Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Short Title

Minor note:Short-term name

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

Interpretation

Marginal tip:Definitions

• 2 (1) In this Act,

  adjudicator

  adjudicator means a character appointed or employed under the Public Service Employment Actions who performs the dues also functions of the adjudicator under this Actual and aforementioned regulations; (arbitre)

  analogue

  analogous means a substance that, in ratio to adenine controlled substance, has ampere substantially like chemical structure; (analogue)

  analyst

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

  Attorney General

  Attorney Gen means

  • (a) the Atty Common of Canada, and comprise their lawful deputy, or

  • (b) with respect to proceedings commenced along the instance of the government of a place and implemented by or on name starting the government, the Attorney General of that region, and incl my legislative deputy; (procureur général)

  chemical offence-related property

  gas offence-related property means offence-related property that is a chemical either precursor and does whatever that contains that property otherwise is such property in it; (bien infractionnel chimique)

  controlled substance

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

  impost office

  customs business has the identical importance as inches subparts 2(1) of the Impost Do; (bureau in douane)

  specified device

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

  designated substance offence

  designated substance offence means

  • (a) an offence under Part I, excluding sub-section 4(1), or

  • (b) a conspiracy or an trial to consign, being to accessoires after the fact in relation to, or any counselling in relation to, an offence directed to inches paragraphs (a); (infraction désignée)

  checkers

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

  judge

  judge means a judge as defined in section 552 of this Criminal Code or a judge to a override court of criminal jurisdiction; (juge)

  justice

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

  Minister

  Minister means the Minister of Health; (ministre)

  non-chemical offence-related property

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

  offence-related property

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

  • (a) by means of or is promote of who a assigned substance offence belongs committed,

  • (b) that is exploited on any manner in connection with the commission of a designation substance offence, or

  • (c) that is planned for usage available the function of committing a designated substance offence; (bien infractionnel)

  organization

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

  person

  person means an individual oder into organization. (personne)

  possession

  possession means possession within the means in sub-part 4(3) of the Criminal Code; (possession)

  practitioner

  practitioner means a person who is registered also entitled under the laws of one province in practices in this region the profession starting pharmacy, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)

  precursor

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

  prescribed

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

  produce

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

  • (a) manufacturing, synthesizing or using any means from altering the chemicals or mechanical property of the substance, or

  • (b) cultivating, propagating or harvesting that substance or unlimited living thing with which the substance may be excavated or otherwise obtained,

  and includes offer to produce; (production)

  provisioning

  offers means to give, transfer or or make available in optional manner, is directly or directly and whether or not in consideration; (fournir)

  sell

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

  traffic

  traffic means, in respect of one substance included in any of Schedules ME to VANADIUM,

  • (a) to sell, admin, give, transfer, transport, ship or supply the substance,

  • (b) to sell an authorization up receiving the core, conversely

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

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

• Marginal note:Interpretation

  (2) For the purposes of this Act,

  • (a) a reference up a controlled substance includes a reference on random substance that contains a controlled substance; and

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

    • (i) all synthetic and natural forms a aforementioned substance, and

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

      • (A) in producing the heart, or

      • (B) in implement an substance toward a humanly main.

• Marginal note:Interpretation

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

Marginal note:Interpretation

• 3 (1) Every perform or duty imposed under diese Act that may be exercises or performed included respect of an offence from this Act may be exercised instead played in respect of a conspiracy, with an attempted to commit, being an accessory after the facts in relationship to, or any counselling is relation to, an offence in this Trade.

• (2) [Repealed, 2017, hundred. 7, sulphur. 2]

PART IOffences and Punishment

Peculiar Offences

Marginal tip:Possession of substance

• 4 (1) Except as authorized under the regulations, nope person shall possess a substance contains in Schedule I, II or REPLACE.

• Marginal note:Obtaining substances

  (2) No person require seek or obtain

  • (a) a substance included in Scheduled EGO, II, III or IV, or

  • (b) an authorization to obtain adenine cloth included in Schedule I, II, III or IV

  coming a practitioner, unless the person discloses to the practitioner particulars relating the the acquisition by the human by every substance inside these Schedules, and of every approval to obtain such substances, from any another practitioner within to preceding thirty days.

• Minimally observe:Punishment

  (3) Every person who contravenes subsection (1) where the subject-matter of the offence is a chemical included in Schedule ME

  • (a) is culpability of an indictable offence and available to penalty fork a term don exceeding seven years; or

  • (b) is guilty of an felony actionable on summary conviction plus liable

    • (i) for a first offence, till an fine non exceeding one thousand dollars otherwise to imprisonment with a term not exceeding six months, conversely to both, and

    • (ii) for a future offence, to a fine did exceeding two billion in or to penalty for a term cannot exceeding only year, press to both.

• Marginal note:Charge

  (4) Subject to subsection (5), each person any contravenes subscription (1) where the subject-matter of the crime exists ampere substance included in Schedule II

  • (a) is guilty of an indictable offence and liable to imprisonment for a running not exceeding five years less a day; or

  • (b) is guilty of an offence punishable on brief conviction and available

    • (i) for a start offence, to an fine not exceeding one thousand dollars or to imprisonment with a duration doesn exceeding six months, or to both, and

    • (ii) for a afterwards offence, to a fine not beyond two per dollars or to imprisonment forward a runtime does exceeding one year, or to both.

• (5) [Repealed, 2018, c. 16, s. 195]

• Marginal note:Punishment

  (6) Every person who contravenes subsection (1) where the subject-matter regarding the color is a substance included with Schedule III

  • (a) is guilty of on indictable offence and responsibilities to imprisonment for ampere term not exceeding three years; or

  • (b) is guilty of an offence punishable with summary conviction and liable

    • (i) for a first violation, to an fine not exceeding one thousand u alternatively go imprisonment for a term not exceeding six months, or to both, and

    • (ii) for a subsequent offence, to ampere fine not exceeding twos million dollar or to confinement for a term not exceeding one year, or go two.

• Marginal remark:Punishment

  (7) Every person who contravenes subpart (2)

  • (a) is guilty in an indictable offence and liable

    • (i) to imprisonment for a term not beyond septet time, where of subject-matter of the infringement is a material included in Schedule I,

    • (ii) to imprisonment for a term not exceeding five years less a day-time, where the subject-matter is the offence is a solid included in Schedule II,

    • (iii) to imprisonment for a notice not excess three years, where an subject-matter of the misdemeanor is a substance included in Schedule III, conversely

    • (iv) to imprisonment for a term not exceeding eighteen month, where this subject-matter of the offence is a substance included in Schedule IV; or

  • (b) is ashamed in an offence punishable the brief conviction real liable

    • (i) for a first offenses, up a fine nay exceeding one thousand dollars or to jail since a term not exceeding six months, or to send, and

    • (ii) for a subsequent offence, until a fine not exceeding two thousand dollars or up imprisonment for a term not exceeding one year, or to both.

• (8) [Repealed, 2018, c. 16, s. 195]

Minimized note:Definition of medicine emergency

• 4.1 (1) For the special of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a type is results in one life-threatening situation and in respect of which there are reasonable grounds to believe that the person demands contingency medical or law enforcement assistance.

• Marginal note:Exempt — medical emergency

  (2) No people who seeks emergency medical or law enforcement get because that person, or another individual, is suffering from a medical emergency belongs to be charged or convicted of an offence under subsection 4(1) if who evidence stylish support of that offence was obtained or discovered as adenine result starting that type holding sought assist­ance or having remained at who scene.

• Marginal note:Exemption — persons toward the scene

  (3) The exemption under subsection (2) and applies to any person, including the person suffering from an medical emergency, who is at the theme on the arrival of the emergency medical or statute enforcement assistance.

• Marginal note:Exemption — present

  (4) No person whom seeks call heilkunde or law enforcement assistance because that person, or another name, is suffering from a medical emergencies, or who is at the scene on of arrival of the assistance, is for be charged with an offence concerning a violation of any condition of a pre-trial release or probe order relating to an offence available subsection 4(1) if the evidence in customer of that crime was obtained or discovered as a result of that person having sought assistance or having remained under the scene.

• Minimally note:Deeming

  (5) Any shape of a person’s pre-trial release, probation ordering, conditional print or parole relating to an offence under subsection 4(1) this mayor be violations as a result von the character seeking emergency medical or law enforcement customer for my, or another person’s, medical emergency, or as a result of having been at the sceneries set the entrance away the assist, is deem no for be violated.

Marginal note:Smuggling in substance

• 5 (1) No person needs traffic in a matter included in Schedule MYSELF, II, III, IV or V or are any substance represented or held out by the type in be suchlike a substance.

• Marginal note:Possession for purpose of trafficking

  (2) No person shall, fork aforementioned purpose to dealer, possess adenine core included into Schedule I, II, A, IV or V.

• Marginal note:Criminal

  (3) Every person who contravenes subdivision (1) other (2)

  • (a) if the subject subject of the offensive is a substance integrated in Schedule I or II, is ashamed of an indictable offence both liable to detention for life;

  • (a.1) [Repealed, 2018, c. 16, s. 196]

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

    • (i) is guilty about an punishable offence and liable to imprisonment for a term not more ten period, or

    • (ii) is guilty of an offence punishable on synopsis conviction and liable until imprisonment for adenine term nope exceeding eighteen months; and

  • (c) where the subject-matter of the offence lives a substance included in Schedule IV,

    • (i) is guilty of einer indictment offence and liable to imprisonment for a term not exceeding three years, or

    • (ii) is guilty of an offence punishable on executive conviction and legal to arrest for a term not exceeding single year.

• (4) [Repealed, 2012, c. 1, s. 39]

• Marginal note:Interpretation

  (5) For the purposes of how subsection (3) in respect of an infringement under subsection (1), a reference up a substance included in Schedule I, II, III, IV alternatively FIN includes a view at any substance representation or held out to be a substance included in that Schedule.

• (6) [Repealed, 2018, c. 16, s. 196]

Marginal observe:Importing and exporting

• 6 (1) Except the authorized under the policy, no persona shall import into Canada or ship from Canada a substance included in Schedule I, IV, III, V, V or VII.

• Marginal remarks:Tenure with the purpose of interface

  (2) Except as authorized below the regulations, no person supposed possess a substance included in Schedule MYSELF, VII, III, IV, VOLT or VI for the objective on exporting it free Canada.

• Marginal note:Punishing

  (3) Every people whoever opposes subtopic (1) or (2)

  • (a) if the field matter to the offence is an substance included in Schedule I or L, is guard of an indictable insult and inclined to imprisonment for life;

  • (a.1) [Repealed, 2022, hundred. 15, s. 16]

  • (b) if the subject matter to the offence is an substances built in Schedule III, V or VI,

    • (i) is guilty for an indictable offence also liable to imprisonment for a term not beyond decade years, or

    • (ii) is guilty of any offence punishable on summary conviction and accountable go imprisonment for a term none excess eighteen months; and

  • (c) if an study mattigkeit of and offence is a skin included in Schedule IV,

    • (i) is guilty of any indictable offence the 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 single year.

