This enactment amends the Controlled Drugs and Substances Act to, among other things,

It makes related amendments to the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to repeal provisions that prevent customs officers from opening mail that weighs 30 grams or less.

It also makes other related amendments to the Criminal Code and the Seized Property Management Act.

Preamble

Whereas Parliament recognizes that the objectives of the Controlled Drugs and Substances Act (“the Act”) are the protection of public health and the maintenance of public safety;

Whereas the Act protects public health by providing mechanisms to regulate or otherwise authorize activities in relation to controlled substances and the precursors that are used to make them in order to allow access for legitimate medical, scientific or industrial purposes;

Whereas harm reduction is an important component of a comprehensive, compassionate and evidence-based drug policy that complements prevention, treatment and enforcement measures;

Whereas the Act maintains public safety by restricting activities in relation to controlled substances and precursors, including possession, trafficking, importing, exporting and production, and by establishing associated criminal offences and penalties;

And whereas the illicit market for controlled substances and precursors is evolving and serious public health and safety concerns have emerged since the Act was enacted;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

praticien Personne qui est autorisée à exercer dans une province la profession de médecin, de dentiste ou de vétérinaire en vertu des lois de la province et est inscrite sous le régime de ces lois. Y sont assimilées toute autre personne ou catégorie de personnes désignées par règlement.‍ (practitioner)

produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including 

traffic means, in respect of a substance included in any of Schedules I to V, 

customs office has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)

designated device means a device included in Schedule IX; (instrument désigné)

chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

non-chemical offence-related property means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)

Trafficking in substance

5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.

Possession for purpose of trafficking

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.

• (D) a, au cours des dix dernières années, été condamnée pour une infraction désignée ou purgé une peine d’emprisonnement relativement à une telle infraction,

• (b) if the subject matter of the offence is a substance included in Schedule III or V,

Interpretation

(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.

• (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

• (c) if the subject matter of the offence is a substance included in Schedule IV,

Production of substance

7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

• (a.‍1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

• (b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

• (c) if the subject matter of the offence is a substance included in Schedule III or V,

Possession, sale, etc.‍, for use in production of or trafficking in substance

7.‍1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used

• (a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or

• (b) to traffic in a controlled substance.

Punishment

(2) Every person who contravenes subsection (1)

• (a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,

  • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or

  • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and

• (b) if the subject matter of the offence is a substance included in Schedule IV,

  • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than three years, or

  • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.

Circonstances à prendre en considération

(2) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction désignée — autre qu’une infraction pour laquelle il est tenu d’imposer une peine minimale d’emprisonnement — est tenu de considérer toute circonstance aggravante pertinente, notamment le fait que cette personne, selon le cas :

• (iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or

• (iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;

• b) a déjà été condamnée pour une infraction désignée;

• (c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence.

Programme judiciaire de traitement de la toxicomanie

(4) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction prévue par la présente partie peut reporter la détermination de la peine :

Effect of endorsement

(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to dispose of or otherwise deal with the things seized in accordance with the law.

Report of seizure, finding, etc.

12.‍1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property shall, within 30 days,

• (a) prepare a report setting out

  • (i) the substance, precursor or property,

  • (ii) the amount of it that was seized, found or acquired,

  • (iii) the place where it was seized, found or acquired,

  • (iv) the date on which it was seized, found or acquired,

  • (v) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs,

  • (vi) the number of the file or police report related to the seizure, finding or acquisition, and

  • (vii) any other prescribed information;

• (b) cause the report to be sent to the Minister; and

• (c) in the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, cause a copy of the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

PART III 

Disposition

Sections 489.‍1 and 490 of Criminal Code applicable

(2) If a thing seized under this Act is non-chemical offence-related property, sections 489.‍1 and 490 of the Criminal Code apply subject to sections 16 to 22 and subsections 31(6) to (9) of this Act.

Provisions of this Act applicable

(3) If a controlled substance, precursor or chemical offence-related property is seized under this Act, any other Act of Parliament or a power of seizure at common law, the provisions of this Act and the regulations apply in respect of that substance, precursor or property.

