Section Home
Table of ContentsPrint format
Previous Page
 
 

1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-344

An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act (marihuana)

      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. The definition of ``contravention'' in section 2 of the Contraventions Act is replaced by the following:

``contraven-
tion'' « contraven-
tion
»

``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;

1996, c. 7, s. 4

2. The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

Regulations

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

1996, c. 19

CONTROLLED DRUGS AND SUBSTANCES ACT

3. Subsection 4(5) of the Controlled Drugs and Substances Act is replaced by the following:

Punishment

(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

    (a) for a first offence, to a fine of $200;

    (b) for a second offence, to a fine of $500; and

    (c) for any subsequent offence, to a fine of $1,000.

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.

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

Punishment in respect of specified substances

(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.

Punishment in respect of specified substances

(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

    (a) for a first contravention, to a fine of $200;

    (b) for a second contravention, to a fine of $500; and

    (c) for any subsequent contravention, to a fine of $1,000.

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.

(2) Subsection 5(6) of the Act is replaced by the following:

Interpreta-
tion

(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.

5. Schedule VII of the Act is replaced by the following:

SCHEDULE VII
(Sections 5 and 60)

Substance Quantity

1. Cannabis resin more than 1 g and less
than 3 kg

2. Cannabis more than 30 g and less
(marihuana) than 3 kg

ParlVU