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

Act current to 2017-11-20 and last amended on 2017-05-18. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2017, c. 7, s. 1(1)

      • (1) The definition adjudicator in subsection 2(1) of the Controlled Drugs and Substances Act is repealed.

  • — 2017, c. 7, s. 1(6)

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

        chemical offence-related property

        chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

        non-chemical offence-related property

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

  • — 2017, c. 7, s. 2

    • 1995, c. 22, s. 18 (Sch. IV, item 26)

      2 Subsection 3(2) of the Act is repealed.

  • — 2017, c. 7, s. 3(2)

    • 2012, c. 1, s. 39(1)
      • (2) Clause 5(3)(a)(i)(D) of the French version of the Act is replaced by the following :

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

  • — 2017, c. 7, s. 7(1)

    • 2012, c. 1, s. 43(1)
      • (1) The portion of subsection 10(2) of the French version of the Act before paragraph (a) is replaced by the following :

        • Circonstances à prendre en considération

          (2) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction désignée — autre qu’une infraction pour laquelle il est tenu d’imposer une peine minimale d’emprisonnement — est tenu de considérer toute circonstance aggravante pertinente, notamment le fait que cette personne, selon le cas :

  • — 2017, c. 7, s. 7(3)

      • (3) Paragraph 10(2)(b) of the French version of the Act is replaced by the following :

        • b) a déjà été condamnée pour une infraction désignée;

  • — 2017, c. 7, s. 7(5)

    • 2012, c. 1, s. 43(2)
      • (5) The portion of subsection 10(4) of the French version of the Act before paragraph (a) is replaced by the following :

        • Programme judiciaire de traitement de la toxicomanie

          (4) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction prévue par la présente partie peut reporter la détermination de la peine :

  • — 2017, c. 7, s. 8

    • 8 The heading “Search, Seizure and Detention” before section 11 of the Act is repealed.

  • — 2017, c. 7, s. 10

    • 10 The Act is amended by adding the following after section 12:

      • Report of seizure, finding, etc.

        12.1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property shall, within 30 days,

        • (a) prepare a report setting out

          • (i) the substance, precursor or property,

          • (ii) the amount of it that was seized, found or acquired,

          • (iii) the place where it was seized, found or acquired,

          • (iv) the date on which it was seized, found or acquired,

          • (v) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs,

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

          • (vii) any other prescribed information;

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

        • (c) in the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, cause a copy of the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

      PART IIIDisposition

  • — 2017, c. 7, s. 11

    • 11 Subsections 13(2) to (6) of the Act are replaced by the following :

      • Sections 489.1 and 490 of Criminal Code applicable

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

      • Provisions of this Act applicable

        (3) If a controlled substance, precursor or chemical offence-related property is seized under this Act, any other Act of Parliament or a power of seizure at common law, the provisions of this Act and the regulations apply in respect of that substance, precursor or property.

      • Recognizance

        (4) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

  • — 2017, c. 7, s. 12

    • 12 The heading before section 14 of the Act is replaced by the following :

      Division 1Non-chemical Offence-related Property

      Restraint Orders

  • — 2017, c. 7, s. 13

      • 13 (1) Subsection 14(1) of the Act is replaced by the following :

        • Application for restraint order
          • 14 (1) The Attorney General may make an application in accordance with this section for a restraint order in respect of any non-chemical offence-related property.

      • (2) The portion of subsection 14(2) of the Act before paragraph (b) is replaced by the following :

        • Procedure

          (2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters :

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

      • (3) Paragraphs 14(2)(b) and (c) of the English version of the Act are replaced by the following :

        • (b) the person who is believed to be in possession of the property; and

        • (c) a description of the property.

      • 2001, c. 32, s. 49(1)

        (4) Subsection 14(3) of the Act is replaced by the following :

        • Restraint order

          (3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order other than in the manner that is specified in the order.