Recognizance

(4) If, under this section, an order is made in accordance with paragraph 490(9)‍(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

Division 1 

Non-chemical Offence-related Property

Restraint Orders

Application for restraint order

14 (1) The Attorney General may make an application in accordance with this section for a restraint order in respect of any non-chemical offence-related property.

Procedure

(2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters:

• (a) the offence to which the property relates;

• (b) the person who is believed to be in possession of the property; and

• (c) a description of the property.

Restraint order

(3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order other than in the manner that is specified in the order.

Sections 489.‍1 and 490 of Criminal Code applicable

15 (1) Subject to sections 16 to 22, sections 489.‍1 and 490 of the Criminal Code apply, with any modifications that the circumstances require, to any property that is the subject of a restraint order made under section 14.

Recognizance

(2) If, under this section, an order is made in accordance with paragraph 490(9)‍(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

Management Orders

Management order

15.‍1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 11 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are of the opinion that the circumstances so require,

• (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

• (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

Appointment of Minister of Public Works and Government Services

(2) If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

Power to manage

(3) The power to manage or otherwise deal with property under subsection (1) includes

• (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

• (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

• (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8).

Application for destruction order

(4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

Notice required before destruction

(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

Manner of giving notice

(6) A notice shall

• (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

• (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

Destruction order

(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Application for forfeiture order

(8) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

• (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

• (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

• (c) during that period, no one makes such an application.

When management order ceases to have effect

(9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

For greater certainty

(10) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Application to vary conditions

(11) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

Forfeiture

Forfeiture of property

16 (1) Subject to sections 18 to 19.‍1, if a person is convicted, or discharged under section 730 of the Criminal Code, of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court shall

• (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

• (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.

Property related to other offences

(2) Subject to sections 18 to 19.‍1, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated substance offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

Appeal

(3) A person who has been convicted or discharged of a designated substance offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

• (a) beyond a reasonable doubt that any property is non-chemical offence-related property,

• (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and

Who may dispose of forfeited property

(4) For the purposes of subsection (2),

• (a) if the proceedings referred to in paragraph (2)‍(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

• (b) in any other case, the judge shall order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph.

Voidable transfers

18 A court may, before ordering that property be forfeited under subsection 16(1) or 17(2), set aside any conveyance or transfer of the property that occurred after the property was seized or restrained, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

Manner of giving notice

(2) A notice shall

• (a) be given in the manner that the court directs or that may be specified in the rules of the court;

• (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

Notice

19.‍1 (1) If all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted, or discharged under section 730 of the Criminal Code, of the indictable offence under this Act in relation to which the property would be forfeited.

• (a) be given in the manner that the court directs or that may be specified in the rules of the court;

• (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

Non-forfeiture of real property

(3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted, or discharged under section 730 of the Criminal Code, of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

• (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and

Application

20 (1) If any property is forfeited to Her Majesty under an order made under subsection 16(1) or 17(2), any person who claims an interest in the property, other than

• (a) in the case of property forfeited under an order made under subsection 16(1), a person who was convicted, or discharged under section 730 of the Criminal Code, of the designated substance offence in relation to which the property was forfeited,

Division 2 

Controlled Substances, Precursors and Chemical Offence-related Property

Return

23 (1) A peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property may return it to the person who is its lawful owner or who is lawfully entitled to its possession if the peace officer, inspector or prescribed person is satisfied

• (a) that there is no dispute as to who is the lawful owner or is lawfully entitled to possession of the substance, precursor or property; and

• (b) that the continued detention of the substance, precursor or property is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.

Receipt

(2) When the substance, precursor or property is returned, the peace officer, inspector or prescribed person shall obtain a receipt for it.

Report by peace officer

(3) In the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, the peace officer shall make a report about the return to the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

Application for return

24 (1) If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.

Order to return as soon as practicable

(2) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property and the Attorney General does not indicate that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned as soon as practicable to the applicant.