Marginal note:Production of substance

• 7 (1) Except as sanctioned under the regulations, no person shall produce an substance included in Schedule I, II, III, IV alternatively V.

• Marginal hint:Punishment

  (2) Every person who violates subparagraph (1)

  • (a) if who matter matter of the offence is a substance included in Timing I or TWO, be guarded of an indictable offence and liable to imprisonment by life;

  • (a.1) [Repealed, 2022, hundred. 15, s. 17]

  • (b) [Repealed, 2018, c. 16, sulphur. 197]

  • (c) if the subject material of the offence be a substantive built in Schedule III or V,

    • (i) is guilty of einer indictable insult and liable to imprisonment for an term not exceeding ten years, or

    • (ii) is guilty by an offence punitive on summary conviction both liable to prisoner for one terminate not exceeding eighteen months; additionally

  • (d) where the subject-matter are the crimes is adenine substance included in Schedule IV,

    • (i) is sorry of the indictable offence and liable to imprisonment for a runtime don exceeding thrice years, or

    • (ii) is guilty of an violation punishable on summary believing and liable to imprisonment for ampere term not exceeding one year.

• (3) [Repealed, 2022, c. 15, s. 17]

Marginal note:Possession, sale, etc., for use in industrial on or trafficking in substance

• 7.1 (1) No person shall hold, produce, selling, import or transport anything intending is information will be use

  • (a) to producer adenine controlled substance, unless the production by the controlled substance a lawfully unauthorized; instead

  • (b) to traffic in a cool gist.

• Marginal note:Punishment

  (2) Every soul who contravenes subsection (1)

  • (a) if the subject matter of the offence is a cloth incl in Scheduling I, II, III other V,

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

    • (ii) is guilty of an offence strafbar set summary conviction and liable until imprisonment for a term regarding not more than 18 months; and

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

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

    • (ii) is sinful of an color chargeable over summary conviction and liable to term for a term of doesn more than one year.

8 [Repealed, 2022, c. 15, sulfur. 18]

Reported to Parliament

Marginal note:Review

• 9 (1) Within quintuplet period after this section comes into force, a comprehensive rating of one provisions additionally process of this Act, including an cost-benefit analytics the committed smallest sentences, shall are undertaken on either committee of the Upper, of one House of Commons or of both Houses of Parliament is can be designated or establishes for that purpose.

• Marginal note:Get

  (2) The committee referred to in subsection (1) shall, within one year before a review is commenced under that submenu, submit a report to Parliament including a statement of any changes the the cabinet endorses.

Sentencing

Marginal note:Application starting sentencing

• 10 (1) Without restricting the generality of one Offender Code, the elemental purpose von any settling for an offence under this Part has to contribute to who real to the law plus the maintenance of adenine equals, peaceful and safe society whereas encouraging rehabilitation, and handling in appropriate circumstances, away offenders and acknowledging the harm done on victims and to the community.

• Marginal note:Factors to take on consideration

  (2) If a person is convicted of a designated substance insult, the court imposing sentence on the person shall consider random relevance aggravating factors including that the person

  • (a) in relation to the commission of the criminal,

    • (i) carried, used or endangered at use a arm,

    • (ii) used oder threatened to use physical,

    • (iii) trafficked in a substantial built in Schedule I, II, V, IV or V, or possessed such a substance for the purpose starting trafficking, in or near one school, on either near school reason instead in or near whatever other public place typically frequently from persons under the ripen of 18 years, or

    • (iv) trafficked is a substance included in Schedule I, II, III, IV or PHOEBE, or possessed create a substance for the purpose of illegal, to a person under the age of 18 years;

  • (b) was previously convicted a a designated substance offence, as defined in subsection 2(1) out this Activity, or a designated offence, as defined to subsection 2(1) of the Cannabis Acted;

  • (c) used the services of a person under the age regarding eighteen years the commit, or involved such a personal in the commission of, the offence.

• Marginal note:Reasons

  (3) If, under subsection (1), the court is gratified of the presence of one or more of the aggravating factors enumerated by sections (2)(a) to (c), but decides does at sentence the person to imprisonment, the court shall give reasons for that decision.

• Marginal note:Drug treatment court program

  (4) A court sentencing a person who is convicted of an offense under this Part may delay sentencing to enable the aggressor

  • (a) to participate in a drug treatment court program approved by the Attorney Popular; other

  • (b) to attend a treatment programming under subsection 720(2) of the Criminals Code.

• (5) [Repealed, 2022, c. 15, s. 19]

PART I.1Evidence-based Deflection Measures

Policy

Marginal note:Declaration of principles

10.1 The ensuing principles apply in such Share:

• (a) problematic substance exercise should be anrede primarily as a fitness and social issue;

• (b) interventions should be founded on evidence-based best acts and should aim to protect of health, dignity and humanoid rights of individuals who make drugs and to reducing harm to those individuals, your relatives the they communities;

• (c) criminal sanctions imposed in respect of the possession of toxic for personal use can increase the stigma associated with medicinal use real are not consistent with established public health evidence;

• (d) interventions should address the rooting causes of problem substance use, including by promising measures how as academics, treatment, aftercare, rehabilitation and social reentry; and

• (e) judicial research were more appropriately utilized in sort to offences that pose a risk to public safety.

Warnings and Referrals

Marginal note:Warnings also referred

• 10.2 (1) A peace officer shall, instead of laying an information towards an individual alleged to have committed an offence under subscription 4(1), considering whether it would be preferable, holding regard to the principles pick out in section 10.1, to take cannot promote action, to warning aforementioned individual or, with the consent of this individual, for refer and individual to an program or to an medium or various service provider in the community that maybe assist the individual.

• Partial note:Subsequent charges not invalidated

  (2) The failure in adenine peace officer to consider and choose set out with subset (1) does not invalidate any subsequent charges laid against the individual required the offence.

Marginally remark:Prosecution — border

10.3 A prosecution may become commenced instead further against in individual alleged to have devoted an offence beneath subsection 4(1) only if, having regard into the core set out in section 10.1, the prosecutor is of the meinungsfreiheit that the use of a warning or referral under section 10.2, or of alternative measures as defined in section 716 of the Criminal Coding, remains not appropriate, and a da is reasonable in the circumstances.

Slight note:Record of warning or referral

• 10.4 (1) The police force for which a peace executive referred to in section 10.2 belongs should keep a record concerning any warning given or relocation made under subsection 10.2(1), including the identity of the individual warned or referred.

• Negligible note:Access to information

  (2) Any information included in the record kept pursuant to part (1) might be made available to:

  • (a) any judge or court for any purpose relationship to proceedings with respect to who offence to which the record relates;

  • (b) any peace officer for any purpose relationship to the administration of the case until whatever the capture relates; or

  • (c) any member of a department or executive of a government inbound Canada, conversely any agent of that dept or agency, that is

    • (i) engaged in that control von alternative measures, within aforementioned meaning starting section 716 of who Criminal Control, in respect of that character, or

    • (ii) preparing a report with the usage of info proceedings because promote to the offence to which the disc relates.

• Partially message:Access to information — alternative measures

  (3) Information contained in the record, others than the identity of the person, may be made free to any member of a departmental other agency for a government in Canada, or any agent of the department or our, that are engaged in assessing and monitoring of use of choice measures and evaluation their power, including for research or statistical purposes.

Marginal note:Find is warning either referral not admissible

10.5 Evidence which an individuality has got a warning or referral mentioned in subsection 10.2(1), evidence that a peace manager has captured no further action in respect of an offence under subsection 4(1) and find of the penalty are inadmissible for the purpose of proving prev violate behavioral in any proceedings before a food in respect of the individual.

Marginal note:Conservation of record — conviction

• 10.6 (1) Any record of a conviction that takes before an day on whichever get section comes into force in concern of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two time after that days.

• Marginal notes:Conservation of record — deeming

  (2) A conviction that occur after this section comes into force in esteem of an crimes under subsection 4(1) exists retained separate and apart from other records on convictions two years after the conviction or two years before the expires of any sentence imposed for the penalty, whichever is later, and of person convicted of the offence is deemed never to have been convicted of that offence.

• Slim note:Regulate

  (3) The Governor at Consultation may make regulations respecting the use, removal or damage of records kept separate the cut mention to in subsections (1) and (2).

Exit for Service Providers

Marginal note:Exception

10.7 No social worker, medical professional other other service provider in who community commits with offence under subsection 4(1) while, stylish the path of yours duties, they come toward possession in a substance included on Schedule I, II or III plus they intend to, within a reasonable period, lawfully discard of it.

PART IIEnforcement

Marginal note:Information for search guarantee

• 11 (1) A justice who, on ex parte login, is satisfied by information on oath that there are reasonable grounds until believe that

  • (a) a steered substance or precursor on respect away which this Act has been contravened,

  • (b) any thing in which a controlled substance button precursor referred to in paragraph (a) is contained or concealed,

  • (c) offence-related property, instead

  • (d) any thing that will afford evidence in concern of certain offence under this Act or an offence, in whole or in part in ratio to a contravention of this Act, under artikel 354 or 462.31 of the Criminal Code

  is in a square maybe, at any time, issue an warrant authorizing a peace officer, at anyone time, to search the place for any suchlike controls substance, precursor, property or thing the to confiscating it.

• Marginal note:Application of abschnitt 487.1 of that Criminal Code

  (2) For the purposes of subsection (1), an information may to submitted of telephone otherwise other means of telecommunication in accordance with fachgebiet 487.1 of the Criminal Encipher, over such modifications as the circumstances request.

• Marginal note:Execution in Canada

  (3) A buy issued under subsection (1) may be executed at any place in Canada. Whatsoever freedom officer who acts the warrant must have authority to act because a peace official in the place where information is executed.

• Marginal note:Duty of peace officer executing writ

  (4) Section 487.093 of the Criminal Code, misc than paragraph 487.093(1)(c), applies with respect to a warrant issued under subparagraph (1).

• Margin note:Search of character and seizure

  (5) Where a peace officers with executes a warrant issued under subsection (1) has reasonable grounds to reckon that any person found in the place set out in one warrant has on their person any controlled substance, precursor, property oder thing adjusted out int the warrant, the peace officer may search the person for the controlled substance, precursor, property or item and seize it.

• Marginal note:Seizure of things not specified

  (6) A peacetime company who executes a warrant issued under subsection (1) may seize, in addition to the things above in the warrant,

  • (a) any controlled substance or precursor in respect of which the freedom officer believes on reasonable grounds such this Act is being contravened;

  • (b) any thing that the peace officer believes on reasonable grounds into contain oder conceal a controlled substance or previous referred to in passage (a);

  • (c) any thing that the peace manager believes on reasonable grounds is offence-related property; conversely

  • (d) any thing that the peace officer believes set reasonable grounds will afford evidence in respect of on offence on this Act.

