PART VAdministrative Orders for Contraventions of Designated Regulations (continued)
Marginal note:Interim order
35 (1) Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation and the Minister is of the opinion that, as a result of that contravention, there is a substantial risk of immediate danger to the health or safety of any person, the Minister may, without giving prior notice to the person believed to have contravened the designated regulation, make an interim order in respect of the person
(a) prohibiting the person from doing anything that the person would otherwise be permitted to do under their licence, permit or authorization, or
(b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the interim order,
and may, for that purpose, suspend, cancel or amend the licence, permit or authorization issued or granted to the person or take any other measures set out in the regulations.
Marginal note:Interim order
(2) Where the Minister makes an interim order under subsection (1), the Minister shall forthwith
(a) in the prescribed manner, serve the interim order on the person;
(b) in the prescribed manner, serve a notice to appear on the person; and
(c) send a copy of the interim order and the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.
Marginal note:Hearing by adjudicator
36 (1) Where an adjudicator receives from the Minister a copy of a notice to appear under paragraph 34(b) or 35(2)(c), the adjudicator shall conduct a hearing on a date to be fixed by the adjudicator at the request of the person on whom the notice was served, on two days notice being given to the adjudicator, which hearing date may not
(a) in the case of a notice served under paragraph 34(a), be less than thirty days, or more than forty-five days, after the day of service of the notice; or
(b) in the case of a notice served under paragraph 35(2)(b), be less than three days, or more than forty-five days, after the day of service of the notice.
Marginal note:Change of hearing date
(2) Where the adjudicator is unable to conduct a hearing on the date referred to in subsection (1), the adjudicator shall forthwith notify the person and fix, for the purpose of holding the hearing, the earliest possible date to which the adjudicator and the person agree.
Marginal note:Proceedings on default
(3) Where an adjudicator has received a copy of a notice to appear referred to in subsection (1) and where the person on whom the notice is served has not requested a date for a hearing within forty-five days after the notice was served on that person, or where the person, having requested a hearing, fails to appear for the hearing, the adjudicator shall proceed to make a determination in the absence of the person.
Marginal note:Time and place
(4) An adjudicator may, subject to the regulations, determine the time and place of any hearing or other proceeding under this Part.
Marginal note:Notice to appear
37 A notice to appear served on a person under paragraph 34(a) or 35(2)(b) shall
(a) specify the designated regulation that the Minister believes the person has contravened;
(b) state the grounds on which the Minister believes the contravention has occurred;
(c) state that the matter has been referred to an adjudicator for a hearing to be conducted on a date within the applicable period described in paragraph 36(1)(a) or (b); and
(d) set out such other information as is prescribed.
Marginal note:Proof of service
38 Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
Marginal note:Powers of adjudicator
Marginal note:Hearing procedure
40 An adjudicator shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Marginal note:Determination by adjudicator
41 (1) An adjudicator shall, after the conclusion of a hearing referred to in subsection 36(1) or a proceeding referred to in subsection 36(3), within the prescribed time, make a determination that the person who is the subject of the hearing or proceeding contravened or did not contravene the designated regulation.
Marginal note:Notice of determination
(2) Where an adjudicator has made a determination under subsection (1), the adjudicator shall
(a) forthwith notify the person and the Minister of the adjudicator’s determination and the reasons; and
(b) where the adjudicator has determined that the person has contravened the designated regulation, notify the person of the opportunity to make representations to the Minister in writing in accordance with the regulations and within the prescribed time.
Marginal note:Ministerial orders
(3) Where an adjudicator has made a determination referred to in paragraph (2)(b) and the Minister has considered the determination and any representations referred to in that paragraph, the Minister shall forthwith make an order
(a) prohibiting the person from doing anything that they would, if they were in compliance with the designated regulation, be permitted to do, or
(b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the order,
and may, for that purpose, suspend, cancel or amend any licence, permit or authorization issued or granted to the person under the regulations or take any other measures set out in the regulations.
Marginal note:Ministerial orders
(4) An order made under subsection (3) shall be served on the person to whom it is directed in the prescribed manner.
Marginal note:Effect of order
Marginal note:Cessation of effect
(2) An interim order that was made in respect of a person believed to have contravened a designated regulation ceases to have effect
Marginal note:Application to revoke order
(3) A person in respect of whom an order was made under subsection 41(3) may make an application in writing to the Minister in accordance with the regulations to revoke the order.
Marginal note:Revocation of order
(4) The Minister may, in the prescribed circumstances, revoke, in whole or in part, any order made under subsection 41(3).
Marginal note:Offence for contravention of order
43 Every person commits an offence who contravenes an order or an interim order made under this Part.
Marginal note:Designation of analysts
44 The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(o), any person as an analyst for the purposes of this Act and the regulations.
(2) An analyst who has made an analysis or examination under subsection (1) may prepare a certificate or report stating that the analyst has analysed or examined a substance or a sample thereof and setting out the results of the analysis or examination.
- 1996, c. 19, s. 45
- 2017, c. 7, s. 29
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.
- 2017, c. 7, s. 30
- Date modified: