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Controlled Drugs and Substances Act

Version of section 2 from 2017-05-18 to 2018-06-20:

Marginal note:Definitions

  •  (1) 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

    Attorney General means

    • (a) the Attorney General of Canada, and includes their lawful deputy, or

    • (b) 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)

    controlled substance

    controlled substance means a substance included in Schedule I, II, III, IV or V; (substance désignée)

    customs office

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

    designated device

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

    designated substance offence

    designated substance offence means

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

    • (b) 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)

    offence-related property

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

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

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

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


    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 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

    • (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

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

    and includes offer to produce; (production)


    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,

    • (a) to sell, administer, give, transfer, transport, send or deliver the substance,

    • (b) to sell an authorization to obtain the substance, or

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

    otherwise than under the authority of the regulations. (trafic)

  • Marginal note:Interpretation

    (2) For the purposes of this Act,

    • (a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

    • (b) a reference to a controlled substance includes a reference to

      • (i) all synthetic and natural forms of the substance, and

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

        • (A) in producing the substance, or

        • (B) in introducing the substance into a human body.

  • Marginal note:Interpretation

    (3) 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.

  • 1996, c. 8, s. 35, c. 19, s. 2
  • 2001, c. 32, s. 47
  • 2017, c. 7, s. 1

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