Section 45.4 — Controlled Drugs and Substances Act: Request for review

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. 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. 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. The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review. 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). An order continues to apply during a review unless the review officer decides otherwise. A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister. 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. 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. On completion of a review, the review officer shall confirm, amend, terminate or cancel the order. 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). An order that is amended is subject to review under this section.