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

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

An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts

SUMMARY

This enactment amends the Controlled Drugs and Substances Act to, among other things,

  • (a) simplify the process of applying for an exemption that would allow certain activities to take place at a supervised consumption site, as well as the process of applying for subsequent exemptions;

  • (b) prohibit the importation of designated devices — unless the importation is registered with the Minister of Health — as well as prescribed activities in relation to designated devices;

  • (c) expand the offence of possession, production, sale or importation of anything knowing that it will be used to produce or traffic in methamphetamine so that it applies to anything that is intended to be used to produce or traffic in any controlled substance;

  • (d) authorize the Minister to temporarily add to a schedule to that Act substances that the Minister has reasonable grounds to believe pose a significant risk to public health or safety, in order to control them;

  • (e) authorize the Minister to require a person who may conduct activities in relation to controlled substances, precursors or designated devices to provide the Minister with information or to take certain measures in respect of such activities;

  • (f) add an administrative monetary penalties scheme;

  • (g) streamline the disposition of seized, found or otherwise acquired controlled substances, precursors and chemical and non-chemical offence-related property;

  • (h) modernize inspection powers; and

  • (i) expand and amend certain regulation-making authorities, including in respect of the collection, use, retention, disclosure and disposal of information.

It makes related amendments to the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to repeal provisions that prevent customs officers from opening mail that weighs 30 grams or less.

It also makes other related amendments to the Criminal Code and the Seized Property Management Act.

Preamble

Whereas Parliament recognizes that the objectives of the Controlled Drugs and Substances Act (“the Act”) are the protection of public health and the maintenance of public safety;

Whereas the Act protects public health by providing mechanisms to regulate or otherwise authorize activities in relation to controlled substances and the precursors that are used to make them in order to allow access for legitimate medical, scientific or industrial purposes;

Whereas harm reduction is an important component of a comprehensive, compassionate and evidence-based drug policy that complements prevention, treatment and enforcement measures;

Whereas the Act maintains public safety by restricting activities in relation to controlled substances and precursors, including possession, trafficking, importing, exporting and production, and by establishing associated criminal offences and penalties;

And whereas the illicit market for controlled substances and precursors is evolving and serious public health and safety concerns have emerged since the Act was enacted;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :

1996, c. 19Controlled Drugs and Substances Act

  •  (1) The definition adjudicator in subsection 2(1) of the Controlled Drugs and Substances Act is repealed.

  • (2) The definition praticien in subsection 2(1) of the French version of the Act is replaced by the following :

    practitioner

    praticien Personne qui est autorisée à exercer dans une province la profession de médecin, de dentiste ou de vétérinaire en vertu des lois de la province et est inscrite sous le régime de ces lois. Y sont assimilées toute autre personne ou catégorie de personnes désignées par règlement. (practitioner)

  • (3) The portion of the definition produce in subsection 2(1) of the Act before paragraph (a) is replaced by the following :

    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

  • (4) The portion of the definition traffic in subsection 2(1) of the Act before paragraph (a) is replaced by the following :

    traffic

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

  • (5) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :

    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)

  • (6) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :

    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)

    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)

Marginal note:1995, c. 22, s. 18 (Sch. IV, item 26)

 Subsection 3(2) of the Act is repealed.

  •  (1) Subsections 5(1) and (2) of the Act are replaced by the following :

    Marginal note:Trafficking in substance
    • 5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.

    • Marginal note:Possession for purpose of trafficking

      (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.

  • Marginal note:2012, c. 1, s. 39(1)

    (2) Clause 5(3)(a)(i)(D) of the French version of the Act is replaced by the following :

    • (D) a, au cours des dix dernières années, été condamnée pour une infraction désignée ou purgé une peine d’emprisonnement relativement à une telle infraction,

  • (3) The portion of paragraph 5(3)(b) of the Act before subparagraph (i) is replaced by the following :

    • (b) if the subject matter of the offence is a substance included in Schedule III or V,

  • Marginal note:2012, c. 1, s. 39(2)

    (4) Subsection 5(5) of the Act is replaced by the following :

    • Marginal note:Interpretation

      (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.

  •  (1) The portion of paragraph 6(3)(b) of the Act before subparagraph (i) is replaced by the following :

    • (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

  • (2) The portion of paragraph 6(3)(c) of the Act before subparagraph (i) is replaced by the following :

    • (c) if the subject matter of the offence is a substance included in Schedule IV,

  •  (1) Subsection 7(1) of the Act is replaced by the following :

    Marginal note:Production of substance
    • 7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

  • Marginal note:2012, c. 1, s. 41(1)

    (2) The portion of paragraph 7(2)(a.1) of the English version of the Act before subparagraph (i) is replaced by the following :

    • (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

  • Marginal note:2012, c. 1, s. 41(1)

    (3) The portion of paragraph 7(2)(b) of the English version of the Act before subparagraph (i) is replaced by the following :

    • (b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

  • (4) The portion of paragraph 7(2)(c) of the Act before subparagraph (i) is replaced by the following :

    • (c) if the subject matter of the offence is a substance included in Schedule III or V,

Marginal note:2011, c. 14, s. 1

 Section 7.1 of the Act is replaced by the following :

Marginal note:Possession, sale, etc., for use in production of or trafficking in substance
  • 7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used

    • (a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or

    • (b) to traffic in a controlled substance.

  • Marginal note:Punishment

    (2) Every person who contravenes subsection (1)

    • (a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and

    • (b) if the subject matter of the offence is a substance included in Schedule IV,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than three years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.

 
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