Drug Offences: Difference between revisions

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[[Fr:Infractions_liées_aux_drogues_(Crime)]]
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* [[Importing and Exporting Drugs (Offence)|Importing and Exporting Drugs]] (CDSA 6)
* [[Importing and Exporting Drugs (Offence)|Importing and Exporting Drugs]] (CDSA 6)
* [[Drug Production (Offence)|Drug Production]] (7 CDSA)
* [[Drug Production (Offence)|Drug Production]] (7 CDSA)
; Drug Defences
* [[Exemption for Medical Emergency]]


==Intent to Traffic==
==Intent to Traffic==
Line 22: Line 27:


==Administrative Powers Under CDSA==
==Administrative Powers Under CDSA==
* [[Ministerials Powers Under the CDSA]]


==Relationship to Other Acts==


{{quotation|
===Transitions Provisions===
; Copies of records, books or documents
{{quotation2|
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.
; Transitional Provisions
|
; References to prior enactments
61 Any reference in a designation by the Minister of Public Safety and Emergency Preparedness under Part VI {{AnnSec|Part VI}} of the Criminal Code to an offence contrary to the ''Narcotic Control Act'' or Part III or IV of the ''Food and Drugs Act'' or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.
 
{{LegHistory90s|1996, c. 19}}, s. 61; {{LegHistory00s|2001, c. 32}}, s. 56; {{LegHistory00s|2005, c. 10}}, s. 34.
|{{CDSASec2|61}}
|{{NoteUpCDSA|61}}
}}
}}


{{quotation|
{{quotation2|
; Technical Assistance
; Sentences for prior offences
; Advice of experts
62 (1) 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 has not been imposed on the person for that offence, a sentence shall be imposed on the person in accordance with this Act.
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.
; Application of increased punishment
(2) Where any penalty, forfeiture or punishment provided by the ''Narcotic Control Act'' or section 31 or Part III or IV of the ''Food and Drugs Act'', as those Acts read immediately before the coming into force of sections 4 to 9 of this Act, is varied by this Act, the lesser penalty, forfeiture or punishment applies in respect of any offence that was committed before the coming into force of those sections.
|{{CDSASec2|62}}
|{{NoteUpCDSA|62|1|2}}
}}


2018, c. 16, s. 202.
{{quotation2|
|
; Validation
63 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 force of sections 81 and 94 of this Act is hereby declared to have been validly issued and every such authorization that is in force on the coming into force of sections 81 and 94 of this Act shall continue in force under this Act until it is revoked, as if it were an exemption made under section 56 of this Act.
|{{CDSASec2|63}}
|{{NoteUpCDSA|63}}
}}
}}


{{quotation|
==Misc Defintions==
; Regulations and Exemptions
{{quotation2|
; Regulations
; Definitions
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
2 (1) In this Act,<br>
:(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;
'''"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; (arbitre)
:(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;
'''"analogue"''' means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)
:(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;
'''"analyst"''' means a person who is designated as an analyst under section 44; (analyste)
:(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;
'''"Attorney General"''' means
:(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;
:(a) the Attorney General of Canada, and includes their lawful deputy, or
:(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;
:(b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)
:(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;
'''"chemical offence-related property"''' means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)
:(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;
'''"controlled substance"''' means a substance included in Schedule I, II, III, IV or V; (substance désignée)
:(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;
'''"customs office"''' has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)
:(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;
'''"designated device"''' means a device included in Schedule IX; (instrument désigné)
:(q) [Repealed, 2017, c. 7, s. 40]
 
:(r) respecting the taking of samples of substances under paragraph 31(1)(h);
'''"designated substance offence"''' means
:(s) respecting the collection, use, retention, disclosure and disposal of information;
:(a) an offence under Part I, except subsection 4(1), or
:(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;
:(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)
:(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.
'''"inspector"''' means a person who is designated as an inspector under section 30; (inspecteur)
|}}


{{quotation|
'''"judge"''' means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)
; 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.
'''"justice"''' has the same meaning as in section 2 of the Criminal Code; (juge de paix)
|}}


