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Laws and Regulations Promulgated to Give Effect to the Provisions of the International Treaties on Narcotic Drugs and Psychotropic Substances

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Laws and Regulations Promulgated to Give Effect to the Provisions of the International Treaties on Narcotic Drugs and Psychotropic Substances UNITED NATIONS E/NL.1980/45-48* 12 November I984 ENGLISH ONLY Original: ENGLISH AND LAWS AND REGULATIONS PROMULGATED TO GIVE EFFECT TO THE PROVISIONS OF THE INTERNATIONAL TREATIES ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES In accordance with the relevant articles of the international treaties on narcotic drugs and psychotropic substances, the Secretary-General has the honour to communicate the following legislative texts. CANADA Communicated "by the Government of Canada NOTE BY THE SECRETARIAT a) Internationa! non-proprietary names in the text have been underlined by the Secretariat. b) Some editing of texts may be done by the Secretariat in the interest of clarity. In this connection, words in square brackets [ ] have been added or changed by the Secretariat. c) Only passages directly relevant to the control of narcotic drugs or psycho• tropic substances have been reproduced in thjs document. Non-relevant parts of laws and regulations have been deleted by the Secretariat; such deletions are indicated by [...]. INDEX Page E/NL.1980/45 Narcotic Control Act, amended by 1978-79 1 E/NL.1980/46 Narcotic Control Regulations, amended by P.C. 1978-444 16 E/NL.1980/47 Food and Drugs Act, amended by 1976-77 37 E/NL.1980/48 Food and Drugs Regulations, amended by C.R.C. 870, Part G 54 and P.C. 1979-2831, Part J Office Consolidation E/NL.1980/45 February 1980 NARCOTIC CONTROL ACT 1/ Amended 1978-79 CHAPTER N-l AN ACT TO PROVIDE FOR THE CONTROL OF NARCOTIC DRUGS Short Title 1. This Act may be cited as the Narcotic Control Act. Short title 1960-61, c. 35, s. 1. Interpretation 2. In this Act Definitions "analyst" means a person designated as an analyst under "analyst" the Food and Drugs Act or under this Act; "analyste" * Authentic texts in French were also transmitted by the Government of Canada and are available from the Secretariat on request. V.8H 8060U E/NL.1980/45-48 Page 2 E/NL.1980/45-48 Page 3 (b) upon conviction on indictment, to imprisonment for seven years. 1960-61, c. 35, s. 3; 1968-69, c. 41, s. 12. 4. (1) No person shall traffic in a narcotic or any Trafficking substance represented or held out by him to be a narcotic, (2) No person shall have in his possession any Possession for purpose narcotic for the purpose of trafficking. of trafficking (3) Every person who violates subsection (1) or (2) Offence is guilty of an indictable offence and is liable to imprisonment for life. 1960-61, c. 35, s. 4. 5. (1) Except as authorized by this Act or the Importing and exporting regulations, no person shall import into Canada or export from Canada any narcotic. (2) Every person who violates subsection (1) Offence is guilty of an indictable offence and is liable to imprisonment for life but not less than seven years. 1960-61, c. 35, s. 5. 6. (1) No person shall cultivate opium poppy or Cultivation of opium marihuana except under authority of and in accordance poppy or marihuana with a licence issued to him under the regulations. (2) Every person who violates subsection (1) is Offence guilty of an indictable offence and is liable to imprisonment for seven years. (3) The Minister may cause to be destroyed any Destruction of plant growing plant of opium poppy or marihuana cultivated otherwise than under authority of and in accordance with a licence issued under the regulations. 1960-61, c.35,s.6. Prosecutions 7. (1) No exception, exemption, excuse or Burden of proving qualification prescribed by law is required exception, etc. to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 421, 422 or 423 of the Criminal Code in respect of an offence under this Act. (2) In any prosecution under this Act the burden of Idem proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, excuse or qualification does hot operate in favour of the accused, whether or not it is set out in the information or indictment. 1960-61, c. 35, s. 7. 