An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)
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Assented to 2017-05-18
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.
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