{{quotation|
'''"Minister"''' means the Minister of Health; (ministre)
; 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.
|}}


{{quotation|
'''"non-chemical offence-related property"''' means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)
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.
'''"offence-related property"''' means, with the exception of a controlled substance, any property, within or outside Canada,
|
:(a) by means of or in respect of which a designated substance offence is committed,
}}
:(b) that is used in any manner in connection with the commission of a designated substance offence, or
:(c) that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)
 
'''"organization"''' has the same meaning as in section 2 of the Criminal Code. (organisation)
 
'''"person"''' means an individual or an organization. (personne)
 
'''"possession"''' means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)


{{quotation|
'''"practitioner"''' means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)
; 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.
'''"precursor"''' means a substance included in Schedule VI; (précurseur)
|
}}
{{quotation|
; 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.
|}}


{{quotation|
'''"prescribed"''' means prescribed by the regulations; (Version anglaise seulement)
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.
'''"produce"''' means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including
|
:(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
}}
:(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,
and includes offer to produce; (production)
provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir)
sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)


{{quotation|
'''"traffic"''' means, in respect of a substance included in any of Schedules I to V,
; Schedule V
:(a) to sell, administer, give, transfer, transport, send or deliver the substance,
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
:(b) to sell an authorization to obtain the substance, or
:(a) poses a significant risk to public health or safety; or
:(c) to offer to do anything mentioned in paragraph (a) or (b),
:(b) may pose a risk to public health or safety and
otherwise than under the authority of the regulations. (trafic)
::(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.


|}}
; Interpretation
(2) For the purposes of this Act,
:(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
:(b) a reference to a controlled substance includes a reference to
::(i) all synthetic and natural forms of the substance, and
::(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
:::(A) in producing the substance, or
:::(B) in introducing the substance into a human body.


==Relationship to Other Acts==
; Interpretation
(3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.


===Transitions Provisions===
{{LegHistory90s|1996, c. 8}}, s. 35, {{LegHistory90sA|1996|c. 19}}, s. 2; {{LegHistory00s|2001, c. 32}}, s. 47; {{LegHistory10s|2017, c. 7}}, s. 1; {{LegHistory10s|2018, c. 16}}, s. 194.
{{quotation|
|{{CDSASec2|2}}
; Transitional Provisions
|{{NoteUpCDSA|2|1|2}}
; References to prior enactments
}}
61 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 the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.


1996, c. 19, s. 61; 2001, c. 32, s. 56; 2005, c. 10, s. 34.
{{quotation2|
|}}
; Interpretation
3 (1) 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 commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.


{{quotation|
(2) [Repealed, {{LegHistory10s|2017, c. 7}}, s. 2]
; Sentences for prior offences
62 (1) 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 has not been imposed on the person for that offence, a sentence shall be imposed on the person in accordance with this Act.
; Application of increased punishment
(2) Where any penalty, forfeiture or punishment provided by the Narcotic Control Act or section 31 or Part III or IV of the Food and Drugs Act, as those Acts read immediately before the coming into force of sections 4 to 9 of this Act, is varied by this Act, the lesser penalty, forfeiture or punishment applies in respect of any offence that was committed before the coming into force of those sections.
; Validation
63 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 force of sections 81 and 94 of this Act is hereby declared to have been validly issued and every such authorization that is in force on the coming into force of sections 81 and 94 of this Act shall continue in force under this Act until it is revoked, as if it were an exemption made under section 56 of this Act.
|}}


{{LegHistory90s|1995, c. 22}}, s. 18; {{LegHistory90s|1996, c. 19}}, s. 3; {{LegHistory10s|2017, c. 7}}, s. 2.
|{{CDSASec2|3}}
|{{NoteUpCDSA|3|1}}
}}


==See Also==
==See Also==

Latest revision as of 08:06, 23 July 2024

This page was last substantively updated or reviewed April 2021. (Rev. # 95748)

Introduction

Drug offences are distinct from the various crimes found in the Criminal Code. Drug offences are governed primarily by the Contolled Drugs and Substances Act. This act not only defines drug offences, it sets out the rules of evidence and the investigative police powers applicable to investigations and prosecutions of drug offences.