  • — 2017, c. 7, s. 14

    • 2001, c. 32, s. 50

      14 Sections 14.1 and 15 of the Act are replaced by the following :

      • Sections 489.1 and 490 of Criminal Code applicable
        • 15 (1) Subject to sections 16 to 22, sections 489.1 and 490 of the Criminal Code apply, with any modifications that the circumstances require, to any property that is the subject of a restraint order made under section 14.

        • Recognizance

          (2) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

      Management Orders

      • Management order
        • 15.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 11 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are of the opinion that the circumstances so require,

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

          • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

        • Appointment of Minister of Public Works and Government Services

          (2) If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

        • Power to manage

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

          • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

          • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

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

        • Application for destruction order

          (4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

        • Notice required before destruction

          (5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

        • Manner of giving notice

          (6) A notice shall

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

          • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

        • Destruction order

          (7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

        • Application for forfeiture order

          (8) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

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

          • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

          • (c) during that period, no one makes such an application.

        • When management order ceases to have effect

          (9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

        • For greater certainty

          (10) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

        • Application to vary conditions

          (11) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

  • — 2017, c. 7, s. 15

    • 15 The heading before section 16 of the Act is replaced by the following :

      Forfeiture

  • — 2017, c. 7, s. 16

    • 2001, c. 32, s. 51
      • 16 (1) Subsections 16(1) and (2) of the Act are replaced by the following :

        • Forfeiture of property
          • 16 (1) Subject to sections 18 to 19.1, if a person is convicted, or discharged under section 730 of the Criminal Code, of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court shall

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

            • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.

          • Property related to other offences

            (2) Subject to sections 18 to 19.1, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated substance offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

      • (2) Subsection 16(3) of the Act is replaced by the following :

        • Appeal

          (3) A person who has been convicted or discharged of a designated substance offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

  • — 2017, c. 7, s. 17

      • 17 (1) Paragraphs 17(2)(a) and (b) of the Act are replaced by the following :

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

        • (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and

      • (2) Subsection 17(4) of the Act is replaced by the following :

        • Who may dispose of forfeited property

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

          • (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

          • (b) in any other case, the judge shall order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.

  • — 2017, c. 7, s. 18

    • 18 Section 18 of the Act is replaced by the following :

      • Voidable transfers

        18 A court may, before ordering that property be forfeited under subsection 16(1) or 17(2), set aside any conveyance or transfer of the property that occurred after the property was seized or restrained, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

  • — 2017, c. 7, s. 19

    • 19 The portion of subsection 19(2) of the Act before paragraph (c) is replaced by the following :

      • Manner of giving notice

        (2) A notice shall

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

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

  • — 2017, c. 7, s. 20

    • 2001, c. 32, s. 53
      • 20 (1) Subsection 19.1(1) of the Act is replaced by the following :

        • Notice
          • 19.1 (1) If all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted, or discharged under section 730 of the Criminal Code, of the indictable offence under this Act in relation to which the property would be forfeited.

      • 2001, c. 32, s. 53

        (2) Paragraphs 19.1(2)(a) and (b) of the Act are replaced by the following :

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

        • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

      • 2001, c. 32, s. 53

        (3) Subsection 19.1(3) of the Act is replaced by the following :

        • Non-forfeiture of real property

          (3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted, or discharged under section 730 of the Criminal Code, of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

      • 2001, c. 32, s. 53

        (4) Paragraph 19.1(4)(a) of the Act is replaced by the following :

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

  • — 2017, c. 7, s. 21

    • 21 The portion of subsection 20(1) of the Act before paragraph (b) is replaced by the following :

      • Application
        • 20 (1) If any property is forfeited to Her Majesty under an order made under subsection 16(1) or 17(2), any person who claims an interest in the property, other than

          • (a) in the case of property forfeited under an order made under subsection 16(1), a person who was convicted, or discharged under section 730 of the Criminal Code, of the designated substance offence in relation to which the property was forfeited,

  • — 2017, c. 7, s. 22

    • 22 The headings before section 24 and sections 24 to 26 of the Act are replaced by the following :

      Division 2Controlled Substances, Precursors and Chemical Offence-related Property

      • Return
        • 23 (1) A peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property may return it to the person who is its lawful owner or who is lawfully entitled to its possession if the peace officer, inspector or prescribed person is satisfied

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

          • (b) that the continued detention of the substance, precursor or property is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.

