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

Marginal note:Powers of adjudicator

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

Marginal note:Hearing procedure

40 An adjudicator shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

Marginal note:Determination by adjudicator

• 41 (1) An adjudicator shall, after the conclusion of a hearing referred to in subsection 36(1) or a proceeding referred to in subsection 36(3), within the prescribed time, make a determination that the person who is the subject of the hearing or proceeding contravened or did not contravene the designated regulation.

• Marginal note:Notice of determination

  (2) Where an adjudicator has made a determination under subsection (1), the adjudicator shall

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

  • (b) where the adjudicator has determined that the person has contravened the designated regulation, notify the person of the opportunity to make representations to the Minister in writing in accordance with the regulations and within the prescribed time.

• Marginal note:Ministerial orders

  (3) Where an adjudicator has made a determination referred to in paragraph (2)(b) and the Minister has considered the determination and any representations referred to in that paragraph, the Minister shall forthwith make an order

  • (a) prohibiting the person from doing anything that they would, if they were in compliance with the designated regulation, be permitted to do, or

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

  and may, for that purpose, suspend, cancel or amend any licence, permit or authorization issued or granted to the person under the regulations or take any other measures set out in the regulations.

• Marginal note:Ministerial orders

  (4) An order made under subsection (3) shall be served on the person to whom it is directed in the prescribed manner.

Marginal note:Effect of order

• 42 (1) An interim order made under subsection 35(1) and an order made under subsection 41(3) have effect from the time that they are served on the person to whom they are directed.

• Marginal note:Cessation of effect

  (2) An interim order that was made in respect of a person believed to have contravened a designated regulation ceases to have effect

  • (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:Application to revoke order

  (3) A person in respect of whom an order was made under subsection 41(3) may make an application in writing to the Minister in accordance with the regulations to revoke the order.

• Marginal note:Revocation of order

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

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 VIGeneral

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.

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.

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.

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.

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.

Marginal note:Statutory Instruments Act

45.5 The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.

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.

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.

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.

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.

• Marginal note:Registration

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

• Marginal note:Proof of registration

  (4) The person importing the designated device shall provide the proof of the registration of its importation to the customs office at the time specified by the regulations or, if no time is specified by the regulations, at the time of importation.

• Marginal note:Refusal or cancellation

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

• Marginal note:Disclosure of information — designated device

  (6) The Minister is authorized to disclose to the Canada Border Services Agency or an officer, as defined in section 2(1) of the Customs Act, any information submitted under subsection (2) for the purpose of verifying compliance with the provisions of this Act or the regulations.

• Marginal note:Disclosure of information to police force

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

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.

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.