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)
Marginal note:2015, c. 22, s. 5
41 Subsection 56(2) of the Act is replaced by the following :
Marginal note:Exception
(2) The Minister is not authorized under subsection (1) to grant an exemption for a medical purpose that would allow activities in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act to take place at a supervised consumption site.
Marginal note:2015, c. 22, s. 5
42 Section 56.1 of the Act is replaced by the following :
Marginal note:Exemption for medical purpose — supervised consumption site
56.1 (1) For the purpose of allowing certain activities to take place at a supervised consumption site, the Minister may, on any terms and conditions that the Minister considers necessary, exempt the following from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical purpose :
(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:Application
(2) An application for an exemption under subsection (1) shall include information, submitted in the form and manner determined by the Minister, regarding the intended public health benefits of the site and information, if any, related to
(a) the impact of the site on crime rates;
(b) the local conditions indicating a need for the site;
(c) the administrative structure in place to support the site;
(d) the resources available to support the maintenance of the site; and
(e) expressions of community support or opposition.
Marginal note:Subsequent application
(3) An application for an exemption under subsection (1) that would allow certain activities to continue to take place at a supervised consumption site shall include any update to the information provided to the Minister since the previous exemption was granted, including any information related to the public health impacts of the activities at the site.
Marginal note:Notice
(4) The Minister may give notice, in the form and manner determined by the Minister, of any application for an exemption under subsection (1). The notice shall indicate the period of time — not less than 45 days or more than 90 days — in which members of the public may provide the Minister with comments.
Marginal note:Public decision
(5) After making a decision under subsection (1), the Minister shall, in writing, make the decision public and, if the decision is a refusal, include the reasons for it.
56.2 A person who is responsible for the direct supervision, at a supervised consumption site, of the consumption of controlled substances, may offer a person using the site alternative pharmaceutical therapy before that person consumes a controlled substance that is obtained in a manner not authorized under this Act.
43 The Act is amended by adding the following before section 57:
Miscellaneous
44 Section 59 of the Act is repealed.
45 Section 60 of the Act is replaced by the following :
Marginal note:Schedules
60 The Governor in Council may, by order, amend any of Schedules I to IV and VI to IX by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.
Marginal note:Schedule V
60.1 (1) The Minister may, by order, add to Schedule V any item or portion of an item for a period of up to one year, or extend that period by up to another year, if the Minister has reasonable grounds to believe that it
(a) poses a significant risk to public health or safety; or
(b) may pose a risk to public health or safety and
(i) is being imported into Canada with no legitimate purpose, or
(ii) is being distributed in Canada with no legitimate purpose.
Marginal note:Deletions
(2) The Minister may, by order, delete any item or portion of an item from Schedule V.
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 :
Marginal note:Confiscation
(5) S’il est convaincu, selon la prépondérance des probabilités, que les biens sont visés par les alinéas (1)a) ou b), le juge ordonne la confiscation des biens au profit de Sa Majesté; l’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
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):
(iv) section 7.1 (possession, sale, etc., for use in production or trafficking),
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 :
a) détenir — ou faire détenir — les biens saisis en prenant les précautions normales pour garantir leur préservation jusqu’à ce qu’il ait été statué à leur égard conformément au droit applicable;
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.
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