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PART V
ADMINISTRATIVE ORDERS FOR CONTRAVENTIONS OF DESIGNATED REGULATIONS
DESIGNATION OF REGULATIONS
 33. The Governor in Council may, by regulation, designate any regulation made under this Act (in this Part referred to as a “designated regulation”) as a regulation the contravention of which shall be dealt with under this Part.
CONTRAVENTION OF DESIGNATED REGULATION
 34. Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation, the Minister shall
(a) in the prescribed manner, serve a notice to appear on the person; and
(b) send a copy of the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.
INTERIM ORDER
 35. (1) Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation and the Minister is of the opinion that, as a result of that contravention, there is a substantial risk of immediate danger to the health or safety of any person, the Minister may, without giving prior notice to the person believed to have contravened the designated regulation, make an interim order in respect of the person
(a) prohibiting the person from doing anything that the person would otherwise be permitted to do under their licence, permit or authorization, or
(b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the interim order,
and may, for that purpose, suspend, cancel or amend the licence, permit or authorization issued or granted to the person or take any other measures set out in the regulations.
Interim order
(2) Where the Minister makes an interim order under subsection (1), the Minister shall forthwith
(a) in the prescribed manner, serve the interim order on the person;
(b) in the prescribed manner, serve a notice to appear on the person; and
(c) send a copy of the interim order and the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.
HEARING BY ADJUDICATOR
 36. (1) Where an adjudicator receives from the Minister a copy of a notice to appear under paragraph 34(b) or 35(2)(c), the adjudicator shall conduct a hearing on a date to be fixed by the adjudicator at the request of the person on whom the notice was served, on two days notice being given to the adjudicator, which hearing date may not
(a) in the case of a notice served under paragraph 34(a), be less than thirty days, or more than forty-five days, after the day of service of the notice; or
(b) in the case of a notice served under paragraph 35(2)(b), be less than three days, or more than forty-five days, after the day of service of the notice.
Change of hearing date
(2) Where the adjudicator is unable to conduct a hearing on the date referred to in subsection (1), the adjudicator shall forthwith notify the person and fix, for the purpose of holding the hearing, the earliest possible date to which the adjudicator and the person agree.
Proceedings on default
(3) Where an adjudicator has received a copy of a notice to appear referred to in subsection (1) and where the person on whom the notice is served has not requested a date for a hearing within forty-five days after the notice was served on that person, or where the person, having requested a hearing, fails to appear for the hearing, the adjudicator shall proceed to make a determination in the absence of the person.
Time and place
(4) An adjudicator may, subject to the regulations, determine the time and place of any hearing or other proceeding under this Part.
NOTICE TO APPEAR
 37. A notice to appear served on a person under paragraph 34(a) or 35(2)(b) shall
(a) specify the designated regulation that the Minister believes the person has contravened;
(b) state the grounds on which the Minister believes the contravention has occurred;
(c) state that the matter has been referred to an adjudicator for a hearing to be conducted on a date within the applicable period described in paragraph 36(1)(a) or (b); and
(d) set out such other information as is prescribed.
PROOF OF SERVICE
 38. Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
POWERS OF ADJUDICATOR
 39. For the purposes of this Act, an adjudicator has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act.
HEARING PORCEDURE
 40. An adjudicator shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
DETERMINATION BY ADJUDICATOR
 41. (1) An adjudicator shall, after the conclusion of a hearing referred to in subsection 36(1) or a proceeding referred to in subsection 36(3), within the prescribed time, make a determination that the person who is the subject of the hearing or proceeding contravened or did not contravene the designated regulation.
Notice of determination
(2) Where an adjudicator has made a determination under subsection (1), the adjudicator shall
(a) forthwith notify the person and the Minister of the adjudicator’s determination and the reasons; and
(b) where the adjudicator has determined that the person has contravened the designated regulation, notify the person of the opportunity to make representations to the Minister in writing in accordance with the regulations and within the prescribed time.
Ministerial orders
(3) Where an adjudicator has made a determination referred to in paragraph (2)(b) and the Minister has considered the determination and any representations referred to in that paragraph, the Minister shall forthwith make an order
(a) prohibiting the person from doing anything that they would, if they were in compliance with the designated regulation, be permitted to do, or
(b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the order,
and may, for that purpose, suspend, cancel or amend any licence, permit or authorization issued or granted to the person under the regulations or take any other measures set out in the regulations.
