- (a) where the Minister makes an order under subsection 41(3), at the time the order is served on the person; and
- (b) where an adjudicator has determined that the person did not contravene the designated regulation, at the time the adjudicator makes the determination.
Marginal note: Offence for contravention of order
43 Every person commits an offence who contravenes an order or an interim order made under this Part.
PART VI General
Analysis
Marginal note: Designation of analysts
44 The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(o), any person as an analyst for the purposes of this Act and the regulations.
Marginal note: Analysis
- 45 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person.
- Marginal note: Report (2) An analyst who has made an analysis or examination under subsection (1) may prepare a certificate or report stating that the analyst has analysed or examined a substance or a sample thereof and setting out the results of the analysis or examination.
- 1996, c. 19, s. 45
- 2017, c. 7, s. 29
Ministerial Orders
Marginal note: Provision of information
45.1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors or a person who imports designated devices to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary
- (a) to verify compliance or prevent non-compliance with the provisions of this Act or the regulations; or
- (b) to address an issue of public health or safety.
- 2017, c. 7, s. 30
Marginal note: Measures
45.2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.
- 2017, c. 7, s. 30
Marginal note: Review officer
45.3 The Minister may designate any qualified individual or class of qualified individuals as review officers for the purpose of reviewing orders under section 45.4.
- 2017, c. 7, s. 30
Marginal note: Request for review
- 45.4 (1) Subject to any other provision of this section, an order that is made under section 45.1 or 45.2 shall be reviewed on the written request of the person who was ordered to provide information or to take measures — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.
- Marginal note: Contents of and time for making request (2) The request shall state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided.
- Marginal note: No authority to review (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
- Marginal note: Reasons for refusal (4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
- Marginal note: Review initiated by review officer (5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).
- Marginal note: Order in effect (6) An order continues to apply during a review unless the review officer decides otherwise.
- Marginal note: Completion of review (7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.
- Marginal note: Extension of period for review (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
- Marginal note: Reasons for extension (9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
- Marginal note: Decision on completion of review (10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
- Marginal note: Written notice (11) The person who made the request or, if there is no request, the person who was ordered to provide information or to take measures shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
- Marginal note: Effect of amendment (12) An order that is amended is subject to review under this section.
- 2017, c. 7, s. 30
45.5 The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.
- 2017, c. 7, s. 30
Offence and Punishment
Marginal note: Penalty
46 Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation or an order made under section 45.1 or 45.2
- (a) is guilty of an indictable offence and liable to a fine of not more than $5,000,000 or to imprisonment for a term not exceeding three years, or to both; or
- (b) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine of not more than $250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent offence, to a fine of not more than $500,000 or imprisonment for a term of not more than 18 months, or to both.
- 1996, c. 19, s. 46
- 2017, c. 7, s. 33
- 2018, c. 16, s. 200
Prohibitions
Marginal note: Offence of making false or deceptive statements
46.1 No person shall knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any book, record, return or other document however recorded, required to be maintained, made or furnished under this Act or the regulations.
- 2017, c. 7, s. 34
Marginal note: Compliance with terms and conditions
46.2 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.
- 2017, c. 7, s. 34
Marginal note: Importation of designated device
- 46.3 (1) No person shall import into Canada a designated device unless they register the importation with the Minister.
- Marginal note: Information for registration (2) The following information shall be submitted to the Minister for the purpose of registering the importation of a designated device :
- (a) the name of the person importing the designated device or, if the person is a corporation, the corporate name and any other name registered with a province, under which the person carries out its activities or identifies itself;
- (b) the person’s address or, if the person is a corporation, the address of its primary place of business in Canada;
- (c) a description of the designated device, including the model number, serial number, and the brand name or trademark associated with it, if any;
- (d) the address where the designated device will be delivered as well as the street address of the premises where it will be used by the person importing it;
- (e) the name of the customs office where the importation is anticipated; and
- (f) the anticipated date of importation.
- 2017, c. 7, s. 34
Evidence and Procedure
Marginal note: Time limit
- 47 (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulations or in respect of a contravention of an order made under section 45.1 or 45.2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose.
- Marginal note: Venue (2) Proceedings in respect of a contravention of any provision of this Act or the regulations or of an order made under section 45.1 or 45.2 may be held in the place where the offence was committed or where the subject matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.
- 1996, c. 19, s. 47
- 2017, c. 7, s. 37
Marginal note: Burden of proving exception, etc.
- 48 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or the regulations or under section 463, 464 or 465 of the Criminal Code in respect of such an offence.
- Marginal note: Burden of proving exception, etc. (2) In any prosecution under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit or other qualification does not operate in favour of the accused, whether or not the qualification is set out in the information or indictment.
