1996, c. 19Controlled Drugs and Substances Act

• 1 (1) The definition adjudicator in subsection 2(1) of the Controlled Drugs and Substances Act is repealed.

• (2) The definition praticien in subsection 2(1) of the French version of the Act is replaced by the following :

  practitioner

  praticien Personne qui est autorisée à exercer dans une province la profession de médecin, de dentiste ou de vétérinaire en vertu des lois de la province et est inscrite sous le régime de ces lois. Y sont assimilées toute autre personne ou catégorie de personnes désignées par règlement. (practitioner)

• (3) The portion of the definition produce in subsection 2(1) of the Act before paragraph (a) is replaced by the following :

  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

• (4) The portion of the definition traffic in subsection 2(1) of the Act before paragraph (a) is replaced by the following :

  traffic

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

• (5) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :

  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)

• (6) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :

  chemical offence-related property

  chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

  non-chemical offence-related property

  non-chemical offence-related property means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)

Marginal note:1995, c. 22, s. 18 (Sch. IV, item 26)

2 Subsection 3(2) of the Act is repealed.

• 3 (1) Subsections 5(1) and (2) of the Act are replaced by the following :

  Marginal note:Trafficking in substance

  • 5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.

  • Marginal note:Possession for purpose of trafficking

    (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.

• Marginal note:2012, c. 1, s. 39(1)

  (2) Clause 5(3)(a)(i)(D) of the French version of the Act is replaced by the following :

  • (D) a, au cours des dix dernières années, été condamnée pour une infraction désignée ou purgé une peine d’emprisonnement relativement à une telle infraction,

• (3) The portion of paragraph 5(3)(b) of the Act before subparagraph (i) is replaced by the following :

  • (b) if the subject matter of the offence is a substance included in Schedule III or V,

• Marginal note:2012, c. 1, s. 39(2)

  (4) Subsection 5(5) of the Act is replaced by the following :

  • Marginal note:Interpretation

    (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.

• 4 (1) The portion of paragraph 6(3)(b) of the Act before subparagraph (i) is replaced by the following :

  • (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

• (2) The portion of paragraph 6(3)(c) of the Act before subparagraph (i) is replaced by the following :

  • (c) if the subject matter of the offence is a substance included in Schedule IV,

• 5 (1) Subsection 7(1) of the Act is replaced by the following :

  Marginal note:Production of substance

  • 7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

• Marginal note:2012, c. 1, s. 41(1)

  (2) The portion of paragraph 7(2)(a.1) of the English version of the Act before subparagraph (i) is replaced by the following :

  • (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

• Marginal note:2012, c. 1, s. 41(1)

  (3) The portion of paragraph 7(2)(b) of the English version of the Act before subparagraph (i) is replaced by the following :

  • (b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

• (4) The portion of paragraph 7(2)(c) of the Act before subparagraph (i) is replaced by the following :

  • (c) if the subject matter of the offence is a substance included in Schedule III or V,

Marginal note:2011, c. 14, s. 1

6 Section 7.1 of the Act is replaced by the following :

Marginal note:2012, c. 1, s. 43(1)

• 7 (1) The portion of subsection 10(2) of the French version of the Act before paragraph (a) is replaced by the following :

  • Marginal note:Circonstances à prendre en considération

    (2) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction désignée — autre qu’une infraction pour laquelle il est tenu d’imposer une peine minimale d’emprisonnement — est tenu de considérer toute circonstance aggravante pertinente, notamment le fait que cette personne, selon le cas :

• (2) Subparagraphs 10(2)(a)(iii) and (iv) of the Act are replaced by the following :

  • (iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or

  • (iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;

• (3) Paragraph 10(2)(b) of the French version of the Act is replaced by the following :

  • b) a déjà été condamnée pour une infraction désignée;

• (4) Paragraph 10(2)(c) of the English version of the Act is replaced by the following :

  • (c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence.

• Marginal note:2012, c. 1, s. 43(2)

  (5) The portion of subsection 10(4) of the French version of the Act before paragraph (a) is replaced by the following :

  • Marginal note:Programme judiciaire de traitement de la toxicomanie

    (4) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction prévue par la présente partie peut reporter la détermination de la peine :

8 The heading “Search, Seizure and Detention” before section 11 of the Act is repealed.

9 Subsection 11(4) of the Act is replaced by the following :

10 The Act is amended by adding the following after section 12:

11 Subsections 13(2) to (6) of the Act are replaced by the following :

12 The heading before section 14 of the Act is replaced by the following :

• 13 (1) Subsection 14(1) of the Act is replaced by the following :

  Marginal note:Application for restraint order

  • 14 (1) The Attorney General may make an application in accordance with this section for a restraint order in respect of any non-chemical offence-related property.

