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Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

PART 2SENTENCING

1996, c. 19Controlled Drugs and Substances Act

40. Paragraph 6(3)(a) of the Act is replaced by the following:

  • (a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if

    • (i) the offence is committed for the purposes of trafficking,

    • (ii) the person, while committing the offence, abused a position of trust or authority, or

    • (iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;

  • (a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;

  • 41. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:

    • (a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;

    • (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

      • (i) for a term of one year if the production is for the purpose of trafficking, or

      • (ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;

    • (b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

      • (i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,

      • (ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,

      • (iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,

      • (iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,

      • (v) imprisonment for a term of two years if the number of plants produced is more than 500, or

      • (vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

  • (2) Section 7 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Factors

      (3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):

      • (a) the person used real property that belongs to a third party in committing the offence;

      • (b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;

      • (c) the production constituted a potential public safety hazard in a residential area; or

      • (d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.

42. The Act is amended by adding the following after section 7:

Notice

Marginal note:Notice

8. 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.

Report to Parliament

Marginal note:Review

  • 9. (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.

Marginal note:1999, c. 5, s. 49(1)

  • 43. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

    • 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

  • (2) Section 10 of the Act is amended by adding the following after subsection (3):

    • 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.

44. Schedule I to the Act is amended by adding the following after item 18:

  • 19. 
    Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:
    • (1) 
      amphetamine (α-methylbenzene-ethanamine)
    • (2) 
      N-ethylamphetamine (N-ethyl-α-methylbenzeneethanamine)
    • (3) 
      4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,α-dimethylbenzeneethanamine)
    • (4) 
      3,4-methylenedioxyamphetamine (MDA) (α-methyl-1,3-benzodioxole-5-ethanamine)
    • (5) 
      2,5-dimethoxyamphetamine (2,5-dimethoxy-α-methylbenzene-ethanamine)
    • (6) 
      4-methoxyamphetamine (4-methoxy-α-methylbenzene­ethanamine)
    • (7) 
      2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-α-methylbenzene­ethanamine)
    • (8) 
      N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine)
    • (9) 
      4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-α-methylbenzeneethanamine)
    • (10) 
      5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-α-methyl-1,3-benzo­dioxole-5-ethanamine)
    • (11) 
      N,N-dimethyl-3,4-methylenedioxyamphetamine (N,N, α-trimethyl-1,3-benzodioxole-5-ethanamine)
    • (12) 
      N-ethyl-3,4-methylenedioxyamphetamine (N-ethyl-α-methyl-1,3-benzo­dioxole-5-ethanamine)
    • (13) 
      4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-α-methylbenzeneethanamine)
    • (14) 
      4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-α-methylbenzeneethanamine)
    • (15) 
      4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-α-methyl-benzeneethanamine)
    • (16) 
      4-ethoxyamphetamine (4-ethoxy-α-methylbenzene­ethanamine)
    • (17) 
      Benzphetamine (N-benzyl-N,α-dimethylbenzene­ethanamine)
    • (18) 
      N-Propyl-3,4-methylenedioxy- amphetamine (α-methyl-N-propyl-1,3-benzo­dioxole-5-ethanamine)
    • (19) 
      N-(2-Hydroxyethyl)-α-meth-ylbenzene­ethanamine
    • (20) 
      N-hydroxy-3,4-methylenedioxy- amphetamine (N-[α-methyl-3,4-(methylenedioxy)phenethyl]hydroxyla­mine)
    • (21) 
      3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-α-methylbenzene­ethanamine)
  • 20. 
    Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives
  • 21. 
    4-hydroxybutanoic acid (GHB) and any of its salts
Marginal note:SOR/97-230, s. 7; SOR/2003-32, s. 2; SOR/2005-235, s. 2

45. Item 1 of Schedule III to the Act is repealed.

Marginal note:SOR/98-173, s. 1; SOR/2000-220, s. 1

46. Items 25 and 26 of Schedule III to the Act are repealed.

Related Amendments

2003, c. 8An Act to amend the Criminal Code (firearms) and the Firearms Act

47. Section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act is repealed.

R.S., c. N-5National Defence Act

Marginal note:1998, c. 35, s. 40

48. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the English version of the National Defence Act is replaced by the following:

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