Ministerial Powers Under the CDSA
Administrative Powers Under CDSA
Report to Parliament
- Report to Parliament
- Review
9 (1) 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 undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
- Report
(2) The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends. 2012, c. 1, s. 42.
Inspection
- PART IV Administration and Compliance
- Inspectors
- Designation of inspectors
30 (1) 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.
- Certificate
(2) Every inspector shall be provided with a certificate of designation in a form established by the Minister and, on entering any place under subsection 31(1), shall, on request, produce the certificate to the person in charge of the place.
1996, c. 19, s. 30; 2015, c. 22, s. 2; 2017, c. 7, s. 25.
- Powers of inspector
31 (1) 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 a conveyance, referred to in subsection (1.1) and may for that purpose
- (a) open and examine any receptacle or package found in that place in which a controlled substance, precursor or designated device may be found;
- (b) examine any thing found in that place that is used or may be capable of being used for the production, preservation, packaging or storage of a controlled substance or a precursor;
- (c) examine any labels or advertising material or records, books, electronic data or other documents found in that place with respect to any controlled substance, precursor, or designated device other than the records of the medical condition of persons, and make copies thereof or take extracts therefrom;
- (d) use or cause to be used any computer system at that place to examine any electronic data referred to in paragraph (c);
- (e) reproduce any document from any electronic data referred to in paragraph (c) or cause it to be reproduced, in the form of a printout or other output;
- (f) take the labels or advertising material or records, books or other documents referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;
- (g) use or cause to be used any copying equipment at that place to make copies of any document;
- (g.1) take photographs and make recordings and sketches;
- (h) examine any substance found in that place and take, for the purpose of analysis, such samples thereof as are reasonably required;
- (i) seize and detain, in accordance with this Part, any controlled substance, precursor, designated device or conveyance found in that place the seizure and detention of which the inspector believes on reasonable grounds are necessary;
- (j) order the owner or person having possession, care or control of any controlled substance, precursor, designated device or other thing to which the provisions of this Act or the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (k) order the owner or person having possession, care or control of any conveyance that is found in that place and that the inspector believes on reasonable grounds contains a controlled substance, precursor or designated device to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (l) order any person in that place to establish their identity to the inspector’s satisfaction; and
- (m) order a person who, at that place, conducts an activity to which the provisions of this Act or the regulations apply to stop or start the activity.
- Place
(1.1) For the purposes of subsection (1), the inspector may only enter a place in which they believe on reasonable grounds
- (a) a controlled substance, precursor, designated device or document relating to the administration of this Act or the regulations is located;
- (b) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;
- (c) an activity to which the provisions of this Act or the regulations apply is being conducted; or
- (d) an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.
- Means of telecommunication
(1.2) For the purposes of subsections (1) and (1.1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.
- Limitation — access by means of telecommunication
(1.3) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for any purpose referred to in subsection (1).
- Person accompanying inspector
(1.4) An inspector may be accompanied by any other person that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.
- Entering private property
(1.5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1.1).
- Warrant to enter dwelling-house
(2) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (3).
- Authority to issue warrant
(3) A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (1)(a) to (m), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that
- (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsections (1) and (1.1);
- (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or the regulations; and
- (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.
- Use of force
(4) In executing a warrant issued under subsection (3), an inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.
- Assistance to inspector
(5) The owner or other person in charge of a place entered by an inspector and every person found there shall give the inspector all reasonable assistance in that person’s power and provide the inspector with any information that the inspector may reasonably require.
- Storage
(6) Anything that is seized and detained by an inspector under this section may, at the inspector’s discretion, be kept or stored at the place where it was seized or, at the inspector’s direction, be removed to any other proper place.
- Notice
(7) An inspector who seizes anything under this section shall take any measures that are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurred notice of the seizure and of the location where the thing is being kept or stored.
- Return by inspector
(8) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector shall notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, shall return the thing to that person.
- Return or disposition by Minister
(9) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (8) or any of sections 24 to 27, it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
1996, c. 19, s. 31; 2015, c. 22, s. 3; 2017, c. 7, s. 26.
- Obstructing inspector
32 (1) 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.
- False statements
(2) No person shall knowingly make any false or misleading statement verbally or in writing to 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.
- Interference
(3) No person shall, without the authority of an inspector, remove, alter or interfere in any way with anything seized, detained or taken under section 31.
1996, c. 19, s. 32; 2017, c. 7, s. 27.
Administrative Orders
- PART V Administrative Orders for Contraventions of Designated Regulations
- Designation of regulations
33 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 dealt with under this Part.
- Contravention of designated regulation
34 Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation, the Minister shall (a) in the prescribed manner, serve a notice to appear on the person; and (b) send a copy of the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.
- Interim order
35 (1) 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 substantial risk of immediate danger to the health or safety of any person, the Minister may, without giving prior notice to the person believed to have contravened the designated regulation, make an interim order in respect of the person
- (a) prohibiting the person from doing anything that the person would otherwise be permitted to do under their licence, permit or authorization, or
- (b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the interim order,
and may, for that purpose, suspend, cancel or amend the licence, permit or authorization issued or granted to the person or take any other measures set out in the regulations.
- Interim order
(2) Where the Minister makes an interim order under subsection (1), the Minister shall forthwith (a) in the prescribed manner, serve the interim order on the person; (b) in the prescribed manner, serve a notice to appear on the person; and (c) send a copy of the interim order and the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.
- Hearing by adjudicator
36 (1) 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 request of the person on whom the notice was served, on two days notice being given to the adjudicator, which hearing date may not (a) in the case of a notice served under paragraph 34(a), be less than thirty days, or more than forty-five days, after the day of service of the notice; or (b) in the case of a notice served under paragraph 35(2)(b), be less than three days, or more than forty-five days, after the day of service of the notice.