• (2) The portion of subsection 14(2) of the Act before paragraph (b) is replaced by the following :

  • Marginal note:Procedure

    (2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters :

    • (a) the offence to which the property relates;

• (3) Paragraphs 14(2)(b) and (c) of the English version of the Act are replaced by the following :

  • (b) the person who is believed to be in possession of the property; and

  • (c) a description of the property.

• Marginal note:2001, c. 32, s. 49(1)

  (4) Subsection 14(3) of the Act is replaced by the following :

  • Marginal note:Restraint order

    (3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order other than in the manner that is specified in the order.

Marginal note:2001, c. 32, s. 50

14 Sections 14.1 and 15 of the Act are replaced by the following :

15 The heading before section 16 of the Act is replaced by the following :

Marginal note:2001, c. 32, s. 51

• 16 (1) Subsections 16(1) and (2) of the Act are replaced by the following :

  Marginal note:Forfeiture of property

  • 16 (1) Subject to sections 18 to 19.1, if a person is convicted, or discharged under section 730 of the Criminal Code, of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court shall

    • (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

    • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.

  • Marginal note:Property related to other offences

    (2) Subject to sections 18 to 19.1, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated substance offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

• (2) Subsection 16(3) of the Act is replaced by the following :

  • Marginal note:Appeal

    (3) A person who has been convicted or discharged of a designated substance offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

• 17 (1) Paragraphs 17(2)(a) and (b) of the Act are replaced by the following :

  • (a) beyond a reasonable doubt that any property is non-chemical offence-related property,

  • (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and

• (2) Subsection 17(4) of the Act is replaced by the following :

  • Marginal note:Who may dispose of forfeited property

    (4) For the purposes of subsection (2),

    • (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

    • (b) in any other case, the judge shall order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.

18 Section 18 of the Act is replaced by the following :

19 The portion of subsection 19(2) of the Act before paragraph (c) is replaced by the following :

Marginal note:2001, c. 32, s. 53

• 20 (1) Subsection 19.1(1) of the Act is replaced by the following :

  Marginal note:Notice

  • 19.1 (1) If all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted, or discharged under section 730 of the Criminal Code, of the indictable offence under this Act in relation to which the property would be forfeited.

• Marginal note:2001, c. 32, s. 53

  (2) Paragraphs 19.1(2)(a) and (b) of the Act are replaced by the following :

  • (a) be given in the manner that the court directs or that may be specified in the rules of the court;

  • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

• Marginal note:2001, c. 32, s. 53

  (3) Subsection 19.1(3) of the Act is replaced by the following :

  • Marginal note:Non-forfeiture of real property

    (3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted, or discharged under section 730 of the Criminal Code, of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

• Marginal note:2001, c. 32, s. 53

  (4) Paragraph 19.1(4)(a) of the Act is replaced by the following :

  • (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and

21 The portion of subsection 20(1) of the Act before paragraph (b) is replaced by the following :

22 The headings before section 24 and sections 24 to 26 of the Act are replaced by the following :

• 23 (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following :

  Marginal note:Disposition following proceedings

  27 Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court

• (2) Subparagraphs 27(a)(i) and (ii) of the Act are replaced by the following :

  • (i) if it is satisfied that the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or

  • (ii) if it is satisfied that possession of the substance, precursor or property by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and

• (3) Paragraph 27(b) of the Act is replaced by the following :

  • (b) may, if it is not satisfied that the substance, precursor or property should be returned under subparagraph (a)(i) or (ii) or if possession of it by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is not known, order that it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

24 Sections 28 and 29 of the Act are replaced by the following :

Marginal note:2015, c. 22, s. 2

25 Subsection 30(2) of the Act is replaced by the following :

• 26 (1) The portion of subsection 31(1) of the Act before paragraph (b) is replaced by the following :

  Marginal note:Powers of inspector

  • 31 (1) Subject to subsection (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, referred to in subsection (1.1) and may for that purpose

    • (a) open and examine any receptacle or package found in that place in which a controlled substance, precursor or designated device may be found;

• (2) Paragraph 31(1)(b) of the French version of the Act is replaced by the following :

