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[An act to prohibit the improper use of opium and other drugs] Government of Canada 1911

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 1-2   GEORGE   Y.
CHAP. 17.
An Act to prohibit the improper use of Opium and
other Drugs.
[Assented to 19th May, 1911.]
HIS Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada,  enacts as
follows :—
1. This Act may be cited as The Opium and Drug Act. Short title.
2. In this Act, unless the context otherwise requires,—        Definitions.
(a) "drug" means and includes any substance mentioned "Drug."
in the Schedule to this Act; or which may be added thereto
under the authority of this Act;
(b) "opium" means and includes crude opium,  powdered "Opium."
opium, and opium prepared for smoking, or in any stage
of such preparation;
(c) "imports" or "imported" means and includes the bring- "imports."
ing or conveying, or the causing to be brought or conveyed, "imported."
into Canada of any drug;
(d) "export" or "exporting" means and includes the taking "Export."
or conveying, or causing to be taken or conveyed, out of " Exporting."
Canada of any drug;
(e) "magistrate" means and includes any judge of the ses-"Magistrate.'!
sions of the peace, recorder, police magistrate, stipendiary
magistrate, two justices of the peace, or any magistrate
having the power or authority of two or more justices of
the peace.
3. Every person who, without lawful or reasonable excuse, importation,
imports, manufactures, sells, offers for sale, has in his posses- Sfenoracture'
sion, or takes or carries or causes to be taken or carried from possession of
any place in Canada to  any other place in Canada, any drug  ™gs'
for other than scientific or medicinal purposes, shall be guilty of
197 Chap. 17.
Opium and other Drugs.
1-2 Geo. V.
Penalty.
Smoking and
possession of
opium.
Penalty.
Being in
opium
resorts.
Penalty.
Dealing in
drugs.
a criminal offence and shall be liable, upon summary conviction,
to a fine not exceeding five hundred dollars and costs, or to
imprisonment for a term not exceeding one year, or to both
fine and imprisonment.
4. Every person who smokes opium, or who, without lawful
or reasonable excuse, has in his possession opium prepared or
being prepared for smoking, shall be guilty of a criminal offence
and shall be liable, on summary conviction, to a fine not exceeding fifty dollars and costs, or to imprisonment for a term not
exceeding three months, or to both fine and imprisonment.
2. Any person who, without lawful and reasonable excuse,
is found in any house, room or place to which persons resort
for the purpose of smoking or inhaling opium, shall be guilty of
a criminal offence and shall be liable, upon summary conviction,
to a fine not exceeding one hundred dollars and costs, or to
imprisonment for a term not exceeding one month, or to both,
fine and imprisonment.
5. Any person who deals in any drug, who gives, sells or
furnishes any drug to any person other than a duly authorized
and practising physician, veterinary surgeon or dentist, or to a
bona fide wholesale druggist, or to a druggist carrying on business
Exceptions, in a bona fide drug store, or who neglects to make or preserve
a proper record in a suitable book of the name and address of
the physician, veterinary surgeon, dentist or druggist to whom
he gives, sells or furnishes any drug, and the date of such sale;
and any druggist, who gives, sells or furnishes any drug except
upon a written order or prescription signed by a duly authorized
and practising physician, veterinary surgeon or dentist, or who,
without the authority of the prescribing physician, veterinary
surgeon, or dentist, uses any prescription to sell any drug on
more than one occasion, or who neglects to make or preserve a
proper record in a suitable book of the name of the physician,
veterinary surgeon or dentist signing such order or prescription,
the date of filling the order or prescription, and in the case of a
prescription the name of the person for whose use the prescription
was granted, or who refuses to allow such record to be examined
by any police officer, shall be guilty of a criminal offence and shall
be liable, upon summary conviction, to a fine not exceeding two
hundred dollars and costs, or to imprisonment for a term not
exceeding three months, or to both fine and imprisonment.
2. Any physician who signs any prescription or order for the
filling of which any drug is required, unless such drug is required
for medicinal purposes or is prescribed for the medical treatment
of a person who is under professional treatment by such physician,
and any dentist or veterinary surgeon who signs any order for
any drug, unless such drug is required for medicinal purposes
in connection with his practice as a dentist or veterinary surgeon,
shall be guilty of a criminal offence and shall, upon summary
198 conviction,
Penalty.
