Short Title

Marginal note:Short title

1 This Act may be cited as the Controlled Drugs and Substances Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  adjudicator

  adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; (arbitre)

  analogue

  analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)

  analyst

  analyst means a person who is designated as an analyst under section 44; (analyste)

  Attorney General

  Attorney General means

  • (a) the Attorney General of Canada, and includes their lawful deputy, or

  • (b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)

  chemical offence-related property

  chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

  controlled substance

  controlled substance means a substance included in Schedule I, II, III, IV or V; (substance désignée)

  customs office

  customs office has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)

  designated device

  designated device means a device included in Schedule IX; (instrument désigné)

  designated substance offence

  designated substance offence means

  • (a) an offence under Part I, except subsection 4(1), or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

  inspector

  inspector means a person who is designated as an inspector under section 30; (inspecteur)

  judge

  judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)

  justice

  justice has the same meaning as in section 2 of the Criminal Code; (juge de paix)

  Minister

  Minister means the Minister of Health; (ministre)

  non-chemical offence-related property

  non-chemical offence-related property means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)

  offence-related property

  offence-related property means, with the exception of a controlled substance, any property, within or outside Canada,

  • (a) by means of or in respect of which a designated substance offence is committed,

  • (b) that is used in any manner in connection with the commission of a designated substance offence, or

  • (c) that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)

  organization

  organization has the same meaning as in section 2 of the Criminal Code. (organisation)

  person

  person means an individual or an organization. (personne)

  possession

  possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

  practitioner

  practitioner means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)

  precursor

  precursor means a substance included in Schedule VI; (précurseur)

  prescribed

  prescribed means prescribed by the regulations; (Version anglaise seulement)

  produce

  produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including

  • (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

  • (b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,

  and includes offer to produce; (production)

  provide

  provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir)

  sell

  sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)

  traffic

  traffic means, in respect of a substance included in any of Schedules I to V,

  • (a) to sell, administer, give, transfer, transport, send or deliver the substance,

  • (b) to sell an authorization to obtain the substance, or

  • (c) to offer to do anything mentioned in paragraph (a) or (b),

  otherwise than under the authority of the regulations. (trafic)

• Marginal note:Interpretation

  (2) For the purposes of this Act,

  • (a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

  • (b) a reference to a controlled substance includes a reference to

    • (i) all synthetic and natural forms of the substance, and

    • (ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use

      • (A) in producing the substance, or

      • (B) in introducing the substance into a human body.

• Marginal note:Interpretation

  (3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.

Marginal note:Interpretation

• 3 (1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

• (2) [Repealed, 2017, c. 7, s. 2]