Bill C-17
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
1st Session, 38th Parliament,
53 Elizabeth II, 2004
house of commons of canada
BILL C-17
An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act and to make consequential amendments to other Acts
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 contraventions 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.
4. The Act is amended by adding the following after section 64:
Prohibition on disclosure
64.1 Every person who has access to the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, or any other law enforcement information system maintained by an organization that has a law enforcement role, and who knowingly discloses to a foreign government, an international organization or a person who acts in the name of, or on behalf of, such a government or organization information contained in that system respecting an offence referred to in subsection 4(5), (5.1), (5.2) or (5.4) or paragraph 7(3)(a) of the Controlled Drugs and Substances Act is guilty of an offence punishable on summary conviction, unless they are required by a court order to disclose the information.
1996, c. 7, s. 37
5. 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) to (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59, 63 to 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
6. (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 a 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, an aircraft or a 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:
Interpretation
(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.
Contraventions
(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.
7. (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 punishable on summary conviction and liable to a fine of not more than the amount referred to in item 5 of Schedule VIII;
(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.
Contravention
(4) If the Governor in Council makes regulations under subsection 65.1(1) of the Contraventions Act with respect to a province and designates the offence referred to in paragraph (3)(a) 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.
8. (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 in the immediate area;
(c) the production constituted a potential public safety hazard in a residential area; and
(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area or, if they occupied or were in possession of the location where the offence was committed or the immediate area, permitted such a trap, device or other thing to remain in that location or area.
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 impose a custodial sentence, the court shall give reasons for that decision.
9. 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
10. Schedule VIII to the Act is replaced by the Schedule VIII set out in the schedule to this Act.
CONSEQUENTIAL AMENDMENTS
R.S., c. C-46
Criminal Code
2003, c. 8, s. 4
11. Paragraph 109(1)(c) of the Criminal Code is replaced by the following:
(c) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act, other than an offence referred to in paragraph 7(3)(a) of that Act, or
2001, c. 32, s. 4
12. Subparagraph (d)(iii) of the definition “offence” in section 183 of the Act is replaced by the following:
(iii) section 7 (production), other than paragraph 7(3)(a),
2001, c. 41, s. 133(15)
13. (1) Paragraph 515(4.1)(c) of the Act is replaced by the following:
(c) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act, other than an offence referred to in paragraph 7(3)(a) of that Act,
1999, c. 5, s. 21
(2) Paragraph 515(6)(d) of the Act is replaced by the following:
(d) with an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act, or the offence of conspiring to commit such an offence,
1995, c. 39
Firearms Act
2003, c. 8, s. 10
14. Subparagraph 5(2)(a)(iv) of the Firearms Act is replaced by the following:
(iv) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act, other than an offence referred to in paragraph 7(3)(a) of that Act;
R.S., c. N-5
National Defence Act
1996, c. 19, s. 83.1
15. Paragraph 147.1(1)(c) of the National Defence Act is replaced by the following:
(c) relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act, other than an offence referred to in paragraph 7(3)(a) of that Act, or
1998, c. 35, s. 40
16. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the Act is replaced by the following:
(ii) punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act, or
2002, c. 1
Youth Criminal Justice Act
17. Paragraph 4(c) of the schedule to the Youth Criminal Justice Act is replaced by the following:
(c) section 7 (production), other than paragraph 7(3)(a).
COORDINATING AMENDMENTS
2003, c. 8
18. If subsection 13(1) of this Act comes into force before the coming into force of section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act (the “other Act”), then, on the coming into force of that subsection 13(1), paragraph 515(4.1)(c) of the Criminal Code, as enacted by section 8 of the other Act, is replaced by the following:
(c) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act, other than an offence referred to in paragraph 7(3)(a) of that Act,
2004, c. 15
19. If section 12 of this Act comes into force before the coming into force of any provision of the definition “offence” in section 183 of the Criminal Code, as enacted by section 108 of the Public Safety Act, 2002 (the “other Act”), then, on the coming into force of that section 12, subparagraph (d)(iii) of the definition “offence” in section 183 of the Criminal Code, as enacted by section 108 of the other Act, is replaced by the following:
(iii) section 7 (production), other than paragraph 7(3)(a),
REVIEW
Review
20. (1) Within three years after this section comes into force, the Minister of Justice shall appoint one or more persons to carry out a comprehensive review of the provisions and operation of this Act.
