Drug Offences
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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 Possession (4 CDSA)
- Trafficking (CDSA 5)
- Importing and Exporting Drugs (CDSA 6)
- Drug Production (7 CDSA)
Intent to Traffic
See Drug Trafficking
Notice to Admit Certificates of Analysis
Sentencing
Administrative Powers Under CDSA
- 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59 [Repealed, 2017, c. 7, s. 44]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.
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 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.
- 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.