Ministerial orders
(4) An order made under subsection (3) shall be served on the person to whom it is directed in the prescribed manner.
EFFECT OF ORDER
 42. (1) An interim order made under subsection 35(1) and an order made under subsection 41(3) have effect from the time that they are served on the person to whom they are directed.
Cessation of effect
(2) An interim order that was made in respect of a person believed to have contravened a designated regulation ceases to have effect
(a) where the Minister makes an order under subsection 41(3), at the time the order is served on the person; and
(b) where an adjudicator has determined that the person did not contravene the designated regulation, at the time the adjudicator makes the determination.
Application to revoke order
(3) A person in respect of whom an order was made under subsection 41(3) may make an application in writing to the Minister in accordance with the regulations to revoke the order.
Revocation of order
(4) The Minister may, in the prescribed circumstances, revoke, in whole or in part, any order made under subsection 41(3).
OFFENCE FOR CONTRAVENTION OF ORDER
 43. Every person commits an offence who contravenes an order or an interim order made under this Part.
PART VI
GENERAL
Analysis
DESIGNATION OF ANALYSTS
 44. The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(o), any person as an analyst for the purposes of this Act and the regulations.
ANALASYS
 45. (1) An inspector or peace officer may submit to an analyst for analysis or examination any substance or sample thereof taken by the inspector or peace officer.
Report
(2) An analyst who has made an analysis or examination under subsection (1) may prepare a certificate or report stating that the analyst has analysed or examined a substance or a sample thereof and setting out the results of the analysis or examination.
Offence and Punishment
PENALTY
 46. Every person who contravenes a provision of this Act for which punishment is not otherwise provided or a regulation, other than a designated regulation within the meaning of Part V,
(a) is guilty of an indictable offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years, or to both; or
(b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.
Evidence and Procedure
LIMITATION
 47. (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2), section 43 or the regulations shall be commenced after the expiration of one year after the time when the subject-matter of the proceedings arose.
Venue
(2) Proceedings in respect of a contravention of any provision of this Act or the regulations may be held in the place where the offence was committed or where the subject-matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.
BURDEN OF PROVING EXCEPTION, etc.
 48. (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or the regulations or under section 463, 464 or 465 of the Criminal Code in respect of such an offence.
Burden of proving exception, etc.
(2) In any prosecution under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit or other qualification does not operate in favour of the accused, whether or not the qualification is set out in the information or indictment.
COPIES OF DOCUMENTS
 49. (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or pursuant to a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 48(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the person purporting to have certified it.
Authentication
(2) For the purposes of subsection (1), an engraved, lithographed, photocopied, photographed, printed or otherwise electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.
Evidence inadmissible under this section
(3) Nothing in subsection (1) renders admissible in evidence in any legal proceeding such part of any record as is proved to be a record made in the course of an investigation or inquiry.
CERTIFICATE ISSUED PURSUANT TO REGULATIONS
 50. (1) Subject to subsection (2), any certificate or other document issued pursuant to regulations made under paragraph 55(2)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the person purporting to have certified it.
Certificate issued pursuant to regulations
(2) The defence may, with leave of the court, require that the person who issued the certificate or other document
(a) produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or
(b) appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.
CERTIFICATE OF ANALST
 51. (1) Subject to this section, a certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or the regulations or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.
Attendance of analyst
(2) The party against whom a certificate or report of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.
Notice
(3) Unless the court otherwise orders, no certificate or report shall be received in evidence under subsection (1) unless the party intending to produce it has, before its production at trial, given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
PROOF OF NOTICE
 52. (1) For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the oral evidence of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document.
Proof of notice
(2) Notwithstanding subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.
CONTINUITY OF PSSESSION
 53. (1) In any proceeding under this Act or the regulations, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or the affidavit or solemn declaration of, the person claiming to have had it in their possession.
Alternative method of proof
(2) Where an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.
Copies of records, books or documents
 54. Where any record, book, electronic data or other document is examined or seized under this Act or the regulations, the Minister, or the officer by whom the record, book, electronic data or other document is examined or seized, may make or cause to be made one or more copies thereof, and a copy of any such record, book, electronic data or other document purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, book, electronic data or other document would have had if it had been proved in the ordinary way.