Order to return at specified time

(3) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property but the Attorney General indicates that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned to the applicant

• (a) on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to it has been commenced before that time; or

• (b) on the final conclusion of the proceeding or any other proceeding in relation to it, if the applicant is not found guilty in those proceedings of an offence committed in relation to it.

Forfeiture order

(4) If, on the hearing of an application made under subsection (1), a justice is not satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall order that it or the portion be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Payment of compensation in lieu

(5) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, but it was disposed of or otherwise dealt with under section 26, the justice shall order that an amount equal to its value be paid to the applicant.

Forfeiture if no application

25 If no application for the return of a controlled substance, precursor or chemical offence-related property has been made under subsection 24(1) within 60 days after the date of the seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Expedited disposition

26 If a precursor or chemical offence-related property — whose storage or handling poses a risk to health or safety — or a controlled substance, or a portion of any of them, is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion may be disposed of or otherwise dealt with by the Minister, a peace officer or a prescribed person in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Disposition following proceedings

27 Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court

• (i) if it is satisfied that the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or

• (ii) if it is satisfied that possession of the substance, precursor or property by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and

• (b) may, if it is not satisfied that the substance, precursor or property should be returned under subparagraph (a)‍(i) or (ii) or if possession of it by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is not known, order that it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Disposition with consent

28 If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the person who is its lawful owner may consent to its disposition, and when that consent is given, it or the portion is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Report of disposition

29 (1) Subject to the regulations, every peace officer, inspector or prescribed person who disposes of or otherwise deals with a controlled substance, precursor or chemical offence-related property under this Division shall, within 30 days, prepare a report setting out the following information and cause the report to be sent to the Minister:

• (a) the substance, precursor or property;

• (b) the amount of it that was disposed of or otherwise dealt with;

• (c) the manner in which it was disposed of or otherwise dealt with;

• (d) the date on which it was disposed of or otherwise dealt with;

• (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

• (f) the number of the file or police report related to the disposition of it or other dealing with it; and

• (g) any other prescribed information.

Interpretation

(2) For the purposes of subsection (1), dealing with a controlled substance, precursor or chemical offence-related property by a peace officer includes using it to conduct an investigation or for training purposes.

Certificate

(2) Every inspector shall be provided with a certificate of designation in a form established by the Minister and, on entering any place under subsection 31(1), shall, on request, produce the certificate to the person in charge of the place.

Powers of inspector

31 (1) Subject to subsection (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, referred to in subsection (1.‍1) and may for that purpose

• (a) open and examine any receptacle or package found in that place in which a controlled substance, precursor or designated device may be found;

• b) examiner toute chose trouvée sur les lieux et servant — ou susceptible de servir — à la production, à la conservation, à l’emballage ou à l’entreposage d’une substance désignée ou d’un précurseur;

• (c) examine any labels or advertising material or records, books, electronic data or other documents found in that place with respect to any controlled substance, precursor, or designated device other than the records of the medical condition of persons, and make copies thereof or take extracts therefrom;

• (g.‍1) take photographs and make recordings and sketches;

• (i) seize and detain, in accordance with this Part, any controlled substance, precursor, designated device or conveyance found in that place the seizure and detention of which the inspector believes on reasonable grounds are necessary;

• (j) order the owner or person having possession, care or control of any controlled substance, precursor, designated device or other thing to which the provisions of this Act or the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• (k) order the owner or person having possession, care or control of any conveyance that is found in that place and that the inspector believes on reasonable grounds contains a controlled substance, precursor or designated device to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• (l) order any person in that place to establish their identity to the inspector’s satisfaction; and

• (m) order a person who, at that place, conducts an activity to which the provisions of this Act or the regulations apply to stop or start the activity.

Place

(1.‍1) For the purposes of subsection (1), the inspector may only enter a place in which they believe on reasonable grounds

• (a) a controlled substance, precursor, designated device or document relating to the administration of this Act or the regulations is located;

• (b) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;

• (c) an activity to which the provisions of this Act or the regulations apply is being conducted; or

• (d) an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.

