Subsection 56(1) class exemption for adults in the province of British Columbia to possess small amounts of opioids, cocaine, methamphetamine and MDMA

This exemption is granted in consideration of the following

Definitions

Except as provided below, the terms used in this exemption have the same meaning as those provided in the CDSA and its regulations.

"Adult" means an individual who is 18 years of age or older. (adulte)

"Airport" means an aerodrome in respect of which an airport certificate issued under Subpart 2 of Part III of the Canadian Aviation Regulations is in force. (aéroport)

"Canadian Armed Forces Member" means, in accordance with the definitions in subsection 2(1) of the National Defence Act, an officer or non-commissioned member

  1. of the regular force;
  2. of the special force; or
  3. of the reserve force, when the officer or non-commissioned member is
    1. undergoing drill or training, whether in uniform or not,
    2. in uniform,
    3. on duty,
    4. called out under Part VI of the National Defence Act in aid of the civil power,
    5. called out on service,
    6. placed on active service,
    7. in or on any vessel, vehicle or aircraft of the Canadian Forces or in or on any defence establishment or work for defence,
    8. serving with any unit or other element of the regular force or the special force, or
    9. present, whether in uniform or not, at any drill or training of a unit or other element of the Canadian Forces. (membre des Forces armées canadiennes)

"Canadian Coast Guard vessel" means a vessel, as defined in the Canada Shipping Act, 2001, that is owned by the Government of Canada and is managed and operated by the Canadian Coast Guard. (navire de la Garde côtière canadienne)

"Child care facility premises" means the premises on which supervision of children under 13 years of age is provided in accordance with a licence issued under section 11 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75. (lieu d’une garderie)

"Code of Service Discipline" means the provisions of Part III of the National Defence Act. (Code de discipline militaire)

"Illegal substance" means an opioid, cocaine, methamphetamine or MDMA, as set out in the Annex. (substance illégale)

"K-12 School premises" means the premises

  1. owned or leased by a board or francophone education authority, as defined in the School Act, R.S.B.C. 1996, c. 412, or an authority, as defined in the Independent School Act, R.S.B.C. 1996, c. 216; and
  2. at which students receive instruction in an educational program, as defined in the School Act or Independent School Act, as applicable. (lieu d'une école primaire et secondaire)

"Minor" means an individual under 18 years of age. (mineur)

"Motor vehicle" has the same meaning as in section 1 of the MVA. (véhicule motorisé )

"MVA" means the Motor Vehicle Act, R.S.B.C. 1996, c. 318. (MVA)

"Playground" means an outdoor play area intended for use by minors, where structures are permanently affixed and to which the public have access. (terrain de jeu)

"Premises" means a building or structure and includes outside areas adjacent to the building or structure ordinarily used in the course of providing services. (lieu)

"Rail transportation" means

  1. a rail transportation system as defined in the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30;
  2. a commuter rail service as defined in the British Columbia Transit Act, R.S.B.C. 1996, c. 38; or
  3. the transportation of passengers by railway, as defined in the Railway Act, R.S.B.C. 1996, c. 36. (moyen de transport ferroviaire)

"Regulated motorized personal mobility device" has the same meaning as in section 1 of the MVA. (appareil de mobilité personnelle motorisé réglementé )

"Spray Pool" has the same meaning as in section 1 of the Pool Regulation, B.C. Reg. 296/2010, that is outdoors and to which the public have access. (aire de jeux d’eau)

"Skate Parks" means an outdoor area intended for the use of non-motorized scooters and bicycles, skateboards, in-line skates, or similar devices, and to which the public have access. (planchodrome)

"Wading pool" has the same meaning as in section 1 of the Pool Regulation, B.C. Reg. 296/2010, that is outdoors and to which the public have access. (pateaugeoire)

"Watercraft" means a vessel or other craft in, on or by which an individual or thing may be transported or drawn on water, excluding Canadian Coast Guard vessels. (embarcation)

Scope of Exemption

Pursuant to subsection 56(1) of the CDSA, adults within the province of British Columbia are, subject to the conditions set out below, exempt from the application of subsection 4(1) of the CDSA if they are in possession of an illegal substance (see definition above), or any combination of such illegal substances, up to a maximum cumulative quantity of 2.5 grams.

