Bill C-359
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C-359
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-359
An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act (marihuana)
first reading, April 2, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Martin (Esquimalt—Juan de Fuca)
402217
SUMMARY
This enactment amends the Contraventions Act and the Controlled Drugs and Substances Act. It changes the type of proceedings and legal regime governing the offences of possession of, possession for the purpose of trafficking and trafficking in, one gram or less of cannabis resin or thirty grams or less of cannabis (marihuana).
Under this enactment, these offences are deemed to be contraventions within the meaning of the Contraventions Act. A person who has been convicted of a contravention has not been convicted of a criminal offence, and a contravention does not constitute an offence for the purposes of the Criminal Records Act.
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-359
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 “contravention” in section 2 of the Contraventions Act is replaced by the following:
“contravention”
« contravention »
« contravention »
“contravention” means
(a) an offence that is created by an enactment and is designated as a contravention by regulation of the Governor in Council; or
(b) an offence under subsection 4(5) or 5(4.1) of the Controlled Drugs and Substances Act;
1996, c. 19
CONTROLLED DRUGS AND SUBSTANCES ACT
2. 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 punishable by a proceeding commenced by means of a ticket under the Contraventions Act 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.
For greater certainty, an information shall not be laid under the Criminal Code in respect of this offence.
3. (1) Subsection 5(4) of the Act is replaced by the following:
Punishment in respect of specified substance
(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 substance
(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 punishable by a proceeding commenced by means of a ticket under the Contraventions Act 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.
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:
Interpretation
(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.
4. Schedule VII to the Act is replaced by the following:
SCHEDULE VII
(Sections 5 and 60)
Published under authority of the Speaker of the House of Commons
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