Means of telecommunication

(1.‍2) For the purposes of subsections (1) and (1.‍1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

Limitation — access by means of telecommunication

(1.‍3) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for any purpose referred to in subsection (1).

Person accompanying inspector

(1.‍4) An inspector may be accompanied by any other person that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

Entering private property

(1.‍5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1.‍1).

Warrant to enter dwelling-house

(2) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (3).

Authority to issue warrant

(3) A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (1)‍(a) to (m), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that

• (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsections (1) and (1.‍1);

• (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or the regulations; and

• (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.

Assistance to inspector

(5) The owner or other person in charge of a place entered by an inspector and every person found there shall give the inspector all reasonable assistance in that person’s power and provide the inspector with any information that the inspector may reasonably require.

Storage

(6) Anything that is seized and detained by an inspector under this section may, at the inspector’s discretion, be kept or stored at the place where it was seized or, at the inspector’s direction, be removed to any other proper place.

Notice

(7) An inspector who seizes anything under this section shall take any measures that are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurred notice of the seizure and of the location where the thing is being kept or stored.

Return by inspector

(8) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector shall notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, shall return the thing to that person.

Return or disposition by Minister

(9) Despite sections 24, 25 and 27, if a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned in accordance with subsection (8), it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Return or disposition by Minister

(9) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (8) or any of sections 24 to 27, it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Obstructing inspector

32 (1) No person shall, by act or omission, obstruct an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.

False statements

(2) No person shall knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.

Interdiction

(3) Il est interdit, sans l’autorisation de l’inspecteur, de déplacer les choses saisies, retenues ou emportées en application de l’article 31 ou d’en modifier l’état de quelque manière que ce soit.

PART V 

Administrative Monetary Penalties

Violation

Commission of violation

33 Every person who contravenes a provision designated by regulations made under paragraph 34(1)‍(a), or contravenes an order made under section 45.‍1 or 45.‍2 or reviewed under section 45.‍4, commits a violation and is liable to the penalty established in accordance with the provisions of this Act and the regulations.

Powers of the Governor in Council and the Minister

Regulations

34 (1) The Governor in Council may make regulations

• (a) designating as a violation that may be proceeded with in accordance with this Act the contravention of any specified provision of this Act — except a provision of Part I — or the regulations;

• (b) fixing a penalty, or a range of penalties, in respect of each violation;

• (c) classifying each violation as a minor violation, a serious violation or a very serious violation; and

• (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement.

Maximum penalty

(2) The maximum penalty for a violation is $30,000.

Criteria for penalty

35 Unless a penalty is fixed under paragraph 34(1)‍(b), the amount of a penalty shall, in each case, be determined taking into account

• (a) the history of compliance with the provisions of this Act or the regulations by the person who committed the violation;

• (b) the harm to public health or safety that resulted or could have resulted from the violation;

• (c) whether the person made reasonable efforts to mitigate or reverse the violation’s effects;

• (d) whether the person derived any competitive or economic benefit from the violation; and

• (e) any other prescribed criteria.

Notices of violation

36 The Minister may

• (a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and

• (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

Proceedings

Issuance of notice of violation

37 (1) If a person who is designated under paragraph 36(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that

• (a) sets out the person’s name;

• (b) identifies the alleged violation;

• (c) sets out the penalty for the violation that the person is liable to pay; and

• (d) sets out the particulars concerning the time and manner of payment.

Summary of rights

(2) A notice of violation shall clearly summarize, in plain language, the named person’s rights and obligations under this section and sections 38 to 43.‍7, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.

Penalties

Payment

38 (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty,

• (a) they are deemed to have committed the violation in respect of which the amount is paid;

• (b) the Minister shall accept that amount as complete satisfaction of the penalty; and

• (c) the proceedings commenced in respect of the violation under section 37 are ended.

Alternatives to payment

(2) Instead of paying the penalty set out in a notice of violation, the person named in the notice may, in the prescribed time and manner,

• (a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order or the provision to which the violation relates; or

• (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

Deeming

(3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice.