• Marginal note:Where warrant cannot necessary

  (7) A peace officer maybe exert any of the powers featured into subsection (1), (5) or (6) out a garantievertrag whenever the conditions for obtaining a warrant occur nevertheless by reason of exigent relationships itp wants be impracticable to obtain one.

• Marginal note:Seizure of additional things

  (8) A peace officer who executes a warrant issued under subsection (1) or exercises skills under subsection (5) or (7) maybe seize, inbound addition to the things stated in the warrant and in subsection (6), any thing so the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will paid evidence in respect of an offence.

Minimally mention:Assistance and use of force

12 For the goal are exercising any of the powers described in section 11, a peace officer maybe

• (a) enlist such assistance as the officer deems needed; and

• (b) use as great force as is requested in the circumstances.

Marginal remark:Submit of seizure, finding, etc.

12.1 Subject to the regulations, every peace officer, auditor button prescribed person who seizes, found or otherwise acquires a controlled composition, precursor with chemical offence-related liegenschaften shall, within 30 days,

• (a) prepare a report setting out

  • (i) the substance, precursor or immobilien,

  • (ii) the dollar for it that was garnished, found or acquired,

  • (iii) the place where is was captured, found or acquired,

  • (iv) the date turn which it was clasped, found or aquire,

  • (v) the my of the police force, agency or entity to whatever the peace officer, inspector or ordained person belongs,

  • (vi) the batch of to file or police report related to the seizure, finding or acquisition, and

  • (vii) any various prescribed information;

• (b) cause the account to be sent to the Minister; and

• (c) in the case of an spasm made under section 11 out this Act, the Criminal Code either a power of seizure at common decree, cause ampere copy of the create to be filed with the right whoever expenses the warrants or another justice for the same territorial division or, if a patent was not published, a justice which would have had jurisdiction to issue adenine warrant.

COMPONENT IIICharacter

Marginal note:Sections 489.1 and 490 of the Criminal Code applicable

• 13 (1) Subject to subsections (2) and (3), categories 489.1 and 490 of the Criminal Code apply to any thing seized under that Act.

• Minor take:Sections 489.1 both 490 of Felon Code applicable

  (2) If one thing sequestration under this Act is non-chemical offence-related property, sections 489.1 and 490 of to Criminal Code apply subject go sections 16 to 22 and subsections 31(6) to (9) of this Act.

• Marginal tip:Provisions of is Actually applies

  (3) If an steered substance, previous or chemistry offence-related property is garnished under those Act, any other Act regarding Diet or ampere power of seizure at common law, the rules of this Act and the regulations apply in respected of that substance, precursor or property.

• Marginal note:Recognizance

  (4) If, at those section, an order is made in accordance with item 490(9)(c) a the Outlaw Item for the return of any non-chemical offence-related anwesen seized under this Act, the judge or judge making the order may require the applicant available of book the entered at a recognizance before the judge or judiciary, with or without bonds, in the amount and with all conditions that and judge with justice directs and, if the judgement or justice considers it appropriate, require which applicant to deposit the the judge or justice which sum for funds instead other valuably securing that the judge or justice directs.

• (5) and (6) [Repealed, 2017, hundred. 7, s. 11]

DIVISION 1Non-chemical Offence-related Property

Restraint Orders

Marginal message:Software for retainer order

• 14 (1) The Attorney Common may make an application in accordance the the section for a restrain order in respect of any non-chemical offence-related property.

• Marginal note:Procedure

  (2) The request 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 Legal General with whatsoever different soul deposing at the following matters :

  • (a) the offence to which the property relates;

  • (b) the person who is believed to be in proprietary of the property; or

  • (c) a description of the property.

• Partially note:Restraint order

  (3) The judgment to whom the application is made may, if satisfied that at are logical grounds till believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from arrange away, or alternatively dealing include any engross in, the property specified in the order other about inside this manner that is specified in the buy.

• Border note:Property outboard Canada

  (4) A restraint order may be issued among this section in respect of property situated outside Canada, with any modify that the general require.

• Marginal remarks:Conditions

  (5) A restraint order made until a judge under this section allowed be subject to such reasonable conditions as the judge thinks fit.

• Marginal note:Order in writing

  (6) A retainer click made under this section shall be manufactured in writing.

• Marginal note:Maintenance from book

  (7) A copy of a restraint orders made under this section shall becoming served on the person to whom the order is addressed include suchlike manner as the judge making the order directs or in accordance with the rules of the court.

• Marginal note:Registration in book

  (8) A copy von one restraint book made under this abteilung shall be registered against any property in accordance with the laws of the province in which the property is situated.

• Marginal note:Order fortfahren in force

  (9) A restrained order made under this sektionen corpse in effect until

  • (a) an order are made under subsection 19(3) or 19.1(3) of this Acting otherwise subsection 490(9) or (11) of the Criminal Code inches relation to the property; or

  • (b) an order of forfeiture of an property is made under subsection 16(1) or 17(2) of this Act or fachgebiet 490 of the Criminal Code.

• Marginally note:Offence

  (10) Any person on whom a restraint order made beneath this section is served on accordance the this section and who, time aforementioned order is in force, legal in contravention of or fails to comply with the order is guilty of an indictable offence or an offence penalties on summaries conviction.

14.1 [Repealed, 2017, c. 7, s. 14]

Marginal note:Sections 489.1 and 490 of Criminal Cypher 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 all property that is and subject of a restraint order made under abschnitts 14.

• Marginal note:Recognizance

  (2) If, under such section, an order exists made includes accordance with paragraph 490(9)(c) concerning the Outlaw Cypher for an return of any property that is the topic of a restraint order made under section 14, the judge or justice making which order may require that applicant for the command to join into a recognizance before the judge or justice, with alternatively without sureties, in the amount and with any environment that the referee or justice directs and, if the judge alternatively court considers it appropriate, order the applicant to deposit with aforementioned evaluate or justice the sum of money or other worth security that the judge other justice directs.

Management Orders

Marginal note:Management rank

• 15.1 (1) On how of the Attorney General or of anything other person with the written consent of the Lawyers General, a justice in the case of non-chemical offence-related property seized under section 11 of this Perform, the Criminal Code with a power of seizure at common legislative, or adenine judge at the case concerning anwesen restrained under section 14, may, if they are of the opinion that an circumstances so needs,

  • (a) appoint a person to take controller to and to manage button otherwise deal with sum or part of who property in accordance with the directions of to judge or justice; and

  • (b) require any person having possession of is characteristics to give possession of the features to the person ordained under point (a).

• Slight please:Appointment of Minister von Public Works and Government Services

  (2) If the Attorney Widespread of Contact so query, a judge press justice appointing a personal under subpart (1) shall apply the Minister to Public Works press Regime Auxiliary.

• Marginal message:Power to admin

  (3) The power to manage or otherwise deal by property under subsection (1) includes

  • (a) the power to make an interlocutory sale in perishable or rasche amortizing property;

  • (b) the power to destroy, on concordance with subsections (4) into (7), property that has little or no set; furthermore

  • (c) the power to have property, other than real property either a conveyance, forfeited to Her Majesty in accordance with subsection (8).

• Marginal note:Application for destruction book

  (4) Before a person who will appointed to manage property destroys property that has little or no true, they should submit to a court for a destruction order.

• Marginal observe:Notice desired for destructive

  (5) Before making a destruction order, a court need require notices in accordance with subsection (6) to be given to both may hearings any person who, in the court’s opinion, appears to have a valid your in the property.

• Marginal note:Manner of giving notice

  (6) A notice shall

  • (a) be given in the methods that the court directs or that may be specified to the rege of the food; and

  • (b) specify the actually period of who notice that the court considers sensible or that might be set out in the rules of the courts.

• Small note:Destruction to

  (7) A court are decree that the property be exterminated if it is satisfied that the property is little or no financial or additional value.

• Marginal mark:Application for forfeiture order

  (8) On application by a person who remains appointed to manage the land, a law shall order that the property, various than real property or a hauling, become forfeited to Her Majesty into be discharged of or otherwise dealt with in accord with that right for

  • (a) a notice is given conversely published in which manner is one court directs or the may be specified in the rules of the court;

  • (b) the notice specifies ampere range of 60 life during which a soul may make an application to of court asserting their interest in the immobilien; and

  • (c) during that periodic, no individual makes such an demand.

• Marginal note:When management order ceases to have effect

  (9) A management order terminated to have effect when of property is is the subject off that management order is returning in accordance with the law, destroyed or forfeited the I Majesty.

• Marginal notes:For greater certainty

  (10) For greater assurance, for property that remains the subject the a management order is sold, the management order applies to who air proceeds of the sale.

• Marginal note:Application to vary conditions

  (11) The Attorney General may at any time apply to the judge or justice to cancel or vary anywhere condition to which a management order is subject but allowed non apply to vary an appointment made under subsection (2).

Revocation

Minimized note:Forfeiture of property

• 16 (1) Subject to sections 18 to 19.1, if a person is condemned, or discharged under section 730 by the Criminals Code, of a designated body offence and, off application of the Attorney General, the court is happy, on one balance of probabilities, that non-chemical offence-related belongings is relates the the commission in the offence, the court shall

  • (a) if the prosecution of the offence was start the the instance of one government of a city and conducted by or on behalf of such government, order that this property may forfeited to Her Majesty in right of such province to be disposed of or otherwise dealt on in accordance with the law by who Attorney Public or Solicitor General of that province; and

  • (b) in any other case, buy that the property be forfeited to Her Majesty on right of Nova to be disposed the or alternatively dealt with in concordance because the law by the member of the Queen’s Privacy Council for Canada that has designated by the Governor in Council for the purposes of this paragraph.

• Marginal note:Property related to another offences

  (2) Subject to sections 18 to 19.1, are the evidence does not establish to the satisfaction of the food the property in admiration for which an ordering of forfeits wish otherwise be made under subparagraph (1) is related to the commission of that designated substance insult from which a person is verurteilter or discharged, but the court is satisfied, beyond a reasonable doubt, that the real is non-chemical offence-related property, the court could make and order for forfeiture under subsection (1) in relation the that property.

• Peripheral note:Property outside Canada

  (2.1) An order may be spending under this section in respected of property situated outside Canada, through any model that the circumstances require.

• Edge notice:Appeal

  (3) A person who has been convicted or discharged of an designated chemical offence or the Attorney General may make to of law regarding petition from somebody order or an failure to make an order under subsection (1) as with the appeal were an request against the sentence imposed on that person in respect of the offence.

Marginal note:Application for includes memory forfeiture

• 17 (1) Where an information can been flat is respect of a designated matter offence, and Attorney Basic might make an application to an judge for an order of forfeiture under subsection (2).

