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Bill C-38

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2nd Session, 37th Parliament,
51-52 Elizabeth II, 2002-2003

House of Commons of Canada

BILL C-38

An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act

      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. Paragraphs 4(a) and (b) of the Contraventions Act are replaced by the following:

    (a) to provide a procedure for the prosecution of contraventions that is in addition to the procedures set out in the Criminal Code; and

    (b) to alter or abolish the consequences in law of being convicted of an offence, if that offence is designated as a contravention.

2002, c. 1, s. 168

2. Section 5 of the Act is replaced by the following:

Application of certain legislation

5. The Criminal Code and the Youth Criminal Justice Act apply, with any modifications that the circumstances require , to proceedings in respect of contraventions that are commenced under this Act, except to the extent that this Act, the regulations or the rules of court provide otherwise.

Method of prosecution

6. For greater certainty, a contravention may be prosecuted by means of either a summons or ticket unless another Act of Parliament provides that it shall be prosecuted by means of a ticket only.

3. Subsection 8(4) of the Act is replaced by the following:

Maximum fine for contraven-
tions by young persons

(4) An amount established under paragraph (1)(c) in respect of a contravention, other than a contravention relating to parking a vehicle, may not, subject to any other Act of Parliament, be more than one hundred dollars, if the contravention is committed by a young person.

1996, c. 7, s. 37

4. Subsection 65.1(2) of the Act is replaced by the following:

Application of provisions of this Act

(2) If the laws of a province apply by virtue of regulations made under subsection (1) in respect of a contravention, or a contravention of a prescribed class, that is alleged to have been committed in, or otherwise within the territorial jurisdiction of the courts of, the province,

    (a) the definitions ``Attorney General'', ``contravention'', ``enactment'', ``enforcement authority'', ``fees'', ``Minister'', ``prescribed'' and ``ticket'' in section 2, sections 3 to 7, paragraphs 8(1)(a), (b), (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59, 63, 64, 65, 65.2 and 65.3 apply in respect of the contravention;

    (b) the Governor in Council may, by order, make any other provision of this Act apply in respect of the contravention ; and

    (c) the remainder of this Act does not apply in respect of the contravention.

1996, c. 19

CONTROLLED DRUGS AND SUBSTANCES ACT

5. (1) The portion of subsection 4(4) of the Controlled Drugs and Substances Act before paragraph (a) is replaced by the following:

Punishment

(4) Subject to subsections (5) to (5.2) and (5.4) , every person who contravenes subsection (1), if the subject-matter of the offence is a substance included in Schedule II,

(2) Subsection 4(5) of the Act is replaced by the following:

Punishment

(5) Every person who contravenes subsection (1) is, if the subject-matter of the offence is the substance referred to in subitem 1(1) of Schedule II in an amount that is not more than one gram , guilty of an offence punishable on summary conviction and liable to a fine of not more than the amount referred to in item 1 of Schedule VIII.

Punishment

(5.1) Every person who contravenes subsection (1) is, if the subject-matter of the offence is the substance referred to in subitem 1(2) of Schedule II in an amount that is not more than fifteen grams, guilty of an offence punishable on summary conviction and liable to a fine of not more than the amount referred to in item 2 of Schedule VIII.

Punishment

(5.2) Every person who contravenes subsection (1) in any of the circumstances set out in subsection (5.3) is, if the subject-matter of the offence is the substance referred to in subitem 1(1) of Schedule II in an amount that is not more than one gram or the substance referred to in subitem 1(2) of Schedule II in an amount that is not more than fifteen grams, guilty of an offence punishable on summary conviction and liable to a fine of not more than the amount referred to in item 3 of Schedule VIII.

Circumstances

(5.3) The circumstances referred to in subsection (5.2) are the following:

    (a) the person is in possession of the substance when they operate a motor vehicle or railway equipment within the meaning of section 2 of the Criminal Code, or an aircraft or vessel within the meaning of section 214 of that Act, when they assist in the operation of an aircraft or railway equipment, or when they have the care or control of a motor vehicle, railway equipment, aircraft or vessel, whether it is in motion or not;

    (b) the person is in possession of the substance when they commit an indictable offence; and

    (c) the person is in possession of the substance in or near a school that is attended primarily by persons under the age of eighteen years, or on or near the grounds of such a school.

Punishment

(5.4) Every person who contravenes subsection (1) is, if the subject-matter of the offence is the substance referred to in subitem 1(2) of Schedule II in an amount that is more than fifteen but not more than thirty grams,

    (a) guilty of an offence punishable on summary conviction and liable to a fine of not more than one thousand dollars or to imprisonment for a term of not more than six months, or to both; or

    (b) guilty of a contravention under the Contraventions Act and liable to a fine of not more than the amount referred to in item 4 of Schedule VIII.

(3) Subsection 4(8) of the Act is replaced by the following:

Interpreta-
tion

(8) For the purposes of subsections (5) to (5.2) and (5.4) , 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.

Contraven-
tions

(9) If the Governor in Council makes regulations under subsection 65.1(1) of the Contraventions Act with respect to a province and designates an offence referred to in any of subsections (5) to (5.2) as a contravention under paragraph 8(1)(a) of that Act, that offence shall be prosecuted in that province as a contravention by means of a ticket.

6. (1) Paragraph 7(2)(b) of the Act is repealed.

(2) Section 7 of the Act is amended by adding the following after subsection (2):

Production of cannabis (marihuana)

(3) Every person who contravenes subsection (1) by producing cannabis (marihuana) from

    (a) not more than three plants is guilty of an offence and liable on summary conviction to a fine of not more than five thousand dollars or to imprisonment for a term of not more than one year, or to both;

    (b) more than three but not more than twenty five plants is guilty of an offence and liable,

      (i) on conviction on indictment, to imprisonment for a term of not more than five years less a day, or

      (ii) on summary conviction, to a fine of not more than twenty five thousand dollars or to imprisonment for a term of not more than eighteen months, or to both;

    (c) more than twenty five but not more than fifty plants is guilty of an offence and liable, on conviction on indictment, to imprisonment for a term of not more than ten years; or

    (d) more than fifty plants is guilty of an offence and liable, on conviction on indictment, to imprisonment for a term of not more than fourteen years.

7. (1) Subparagraph 10(2)(a)(iii) of the Act is replaced by the following:

      (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 that is attended primarily by persons under the age of eighteen years, on or near the grounds of such a school, or in or near any public place usually frequented by such persons , or

1999, c. 5, s. 49(2)

(2) Subsection 10(3) of the Act is replaced by the following:

Factors to take into consideration

(2.1) The court imposing a sentence on a person who is convicted of an offence under any of paragraphs 7(3)(b) to (d) shall also consider whether the following factors exist:

    (a) the person used real property that belongs to a third party to commit the offence;

    (b) the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or the immediate area;

    (c) the production constituted a potential public safety hazard in a residential area; and

    (d) the person set or placed, or caused to be set or placed, in the location where the offence was committed or the immediate area, a trap, device or any other thing that is likely to cause death or bodily harm to another person.

Reasons

(3) If the court is satisfied of the existence of one or more of the factors enumerated in paragraphs (2)(a) to (c) and (2.1)(a) to (d) , but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.

8. Section 60 of the Act is replaced by the following:

Schedules

60. The Governor in Council may, by order, amend any of the Schedules by adding to them or deleting from them any item or portion of an item, if the Governor in Council deems the amendment to be necessary in the public interest.

SOR/97-230

9. Schedule VIII to the Act is replaced by the Schedule VIII set out in the schedule to this Act.

COMING INTO FORCE

Order

10. The provisions of this Act, and the provisions of any Act that are enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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