Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Act current to 2014-09-01 and last amended on 2012-11-06. Previous Versions

Marginal note:Possession, etc., for use in production of or trafficking in substance
  •  (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 of Schedule I or subitem 1(9) of Schedule III.

  • Marginal note:Punishment

    (2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.

  • 2011, c. 14, s. 1.

Notice

Marginal note:Notice

 The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.

  • 2012, c. 1, s. 42.

Report to Parliament

Marginal note:Review
  •  (1) 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.

  • Marginal note:Report

    (2) 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.

  • 2012, c. 1, s. 42.

Sentencing

Marginal note:Purpose of sentencing
  •  (1) 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.

  • Marginal note:Factors to take into consideration

    (2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

    • (a) in relation to the commission of the offence,

      • (i) carried, used or threatened to use a weapon,

      • (ii) used or threatened to use violence,

      • (iii) trafficked in a substance included in Schedule I, II, III or IV 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 eighteen years, or

      • (iv) trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;

    • (b) was previously convicted of a designated substance offence; or

    • (c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.

  • Marginal note:Reasons

    (3) 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.

  • Marginal note:Drug treatment court program

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

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

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

  • Marginal note:Minimum punishment

    (5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.

  • 1996, c. 19, s. 10;
  • 1999, c. 5, s. 49;
  • 2012, c. 1, s. 43.