- (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 )
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 )
means a substance included in Schedule I, II, III, IV or V; ( substance désignée )
has the same meaning as in subsection 2(1) of the Customs Act ; ( bureau de douane )
means a device included in Schedule IX; ( instrument désigné )
- (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 )
means a person who is designated as an inspector under section 30; ( inspecteur )
means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; ( juge )
has the same meaning as in section 2 of the Criminal Code ; ( juge de paix )
means the Minister of Health; ( ministre )
means offence-related property that is not chemical offence-related property; ( bien infractionnel non-chimique )
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 )
has the same meaning as in section 2 of the Criminal Code . ( organisation )
means an individual or an organization. ( personne )
means possession within the meaning of subsection 4(3) of the Criminal Code ; ( possession )
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 )
means a substance included in Schedule VI; ( précurseur )
means prescribed by the regulations; ( Version anglaise seulement )
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 )
means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; ( fournir )
includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; ( vente )
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 )
- (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.
- 1996, c. 8, s. 35, c. 19, s. 2
- 2001, c. 32, s. 47
- 2017, c. 7, s. 1
- 2018, c. 16, s. 194
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]
- 1995, c. 22, s. 18
- 1996, c. 19, s. 3
- 2017, c. 7, s. 2
PART I Offences and Punishment
Particular Offences
Marginal note: Possession of substance
- 4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
- Marginal note: Obtaining substance (2) No person shall seek or obtain
- (a) a substance included in Schedule I, II, III or IV, or
- (b) an authorization to obtain a substance included in Schedule I, II, III or IV
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
- (b) is guilty of an offence punishable on summary conviction and liable
- (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
- (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
- (b) is guilty of an offence punishable on summary conviction and liable
- (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
- (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or
- (b) is guilty of an offence punishable on summary conviction and liable
- (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
- (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
- (a) is guilty of an indictable offence and liable
- (i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,
- (ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,
- (iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
- (iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or
- (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
- (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
- 1996, c. 19, s. 4
- 2018, c. 16, s. 195
Marginal note: Definition of
- 4.1 (1) For the purposes of this section, means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.
- Marginal note: Exemption — medical emergency (2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
- Marginal note: Exemption — persons at the scene (3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.
- Marginal note: Exemption — evidence (4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
- Marginal note: Deeming (5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.
- 2017, c. 4, s. 2
- 2018, c. 16, s. 195.1
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: Punishment (3) Every person who contravenes subsection (1) or (2)
- (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;
- (a.1) [Repealed, 2018, c. 16, s. 196]
- (b) if the subject matter of the offence is a substance included in Schedule III or V,
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
- 1996, c. 19, s. 5
- 2012, c. 1, s. 39
- 2017, c. 7, s. 3
- 2018, c. 16, s. 196
- 2022, c. 15, s. 15
Marginal note: Importing and exporting
- 6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
- Marginal note: Possession for the purpose of exporting (2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
- Marginal note: Punishment (3) Every person who contravenes subsection (1) or (2)
- (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;
- (a.1) [Repealed, 2022, c. 15, s. 16]
- (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
- 1996, c. 19, s. 6
- 2012, c. 1, s. 40
- 2017, c. 7, s. 4
- 2022, c. 15, s. 16
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: Punishment (2) Every person who contravenes subsection (1)
- (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;
- (a.1) [Repealed, 2022, c. 15, s. 17]
- (b) [Repealed, 2018, c. 16, s. 197]
- (c) if the subject matter of the offence is a substance included in Schedule III or V,
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
- (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
- 1996, c. 19, s. 7
- 2012, c. 1, s. 41
- 2017, c. 7, s. 5
- 2018, c. 16, s. 197
- 2022, c. 15, s. 17
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.
- (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
- (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.
- 2011, c. 14, s. 1
- 2017, c. 7, s. 6
8 [Repealed, 2022, c. 15, s. 18]
Report to Parliament
Marginal note: Review
- 9 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
- Marginal note: Report (2) The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends.
- 2012, c. 1, s. 42
Sentencing
Marginal note: Purpose of sentencing
- 10 (1) Without restricting the generality of the Criminal Code , the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.
- Marginal note: Factors to take into consideration (2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
- (a) in relation to the commission of the offence,
- (i) carried, used or threatened to use a weapon,
- (ii) used or threatened to use violence,
- (iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or
- (iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;
- (a) to participate in a drug treatment court program approved by the Attorney General; or
- (b) to attend a treatment program under subsection 720(2) of the Criminal Code .