  • b) examiner toute chose trouvée sur les lieux et servant — ou susceptible de servir — à la production, à la conservation, à l’emballage ou à l’entreposage d’une substance désignée ou d’un précurseur;

• (3) Paragraph 31(1)(c) of the Act is replaced by the following :

  • (c) examine any labels or advertising material or records, books, electronic data or other documents found in that place with respect to any controlled substance, precursor, or designated device other than the records of the medical condition of persons, and make copies thereof or take extracts therefrom;

• (4) Subsection 31(1) of the Act is amended by adding the following after paragraph (g):

  • (g.1) take photographs and make recordings and sketches;

• (5) Subsection 31(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following :

  • (i) seize and detain, in accordance with this Part, any controlled substance, precursor, designated device or conveyance found in that place the seizure and detention of which the inspector believes on reasonable grounds are necessary;

  • (j) order the owner or person having possession, care or control of any controlled substance, precursor, designated device or other thing to which the provisions of this Act or the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (k) order the owner or person having possession, care or control of any conveyance that is found in that place and that the inspector believes on reasonable grounds contains a controlled substance, precursor or designated device to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (l) order any person in that place to establish their identity to the inspector’s satisfaction; and

  • (m) order a person who, at that place, conducts an activity to which the provisions of this Act or the regulations apply to stop or start the activity.

• Marginal note:2015, c. 22, s. 3(1), (2)(E) and (3)

  (6) Subsections 31(1.1) to (3) of the Act are replaced by the following :

  • Marginal note:Place

    (1.1) For the purposes of subsection (1), the inspector may only enter a place in which they believe on reasonable grounds

    • (a) a controlled substance, precursor, designated device or document relating to the administration of this Act or the regulations is located;

    • (b) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;

    • (c) an activity to which the provisions of this Act or the regulations apply is being conducted; or

    • (d) an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.

  • Marginal note:Means of telecommunication

    (1.2) For the purposes of subsections (1) and (1.1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

  • Marginal note:Limitation — access by means of telecommunication

    (1.3) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for any purpose referred to in subsection (1).

  • Marginal note:Person accompanying inspector

    (1.4) An inspector may be accompanied by any other person that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (1.5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1.1).

  • Marginal note:Warrant to enter dwelling-house

    (2) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (3).

  • Marginal note:Authority to issue warrant

    (3) A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (1)(a) to (m), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsections (1) and (1.1);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or the regulations; and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.

• Marginal note:2015, c. 22, s. 3(4)(E)

  (7) Subsections 31(5) to (9) of the Act are replaced by the following :

  • Marginal note:Assistance to inspector

    (5) The owner or other person in charge of a place entered by an inspector and every person found there shall give the inspector all reasonable assistance in that person’s power and provide the inspector with any information that the inspector may reasonably require.

  • Marginal note:Storage

    (6) Anything that is seized and detained by an inspector under this section may, at the inspector’s discretion, be kept or stored at the place where it was seized or, at the inspector’s direction, be removed to any other proper place.

  • Marginal note:Notice

    (7) An inspector who seizes anything under this section shall take any measures that are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurred notice of the seizure and of the location where the thing is being kept or stored.

  • Marginal note:Return by inspector

    (8) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector shall notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, shall return the thing to that person.

  • Marginal note:Return or disposition by Minister

    (9) Despite sections 24, 25 and 27, if a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned in accordance with subsection (8), it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

• (8) Subsection 31(9) of the Act is replaced by the following :

  • Marginal note:Return or disposition by Minister

    (9) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (8) or any of sections 24 to 27, it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

• 27 (1) Subsection 32(1) of the Act is replaced by the following :

  Marginal note:Obstructing inspector

  • 32 (1) No person shall, by act or omission, obstruct an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.

• (2) Subsection 32(2) of the English version of the Act is replaced by the following :

  • Marginal note:False statements

    (2) No person shall knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.

• (3) Subsection 32(3) of the French version of the Act is replaced by the following :

  • Marginal note:Interdiction

    (3) Il est interdit, sans l’autorisation de l’inspecteur, de déplacer les choses saisies, retenues ou emportées en application de l’article 31 ou d’en modifier l’état de quelque manière que ce soit.

