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

Act current to 2017-08-27 and last amended on 2017-05-18. Previous Versions

Controlled Drugs and Substances Act

S.C. 1996, c. 19

Assented to 1996-06-20

An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Controlled Drugs and Substances Act.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    adjudicator

    adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; (arbitre)

    analogue

    analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)

    analyst

    analyst means a person who is designated as an analyst under section 44; (analyste)

    Attorney General

    Attorney General means

    • (a) the Attorney General of Canada, and includes their lawful deputy, or

    • (b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)

    controlled substance

    controlled substance means a substance included in Schedule I, II, III, IV or V; (substance désignée)

    customs office

    customs office has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)

    designated device

    designated device means a device included in Schedule IX; (instrument désigné)

    designated substance offence

    designated substance offence means

    • (a) an offence under Part I, except subsection 4(1), or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

    inspector

    inspector means a person who is designated as an inspector under section 30; (inspecteur)

    judge

    judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)

    justice

    justice has the same meaning as in section 2 of the Criminal Code; (juge de paix)

    Minister

    Minister means the Minister of Health; (ministre)

    offence-related property

    offence-related property means, with the exception of a controlled substance, any property, within or outside Canada,

    • (a) by means of or in respect of which a designated substance offence is committed,

    • (b) that is used in any manner in connection with the commission of a designated substance offence, or

    • (c) that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)

    possession

    possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

    practitioner

    practitioner means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)

    precursor

    precursor means a substance included in Schedule VI; (précurseur)

    prescribed

    prescribed means prescribed by the regulations; (Version anglaise seulement)

    produce

    produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including

    • (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

    • (b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,

    and includes offer to produce; (production)

    provide

    provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir)

    sell

    sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)

    traffic

    traffic means, in respect of a substance included in any of Schedules I to V,

    • (a) to sell, administer, give, transfer, transport, send or deliver the substance,

    • (b) to sell an authorization to obtain the substance, or

    • (c) to offer to do anything mentioned in paragraph (a) or (b),

    otherwise than under the authority of the regulations. (trafic)

  • Marginal note:Interpretation

    (2) For the purposes of this Act,

    • (a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

    • (b) a reference to a controlled substance includes a reference to

      • (i) all synthetic and natural forms of the substance, and

      • (ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use

        • (A) in producing the substance, or

        • (B) in introducing the substance into a human body.

  • Marginal note:Interpretation

    (3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.

  • 1996, c. 8, s. 35, c. 19, s. 2;
  • 2001, c. 32, s. 47;
  • 2017, c. 7, s. 1.
Marginal note:Interpretation
  •  (1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

  • Marginal note:Interpretation

    (2) For the purposes of sections 16 and 20, a reference to a person who is or was convicted of a designated substance offence includes a reference to an offender who is discharged under section 730 of the Criminal Code.

  • 1995, c. 22, s. 18;
  • 1996, c. 19, s. 3.

PART IOffences and Punishment

Particular Offences

Marginal note:Possession of substance
  •  (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

  • Marginal note:Obtaining substance

    (2) No person shall seek or obtain

    • (a) a substance included in Schedule I, II, III or IV, or

    • (b) an authorization to obtain a substance included in Schedule I, II, III or IV

    from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

  • Marginal note:Punishment

    (3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Punishment

    (4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Punishment

    (5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.

  • Marginal note:Punishment

    (6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Punishment

    (7) Every person who contravenes subsection (2)

    • (a) is guilty of an indictable offence and liable

      • (i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

      • (ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,

      • (iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or

      • (iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or

    • (b) is guilty of an offence punishable on summary conviction and liable

      • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

      • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Determination of amount

    (8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

 
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