Report
(2) The review shall be completed and a report of the review submitted to the Minister within one year after the appointment referred to in subsection (1).
Tabling of report
(3) The Minister shall have a copy of the report laid before each House of Parliament on any of the first 30 days on which that House is sitting after the Minister receives the report.
COMING INTO FORCE
Order in council
21. The provisions of this Act, other than sections 18 and 19, 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.
Explanatory Notes
Contraventions Act
Clause 1: Existing text of section 4:
4. The purposes of this Act are
(a) to provide a procedure for the prosecution of contraventions that reflects the distinction between criminal offences and regulatory offences and that is in addition to the procedures set out in the Criminal Code for the prosecution of contraventions and other offences; and
(b) to alter or abolish the consequences in law of being convicted of a contravention, in light of that distinction.
Clause 2: Existing text of section 5:
5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice Act apply 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.
Clause 3: Existing text of subsection 8(4):
(4) An amount established under paragraph (1)(c) in respect of a contravention, other than a contravention relating to parking a vehicle, may not exceed one hundred dollars, if the contravention is committed by a young person.
Clause 4: New.
Clause 5: Existing text of subsection 65.1(2):
(2) Where 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, the definitions “Attorney General”, “contravention”, “enactment”, “enforcement authority”, “fees”, “Minister”, “prescribed” and “ticket” in section 2, sections 3, 4, 5 and 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, and the remainder of this Act does not apply, in respect of the contravention.
Controlled Drugs and Substances Act
Clause 6: (1) Relevant portion of subsection 4(4):
(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
(2) Existing text of subsection 4(5):
(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.
(3) Existing text of subsection 4(8):
(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.
Clause 7: (1) Relevant portion of subsection 7(2):
(2) Every person who contravenes subsection (1)
...
(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;
(2) New.
Clause 8: (1) Relevant portion of subsection 10(2):
(2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
(a) in relation to the commission of the offence,
...
(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
(2) Existing text of subsection 10(3):
(3) If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.
Clause 9: Existing text of section 60:
60. The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.
Criminal Code
Clause 11: Relevant portion of subsection 109(1):
109. (1) Where a person is convicted, or discharged under section 730, of
...
(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
...
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.
Clause 12: Relevant portion of the definition:
“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
...
(d) any of the following provisions of the Controlled Drugs and Substances Act, namely,
...
(iii) section 7 (production),
Clause 13: (1) Relevant portion of subsection 515(4.1):
(4.1) When making an order under subsection (2), in the case of an accused who is charged with
...
(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,
...
the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.
(2) Relevant portion of subsection 515(6):
(6) Notwithstanding any provision of this section, where an accused is charged
...
(d) with having committed an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence,
the justice shall order that the accused be detained in custody until he is dealt with according to law, unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified, but where the justice orders that the accused be released, he shall include in the record a statement of his reasons for making the order.
Firearms Act
Clause 14: Relevant portion of subsection 5(2):
(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,
(a) has been convicted or discharged under section 730 of the Criminal Code of
...
(iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act;
National Defence Act
Clause 15: Relevant portion of subsection 147.1(1):
147.1 (1) Where a person is convicted by a court martial of an offence
...
(c) relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
...
the court martial shall, in addition to any other punishment that may be imposed for that offence, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court martial decides that it is so desirable, the court martial shall so order.
Clause 16: Relevant portion of the definition:
“designated offence” means
(a) an offence that is punishable under section 130 that is
...
(ii) contrary to subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act and punishable by imprisonment for life, or
Youth Criminal Justice Act
Clause 17: Relevant portion of section 4 of the schedule:
4. An offence under any of the following provisions of the Controlled Drugs and Substances Act:
...
(c) section 7 (production of substance).