Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Act current to 2015-11-16 and last amended on 2015-07-16. Previous Versions

Marginal note:Determination by adjudicator
  •  (1) An adjudicator shall, after the conclusion of a hearing referred to in subsection 36(1) or a proceeding referred to in subsection 36(3), within the prescribed time, make a determination that the person who is the subject of the hearing or proceeding contravened or did not contravene the designated regulation.

  • Marginal note:Notice of determination

    (2) Where an adjudicator has made a determination under subsection (1), the adjudicator shall

    • (a) forthwith notify the person and the Minister of the adjudicator’s determination and the reasons; and

    • (b) where the adjudicator has determined that the person has contravened the designated regulation, notify the person of the opportunity to make representations to the Minister in writing in accordance with the regulations and within the prescribed time.

  • Marginal note:Ministerial orders

    (3) Where an adjudicator has made a determination referred to in paragraph (2)(b) and the Minister has considered the determination and any representations referred to in that paragraph, the Minister shall forthwith make an order

    • (a) prohibiting the person from doing anything that they would, if they were in compliance with the designated regulation, be permitted to do, or

    • (b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the order,

    and may, for that purpose, suspend, cancel or amend any licence, permit or authorization issued or granted to the person under the regulations or take any other measures set out in the regulations.

  • Marginal note:Ministerial orders

    (4) An order made under subsection (3) shall be served on the person to whom it is directed in the prescribed manner.

Marginal note:Effect of order
  •  (1) An interim order made under subsection 35(1) and an order made under subsection 41(3) have effect from the time that they are served on the person to whom they are directed.

  • Marginal note:Cessation of effect

    (2) An interim order that was made in respect of a person believed to have contravened a designated regulation ceases to have effect

    • (a) where the Minister makes an order under subsection 41(3), at the time the order is served on the person; and

    • (b) where an adjudicator has determined that the person did not contravene the designated regulation, at the time the adjudicator makes the determination.

  • Marginal note:Application to revoke order

    (3) A person in respect of whom an order was made under subsection 41(3) may make an application in writing to the Minister in accordance with the regulations to revoke the order.

  • Marginal note:Revocation of order

    (4) The Minister may, in the prescribed circumstances, revoke, in whole or in part, any order made under subsection 41(3).