        • Receipt

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

        • Report by peace officer

          (3) In the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, the peace officer shall make a report about the return to the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

      • Application for return
        • 24 (1) If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.

        • Order to return as soon as practicable

          (2) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property and the Attorney General does not indicate that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned as soon as practicable to the applicant.

        • Order to return at specified time

          (3) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property but the Attorney General indicates that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned to the applicant

          • (a) on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to it has been commenced before that time; or

          • (b) on the final conclusion of the proceeding or any other proceeding in relation to it, if the applicant is not found guilty in those proceedings of an offence committed in relation to it.

        • Forfeiture order

          (4) If, on the hearing of an application made under subsection (1), a justice is not satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall order that it or the portion be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

        • Payment of compensation in lieu

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

      • Forfeiture if no application

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

      • Expedited disposition

        26 If a precursor or chemical offence-related property — whose storage or handling poses a risk to health or safety — or a controlled substance, or a portion of any of them, is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion may be disposed of or otherwise dealt with by the Minister, a peace officer or a prescribed person in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

  • — 2017, c. 7, s. 23

      • 23 (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following :

        • Disposition following proceedings

          27 Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court

      • (2) Subparagraphs 27(a)(i) and (ii) of the Act are replaced by the following :

        • (i) if it is satisfied that the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or

        • (ii) if it is satisfied that possession of the substance, precursor or property by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and

      • (3) Paragraph 27(b) of the Act is replaced by the following :

        • (b) may, if it is not satisfied that the substance, precursor or property should be returned under subparagraph (a)(i) or (ii) or if possession of it by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is not known, order that it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

  • — 2017, c. 7, s. 24

    • 24 Sections 28 and 29 of the Act are replaced by the following :

      • Disposition with consent

        28 If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the person who is its lawful owner may consent to its disposition, and when that consent is given, it or the portion is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

      • Report of disposition
        • 29 (1) Subject to the regulations, every peace officer, inspector or prescribed person who disposes of or otherwise deals with a controlled substance, precursor or chemical offence-related property under this Division shall, within 30 days, prepare a report setting out the following information and cause the report to be sent to the Minister :

          • (a) the substance, precursor or property;

          • (b) the amount of it that was disposed of or otherwise dealt with;

          • (c) the manner in which it was disposed of or otherwise dealt with;

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

          • (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

          • (f) the number of the file or police report related to the disposition of it or other dealing with it; and

          • (g) any other prescribed information.

        • Interpretation

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

  • — 2017, c. 7, s. 26(8)

      • 26 (8) Subsection 31(9) of the Act is replaced by the following :

        • Return or disposition by Minister

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

  • — 2017, c. 7, s. 28

    • 28 Part V of the Act is replaced by the following :

      PART VAdministrative Monetary Penalties

      Violation

      • Commission of violation

        33 Every person who contravenes a provision designated by regulations made under paragraph 34(1)(a), or contravenes an order made under section 45.1 or 45.2 or reviewed under section 45.4, commits a violation and is liable to the penalty established in accordance with the provisions of this Act and the regulations.

      Powers of the Governor in Council and the Minister

      • Regulations
        • 34 (1) The Governor in Council may make regulations

          • (a) designating as a violation that may be proceeded with in accordance with this Act the contravention of any specified provision of this Act — except a provision of Part I — or the regulations;

          • (b) fixing a penalty, or a range of penalties, in respect of each violation;

          • (c) classifying each violation as a minor violation, a serious violation or a very serious violation; and

          • (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement.

