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

Act current to 2019-06-20 and last amended on 2019-05-15. Previous Versions

PART IOffences and Punishment (continued)

Particular Offences (continued)

Marginal note:Importing and exporting

  •  (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.

  • Marginal note:Possession for the purpose of exporting

    (2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.

  • Marginal note:Punishment

    (3) Every person who contravenes subsection (1) or (2)

    • (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;

    • (b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

    • (c) if the subject matter of the offence is a substance included in Schedule IV,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

  • 1996, c. 19, s. 6
  • 2012, c. 1, s. 40
  • 2017, c. 7, s. 4

Marginal note:Production of substance

  •  (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

  • Marginal note:Punishment

    (2) Every person who contravenes subsection (1)

    • (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, 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) [Repealed, 2018, c. 16, s. 197]

    • (c) if the subject matter of the offence is a substance included in Schedule III or V,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

    • (d) where the subject-matter of the offence is a substance included in Schedule IV,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

  • Marginal note:Factors

    (3) The following factors must be taken into account in applying paragraphs (2)(a) and (a.1):

    • (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.

  • 1996, c. 19, s. 7
  • 2012, c. 1, s. 41
  • 2017, c. 7, s. 5
  • 2018, c. 16, s. 197

Marginal note:Possession, sale, etc., for use in production of or trafficking in substance

  •  (1) No person shall possess, produce, sell, import or transport anything intending that it will be used

    • (a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or

    • (b) to traffic in a controlled substance.

  • Marginal note:Punishment

    (2) Every person who contravenes subsection (1)

    • (a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and

    • (b) if the subject matter of the offence is a substance included in Schedule IV,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than three years, or

      • (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.

  • 2011, c. 14, s. 1
  • 2017, c. 7, s. 6

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, IV or V, 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 18 years, or

      • (iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;

    • (b) was previously convicted of a designated substance offence, as defined in subsection 2(1) of this Act, or a designated offence, as defined in subsection 2(1) of the Cannabis Act;

    • (c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the 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
  • 2017, c. 7, s. 7
  • 2018, c. 16, s. 198
 
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