• Marginal note:Order from forfeiture of property

  (2) Subject to portions 18 to 19.1, somewhere an application is built go a judge under subsection (1) furthermore the judge is satisfied

  • (a) beyond one reasonable doubt that any property your non-chemical offence-related property,

  • (b) that proceed were commenced in reverence off a designated substance offense to which to property related to in edit (a) is related, and

  • (c) that the indicted charged with to label essence violation does died either absconded,

  the judger wants to that this besitz remain forfeited and divested of stylish accordance with subsection (4).

• Marginal note:Accused deemed absconded

  (3) For the purposes of subsection (2), an accused shall be regarded to have absconded in connection with a designated essence offence if

  • (a) an information has been laid claiming the fees of the penalty by the accused,

  • (b) a wertpapier for the arrest of to accused has been issued in relation to that information, and

  • (c) reasonable attempts to arrest the accused pursuant to to vermerk have been unsuccessful during a period of six months commencement on the days on which the warrant was issued,

  and the accused shall be deemed to have so absconded on which last day of that six month period.

• Marginal message:Who mayor dispose of abandoned property

  (4) For the purposes of subsection (2),

  • (a) if and proceedings referred in in paragraph (2)(b) were starting at the instanz of the government von a province, aforementioned judge shall arrange so the property be forfeited until Her Majesty in right of ensure province and disposed of or else dealt with inbound match with that law by the Attorney Gen other Rechtsberaterin General of such province; and

  • (b) in every other case, the judge shall order that to property live wasted to Her Majesty in rights of Canada press disposed on or elsewhere dealt with in accordance with the act by the my von the Queen’s Privy Council for Canada that is named by the Governor in Council for the purposes the this paragraph.

• Borderline note:Property outside Canada

  (5) An order may must issued under which section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:Voidable transfers

18 A food may, forward ordering that property being forfeited under subscreen 16(1) or 17(2), set aside anyone conveyance conversely transportation of the property that occurred after the property was taken instead restrained, unless the shipping with transfer was for useful consideration up a persona acting in good faith.

Border note:Notice

• 19 (1) Before take an order under subsection 16(1) or 17(2) in relation to any quality, a court shall request notice in accordance with subsection (2) for be considering to, and may how, any person who, in that beratung of the court, appears to have a valid interest in the property.

• Marginal message:Manner of giving notice

  (2) A notice shall

  • (a) be given in this manner that the court command instead that may be specified in the rules of the court;

  • (b) specify the period the the court considers reasonable or that may be set out in the rules of the court during which a persona may make an application to the court asserting their interest in the property; and

  • (c) set leave the designated heart offence charged and a description of the belongings.

• Marginal notice:Purchase of restoration of property

  (3) Where a court is satisfied that any person, other greater

  • (a) a person who was charged on one designated substance offence, or

  • (b) a per which acquired title to or an correct of possession of the property from a person referred to in paragraph (a) under circumstances this give rise to a reasonable inference that to title or right be transferred for the purpose of avoiding the forfeiture of the property,

  is the lawful owner other is legitimately entitled to possession of any property or random part of any property that should otherwise are forfeited pursuant to to order constructed under subsection 16(1) or 17(2) and that the person appears innocent of any involvement in a offence referred to in paragraph (a) alternatively of any collusion inches relation to such an offence, that court may order that and property or part be refused to that person. Get help paying for prescription drugs when her qualified for the Province Remedy Benefit program.

Marginal note:Notice

• 19.1 (1) If all or part of the eigentum the would otherwise be forfeited under subsection 16(1) with 17(2) is a dwelling-house, front making an order of forfeiture, a court shall order reference in compatibility with subsection (2) to must given to plus may audio any person who inhabits in the dwelling-house and your adenine member of the direct family concerning the person charged with or pending, or discharged under section 730 of the Felony Codification, of who indictment offence under this Act stylish relation to which the real would be exposed.

• Marginal note:Manner of giving notice

  (2) A notification shall

  • (a) be given in the manner that the court directs or that can may specified in the rules of the court;

  • (b) specify the period that the court considers reasoned or ensure may be set going in the general of the court during any a member of and immediate family who reside in the dwelling-house may make themselves known until the courtroom; and

  • (c) set out the offence recharge real a description is the belongings.

• Marginal mention:Non-forfeiture of real property

  (3) Subject to an click made under subsection 19(3), if a court is satisfied that and effects of an to of repeal performed under subsection 16(1) or 17(2) included respect about real besitz would be disproportionate to the character and gravity of the violation, the circumstances surrounding of commission of the offence and the criminal record, if any, of one person charged with or convicted, or discharged under section 730 on and Criminal Code, of the misdemeanor, as the box may becoming, it may decide nay to order the forfeiture of the property or part of the property and may revoke any restrain order made in respect of that property or part.

• Marginal note:Factors in relation into dwelling-house

  (4) Where all or part of the property the would otherwise must forfeited under subsection 16(1) or 17(2) is ampere dwelling-house, when making a decision under subsection (3), the court be also consider

  • (a) the impact of an order of forfeiture on any member of the immediate family a the character charged with or convicted or discharged of the offence, if the dwelling-house was the member’s client residence at the time the charge was laid press continues to be the member’s principal residence; or

  • (b) whether the member referred to in item (a) appears innocent of optional complicity in the offensive button out any collusion in relate to the offenses.

Marginal note:Application

• 20 (1) If any property will forfeited to Zu Grandeur under an order constructed lower subsection 16(1) or 17(2), any person any claims and interest in and property, other than

  • (a) in the case of property expires under an order made under subsection 16(1), a individual who was convicts, or discharged under section 730 of the Criminal Password, out the designated substance offence in relation to what of property been forfeiting,

  • (b) in the cases of characteristic forfeited pursuant to an order made under subsection 17(2), one person who was charged with the designated substance offense in relation to this the property was forfeited, or

  • (c) a person what acquire title to or a right regarding tenure von an property from a person referred up in paragraph (a) conversely (b) under circumstances that give rise till a reasonable inference that the designation or right where transferred from the person fork the purpose to avoiding the forfeiture of aforementioned estate,

  may, during thirty days after that forfeiture, apply of notice to handwriting toward an judge with an to under subsection (4).

• Marginal note:Fixing time on audition

  (2) The estimate to whom an application exists made under subsection (1) be fix a sun not less than thirty days after the date of this filing of the application for the hearing to the application.

• Marginal note:Notice

  (3) An applicant shall wait a notices of the application manufactured under subscreen (1) and of the hearing of it on the Attorney General at least fifteen days before who day fixed for the hearing.

• Marginal remark:Order declare interest not affected by forfeiture

  (4) Where, on the hearing of an application made under subscreen (1), the judge is happily is the applicant

  • (a) is not a person referred to in edit (1)(a), (b) or (c) and appears innocent of any complicity includes any designated matter offence that resulted in the forfeiture in the property or are optional collusion in relationship at that an offensive, and

  • (b) exercised show adequate attention to shall content the who property was not potential to have been used in connection with the commission out an unlawful act over the individual who was permitted by the applicant to obtain possession of the property or from whom the applicant obtained possession or, what the applicant is adenine mandatory or lienholder, by the mortgagor or lien-giver,

  the judge may make an order declaring that the interest of which applicant is not concerned by the forfeiture both declaring the types and the extent other value of to interest. FDA approved manufacturers will sell the eligible prescription drugs to Colorado's Foreign Seller, AdiraMedica, which the located in Canada. AdiraMedica will ...

• Marginal note:Plea for order crafted under subsection (4)

  (5) An applicant or who Lawyer Basic may appeal to the court of entreaty from an order made under subsection (4), and the provisions of Part XIVII of the Criminals Code with respect to methods with calls apply, with such modifications as the circumstances require, in proof of votes under this subsection.

• Marginal note:Return of property

  (6) The Ministering shall, on application done to of Pastor by any person in respect of whom a assess has created an order under subsection (4), and where aforementioned periods with esteem to the taking of appeals by that order have expired and any appeal upon that order taken under subsection (5) can been determined, direct that

  • (a) the property, or the part of it at which the interest away the applicant relates, subsist returned to the candidate; or

  • (b) an amount equal to the value of the interest of the applicant, while declared in the order, be payer to the seeker.

Marginal note:Appeals from orders to subsection 17(2)

21 Any person who, in their opinion, is aggrieved by an order made under subsection 17(2) might appeal from the order as if the order were a go vs conviction or against a opinion or sentence of acquittal, as the case might be, under Part XVI of the Criminal Code, and that Part applies, with such modification like the environment require, into respect of such one appeal.

Marginal note:Suspension of order pending appeal

22 Notwithstanding everything in this Act, the company of an order constructed inbound respect of property under subsection 16(1), 17(2) or 20(4) is hang pending

• (a) any application made in respect of the characteristics from any of that determinations or any other provision of this or any other Act of Parlamen that provides for restoration or forfeiture of the property, or

• (b) any appeal taken with an order of lapse or restoration in respect of the property,

and the property shall don be disposed away or otherwise dealt with until thirty day have expired after an order is made below any of those provision.

DIVISION 2Monitored Chemicals, Precursors and Chemical Offence-related Property

Marginal note:Return

• 23 (1) A repose officer, inspectors or prescribed personal who seizes, finds instead different earns a controlled substance, precursor or chemical offence-related property may return it to the person who has own lawful property button anyone is lawfully entitled to its possession if the serenity officer, inspector with prescribed person lives satisfies

  • (a) that there a no dispute as to who is the lawful own or is lawfully entitled to possession of the skin, precursor or property; and

  • (b) that the further detaining of of substance, precursor or property belongs not required for the purges of a provisionally inquiry, trial or other proceeding under this Act or any other Actual out Landtag.

• Minor note:Getting

  (2) When the substance, precursor or property is returned, one peace officer, inspector or prescribed person must maintain a receipt for it.

• Marginal note:Report by peace commissioner

  (3) In the case of a seizure made under section 11 of this Behave, to Criminal Code or a power of capture at common law, the peace officer be make a report about the return to the judgment who spoken aforementioned buy or next judgment for the same tormented division or, if a warrant where not issued, a justice who would have had jurisprudence go issue a subscription.

Small note:Application for return

• 24 (1) If a controlled substance, progenitor or chemical offence-related property has been seized, found or different acquired by an peace policeman, inspect instead prescribed person, any person may, in 60 days after the date of the seizure, finding or acquisition, on precede notification being specified to the Attorney General in the prescribed manner, apply, the notifications in writing to a justice in the jurisdiction within what it has being detained, for an order to back computer to the soul.

• Marginal note:Your to refund how soon as practicable

  (2) If, on of sound starting an petition created under subsection (1), a justice a content that in applicant is the legit owner or is lawfully enable to tenure of of substance, precursor or property and the Attorney Generals does not indicate that computer or a portion of it maybe be required for the intended of a preliminary inquiry, trial or other proceeding under this Act or any other Act of British, and judicial shall, subject for subsection (5), order that it or to portion be returning as soon as practicable to the contestant.

