Controlled Drugs and Substances Act

Version of section 55 from 2015-06-30 to 2017-05-17:


Marginal note:Regulations

  •  (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 and, without restricting the generality of the foregoing, may make regulations

    • (a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;

    • (b) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

    • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence 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 thereof;

    • (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 specified quantity of a substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);

    • (f) respecting the method of production, preservation, testing, packaging or storage of any controlled substance or precursor or any class thereof;

    • (g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;

    • (h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;

    • (i) prescribing standards of composition, strength, concentration, potency, purity or quality or any other property of any controlled substance or precursor;

    • (j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;

    • (m) respecting the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;

    • (n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations or any terms and conditions specified by the Minister in an exemption granted under subsection 56.1(2);

    • (o) respecting the qualifications for analysts and their powers and duties;

    • (p) respecting the detention and disposal of or otherwise dealing with any controlled substance;

    • (q) respecting the disposal of or otherwise dealing with any precursor;

    • (r) respecting the taking of samples of substances under paragraph 31(1)(h);

    • (s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof

      • (i) to any provincial professional licensing authority, or

      • (ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;

    • (t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;

    • (u) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);

    • (v) prescribing forms for the purposes of this Act or the regulations;

    • (w) establishing classes or groups of controlled substances or precursors;

    • (x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;

    • (y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;

    • (z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and

    • (z.1) prescribing anything that, by this Act, is to be or may be prescribed.

  • Marginal note:Exception related to paragraph (1)(z)

    (1.1) A regulation made under paragraph (1)(z) shall not exempt from the application of all or any of the provisions of this Act or the regulations

    • (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:Regulations

    (1.2) The Governor in Council may make regulations for carrying out the purposes of section 56.1, including

    • (a) defining terms for the purposes of that section;

    • (b) amending the definitions that are set out in subsection 56.1(1);

    • (c) respecting any information to be submitted to the Minister under paragraph 56.1(3)(z.1) and the manner in which it is to be submitted;

    • (d) respecting the circumstances in which an exemption may be granted for a medical or law enforcement purpose;

    • (e) respecting requirements in relation to an application for an exemption made under subsection 56.1(2), including the information to be submitted with the application; and

    • (f) respecting terms and conditions in relation to an exemption granted under subsection 56.1(2).

  • 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 and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations

    • (a) authorizing 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 for the purposes of this subsection;

    • (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to 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 that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of this Act or the regulations;

    • (d) respecting the detention, storage, disposal or otherwise dealing with any controlled substance or precursor;

    • (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

    • (f) prescribing forms for the purposes of the regulations.

  • Marginal note:Regulations pertaining to law enforcement under other Acts of Parliament

    (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 other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force 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 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 for the purposes of this subsection;

    • (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to 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 that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;

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

    • (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

    • (f) prescribing forms for the purposes of the regulations.

  • Marginal note:Incorporation by reference

    (3) Any regulations made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time, and, in such a case, the reference shall be read accordingly.

  • 1996, c. 19, s. 55;
  • 2001, c. 32, s. 55;
  • 2005, c. 10, s. 15;
  • 2015, c. 22, s. 4.
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