Bill C-7

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Third Reading

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	1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
	The House of Commons of Canada
	BILL C-7
	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
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Controlled Drugs and Substances Act.
	INTERPRETATION
Definitions	2. (1) In this Act,
``adjudicator'' « arbitre »	``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;
``analogue'' « analogue »	``analogue'' means a substance that, in relation to a controlled substance, has a substantially similar chemical structure;
``analyst'' « analyste »	``analyst'' means a person who is designated as an analyst under section 44;
``Attorney General'' « procureur général »	``Attorney General'' means
	(a) the Attorney General of Canada, and includes their lawful deputy, or
	(b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy;
``controlled substance'' « substance désignée »	``controlled substance'' means a substance included in Schedule I, III, IV or V;
``designated substance offence'' « infraction désignée »	``designated substance offence'' means
	(a) an offence under Part I, except subsection 4(1), or
	(b) 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);
``inspector'' « inspecteur »	``inspector'' means a person who is designated as an inspector under section 30;
``judge'' « juge »	``judge'' means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction;
``justice'' « juge de paix »	``justice'' has the same meaning as in section 2 of the Criminal Code;
``Minister'' « ministre »	``Minister'' means the Minister of National Health and Welfare;
``offence-relat ed property'' « bien infractionnel »	``offence-related property'' means any property, within or outside Canada,
	(a) by means of or in respect of which a designated substance offence is committed,
	(b) that is used in any manner in connection with the commission of a designated substance offence, or
	(c) that is intended for use for the purpose of committing a designated substance offence,
	but does not include a controlled substance or real property, other than real property built or significantly modified for the purpose of facilitating the commission of a designated substance offence;
``possession'' « possession »	``possession'' means possession within the meaning of subsection 4(3) of the Criminal Code;
``practitioner' ' « praticien »	``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;
``precursor'' « précurseur »	``precursor'' means a substance included in Schedule VI;
``prescribed'' Version anglaise seulement	``prescribed'' means prescribed by the regulations;
``produce'' « production »	``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
	(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
	(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,
	and includes offer to produce;
``provide'' « fournir »	``provide'' means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration;
``sell'' « vente »	``sell'' includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;
``traffic'' « trafic »	``traffic'' means, in respect of a substance included in any of Schedules I to IV,
	(a) to sell, administer, give, transfer, transport, send or deliver the substance,
	(b) to sell an authorization to obtain the substance, or
	(c) to offer to do anything mentioned in paragraph (a) or (b),
	otherwise than under the authority of the regulations.
Interpretation	(2) For the purposes of this Act,
	(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
	(b) a reference to a controlled substance includes a reference to
	(i) all synthetic and natural forms of the substance, and
	(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
	(A) in producing the substance, or
	(B) in introducing the substance into a human body.
Interpretation	(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.
Interpretation	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.
Interpretation	(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.
	PART I
	OFFENCES AND PUNISHMENT
	Particular Offences
Possession of substance	4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Obtaining substance	(2) No person shall seek or obtain
	(a) a substance included in Schedule I, II, III or IV, or
	(b) an authorization to obtain a substance included in Schedule I, II, III or IV
	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.
Punishment	(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
	(b) is guilty of an offence punishable on summary conviction and liable
	(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
	(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Punishment	(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
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
	(b) is guilty of an offence punishable on summary conviction and liable
	(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
	(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
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 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.
Punishment	(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or
	(b) is guilty of an offence punishable on summary conviction and liable
	(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
	(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Punishment	(7) Every person who contravenes subsection (2)
	(a) is guilty of an indictable offence and liable
	(i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,
	(ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,
	(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
	(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or
	(b) is guilty of an offence punishable on summary conviction and liable
	(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
	(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Determination of amount	(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.
Trafficking in substance	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.
Possession for purpose of trafficking	(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Punishment	(3) Every person who contravenes subsection (1) or (2)
	(a) subject to subsection (4), 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;
	(b) where the subject-matter of the offence is a substance included in Schedule III,
	(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) 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.
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 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.

Bill C-7

BILL C-7

SHORT TITLE

INTERPRETATION

PART I

OFFENCES AND PUNISHMENT

Particular Offences