Controlled Drugs and Substances Act
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Controlled Drugs and Substances Act .
Section 2 — Definitions
In this Act, adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; (…
Section 3 — Interpretation
Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to…
Section 4 — Possession of substance
Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III. No person shall seek or obtain a substance included in Schedule I, II, III or IV, or…
Section 4.1 — Definition of medical emergency
For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening…
Section 5 — Trafficking in substance
No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance. No person shall, for the purpose of…
Section 6 — Importing and exporting
Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI. Except as authorized under the…
Section 7 — Production of substance
Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V. Every person who contravenes subsection (1) if the subject matter of the…
Section 7.1 — Possession, sale, etc., for use in production of or trafficking in substance
No person shall possess, produce, sell, import or transport anything intending that it will be used to produce a controlled substance, unless the production of the controlled substance is lawfully…
Section 8
[Repealed, 2022, c. 15, s. 18]
Section 9 — Review
Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be…
Section 10 — Purpose of sentencing
Without restricting the generality of the Criminal Code , the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a…
Section 10.1 — Declaration of principles
The following principles apply in this Part: problematic substance use should be addressed primarily as a health and social issue; interventions should be founded on evidence-based best practices and…
Section 10.2 — Warnings and referrals
A peace officer shall, instead of laying an information against an individual alleged to have committed an offence under subsection 4(1), consider whether it would be preferable, having regard to the…
Section 10.3 — Prosecution — limits
A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.1, the…
Section 10.4 — Record of warning or referral
The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the…
Section 10.5 — Evidence of warning or referral not admissible
Evidence that an individual has received a warning or referral mentioned in subsection 10.2(1), evidence that a peace officer has taken no further action in respect of an offence under subsection…
Section 10.6 — Conservation of record — conviction
Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of…
Section 10.7 — Exception
No social worker, medical professional or other service provider in the community commits an offence under subsection 4(1) if, in the course of their duties, they come into possession of a substance…
Section 11 — Information for search warrant
A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that a controlled substance or precursor in respect of which this Act has been…
Section 12 — Assistance and use of force
For the purpose of exercising any of the powers described in section 11, a peace officer may enlist such assistance as the officer deems necessary; and use as much force as is necessary in the…
Section 12.1 — Report of seizure, finding, etc.
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,…
Section 13 — Sections 489.1 and 490 of the Criminal Code applicable
Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to any thing seized under this Act. If a thing seized under this Act is non-chemical offence-related property,…
Section 14 — Application for restraint order
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. The application for a restraint order may…
Section 14.1
[Repealed, 2017, c. 7, s. 14]
Section 15 — Sections 489.1 and 490 of Criminal Code applicable
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…
Section 15.1 — Management order
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…
Section 16 — Forfeiture of property
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…
Section 17 — Application for in rem forfeiture
Where an information has been laid in respect of a designated substance offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2). Subject to…
Section 18 — Voidable transfers
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…
Section 19 — Notice
Before making an order under subsection 16(1) or 17(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the…
Section 19.1 — Notice
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…
Section 20 — Application
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 in the case of property forfeited under…
Section 21 — Appeals from orders under subsection 17(2)
Any person who, in their opinion, is aggrieved by an order made under subsection 17(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of…
Section 22 — Suspension of order pending appeal
Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 16(1), 17(2) or 20(4) is suspended pending any application made in respect of the property…
Section 23 — Return
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…
Section 24 — Application for return
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…
Section 25 — Forfeiture if no application
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…
Section 26 — Expedited disposition
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…
Section 27 — Disposition following proceedings
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…
Section 28 — Disposition with consent
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…
Section 29 — Report of disposition
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…
Section 30 — Designation of inspectors
The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(n), any person as an inspector for the purposes of this Act and the regulations. Every inspector shall…
Section 31 — Powers of inspector
Subject to subsection (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including…
Section 32 — Obstructing inspector
No person shall, by act or omission, obstruct an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations. No person…
Section 33 — Designation of regulations
The Governor in Council may, by regulation, designate any regulation made under this Act (in this Part referred to as a “designated regulation”) as a regulation the contravention of which shall be…
Section 34 — Contravention of designated regulation
Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation, the Minister shall in the prescribed manner, serve a notice to appear on the person; and…
Section 35 — Interim order
Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation and the Minister is of the opinion that, as a result of that contravention, there is a…
Section 36 — Hearing by adjudicator
Where an adjudicator receives from the Minister a copy of a notice to appear under paragraph 34(b) or 35(2)(c), the adjudicator shall conduct a hearing on a date to be fixed by the adjudicator at the…
Section 37 — Notice to appear
A notice to appear served on a person under paragraph 34(a) or 35(2)(b) shall specify the designated regulation that the Minister believes the person has contravened; state the grounds on which the…