- 1996, c. 19, s. 10
- 1999, c. 5, s. 49
- 2012, c. 1, s. 43
- 2017, c. 7, s. 7
- 2018, c. 16, s. 198
- 2022, c. 15, s. 19
PART I.1 Evidence-based Diversion Measures
Principles
Marginal note: Declaration of principles
10.1 The following principles apply in this Part:
- (a) problematic substance use should be addressed primarily as a health and social issue;
- (b) interventions should be founded on evidence-based best practices and should aim to protect the health, dignity and human rights of individuals who use drugs and to reduce harm to those individuals, their families and their communities;
- (c) criminal sanctions imposed in respect of the possession of drugs for personal use can increase the stigma associated with drug use and are not consistent with established public health evidence;
- (d) interventions should address the root causes of problematic substance use, including by encouraging measures such as education, treatment, aftercare, rehabilitation and social reintegration; and
- (e) judicial resources are more appropriately used in relation to offences that pose a risk to public safety.
Warnings and Referrals
Marginal note: Warnings and referrals
- 10.2 (1) A peace officer shall, instead of laying an information against an individual alleged to have committed an offence under subsection 4(1), consider whether it would be preferable, having regard to the principles set out in section 10.1, to take no further action, to warn the individual or, with the consent of the individual, to refer the individual to a program or to an agency or other service provider in the community that may assist the individual.
- Marginal note: Subsequent charges not invalidated (2) The failure of a peace officer to consider the options set out in subsection (1) does not invalidate any subsequent charges laid against the individual for the offence.
Marginal note: Prosecution — limits
10.3 A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.1, the prosecutor is of the opinion that the use of a warning or referral under section 10.2, or of as defined in section 716 of the Criminal Code , is not appropriate, and a prosecution is appropriate in the circumstances.
Marginal note: Record of warning or referral
- 10.4 (1) The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the individual warned or referred.
- Marginal note: Access to information (2) Any information contained in the record kept pursuant to subsection (1) may be made available to:
- (a) any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates;
- (b) any peace officer for any purpose related to the administration of the case to which the record relates; or
- (c) any member of a department or agency of a government in Canada, or any agent of that department or agency, that is
- (i) engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code , in respect of that person, or
- (ii) preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates.
Marginal note: Evidence of warning or referral not admissible
10.5 Evidence that an individual has received a warning or referral mentioned in subsection 10.2(1), evidence that a peace officer has taken no further action in respect of an offence under subsection 4(1) and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual.
Marginal note: Conservation of record — conviction
- 10.6 (1) Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day.
- Marginal note: Conservation of record — deeming (2) A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.
- Marginal note: Regulations (3) The Governor in Council may make regulations respecting the use, removal or destruction of records kept separate and apart referred to in subsections (1) and (2).
Exception for Service Providers
Marginal note: Exception
10.7 No social worker, medical professional or other service provider in the community commits an offence under subsection 4(1) if, in the course of their duties, they come into possession of a substance included in Schedule I, II or III and they intend to, within a reasonable period, lawfully dispose of it.
PART II Enforcement
Marginal note: Information for search warrant
- 11 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that
- (a) a controlled substance or precursor in respect of which this Act has been contravened,
- (b) any thing in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,
- (c) offence-related property, or
- (d) any thing that will afford evidence in respect of an offence under this Act or an offence, in whole or in part in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code
is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for any such controlled substance, precursor, property or thing and to seize it.
- (a) any controlled substance or precursor in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;
- (b) any thing that the peace officer believes on reasonable grounds to contain or conceal a controlled substance or precursor referred to in paragraph (a);
- (c) any thing that the peace officer believes on reasonable grounds is offence-related property; or
- (d) any thing that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.
- 1996, c. 19, s. 11
- 2005, c. 44, s. 13
- 2017, c. 7, s. 9
- 2019, c. 25, s. 385
- 2022, c. 17, s. 66
Marginal note: Assistance and use of force
12 For the purpose of exercising any of the powers described in section 11, a peace officer may
- (a) enlist such assistance as the officer deems necessary; and
- (b) use as much force as is necessary in the circumstances.
Marginal note: Report of seizure, finding, etc.