Compliance Agreements

Compliance agreements

39 (1) After considering a request under paragraph 38(2)‍(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

• (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

• (b) provide for the reduction, in whole or in part, of the penalty for the violation.

Deeming

(2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

Notice of compliance

(3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time

• (a) the proceedings commenced in respect of the violation under section 37 are ended; and

• (b) any security given by the person under the compliance agreement shall be returned to the person.

Notice of default

(4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that

• (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty, and, for greater certainty, subsection 34(2) does not apply in respect of that amount; or

• (b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.

Effect of notice of default

(5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount that they spent under the compliance agreement and

• (a) the person is liable to pay the amount set out in the notice; or

• (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 37 are ended.

Effect of payment

(6) If a person pays the amount set out in the notice of default in the prescribed time and manner,

• (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

• (b) the proceedings commenced in respect of the violation under section 37 are ended.

Refusal to enter into compliance agreement

40 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 38(2)‍(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.

Effect of payment

(2) If a person pays the amount referred to in subsection (1),

• (a) they are deemed to have committed the violation in respect of which the payment is made;

• (b) the Minister shall accept the amount as complete satisfaction of the penalty; and

• (c) the proceedings commenced in respect of the violation under section 37 are ended.

Deeming

(3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation.

Review by the Minister

Review — facts

41 (1) On completion of a review requested under paragraph 38(2)‍(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person who requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and the regulations, the Minister shall correct the amount.

Violation not committed — effect

(2) If the Minister determines under subsection (1) that the person who requested the review did not commit the violation, the proceedings commenced in respect of it under section 37 are ended.

Review — penalty

(3) On completion of a review requested under paragraph 38(2)‍(b) with respect to the amount of the penalty, the Minister shall determine whether the amount of the penalty was established in accordance with the provisions of this Act and the regulations and, if not, the Minister shall correct the amount.

Notice of decision

(4) The Minister shall cause a notice of any decision made under subsection (1) or (3) to be provided to the person who requested the review.

Payment

(5) The person is liable to pay, in the prescribed time and manner, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3).

Effect of payment

(6) If a person pays the amount referred to in subsection (5),

• (a) the Minister shall accept the amount as complete satisfaction of the penalty; and

• (b) the proceedings commenced in respect of the violation under section 37 are ended.

Written evidence and submissions

(7) The Minister shall consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and the regulations.

Enforcement

Debts to Her Majesty

42 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

• (a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;

• (b) every amount set out in a compliance agreement entered into with the Minister under subsection 39(1), from the time the compliance agreement is entered into;

• (c) the amount set out in a notice of default referred to in subsection 39(4), from the time the notice is provided; and

• (d) the amount of a penalty as set out in a decision of the Minister made under subsection 41(1) or (3), from the time the notice of that decision is provided.

Time limit

(2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

Debt final

(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 38 to 41.

Certificate of default

43 (1) Any debt referred to in subsection 42(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgments

(2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.

Rules About Violations

Certain defences not available

43.‍1 (1) A person named in a notice of violation does not have a defence by reason that the person

• (a) exercised due diligence to prevent the violation; or

• (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

Common law principles

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Burden of proof

43.‍2 In every case when the facts of a violation are reviewed by the Minister, he or she shall determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.

Violation by corporate officers, etc.

43.‍3 If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against under this Act.

Vicarious liability — acts of employees and agents

43.‍4 A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Continuing violation

43.‍5 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.

Other Provisions

Evidence

43.‍6 In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

Time limit

43.‍7 Proceedings in respect of a violation shall not be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.

How act or omission may be proceeded with

43.‍8 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Certification by Minister

43.‍9 A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.

Publication of information

43.‍91 The Minister may, for the purpose of encouraging compliance with the provisions of this Act and the regulations, publish information about any violation after proceedings in respect of it are ended.

Analysis

45 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person.

