GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Controlled Drugs and Substances Act — C-38.8 46.3
Importation of designated device 46.3 (1) No person shall import into Canada a designated device unless they register the importation with the Minister. Information for registration (2) The following information shall be submitted to the Minister for the purpose of registering the importation of a designated device : (a) the name of the person importing the designated device or, if the person is a corporation, the corporate name and any other name registered with a province, under which the person carries out its activities or identifies itself; (b) the person’s address or, if the person is a corporation, the address of its primary place of business in Canada; (c) a description of the designated device, including the model number, serial number, and the brand name or trademark associated with it, if any; (d) the address where the designated device will be delivered as well as the street address of the premises where it will be used by the person importing it; (e) the name of the customs office where the importation is anticipated; and (f) the anticipated date of importation. Registration (3) After the Minister receives the information, the Minister shall register the importation and provide proof of the registration to the person importing the designated device. Proof of registration (4) The person importing the designated device shall provide the proof of the registration of its importation to the customs office at the time specified by the regulations or, if no time is specified by the regulations, at the time of importation. Refusal or cancellation (5) The Minister may refuse to register or cancel the registration of the importation of a designated device if the Minister believes on reasonable grounds that false or misleading information was provided, or it is necessary to do so to protect public health or safety or for any other prescribed reason. Disclosure of information — designated device (6) The Minister is authorized to disclose to the Canada Border Services Agency or an officer , as defined in section 2(1) of the Customs Act , any information submitted under subsection (2) for the purpose of verifying compliance with the provisions of this Act or the regulations. Disclosure of information to police force (7) The Minister is authorized to disclose any information submitted under subsection (2) to a Canadian police force or a member of a Canadian police force who requests the information in the course of an investigation under this Act. 2017, c. 7, s. 34
Controlled Drugs and Substances Act — C-38.8 47
Time limit 47 (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulations or in respect of a contravention of an order made under section 45.1 or 45.2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose. Venue (2) Proceedings in respect of a contravention of any provision of this Act or the regulations or of an order made under section 45.1 or 45.2 may be held in the place where the offence was committed or where the subject matter of the proceedings arose or in any place where the accused is apprehended or happens to be located. 1996, c. 19, s. 47; 2017, c. 7, s. 37
Controlled Drugs and Substances Act — C-38.8 48
Burden of proving exception, etc. 48 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or the regulations or under section 463, 464 or 465 of the Criminal Code in respect of such an offence. Burden of proving exception, etc. (2) In any prosecution under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit or other qualification does not operate in favour of the accused, whether or not the qualification is set out in the information or indictment.
Controlled Drugs and Substances Act — C-38.8 49
Copies of documents 49 (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or pursuant to a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 48(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the person purporting to have certified it. Authentication (2) For the purposes of subsection (1), an engraved, lithographed, photocopied, photographed, printed or otherwise electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection. Evidence inadmissible under this section (3) Nothing in subsection (1) renders admissible in evidence in any legal proceeding such part of any record as is proved to be a record made in the course of an investigation or inquiry.
Controlled Drugs and Substances Act — C-38.8 50
Certificate issued under regulations 50 (1) Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the person purporting to have certified it. Certificate issued pursuant to regulations (2) The defence may, with leave of the court, require that the person who issued the certificate or other document (a) produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or (b) appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document. 1996, c. 19, s. 50; 2018, c. 16, s. 201
Controlled Drugs and Substances Act — C-38.8 51
Certificate or report of analyst 51 (1) A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it. Attendance of analyst (2) The party against whom a certificate or report of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. (3) [Repealed, 2017, c. 7, s. 38] 1996, c. 19, s. 51; 2017, c. 7, s. 38
Controlled Drugs and Substances Act — C-38.8 52
Proof of notice 52 (1) For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the oral evidence of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document. Proof of notice (2) Notwithstanding subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.
Controlled Drugs and Substances Act — C-38.8 53
Continuity of possession 53 (1) In any proceeding under this Act or the regulations, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or the affidavit or solemn declaration of, the person claiming to have had it in their possession. Alternative method of proof (2) Where an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.
Controlled Drugs and Substances Act — C-38.8 54
Copies of records, books or documents 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.
Controlled Drugs and Substances Act — C-38.8 54.1
Advice of experts 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. 2018, c. 16, s. 202
Controlled Drugs and Substances Act — C-38.8 55
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 2024, c. 17, s. 413 2026, c. 4, s. 7 2026, c. 4, s. 22
Controlled Drugs and Substances Act — C-38.8 56
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
Controlled Drugs and Substances Act — C-38.8 56.1
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
Controlled Drugs and Substances Act — C-38.8 56.2
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
Controlled Drugs and Substances Act — C-38.8 57
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
Controlled Drugs and Substances Act — C-38.8 58
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.
Controlled Drugs and Substances Act — C-38.8 60
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
Controlled Drugs and Substances Act — C-38.8 60.1
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. Relevant information (3) In making an order under subsection (1) or (2), the Minister may take into account any relevant information provided by the Minister of Public Safety and Emergency Preparedness. Deletion of item or portion of item (4) An item or portion of an item is deleted from Schedule V on the earliest of (a) the day specified in an order made under subsection (2) in relation to that item or portion of an item, (b) the beginning of the day on which that item or portion of an item is added to any of Schedules I to IV and VI, and (c) the end of the period set out for the item in question. 2017, c. 7, s. 45 2026, c. 4, s. 8
Controlled Drugs and Substances Act — C-38.8 60.2
Amending schedules to regulations 60.2 The Governor in Council may make regulations authorizing the Minister (a) to add to or delete from, by order, any schedule to a regulation made under this Act any substance included in Schedule V to this Act; and (b) to make, by order, any other amendment to a schedule to a regulation made under this Act that is consequential or related to an addition or deletion referred to in paragraph (a). 2026, c. 4, s. 9
Controlled Drugs and Substances Act — C-38.8 61
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
Controlled Drugs and Substances Act — C-38.8 62
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.
Controlled Drugs and Substances Act — C-38.8 63
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.
Controlled Drugs and Substances Act — C-38.8 Coming into force
Coming into force * 95 This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force May 14, 1997, see SI/97-47.]
Controlled Drugs and Substances Act — C-38.8 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.
Controlled Drugs and Substances Act — C-38.8 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.
Controlled Drugs and Substances Act — C-38.8 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.
Controlled Drugs and Substances Act — C-38.8 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.
Controlled Drugs and Substances Act — C-38.8 416
Definitions 416 The following definitions apply in this section and sections 417 to 419 . commencement day means the day on which subsection 413 (4) and sections 414 and 415 come into force. ( date de référence ) previous version means the Controlled Drugs and Substances Act , as it reads immediately before commencement day. ( version antérieure ) 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 )
Controlled Drugs and Substances Act — C-38.8
commencement day means the day on which subsection 413 (4) and sections 414 and 415 come into force. ( date de référence )
Controlled Drugs and Substances Act — C-38.8
previous version means the Controlled Drugs and Substances Act , as it reads immediately before commencement day. ( version antérieure )
Controlled Drugs and Substances Act — C-38.8
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 )
Controlled Drugs and Substances Act — C-38.8 417
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.
Controlled Drugs and Substances Act — C-38.8 418
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.
Controlled Drugs and Substances Act — C-38.8 419
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.
Controlled Drugs and Substances Act — C-38.8 1
1 (1) The definition adjudicator in subsection 2(1) of the Controlled Drugs and Substances Act is repealed.