(z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and

    (z.1) prescribing anything that, by this Act, is to be or may be prescribed.

Regulations pertaining to law enforcement

(2) The Governor in Council, on the recommendation of the Solicitor General of Canada, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations

    (a) authorizing the Solicitor General of Canada, or the provincial minister responsible for policing in a province, to designate a police force within the Solicitor General's jurisdiction or the minister's jurisdiction, as the case may be, for the purposes of this subsection;

    (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;

    (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of this Act or the regulations;

    (d) respecting the detention, storage, disposal or otherwise dealing with any controlled substance or precursor;

    (e) respecting records, reports, electronic data or other documents in respect of 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.

Exemption by Minister

56. The Minister may, on such terms and conditions as the Minister deems necessary, exempt any person or class of persons or any controlled substance or precursor or any class thereof 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 or scientific purpose or is otherwise in the public interest.

Powers, duties and functions of Minister or Solicitor General of Canada

57. Any power, duty or function of

    (a) the Minister under this Act or the regulations, or

    (b) the Solicitor General of Canada under the regulations

may be exercised or performed by any person designated, or any person occupying a position designated, by the Minister or the Solicitor General, as the case may be, for that purpose.

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.

Offence of making false or deceptive statements

59. 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 pursuant to this Act or the regulations.

Amendments to Schedules

Schedules

60. The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.

PART VII

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Transitional Provisions

References to prior enactments

61. Any reference in a designation by the Solicitor General of Canada 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), 7 (production), 8 (possession of property obtained by certain offences) or 9 (laundering proceeds of certain offences) 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.

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 78 and 90 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.

Consequential Amendments

1992, c. 20

Corrections and Conditional Release Act

64. Items 1 and 2 of Schedule II to the Corrections and Conditional Release Act are replaced by the following:

1. An offence under any of the following provisions of the Controlled Drugs and Substances Act:

    (a) subsections 5(3) and (4) (trafficking);

    (b) subsection 6(3) (importing and exporting);

    (c) subsection 7(2) (production);

    (d) subsection 8(2) (possession of property obtained by certain offences); and

    (e) subsection 9(2) (laundering proceeds of certain offences).

R.S., c. C-46

Criminal Code

1991, c. 40, s. 12(1)

65. Paragraph 100(2)(c) of the Criminal Code

    (c) an offence described in subsection 5(3) or (4) or 6(3) of the Controlled Drugs and Substances Act,

R.S., c. 27 (1st Supp.), ss. 7(2), 23, c. 1 (2nd Supp.), s. 213(1) (Sch. I, item 2), c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.), s. 17, c. 42 (4th Supp.), s. 1

66. The definition ``offence'' in section 183 of the Act is amended

    (a) by striking out the reference to ``section 4 (trafficking), 5 (importing or exporting), 19.1 (possession of property obtained by certain offences) or 19.2 (laundering proceeds of certain offences) of the Narcotic Control Act,'' and by replacing it with a reference to ``section 5 (trafficking), 6 (importing and exporting), 7 (production), 8 (possession of property obtained by designated substance offences) or 9 (laundering proceeds of designated substance offences) of the Controlled Drugs and Substances Act''; and

    (b) by striking out the reference to ``section 39 (trafficking), 44.2 (possession of property obtained by trafficking in controlled substances), 44.3 (laundering proceeds of trafficking in controlled substances), 48 (trafficking), 50.2 (possession of property obtained by trafficking in restricted drugs) or 50.3 (laundering proceeds of trafficking in restricted drugs) of the Food and Drugs Act,''.

R.S., c. 50 (4th Supp.), s. 1

67. The definitions ``illicit drug'' and ``illicit drug use'' in section 462.1 of the Act are replaced by the following:

``illicit drug''
« drogue illicite »

``illicit drug'' means a controlled substance or precursor the import, export, production, sale or possession of which is prohibited or restricted pursuant to the Controlled Drugs and Substances Act;

``illicit drug use''
« utilisation de drogues illicites »

``illicit drug use'' means the importation, exportation, production, sale or possession of a controlled substance or precursor contrary to the Controlled Drugs and Substances Act or a regulation made under that Act;

R.S., c. 42 (4th Supp.), s. 2

68. (1) The definition ``designated drug offence'' in section 462.3 of the Act is repealed.

(2) Section 462.3 of the Act is amended by adding the following in alphabetical order:

``designated substance offence''
« infraction désignée »

``designated substance offence'' means

      (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act, or

      (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

R.S., c. 42 (4th Supp.), s. 2

69. Subsection 462.34(7) of the Act is replaced by the following:

Saving provision

(7) Section 354 of this Act and subsection 8(1) of the Controlled Drugs and Substances Act do not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).

70. The Act is amended by replacing the expression ``designated drug offence'' with the expression ``designated substance offence'', with such modifications as the circumstances require, in the following provisions:

    (a) subparagraphs (b)(i) and (ii) of the definition ``enterprise crime offence'' in section 462.3;

    (b) paragraphs (a) and (b) of the definition ``proceeds of crime'' in section 462.3;

    (c) paragraphs 462.31(1)(a) and (b);

    (d) subparagraph 462.34(6)(a)(i);

    (e) paragraph 462.34(6)(b);

    (f) section 462.39;

    (g) paragraph 462.41(3)(a);

    (h) paragraph 462.42(1)(a);

    (i) subsection 462.42(4);

    (j) section 462.47; and

    (k) paragraphs 462.48(1)(a) and (b).

1993, c. 45, s. 8(2)

71. (1) Subsection 515(4.1) of the Act is replaced by the following:

Additional conditions

(4.1) Before making an order under subsection (2), in the case of an accused who is charged with an offence in the commission of which violence against a person was used, threatened or attempted or an offence described in section 264 of this Act, or in subsection 5(3) or (4) or 6(3) of the Controlled Drugs and Substances Act, the justice shall consider whether it is desirable, in the interests of the safety of the accused or of any other person, to include as a condition of the order that the accused be prohibited from possessing any firearm or any ammunition or explosive substance for any period of time specified in the order and that the accused surrender any firearms acquisition certificate that the accused possesses, and where the justice decides that it is not desirable, in the interests of the safety of the accused or of any other person, for the accused to possess any of those things, the justice may add the appropriate condition to the order.

(2) Paragraph 515(6)(d) of the Act is replaced by the following:

    (d) with having committed an offence punishable by imprisonment for life under subsection 5(3) or (4) or 6(3) of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

72. Paragraph 553(c) of the Act is amended by striking out the word ``or'' at the end of subparagraph (vii) and by adding the following after subparagraph (viii):

      (ix) paragraph 4(4)(a) of the Controlled Drugs and Substances Act, or

      (x) subsection 5(4) of the Controlled Drugs and Substances Act.

1991, c. 43, s. 4

73. The heading before item 73 and items 73 to 77 of the schedule to Part XX.1, as enacted by section 4 of An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof, being chapter 43 of the Statutes of Canada, 1991, are replaced by the following: