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2nd Session, 37th Parliament,
51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-297
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An Act to amend the Criminal Code (sale of
intoxicating products)
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| Preamble
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Whereas it is in the public interest to
promote and protect the health and well-being
of all citizens of Canada;
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Whereas it is in the public interest to
restrict the sale of certain products which,
when inhaled, ingested, injected, drunk or
otherwise consumed can have an intoxicating
effect;
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And Whereas under certain circumstances,
the sale of such intoxicating products should
be a criminal offence;
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| R.S., c. C-46
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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1. The Criminal Code is amended by
adding the following after section 320.1:
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| Definition of
``intoxicating
product''
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320.2 (1) In this section, ``intoxicating
product'' includes
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(a) glues, adhesives, cements, cleaning
solvents, thinning agents and dyes
containing toluene or acetone;
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(b) petroleum distillates or products that
contain petroleum distillates including
naphtha, mineral spirits, Stoddard solvent,
kerosene, gasoline, mineral seal oil and
other related distillates of petroleum;
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(c) fingernail or other polish removers
containing acetone, aliphatic acetates or
methyl ethyl ketone;
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(d) any substance that is required to bear the
label ``Vapour Harmful'', ``Vapour Very
Harmful'' or ``Vapour Extremely Harmful''
under the Hazardous Products Act or its
regulations;
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(e) hairsprays and aerosol or non-aerosol
products containing ethyl alcohol;
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(f) any other similar products which, when
inhaled, ingested, injected, drunk or
otherwise consumed, can have an
intoxicating effect; and
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(g) a container, bottle, cloth, bag or any
other object in which a product described in
paragraphs (a) to (f) can be contained.
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| Sale of
intoxicating
product
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(2) Every one who sells, offers to sell, gives
or delivers possession of an intoxicating
product to a person, having a reasonable basis
to believe that the person will likely use the
product, or cause or permit the product to be
used for intoxicating purposes is guilty of an
offence and liable on summary conviction
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(a) in the case of an individual,
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(i) for a first offence, to a fine of at least
five hundred dollars and not exceeding
five thousand dollars, or imprisonment
for a term not exceeding six months or to
both, or
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(ii) for a second or subsequent offence, to
a fine of at least one thousand dollars and
not exceeding ten thousand dollars, and
imprisonment for a term not less than
seven days; or
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(b) in the case of a corporation,
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(i) for a first offence, to a fine of at least
one thousand dollars and not exceeding
ten thousand dollars, or
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(ii) for a second or subsequent offence, to
a fine of at least two thousand five
hundred dollars and not exceeding
twenty-five thousand dollars.
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| Possession
with intent
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(3) Every one who has in his or her
possession an intoxicating product with the
intent to sell, traffic or otherwise trade in such
intoxicating product is guilty of an offence
and liable on summary conviction
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(a) for a first offence, to a fine of at least five
hundred dollars and not exceeding five
thousand dollars, or imprisonment for a
term not exceeding six months or to both; or
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(b) for a second or subsequent offence, to a
fine of at least one thousand dollars and not
exceeding ten thousand dollars, and
imprisonment for a term not less than seven
days.
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| Search and
seizure
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(4) Where a peace officer believes on
reasonable grounds that an offence under this
section is being committed, or has been
committed, and evidence of the offence is
likely to be found on a person, in a vehicle or
in any place or premises other than a
dwelling-house, the peace officer may, where
the conditions for obtaining a warrant exist
but, by reason of exigent circumstances, it
would not be practicable to obtain a warrant,
search, without warrant, the person, vehicle,
place or premises, and seize any thing by
means of or in relation to which that peace
officer believes on reasonable grounds the
offence is being committed or has been
committed.
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