12.1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property shall, within 30 days,
- (a) prepare a report setting out
- (i) the substance, precursor or property,
- (ii) the amount of it that was seized, found or acquired,
- (iii) the place where it was seized, found or acquired,
- (iv) the date on which it was seized, found or acquired,
- (v) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs,
- (vi) the number of the file or police report related to the seizure, finding or acquisition, and
- (vii) any other prescribed information;
- 2017, c. 7, s. 10
PART III Disposition
Marginal note: Sections 489.1 and 490 of the Criminal Code applicable
- 13 (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to any thing seized under this Act.
- Marginal note: Sections 489.1 and 490 of Criminal Code applicable (2) If a thing seized under this Act is non-chemical offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 and subsections 31(6) to (9) of this Act.
- Marginal note: Provisions of this Act applicable (3) If a controlled substance, precursor or chemical offence-related property is seized under this Act, any other Act of Parliament or a power of seizure at common law, the provisions of this Act and the regulations apply in respect of that substance, precursor or property.
- Marginal note: Recognizance (4) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
- (5) and (6) [Repealed, 2017, c. 7, s. 11]
- 1996, c. 19, s. 13
- 2017, c. 7, s. 11
DIVISION 1 Non-chemical Offence-related Property
Restraint Orders
Marginal note: Application for restraint order
- 14 (1) The Attorney General may make an application in accordance with this section for a restraint order in respect of any non-chemical offence-related property.
- Marginal note: Procedure (2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters :
- (a) the offence to which the property relates;
- (b) the person who is believed to be in possession of the property; and
- (c) a description of the property.
- (a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or
- (b) an order of forfeiture of the property is made under subsection 16(1) or 17(2) of this Act or section 490 of the Criminal Code .
- 1996, c. 19, ss. 14, 93.2
- 2001, c. 32, s. 49
- 2017, c. 7, s. 13
14.1 [Repealed, 2017, c. 7, s. 14]
Marginal note: Sections 489.1 and 490 of Criminal Code applicable
- 15 (1) Subject to sections 16 to 22, sections 489.1 and 490 of the Criminal Code apply, with any modifications that the circumstances require, to any property that is the subject of a restraint order made under section 14.
- Marginal note: Recognizance (2) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
- 1996, c. 19, s. 15
- 2017, c. 7, s. 14
Management Orders
Marginal note: Management order
- 15.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 11 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are of the opinion that the circumstances so require,
- (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and
- (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
- (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
- (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
- (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8).
- (a) be given in the manner that the court directs or that may be specified in the rules of the court; and
- (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.
- (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
- (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
- (c) during that period, no one makes such an application.
- 2017, c. 7, s. 14
Forfeiture
Marginal note: Forfeiture of property
- 16 (1) Subject to sections 18 to 19.1, if a person is convicted, or discharged under section 730 of the Criminal Code , of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court shall
- (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and
- (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.
- 1996, c. 19, s. 16
- 2001, c. 32, s. 51
- 2017, c. 7, s. 16
Marginal note: Application for in rem forfeiture
- 17 (1) Where an information has been laid in respect of a designated substance offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).
- Marginal note: Order of forfeiture of property (2) Subject to sections 18 to 19.1, where an application is made to a judge under subsection (1) and the judge is satisfied
- (a) beyond a reasonable doubt that any property is non-chemical offence-related property,
- (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and
- (c) that the accused charged with the designated substance offence has died or absconded,
the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).
- (a) an information has been laid alleging the commission of the offence by the accused,
- (b) a warrant for the arrest of the accused has been issued in relation to that information, and
- (c) reasonable attempts to arrest the accused pursuant to the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,
and the accused shall be deemed to have so absconded on the last day of that six month period.
- (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and
- (b) in any other case, the judge shall order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.
- 1996, c. 19, s. 17
- 2001, c. 32, s. 52
- 2017, c. 7, s. 17
Marginal note: Voidable transfers
18 A court may, before ordering that property be forfeited under subsection 16(1) or 17(2), set aside any conveyance or transfer of the property that occurred after the property was seized or restrained, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.
- 1996, c. 19, s. 18
- 2017, c. 7, s. 18
Marginal note: Notice
- 19 (1) Before making an order under subsection 16(1) or 17(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
- Marginal note: Manner of giving notice (2) A notice shall
- (a) be given in the manner that the court directs or that may be specified in the rules of the court;
- (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and
- (c) set out the designated substance offence charged and a description of the property.
