Controlled Drugs and Substances Act
Sections and provisions with full text and the judgments that cite each one.
Section 38 — Proof of service
Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
Section 39 — Powers of adjudicator
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 .
Section 40 — Hearing procedure
An adjudicator shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Section 41 — Determination by adjudicator
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…
Section 42 — Effect of order
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. An interim order that was…
Section 43 — Offence for contravention of order
Every person commits an offence who contravenes an order or an interim order made under this Part.
Section 44 — Designation of analysts
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.
Section 45 — Analysis
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. An…
Section 45.1 — Provision of information
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…
Section 45.2 — Measures
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…
Section 45.3 — Review officer
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.
Section 45.4 — 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…
Section 45.5 — Statutory Instruments Act
The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.
Section 46 — Penalty
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 is guilty of an indictable…
Section 46.1 — Offence of making false or deceptive statements
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…
Section 46.2 — Compliance with terms and conditions
The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.
Section 46.3 — Importation of designated device
No person shall import into Canada a designated device unless they register the importation with the Minister. The following information shall be submitted to the Minister for the purpose of…
Section 47 — Time limit
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…
Section 48 — Burden of proving exception, etc.
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…
Section 49 — Copies of documents
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…
Section 50 — Certificate issued under regulations
Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, trial or other…
Section 51 — Certificate or report of analyst
A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of…
Section 52 — Proof of notice
For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the oral evidence of, or by the affidavit or…
Section 53 — Continuity of possession
In any proceeding under this Act or the regulations, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or the affidavit or solemn…
Section 54 — Copies of records, books or documents
Where any record, book, electronic data or other document is examined or seized under this Act or the regulations, the Minister, or the officer by whom the record, book, electronic data or other…
Section 54.1 — Advice of experts
The Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the…
Section 55 — Regulations
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…
Section 56 — Exemption by Minister
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…
Section 56.1 — Exemption for medical purpose — supervised consumption site
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…
Section 56.2
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…
Section 57 — 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…
Section 58 — 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…
Section 59
[Repealed, 2017, c. 7, s. 44]
Section 60 — Power to amend schedules
The Governor in Council may, by order, amend any of Schedules I to IV, VI and IX by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the…
Section 60.1 — Schedule V
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…
Section 60.2 — Amending schedules to regulations
The Governor in Council may make regulations authorizing the Minister to add to or delete from, by order, any schedule to a regulation made under this Act any substance included in Schedule V to this…
Section 61 — 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…
Section 62 — Sentences for prior offences
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…
Section 63 — 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…
Section * 95 — Coming into force
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.