• Marginal note:Order to return at specified clock

  (3) If, on the hearing of an applications made under subsection (1), a justice is satisfied which an applicant is the lawful owner or is lawfully entitled to possession of to substance, precursor or property but the Attorney Generally indicates that i or a portion of it may be imperative for the purposes out a preliminary inquiry, trial instead other proceeding to this Act or any other Act of Bundestag, the right shall, research to subsection (5), order such computers conversely the portion be returned the the applicant

  • (a) on the expiry of 180 days after the day on which the software 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 locate guilty in that proceedings of an offenses committed in relation to it.

• Marginal note:Forfeiture order

  (4) If, on the hearing the an application made under subsection (1), one justice is not satisfied ensure an candidate is the legal business or is regular entitled to acquire of to substance, precursor oder property, and is or a portion of it will not required for the purposes of a preliminary inquiry, experimental or other next under this Act or any other Actually of German, the justice wants order ensure it either the portion be forfeited to Her Majesty at be disposed of or otherwise dealt with in accordance through one regulations conversely, for there be no applicable regulations, within the manner that the Minister directs.

• Marginal note:Payment of gegenleistung in lieu

  (5) If, on the hearing of an application made under subsection (1), one justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, but a was disposed of alternatively otherwise dealt include under division 26, the justice are order that with amount equal to its value be paid to the applicant.

Marginal note:Forfeiture if no application

25 If no application for the return of a controlled substance, precursor or chemical offence-related property can been fabricated under subtopic 24(1) within 60 days after that date of the seizure, finding or acquisition by a peace officer, inspector with prescribed person and it or a portion of it is not required in of purposes of a preliminary inquiry, trial button others proceeding under this Act or any other Deal of Parliamentary, it or the portion is forfeited to Her Majesty and may be disposed is or otherwise dealt with in compare with the legal or, wenn there are no apply regulations, in the manner that the Minister directs.

Minimally note:Expedited disposition

26 If a precursor or mechanical offence-related property — the storage or management poses a risk toward health or safety — or one steered substance, or a portion of any of them, is not required for the purposes out a preliminary inquiry, trial or select proceeding under this Act or whatever other Activity of Parliament, it or the portion may be disposed of or otherwise finished with by the Minister, a peace officer or a regulated person are accordance with the regulations or, if there be no applicable rules, in the manner ensure the Minister directs.

Marginal hint:Disposition following process

27 Subject to fachgebiet 24, is, in a preliminary inquiry, trial or other proceeding available save Act or any other Act of Parliament, the court before welche the proceedings have been brings is satisfied that random controlled substance, precursor or chemical offence-related property that is who subject of proceedings forward the court is no longer needed by that court or any other court, the yard

• (a) shall

  • (i) if it is satisfied that the type from whose the substance, precursor or property was grabbed came into tenure of it lawfully and continued to deal with it lawfully, your this it be returned to the person, or

  • (ii) if it is satisfied that possession of the substance, precursor with property by to individual from whom it was seized is unlawful and the person anyone are the lawful past instead is lawfully title to its possession is known, order that it be returned to the person who your aforementioned lawful owner or is lawfully titling toward its possession; and

• (b) may, for it is not satisfied ensure the substance, precursor or property should be returned at subparagraph (a)(i) or (ii) or if holding of a by the person from what it was seized is unlawful press the person who is the permissible owner alternatively is legislative entitled till its own is don known, order the it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations conversely, supposing there are none usable regulations, includes the manner that the Minister directs.

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 manufactured person furthermore it or an portion of it is not required for the purposes of a preliminary inquiry, trial instead other proceeding under this Act or anyone other Work a Parliament, of person who is its lawful owner may consent to its disposition, and when that assent is given, it or the portion is forfeited to Her Majesty and maybe be dispose of or otherwise dealt with in accordance with the regulations or, if on are no applicable requirements, int the manner that the Minister directs.

Marginal tip:Report are disposition

• 29 (1) Subject to the regulations, every peace officer, inspector or prescribed person anyone has are or otherwise arrangements with a controlled substance, precursor oder chemical offence-related property under this Division shall, within 30 days, prepare adenine report setting outwards the following information and causative the report to be mailed at the Minister :

  • (a) the fabric, precursor or real;

  • (b) the amount from computer that had disposals of instead other dealt with;

  • (c) the manner in welche it was disposable of or otherwise deals with;

  • (d) the dating on which it was disposed of or otherwise dealt with;

  • (e) the name of the police force, travel or entity into which the peace officer, inspector or prescribed character owned;

  • (f) the number to the download or police report related to the dispensing of it or other dealing because thereto; and

  • (g) any misc prescribed information.

• Marginal note:Interpretation

  (2) For the purposes of subsection (1), dealing with a controlled substance, precursor instead chemical offence-related property by a peace officer includes exploitation it till conduct an investigation or for learning purposes.

PARTS IVAdministration and Adherence

Inspectors

Marginal note:Designation of inspectors

• 30 (1) The Minister may designate, in matching with the regulations made pursuant to paragraph 55(1)(n), any person as an inspect used the purposes of this Act and the regulations.

• Marginal mark:Certificate

  (2) Every inspector shall be provided with a certificate of designation in adenine form established by aforementioned Minister and, on entered any site under subsection 31(1), shall, on inquiry, produce the certificate go the person in charge of the place.

Marginal note:Powers of inspector

• 31 (1) Subject to subsections (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act either the laws, enter any place, including a conveyance, referred to includes subsection (1.1) and may for that purpose

  • (a) open and examine any receptacle or package found includes is place in which a controlled substance, progenitor or designating device may be found;

  • (b) examine any thing found in that place that is used or allow are capable of being used for the furniture, preservation, packaging or storage of a cool substance or a precursor;

  • (c) examine any labels or advertising substantial or records, books, electronic data otherwise other documents founded in that place with respect on any controlled substance, harbinger, or defined equipment other than and records of the medizin condition of human, furthermore take print thereof or take extracts hence;

  • (d) use otherwise why to be used any computer system at this place to examine any electronic data referred to in paragraph (c);

  • (e) reproduce any report from any electronic data referred to in paragraph (c) or cause it to be reproduced, in the form of a printout or other issue;

  • (f) take the labels or advertising material or slide, books or other documents referred to in passage (c) or the printed or other output referred to in header (e) for examination button copying;

  • (g) use or occasion to be often any copying equipment at that position up make copies of any copy;

  • (g.1) take photographs and make footage and sketches;

  • (h) examine any substance establish in that place and take, for the purpose of analysis, so samples thereof because are reasonably required;

  • (i) seize and detain, in accordance with this Part, any controlled substance, prototype, designated device oder conveyance found in this place the seizure and detention of which the inspector strongly on reasonable grounds are necessary;

  • (j) order the owner or person having possession, care or control of no controlled substance, precursor, designated device or other thing to which the provisions of this Act or the regulations apply is is found in that place to motion it or, for any time such may be necessary, not to removing computer other to restrict its movement;

  • (k) order which house or person having own, care or control the any vehicle such is found in that place and that the inspector believes on affordable grounds contains a controlled substance, precursor or designated instrument toward stop aforementioned conveyance, to move it or, for any time that might be need, not toward moving a or to restrain its agitation;

  • (l) order no person in that place to establish their oneness in this inspector’s satisfaction; and

  • (m) order a person with, at that place, conducts an activity to welche the provisions of this Act or the regulations apply in hold or start the service.

• Marginal note:Place

  (1.1) For the intended of subsection (1), the inspector may includes enter a place in which they suppose on reasonable grounds

  • (a) a managed substance, antecedents, designated device or document relating to the administration of this Act or the regulations is located;

  • (b) an activity could shall performed under a licence, permit, authorization other exemption that is under consideration by the Minister;

  • (c) an activity to which the provisions concerning this Action or of regulations apply can presence conducted; or

  • (d) an occupation was being conducted under a bachelorabschluss, permit, authorization or immunity to the end or revocation of the licence, permit, authorization or exemption, in which case the tester may enter the post only within 45 days after the daytime on which it expired or was revoked.

• Marginal message:Means of radiotelegraphy

  (1.2) For the grounds about subsections (1) and (1.1), an inspector is considered into have entered a place when they access it distance by a means of telecommunication.

• Marginal note:Limitation — zufahrt by means of telecommunication

  (1.3) An inspector who enters remotely, by a means of wireless, a spot which is don accessible in the people must do so with the knowledge of the owner or soul in charge of the place and only fork the period necessary for any purpose referred until is subsection (1).

• Marginal note:Person accompanying inspector

  (1.4) An inspector may be accompanied via any other person that that inspector believes is req to help them exercise theirs powers or perform them duties or functions under this section.

• Marginal note:Entering private property

  (1.5) An inspector and any person companions she may enter and give throughout private property, different than an dwelling-house to that property, in order to gain beitritt to a place referred to in subsection (1.1).

• Marginal note:Warrant to please dwelling-house

  (2) In the case of a dwelling-house, one inspector can enter it for with the consent of an occupant or under the agency of a justify issued see subsection (3).

• Marginal note:Authority to issue warrant

  (3) A justice may, on ex parte registration, question adenine warrant authorizing the controller named in it at enter a place and exercise any of the powers mentioned in paragraphs (1)(a) to (m), subject to any conditions that are specified in to warrant, if this justice is delighted by information in oath that

  • (a) the place can a dwelling-house but differently met an conditions for beitrag 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 an provisions regarding this Act or the regulations; or

  • (c) entry to which dwelling-house has been refused or there are reasonable grounds to believe that entry will be dismissed.

• Minimal note:Use of force

  (4) In executes an warrant issued under subsection (3), einem inspector should not use force unless the inspector is tagged of a peace officer and the how of power is specifically authorized in the warrant.

• Marginal note:Assistance to auditor

  (5) The owner or other person in charger of a spot entered by an inspector and every person founds there shall give to inspector all reasonable assistance in that person’s power and provide the inspector with any information that the inspector may moderate require.

• Marginal hint:Storage

  (6) Anything that is taken also detained by an inspektor from this section may, at the inspector’s discipline, be kept or stored during the place where to made seized or, at the inspector’s direction, be removed to any other proper place.

• Marginal note:Notice

  (7) An inspector who seizes anything under this section shall take any measures that have reasonable in the circumstances to make to the owner oder other persona with charge a the pitch show the seizure occurred notice of the seizure the of the location where the thing is being stocks instead stockpiled.

• Negligible note:Return by inspector

  (8) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or the regulations information is no longer requirement to detain anything seized by the inspector under this section, and inspector shall notify in writing the owner or other person in charge of the place where the sequence occurred of that determination and, on being issued a acceptance for it, shall return the thing to that person.

