| Interpretation
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(5) For the purposes of applying
subsection (3) or (4) in respect of an offence
under subsection (1), a reference to a
substance included in Schedule I, II, III or IV
includes a reference to any substance
represented or held out to be a substance
included in that Schedule.
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| Interpretation
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(6) For the purposes of subsection (4) and
Schedule VII, the amount of the substance
means the entire amount of any mixture or
substance, or the whole of any plant, that
contains a detectable amount of the substance.
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| Importing and
exporting
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6. (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.
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| Possession for
the purpose of
exporting
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(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.
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| Punishment
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(3) Every person who contravenes
subsection (1) or (2)
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(a) where the subject-matter of the offence
is a substance included in Schedule I or II,
is guilty of an indictable offence and liable
to imprisonment for life;
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(b) where the subject-matter of the offence
is a substance included in Schedule III
or VI,
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(i) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years, or
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(ii) is guilty of an offence punishable on
summary conviction and liable to
imprisonment for a term not exceeding
eighteen months; and
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(c) where the subject-matter of the offence
is a substance included in Schedule IV
or V,
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(i) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding three years, or
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(ii) is guilty of an offence punishable on
summary conviction and liable to
imprisonment for a term not exceeding
one year.
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| Production of
substance
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7. (1) Except as authorized under the
regulations, no person shall produce a
substance included in Schedule I, II, III or IV.
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| Punishment
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(2) Every person who contravenes
subsection (1)
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(a) where the subject-matter of the offence
is a substance included in Schedule I or II,
other than cannabis (marihuana), is guilty
of an indictable offence and liable to
imprisonment for life;
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(b) where the subject-matter of the offence
is cannabis (marihuana), is guilty of an
indictable offence and liable to
imprisonment for a term not exceeding
seven years;
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(c) where the subject-matter of the offence
is a substance included in Schedule III,
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(i) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years, or
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(ii) is guilty of an offence punishable on
summary conviction and liable to
imprisonment for a term not exceeding
eighteen months; and
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(d) where the subject-matter of the offence
is a substance included in Schedule IV,
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(i) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding three years, or
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(ii) is guilty of an offence punishable on
summary conviction and liable to
imprisonment for a term not exceeding
one year.
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| Possession of
property
obtained by
certain
offences
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8. (1) No person shall possess any property
or any proceeds of any property knowing that
all or part of the property or proceeds was
obtained or derived directly or indirectly as a
result of
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(a) the commission in Canada of an offence
under this Part except subsection 4(1) and
this subsection;
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(b) an act or omission anywhere that, if it
had occurred in Canada, would have
constituted an offence referred to in
paragraph (a); or
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(c) a conspiracy or an attempt to commit,
being an accessory after the fact in relation
to, or any counselling in relation to, an
offence referred to in paragraph (a) or an act
or omission referred to in paragraph (b).
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| Punishment
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(2) Every person who contravenes
subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years, where the value of the
property or the proceeds exceeds one
thousand dollars; or
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(i) of an indictable offence and liable to
imprisonment for a term not exceeding
two years, or
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(ii) of an offence punishable on summary
conviction and liable to a fine not
exceeding two thousand dollars or to
imprisonment for a term not exceeding
six months, or to both,
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where the value of the property or the
proceeds does not exceed one thousand
dollars.
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| Laundering
proceeds of
certain
offences
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9. (1) No person shall use, transfer the
possession of, send or deliver to any person or
place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any
means, any property or any proceeds of any
property with intent to conceal or convert that
property or those proceeds and knowing that
all or part of that property or those proceeds
was obtained by or derived directly or
indirectly as a result of
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(a) the commission in Canada of an offence
under this Part except subsection 4(1);
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(b) an act or omission anywhere that, if it
had occurred in Canada, would have
constituted an offence referred to in
paragraph (a); or
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(c) a conspiracy or an attempt to commit,
being an accessory after the fact in relation
to, or any counselling in relation to, an
offence referred to in paragraph (a) or an act
or omission referred to in paragraph (b).
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| Punishment
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(2) Every person who contravenes
subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years; or
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(b) is guilty of an offence punishable on
summary conviction and liable to a fine not
exceeding two thousand dollars or to
imprisonment for a term not exceeding six
months, or to both.
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| Purpose of
sentencing
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10. (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.
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| Factors to be
considered
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(2) Where a person is convicted of a
designated substance offence, the court
imposing sentence on the person shall
consider as an aggravating factor that the
person
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(a) in relation to the commission of the
offence,
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(i) carried, used or threatened to use a
weapon,
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(ii) used or threatened to use violence,
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(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
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(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;
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(b) was previously convicted of a
designated substance offence; or
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(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.
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| Reasons of
court
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(3) Where, pursuant to subsection (1), the
court is satisfied of the existence of one or
more of the aggravating factors enumerated in
that subsection, but decides not to sentence the
person to imprisonment, the court shall give
reasons for that decision.