- Change of hearing date
(2) Where the adjudicator is unable to conduct a hearing on the date referred to in subsection (1), the adjudicator shall forthwith notify the person and fix, for the purpose of holding the hearing, the earliest possible date to which the adjudicator and the person agree.
- Proceedings on default
(3) Where an adjudicator has received a copy of a notice to appear referred to in subsection (1) and where the person on whom the notice is served has not requested a date for a hearing within forty-five days after the notice was served on that person, or where the person, having requested a hearing, fails to appear for the hearing, the adjudicator shall proceed to make a determination in the absence of the person.
- Time and place
(4) An adjudicator may, subject to the regulations, determine the time and place of any hearing or other proceeding under this Part.
- Notice to appear
37 A notice to appear served on a person under paragraph 34(a) or 35(2)(b) shall
- (a) specify the designated regulation that the Minister believes the person has contravened;
- (b) state the grounds on which the Minister believes the contravention has occurred;
- (c) state that the matter has been referred to an adjudicator for a hearing to be conducted on a date within the applicable period described in paragraph 36(1)(a) or (b); and
- (d) set out such other information as is prescribed.
- Proof of service
38 Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
- 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.
- 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.
- 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.
- 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.
- 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.
- Ministerial orders
(4) An order made under subsection (3) shall be served on the person to whom it is directed in the prescribed manner.
- 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.
- 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.
- 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.
- Revocation of order
(4) The Minister may, in the prescribed circumstances, revoke, in whole or in part, any order made under subsection 41(3).
- Offence for contravention of order
43 Every person commits an offence who contravenes an order or an interim order made under this Part.
- Ministerial Orders
- 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.
2017, c. 7, s. 30.
- 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.
2017, c. 7, s. 30.
- 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.
2017, c. 7, s. 30.
- 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.
- 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.
- 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.
- 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.
- 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).
- Order in effect
(6) An order continues to apply during a review unless the review officer decides otherwise.
- 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.
- 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.
- 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.
- Decision on completion of review
(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
- 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).
- Effect of amendment
(12) An order that is amended is subject to review under this section.
2017, c. 7, s. 30.
- 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.
2017, c. 7, s. 30.
- Copies of records, books or documents
54 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 document is examined or seized, may make or cause to be made one or more copies thereof, and a copy of any such record, book, electronic data or other document purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, book, electronic data or other document would have had if it had been proved in the ordinary way.
- Technical Assistance
- Advice of experts
54.1 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 approval of the Treasury Board, fix their remuneration.
2018, c. 16, s. 202.
- Regulations and Exemptions
- Regulations
55 (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]
- 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).
- 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.
- 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.
- 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.
- Exemption by Minister
56 (1) 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 persons or any controlled substance or precursor or any class of either of them if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.
- Exception
(2) The Minister is not authorized under subsection (1) to grant an exemption for a medical purpose that would allow activities in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act to take place at a supervised consumption site.
1996, c. 19, s. 56; 2015, c. 22, s. 5; 2017, c. 7, s. 41.
- Exemption for medical purpose — supervised consumption site
56.1 (1) 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 following from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical purpose:
- (a) any person or class of persons in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act; or
- (b) any controlled substance or precursor or any class of either of them that is obtained in a manner not authorized under this Act.
- Application
(2) An application for an exemption under subsection (1) shall include information, submitted in the form and manner determined by the Minister, regarding the intended public health benefits of the site and information, if any, related to
- (a) the impact of the site on crime rates;
- (b) the local conditions indicating a need for the site;
- (c) the administrative structure in place to support the site;
- (d) the resources available to support the maintenance of the site; and
- (e) expressions of community support or opposition.
- Subsequent application
(3) An application for an exemption under subsection (1) that would allow certain activities to continue to take place at a supervised consumption site shall include any update to the information provided to the Minister since the previous exemption was granted, including any information related to the public health impacts of the activities at the site.
- Notice
(4) The Minister may give notice, in the form and manner determined by the Minister, of any application for an exemption under subsection (1). The notice shall indicate the period of time — not less than 45 days or more than 90 days — in which members of the public may provide the Minister with comments.
- Public decision
(5) After making a decision under subsection (1), the Minister shall, in writing, make the decision public and, if the decision is a refusal, include the reasons for it. 2015, c. 22, s. 5; 2017, c. 7, s. 42.
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 therapy before that person consumes a controlled substance that is obtained in a manner not authorized under this Act. 2017, c. 7, s. 42.
- Miscellaneous
- Powers, duties and functions of Minister or Minister of Public Safety and Emergency Preparedness
57 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 performed by any person designated, or any person occupying a position designated, for that purpose by the relevant Minister.
1996, c. 19, s. 57; 2005, c. 10, s. 16.
- Paramountcy of this Act and the regulations
58 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 under it prevail to the extent of the inconsistency or conflict.
59 [Repealed, 2017, c. 7, s. 44]
- Amendments to Schedules
- Power to amend schedules
60 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 amendment to be necessary in the public interest.
1996, c. 19, s. 60; 2017, c. 7, s. 45; 2018, c. 16, ss. 203, 206.
- Schedule V
60.1 (1) 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 believe that it
- (a) poses a significant risk to public health or safety; or
- (b) may pose a risk to public health or safety and
- (i) is being imported into Canada with no legitimate purpose, or
- (ii) is being distributed in Canada with no legitimate purpose.
- Deletions
(2) The Minister may, by order, delete any item or portion of an item from Schedule V. 2017, c. 7, s. 45.