8. In any prosecution for a violation of subsection 4 (2), Procedure in prosecution if the accused does not plead guilty, the trial shall for trafficking proceed as if it were a prosecution for an offence under section 3, and after the close of the case for the prosecution and after the accused has had an opportunity E/NL.1980/45-48 Page 4 to make full answer and defence, the court shall make a finding as to whether or not the accused was in possession of the narcotic contrary to section 3; if the court finds that the accused was not in possession of the narcotic contrary to section 3, he shall be acquitted but if the court finds that the accused was in possession of the narcotic contrary to section 3, he shall be given an opportunity of establishing that he was not in possession of the narcotic for the purpose of trafficking, and thereafter the prosecutor shall be given an opportunity of adducing evidence to establish that the accused was in possession of the narcotic for the purpose of trafficking; if the accused establishes that he was not in possession of the narcotic for the purpose of trafficking, he shall be acquitted of the offence as charged but he shall be convicted of an offence under section 3 and sentenced accordingly; and if the accused fails to establish that he was not in possession of the narcotic for the purpose of trafficking, he shall be convicted of the offence as charged and sentenced accordingly. 1960-61, c. 35, s. 8. Certificate of analyst 9. (1) Subject to this section, a certificate of an analyst stating that he has analyzed or examined a substance and stating the result of his analysis or examination is admissible in evidence in any prosecution for an offence mentioned in subsection 7 (1), and in the absence of evidence to the contrary is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate. 1968-69, c. 41, s. 12. Search, Seizure and Forfeiture Search and seizure 10. (1) A peace officer may, at any time, (a) without a warrant enter and search any place other than a dwelling-house, and under the authority of a writ of assistance or a warrant issued under this section, enter and search any dwelling-house in which he reasonably believes there is a narcotic by means of or in respect of which an offence under this Act has been committed; (b) search any person found in such place; and (c) seize and take away any narcotic found in such place, any thing in such place in which he reasonably suspects a narcotic is contained or concealed, or any E/NL.1980/45-48 Page 5 other thing by means of or in respect of which he reasonably believes an offence under this Act has been committed or that may be evidence of the commission of such an offence. (2) A justice who is satisfied by information Warrant to search upon oath that there are reasonable grounds for dwelling-house believing that there is a narcotic, by means of or in respect of which an offence under this Act has been committed, in any dwelling-house may issue a warrant under his hand authorizing a peace officer named therein at any time to enter the dwelling-house and search for narcotics. (3) A judge of the Federal Court of Canada shall, Writ of assistance upon application by the Minister, issue a writ of assistance authorizing and empowering the person named therein, aided and assisted by such person as the person named therein may require, at any time, to enter any dwelling-house and search for narcotics. (4) For the purpose of exercising his authority Powers of peace officer under this section, a peace officer may, with such assis• tance as he deems necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, plumbing fixture, box, container or any other thing. (5) Where a narcotic or other thing has been seized Application for under subsection (1), any person may, within two months restoration from the date of such seizure, upon prior notification having been given to the Crown in the manner prescribed by the regulations, apply to a magistrate within whose terri• torial jurisdiction the seizure was made for an order of restoration under subsection (6). (6) Subject to subsections (8) and (9), where Order of restoration upon the hearing of an application made under sub• section (5) the magistrate is satisfied (a) that the applicant is entitled to possession of the narcotic or other thing seized, and (b) that the thing so seized is not or will not be required as evidence in any proceedings in respect of an offence under this Act, he shall order that the thing so seized be restored forth• with to the applicant, and where the magistrate is satis• fied that the applicant is entitled to possession of the thing so seized but is not satisfied as to the matters mentioned in paragraph (b), he shall order that the thing so seized be restored to the applicant (c) upon the expiration of four months from the date of the seizure, if no proceedings in respect of an offence under this Act have been commenced before that time, or (d) upon the final conclusion of any such proceedings, in any other case.
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