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

Marginal note:Exemption by Minister
  •  (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
  •  (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.

  • Marginal note:Application

    (2) An application for an exemption under subsection (1) shall include information, submitted in the form and manner determined by the Minister, regarding the intended public health benefits of the site and information, if any, related to

    • (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.

  • Marginal note:Subsequent application

    (3) An application for an exemption under subsection (1) that would allow certain activities to continue to take place at a supervised consumption site shall include any update to the information provided to the Minister since the previous exemption was granted, including any information related to the public health impacts of the activities at the site.

  • Marginal note:Notice

    (4) The Minister may give notice, in the form and manner determined by the Minister, of any application for an exemption under subsection (1). The notice shall indicate the period of time — not less than 45 days or more than 90 days — in which members of the public may provide the Minister with comments.

  • Marginal note:Public decision

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

  • 2015, c. 22, s. 5;
  • 2017, c. 7, s. 42.

 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

 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

 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.

 [Repealed, 2017, c. 7, s. 44]

Amendments to Schedules

Marginal note:Schedules

 The Governor in Council may, by order, amend any of Schedules I to IV and VI to 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.
Marginal note:Schedule V
  •  (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.

  • Marginal note:Deletions

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

  • 2017, c. 7, s. 45.

PART VIITransitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force

Transitional Provisions

Marginal note:References to prior enactments

 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
  •  (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

 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

 [Amendments]

Conditional Amendments

 [Amendments]

Repeal

 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote * 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.

 
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