Regulations, Exemptions and Disqualifications
REGULATIONS
 55. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act and, without restricting the generality of the foregoing, may make regulations
(a) governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession or obtaining of or other dealing in any controlled substances or precursor or any class thereof;
(b) respecting the circumstances in which, the conditions subject to which and the persons or classes of persons by whom any controlled substances or precursor or any class thereof may be imported into Canada, exported from Canada, produced, packaged, sent, transported, delivered, sold, provided, administered, possessed, obtained or otherwise dealt in, as well as the means by which and the persons or classes of persons by whom such activities may be authorized;
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
(d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a specified quantity of a substance included in Schedule I, II, III, IV, V or VI or any class thereof;
(e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);
(f) respecting the method of production, preservation, testing, packaging or storage of any controlled substance or precursor or any class thereof;
(g) respecting the premises, processes or conditions for the production or sale of any controlled substance or any class thereof, and deeming such premises, processes or conditions to be or not to be suitable for the purposes of the regulations;
(h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;
(i) prescribing standards of composition, strength, concentration, potency, purity or quality or any other property of any controlled substance or precursor;
(j) respecting the labelling, packaging, size, dimensions, fill and other specifications of packages used for the importation into Canada, exportation from Canada, sending, transportation, delivery, sale or provision of or other dealing in any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
(k) respecting the distribution of samples of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
(l) controlling and limiting the advertising for sale of any controlled substance or precursor or any class thereof;
(m) respecting the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;
n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations;
(o) respecting the qualifications for analysts and their powers and duties;
(p) respecting the detention and disposal of or otherwise dealing with any controlled substance;
(q) respecting the disposal of or otherwise dealing with any precursor;
(r) respecting the taking of samples of substances under paragraph 31(1)(h);
(s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof
(i) to any provincial professional licensing authority, or
(ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;
(t) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document required or authorized under this Act or the regulations;
(u) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);
(v) prescribing forms for the purposes of this Act or the regulations;
(w) establishing classes or groups of controlled substances or precursors;
(x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;
(y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;
(z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and
(z.1) prescribing anything that, by this Act, is to be or may be prescribed.
Regulations pertaining to law enforcement
(2) The Governor in Council, on the recommendation of the 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 and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations
( a) authorizing the 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 for the purposes of this subsection;
( b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph ( a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;
( c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph ( a) for the purpose of exempting the member from the application of this Act or the regulations;
( d) respecting the detention, storage, disposal or otherwise dealing with any controlled substance or precursor;
( e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and
( f) prescribing forms for the purposes of the regulations.
Regulations pertaining to law enforcement under other Acts of Parliament
(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 other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force 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 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 for the purposes of this subsection;
( b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph ( a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;
( c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph ( a) for the purpose of exempting the member from the application of Part I or the regulations;
( d) respecting the detention, storage, disposal or other dealing with any controlled substance or precursor;
( e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and
( f) prescribing forms for the purposes of the regulations.
Incorporation by reference
(3) Any regulations made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time, and, in such a case, the reference shall be read accordingly.
1996, c. 19, s. 55; 2001, c. 32, s. 55; 2005, c. 10, s. 15.
EXEMPTION BY MINISTER
 56. The Minister may, on such terms and conditions as the Minister deems necessary, exempt any person or class of persons or any controlled substance or precursor or any class thereof from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.
Powers, duties and functions of Minister or Minister of Public Safety and Emergency Preparedness
 57. The Minister’s powers, duties or functions under this Act or the regulations — and those of the Minister of Public Safety and Emergency Preparedness under the regulations — may be exercised or performed by any person designated, or any person occupying a position designated, for that purpose by the relevant Minister.
1996, c. 19, s. 57; 2005, c. 10, s. 16.
Paramountcy of this Act and the regulations
 58. In the case of any inconsistency or conflict between this Act or the regulations made under it, and the Food and Drugs Act or the regulations made under that Act, this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.
Offence of making false or deceptive statements
 59. No person shall knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any book, record, return or other document however recorded, required to be maintained, made or furnished pursuant to this Act or the regulations.
Amendments to Schedules
SCHEDULES
 60. The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.
Subsections 1-3
Subsections 4-23
Subsections 24-32
Subsections 33-60 (This page)
Subsections 61-95
Schedule I
Schedule II-III
Schedule IV-V
Schedule VI-VIII
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