Bill C-344
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-344 |
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An Act to amend the Contraventions Act and
the Controlled Drugs and Substances Act
(marihuana)
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| 1992, c. 47
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CONTRAVENTIONS ACT |
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1. The definition of ``contravention'' in
section 2 of the Contraventions Act is
replaced by the following:
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| ``contraven- tion'' « contraven- tion »
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``contravention'', subject to subsections 4(5)
and 5(4.1) of the Controlled Drugs and
Substances Act , means an offence that is
created by an enactment and is designated
as a contravention by regulation of the
Governor in Council;
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| 1996, c. 7, s. 4
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2. The portion of subsection 8(1) of the
Act before paragraph (a) is replaced by the
following:
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| Regulations
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8. (1) The Governor in Council may, for the
purposes of this Act, but subject to subsections
4(5) and 5(4.1) of the Controlled Drugs and
Substances Act, make regulations
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| 1996, c. 19
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CONTROLLED DRUGS AND SUBSTANCES ACT |
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3. Subsection 4(5) of the Controlled Drugs
and Substances Act is replaced by the
following:
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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 that is deemed to be a
contravention within the meaning of the
Contraventions Act, punishable by a
proceeding commenced by means of a ticket
and liable
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In this respect, the Contraventions Act
applies to this offence as if it had been
designated as a contravention by regulation of
the Governor in Council made under that Act
and, for greater certainty, an information shall
not be laid under the Criminal Code in respect
of this offence.
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4. (1) Subsection 5(4) of the Act is
replaced by the following:
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| Punishment in
respect of
specified
substances
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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 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.
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| Punishment in
respect of
specified
substances
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(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 deemed
to be a contravention within the meaning of
the Contraventions Act, punishable by a
proceeding commenced by means of a ticket
and liable
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In this respect, the Contraventions Act
applies to this offence as if it had been
designated as a contravention by regulation of
the Governor in Council made under that Act
and, for greater certainty, an information shall
not be laid under the Criminal Code in respect
of this offence.
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(2) Subsection 5(6) of the Act is replaced
by the following:
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| Interpreta- tion
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(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.
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5. Schedule VII of the Act is replaced by
the following:
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SCHEDULE VII (Sections 5 and 60)
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Substance Quantity
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1. Cannabis resin more than
1 g and less than 3 kg
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2. Cannabis more than 30 g and less (marihuana) than 3 kg
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