This exemption does not apply

Conditions

This exemption is applicable only if

Duration

This exemption expires on the earliest of the following dates:

Suspension or Revocation

This exemption may be suspended without prior notice if the Minister determines that such suspension is necessary to protect public health or public safety.

The Minister may revoke the exemption if the Minister is of the opinion that it is no longer necessary.

Effective Date: January 31, 2023.

Amended on September 7, 2023. Effective Date of Amendment: September 18, 2023.

Annex

Illegal Substance CDSA listing CDSA Schedule and Item
Opioid Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts Schedule I, item 1
Phenylpiperidines, their intermediates, salts, derivatives and analogues and salts of intermediates, derivatives and analogues Schedule I, item 3
Phenazepines, their salts, derivatives and salts of derivatives Schedule I, item 4
Amidones, their intermediates, salts, derivatives and salts of intermediates and derivatives Schedule I, item 5
Methadols, their salts, derivatives and salts of derivatives Schedule I, item 6
Phenalkoxams, their salts, derivatives and salts of derivatives Schedule I, item 7
Thiambutenes, their salts, derivatives and salts of derivatives Schedule I, item 8
Moramides, their intermediates, salts, derivatives and salts of intermediates and derivatives Schedule I, item 9
Morphinans, their salts, derivatives and salts of derivatives Schedule I, item 10
Benzazocines, their salts, derivatives and salts of derivatives Schedule I, item 11
Ampromides, their salts, derivatives and salts of derivatives Schedule I, item 12
Benzimidazoles, their salts, derivatives and salts of derivatives Schedule I, item 13 (not including (3) Footnote 1)
Fentanyls, their salts, derivatives, and analogues and salts of derivatives and analogues Schedule I, item 16
Tilidine (ethyl2–(dimethylamino)–1–phenyl–3–cyclohexene–1–carboxylate), its salts, derivatives and salts of derivatives Schedule I, item 17
Tapentadol (3-[(1R,2R)-3-(dimethylamino)-1-ethyl-2-methylpropyl]-phenol), its salts, derivatives and isomers and salts of derivatives and isomers Schedule I, item 22
AH-7921 (1-(3,4-dichlorobenzamidomethyl)cyclohexyldimethylamine), its salts, isomers and salts of isomers Schedule I, item 23
MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues Schedule I, item 24
U-47700 (3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide), its salts, derivatives, isomers and analogues, and salts of derivatives, isomers and analogues Schedule I, item 26

Tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol), its salts, isomers and salts of isomers and the following derivatives of tramadol and the salts, isomers and salts of isomers of those derivatives:

  1. O-desmethyltramadol (3-[2-[(dimethylamino)methyl]-1-hydroxycyclohexyl]-phenol)
  2. N,O-didesmethyltramadol (3-[1-hydroxy-2-[(methylamino)methyl]cyclohexyl]-phenol)
Schedule I, item 27
Lefetamine ((-)-N,N-dimethyl-α-phenylbenzeneethanamine), its salts, derivatives and isomers and salts of derivatives and isomers Schedule III, item 29
Zipeprol (4-(2-methoxy-2-phenylethyl)-α-(methoxyphenylmethyl)-1-piperazineethanol) and any salt thereof Schedule III, item 31
Cocaine Cocaine (benzoylmethylecgonine) Schedule I, subitem 2(2)
Methamphetamine Methamphetamine (N,α-dimethylbenzeneethanamine), but not including its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues Schedule I, item 18
MDMA N-methyl-3,4-methylenedioxy-amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine) Schedule I, subitem 19(8)

Footnotes

Footnote 1

Please note that subitem (3) is excluded from the application of the CDSA under the Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act.

Return to footnote 1 referrer

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