Bill C-7
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| Regulations
pertaining to
law
enforcement
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(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
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| Incorporation
by reference
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(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.
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| Exemption by
Minister
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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.
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| Powers, duties
and functions
of Minister or
Solicitor
General of
Canada
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57. Any power, duty or function of
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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.
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| Paramountcy
of this Act
and the
regulations
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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.
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| Offence of
making false
or deceptive
statements
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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.
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Amendments to Schedules |
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| Schedules
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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.
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PART VII |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
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Transitional Provisions |
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| References to
prior
enactments
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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.
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| Sentences for
prior offences
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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.
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| Application of
increased
punishment
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(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.
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| Validation
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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.
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Consequential Amendments |
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| 1992, c. 20
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Corrections and Conditional Release Act
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64. Items 1 and 2 of Schedule II to the
Corrections and Conditional Release Act are
replaced by the following:
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1. An offence under any of the following
provisions of the Controlled Drugs and
Substances Act:
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| R.S., c. C-46
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Criminal Code
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| 1991, c. 40,
s. 12(1)
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65. Paragraph 100(2)(c) of the Criminal
Code
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| 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
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66. The definition ``offence'' in
section 183 of the Act is amended
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| R.S., c. 50
(4th Supp.),
s. 1
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67. The definitions ``illicit drug'' and
``illicit drug use'' in section 462.1 of the Act
are replaced by the following:
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| ``illicit drug'' « drogue illicite »
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``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;
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| ``illicit drug
use'' « utilisation de drogues illicites »
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``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;
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| R.S., c. 42
(4th Supp.),
s. 2
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68. (1) The definition ``designated drug
offence'' in section 462.3 of the Act is
repealed.
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(2) Section 462.3 of the Act is amended by
adding the following in alphabetical order:
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| ``designated
substance
offence'' « infraction désignée »
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``designated substance offence'' means
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| R.S., c. 42
(4th Supp.),
s. 2
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69. Subsection 462.34(7) of the Act is
replaced by the following:
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| Saving
provision
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(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).
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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:
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| 1993, c. 45,
s. 8(2)
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71. (1) Subsection 515(4.1) of the Act is
replaced by the following:
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| Additional
conditions
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(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.
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(2) Paragraph 515(6)(d) of the Act is
replaced by the following:
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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):
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| 1991, c. 43,
s. 4
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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:
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