An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)
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Assented to 2017-05-18
An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
S.C. 2017, c. 7
Assented to 2017-05-18
An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
SUMMARY
This enactment amends the Controlled Drugs and Substances Act to, among other things,
(a) simplify the process of applying for an exemption that would allow certain activities to take place at a supervised consumption site, as well as the process of applying for subsequent exemptions;
(b) prohibit the importation of designated devices — unless the importation is registered with the Minister of Health — as well as prescribed activities in relation to designated devices;
(c) expand the offence of possession, production, sale or importation of anything knowing that it will be used to produce or traffic in methamphetamine so that it applies to anything that is intended to be used to produce or traffic in any controlled substance;
(d) authorize the Minister to temporarily add to a schedule to that Act substances that the Minister has reasonable grounds to believe pose a significant risk to public health or safety, in order to control them;
(e) authorize the Minister to require a person who may conduct activities in relation to controlled substances, precursors or designated devices to provide the Minister with information or to take certain measures in respect of such activities;
(f) add an administrative monetary penalties scheme;
(g) streamline the disposition of seized, found or otherwise acquired controlled substances, precursors and chemical and non-chemical offence-related property;
(h) modernize inspection powers; and
(i) expand and amend certain regulation-making authorities, including in respect of the collection, use, retention, disclosure and disposal of information.
It makes related amendments to the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to repeal provisions that prevent customs officers from opening mail that weighs 30 grams or less.
It also makes other related amendments to the Criminal Code and the Seized Property Management Act.
Preamble
Whereas Parliament recognizes that the objectives of the Controlled Drugs and Substances Act (“the Act”) are the protection of public health and the maintenance of public safety;
Whereas the Act protects public health by providing mechanisms to regulate or otherwise authorize activities in relation to controlled substances and the precursors that are used to make them in order to allow access for legitimate medical, scientific or industrial purposes;
Whereas harm reduction is an important component of a comprehensive, compassionate and evidence-based drug policy that complements prevention, treatment and enforcement measures;
Whereas the Act maintains public safety by restricting activities in relation to controlled substances and precursors, including possession, trafficking, importing, exporting and production, and by establishing associated criminal offences and penalties;
And whereas the illicit market for controlled substances and precursors is evolving and serious public health and safety concerns have emerged since the Act was enacted;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
1996, c. 19Controlled Drugs and Substances Act
1 (1) The definition adjudicator in subsection 2(1) of the Controlled Drugs and Substances Act is repealed.
(2) The definition praticien in subsection 2(1) of the French version of the Act is replaced by the following :
- practitioner
praticien Personne qui est autorisée à exercer dans une province la profession de médecin, de dentiste ou de vétérinaire en vertu des lois de la province et est inscrite sous le régime de ces lois. Y sont assimilées toute autre personne ou catégorie de personnes désignées par règlement. (practitioner)
(3) The portion of the definition produce in subsection 2(1) of the Act before paragraph (a) is replaced by the following :
- produce
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
(4) The portion of the definition traffic in subsection 2(1) of the Act before paragraph (a) is replaced by the following :
- traffic
traffic means, in respect of a substance included in any of Schedules I to V,
(5) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :
- customs office
customs office has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)
- designated device
designated device means a device included in Schedule IX; (instrument désigné)
(6) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :
- chemical offence-related property
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)
- non-chemical offence-related property
non-chemical offence-related property means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)
Marginal note:1995, c. 22, s. 18 (Sch. IV, item 26)
2 Subsection 3(2) of the Act is repealed.
3 (1) Subsections 5(1) and (2) of the Act are replaced by the following :
Marginal note:Trafficking in substance
5 (1) 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.
Marginal note:Possession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
Marginal note:2012, c. 1, s. 39(1)
(2) Clause 5(3)(a)(i)(D) of the French version of the Act is replaced by the following :
(D) a, au cours des dix dernières années, été condamnée pour une infraction désignée ou purgé une peine d’emprisonnement relativement à une telle infraction,
(3) The portion of paragraph 5(3)(b) of the Act before subparagraph (i) is replaced by the following :
(b) if the subject matter of the offence is a substance included in Schedule III or V,
Marginal note:2012, c. 1, s. 39(2)
(4) Subsection 5(5) of the Act is replaced by the following :
Marginal note:Interpretation
(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.
4 (1) The portion of paragraph 6(3)(b) of the Act before subparagraph (i) is replaced by the following :
(b) if the subject matter of the offence is a substance included in Schedule III, V or VI,
(2) The portion of paragraph 6(3)(c) of the Act before subparagraph (i) is replaced by the following :
(c) if the subject matter of the offence is a substance included in Schedule IV,
5 (1) Subsection 7(1) of the Act is replaced by the following :
Marginal note:Production of substance
7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
Marginal note:2012, c. 1, s. 41(1)
(2) The portion of paragraph 7(2)(a.1) of the English version of the Act before subparagraph (i) is replaced by the following :
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
Marginal note:2012, c. 1, s. 41(1)
(3) The portion of paragraph 7(2)(b) of the English version of the Act before subparagraph (i) is replaced by the following :
(b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
(4) The portion of paragraph 7(2)(c) of the Act before subparagraph (i) is replaced by the following :
(c) if the subject matter of the offence is a substance included in Schedule III or V,
Marginal note:2011, c. 14, s. 1
6 Section 7.1 of the Act is replaced by the following :
Marginal note:Possession, sale, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used
(a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or
(b) to traffic in a controlled substance.