        • Maximum penalty

          (2) The maximum penalty for a violation is $30,000.

      • Criteria for penalty

        35 Unless a penalty is fixed under paragraph 34(1)(b), the amount of a penalty shall, in each case, be determined taking into account

        • (a) the history of compliance with the provisions of this Act or the regulations by the person who committed the violation;

        • (b) the harm to public health or safety that resulted or could have resulted from the violation;

        • (c) whether the person made reasonable efforts to mitigate or reverse the violation’s effects;

        • (d) whether the person derived any competitive or economic benefit from the violation; and

        • (e) any other prescribed criteria.

      • Notices of violation

        36 The Minister may

        • (a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and

        • (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

      Proceedings

      • Issuance of notice of violation
        • 37 (1) If a person who is designated under paragraph 36(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that

          • (a) sets out the person’s name;

          • (b) identifies the alleged violation;

          • (c) sets out the penalty for the violation that the person is liable to pay; and

          • (d) sets out the particulars concerning the time and manner of payment.

        • Summary of rights

          (2) A notice of violation shall clearly summarize, in plain language, the named person’s rights and obligations under this section and sections 38 to 43.7, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.

      Penalties

      • Payment
        • 38 (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty,

          • (a) they are deemed to have committed the violation in respect of which the amount is paid;

          • (b) the Minister shall accept that amount as complete satisfaction of the penalty; and

          • (c) the proceedings commenced in respect of the violation under section 37 are ended.

        • Alternatives to payment

          (2) Instead of paying the penalty set out in a notice of violation, the person named in the notice may, in the prescribed time and manner,

          • (a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order or the provision to which the violation relates; or

          • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

        • Deeming

          (3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice.

      Compliance Agreements

      • Compliance agreements
        • 39 (1) After considering a request under paragraph 38(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

          • (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

          • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

        • Deeming

          (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

        • Notice of compliance

          (3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time

          • (a) the proceedings commenced in respect of the violation under section 37 are ended; and

          • (b) any security given by the person under the compliance agreement shall be returned to the person.

        • Notice of default

          (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that

          • (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty, and, for greater certainty, subsection 34(2) does not apply in respect of that amount; or

          • (b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.

        • Effect of notice of default

          (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount that they spent under the compliance agreement and

          • (a) the person is liable to pay the amount set out in the notice; or

          • (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 37 are ended.

        • Effect of payment

          (6) If a person pays the amount set out in the notice of default in the prescribed time and manner,

          • (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

          • (b) the proceedings commenced in respect of the violation under section 37 are ended.

      • Refusal to enter into compliance agreement
        • 40 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 38(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.

        • Effect of payment

          (2) If a person pays the amount referred to in subsection (1),

          • (a) they are deemed to have committed the violation in respect of which the payment is made;

          • (b) the Minister shall accept the amount as complete satisfaction of the penalty; and

          • (c) the proceedings commenced in respect of the violation under section 37 are ended.

        • Deeming

          (3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation.

      Review by the Minister

      • Review — facts
        • 41 (1) On completion of a review requested under paragraph 38(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person who requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and the regulations, the Minister shall correct the amount.

        • Violation not committed — effect

          (2) If the Minister determines under subsection (1) that the person who requested the review did not commit the violation, the proceedings commenced in respect of it under section 37 are ended.

        • Review — penalty

          (3) On completion of a review requested under paragraph 38(2)(b) with respect to the amount of the penalty, the Minister shall determine whether the amount of the penalty was established in accordance with the provisions of this Act and the regulations and, if not, the Minister shall correct the amount.

        • Notice of decision

          (4) The Minister shall cause a notice of any decision made under subsection (1) or (3) to be provided to the person who requested the review.

        • Payment

          (5) The person is liable to pay, in the prescribed time and manner, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3).

