GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Controlled Drugs and Substances Act — C-38.8 24
Application for return 24 (1) If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person. Order to return as soon as practicable (2) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property and the Attorney General does not indicate that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned as soon as practicable to the applicant. Order to return at specified time (3) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property but the Attorney General indicates that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned to the applicant (a) on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to it has been commenced before that time; or (b) on the final conclusion of the proceeding or any other proceeding in relation to it, if the applicant is not found guilty in those proceedings of an offence committed in relation to it. Forfeiture order (4) If, on the hearing of an application made under subsection (1), a justice is not satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall order that it or the portion be forfeited to Her Majesty to be 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. Payment of compensation in lieu (5) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, but it was disposed of or otherwise dealt with under section 26, the justice shall order that an amount equal to its value be paid to the applicant. 1996, c. 19, s. 24; 2017, c. 7, s. 22
Controlled Drugs and Substances Act — C-38.8 25
Forfeiture if no application 25 If no application for the return of a controlled substance, precursor or chemical offence-related property has been made under subsection 24(1) within 60 days after the date of the seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion is forfeited to Her Majesty and may be 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. 25; 2017, c. 7, s. 22
Controlled Drugs and Substances Act — C-38.8 26
Expedited disposition 26 If a precursor or chemical offence-related property — whose storage or handling poses a risk to health or safety — or a controlled substance, or a portion of any of them, is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion may be disposed of or otherwise dealt with by the Minister, a peace officer or a prescribed person in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs. 1996, c. 19, s. 26; 2017, c. 7, s. 22
Controlled Drugs and Substances Act — C-38.8 27
Disposition following proceedings 27 Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court (a) shall (i) if it is satisfied that the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or (ii) if it is satisfied that possession of the substance, precursor or property by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and (b) may, if it is not satisfied that the substance, precursor or property should be returned under subparagraph (a)(i) or (ii) or if possession of it by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is not known, order that it be forfeited to Her Majesty to be 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. 27; 2017, c. 7, s. 23
Controlled Drugs and Substances Act — C-38.8 28
Disposition with consent 28 If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the person who is its lawful owner may consent to its disposition, and when that consent is given, it or the portion is forfeited to Her Majesty and may be 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. 28; 2017, c. 7, s. 24
Controlled Drugs and Substances Act — C-38.8 29
Report of disposition 29 (1) Subject to the regulations, every peace officer, inspector or prescribed person who disposes of or otherwise deals with a controlled substance, precursor or chemical offence-related property under this Division shall, within 30 days, prepare a report setting out the following information and cause the report to be sent to the Minister : (a) the substance, precursor or property; (b) the amount of it that was disposed of or otherwise dealt with; (c) the manner in which it was disposed of or otherwise dealt with; (d) the date on which it was disposed of or otherwise dealt with; (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs; (f) the number of the file or police report related to the disposition of it or other dealing with it; and (g) any other prescribed information. Interpretation (2) For the purposes of subsection (1), dealing with a controlled substance, precursor or chemical offence-related property by a peace officer includes using it to conduct an investigation or for training purposes. 1996, c. 19, s. 29; 2017, c. 7, s. 24
Controlled Drugs and Substances Act — C-38.8 30
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
Controlled Drugs and Substances Act — C-38.8 32
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
Controlled Drugs and Substances Act — C-38.8 33
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.
Controlled Drugs and Substances Act — C-38.8 34
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.
Controlled Drugs and Substances Act — C-38.8 35
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.
Controlled Drugs and Substances Act — C-38.8 36
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.
Controlled Drugs and Substances Act — C-38.8 37
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.
Controlled Drugs and Substances Act — C-38.8 38
Proof of service 38 Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
Controlled Drugs and Substances Act — C-38.8 39
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 .
Controlled Drugs and Substances Act — C-38.8 40
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.
Controlled Drugs and Substances Act — C-38.8 41
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.
Controlled Drugs and Substances Act — C-38.8 42
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).
Controlled Drugs and Substances Act — C-38.8 43
Offence for contravention of order 43 Every person commits an offence who contravenes an order or an interim order made under this Part.
Controlled Drugs and Substances Act — C-38.8 44
Designation of analysts 44 The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(o), any person as an analyst for the purposes of this Act and the regulations.
Controlled Drugs and Substances Act — C-38.8 45
Analysis 45 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person. Report (2) An analyst who has made an analysis or examination under subsection (1) may prepare a certificate or report stating that the analyst has analysed or examined a substance or a sample thereof and setting out the results of the analysis or examination. 1996, c. 19, s. 45; 2017, c. 7, s. 29
Controlled Drugs and Substances Act — C-38.8 45.1
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
Controlled Drugs and Substances Act — C-38.8 45.2
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
Controlled Drugs and Substances Act — C-38.8 45.3
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
Controlled Drugs and Substances Act — C-38.8 45.4
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
Controlled Drugs and Substances Act — C-38.8 45.5
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
Controlled Drugs and Substances Act — C-38.8 46
Penalty 46 Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation or an order made under section 45.1 or 45.2 (a) is guilty of an indictable offence and liable to a fine of not more than $5,000,000 or to imprisonment for a term not exceeding three years, or to both; or (b) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine of not more than $250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent offence, to a fine of not more than $500,000 or imprisonment for a term of not more than 18 months, or to both. 1996, c. 19, s. 46; 2017, c. 7, s. 33; 2018, c. 16, s. 200
Controlled Drugs and Substances Act — C-38.8 46.1
Offence of making false or deceptive statements 46.1 No person shall knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any book, record, return or other document however recorded, required to be maintained, made or furnished under this Act or the regulations. 2017, c. 7, s. 34
Controlled Drugs and Substances Act — C-38.8 46.2
Compliance with terms and conditions 46.2 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions. 2017, c. 7, s. 34