Bill C-15
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C-15
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-15
An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts
first reading, February 27, 2009
MINISTER OF JUSTICE
90485
SUMMARY
This enactment amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marihuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
The enactment also makes related and consequential amendments to other Acts.
Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-15
An Act to amend the Controlled Drugs and Substances Act and to make related and 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:
1996, c. 19
CONTROLLED DRUGS AND SUBSTANCES ACT
1. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following:
(a) subject to paragraph (a.1), if 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, and
(i) to a minimum punishment of imprisonment for a term of one year if
(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,
(B) the person used or threatened to use violence in committing the offence,
(C) the person carried, used or threat-ened to use a weapon in committing the offence, or
(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or
(ii) to a minimum punishment of impris-onment for a term of two years if
(A) the person committed the offence 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 18 years,
(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or
(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;
(a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;
(2) Subsections 5(4) to (6) of the Act are replaced by the following:
Interpretation
(5) For the purposes of applying subsection (3) 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 paragraph (3)(a.1) 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.
2. Paragraph 6(3)(a) of the Act is replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if the offence is committed for the purpose of trafficking;
(a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
3. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or
(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
(b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
(i) imprisonment for a term of six months if the number of plants produced is less than 201 and the production is for the purpose of trafficking,
(ii) imprisonment for a term of nine months if the number of plants produced is less than 201, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
(v) imprisonment for a term of two years if the number of plants produced is more than 500, or
(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;
(2) Section 7 of the Act is amended by adding the following after subsection (2):
Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
(a) the person used real property that belongs to a third party in committing the offence;
(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years 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; or
(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 permitted such a trap, device or other thing to remain or be placed in that location or area.
4. The Act is amended by adding the following after section 7:
Notice
Notice
8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.
1999, c. 5, s. 49(1)
5. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:
Factors to take into consideration
(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
(2) Section 10 of the Act is amended by adding the following after subsection (3):
Drug treatment court program
(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender
(a) to participate in a drug treatment court program approved by the Attorney General if the prosecutor consents and none of the factors set out in clauses 5(3)(a)(i)(A) to (C) or (ii)(A) to (C) have been proven in relation to the offence; or
(b) to attend a treatment program under subsection 720(2) of the Criminal Code.
Minimum punishment
(5) If the offender successfully completes the drug treatment court program under paragraph (4)(a), the court is not required to impose the minimum punishment for the offence for which the person was convicted.
6. Schedule I to the Act is amended by adding the following after item 18:
19. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:
(1) amphetamine (α-methylbenzene-ethanamine)
(2) N-ethylamphetamine (N-ethyl-α-methylbenzeneethanamine)
(3) 4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,α-dimethylbenzeneethanamine)
(4) 3,4-methylenedioxyamphetamine (MDA) (α-methyl-1,3-benzodioxole-5-ethanamine)
(5) 2,5-dimethoxyamphetamine (2,5-di-methoxy-α-methylbenzene-ethanamine)
(6) 4-methoxyamphetamine (4-methoxy-α-methylbenzeneethanamine)
(7) 2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-α-methylbenzeneethanamine)
(8) N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine)
(9) 4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-α-methylbenzeneethanamine)
(10) 5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-α-methyl-1,3-benzodioxole-5-ethanamine)
(11) N,N-dimethyl-3,4-methylenedioxy- amphetamine (N,N, α-trimethyl-1,3-benzodioxole-5-ethanamine)
(12) N-ethyl-3,4-methylenedioxy- amphetamine (N-ethyl-α-methyl-1,3-benzodioxole-5-ethanamine)
(13) 4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-α-methylbenzeneethanamine)
(14) 4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-α-methylbenzeneethanamine)
(15) 4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-α-methyl-benzeneethanamine)
(16) 4-ethoxyamphetamine (4-ethoxy-α-methylbenzeneethanamine)
(17) Benzphetamine (N-benzyl-N,α-dimethylbenzeneethanamine)
(18) N-Propyl-3,4-methylenedioxy- amphetamine (α-methyl-N-propyl-1,3-benzodioxole-5-ethanamine)
(19) N-(2-Hydroxyethyl)-α-meth-ylbenzeneethanamine
(20) N-hydroxy-3,4-methylenedioxy- amphetamine (N-[α-methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine)
(21) 3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-α-methylbenzeneethanamine)
20. Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives
21. 4-hydroxybutanoic acid (GHB) and any of its salts
SOR/97-230, s. 7; SOR/2003-32, s. 2; SOR/2005-235, s. 2
7. Item 1 of Schedule III to the Act is repealed.
SOR/98-173, s. 1; SOR/2000-220, s. 1
8. Items 25 and 26 of Schedule III to the Act are repealed.
RELATED AMENDMENTS
2003, c. 8
An Act to amend the Criminal Code (firearms) and the Firearms Act
9. Section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act, chapter 8 of the Statutes of Canada, 2003, is repealed.
R.S., c. C-46
Criminal Code
1999, c. 5, s. 21
10. Paragraph 515(6)(d) of the Criminal Code is replaced by the following:
(d) with having committed 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.
R.S., c. N-5
National Defence Act
1998, c. 35, s. 40
11. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the English version of the National Defence Act is replaced by the following:
(ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
CONSEQUENTIAL AMENDMENTS
R.S., c. C-46
Criminal Code
2001, c. 41, s. 133(15)
12. Paragraph 515(4.1)(c) of the Criminal Code is replaced by the following:
(c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,
1996, c. 19, s. 72
13. Subparagraph 553(c)(xi) of the Act is replaced by the following:
(xi) paragraph 5(3)(a.1) of the Controlled Drugs and Substances Act.
R.S., c. N-5
National Defence Act
1996, c. 19, s. 83.1
14. 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, or
COMING INTO FORCE
Order in council
15. The provisions of this Act, other than sections 10 and 11, come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Available from:
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Explanatory Notes
Controlled Drugs and Substances Act
Clause 1: (1) Relevant portion of subsection 5(3):
(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;
(2) Existing text of subsections 5(4) to (6):
(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.
(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.
(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.
Clause 2: Relevant portion of subsection 6(3):
(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;
Clause 3: (1) Relevant portion of subsection 7(2):
(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;
(2) New.
Clause 4: New.
Clause 5: (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
(2) New.
An Act to amend the Criminal Code (firearms) and the Firearms Act
Clause 9: Existing text of section 8:
8. Paragraph 515(4.1)(c) of the Act is replaced by the following:
(c) 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,
Criminal Code
Clause 10: Relevant portion of subsection 515(6):
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the 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.
National Defence Act
Clause 11: 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
Criminal Code
Clause 12: 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.
Clause 13: Relevant portion of section 553:
553. The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information
...
(c) with an offence under
...
(xi) subsection 5(4) of the Controlled Drugs and Substances Act.
National Defence Act
Clause 14: 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.