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Controlled Drugs and Substances Act

Version of section 55 from 2017-05-18 to 2020-06-17:


Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act, as well as the regulation of designated devices and, without restricting the generality of the foregoing, may make regulations

    • (a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;

    • (b) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

    • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class of those substances;

    • (d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;

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

    • (e) prescribing the fees payable on application for any of the licences or permits;

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

    • (g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;

    • (h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;

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

    • (j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;

    • (l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;

    • (m) respecting records, reports, electronic data or other documents in respect of controlled substances, precursors or designated devices that are required to be kept and provided by any person or class of persons;

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

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

    • (p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, designated device, offence-related property or conveyance;

    • (q) [Repealed, 2017, c. 7, s. 40]

    • (r) respecting the taking of samples of substances under paragraph 31(1)(h);

    • (s) respecting the collection, use, retention, disclosure and disposal of information;

    • (t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;

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

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

    • (w) establishing classes or groups of controlled substances, precursors or designated devices;

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

    • (y) respecting the measures referred to in section 45.2;

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

    • (z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance, precursor, designated device or any class of controlled substances, precursors or designated devices from the application of all or any of the provisions of this Act or the regulations;

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

    • (z.1) prescribing anything that, by this Act, is to be or may be prescribed.

  • (1.1) [Repealed, 2017, c. 7, s. 40]

  • Marginal note:Regulations

    (1.2) The Governor in Council may make regulations for carrying out the purposes of section 56.1, including

    • (a) defining terms for the purposes of that section;

    • (b) [Repealed, 2017, c. 7, s. 40]

    • (c) respecting any information to be submitted to the Minister and the manner in which it is to be submitted;

    • (d) respecting the circumstances in which an exemption may be granted;

    • (e) respecting requirements in relation to an application for an exemption made under subsection 56.1(1); and

    • (f) respecting terms and conditions in relation to an exemption granted under subsection 56.1(1).

  • Marginal note:Regulations pertaining to law enforcement

    (2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force or of the military police and other persons acting under the direction and control of the member and, without restricting the generality of the foregoing, may make regulations

    • (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;

    • (b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and 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 and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of this Act or the regulations;

    • (d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;

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

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

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

    (2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations

    • (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;

    • (b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and 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 and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of Part I or the regulations;

    • (d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;

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

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

  • Marginal note:Incorporation by reference

    (3) Any regulations made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time, and, in such a case, the reference shall be read accordingly.

  • 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
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