Prescriptions
Penalty. 1911. Opium and other Drugs. Chap. 17. 3
conviction, be liable to a fine not exceeding two hundred dollars
and costs, or to imprisonment for a term not exceeding three
months, or to both fine and imprisonment.
6. Any person without lawful or reasonable excuse exporting Exportation
or attempting to export any drug to any country which pro- °   rugs-
hibits the entry of such drug shall be guilty of a criminal offence
and shall be liable, upon summary conviction, to a fine not
exceeding five hundred dollars and costs, or to imprisonment for
a term not exceeding six months, or to both fine and imprisonment.
7. If it be proved upon oath before any magistrate that there Search
is reasonable cause to suspect that any drug is kept or concealed warrants-
for any purpose contrary to this Act in any dwelling-house,
store, shop, warehouse, outhouse, garden, yard, vessel or other
place such magistrate may grant a warrant to search by day or
night any such place for such drug, and if such drug is there
found, to bring it before him.
8. When any person is convicted of an offence against this Drugs and
Act,  the convicting magistrate may adjudge and order,  in HizedXo'be
addition to any other penalty or  punishment, that   the drug destroyed,
in respect of which the offence was committed,  or which has
been seized under the search warrant as aforesaid, and all
receptacles of any kind whatsoever found containing the same,
be forfeited and destroyed, and such order shall thereupon be
carried out by the constable or peace officer who executed the
said search warrant, or by such other person as may be thereunto
authorized by the said convicting magistrate.   . .
9. Any drug now in the custody of  any court, and any Drugs
drug that may be seized for the violation of any law,  shall j^emonth?
be   destroyed,   unless   such   drug   is   claimed   within   three destroyed,
months after the passing of this Act, or after such seizure 0rde?.ct to
as the case may be, and it is established to the satisfaction of
the court that no offence has been committed in connection therewith, or unless the court otherwise orders, provided however,
that the provisions  of  The Customs Act shall apply to any R.s., c. 48.
drug unlawfully imported into Canada.
I©. If any person charged with an offence against this Act Bu^.e°nof
pleads or alleges that he imported, manufactured, sold or offered offender,
for sale, or had in his possession, any drug in respect of which
the offence is charged, for scientific or medicinal purposes, the
burden of proof thereof shall be upon the person so charged.
11. One-half of any fine recovered from any person convicted Disposition
of an offence against this Act may be paid to the person giving °     es'
information leading to such conviction, if so directed by the
magistrate.
199 12. Chap. 17.
Opium and other Drugs.
1-2 Geo. V.
Proceedings. 12. No conviction, judgment or order in respect of an
offence against this Act shall be removed by certiorari into any
of His Majesty's courts of record.
Np
certiorari.
Regulations. 13^ The Governor in Council may make such orders and
regulations as are deemed necessary or expedient for carrying
out the intention of this Act; for the seizure of any drug that
there is reason to believe is liable to forfeiture under this Act;
and for the use or sale of any drug for scientific purposes.
Additions to
Schedule.
1908, c. 50
Repealed.
14. The Governor in Council may, from time to time, add to
the schedule to this Act any alkaloids, derivatives or preparations
of the drugs named in the said schedule, the addition of which is
by him deemed necessary in the public interest, and every order
in council in that behalf shall be published in The Canada
Gazette, and shall take effect at the expiration of thirty days
from the date of such publication.
15. Chapter 50 of the statutes of 1908 is hereby repealed.
"Commence-        i©. Section 4 of this Act shall not come into force until the
ment of s. 4. grgt ^y ^ j^^ Qae thousand njne hundred and eleven.
SCHEDULE.
Cocaine or any salts or compounds thereof.
Morphine or any salts or compounds thereof.
Opium.
Eucaine or any salts or compounds thereof.
OTTAWA
Printed by Charles Henry Parmelee, Law Printer to the King's
most Excellent Majesty.
200

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