Marginal note: Copies of documents
- 49 (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or pursuant to a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 48(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the person purporting to have certified it.
- Marginal note: Authentication (2) For the purposes of subsection (1), an engraved, lithographed, photocopied, photographed, printed or otherwise electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.
- Marginal note: Evidence inadmissible under this section (3) Nothing in subsection (1) renders admissible in evidence in any legal proceeding such part of any record as is proved to be a record made in the course of an investigation or inquiry.
Marginal note: Certificate issued under regulations
- 50 (1) Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the person purporting to have certified it.
- Marginal note: Certificate issued pursuant to regulations (2) The defence may, with leave of the court, require that the person who issued the certificate or other document
- (a) produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or
- (b) appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.
- 1996, c. 19, s. 50
- 2018, c. 16, s. 201
Marginal note: Certificate or report of analyst
- 51 (1) A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.
- Marginal note: Attendance of analyst (2) The party against whom a certificate or report of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.
- (3) [Repealed, 2017, c. 7, s. 38]
- 1996, c. 19, s. 51
- 2017, c. 7, s. 38
Marginal note: Proof of notice
- 52 (1) For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the oral evidence of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document.
- Marginal note: Proof of notice (2) Notwithstanding subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.
Marginal note: Continuity of possession
- 53 (1) In any proceeding under this Act or the regulations, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or the affidavit or solemn declaration of, the person claiming to have had it in their possession.
- Marginal note: Alternative method of proof (2) Where an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.
Marginal note: Copies of records, books or documents
54 Where any record, book, electronic data or other document is examined or seized under this Act or the regulations, the Minister, or the officer by whom the record, book, electronic data or other document is examined or seized, may make or cause to be made one or more copies thereof, and a copy of any such record, book, electronic data or other document purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, book, electronic data or other document would have had if it had been proved in the ordinary way.
Technical Assistance
Marginal note: Advice of experts
54.1 The Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the approval of the Treasury Board, fix their remuneration.
- 2018, c. 16, s. 202
Regulations and Exemptions
Marginal note: Regulations
- 55 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act, as well as the regulation of designated devices and, without restricting the generality of the foregoing, may make regulations
- (a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;
- (b) respecting the circ*mstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;
- (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class of those substances;
- (d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;
- (d.1) authorizing the Minister to impose terms and conditions on any licence or any permit including existing licences or permits, and to amend those terms and conditions;
- (e) prescribing the fees payable on application for any of the licences or permits;
- (f) respecting the method of production, preservation, testing, packaging or storage of any controlled substance or precursor or any class thereof;
- (g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;
- (h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;
- (i) prescribing standards of composition, strength, concentration, potency, purity or quality or any other property of any controlled substance or precursor;
- (j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
- (k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
- (l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;
- (m) respecting records, reports, electronic data or other documents in respect of controlled substances, precursors or designated devices that are required to be kept and provided by any person or class of persons;
- (n) respecting the qualifications for inspectors and their powers, duties and functions in relation to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations;
- (o) respecting the qualifications for analysts and their powers and duties;
- (p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, designated device, offence-related property or conveyance;
- (q) [Repealed, 2017, c. 7, s. 40]
- (r) respecting the taking of samples of substances under paragraph 31(1)(h);
- (s) respecting the collection, use, retention, disclosure and disposal of information;
- (t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;
- (u) authorizing the Minister to add to or delete from, by order, a schedule to Part J of the Food and Drug Regulations any item or portion of an item included in Schedule V;
- (v) prescribing forms for the purposes of this Act or the regulations;
- (w) establishing classes or groups of controlled substances, precursors or designated devices;
- (x) respecting the provision of information under section 45.1;
- (y) respecting the measures referred to in section 45.2;
- (y.1) respecting the review of orders under section 45.4;
- (z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance, precursor, designated device or any class of controlled substances, precursors or designated devices from the application of all or any of the provisions of this Act or the regulations;
- (z.01) respecting the registration of the importation of any designated device or class of designated devices, including the time that proof of registration must be provided; and
- (z.1) prescribing anything that, by this Act, is to be or may be prescribed.
- (a) defining terms for the purposes of that section;
- (b) [Repealed, 2017, c. 7, s. 40]
- (c) respecting any information to be submitted to the Minister and the manner in which it is to be submitted;
- (d) respecting the circ*mstances in which an exemption may be granted;
- (e) respecting requirements in relation to an application for an exemption made under subsection 56.1(1); and
- (f) respecting terms and conditions in relation to an exemption granted under subsection 56.1(1).
