Bill C-431
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C-431
First Session, Thirty-ninth Parliament,
55-56 Elizabeth II, 2006-2007
HOUSE OF COMMONS OF CANADA
BILL C-431
An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act (marihuana)
first reading, April 20, 2007
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Martin (Esquimalt—Juan de Fuca)
391439
SUMMARY
This enactment amends the Contraventions Act and the Controlled Drugs and Substances Act. It changes the type of proceedings and legal regime governing the offences of possession of, possession for the purpose of trafficking and trafficking in, one gram or less of cannabis resin or thirty grams or less of cannabis (marihuana).
Under this enactment, these offences are deemed to be contraventions within the meaning of the Contraventions Act. Thus, an enforcement authority who believes on reasonable grounds that a person has committed a contravention may complete a ticket in respect of that contravention and cause it to be served on the person. A person may, within 30 days after being served with a ticket,
(a) plead guilty and pay the amount of the fine set out in the ticket;
(b) plead guilty but make representations concerning the penalty, that is, the fine and fees imposed and whether the person ought to be given time to pay them; or
(c) request a trial.
A person who has been convicted of a contravention has not been convicted of a criminal offence, and a contravention does not constitute an offence for the purposes of the Criminal Records Act.
Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-431
An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act (marihuana)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 47
CONTRAVENTIONS ACT
1. The definition “contravention” in section 2 of the Contraventions Act is replaced by the following:
“contravention”
« contravention »
« contravention »
“contravention” means
(a) an offence that is created by an enactment and is designated as a contravention by regulation of the Governor in Council; or
(b) an offence under subsection 4(5) or 5(4.1) of the Controlled Drugs and Substances Act;
1996, c. 19
CONTROLLED DRUGS AND SUBSTANCES ACT
2. Subsection 4(5) of the Controlled Drugs and Substances Act is replaced by the following:
Punishment
(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 by a proceeding commenced by means of a ticket under the Contraventions Act and liable
(a) for a first offence, to a fine of $200;
(b) for a second offence, to a fine of $500; and
(c) for any subsequent offence, to a fine of $1,000.
For greater certainty, an information shall not be laid under the Criminal Code in respect of this offence.
3. (1) Subsection 5(4) of the Act is replaced by the following:
Punishment in respect of specified substance
(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 is within the limits 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.
Punishment in respect of specified substance
(4.1) 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 VIII, is guilty of an offence punishable by a proceeding commenced by means of a ticket under the Contraventions Act and liable
(a) for a first contravention, to a fine of $200;
(b) for a second contravention, to a fine of $500; and
(c) for any subsequent contravention, to a fine of $1,000.
For greater certainty, an information shall not be laid under the Criminal Code in respect of this offence.
(2) Subsection 5(6) of the Act is replaced by the following:
Interpretation
(6) For the purposes of subsections (4) and (4.1) and Schedules VII and 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.
4. Schedule VII to the Act is replaced by the following:
SCHEDULE VII
(Sections 5 and 60)
Published under authority of the Speaker of the House of Commons
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