This enactment amends the Controlled Drugs and Substances Act to reinstate certain mandatory minimum penalties in relation to importing, exporting and producing certain substances.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Punishment — importing and exporting

(2.‍1) Every person who contravenes subsection (1)

• (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, 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

  • (i) the offence is committed for the purposes of trafficking,

  • (ii) the person, while committing the offence, abused a position of trust or authority, or

  • (iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;

• (b) 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 18 months;

• (c) if the subject matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life;

• (d) if the subject matter of the offence is a substance included in Schedule III, V 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 18 months; and

• (e) if 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.

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Punishment — possession

(3) Every person who contravenes subsection (2)

• (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 Insertion start 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 Insertion end ;

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  (a.‍1) if the subject matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life;

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Factors

(3) The following factors must be taken into account in applying paragraph (2)‍(a):

• (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.

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