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

Act current to 2017-03-20 and last amended on 2017-02-22. Previous Versions

Marginal note:Offence for contravention of order

 Every person commits an offence who contravenes an order or an interim order made under this Part.

PART VIGeneral

Analysis

Marginal note:Designation of analysts

 The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(o), any person as an analyst for the purposes of this Act and the regulations.

Marginal note:Analysis
  •  (1) An inspector or peace officer may submit to an analyst for analysis or examination any substance or sample thereof taken by the inspector or peace officer.

  • Marginal note:Report

    (2) An analyst who has made an analysis or examination under subsection (1) may prepare a certificate or report stating that the analyst has analysed or examined a substance or a sample thereof and setting out the results of the analysis or examination.

Offence and Punishment

Marginal note:Penalty

 Every person who contravenes a provision of this Act for which punishment is not otherwise provided or a regulation, other than a designated regulation within the meaning of Part V,

  • (a) is guilty of an indictable offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years, or to both; or

  • (b) 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.

Evidence and Procedure

Marginal note:Limitation
  •  (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2), section 43 or the regulations shall be commenced after the expiration 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 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.

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 of analyst
  •  (1) Subject to this section, 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 the regulations 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.

  • Marginal note:Notice

    (3) Unless the court otherwise orders, no certificate or report shall be received in evidence under subsection (1) unless the party intending to produce it has, before its production at trial, given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

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, Exemptions and Disqualifications

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 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 class of licence 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 thereof;

    • (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 specified quantity of a substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);

    • (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 the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;

    • (n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations or any terms and conditions specified by the Minister in an exemption granted under subsection 56.1(2);

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

    • (p) respecting the detention and disposal of or otherwise dealing with any controlled substance;

    • (q) respecting the disposal of or otherwise dealing with any precursor;

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

    • (s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof

      • (i) to any provincial professional licensing authority, or

      • (ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;

    • (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) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);

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

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

    • (x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;

    • (y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;

    • (z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and

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

  • Marginal note:Exception related to paragraph (1)(z)

    (1.1) A regulation made under paragraph (1)(z) shall not exempt from the application of all or any of the provisions of this Act or the regulations

    • (a) any person or class of persons in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act; or

    • (b) any controlled substance or precursor or any class of either of them that is obtained in a manner not authorized under this Act.

  • 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) amending the definitions that are set out in subsection 56.1(1);

    • (c) respecting any information to be submitted to the Minister under paragraph 56.1(3)(z.1) and the manner in which it is to be submitted;

    • (d) respecting the circumstances in which an exemption may be granted for a medical or law enforcement purpose;

    • (e) respecting requirements in relation to an application for an exemption made under subsection 56.1(2), including the information to be submitted with the application; and

    • (f) respecting terms and conditions in relation to an exemption granted under subsection 56.1(2).

  • 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 and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations

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

    • (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to 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 that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of this Act or the regulations;

    • (d) respecting the detention, storage, disposal or otherwise 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 of Parliament

    (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 other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force 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 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 for the purposes of this subsection;

    • (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to 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 that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;

    • (d) respecting the detention, storage, disposal 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.
 
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