Controlled Drugs and Substances Act (S.C. 1996, c. 19)
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Act current to 2024-11-26 and last amended on 2024-09-03. Previous Versions
RELATED PROVISIONS
— 2022, c. 15, s. 21
Review by committee
21 On the fourth anniversary of the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the standing committee of each House that normally considers matters relating to justice.
— 2022, c. 17, s. 76
Clarification — immediate application
76 For greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
— 2022, c. 17, s. 78.1
Impact of remote proceedings
78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings
(a) enhance, preserve or adversely affect access to justice;
(b) maintain fundamental principles of the administration of justice; and
(c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.
Report
(2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
— 2022, c. 17, s. 78.2
Review by committee
78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.
Report
(2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
— 2024, c. 17, s. 416
Definitions
416 The following definitions apply in this section and sections 417 to 419.
- commencement day
commencement day means the day on which subsection 413(4) and sections 414 and 415 come into force. (date de référence)
- previous version
previous version means the Controlled Drugs and Substances Act, as it reads immediately before commencement day. (version antérieure)
- regulatory scheme
regulatory scheme means regulations that are made under subsection 55(1) of the Controlled Drugs and Substances Act, as it reads on the day on which this section comes into force, respecting authorizations for activities that could be allowed under an exemption granted under subsection 56.1(1) of the previous version. (régime réglementaire)
— 2024, c. 17, s. 417
Exemptions
417 (1) An exemption granted under subsection 56.1(1) of the previous version that is valid immediately before commencement day is deemed to be an authorization issued under the regulatory scheme on that day.
Validity period
(2) Subsection (1) does not have the effect of extending the validity period of the exemption.
Terms and conditions
(3) For greater certainty, the terms and conditions of the exemption are terms and conditions of the authorization. However, if there is a conflict between any of those terms and conditions and a requirement of the regulatory scheme, the requirement of the regulatory scheme prevails to the extent of the conflict.
— 2024, c. 17, s. 418
Applications
418 If an application for an exemption under subsection 56.1(1) of the previous version is submitted before commencement day and the minister responsible for the previous version has not, before that day, made a decision in relation to the application, the application is deemed to have been submitted on that day as an application for an authorization under the regulatory scheme.
— 2024, c. 17, s. 419
Regulations
419 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of the regulatory scheme.
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