- (a) a person who was charged with a designated substance offence, or
- (b) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property,
is the lawful owner or is lawfully entitled to possession of any property or any part of any property that would otherwise be forfeited pursuant to an order made under subsection 16(1) or 17(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part be returned to that person.
- 1996, c. 19, s. 19
- 2017, c. 7, s. 19
Marginal note: Notice
- 19.1 (1) If all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted, or discharged under section 730 of the Criminal Code , of the indictable offence under this Act in relation to which the property would be forfeited.
- Marginal note: Manner of giving notice (2) A notice shall
- (a) be given in the manner that the court directs or that may be specified in the rules of the court;
- (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and
- (c) set out the offence charged and a description of the property.
- (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and
- (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.
- 2001, c. 32, s. 53
- 2017, c. 7, s. 20
Marginal note: Application
- 20 (1) If any property is forfeited to Her Majesty under an order made under subsection 16(1) or 17(2), any person who claims an interest in the property, other than
- (a) in the case of property forfeited under an order made under subsection 16(1), a person who was convicted, or discharged under section 730 of the Criminal Code , of the designated substance offence in relation to which the property was forfeited,
- (b) in the case of property forfeited pursuant to an order made under subsection 17(2), a person who was charged with the designated substance offence in relation to which the property was forfeited, or
- (c) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,
may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4).
- (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any designated substance offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and
- (b) exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by the person who was permitted by the applicant to obtain possession of the property or from whom the applicant obtained possession or, where the applicant is a mortgagee or lienholder, by the mortgagor or lien-giver,
the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest.
- (a) the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or
- (b) an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.
- 1996, c. 19, s. 20
- 2017, c. 7, s. 21
Marginal note: Appeals from orders under subsection 17(2)
21 Any person who, in their opinion, is aggrieved by an order made under subsection 17(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI of the Criminal Code , and that Part applies, with such modifications as the circumstances require, in respect of such an appeal.
Marginal note: Suspension of order pending appeal
22 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 16(1), 17(2) or 20(4) is suspended pending
- (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or
- (b) any appeal taken from an order of forfeiture or restoration in respect of the property,
and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions.
DIVISION 2 Controlled Substances, Precursors and Chemical Offence-related Property
Marginal note: Return
- 23 (1) A peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property may return it to the person who is its lawful owner or who is lawfully entitled to its possession if the peace officer, inspector or prescribed person is satisfied
- (a) that there is no dispute as to who is the lawful owner or is lawfully entitled to possession of the substance, precursor or property; and
- (b) that the continued detention of the substance, precursor or property is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.
- 1996, c. 19, s. 23
- 2001, c. 32, s. 54
- 2017, c. 7, s. 22
Marginal note: Application for return
- 24 (1) If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.
- Marginal note: Order to return as soon as practicable (2) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property and the Attorney General does not indicate that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned as soon as practicable to the applicant.
- Marginal note: Order to return at specified time (3) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property but the Attorney General indicates that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned to the applicant
- (a) on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to it has been commenced before that time; or
- (b) on the final conclusion of the proceeding or any other proceeding in relation to it, if the applicant is not found guilty in those proceedings of an offence committed in relation to it.
- 1996, c. 19, s. 24
- 2017, c. 7, s. 22
Marginal note: Forfeiture if no application
25 If no application for the return of a controlled substance, precursor or chemical offence-related property has been made under subsection 24(1) within 60 days after the date of the seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
- 1996, c. 19, s. 25
- 2017, c. 7, s. 22
Marginal note: Expedited disposition
26 If a precursor or chemical offence-related property — whose storage or handling poses a risk to health or safety — or a controlled substance, or a portion of any of them, is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion may be disposed of or otherwise dealt with by the Minister, a peace officer or a prescribed person in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
- 1996, c. 19, s. 26
- 2017, c. 7, s. 22
Marginal note: Disposition following proceedings
27 Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court
- (a) shall
- (i) if it is satisfied that the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or
- (ii) if it is satisfied that possession of the substance, precursor or property by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and
- 1996, c. 19, s. 27
- 2017, c. 7, s. 23
Marginal note: Disposition with consent
28 If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the person who is its lawful owner may consent to its disposition, and when that consent is given, it or the portion is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
- 1996, c. 19, s. 28
- 2017, c. 7, s. 24
Marginal note: Report of disposition
- 29 (1) Subject to the regulations, every peace officer, inspector or prescribed person who disposes of or otherwise deals with a controlled substance, precursor or chemical offence-related property under this Division shall, within 30 days, prepare a report setting out the following information and cause the report to be sent to the Minister :
- (a) the substance, precursor or property;
- (b) the amount of it that was disposed of or otherwise dealt with;
- (c) the manner in which it was disposed of or otherwise dealt with;
- (d) the date on which it was disposed of or otherwise dealt with;
- (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;
- (f) the number of the file or police report related to the disposition of it or other dealing with it; and
- (g) any other prescribed information.