        • Effect of payment

          (6) If a person pays the amount referred to in subsection (5),

          • (a) the Minister shall accept the amount as complete satisfaction of the penalty; and

          • (b) the proceedings commenced in respect of the violation under section 37 are ended.

        • Written evidence and submissions

          (7) The Minister shall consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and the regulations.

      Enforcement

      • Debts to Her Majesty
        • 42 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court :

          • (a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;

          • (b) every amount set out in a compliance agreement entered into with the Minister under subsection 39(1), from the time the compliance agreement is entered into;

          • (c) the amount set out in a notice of default referred to in subsection 39(4), from the time the notice is provided; and

          • (d) the amount of a penalty as set out in a decision of the Minister made under subsection 41(1) or (3), from the time the notice of that decision is provided.

        • Time limit

          (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

        • Debt final

          (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 38 to 41.

      • Certificate of default
        • 43 (1) Any debt referred to in subsection 42(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

        • Judgments

          (2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.

      Rules About Violations

      • Certain defences not available
        • 43.1 (1) A person named in a notice of violation does not have a defence by reason that the person

          • (a) exercised due diligence to prevent the violation; or

          • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

        • Common law principles

          (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

      • Burden of proof

        43.2 In every case when the facts of a violation are reviewed by the Minister, he or she shall determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.

      • Violation by corporate officers, etc.

        43.3 If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against under this Act.

      • Vicarious liability — acts of employees and agents

        43.4 A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

      • Continuing violation

        43.5 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.

      Other Provisions

      • Evidence

        43.6 In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

      • Time limit

        43.7 Proceedings in respect of a violation shall not be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.

      • How act or omission may be proceeded with

        43.8 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

      • Certification by Minister

        43.9 A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.

      • Publication of information

        43.91 The Minister may, for the purpose of encouraging compliance with the provisions of this Act and the regulations, publish information about any violation after proceedings in respect of it are ended.

  • — 2017, c. 7, s. 29

    • 29 Subsection 45(1) of the Act is replaced by the following :

      • 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.

  • — 2017, c. 7, s. 31

    • 31 The portion of section 45.1 of the Act before paragraph (a) is replaced by the following :

      • 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, who imports designated devices or who conducts other activities referred to in section 46.4 to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary

  • — 2017, c. 7, s. 32

    • 32 Section 45.2 of the Act is replaced by the following :

      • 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 or who conducts activities referred to in section 46.4 in relation to designated devices, 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. 35

      • 35 (1) Subsection 46.3(1) of the Act is replaced by the following :

        • Importation of designated device
          • 46.3 (1) No person shall import into Canada a designated device unless they register the importation with the Minister and the person imports it in accordance with the regulations.

      • (2) Subsection 46.3(2) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

        • (g) any other prescribed information.

  • — 2017, c. 7, s. 36

    • 36 The Act is amended by adding the following before section 47:

      • Designated device — prescribed activity

        46.4 No person shall conduct a prescribed activity in relation to a designated device except in accordance with the regulations.

  • — 2017, c. 7, ss. 40(12), (13)

      • 40 (12) Subsection 55(1) of the Act is amended by striking out “and” at the end of paragraph (z.01) and by adding the following after that paragraph :

        • (z.02) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, sale, provision, possession of or other dealing in any designated device or any class of designated devices;

        • (z.03) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences or of any permit for the importation into Canada, exportation from Canada, sale, provision or possession of any designated device or class of designated devices; and

      • (13) Subsection 55(1) of the Act is amended by striking out “and” at the end of paragraph (z.03) and by adding the following after that paragraph :

        • (z.04) prescribing exportation from Canada, sale, provision, or possession of any designated device or any class of designated devices as activities for the purpose of section 46.4;

        • (z.05) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any designated device or class of designated devices may be exported from Canada, sold, provided or possessed, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

        • (z.06) respecting the registration of activities in relation to any designated device or any class of designated devices for the purpose of section 46.4; and

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