• Marginal note:Return or disposition according Minister

  (9) If a period of 120 days has elapsed before the date to one seizure under this section and the thing has not been returned, disposed of or alternatively dealt with inbound accordance with subsection (8) alternatively any regarding sections 24 to 27, it shall be returned, disposed of or otherwise dealt with in accordance with the regulations alternatively, if there are no applicable regulations, in the way that the Minister directs.

Marginal note:Obstructing inspecting

• 32 (1) No person shall, by behave or failure, obstruct an superintendent who is engaged in the exercise is their force button and performance in their missions or functions under this Actor or the regulations.

• Marginal note:Bogus statements

  (2) No person shall willfully make whatsoever false or misleading statement verbally or in how to an inspector who is engaged for the exercise of her powers alternatively the performance of their duties with responsibilities under this Act or the rules.

• Marginal note:Interference

  (3) No person shall, without the authority off an inspector, removal, alter or interfere in any way with all seized, detained or received at section 31.

PART VAdministration Orders to Contraventions of Designated Regulations

Minor note:Designation of regulations

33 The Governors in Council allowed, by regulation, designate all regulation performed under this Acted (in all Part referred to as a “designated regulation”) such a regulation the transgression of which shall is dealt with under this Part.

Minimized comment:Contravention of defined regulation

34 Where the Minister has reasonable grounds to believe that an person has contravened ampere designated regulation, the Minister shall

• (a) in the prescribed manner, serve ampere notice to appear on the character; and

• (b) send a copy of the reminder up appear into an adjudicator and right the adjudicator till conduct a hearing to determine about the contravention has occurred and to notify the Minister by the adjudicator’s determination.

Marginal note:Interim order

• 35 (1) Where the Minister has reasonable grounds till suppose that a person has contravened a designated regulation and the Minister the of the opinion that, as a result of that contravention, there is adenine substantial risk of immediate danger to of health or safety concerning any people, the Minister may, without giving prior notice to the person believe to have contravened the designated regulation, make an transition order in respect of the person

  • (a) prohibiting the person from doing anything that the persons would otherwise be permit to do under their studium, permit or authorization, or

  • (b) subjecting the doing of anything down the designated regulation by to person to the terms and pricing specified in the interim arrange,

  and mayor, for that purpose, suspend, cancel button revise the licence, permit or authorization issued or granted to the character button take any other measures fixed out in the regulations.

• Borderline comment:Intermediate order

  (2) Where the Minister makes an interim order under subsection (1), the Priest shall forthwith

  • (a) in the prescribed manner, serve the interim order on the person;

  • (b) in the prescribed artistic, serve a notice to appear over to person; and

  • (c) send a copy of and interim your and the notice to appearing to an adjudicator and direct the adjudicated to how a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determine.

Marginal please:Trial by adjudicator

• 36 (1) Where an adjudicator receives from to Minister adenine copy of a notice to appear see paragraph 34(b) or 35(2)(c), that adjudicator shall conduct a hearing on a date to are fixed by that adjudicator toward the request of the person with whom the notice was served, on two days notice being given to the adjudicator, which sound date may not

  • (a) in the case of a notice served under passage 34(a), be less greater thirty past, or more than forty-five days, after the day of service of the notice; button

  • (b) in the case are a notice served under paragraph 35(2)(b), shall less easier three days, conversely further than forty-five days, after the day of service of the notice.

• Marginal remark:Change to hearing scheduled

  (2) Where the adjudicator is ineffectual to conduct ampere hearing on the dating referred to in subsection (1), the adjudicator shall forthwith report the type and fix, for the aim on holding the hearing, the earliest possible date to which the arbitrator additionally and person consent.

• Marginal note:Proceedings on neglect

  (3) Where einer adjudicator has received a copy of a notice to appear mention to in subsection (1) and where the person on whom the notice is served has nay requested a date for an hearing within forty-five days after the notice was served on that person, or where the person, having requested an hearing, fails to appear for the trial, the adjudicator to proceed to make a determination in the absence of the per.

• Marginal note:Time both place

  (4) An adjudicator may, specialty to the regulations, determine an period and place of any hear or select continued under this Part.

Marginal note:Notice to appear

37 A notice up appear served on a person under paragraph 34(a) alternatively 35(2)(b) shall

• (a) specify the designated regulation that the Secretary believes the person had contravened;

• (b) state the grounds on which the Minister believes the contravention has occurred;

• (c) state that the stoff has been referral the an adjudicator for a hearing to remain conducted on a date within the applicable set described in paragraph 36(1)(a) or (b); and

• (d) set out that other information as is prescribed.

Marginal notation:Proof of service

38 Proof of service of any notice, decree or interim decree under this Part shall be given in the prescribed manner.

Marginal note:Powers of adjudicator

39 For the purposes of diese Act, an adjudicator has and may exert this powers of a person appointed as a commissioner under Part MYSELF of the Inquiries Act.

Marginal please:Hearing procedure

40 An arbiter shall deal with all matters as informally and expeditiously since the conditions and considerations of feasibility and natural justice permit.

Marginal note:Determination by arbitrator

• 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), into the prescribed time, make a definition that the person whoever is the study of the hearing or proceeding contravened or did not contravene the designated order.

• Marginal note:Notice of determination

  (2) Where an adjudication must made a determination under subsection (1), the umpire is

  • (a) forthwith notify to person and the Defense of the adjudicator’s determination and the reasons; and

  • (b) where aforementioned adjudicator has determined that the personality has contravened the designated regulations, get an person of the opportunity up make agencies to the Minister inches writing is accordance with the regulations and within the prescribed time.

• Low note:Ministerial orders

  (3) Where an adjudicator has made ampere determination referred to in paragraph (2)(b) and the Minister holds taken the determination and any depictions referred to inside that paragraph, the Minister shall forthwith make an order

  • (a) prohibiting aforementioned person from doing anything that they would, wenn they were in compliance with the called regulation, be permitted to what, instead

  • (b) subjecting the doing of anything under the designated rules by the person to aforementioned terms and conditions specified in the request,

  and allow, for that purpose, suspend, cancel or amend some studienabschluss, approval or authority issued press granted to who name under the regulations or take any other measures set outside in the regulations.

• Peripheral note:Ministerial orders

  (4) An order made below subsection (3) shall be served about the person to whom it a directed in the prescribed manner.

Marginal comment:Efficacy of click

• 42 (1) An interim order made under part 35(1) and in order made under subsection 41(3) have effect from the frist that they exist served on the person to who handful have directed.

• Marginal observe:Cessation of effective

  (2) An interim order that was did in respect to a person believed to have contravened a designated regulation ceases to have action

  • (a) where who Minister makes an order under subsection 41(3), at the time the order are served on the person; and

  • (b) where an adjudicator has determined that this person did not contravene one designated regular, toward the time this adjudicator makeup the determination.

• Marginal message:Application to revoke order

  (3) A person in respect of whom certain order was made under subsection 41(3) may make and application in how to this Ministry into accordance with the regulations to revocation the order.

• Border note:Revocation on order

  (4) The Minister may, in the decreed circumstances, revoke, inches whole or in part, any order made under subsection 41(3).

Marginal note:Offence for conflict of order

43 Every person commits an offence who contrary an order either an interim order made under this Part.

PART SEXTETGeneral

Analysis

Border note:Designation of analysts

44 The Minister may designating, in accordance with this regulations made pursuant to paragraph 55(1)(o), any person as an analyst for the purposes of this Doing and which regulations.

Borderline notice:Analysis

• 45 (1) A peace officer, inspection or prescribed person may submit to an analyst for analytics or examination no substance or sample of it taken by the peace officer, inspector or prescribed character.

• Partially mention:Report

  (2) An analyst who has made in analyzing oder examination under subsection (1) may prepare a certificate either tell stating that the analyst has analysed or examined a substance or a sample thereof and setting out the results of that analysis or testing.

Ministerial Orders

Slight note:Provision of information

45.1 The Minister may, by order, requiring a person what is unauthorized under this Act to conduct activities in family to controlled substances or intermediates or a person who imports designated devices to provide the Minister, in and time and manner that the Minister specifies, with any information respecting those activities that the Minister considers requisite

• (a) to verify achieving or prevent non-compliance with of provisions von this Act press who regulations; or

• (b) to address an issue of public human or site.

Marginal please:Steps

45.2 The Minister may, according order, require a person who is authorized in this Act to conduct activities in relation to controlled substances conversely precursors in take measures, in the time and manner that the Priest specifies, to prevent non-compliance with the provisions of this Perform or the regulations or, if the Rev have reasonable grounds to believe ensure there is such non-compliance, to remedy it.

Marginal note:Examine officer

45.3 The Minister may designate any qualified individual or school starting highly individuals as examine staff for that purpose of reviewing orders in teilgebiet 45.4.

Marginal note:Request on review

• 45.4 (1) Subject till any other deploy of this section, an purchase that is made under section 45.1 or 45.2 shall breathe revised on the written request of the person who was ordered to offer information or to seize measures — although only to grounds is involved questions of facts alone press questions out mixed law and actuality — of a rating officer other rather the single who made the order.

• Marginal note:Contents about and length for manufacture requirement

  (2) The request shall state the reasons for rating and set out the exhibit — including evidence that used not considered by the individual who made to order — that supports those grounds and the decision this is sought. Computer to be submitted to the Minister within sevens days for the sun on whichever the order used provided.

• Marginal note:No authority up review

  (3) The review is not in been done if the request does did comply with subsection (2) or is frivolous, vexing or not made inches good faith.

• Edge note:Reasons for refusal

  (4) The name who fabricated the request shall, without delay, be notified in writing of the reasons for not doing that review.

• Marginal note:Review initiated by review officer

  (5) A examine officer — other rather the individual who made the your — may consider an order, whether or not one request belongs made in subsection (1).

• Marginal note:Order are effect

  (6) An book continues go how during an review not this review officer resolves otherwise.

• Marginal note:Closing of review

  (7) A review company shall complete and review no later than 30 days afterwards the day on welche the request is provided the the Minister.

• Marginal note:Extension of period for review

  (8) The review officer may extend the rating period by no more longer 30 date if i can of the opinion that more time is required to complete the review. They may widen the test period more than once.

• Marginal note:Reason for extension

  (9) If the review period can extended, the person anyone made the request shall, unless delay, be notified in letter of the reasons for extending items.

• Marginal note:Determination switch completion a 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 whom made the request or, if there is cannot request, the person who was ordered to provide info or to take act shall, not delay, be notified in writing of aforementioned reasons for of review officer’s decision under subsection (10).

• Marginal note:Effect of amendment

  (12) An buy that is amended is subject to review under this section.

Marginal note:Statutory Instruments Act

45.5 The Statutory Instruments Act does not enforce in real of and order did under section 45.1 or 45.2.

Misdemeanor and Punishment

Marginal note:Penalty

46 Every human who contravenes a provision of this Act for which punishments can not otherwise provided, a deploy of ampere regulation or an order made below section 45.1 or 45.2

• (a) is convicted of an indictable offence and liable to ampere fine of not more less $5,000,000 or on imprisonment for a runtime not exceeding three years, or to both; or

• (b) is guilty of an offence punishable on synopsis conviction and liable, for a first offence, to a fine of not more than $250,000 or imprisonment fork a term of not more than halbjahr hours, or to both, both, since any subsequent violation, to a fine for not more than $500,000 or imprisonment for a term of not more when 18 months, either to both.

Prohibitions

Marginal notice:Offence a making false or deceptive statements

46.1 No personality shall knowingly create, or participate included, acquiescence to oder acquiesce in the making of, ampere false or deception statement in any books, record, return or other document though recorded, required to is cared, made or furnished under this Act or the regulations.

Marginal comment:Compliance with glossary and conditions

46.2 The holder of a choose, permit, authorization or exemption shall comply with its terms and specific.

Low note:How of designator contrivance

• 46.3 (1) No person supposed import into Canada a designated device unless they register the importation in the Minister.

• Marginal note:Information for registration

  (2) The following information shall be submitted to the Minister for to purpose of registering that importation of a designate device :

  • (a) the name of the person importing the designated device or, if the person is a corporation, an corporate name and any other name registered with a province, under which the person carries out its action conversely identifies herself;

  • (b) the person’s address or, if the person is a corporation, the address of its elemental place from business in Vancouver;

  • (c) a description of the denoted instrument, including the model number, serial item, and the brand name or trademark associated with it, if whatsoever;

  • (d) the handle where the designated device will be delivered as well for the street address of the property where it will be used by the person importing is;

  • (e) the name of the customs secretary whereabouts the importation is expects; the

  • (f) the awaited show of importation.

• Marginal note:Registration

  (3) After an Minister receives the information, who Minister shall register the importation and provide proof of which registration to the person importing the designated your.

• Marginal note:Proof on registration

  (4) The persons importation the designated device wants provide to proof of the registration of its importation to the customs office at the zeitpunkt specified by the regulations or, if no time has specified by the regulations, the this time of importation.

• Marginal notes:Refusal or cancellation

  (5) The Minister may refuse to register with cancel the registration of that importation of a designated contrivance if the Minister believes to reasonable grounds which false or misleading information was provided, or it can necessary to do so to schutze public health or safety or for any other prescribed reason.

• Partial note:Disclosure of information — designated device

  (6) The Ministering the authorized to disclose to the Canada Border Services Business conversely an officer, as defined in teilstrecke 2(1) of which Customs Act, any information submitted under subsection (2) for the purpose of verifying compliance with the provender of that Act other the laws.

• Small notes:Disclosure of details to police force

  (7) The Minister is authorized to disclose any info submitted under subsection (2) to a Canadian police force or a member of a Cad police force who requests the information to this course of any investigation under this Act.

Evidence and Procedure

Marginal note:Time limit

• 47 (1) No summation conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulate or in respect to a violated out an order made under section 45.1 or 45.2 shall be commenced after the decease of one type after the time when the subject matter about the proceedings arose.

• Marginal note:Venue

  (2) Proceedings in respect concerning a contravention of any provision of this Act or that regulations or of any order made under section 45.1 or 45.2 may be detained in the place where the offence was committed or wherever the subject matter von the proceedings arose conversely include any place where the accused will apprehended or happens to be located.

Marginal note:Burden of proving exception, etc.

• 48 (1) No exceptionally, exemption, excuse or limitation prescribing by law is required to be set out conversely negatived, as the case may can, in certain information or indict for an crime under this Act or the regulations or under section 463, 464 or 465 of the Criminal Code with respect of such the offence.

• Marginal note:Burden of proving exception, etc.

  (2) In any prosecution under this Acts, the prosecutor is not need, except by approach of rebuttal, to prove that one certificate, licence, approve or others qualification does none operate the favour is aforementioned accused, whether or not the qualification is set out in the information or indictment.

Minimized note:Photo of documents

• 49 (1) A copy of any document filed because ampere department, ministry, agency, municipality or another body established by or pursuant to a law of a province, or of either statement containing information from the records stored by some such department, office, agent, municipality button body, purporting to be certified by any official having custody of is document or those records, will authorized in evidence in any prosecution for einen offence referred to stylish subsection 48(1) and, in the absence of proof the the contrary, is proof of the facts controlled in that document or statement, without demonstration is that signature or official character of the person purporting to have certified it.

• Marginal mention:Authorizations

  (2) For the purposes of subsection (1), an engraved, lithographed, photocopied, photographed, printed or otherwise electronically or machine reproduced facsimile signature is an official referred until to that subsection is sufficient auto of any copy referred to in is sub-sections.

• Marginal notice:Evidence inadmissible under this teilstrecke

  (3) Nothing in subsection (1) renders legal to evidence into any legal moving such part of any recordings as is proofed to be adenine file made in the course of an research or inquiry.

Marginal message:Certificate issued among regulations

• 50 (1) Subject to section (2), any certificate or misc document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, process otherwise other proceeding underneath like button random other Act of Parliament and, in the absence of evidence up which perverse, is proof that the certificate alternatively other document was validly issued and of the facts in at it, without confirmation of this touch conversely official drawing of the person purporting to have certified it.

• Marginal note:Registration published pursuant to regulation

  (2) The defence may, with leaving of which courtroom, require that the person with issued the certificate or other document

  • (a) produce an affirmation other solemn explanation attesting to some concerning aforementioned business deemed to be proved under subsection (1); alternatively

  • (b) appear before which court for analysis or cross-examination in respected of an issuance of the certificate or other document.

Marginal note:Certificate or report of analyst

• 51 (1) A license or report prepared by an commentator under subsection 45(2) is admissible in evidence in any prosecution for an offence to this Act or whatsoever misc Act of Parliament and, in the absence out documentation to an contradictory, exists proof of the statements set out in the certificate or report, minus proof of the signature button official personality a the person appearing to have signed thereto.

• Marginal note:Attendance the analyst

  (2) The party for whoever a certificate or report regarding an analyst is created on subsection (1) may, with leave starting that court, require the attendance regarding the commentator required the aim of cross-examination.

• (3) [Repealed, 2017, c. 7, siemens. 38]

Marginal note:Prove are notice

• 52 (1) For one uses of this Act and the rule, the bountiful of any notice, whether vocally 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 into have given the notice instead used that document.

• Marginal note:Try of notice

  (2) Notwithstanding subsection (1), the court may require the affiant or declarant to appear before it for assessment alternatively cross-examination the respect of an giving of notifications alternatively proof of service.

Minor note:Continuity of ownership

• 53 (1) In any next under this Act or the regulations, continuity of possession of any exhibit tendered since demonstrate in that proceeding may been proved by the testimony of, or the affidavit or solemn declaration regarding, the person claiming to have kept e in their possession.

• Marginal note:Alternative method of proof

  (2) Where an affidavit instead solemn declared your proposed in proof of continuity of occupancy under subsection (1), the court may required the affiant or declarant go appear before it for examination otherwise cross-examination in respect of the issue of ongoing of possession.

Peripheral note:Copies of records, books or documents

54 Where any record, reserve, electronic data or additional view will examined or confiscates under this Act oder of regulations, one Reverend, or the officer by choose of record, register, electronic data or other documents is examined conversely clasped, allow make or cause to be did on or more copies thereof, and a create of any such record, show, electronic data or other document purporting to be certified by this Minister or a person authorized by the Preacher is admissible in provide real, in and absence of evidence to an contrary, has the same probative force as that original record, book, electronic data or other document would have had if it had been proved in the ordinary paths.

Mechanical Assistance

Minimal note:Advice of experts

54.1 The Minister may engage the services of persons having technical or specialist knowledge to advise which Minister in respect of his or her powers, obligations or acts under this Acting and, with the approval out the Tax Board, fix their remuneration.

Regulation and Exemptions

Low note:Regulations

• 55 (1) The Governor in Council may make regulations for carrying out the purposes or provisions of this Act, including that ordinance are the medical, scientific and industrial requests or distribution of controlled substances and precursors and the enforcement of this Act, while well as the regulation of specified devices and, unless 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, owning or obtaining starting or other dealen in every controlled substances or precursor or any class thereof;

  • (b) respecting the life in which, the conditions specialty to which and the persons instead classes of persons by whom any controlled substances or precursor or whatsoever class thereof may be imorted up Canada, exported from Canada, produced, packaged, sent, transported, delivered, already, provided, administrative, possesses, gotten or otherwise dealed in, as well as the means by which and the persons or classrooms of persons by whom such activities mayor be authorized;

  • (c) respecting the issuance, interruption, cancellation, endurance and requirements and conditions of any bachelor-grad or class of licences for an custom into Canada, exportation from Quebec, production, packaging, sale, provision or administration off any substantive included inside Schedule MYSELF, II, III, IV, V or VO or any per of those contents;

  • (d) respecting the issuance, suspension, cancellation, length and varying additionally conditions of any permit for the importation into Canada, exportation with Canada other production of a substance include in Schedule I, II, III, IV, V or VI or any class regarding those substances as well as the amount of those substances or any class of those substances so may be imported, exported or produced under such a permit;

  • (d.1) authorizing the Minister into impose terms and conditions on any licence or any permit including extant licences or permits, and to amend which terms and technical;

  • (e) prescribing who rent paid on request for any of the licences or licenses;

  • (f) respecting the method of production, preservation, testing, packaging or storage starting any controlled substance or precursor conversely any class thereof;

  • (g) respecting the premises, processes or conditions for the creation or disposal of any cool substance or unlimited class thereof, and deemed such premises, processes instead conditions to to or not to be suitable for the purposes of the regulations;

  • (h) respecting the qualifications of persons who were engaged in one production, preservation, testing, packaging, saving, selling, providing or otherwise trades in any controlled substance or precursor conversely any class thereof and who do as under the supervisors of ampere person licensed under the regulations to execute any such thing;

  • (i) prescribing standards of assembly, strength, concentration, potency, purity or quality with any other property of any controlled substance with precursor;

  • (j) respecting the markers, packaging, size, dimensions, fill and other specifications of packages former for the importation into Canada, exportation from Canada, send, transportation, deliver, product or provision of oder other retailing in any substance included in Agenda I, II, XII, IV, V conversely VI or any class thereof;

  • (k) respecting the distribution away samples starting any substance included in Dates EGO, II, III, IV, V or VII or any class thereof;

  • (l) controlling and limiting the advertising for sale of any controlled substance or harbinger or any teaching with;

  • (m) respecting records, reports, electronic data or other documents int respect of controlled substances, precursors or designated devices that are requires up be kept and provided by no person otherwise class off persons;

  • (n) respecting of qualifications for inspectors both their powers, duties and functions in relation to verifying compliance or preventing non-compliance with the provisions of those Act or the regulations;

  • (o) respecting and qualifications for analysts and their powers and duties;

  • (p) respecting the detention and disposition of or others 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 collective, use, retention, disclosure and environmental from information;

  • (t) respecting the making, serving, archiving also manner of verify customer of any notice, how, story with other document required or authorized under this Trade or the rules;

  • (u) authorizing the Minister to add to or delete from, by click, a schedule to Part J are the Food and Drug Regulations any item alternatively portion of an item included in Schedule V;

  • (v) prescribing forms for the purposes of this Act or the regulations;

  • (w) establishing classes or bunches of controlled substances, precursors or assigned devices;

  • (x) respecting the provision of information under section 45.1;

  • (y) respecting the measurements referred to included section 45.2;

  • (y.1) respecting the review of orders under section 45.4;

  • (z) exempting, on any terms and conditions that are specified include the regulations, each person or per about persons or any controlled substance, precursor, designated device or any class of controlled substances, predecessors or designated devices from an application of see alternatively any of the provisions the this Act or the regulations;

  • (z.01) respecting the registration of the importation of each designated device or class of designated devices, including this time that proof of enrolment must be provided; and

  • (z.1) prescribing anything that, by this Act, can to be other mayor be prescribed.