Ministerial Orders

Provision of information

45.‍1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors or a person who imports designated devices to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary

• (a) to verify compliance or prevent non-compliance with the provisions of this Act or the regulations; or

• (b) to address an issue of public health or safety.

Measures

45.‍2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.

Review officer

45.‍3 The Minister may designate any qualified individual or class of qualified individuals as review officers for the purpose of reviewing orders under section 45.‍4.

Request for review

45.‍4 (1) Subject to any other provision of this section, an order that is made under section 45.‍1 or 45.‍2 shall be reviewed on the written request of the person who was ordered to provide information or to take measures — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.

Contents of and time for making request

(2) The request shall state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided.

No authority to review

(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

Reasons for refusal

(4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.

Review initiated by review officer

(5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).

Order in effect

(6) An order continues to apply during a review unless the review officer decides otherwise.

Completion of review

(7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.

Extension of period for review

(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

Reasons for extension

(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.

Decision on completion of review

(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.

Written notice

(11) The person who made the request or, if there is no request, the person who was ordered to provide information or to take measures shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

Effect of amendment

(12) An order that is amended is subject to review under this section.

Statutory Instruments Act

45.‍5 The Statutory Instruments Act does not apply in respect of an order made under section 45.‍1 or 45.‍2.

Provision of information

45.‍1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors, who imports designated devices or who conducts other activities referred to in section 46.‍4 to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary

Measures

45.‍2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors or who conducts activities referred to in section 46.‍4 in relation to designated devices, to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.

Penalty

46 Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation or an order made under section 45.‍1 or 45.‍2

Prohibitions

Offence of making false or deceptive statements

46.‍1 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 under this Act or the regulations.

Compliance with terms and conditions

46.‍2 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.

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.

Importation of designated device

46.‍3 (1) No person shall import into Canada a designated device unless they register the importation with the Minister and the person imports it in accordance with the regulations.

• (g) any other prescribed information.

Designated device — prescribed activity

46.‍4 No person shall conduct a prescribed activity in relation to a designated device except in accordance with the regulations.

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.

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.

Regulations and Exemptions

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 applications and distribution of controlled substances and precursors and the enforcement of this Act, as well as the regulation of designated devices and, without restricting the generality of the foregoing, may make regulations

• b) régir les circonstances et les conditions dans lesquelles peuvent se faire les opérations visées à l’alinéa a), le mode d’autorisation de celles-ci, ainsi que les personnes ou catégories de personnes pouvant s’y livrer ou habilitées à les autoriser;

• (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences 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 of those substances;

• (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 substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;

• (d.‍1) authorizing the Minister to impose terms and conditions on any licence or any permit including existing licences or permits, and to amend those terms and conditions;

• (e) prescribing the fees payable on application for any of the licences or permits;

• f) régir les méthodes de production, la conservation, l’essai, l’emballage ou l’entreposage de toute substance désignée ou de tout précurseur, ou d’une de leurs catégories;

• h) régir les compétences requises des personnes qui, sous la supervision du titulaire d’une licence réglementaire délivrée à cette fin, s’adonnent à toute opération — notamment la production, la conservation, l’essai, l’emballage, l’entreposage, la vente ou la fourniture — portant sur toute substance désignée ou tout précurseur, ou sur une de leurs catégories;

• (m) respecting records, reports, electronic data or other documents in respect of controlled substances, precursors or designated devices that are required to be kept and provided by any person or class of persons;

• (n) respecting the qualifications for inspectors and their powers, duties and functions in relation to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations;

• (p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, designated device, offence-related property or conveyance;

• (s) respecting the collection, use, retention, disclosure and disposal of information;

• t) régir les modalités d’établissement, de signification ou de dépôt des notifications, avis, ordonnances, rapports ou autres documents prévus par la présente loi ou ses règlements ainsi que les modalités de preuve de leur signification;

• (u) authorizing the Minister to add to or delete from, by order, a schedule to Part J of the Food and Drug Regulations any item or portion of an item included in Schedule V;

• (w) establishing classes or groups of controlled substances, precursors or designated devices;

