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

Act current to 2017-07-03 and last amended on 2017-05-18. Previous Versions

Evidence and Procedure

Marginal note:Time limit
  •  (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulations or in respect of a contravention of an order made under section 45.1 or 45.2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose.

  • Marginal note:Venue

    (2) Proceedings in respect of a contravention of any provision of this Act or the regulations or of an order made under section 45.1 or 45.2 may be held in the place where the offence was committed or where the subject matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.

  • 1996, c. 19, s. 47;
  • 2017, c. 7, s. 37.
Marginal note:Burden of proving exception, etc.
  •  (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or the regulations or under section 463, 464 or 465 of the Criminal Code in respect of such an offence.

  • Marginal note:Burden of proving exception, etc.

    (2) In any prosecution under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit or other qualification does not operate in favour of the accused, whether or not the qualification is set out in the information or indictment.

Marginal note:Copies of documents
  •  (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or pursuant to a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 48(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the person purporting to have certified it.

  • Marginal note:Authentication

    (2) For the purposes of subsection (1), an engraved, lithographed, photocopied, photographed, printed or otherwise electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.

  • Marginal note:Evidence inadmissible under this section

    (3) Nothing in subsection (1) renders admissible in evidence in any legal proceeding such part of any record as is proved to be a record made in the course of an investigation or inquiry.

Marginal note:Certificate issued pursuant to regulations
  •  (1) Subject to subsection (2), any certificate or other document issued pursuant to regulations made under paragraph 55(2)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the person purporting to have certified it.

  • Marginal note:Certificate issued pursuant to regulations

    (2) The defence may, with leave of the court, require that the person who issued the certificate or other document

    • (a) produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or

    • (b) appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.

Marginal note:Certificate or report of analyst
  •  (1) A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance of analyst

    (2) The party against whom a certificate or report of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

  • (3) [Repealed, 2017, c. 7, s. 38]

  • 1996, c. 19, s. 51;
  • 2017, c. 7, s. 38.
Marginal note:Proof of notice
  •  (1) For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the oral evidence of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document.

  • Marginal note:Proof of notice

    (2) Notwithstanding subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.

Marginal note:Continuity of possession
  •  (1) In any proceeding under this Act or the regulations, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or the affidavit or solemn declaration of, the person claiming to have had it in their possession.

  • Marginal note:Alternative method of proof

    (2) Where an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.

Marginal note:Copies of records, books or documents

 Where any record, book, electronic data or other document is examined or seized under this Act or the regulations, the Minister, or the officer by whom the record, book, electronic data or other document is examined or seized, may make or cause to be made one or more copies thereof, and a copy of any such record, book, electronic data or other document purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, book, electronic data or other document would have had if it had been proved in the ordinary way.

Regulations and Exemptions

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act, as well as the regulation of designated devices and, without restricting the generality of the foregoing, may make regulations

    • (a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;

    • (b) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

    • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class of those substances;

    • (d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;

    • (d.1) authorizing the Minister to impose terms and conditions on any licence or any permit including existing licences or permits, and to amend those terms and conditions;

    • (e) prescribing the fees payable on application for any of the licences or permits;

    • (f) respecting the method of production, preservation, testing, packaging or storage of any controlled substance or precursor or any class thereof;

    • (g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;

    • (h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;

    • (i) prescribing standards of composition, strength, concentration, potency, purity or quality or any other property of any controlled substance or precursor;

    • (j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;

    • (m) respecting records, reports, electronic data or other documents in respect of controlled substances, precursors or designated devices that are required to be kept and provided by any person or class of persons;

    • (n) respecting the qualifications for inspectors and their powers, duties and functions in relation to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations;

    • (o) respecting the qualifications for analysts and their powers and duties;

    • (p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, designated device, offence-related property or conveyance;

    • (q) [Repealed, 2017, c. 7, s. 40]

    • (r) respecting the taking of samples of substances under paragraph 31(1)(h);

    • (s) respecting the collection, use, retention, disclosure and disposal of information;

    • (t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;

    • (u) authorizing the Minister to add to or delete from, by order, a schedule to Part J of the Food and Drug Regulations any item or portion of an item included in Schedule V;

    • (v) prescribing forms for the purposes of this Act or the regulations;

    • (w) establishing classes or groups of controlled substances, precursors or designated devices;

    • (x) respecting the provision of information under section 45.1;

    • (y) respecting the measures referred to in section 45.2;

    • (y.1) respecting the review of orders under section 45.4;

    • (z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance, precursor, designated device or any class of controlled substances, precursors or designated devices from the application of all or any of the provisions of this Act or the regulations;

    • (z.01) respecting the registration of the importation of any designated device or class of designated devices, including the time that proof of registration must be provided; and

    • (z.1) prescribing anything that, by this Act, is to be or may be prescribed.

  • (1.1) [Repealed, 2017, c. 7, s. 40]

  • Marginal note:Regulations

    (1.2) The Governor in Council may make regulations for carrying out the purposes of section 56.1, including

    • (a) defining terms for the purposes of that section;

    • (b) [Repealed, 2017, c. 7, s. 40]

    • (c) respecting any information to be submitted to the Minister and the manner in which it is to be submitted;

    • (d) respecting the circumstances in which an exemption may be granted;

    • (e) respecting requirements in relation to an application for an exemption made under subsection 56.1(1); and

    • (f) respecting terms and conditions in relation to an exemption granted under subsection 56.1(1).

  • Marginal note:Regulations pertaining to law enforcement

    (2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force or of the military police and other persons acting under the direction and control of the member and, without restricting the generality of the foregoing, may make regulations

    • (a) authorizing, for the purposes of this subsection,

      • (i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

      • (ii) the Minister of National Defence to designate military police;

    • (b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of Part I or the regulations;

    • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of this Act or the regulations;

    • (d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;

    • (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

    • (f) prescribing forms for the purposes of the regulations.

  • Marginal note:Regulations pertaining to law enforcement under other Acts

    (2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations

    • (a) authorizing, for the purposes of this subsection,

      • (i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

      • (ii) the Minister of National Defence to designate military police;

    • (b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of Part I or the regulations;

    • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of Part I or the regulations;

    • (d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;

    • (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

    • (f) prescribing forms for the purposes of the regulations.

  • Marginal note:Incorporation by reference

    (3) Any regulations made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time, and, in such a case, the reference shall be read accordingly.

  • 1996, c. 19, s. 55;
  • 2001, c. 32, s. 55;
  • 2005, c. 10, s. 15;
  • 2015, c. 22, s. 4;
  • 2017, c. 7, s. 40.
 
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