28 Part V of the Act is replaced by the following :

29 Subsection 45(1) of the Act is replaced by the following :

30 The Act is amended by adding the following after section 45:

31 The portion of section 45.1 of the Act before paragraph (a) is replaced by the following :

32 Section 45.2 of the Act is replaced by the following :

33 The portion of section 46 of the Act before paragraph (a) is replaced by the following :

34 The Act is amended by adding the following after section 46:

• 35 (1) Subsection 46.3(1) of the Act is replaced by the following :

  Marginal note:Importation of designated device

  • 46.3 (1) No person shall import into Canada a designated device unless they register the importation with the Minister and the person imports it in accordance with the regulations.

• (2) Subsection 46.3(2) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) any other prescribed information.

36 The Act is amended by adding the following before section 47:

37 Section 47 of the Act is replaced by the following :

• 38 (1) Subsection 51(1) of the Act is replaced by the following :

  Marginal note:Certificate or report of analyst

  • 51 (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.

• (2) Subsection 51(3) of the Act is repealed.

39 The heading before section 55 of the Act is replaced by the following :

• 40 (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following :

  Marginal note:Regulations

  • 55 (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

• (2) Paragraph 55(1)(b) of the French version of the Act is replaced by the following :

  • b) régir les circonstances et les conditions dans lesquelles peuvent se faire les opérations visées à l’alinéa a), le mode d’autorisation de celles-ci, ainsi que les personnes ou catégories de personnes pouvant s’y livrer ou habilitées à les autoriser;

• (3) Paragraphs 55(1)(c) to (e) of the Act are replaced by the following :

  • (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;

• (4) Paragraph 55(1)(f) of the French version of the Act is replaced by the following :

  • f) régir les méthodes de production, la conservation, l’essai, l’emballage ou l’entreposage de toute substance désignée ou de tout précurseur, ou d’une de leurs catégories;

• (5) Paragraph 55(1)(h) of the French version of the Act is replaced by the following :

  • h) régir les compétences requises des personnes qui, sous la supervision du titulaire d’une licence réglementaire délivrée à cette fin, s’adonnent à toute opération — notamment la production, la conservation, l’essai, l’emballage, l’entreposage, la vente ou la fourniture — portant sur toute substance désignée ou tout précurseur, ou sur une de leurs catégories;

• Marginal note:2015, c. 22, s. 4(1)

  (6) Paragraphs 55(1)(m) and (n) of the Act are replaced by the following :

  • (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;

• (7) Paragraphs 55(1)(p) and (q) of the Act are replaced by the following :

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

• (8) Paragraph 55(1)(s) of the Act is replaced by the following :

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

• (9) Paragraph 55(1)(t) of the French version of the Act is replaced by the following :

  • t) régir les modalités d’établissement, de signification ou de dépôt des notifications, avis, ordonnances, rapports ou autres documents prévus par la présente loi ou ses règlements ainsi que les modalités de preuve de leur signification;

• (10) Paragraph 55(1)(u) of the Act is replaced by the following :

  • (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;

• (11) Paragraphs 55(1)(w) to (z) of the Act are replaced by the following :

  • (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

• (12) Subsection 55(1) of the Act is amended by striking out “and” at the end of paragraph (z.01) and by adding the following after that paragraph :

  • (z.02) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, sale, provision, possession of or other dealing in any designated device or any class of designated devices;

  • (z.03) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences or of any permit for the importation into Canada, exportation from Canada, sale, provision or possession of any designated device or class of designated devices; and

• (13) Subsection 55(1) of the Act is amended by striking out “and” at the end of paragraph (z.03) and by adding the following after that paragraph :

  • (z.04) prescribing exportation from Canada, sale, provision, or possession of any designated device or any class of designated devices as activities for the purpose of section 46.4;

  • (z.05) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any designated device or class of designated devices may be exported from Canada, sold, provided or possessed, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

  • (z.06) respecting the registration of activities in relation to any designated device or any class of designated devices for the purpose of section 46.4; and

• Marginal note:2015, c. 22, s. 4(2)

  (14) Subsection 55(1.1) of the Act is repealed.

• Marginal note:2015, c. 22, s. 4(2)

  (15) Paragraphs 55(1.2)(b) to (f) of the Act are replaced by the following :

  • (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:2005, c. 10, s. 15(1)

  (16) The portion of subsection 55(2) of the Act before paragraph (d) is replaced by the following :

  • 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;

• (17) Paragraph 55(2)(d) of the English version of the Act is replaced by the following :

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

• Marginal note:2001, c. 32, s. 55; 2005, c. 10, s. 15(2)

  (18) The portion of subsection 55(2.1) of the Act before paragraph (d) is replaced by the following :

  • 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;

• Marginal note:2001, c. 32, s. 55

  (19) Paragraph 55(2.1)(d) of the English version of the Act is replaced by the following :

