CONTROLLED DRUGS AND SUBSTANCES ACT

73. Subsections 4(3) and (4) - possession

74. Subsections 5(3) and (4) - trafficking

75. Subsection 6(3) - importing and
exporting

76. Subsection 7(2) - production

1992, c. 1, s. 58(1) (Sch. I, s. 12); 1993, c. 45, s. 10

74. (1) The definition ``sentence'' in section 673 of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):

      (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act;

(2) The definition ``sentence'' in section 673 of the Act, as enacted by section 5 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, is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act;

R.S., c. 23 (4th Supp.), s. 6

75. The portion of subsection 727.9(1) of the Act before paragraph (a) is replaced by the following:

Victim fine surcharge

727.9 (1) Subject to subsection (2), where an offender is convicted or discharged under section 736 of an offence under this Act or the Controlled Drugs and Substances Act, the court imposing sentence on or discharging the offender shall, in addition to any other punishment imposed on the offender, order the offender to pay a victim fine surcharge in an amount not exceeding

1992, c. 1, s. 58(1) (Sch. I, s. 16)

76. The definition ``sentence'' in section 785 of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act;

R.S., c. F-27

Food and Drugs Act

77. The portion of section 31 of the Food and Drugs Act before paragraph (a) is replaced by the following:

Contravention of Act and regulations

31. Every person who contravenes any of the provisions of this Act or of the regulations made under this Part is guilty of an offence and liable

78. Subsection 35(1) of the Act is replaced by the following:

Certificate of analyst

35. (1) Subject to this section, in any prosecution for an offence under section 31, a certificate purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it.

79. Subsection 36(1) of the Act is replaced by the following:

Proof as to manufacturer or packager

36. (1) In a prosecution for a contravention of this Act or of the regulations made under this Part, proof that a package containing any article to which this Act or the regulations apply bore a name or address purporting to be the name or address of the person by whom it was manufactured or packaged is, in the absence of evidence to the contrary, proof that the article was manufactured or packaged, as the case may be, by the person whose name or address appeared on the package.

80. Subsection 37(2) of the Act is repealed.

R.S., c. 27 (1st Supp.), ss. 193 to 195, and s. 203, c. 42 (4th Supp.), ss. 9 to 11; 1993, c. 37, ss. 22 to 24

81. Parts III and IV of the Act are repealed.

82. Schedules G and H to the Act are repealed.

R.S., c. I-1

Immigration Act

1992, c. 49, s. 11(1)

83. Paragraph 19(1)(c.2) of the Immigration Act is replaced by the following:

    (c.2) persons who there are reasonable grounds to believe are or were members of an organization that there are reasonable grounds to believe is or was engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence under the Criminal Code or Controlled Drugs and Substances Act that may be punishable by way of indictment or in the commission outside Canada of an act or omission that, if committed in Canada, would constitute such an offence, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest;

1991, c. 26

Proceeds of Crime (money laundering) Act

84. Section 2 of the Proceeds of Crime (money laundering) Act is replaced by the following:

Object of Act

2. The object of this Act is to establish record-keeping requirements in the financial field in order to facilitate the investigation and prosecution of offences under subsection 462.31(1) of the Criminal Code and subsection 9(1) of the Controlled Drugs and Substances Act.

1993, c. 37

Seized Property Management Act

85. The definitions ``designated drug offence'', ``offence-related property'' and ``seized property'' in section 2 of the Seized Property Management Act are replaced by the following:

``designated substance offence''
« infraction désignée »

``designated substance offence'' has the meaning given that expression by section 462.3 of the Criminal Code;

``offence-relat ed property''
« biens infractionnels »

``offence-related property'' has the meaning given that expression by subsection 2(1) of the Controlled Drugs and Substances Act;

``seized property''
« biens saisis »

``seized property'' means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated substance offence or enterprise crime offence;

86. (1) Paragraph 3(a) of the Act is replaced by the following:

    (a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated substance offences or enterprise crime offences, or property that is or may be proceeds of crime or offence-related property;

(2) Subparagraph 3(b)(i) of the Act is replaced by the following:

      (i) seized in connection with designated substance offences or enterprise crime offences,

87. Subsection 4(4) of the Act is replaced by the following:

Application of other Acts

(4) Nothing in this section precludes the operation of the Criminal Code, the Controlled Drugs and Substances Act or any other Act of Parliament in respect of any property that is in the possession or under the control of the Minister.

88. Subsection 6(1) of the Act is replaced by the following:

Application for management order

6. (1) The Attorney General, or any other person with the written consent of the Attorney General, may apply to any judge or justice for a management order in respect of any seized property, other than a controlled substance within the meaning of the Controlled Drugs and Substances Act.

89. (1) Paragraph 9(a) of the Act is replaced by the following:

    (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated substance offences or enterprise crime offences, or any property that is or may be proceeds of crime or offence-related property;

(2) Paragraph 9(b) of the Act is replaced by the following:

    (b) subject to the Criminal Code, the Controlled Drugs and Substances Act and any other Act of Parliament, manage any property referred to in any of subsections 4(1) to (3) in such manner as the Minister considers appropriate including, without restricting the generality of the foregoing, by advancing money at a commercial rate of interest to

      (i) maintain the ongoing operation of the property,

      (ii) satisfy the terms of any order concerning environmental, industrial, labour or property standards to which the property is subject, or

      (iii) make improvements to the property to preserve the property and its economic worth;

90. Paragraph 10(a) of the Act is replaced by the following:

    (a) the forfeiture to Her Majesty of any property pursuant to subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act,

91. Subparagraph 11(a)(i) of the Act is replaced by the following:

      (i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

92. Section 14 of the Act is replaced by the following:

Where costs are greater than proceeds

14. Where the proceeds of disposition available to Her Majesty from the forfeiture of any property pursuant to subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act are insufficient to cover the outstanding amounts charged to the Working Capital Account pursuant to subsection 12(2), and any interest thereon, in respect of the property, there shall be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.

93. Section 31 of the Act is repealed.

Repeal

R.S., c. N-1

Narcotic Control Act

Repeal of R.S., c. N-1

94. The Narcotic Control Act

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.