- (a) authorizing, for the purposes of this subsection,
- (i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or
- (ii) the Minister of National Defence to designate military police;
- (a) authorizing, for the purposes of this subsection,
- (i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or
- (ii) the Minister of National Defence to designate military police;
- 1996, c. 19, s. 55
- 2001, c. 32, s. 55
- 2005, c. 10, s. 15
- 2015, c. 22, s. 4
- 2017, c. 7, s. 40
Marginal note: Exemption by Minister
- 56 (1) The Minister may, on any terms and conditions that the Minister considers necessary, exempt from the application of all or any of the provisions of this Act or the regulations any person or class of persons or any controlled substance or precursor or any class of either of them if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.
- Marginal note: Exception (2) The Minister is not authorized under subsection (1) to grant an exemption for a medical purpose that would allow activities in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act to take place at a supervised consumption site.
- 1996, c. 19, s. 56
- 2015, c. 22, s. 5
- 2017, c. 7, s. 41
Marginal note: Exemption for medical purpose — supervised consumption site
- 56.1 (1) For the purpose of allowing certain activities to take place at a supervised consumption site, the Minister may, on any terms and conditions that the Minister considers necessary, exempt the following from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical purpose:
- (a) any person or class of persons in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act; or
- (b) any controlled substance or precursor or any class of either of them that is obtained in a manner not authorized under this Act.
- (a) the impact of the site on crime rates;
- (b) the local conditions indicating a need for the site;
- (c) the administrative structure in place to support the site;
- (d) the resources available to support the maintenance of the site; and
- (e) expressions of community support or opposition.
- 2015, c. 22, s. 5
- 2017, c. 7, s. 42
56.2 A person who is responsible for the direct supervision, at a supervised consumption site, of the consumption of controlled substances, may offer a person using the site alternative pharmaceutical therapy before that person consumes a controlled substance that is obtained in a manner not authorized under this Act.
- 2017, c. 7, s. 42
Miscellaneous
Marginal note: Powers, duties and functions of Minister or Minister of Public Safety and Emergency Preparedness
57 The Minister’s powers, duties or functions under this Act or the regulations — and those of the Minister of Public Safety and Emergency Preparedness under the regulations — may be exercised or performed by any person designated, or any person occupying a position designated, for that purpose by the relevant Minister.
- 1996, c. 19, s. 57
- 2005, c. 10, s. 16
Marginal note: Paramountcy of this Act and the regulations
58 In the case of any inconsistency or conflict between this Act or the regulations made under it, and the Food and Drugs Act or the regulations made under that Act, this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.
59 [Repealed, 2017, c. 7, s. 44]
Amendments to Schedules
Marginal note: Power to amend schedules
60 The Governor in Council may, by order, amend any of Schedules I to IV, VI and IX by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.
- 1996, c. 19, s. 60
- 2017, c. 7, s. 45
- 2018, c. 16, ss. 203, 206
Marginal note: Schedule V
- 60.1 (1) The Minister may, by order, add to Schedule V any item or portion of an item for a period of up to one year, or extend that period by up to another year, if the Minister has reasonable grounds to believe that it
- (a) poses a significant risk to public health or safety; or
- (b) may pose a risk to public health or safety and
- (i) is being imported into Canada with no legitimate purpose, or
- (ii) is being distributed in Canada with no legitimate purpose.
- 2017, c. 7, s. 45
PART VII Transitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force
Transitional Provisions
Marginal note: References to prior enactments
61 Any reference in a designation by the Minister of Public Safety and Emergency Preparedness under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.
- 1996, c. 19, s. 61
- 2001, c. 32, s. 56
- 2005, c. 10, s. 34
Marginal note: Sentences for prior offences
- 62 (1) Subject to subsection (2), where, before the coming into force of this Act, a person has committed an offence under the Narcotic Control Act or Part III or IV of the Food and Drugs Act but a sentence has not been imposed on the person for that offence, a sentence shall be imposed on the person in accordance with this Act.
- Marginal note: Application of increased punishment (2) Where any penalty, forfeiture or punishment provided by the Narcotic Control Act or section 31 or Part III or IV of the Food and Drugs Act , as those Acts read immediately before the coming into force of sections 4 to 9 of this Act, is varied by this Act, the lesser penalty, forfeiture or punishment applies in respect of any offence that was committed before the coming into force of those sections.
Marginal note: Validation
63 Every authorization issued by the Minister under subsection G.06.001(1) or J.01.033(1) of the Food and Drug Regulations or subsection 68(1) of the Narcotic Control Regulations before the coming into force of sections 81 and 94 of this Act is hereby declared to have been validly issued and every such authorization that is in force on the coming into force of sections 81 and 94 of this Act shall continue in force under this Act until it is revoked, as if it were an exemption made under section 56 of this Act.
Consequential Amendments
64 to 93.1 [Amendments]
Conditional Amendments
93.2 and 93.3 [Amendments]
Repeal
94 [Repeal]
Coming into Force
Marginal note: Coming into force
Footnote * 95 This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.