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

Marginal note:2015, c. 22, s. 5

41 Subsection 56(2) of the Act is replaced by the following :

Marginal note:2015, c. 22, s. 5

42 Section 56.1 of the Act is replaced by the following :

43 The Act is amended by adding the following before section 57:

44 Section 59 of the Act is repealed.

45 Section 60 of the Act is replaced by the following :

46 Schedule I to the Act is amended by replacing the references after the heading “SCHEDULE I” with the following :

47 Schedule II to the Act is amended by replacing the references after the heading “SCHEDULE II” with the following :

48 Schedule III to the Act is amended by replacing the references after the heading “SCHEDULE III” with the following :

49 Schedule IV to the Act is amended by replacing the references after the heading “SCHEDULE IV” with the following :

Marginal note:SOR/2002-361, s. 1; SOR/2003-32, s. 7

50 Schedule V to the Act is replaced by the Schedule V set out in Schedule 1 to this Act.

51 The Act is amended by adding, after Schedule VIII, the Schedule IX set out in Schedule 2 to this Act.

Related Amendments

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 25, s. 59(6)

52 Subsections 99(2) and (3) of the Customs Act are repealed.

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

53 Subsections 17(2) and (3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act are repealed.

R.S., c. C-46Criminal Code

Marginal note:2001, c. 41, s. 4

• 54 (1) Paragraphs 83.13(4)(a) and (b) of the Criminal Code are replaced by the following :

  • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

  • (b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and

  • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8.1).

• Marginal note:2001, c. 41, s. 4

  (2) Subsection 83.13(5) of the Act is replaced by the following :

  • Marginal note:Application for destruction order

    (5) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a judge of the Federal Court for a destruction order.

• Marginal note:2001, c. 41, s. 4

  (3) Subsection 83.13(6) of the English version of the Act is replaced by the following :

  • Marginal note:Notice

    (6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the judge’s opinion, appears to have a valid interest in the property.

• Marginal note:2001, c. 41, s. 4

  (4) Subsections 83.13(7) to (9) of the Act are replaced by the following :

  • Marginal note:Manner of giving notice

    (7) A notice shall

    • (a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and

    • (b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.

  • Marginal note:Destruction order

    (8) A judge shall order that the property be destroyed if they are satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (8.1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (9.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Marginal note:2001, c. 41, s. 4

55 Subsection 83.14(5) of the French version of the Act is replaced by the following :

56 Paragraph (d) of the definition offence in section 183 of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

Marginal note:R.S., c. 42 (4th Supp.), s. 2

57 Paragraph 462.32(4)(a) of the French version of the Act is replaced by the following :

Marginal note:2001, c. 32, s. 16

• 58 (1) Paragraphs 462.331(3)(a) and (b) of the Act are replaced by the following :

  • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

  • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

  • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).

• Marginal note:2001, c. 32, s. 16

  (2) Subsections 462.331(4) and (5) of the Act are replaced by the following :

  • Marginal note:Application for destruction order

    (4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

• Marginal note:2001, c. 32, s. 16

  (3) Paragraphs 462.331(6)(a) and (b) of the Act are replaced by the following :

  • (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

• Marginal note:2001, c. 32, s. 16

  (4) Subsections 462.331(7) and (8) of the Act are replaced by the following :

  • Marginal note:Destruction order

    (7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Marginal note:2001, c. 32, s. 19

• 59 (1) Subsections 462.37(1) and (2) of the Act are replaced by the following :

  Marginal note:Order of forfeiture of property

  • 462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:Proceeds of crime — other offences

    (2) If the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) was obtained through the commission of the designated offence of which the offender is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

• Marginal note:2005, c. 44, s. 6(1)

  (2) Subsection 462.37(2.01) of the French version of the Act is replaced by the following :

  • Marginal note:Confiscation — circonstances particulières

    (2.01) Dans le cas où le contrevenant est condamné pour une infraction mentionnée au paragraphe (2.02), le tribunal qui détermine la peine à infliger est tenu, sur demande du procureur général et sous réserve des autres dispositions du présent article et des articles 462.4 et 462.41, d’ordonner la confiscation au profit de Sa Majesté des biens du contrevenant précisés par le procureur général dans la demande et de prévoir dans l’ordonnance qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable, s’il est convaincu, selon la prépondérance des probabilités, de l’un ou l’autre des faits suivants :

    • a) le contrevenant s’est livré, dans les dix ans précédant l’inculpation relative à l’infraction en cause, à des activités criminelles répétées visant à lui procurer, directement ou indirectement, un avantage matériel, notamment pécuniaire;

    • b) le revenu du contrevenant de sources non liées à des infractions désignées ne peut justifier de façon raisonnable la valeur de son patrimoine.

