2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-297

An Act to amend the Criminal Code (sale of intoxicating products)

Preamble

Whereas it is in the public interest to promote and protect the health and well-being of all citizens of Canada;

Whereas it is in the public interest to restrict the sale of certain products which, when inhaled, ingested, injected, drunk or otherwise consumed can have an intoxicating effect;

And Whereas under certain circumstances, the sale of such intoxicating products should be a criminal offence;

R.S., c. C-46

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Criminal Code is amended by adding the following after section 320.1:

Sale of Intoxicating Products

Definition of ``intoxicating product''

320.2 (1) In this section, ``intoxicating product'' includes

    (a) glues, adhesives, cements, cleaning solvents, thinning agents and dyes containing toluene or acetone;

    (b) petroleum distillates or products that contain petroleum distillates including naphtha, mineral spirits, Stoddard solvent, kerosene, gasoline, mineral seal oil and other related distillates of petroleum;

    (c) fingernail or other polish removers containing acetone, aliphatic acetates or methyl ethyl ketone;

    (d) any substance that is required to bear the label ``Vapour Harmful'', ``Vapour Very Harmful'' or ``Vapour Extremely Harmful'' under the Hazardous Products Act or its regulations;

    (e) hairsprays and aerosol or non-aerosol products containing ethyl alcohol;

    (f) any other similar products which, when inhaled, ingested, injected, drunk or otherwise consumed, can have an intoxicating effect; and

    (g) a container, bottle, cloth, bag or any other object in which a product described in paragraphs (a) to (f) can be contained.

Sale of intoxicating product

(2) Every one who sells, offers to sell, gives or delivers possession of an intoxicating product to a person, having a reasonable basis to believe that the person will likely use the product, or cause or permit the product to be used for intoxicating purposes is guilty of an offence and liable on summary conviction

    (a) in the case of an individual,

      (i) for a first offence, to a fine of at least five hundred dollars and not exceeding five thousand dollars, or imprisonment for a term not exceeding six months or to both, or

      (ii) for a second or subsequent offence, to a fine of at least one thousand dollars and not exceeding ten thousand dollars, and imprisonment for a term not less than seven days; or

    (b) in the case of a corporation,

      (i) for a first offence, to a fine of at least one thousand dollars and not exceeding ten thousand dollars, or

      (ii) for a second or subsequent offence, to a fine of at least two thousand five hundred dollars and not exceeding twenty-five thousand dollars.

Possession with intent

(3) Every one who has in his or her possession an intoxicating product with the intent to sell, traffic or otherwise trade in such intoxicating product is guilty of an offence and liable on summary conviction

    (a) for a first offence, to a fine of at least five hundred dollars and not exceeding five thousand dollars, or imprisonment for a term not exceeding six months or to both; or

    (b) for a second or subsequent offence, to a fine of at least one thousand dollars and not exceeding ten thousand dollars, and imprisonment for a term not less than seven days.

Search and seizure

(4) Where a peace officer believes on reasonable grounds that an offence under this section is being committed, or has been committed, and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.