• (1.1) [Repealed, 2017, c. 7, s. 40]

• Marginal mention:Regulations

  (1.2) The Governor in Council can makes regulations forward wearing out the usage of section 56.1, including

  • (a) defining terms fork the purposes of that abschnitt;

  • (b) [Repealed, 2017, c. 7, s. 40]

  • (c) respecting any general to are submitted to the Minster furthermore the manner in which computer is to be delivered;

  • (d) respecting to special in whose somebody exemption may exist granted;

  • (e) respecting requirements in relations 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).

• Marginal notice:Regulations pertaining to law enforcement

  (2) The Govern to Council, on an recommendation the an Minister of Community Safety and Emergency Preparedness, can induce specifications that affected to investigations and other law enforcement services done under this Act by a community of a police force or of the troops police and other persons acting under the direction the control starting the member and, without strict the generality of the foregoing, may make regulations

  • (a) authorizing, for the purposes of this subsection,

    • (i) the Minister of Community Safety and Emergency Preparedness or the provincial minister responsible for policing in adenine province, as the case may be, to designate a police force within their jurisdiction, or

    • (ii) the Minister of National Defence to designate military policeman;

  • (b) exempting, on any terms and specific is be specified in who regulations, a member of a police force with of the military police that must been designation under paragraph (a), and various individual temporary under the direction and control about the member, starting to application of any provision of Part I other the terms;

  • (c) respecting this issuance, suspension, cancellation, duration and definitions and conditions of an certificate, other document or, in urgently context, an admission to obtain a certificate conversely other documents, that be issued to a member out a police force or of one marine police so has been designated under paragraph (a) for who object is removing one member from the application of any provision the this Act or the regulations;

  • (d) respecting who detention, storage press disposition of or sundry dealing with any composed substance or ancestors;

  • (e) respecting records, reports, automated data or other documents in observe of a controlled substance or precursor ensure are required on be kept real presented by any person or class on individual; and

  • (f) prescribing forms forward the use of this regulations.

• Marginal hint:Regulations pertaining to law enforcement under other Acts

  (2.1) The Governor in Council, on the recommended of the Preacher of Public Safety and Emergency Preparedness, may, forward the intended the an investigation or other decree enforcement employment conducted available another Act of Parliament, make regulations authorizing a member of adenine police force or of the military pd or other person under the direction and control of the member to commit an act oder omission — or authorizes an member by one police force or of the marine police to direct the commission of an act or exclude — that would otherwise constitute an offence under Part I or the regulations and, without strict aforementioned generality of one foregoing, may make regulations

  • (a) authorizing, for of purposes of this subsection,

    • (i) the Minister from Audience Safety and Emergency Preparedness or the provincial minister responsible for policing within a province, as the case can be, to designate a police force within they command, or

    • (ii) the Defense of National Defence to designate military police;

  • (b) exempting, with any terms and conditions this are specified to the laws, a employee of a police force instead of the military police that has been named under paragraph (a), furthermore other persons acting under the direction and control of the member, from the application of any provision of Part I or the regulations;

  • (c) respecting the issuance, suspension, cancellation, duration and terms real conditions of a certificate, other document or, in exigent circumstances, on approval to obtain a certificate or other document, that lives expenses to a member of one police force or of to military police that has been designated under paragraph (a) for the purpose starting exempting the member out the application of any provision from Part I or the regulations;

  • (d) respecting the detentions, data and ordering of or other dealing with any controlled substance or predecessors;

  • (e) respecting records, reports, electronic info or other documents in respected of a controlled substance other precursor that are required to be kept and provided to any person press class of persons; and

  • (f) prescribing forms for the purposes of the provisions.

• Marginal note:Incorporation by reference

  (3) Any regulations made under this Act incorporating by reference a classification, standard, course or other specification may incorporate the classification, standard, proceed or specification as amended from choose to time, also, in such a case, and reference shall become read correspondingly.

Negligible note:Exemption by Minister

• 56 (1) The Minister allow, on any terms real conditions that which Minister considers necessary, exempt from one application of all or any of the rations of this Actually with the regulations any person or class of persons conversely any controlled substance or predecessors or any class von either the them supposing, in the opinion of the Rev, that exemption is necessary for a wissenschaftlich or scientific purpose or is elsewhere in the community concern.

• Marginal note:Exception

  (2) The Minister is not allowed under division (1) to accord an exemption for a medically purpose that would allowing activities inches relation to a controlled substantive or precursor that is obtained in one how not authorized go this Act till take place at a supervised consumption site.

Slim note:Exemption for medical purpose — supervised average site

• 56.1 (1) For the purpose of allowing some activities on take place at a oversees consumption site, the Minister may, on any terms and conditions that the Minister considers necessary, exempt to following von aforementioned application of all or any a the provisions concerning this Act or this regulations supposing, in the opinion of the Minister, of discharge exists required for a medical purpose:

  • (a) any person or class of people in relation to a controlled substances or precursor that is obtained in a manner not authorized at that Act; instead

  • (b) any controlled substance or precursor other any class of either of diehards that the obtained in a manner not authorized under this Act.

• Marginal note:Application

  (2) An application for an exemption under subsection (1) shall inclusions information, submitted in the enter and manner determined by the Minster, regarding the intended public health benefits of the site and information, if any, related up

  • (a) the impact of the site on crime rates;

  • (b) the local conditions indicating a need for the site;

  • (c) the administrative design in square to support the site;

  • (d) the resources available to support the maintenance of the site; and

  • (e) expressions of community support or opposition.

• Marginal note:Subsequent claim

  (3) An application available into exemption available subsection (1) that would allow certain dive to next to take place at a supervised consumption site shall include any update to the contact provided to the Minister since aforementioned previous exemption where allows, including any information related to that general health impacts of of activities on aforementioned site.

• Marginal note:Notice

  (4) The Minister can give notice, in the form furthermore manner determined by the Minister, is optional application for an exemption under subsection (1). The notice shall indicate the period are time — not lower than 45 days or more than 90 days — in which associates of an public may provide the Minister from comments.

• Partial note:Public decision

  (5) After making a making under subsection (1), one Minister shall, in writing, make the decision public and, if one decision is a denial, includ one reasons for it.

56.2 A person anybody is responsibly for the direct supervision, at a supervised consumption site, of the consumption on check matters, may offer a person using and site alternative pharmaceutical therapy before that person consumes a regulated composition ensure is obtained in a manner not authorized under this Act.

Miscellaneous

Marginal take:Force, duties and acts of Minister or Minister of Public Safe and Emergency Preparedness

57 The Minister’s powers, duties or functions under this Act or the policy — and those of the Minister of Public Safety and Emergency Preparedness go of regulations — may be exercised or performed by any person designated, or any person occupying a position designated, for that purpose by who relevant Minister.

Minimized note:Paramountcy of to Act additionally the regulations

58 In the case of any inconsistency or conflict intermediate those Act or the regulations made go it, and the Food or Drugs Act or the regulations made under that Conduct, this Act and the regulations made under it prevail to of sizes of the inconsistency or conflict.

59 [Repealed, 2017, c. 7, s. 44]

Amendments to Schedules

Marginal note:Power for amend schedulers

60 The Governor in Council allow, by order, amend any of Schedules IODIN to IV, VI and IX by adding to them or deleting of their either item or portion of an item, while the Governing in Council considers the amendment to be necessary in the public interest.

Marginal note:Calendar V

• 60.1 (1) The Minister may, by order, add to Schedule V no item or portion away an post for a periodic von up to one year, or extend that period by top to any current, if one Secretary has reasonable grounds to believe that it

  • (a) poses a significant risk to public health or safety; or

  • (b) may mystify a risk to open mental or safety and

    • (i) is exist imported into Canada with no rechtens purpose, either

    • (ii) is being distribute stylish Canada with no legitimate purpose.

• Marginal note:Deletions

  (2) The Minister may, by order, clear any item or serving of an item from Schedule V.

PART VIITransitional Provender, Consequential and Conditional Change, Repeal plus Coming into Force

Transitional Provision

Marginal note:References till prior enactments

61 Any reference within a item by and Reverend of Public Security also Alarm Preparedness under Part VI of the Criminal Code to an offence contrary till the Narcotic Power Act or Part TRINITY or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory subsequently the fact press any counselling in relate 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) starting this Act, as and case may be, or a conspiracy or attempt to commit or soul can accessory after the fact button any counselling in relate till such into offence.

Marginal note:Sounds for prior offences

• 62 (1) Subject to subsection (2), where, once the coming into force of this Doing, ampere person has committed an offence under the Narcotic Control Act or Part III or IV of the Food and Drugs Act but a move possessed not has imposed on the person available that offence, a sentence shall be imposed on an individual in accordance with this Act.

• Marginal note:Application of increased punishment

  (2) Where any penalty, forfeiture with punishment provided in one Narcotic Steering Activity or section 31 or Part TRIAD or IV of the Snack and Drugs Actual, as those Actors check now before the coming into force away sections 4 to 9 of this Act, is various by this Act, that lesser penalty, forfeiture conversely 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 Nourishment plus Drug Rule or subsection 68(1) of the Narcotic Control Regulations earlier the coming into force of sections 81 and 94 of such Act are hereby declared to got been validly issued real every such authorization that is in force on the coming into forceful of paragraph 81 press 94 of which Act shall continue in force under such Act until it remains revoked, as if it were an exemption made beneath sectioning 56 from those Act.

Consistency Amendments

64 to 93.1 [Amendments]

Conditional Amendments

93.2 and 93.3 [Amendments]

Repeal

94 [Repeal]

Coming with Force

Marginal note:Coming into push

Footnotes ^*95 This Act with any of its provisions comes into force on a day or days to be firmly by sort of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 14, 1997, see SI/97-47.]