- 1996, c. 19, s. 29
- 2017, c. 7, s. 24
PART IV Administration and Compliance
Inspectors
Marginal note: Designation of inspectors
- 30 (1) The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(n), any person as an inspector for the purposes of this Act and the regulations.
- Marginal note: Certificate (2) Every inspector shall be provided with a certificate of designation in a form established by the Minister and, on entering any place under subsection 31(1), shall, on request, produce the certificate to the person in charge of the place.
- 1996, c. 19, s. 30
- 2015, c. 22, s. 2
- 2017, c. 7, s. 25
Marginal note: Powers of inspector
- 31 (1) Subject to subsection (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, referred to in subsection (1.1) and may for that purpose
- (a) open and examine any receptacle or package found in that place in which a controlled substance, precursor or designated device may be found;
- (b) examine any thing found in that place that is used or may be capable of being used for the production, preservation, packaging or storage of a controlled substance or a precursor;
- (c) examine any labels or advertising material or records, books, electronic data or other documents found in that place with respect to any controlled substance, precursor, or designated device other than the records of the medical condition of persons, and make copies thereof or take extracts therefrom;
- (d) use or cause to be used any computer system at that place to examine any electronic data referred to in paragraph (c);
- (e) reproduce any document from any electronic data referred to in paragraph (c) or cause it to be reproduced, in the form of a printout or other output;
- (f) take the labels or advertising material or records, books or other documents referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;
- (g) use or cause to be used any copying equipment at that place to make copies of any document;
- (g.1) take photographs and make recordings and sketches;
- (h) examine any substance found in that place and take, for the purpose of analysis, such samples thereof as are reasonably required;
- (i) seize and detain, in accordance with this Part, any controlled substance, precursor, designated device or conveyance found in that place the seizure and detention of which the inspector believes on reasonable grounds are necessary;
- (j) order the owner or person having possession, care or control of any controlled substance, precursor, designated device or other thing to which the provisions of this Act or the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (k) order the owner or person having possession, care or control of any conveyance that is found in that place and that the inspector believes on reasonable grounds contains a controlled substance, precursor or designated device to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (l) order any person in that place to establish their identity to the inspector’s satisfaction; and
- (m) order a person who, at that place, conducts an activity to which the provisions of this Act or the regulations apply to stop or start the activity.
- (a) a controlled substance, precursor, designated device or document relating to the administration of this Act or the regulations is located;
- (b) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;
- (c) an activity to which the provisions of this Act or the regulations apply is being conducted; or
- (d) an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.
- (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsections (1) and (1.1);
- (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or the regulations; and
- (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.
- 1996, c. 19, s. 31
- 2015, c. 22, s. 3
- 2017, c. 7, s. 26
Marginal note: Obstructing inspector
- 32 (1) No person shall, by act or omission, obstruct an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.
- Marginal note: False statements (2) No person shall knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.
- Marginal note: Interference (3) No person shall, without the authority of an inspector, remove, alter or interfere in any way with anything seized, detained or taken under section 31.
- 1996, c. 19, s. 32
- 2017, c. 7, s. 27
PART V Administrative Orders for Contraventions of Designated Regulations
Marginal note: Designation of regulations
33 The Governor in Council may, by regulation, designate any regulation made under this Act (in this Part referred to as a “designated regulation”) as a regulation the contravention of which shall be dealt with under this Part.
Marginal note: Contravention of designated regulation
34 Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation, the Minister shall
- (a) in the prescribed manner, serve a notice to appear on the person; and
- (b) send a copy of 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: 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.
- (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: 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
39 For the purposes of this Act, an adjudicator has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act .
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.
- (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: Effect of order
- 42 (1) An interim order made under subsection 35(1) and an order made under subsection 41(3) have effect from the time that they are served on the person to whom they are directed.
- 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
- (a) where the Minister makes an order under subsection 41(3), at the time the order is served on the person; and
- (b) where an adjudicator has determined that the person did not contravene the designated regulation, at the time the adjudicator makes the determination.
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.
PART VI General
Analysis
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.
Marginal note: Analysis
- 45 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person.
- Marginal note: Report (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
Ministerial Orders
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
Marginal note: Measures
45.2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.
- 2017, c. 7, s. 30
Marginal note: Review officer
45.3 The Minister may designate any qualified individual or class of qualified individuals as review officers for the purpose of reviewing orders under section 45.4.
- 2017, c. 7, s. 30
Marginal note: Request for review
- 45.4 (1) Subject to any other provision of this section, an order that is made under section 45.1 or 45.2 shall be reviewed on the written request of the person who was ordered to provide information or to take measures — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.
- Marginal note: Contents of and time for making request (2) The request shall state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided.
- Marginal note: No authority to review (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
- Marginal note: Reasons for refusal (4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
- Marginal note: Review initiated by review officer (5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).
- Marginal note: Order in effect (6) An order continues to apply during a review unless the review officer decides otherwise.
- Marginal note: Completion of review (7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.
- Marginal note: Extension of period for review (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
- Marginal note: Reasons for extension (9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
- Marginal note: Decision on completion of review (10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
- Marginal note: Written notice (11) The person who made the request or, if there is no request, the person who was ordered to provide information or to take measures shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
- Marginal note: Effect of amendment (12) An order that is amended is subject to review under this section.
- 2017, c. 7, s. 30
45.5 The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.
- 2017, c. 7, s. 30
Offence and Punishment
Marginal note: Penalty
46 Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation or an order made under section 45.1 or 45.2
- (a) is guilty of an indictable offence and liable to a fine of not more than $5,000,000 or to imprisonment for a term not exceeding three years, or to both; or
- (b) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine of not more than $250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent offence, to a fine of not more than $500,000 or imprisonment for a term of not more than 18 months, or to both.
- 1996, c. 19, s. 46
- 2017, c. 7, s. 33
- 2018, c. 16, s. 200
Prohibitions
Marginal note: Offence of making false or deceptive statements
46.1 No person shall knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any book, record, return or other document however recorded, required to be maintained, made or furnished under this Act or the regulations.
- 2017, c. 7, s. 34
Marginal note: Compliance with terms and conditions
46.2 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.
- 2017, c. 7, s. 34
Marginal note: Importation of designated device
- 46.3 (1) No person shall import into Canada a designated device unless they register the importation with the Minister.
- Marginal note: Information for registration (2) The following information shall be submitted to the Minister for the purpose of registering the importation of a designated device :
- (a) the name of the person importing the designated device or, if the person is a corporation, the corporate name and any other name registered with a province, under which the person carries out its activities or identifies itself;
- (b) the person’s address or, if the person is a corporation, the address of its primary place of business in Canada;
- (c) a description of the designated device, including the model number, serial number, and the brand name or trademark associated with it, if any;
- (d) the address where the designated device will be delivered as well as the street address of the premises where it will be used by the person importing it;
- (e) the name of the customs office where the importation is anticipated; and
- (f) the anticipated date of importation.
- 2017, c. 7, s. 34
Evidence and Procedure
Marginal note: Time limit
- 47 (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulations or in respect of a contravention of an order made under section 45.1 or 45.2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose.
- Marginal note: Venue (2) Proceedings in respect of a contravention of any provision of this Act or the regulations or of an order made under section 45.1 or 45.2 may be held in the place where the offence was committed or where the subject matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.
- 1996, c. 19, s. 47
- 2017, c. 7, s. 37
Marginal note: Burden of proving exception, etc.
- 48 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or the regulations or under section 463, 464 or 465 of the Criminal Code in respect of such an offence.
- Marginal note: Burden of proving exception, etc. (2) In any prosecution under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit or other qualification does not operate in favour of the accused, whether or not the qualification is set out in the information or indictment.
Marginal note: Copies of documents
- 49 (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or pursuant to a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 48(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the person purporting to have certified it.
- Marginal note: Authentication (2) For the purposes of subsection (1), an engraved, lithographed, photocopied, photographed, printed or otherwise electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.
- Marginal note: Evidence inadmissible under this section (3) Nothing in subsection (1) renders admissible in evidence in any legal proceeding such part of any record as is proved to be a record made in the course of an investigation or inquiry.
Marginal note: Certificate issued under regulations
- 50 (1) Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the person purporting to have certified it.
- Marginal note: Certificate issued pursuant to regulations (2) The defence may, with leave of the court, require that the person who issued the certificate or other document
- (a) produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or
- (b) appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.
- 1996, c. 19, s. 50
- 2018, c. 16, s. 201
Marginal note: Certificate or report of analyst
- 51 (1) A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.
- Marginal note: Attendance of analyst (2) The party against whom a certificate or report of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.
- (3) [Repealed, 2017, c. 7, s. 38]
- 1996, c. 19, s. 51
- 2017, c. 7, s. 38
Marginal note: Proof of notice
- 52 (1) For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the oral evidence of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document.
- Marginal note: Proof of notice (2) Notwithstanding subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.
Marginal note: Continuity of possession
- 53 (1) In any proceeding under this Act or the regulations, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or the affidavit or solemn declaration of, the person claiming to have had it in their possession.
- Marginal note: Alternative method of proof (2) Where an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.
Marginal note: Copies of records, books or documents
54 Where any record, book, electronic data or other document is examined or seized under this Act or the regulations, the Minister, or the officer by whom the record, book, electronic data or other document is examined or seized, may make or cause to be made one or more copies thereof, and a copy of any such record, book, electronic data or other document purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, book, electronic data or other document would have had if it had been proved in the ordinary way.
Technical Assistance
Marginal note: Advice of experts
54.1 The Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the approval of the Treasury Board, fix their remuneration.
- 2018, c. 16, s. 202
Regulations and Exemptions
Marginal note: Regulations
- 55 (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, as well as the regulation of designated devices 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 licence or class of licences 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 of those substances;
- (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 substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;
- (d.1) authorizing the Minister to impose terms and conditions on any licence or any permit including existing licences or permits, and to amend those terms and conditions;
- (e) prescribing the fees payable on application for any of the licences or permits;
- (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 records, reports, electronic data or other documents in respect of controlled substances, precursors or designated devices that are required to be kept and provided by any person or class of persons;
- (n) respecting the qualifications for inspectors and their powers, duties and functions in relation to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations;
- (o) respecting the qualifications for analysts and their powers and duties;
- (p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, designated device, offence-related property or conveyance;
- (q) [Repealed, 2017, c. 7, s. 40]
- (r) respecting the taking of samples of substances under paragraph 31(1)(h);
- (s) respecting the collection, use, retention, disclosure and disposal of information;
- (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) authorizing the Minister to add to or delete from, by order, a schedule to Part J of the Food and Drug Regulations any item or portion of an item included in Schedule V;
- (v) prescribing forms for the purposes of this Act or the regulations;
- (w) establishing classes or groups of controlled substances, precursors or designated devices;
- (x) respecting the provision of information under section 45.1;
- (y) respecting the measures referred to in section 45.2;
- (y.1) respecting the review of orders under section 45.4;
- (z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance, precursor, designated device or any class of controlled substances, precursors or designated devices from the application of all or any of the provisions of this Act or the regulations;
- (z.01) respecting the registration of the importation of any designated device or class of designated devices, including the time that proof of registration must be provided; and
- (z.1) prescribing anything that, by this Act, is to be or may be prescribed.
- (a) defining terms for the purposes of that section;
- (b) [Repealed, 2017, c. 7, s. 40]
- (c) respecting any information to be submitted to the Minister and the manner in which it is to be submitted;
- (d) respecting the circumstances in which an exemption may be granted;
- (e) respecting requirements in relation to an application for an exemption made under subsection 56.1(1); and
- (f) respecting terms and conditions in relation to an exemption granted under subsection 56.1(1).
