Controlled Drugs and Substances Act

This Act may be cited as the Controlled Drugs and Substances Act.

In this Act,

adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; (arbitre)

analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)

analyst means a person who is designated as an analyst under section 44; (analyste)

Attorney General means

the Attorney General of Canada, and includes their lawful deputy, or

with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)

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)

controlled substance means a substance included in any of Schedules I to IV or in Part 1 of Schedule V; (substance désignée)

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)

designated substance offence means

an offence under Part I, except subsection 4(1), or

a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

inspector means a person who is designated as an inspector under section 30; (inspecteur)

judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)

justice has the same meaning as in section 2 of the Criminal Code; (juge de paix)

Minister means the Minister of Health; (ministre)

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

offence-related property means, with the exception of a controlled substance, any property, within or outside Canada,

by means of or in respect of which a designated substance offence is committed,

that is used in any manner in connection with the commission of a designated substance offence, or

that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)

organization has the same meaning as in section 2 of the Criminal Code. (organisation)

person means an individual or an organization. (personne)

possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

practitioner means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)

precursor means a substance included in Part 2 of Schedule V or in Schedule VI; (précurseur)

prescribed means prescribed by the regulations; (Version anglaise seulement)

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 and includes offer to produce; (production)

manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,

provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir)

sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)

traffic means, in respect of a substance included in any of Schedules I to V, otherwise than under the authority of the regulations. (trafic)

to sell, administer, give, transfer, transport, send or deliver the substance,

to sell an authorization to obtain the substance, or

to offer to do anything mentioned in paragraph (a) or (b),

For the purposes of this Act,

a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

a reference to a controlled substance includes a reference to

all synthetic and natural forms of the substance, and

any thing that contains or has on it a controlled substance and that is used or intended or designed for use

in producing the substance, or

in introducing the substance into a human body.

For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.

Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

[Repealed, 2017, c. 7, s. 2]

Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

No person shall seek or obtain from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

a substance included in Schedule I, II, III or IV, or

an authorization to obtain a substance included in Schedule I, II, III or IV

Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

is guilty of an offence punishable on summary conviction and liable

for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

is guilty of an offence punishable on summary conviction and liable

for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

[Repealed, 2018, c. 16, s. 195]

Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

is guilty of an offence punishable on summary conviction and liable

for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Every person who contravenes subsection (2)

is guilty of an indictable offence and liable

to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,

to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or

to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or

is guilty of an offence punishable on summary conviction and liable

for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

[Repealed, 2018, c. 16, s. 195]

For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene.

The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.

No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.

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.

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

Every person who contravenes subsection (1) or (2)

if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

[Repealed, 2018, c. 16, s. 196]

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

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

where the subject-matter of the offence is a substance included in Schedule IV,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

[Repealed, 2012, c. 1, s. 39]

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.

[Repealed, 2018, c. 16, s. 196]

Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.

Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.

Every person who contravenes subsection (1) or (2)

if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

[Repealed, 2022, c. 15, s. 16]

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

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

if the subject matter of the offence is a substance included in Schedule IV,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

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

Every person who contravenes subsection (1)

if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

[Repealed, 2022, c. 15, s. 17]

[Repealed, 2018, c. 16, s. 197]

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

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

where the subject-matter of the offence is a substance included in Schedule IV,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

[Repealed, 2022, c. 15, s. 17]

No person shall possess, produce, sell, import or transport anything intending that it will be used

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

to traffic in a controlled substance.

Every person who contravenes subsection (1)

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

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

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

if the subject matter of the offence is a substance included in Schedule IV,

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

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

[Repealed, 2022, c. 15, s. 18]

Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends.

Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.

If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

in relation to the commission of the offence,

carried, used or threatened to use a weapon,

used or threatened to use violence,

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

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;

was previously convicted of a designated substance offence, as defined in subsection 2(1) of this Act, or a designated offence, as defined in subsection 2(1) of the Cannabis Act;

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.

If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.

A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender

to participate in a drug treatment court program approved by the Attorney General; or

to attend a treatment program under subsection 720(2) of the Criminal Code.

[Repealed, 2022, c. 15, s. 19]

The following principles apply in this Part:

problematic substance use should be addressed primarily as a health and social issue;

interventions should be founded on evidence-based best practices and should aim to protect the health, dignity and human rights of individuals who use drugs and to reduce harm to those individuals, their families and their communities;

criminal sanctions imposed in respect of the possession of drugs for personal use can increase the stigma associated with drug use and are not consistent with established public health evidence;

interventions should address the root causes of problematic substance use, including by encouraging measures such as education, treatment, aftercare, rehabilitation and social reintegration; and

judicial resources are more appropriately used in relation to offences that pose a risk to public safety.

A peace officer shall, instead of laying an information against an individual alleged to have committed an offence under subsection 4(1), consider whether it would be preferable, having regard to the principles set out in section 10.1, to take no further action, to warn the individual or, with the consent of the individual, to refer the individual to a program or to an agency or other service provider in the community that may assist the individual.

The failure of a peace officer to consider the options set out in subsection (1) does not invalidate any subsequent charges laid against the individual for the offence.

A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.1, the prosecutor is of the opinion that the use of a warning or referral under section 10.2, or of alternative measures as defined in section 716 of the Criminal Code, is not appropriate, and a prosecution is appropriate in the circumstances.

The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the individual warned or referred.

Any information contained in the record kept pursuant to subsection (1) may be made available to:

any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates;

any peace officer for any purpose related to the administration of the case to which the record relates; or

any member of a department or agency of a government in Canada, or any agent of that department or agency, that is

engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code, in respect of that person, or

preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates.

Information contained in the record, other than the identity of the person, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.

Evidence that an individual has received a warning or referral mentioned in subsection 10.2(1), evidence that a peace officer has taken no further action in respect of an offence under subsection 4(1) and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual.

Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day.

A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.

The Governor in Council may make regulations respecting the use, removal or destruction of records kept separate and apart referred to in subsections (1) and (2).