An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)
Full Document:
Assented to 2017-05-18
1996, c. 19Controlled Drugs and Substances Act (continued)
29 Subsection 45(1) of the Act is replaced by the following :
Marginal note:Analysis
45 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person.
30 The Act is amended by adding the following after section 45:
Ministerial Orders
Marginal note:Provision of information
45.1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors or a person who imports designated devices to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary
(a) to verify compliance or prevent non-compliance with the provisions of this Act or the regulations; or
(b) to address an issue of public health or safety.
Marginal note:Measures
45.2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.
Marginal note:Review officer
45.3 The Minister may designate any qualified individual or class of qualified individuals as review officers for the purpose of reviewing orders under section 45.4.
Marginal note:Request for review
45.4 (1) Subject to any other provision of this section, an order that is made under section 45.1 or 45.2 shall be reviewed on the written request of the person who was ordered to provide information or to take measures — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.
Marginal note:Contents of and time for making request
(2) The request shall state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided.
Marginal note:No authority to review
(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
Marginal note:Reasons for refusal
(4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
Marginal note:Review initiated by review officer
(5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).
Marginal note:Order in effect
(6) An order continues to apply during a review unless the review officer decides otherwise.
Marginal note:Completion of review
(7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.
Marginal note:Extension of period for review
(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
Marginal note:Reasons for extension
(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
Marginal note:Decision on completion of review
(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
Marginal note:Written notice
(11) The person who made the request or, if there is no request, the person who was ordered to provide information or to take measures shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
Marginal note:Effect of amendment
(12) An order that is amended is subject to review under this section.
Marginal note:Statutory Instruments Act
45.5 The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.
31 The portion of section 45.1 of the Act before paragraph (a) is replaced by the following :
Marginal note:Provision of information
45.1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors, who imports designated devices or who conducts other activities referred to in section 46.4 to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary
32 Section 45.2 of the Act is replaced by the following :
Marginal note:Measures
45.2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors or who conducts activities referred to in section 46.4 in relation to designated devices, to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.
33 The portion of section 46 of the Act before paragraph (a) is replaced by the following :
Marginal note:Penalty
46 Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation or an order made under section 45.1 or 45.2
34 The Act is amended by adding the following after section 46:
Prohibitions
Marginal note:Offence of making false or deceptive statements
46.1 No person shall knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any book, record, return or other document however recorded, required to be maintained, made or furnished under this Act or the regulations.
Marginal note:Compliance with terms and conditions
46.2 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.
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.
Marginal note:Information for registration
(2) The following information shall be submitted to the Minister for the purpose of registering the importation of a designated device :
(a) the name of the person importing the designated device or, if the person is a corporation, the corporate name and any other name registered with a province, under which the person carries out its activities or identifies itself;
(b) the person’s address or, if the person is a corporation, the address of its primary place of business in Canada;
(c) a description of the designated device, including the model number, serial number, and the brand name or trademark associated with it, if any;
(d) the address where the designated device will be delivered as well as the street address of the premises where it will be used by the person importing it;
(e) the name of the customs office where the importation is anticipated; and
(f) the anticipated date of importation.
Marginal note:Registration
(3) After the Minister receives the information, the Minister shall register the importation and provide proof of the registration to the person importing the designated device.
Marginal note:Proof of registration
(4) The person importing the designated device shall provide the proof of the registration of its importation to the customs office at the time specified by the regulations or, if no time is specified by the regulations, at the time of importation.
Marginal note:Refusal or cancellation
(5) The Minister may refuse to register or cancel the registration of the importation of a designated device if the Minister believes on reasonable grounds that false or misleading information was provided, or it is necessary to do so to protect public health or safety or for any other prescribed reason.
Marginal note:Disclosure of information — designated device
(6) The Minister is authorized to disclose to the Canada Border Services Agency or an officer, as defined in section 2(1) of the Customs Act, any information submitted under subsection (2) for the purpose of verifying compliance with the provisions of this Act or the regulations.
Marginal note:Disclosure of information to police force
(7) The Minister is authorized to disclose any information submitted under subsection (2) to a Canadian police force or a member of a Canadian police force who requests the information in the course of an investigation under this Act.
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:
Marginal note:Designated device — prescribed activity
46.4 No person shall conduct a prescribed activity in relation to a designated device except in accordance with the regulations.
37 Section 47 of the Act is replaced by the following :
Marginal note:Time limit
47 (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.
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 :
Regulations and Exemptions
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;
Page Details
- Date modified: