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

Assented to 2017-05-18

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 :

(Sections 2, 4 to 7.1, 10, 29, 55 and 60)

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

(Sections 2, 4 to 7.1, 10, 29, 55 and 60)

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

(Sections 2, 4 to 7.1, 10, 29, 55 and 60)

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

(Sections 2, 4 to 7.1, 10, 29, 55 and 60)
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.

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