• (x) respecting the provision of information under section 45.‍1;

• (y) respecting the measures referred to in section 45.‍2;

• (y.‍1) respecting the review of orders under section 45.‍4;

• (z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance, precursor, designated device or any class of controlled substances, precursors or designated devices from the application of all or any of the provisions of this Act or the regulations;

• (z.‍01) respecting the registration of the importation of any designated device or class of designated devices, including the time that proof of registration must be provided; and

• (z.‍02) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, sale, provision, possession of or other dealing in any designated device or any class of designated devices;

• (z.‍03) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or class of licences or of any permit for the importation into Canada, exportation from Canada, sale, provision or possession of any designated device or class of designated devices; and

• (z.‍04) prescribing exportation from Canada, sale, provision, or possession of any designated device or any class of designated devices as activities for the purpose of section 46.‍4;

• (z.‍05) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any designated device or class of designated devices may be exported from Canada, sold, provided or possessed, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;

• (z.‍06) respecting the registration of activities in relation to any designated device or any class of designated devices for the purpose of section 46.‍4; and

• (c) respecting any information to be submitted to the Minister and the manner in which it is to be submitted;

• (d) respecting the circumstances in which an exemption may be granted;

• (e) respecting requirements in relation to an application for an exemption made under subsection 56.‍1(1); and

• (f) respecting terms and conditions in relation to an exemption granted under subsection 56.‍1(1).

Regulations pertaining to law enforcement

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

• (a) authorizing, for the purposes of this subsection,

  • (i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

  • (ii) the Minister of National Defence to designate military police;

• (b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under 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 or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of this Act or the regulations;

• (d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;

Regulations pertaining to law enforcement under other Acts

(2.‍1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations

• (a) authorizing, for the purposes of this subsection,

  • (i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

  • (ii) the Minister of National Defence to designate military police;

• (b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under 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 or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of Part I or the regulations;

• (d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;

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.

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.

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.

Miscellaneous

Schedules

60 The Governor in Council may, by order, amend any of Schedules I to IV and VI to 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.

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.

• (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

• (b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and

• (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8.‍1).

Application for destruction order

(5) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a judge of the Federal Court for a destruction order.

Notice

(6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the judge’s opinion, appears to have a valid interest in the property.

Manner of giving notice

(7) A notice shall

• (a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and

• (b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.

Destruction order

(8) A judge shall order that the property be destroyed if they are satisfied that the property has little or no financial or other value.

Forfeiture order

(8.‍1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

• (a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;

• (b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and

• (c) during that period, no one makes such an application.

When management order ceases to have effect

(9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

For greater certainty

(9.‍1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Confiscation

(5) S’il est convaincu, selon la prépondérance des probabilités, que les biens sont visés par les alinéas (1)a) ou b), le juge ordonne la confiscation des biens au profit de Sa Majesté; l’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

• (iv) section 7.‍1 (possession, sale, etc.‍, for use in production or trafficking),

• a) détenir — ou faire détenir — les biens saisis en prenant les précautions normales pour garantir leur préservation jusqu’à ce qu’il ait été statué à leur égard conformément au droit applicable;

• (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

• (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

• (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.‍1).

Application for destruction order

(4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

Notice

(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

• (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

• (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

Destruction order

(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(7.‍1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

• (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

• (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

• (c) during that period, no one makes such an application.

When management order ceases to have effect

(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

For greater certainty

(8.‍1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Order of forfeiture of property

462.‍37 (1) Subject to this section and sections 462.‍39 to 462.‍41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

Proceeds of crime — other offences

(2) If the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) was obtained through the commission of the designated offence of which the offender is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

Confiscation — circonstances particulières

(2.‍01) Dans le cas où le contrevenant est condamné pour une infraction mentionnée au paragraphe (2.‍02), le tribunal qui détermine la peine à infliger est tenu, sur demande du procureur général et sous réserve des autres dispositions du présent article et des articles 462.‍4 et 462.‍41, d’ordonner la confiscation au profit de Sa Majesté des biens du contrevenant précisés par le procureur général dans la demande et de prévoir dans l’ordonnance qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable, s’il est convaincu, selon la prépondérance des probabilités, de l’un ou l’autre des faits suivants :

