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1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
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The House of Commons of Canada
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BILL C-7 |
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An Act respecting the control of certain drugs,
their precursors and other substances and
to amend certain other Acts and repeal
the Narcotic Control Act in consequence
thereof
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Controlled
Drugs and Substances Act.
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INTERPRETATION |
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Definitions
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2. (1) In this Act,
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``adjudicator'' « arbitre »
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``adjudicator'' means a person appointed or
employed under the Public Service
Employment Act who performs the duties
and functions of an adjudicator under this
Act and the regulations;
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``analogue'' « analogue »
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``analogue'' means a substance that, in
relation to a controlled substance, has a
substantially similar chemical structure;
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``analyst'' « analyste »
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``analyst'' means a person who is designated
as an analyst under section 44;
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``Attorney
General'' « procureur général »
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``Attorney General'' means
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``controlled
substance'' « substance désignée »
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``controlled substance'' means a substance
included in Schedule I, III, IV or V;
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``designated
substance
offence'' « infraction désignée »
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``designated substance offence'' means
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``inspector'' « inspecteur »
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``inspector'' means a person who is
designated as an inspector under section 30;
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``judge'' « juge »
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``judge'' means a judge as defined in
section 552 of the Criminal Code or a
judge of a superior court of criminal
jurisdiction;
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``justice'' « juge de paix »
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``justice'' has the same meaning as in
section 2 of the Criminal Code;
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``Minister'' « ministre »
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``Minister'' means the Minister of National
Health and Welfare;
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``offence-relat
ed property'' « bien infractionnel »
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``offence-related property'' means any
property, within or outside Canada,
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``possession'' « possession »
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``possession'' means possession within the
meaning of subsection 4(3) of the Criminal
Code;
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``practitioner'
' « praticien »
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``practitioner'' means a person who is
registered and entitled under the laws of a
province to practise in that province the
profession of medicine, dentistry or
veterinary medicine, and includes any other
person or class of persons prescribed as a
practitioner;
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``precursor'' « précurseur »
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``precursor'' means a substance included in
Schedule VI;
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``prescribed'' Version anglaise seulement
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``prescribed'' means prescribed by the
regulations;
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``produce'' « production »
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``produce'' means, in respect of a substance
included in any of Schedules I to IV, to
obtain the substance by any method or
process including
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``provide'' « fournir »
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``provide'' means to give, transfer or
otherwise make available in any manner,
whether directly or indirectly and whether
or not for consideration;
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``sell'' « vente »
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``sell'' includes offer for sale, expose for sale,
have in possession for sale and distribute,
whether or not the distribution is made for
consideration;
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``traffic'' « trafic »
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``traffic'' means, in respect of a substance
included in any of Schedules I to IV,
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Interpretation
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(2) For the purposes of this Act,
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Interpretation
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(3) For the purposes of this Act, where a
substance is expressly named in any of
Schedules I to VI, it shall be deemed not to be
included in any other of those Schedules.
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Interpretation
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3. (1) Every power or duty imposed under
this Act that may be exercised or performed in
respect of an offence under this Act may be
exercised or performed in respect of a
conspiracy, or an attempt to commit, being an
accessory after the fact in relation to, or any
counselling in relation to, an offence under
this Act.
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Interpretation
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(2) For the purposes of sections 16 and 20,
a reference to a person who is or was convicted
of a designated substance offence includes a
reference to an offender who is discharged
under section 736 of the Criminal Code.
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PART I |
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OFFENCES AND PUNISHMENT |
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Particular Offences |
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Possession of
substance
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4. (1) Except as authorized under the
regulations, no person shall possess a
substance included in Schedule I, II or III.
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Obtaining
substance
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(2) No person shall seek or obtain
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from a practitioner, unless the person
discloses to the practitioner particulars
relating to the acquisition by the person of
every substance in those Schedules, and of
every authorization to obtain such substances,
from any other practitioner within the
preceding thirty days.
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Punishment
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(3) Every person who contravenes
subsection (1) where the subject-matter of the
offence is a substance included in Schedule I
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Punishment
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(4) Subject to subsection (5), every person
who contravenes subsection (1) where the
subject-matter of the offence is a substance
included in Schedule II
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Punishment
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(5) Every person who contravenes
subsection (1) where the subject-matter of the
offence is a substance included in Schedule II
in an amount that does not exceed the amount
set out for that substance in Schedule VIII is
guilty of an offence punishable on summary
conviction and liable to a fine not exceeding
one thousand dollars or to imprisonment for a
term not exceeding six months, or to both.
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Punishment
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(6) Every person who contravenes
subsection (1) where the subject-matter of the
offence is a substance included in Schedule III
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Punishment
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(7) Every person who contravenes
subsection (2)
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Determination
of amount
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(8) For the purposes of subsection (5) and
Schedule VIII, 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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Trafficking in
substance
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5. (1) No person shall traffic in a substance
included in Schedule I, II, III or IV or in any
substance represented or held out by that
person to be such a substance.
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Possession for
purpose of
trafficking
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(2) No person shall, for the purpose of
trafficking, possess a substance included in
Schedule I, II, III or IV.
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Punishment
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(3) Every person who contravenes
subsection (1) or (2)
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Punishment in
respect of
specified
substance
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(4) Every person who contravenes
subsection (1) or (2), where the subject-matter
of the offence is a substance included in
Schedule II in an amount that does not exceed
the amount set out for that substance in
Schedule VII, is guilty of an indictable offence
and liable to imprisonment for a term not
exceeding five years less a day.
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