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Controlled Drugs and Substances Act

Version of section 56.1 from 2017-05-18 to 2019-07-01:


Marginal note:Exemption for medical purpose — supervised consumption site

  •  (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.

  • 2015, c. 22, s. 5
  • 2017, c. 7, s. 42
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