Marginal note:Punishment
(2) Every person who contravenes subsection (1)
(a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,
(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and
(b) if the subject matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.
Marginal note:2012, c. 1, s. 43(1)
7 (1) The portion of subsection 10(2) of the French version of the Act before paragraph (a) is replaced by the following :
Marginal note:Circonstances à prendre en considération
(2) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction désignée — autre qu’une infraction pour laquelle il est tenu d’imposer une peine minimale d’emprisonnement — est tenu de considérer toute circonstance aggravante pertinente, notamment le fait que cette personne, selon le cas :
(2) Subparagraphs 10(2)(a)(iii) and (iv) of the Act are replaced by the following :
(iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or
(iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;
(3) Paragraph 10(2)(b) of the French version of the Act is replaced by the following :
b) a déjà été condamnée pour une infraction désignée;
(4) Paragraph 10(2)(c) of the English version of the Act is replaced by the following :
(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence.
Marginal note:2012, c. 1, s. 43(2)
(5) The portion of subsection 10(4) of the French version of the Act before paragraph (a) is replaced by the following :
Marginal note:Programme judiciaire de traitement de la toxicomanie
(4) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction prévue par la présente partie peut reporter la détermination de la peine :
8 The heading “Search, Seizure and Detention” before section 11 of the Act is repealed.
9 Subsection 11(4) of the Act is replaced by the following :
Marginal note:Effect of endorsement
(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to dispose of or otherwise deal with the things seized in accordance with the law.
10 The Act is amended by adding the following after section 12:
Marginal note:Report of seizure, finding, etc.
12.1 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, within 30 days,
(a) prepare a report setting out
(i) the substance, precursor or property,
(ii) the amount of it that was seized, found or acquired,
(iii) the place where it was seized, found or acquired,
(iv) the date on which it was seized, found or acquired,
(v) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs,
(vi) the number of the file or police report related to the seizure, finding or acquisition, and
(vii) any other prescribed information;
(b) cause the report to be sent to the Minister; and
(c) in the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, cause a copy of the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.
PART IIIDisposition
11 Subsections 13(2) to (6) of the Act are replaced by the following :
Marginal note:Sections 489.1 and 490 of Criminal Code applicable
(2) If a thing seized under this Act is non-chemical offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 and subsections 31(6) to (9) of this Act.
Marginal note:Provisions of this Act applicable
(3) If a controlled substance, precursor or chemical offence-related property is seized under this Act, any other Act of Parliament or a power of seizure at common law, the provisions of this Act and the regulations apply in respect of that substance, precursor or property.
Marginal note:Recognizance
(4) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
12 The heading before section 14 of the Act is replaced by the following :
Division 1Non-chemical Offence-related Property
Restraint Orders
13 (1) Subsection 14(1) of the Act is replaced by the following :
Marginal note:Application for restraint order
14 (1) 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.
(2) The portion of subsection 14(2) of the Act before paragraph (b) is replaced by the following :
Marginal note:Procedure
(2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters :
(a) the offence to which the property relates;
(3) Paragraphs 14(2)(b) and (c) of the English version of the Act are replaced by the following :
(b) the person who is believed to be in possession of the property; and
(c) a description of the property.
Marginal note:2001, c. 32, s. 49(1)
(4) Subsection 14(3) of the Act is replaced by the following :
Marginal note:Restraint order
(3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order other than in the manner that is specified in the order.
Marginal note:2001, c. 32, s. 50
14 Sections 14.1 and 15 of the Act are replaced by the following :
Marginal note:Sections 489.1 and 490 of Criminal Code applicable
15 (1) 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 under section 14.
Marginal note:Recognizance
(2) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
Management Orders
Marginal note:Management order
15.1 (1) 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 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are of the opinion that the circumstances so require,
(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Marginal note:Appointment of Minister of Public Works and Government Services
(2) If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Marginal note:Power to manage
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8).
Marginal note:Application for destruction order
(4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.
Marginal note:Notice required before destruction
(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.
Marginal note:Manner of giving notice
(6) A notice shall
(a) be given in the manner that the court directs or that may be specified in the rules of the court; and
(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.
Marginal note:Destruction order
(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Marginal note:Application for forfeiture order
(8) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
Marginal note:When management order ceases to have effect
(9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
Marginal note:For greater certainty
(10) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
Marginal note:Application to vary conditions
(11) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).
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