Drug Offences

Drug Defences

Intent to Traffic

See Drug Trafficking

Notice to Admit Certificates of Analysis

Sentencing

Administrative Powers Under CDSA

Relationship to Other Acts

Transitions Provisions

Transitional Provisions
References to prior enactments

61 Any reference in a designation by the Minister of Public Safety and Emergency Preparedness under Part VI [Pt. VI – Invasion of Privacy (ss. 183 to 196.1)] of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.

1996, c. 19, s. 61; 2001, c. 32, s. 56; 2005, c. 10, s. 34.

– CDSA (CanLII), (DOJ)

Note up: 61

Sentences for prior offences

62 (1) 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 has not been imposed on the person for that offence, a sentence shall be imposed on the person in accordance with this Act.

Application of increased punishment

(2) Where any penalty, forfeiture or punishment provided by the Narcotic Control Act or section 31 or Part III or IV of the Food and Drugs Act, as those Acts read immediately before the coming into force of sections 4 to 9 of this Act, is varied by this Act, the lesser penalty, forfeiture or punishment applies in respect of any offence that was committed before the coming into force of those sections.

– CDSA (CanLII), (DOJ)

Note up: 62(1) and (2)

Validation

63 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 force of sections 81 and 94 of this Act is hereby declared to have been validly issued and every such authorization that is in force on the coming into force of sections 81 and 94 of this Act shall continue in force under this Act until it is revoked, as if it were an exemption made under section 56 of this Act.

– CDSA (CanLII), (DOJ)

Note up: 63

Misc Defintions

Definitions

2 (1) 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; (arbitre)

"analogue" means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)

"analyst" means a person who is designated as an analyst under section 44; (analyste)

"Attorney General" means

(a) the Attorney General of Canada, and includes their lawful deputy, or
(b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)

"chemical offence-related property" means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

"controlled substance" means a substance included in Schedule I, II, III, IV or V; (substance désignée)

"customs office" has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)

"designated device" means a device included in Schedule IX; (instrument désigné)

"designated substance offence" means

(a) an offence under Part I, except subsection 4(1), or
(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

"inspector" means a person who is designated as an inspector under section 30; (inspecteur)

"judge" means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)

"justice" has the same meaning as in section 2 of the Criminal Code; (juge de paix)

"Minister" means the Minister of Health; (ministre)

"non-chemical offence-related property" means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)

"offence-related property" means, with the exception of a controlled substance, any property, within or outside Canada,

(a) by means of or in respect of which a designated substance offence is committed,
(b) that is used in any manner in connection with the commission of a designated substance offence, or
(c) that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)

"organization" has the same meaning as in section 2 of the Criminal Code. (organisation)

"person" means an individual or an organization. (personne)

"possession" means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

"practitioner" means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)

"precursor" means a substance included in Schedule VI; (précurseur)

"prescribed" means prescribed by the regulations; (Version anglaise seulement)

"produce" means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including

(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,

and includes offer to produce; (production) provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir) sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)

"traffic" means, in respect of a substance included in any of Schedules I to V,

(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b),

otherwise than under the authority of the regulations. (trafic)

Interpretation

(2) For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
(A) in producing the substance, or
(B) in introducing the substance into a human body.
Interpretation

(3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.

1996, c. 8, s. 35, c. 19, s. 2; 2001, c. 32, s. 47; 2017, c. 7, s. 1; 2018, c. 16, s. 194.

– CDSA (CanLII), (DOJ)

Note up: 2(1) and (2)

Interpretation

3 (1) 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 commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

(2) [Repealed, 2017, c. 7, s. 2]

1995, c. 22, s. 18; 1996, c. 19, s. 3; 2017, c. 7, s. 2.

– CDSA (CanLII), (DOJ)

Note up: 3(1)

See Also

v • e
 
Drug Offences
Offences / Sentencing
v • e
 
Proving Complex Criminal Offences
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