Bill C-7

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Third Reading

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Interpretation	(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.
Interpretation	(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.
Importing and exporting	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.
Possession for the purpose of exporting	(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.
Punishment	(3) Every person who contravenes subsection (1) or (2)
	(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;
	(b) where the subject-matter of the offence is a substance included in Schedule III or VI,
	(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 or V,
	(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.
Production of substance	7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Punishment	(2) Every person who contravenes subsection (1)
	(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;
	(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;
	(c) 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
	(d) 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.
Possession of property obtained by certain offences	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
	(a) the commission in Canada of an offence under this Part except subsection 4(1) and this subsection;
	(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a); or
	(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).
Punishment	(2) Every person who contravenes subsection (1)
	(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
	(b) is guilty
	(i) of an indictable offence and liable to imprisonment for a term not exceeding two years, or
	(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,
	where the value of the property or the proceeds does not exceed one thousand dollars.
Laundering proceeds of certain offences	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
	(a) the commission in Canada of an offence under this Part except subsection 4(1);
	(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a); or
	(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).
Punishment	(2) Every person who contravenes subsection (1)
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
	(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.
	Sentencing
Purpose of sentencing	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.
Factors to be considered	(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
	(a) in relation to the commission of the offence,
	(i) carried, used or threatened to use a weapon,
	(ii) used or threatened to use violence,
	(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
	(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;
	(b) was previously convicted of a designated substance offence; or
	(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.
Reasons of court	(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.
	PART II
	ENFORCEMENT
	Search, Seizure and Detention
Information for search warrant	11. (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that
	(a) a controlled substance or precursor in respect of which this Act has been contravened,
	(b) any thing in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,
	(c) offence-related property, or
	(d) any thing that will afford evidence in respect of an offence under this Act
	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.
Application of section 487.1 of the Criminal Code	(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.
Execution in another province	(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.
Effect of endorsement	(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.
Search of person and seizure	(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.
Seizure of things not specified	(6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to the things mentioned in the warrant,
	(a) any controlled substance or precursor in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;
	(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);
	(c) any thing that the peace officer believes on reasonable grounds is offence-related property; or
	(d) any thing that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.
Where warrant not necessary	(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.
Seizure of additional things	(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.
Assistance and use of force	12. For the purpose of exercising any of the powers described in section 11, a peace officer may
	(a) enlist such assistance as the officer deems necessary; and
	(b) use as much force as is necessary in the circumstances.
Sections 489.1 and 490 of the Criminal Code applicable	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.
Sections 489.1 and 490 of the Criminal Code applicable	(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.
Provisions of this Act applicable	(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.
Report to justice	(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,
	(a) prepare a report identifying the place searched, the controlled substance and the location where it is being detained;
	(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
	(c) cause a copy of the report to be sent to the Minister.
Report to justice	(5) A report in Form 5.2 of the Criminal Code may be filed as a report for the purposes of subsection (4).
Recognizance	(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.

Bill C-7

Sentencing

PART II

ENFORCEMENT

Search, Seizure and Detention