Marginal note:2001, c. 32, s. 20(2)

• 60 (1) Paragraph 462.38(2)(b) of the Act is replaced by the following :

  • (b) that property was obtained through the commission of a designated offence in respect of which proceedings were commenced, and

• Marginal note:R.S., c. 42 (4th Supp.), s. 2

  (2) The portion of subsection 462.38(2) of the French version of the Act after paragraph (c) is replaced by the following :

  L’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

Marginal note:R.S., c. 42 (4th Supp.), s. 2

61 The portion of subsection 462.41(2) of the Act before paragraph (c) is replaced by the following :

Marginal note:R.S., c. 42 (4th Supp.), s. 2

62 The portion of paragraph 462.43(1)(c) of the French version of the Act after subparagraph (ii) is replaced by the following :

Marginal note:1997, c. 18, s. 50(2)

63 The portion of subsection 490(9) of the French version of the Act after paragraph (d) is replaced by the following :

Marginal note:1997, c. 23, s. 15; 2007, c. 13, ss. 8(1) and (2)

64 Subsections 490.1(1) and (2) of the Act are replaced by the following :

Marginal note:1997, c. 23, s. 15

65 Paragraphs 490.2(4)(a) and (b) of the Act are replaced by the following :

Marginal note:1997, c. 23, s. 15

66 The portion of subsection 490.4(2) of the Act before paragraph (c) is replaced by the following :

Marginal note:2001, c. 32, s. 33

67 Paragraphs 490.41(2)(a) and (b) of the Act are replaced by the following :

Marginal note:2001, c. 32, s. 36

• 68 (1) Paragraphs 490.81(3)(a) and (b) of the Act are replaced by the following :

  • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

  • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

  • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).

• Marginal note:2001, c. 32, s. 36

  (2) Subsections 490.81(4) and (5) of the Act are replaced by the following :

  • Marginal note:Application for destruction order

    (4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

• Marginal note:2001, c. 32, s. 36

  (3) Paragraphs 490.81(6)(a) and (b) of the Act are replaced by the following :

  • (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

• Marginal note:2001, c. 32, s. 36

  (4) Subsections 490.81(7) and (8) of the Act are replaced by the following :

  • Marginal note:Destruction order

    (7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Marginal note:R.S., c. 27 (1st Supp.), s. 74

69 Paragraph 491.1(2)(b) of the French version of the Act is replaced by the following :

1993, c. 37Seized Property Management Act

Marginal note:2001, c. 41, ss. 135(6) and (7)

70 Paragraphs 4(1)(a) and (b) of the Seized Property Management Act are replaced by the following :

Marginal note:2001, c. 41, s. 135(8)

71 Subsection 5(1) of the Act is replaced by the following :

Marginal note:2001, c. 32, s. 77

• 72 (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following :

  • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

  • (b) the power to destroy, in accordance with subsections (2.1) to (2.4), property that has little or no value; and

  • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (2.5).

• Marginal note:2001, c. 32, s. 77

  (2) Subsection 7(2.2) of the Act is replaced by the following :

  • Marginal note:Notice

    (2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

• Marginal note:2001, c. 32, s. 77

  (3) Paragraphs 7(2.3)(a) and (b) of the Act are replaced by the following :

  • (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

  • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

• Marginal note:2001, c. 32, s. 77

  (4) Subsections 7(2.4) and (3) of the Act are replaced by the following :

  • Marginal note:Destruction order

    (2.4) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (3) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (4) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Coming into Force

Marginal note:Order in council

• 73 (1) Subsection 1(1) and section 28 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Subsection 1(6), section 2, subsections 3(2) and 7(1), (3) and (5), sections 8 and 10 to 24, subsection 26(8), sections 29, 54, 58 and 59, subsection 60(1) and sections 61, 64 to 68 and 70 to 72 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (3) Sections 31, 32 and 36 and subsection 40(13) come into force on a day to be fixed by order of the Governor in Council, but this day must not be before the day fixed by the Governor in Council under subsection (5).

• Marginal note:Order in council

  (4) Section 35 comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (5) Subsection 40(12) comes into force on a day to be fixed by order of the Governor in Council.