Bill C-7

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Third Reading

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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.
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.
Proof of service	38. Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
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.
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.
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.
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).
Offence for contravention of order	43. Every person commits an offence who contravenes an order or an interim order made under this Part.
	PART VI
	GENERAL
	Analysis
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.
Analysis	45. (1) An inspector or peace officer may submit to an analyst for analysis or examination any substance or sample thereof taken by the inspector or peace officer.
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.
	Offence and Punishment
Penalty	46. Every person who contravenes a provision of this Act for which punishment is not otherwise provided or a regulation, other than a designated regulation within the meaning of Part V,
	(a) is guilty of an indictable offence and liable to a fine not exceeding five thousand dollars 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 to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.
	Evidence and Procedure
Limitation	47. (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2), section 43 or the regulations shall be commenced after the expiration 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 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.
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.
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.
Authenticatio n	(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.
Certificate issued pursuant to regulations	50. (1) Subject to subsection (2), any certificate or other document issued pursuant to regulations made under paragraph 55(2)(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.
Certificate of analyst	51. (1) Subject to this section, 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 the regulations 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.
Notice	(3) Unless the court otherwise orders, no certificate or report shall be received in evidence under subsection (1) unless the party intending to produce it has, before its production at trial, given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
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.
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.
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.
	Regulations, Exemptions and Disqualifications
Regulations	55. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial uses and distribution of controlled substances and precursors and the enforcement of this Act and, without restricting the generality of the foregoing, may make regulations
	(a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;
	(b) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;
	(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
	(d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a specified quantity of a substance included in Schedule I, II, III, IV, V or any class thereof;
	(e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);
	(f) respecting the method of production, preservation, testing, packaging or storage of any controlled substance or precursor or any class thereof;
	(g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;
	(h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;
	(i) prescribing standards of composition, strength, concentration, potency, purity or quality or any other property of any controlled substance or precursor;
	(j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
	(k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
	(l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;
	(m) respecting the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;
	(n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations;
	(o) respecting the qualifications for analysts and their powers and duties;
	(p) respecting the detention and disposal of or otherwise dealing with any controlled substance;
	(q) respecting the disposal of or otherwise dealing with any precursor;
	(r) respecting the taking of samples of substances under paragraph 31(1)(h);
	(s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof
	(i) to any provincial professional licensing authority, or
	(ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;
	(t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;
	(u) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);
	(v) prescribing forms for the purposes of this Act or the regulations;
	(w) establishing classes or groups of controlled substances or precursors;
	(x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;
	(y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;

Bill C-7

PART VI

GENERAL

Analysis

Offence and Punishment

Evidence and Procedure

Regulations, Exemptions and Disqualifications