• a) le contrevenant s’est livré, dans les dix ans précédant l’inculpation relative à l’infraction en cause, à des activités criminelles répétées visant à lui procurer, directement ou indirectement, un avantage matériel, notamment pécuniaire;

• b) le revenu du contrevenant de sources non liées à des infractions désignées ne peut justifier de façon raisonnable la valeur de son patrimoine.

• (b) that property was obtained through the commission of a designated offence in respect of which proceedings were commenced, and

L’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

Manner of giving notice

(2) A notice shall

• (a) be given in the manner that the court directs or that may be specified in the rules of the court;

• (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

• toutefois, si le saisi ou la personne qui l’a remis à l’administrateur n’en avait pas la possession légitime et si le véritable propriétaire ou la personne qui a droit à sa possession légitime est inconnu, le juge peut en ordonner la confiscation au profit de Sa Majesté, l’ordonnance prévoyant qu’il est disposé du bien selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

en cas d’illégalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ou si nul n’en avait la possession au moment de la saisie, et lorsque ne sont pas connus le propriétaire légitime ni la personne ayant droit à la possession de cette chose, le juge peut en outre ordonner qu’elle soit confisquée au profit de Sa Majesté; il en est alors disposé selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

Order of forfeiture of property on conviction

490.‍1 (1) Subject to sections 490.‍3 to 490.‍41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall

• (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

• (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

Property related to other offences

(2) Subject to sections 490.‍3 to 490.‍41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

• (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

• (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

Manner of giving notice

(2) A notice shall

• (a) be given in the manner that the court directs or that may be specified in the rules of the court;

• (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

• (a) be given in the manner that the court directs or that may be specified in the rules of the court;

• (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

• (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

• (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

• (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.‍1).

Application for destruction order

(4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

Notice

(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

• (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

• (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

Destruction order

(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(7.‍1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

• (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

• (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

• (c) during that period, no one makes such an application.

When management order ceases to have effect

(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

For greater certainty

(8.‍1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

• b) confiscation au profit de Sa Majesté, si leur propriétaire légitime ou la personne qui a droit à leur possession légitime ne sont pas connus, pour qu’il en soit disposé selon que l’ordonne le procureur général ou autrement en conformité avec le droit applicable.

• (a) seized under a warrant issued under section 83.‍13, 462.‍32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.‍13(3), 462.‍331(2) or 490.‍81(2) of the Criminal Code or subsection 15.‍1(2) of the Controlled Drugs and Substances Act, as the case may be;

• (b) subject to a restraint order made under section 83.‍13, 462.‍33 or 490.‍8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.‍13(3), 462.‍331(2) or 490.‍81(2) of the Criminal Code or subsection 15.‍1(2) of the Controlled Drugs and Substances Act, as the case may be;

Transfer of property

5 (1) Every person who has control of any property that is subject to a management order issued under subsection 83.‍13(2), 462.‍331(1) or 490.‍81(1) of the Criminal Code, subsection 15.‍1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

• (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

• (b) the power to destroy, in accordance with subsections (2.‍1) to (2.‍4), property that has little or no value; and

• (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (2.‍5).

Notice

(2.‍2) Before making a destruction order, a court shall require notice in accordance with subsection (2.‍3) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

• (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

• (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

Destruction order

(2.‍4) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(2.‍5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and disposed of or otherwise dealt with in accordance with the law if

• (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

• (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

• (c) during that period, no one makes such an application.

When management order ceases to have effect

(3) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

For greater certainty

(4) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

1 Manual, semi-automatic or fully automatic device that may be used to compact or mould powdered, granular or semi-solid material to produce coherent solid tablets

2 Manual, semi-automatic or fully automatic device that may be used to fill capsules with any powdered, granular, semi-solid or liquid material