- (a) authorizing, for the purposes of this subsection,
- (i) 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, or
- (ii) the Minister of National Defence to designate military police;
- (a) authorizing, for the purposes of this subsection,
- (i) 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, or
- (ii) the Minister of National Defence to designate military police;
- 1996, c. 19, s. 55
- 2001, c. 32, s. 55
- 2005, c. 10, s. 15
- 2015, c. 22, s. 4
- 2017, c. 7, s. 40
Marginal note: Exemption by Minister
- 56 (1) The Minister may, on any terms and conditions that the Minister considers necessary, exempt from the application of all or any of the provisions of this Act or the regulations any person or class of persons or any controlled substance or precursor or any class of either of them if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.
- Marginal note: Exception (2) The Minister is not authorized under subsection (1) to grant an exemption for a medical purpose that would allow activities in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act to take place at a supervised consumption site.
- 1996, c. 19, s. 56
- 2015, c. 22, s. 5
- 2017, c. 7, s. 41
Marginal note: Exemption for medical purpose — supervised consumption site
- 56.1 (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.
- (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.
- 2015, c. 22, s. 5
- 2017, c. 7, s. 42
56.2 A person who is responsible for the direct supervision, at a supervised consumption site, of the consumption of controlled substances, may offer a person using the site alternative pharmaceutical therapy before that person consumes a controlled substance that is obtained in a manner not authorized under this Act.
- 2017, c. 7, s. 42
Miscellaneous
Marginal note: Powers, duties and functions of Minister or Minister of Public Safety and Emergency Preparedness
57 The Minister’s powers, duties or functions under this Act or the regulations — and those of the Minister of Public Safety and Emergency Preparedness under the regulations — may be exercised or performed by any person designated, or any person occupying a position designated, for that purpose by the relevant Minister.
- 1996, c. 19, s. 57
- 2005, c. 10, s. 16
Marginal note: Paramountcy of this Act and the regulations
58 In the case of any inconsistency or conflict between this Act or the regulations made under it, and the Food and Drugs Act or the regulations made under that Act, this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.
59 [Repealed, 2017, c. 7, s. 44]
Amendments to Schedules
Marginal note: Power to amend schedules
60 The Governor in Council may, by order, amend any of Schedules I to IV, VI and IX by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.
- 1996, c. 19, s. 60
- 2017, c. 7, s. 45
- 2018, c. 16, ss. 203, 206
Marginal note: Schedule V
- 60.1 (1) The Minister may, by order, add to Schedule V any item or portion of an item for a period of up to one year, or extend that period by up to another year, if the Minister has reasonable grounds to believe that it
- (a) poses a significant risk to public health or safety; or
- (b) may pose a risk to public health or safety and
- (i) is being imported into Canada with no legitimate purpose, or
- (ii) is being distributed in Canada with no legitimate purpose.
- 2017, c. 7, s. 45
PART VII Transitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force
Transitional Provisions
Marginal note: References to prior enactments
61 Any reference in a designation by the Minister of Public Safety and Emergency Preparedness under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.
- 1996, c. 19, s. 61
- 2001, c. 32, s. 56
- 2005, c. 10, s. 34
Marginal note: Sentences for prior offences
- 62 (1) Subject to subsection (2), where, before the coming into force of this Act, a person has committed an offence under the Narcotic Control Act or Part III or IV of the Food and Drugs Act but a sentence has not been imposed on the person for that offence, a sentence shall be imposed on the person in accordance with this Act.
- Marginal note: Application of increased punishment (2) Where any penalty, forfeiture or punishment provided by the Narcotic Control Act or section 31 or Part III or IV of the Food and Drugs Act , as those Acts read immediately before the coming into force of sections 4 to 9 of this Act, is varied by this Act, the lesser penalty, forfeiture or punishment applies in respect of any offence that was committed before the coming into force of those sections.
Marginal note: Validation
63 Every authorization issued by the Minister under subsection G.06.001(1) or J.01.033(1) of the Food and Drug Regulations or subsection 68(1) of the Narcotic Control Regulations before the coming into force of sections 81 and 94 of this Act is hereby declared to have been validly issued and every such authorization that is in force on the coming into force of sections 81 and 94 of this Act shall continue in force under this Act until it is revoked, as if it were an exemption made under section 56 of this Act.
Consequential Amendments
64 to 93.1 [Amendments]
Conditional Amendments
93.2 and 93.3 [Amendments]
Repeal
94 [Repeal]
Coming into Force
Marginal note: Coming into force
Footnote * 95 This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.
- (a) in relation to the commission of the offence,