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| Information
for search
warrant
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11. (1) A justice who, on ex parte
application, is satisfied by information on oath
that there are reasonable grounds to believe
that
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(a) a controlled substance or precursor in
respect of which this Act has been
contravened,
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(b) any thing in which a controlled
substance or precursor referred to in
paragraph (a) is contained or concealed,
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(c) offence-related property, or
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(d) any thing that will afford evidence in
respect of an offence under this Act
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is in a place may, at any time, issue a warrant
authorizing a peace officer, at any time, to
search the place for any such controlled
substance, precursor, property or thing and to
seize it.
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| Application of
section 487.1
of the
Criminal
Code
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(2) For the purposes of subsection (1), an
information may be submitted by telephone or
other means of telecommunication in
accordance with section 487.1 of the Criminal
Code, with such modifications as the
circumstances require.
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| Execution in
another
province
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(3) A justice may, where a place referred to
in subsection (1) is in a province other than
that in which the justice has jurisdiction, issue
the warrant referred to in that subsection and
the warrant may be executed in the other
province after it has been endorsed by a justice
having jurisdiction in that other province.
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| Effect of
endorsement
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(4) An endorsement that is made on a
warrant as provided for in subsection (3) is
sufficient authority to any peace officer to
whom it was originally directed and to all
peace officers within the jurisdiction of the
justice by whom it is endorsed to execute the
warrant and to deal with the things seized in
accordance with the law.
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| Search of
person and
seizure
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(5) Where a peace officer who executes a
warrant issued under subsection (1) has
reasonable grounds to believe that any person
found in the place set out in the warrant has on
their person any controlled substance,
precursor, property or thing set out in the
warrant, the peace officer may search the
person for the controlled substance, precursor,
property or thing and seize it.
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| Seizure of
things not
specified
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(6) A peace officer who executes a warrant
issued under subsection (1) may seize, in
addition to the things mentioned in the
warrant,
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(a) any controlled substance or precursor in
respect of which the peace officer believes
on reasonable grounds that this Act has
been contravened;
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(b) any thing that the peace officer believes
on reasonable grounds to contain or conceal
a controlled substance or precursor referred
to in paragraph (a);
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(c) any thing that the peace officer believes
on reasonable grounds is offence-related
property; or
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(d) any thing that the peace officer believes
on reasonable grounds will afford evidence
in respect of an offence under this Act.
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| Where
warrant not
necessary
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(7) A peace officer may exercise any of the
powers described in subsection (1), (5) or (6)
without a warrant if the conditions for
obtaining a warrant exist but by reason of
exigent circumstances it would be
impracticable to obtain one.
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| Seizure of
additional
things
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(8) A peace officer who executes a warrant
issued under subsection (1) or exercises
powers under subsection (5) or (7) may seize,
in addition to the things mentioned in the
warrant and in subsection (6), any thing that
the peace officer believes on reasonable
grounds has been obtained by or used in the
commission of an offence or that will afford
evidence in respect of an offence.
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| Assistance
and use of
force
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12. For the purpose of exercising any of the
powers described in section 11, a peace officer
may
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(a) enlist such assistance as the officer
deems necessary; and
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(b) use as much force as is necessary in the
circumstances.
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| Sections
489.1 and 490
of the
Criminal
Code
applicable
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13. (1) Subject to subsections (2) and (3),
sections 489.1 and 490 of the Criminal Code
apply to any thing seized under this Act.
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| Sections
489.1 and 490
of the
Criminal
Code
applicable
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(2) Where a thing seized under this Act is
offence-related property, sections 489.1
and 490 of the Criminal Code apply subject to
sections 16 to 22 of this Act.
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| Provisions of
this Act
applicable
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(3) Where a controlled substance is seized
under this Act or any other Act of Parliament
or pursuant to a power of seizure at common
law, this Act and the regulations apply in
respect of that substance.
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| Report to
justice
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(4) Subject to the regulations, every peace
officer who, pursuant to section 11, seizes a
controlled substance shall, as soon as is
reasonable in the circumstances after the
seizure,
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(a) prepare a report identifying the place
searched, the controlled substance and the
location where it is being detained;
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(b) cause the report to be filed with the
justice who issued the warrant or another
justice for the same territorial division or,
where by reason of exigent circumstances a
warrant was not issued, a justice who would
have had jurisdiction to issue a warrant; and
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(c) cause a copy of the report to be sent to
the Minister.
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| Report to
justice
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(5) A report in Form 5.2 of the Criminal
Code may be filed as a report for the purposes
of subsection (4).
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| Recognizance
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(6) Where, pursuant to this section, an order
is made under paragraph 490(9)(c) of the
Criminal Code for the return of any
offence-related property seized under this
Act, the judge or justice making the order may
require the applicant for the order to enter into
a recognizance before the judge or justice,
with or without sureties, in such amount and
with such conditions, if any, as the judge or
justice directs and, where the judge or justice
considers it appropriate, require the applicant
to deposit with the judge or justice such sum
of money or other valuable security as the
judge or justice directs.
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