This enactment amends the Controlled Drugs and Substances Act to increase penalties for offenders who traffic, possess for the purpose of trafficking, import, export or produce certain amounts of synthetic opioids.

It also amends that Act to add as aggravating factors for sentencing purposes in relation to offences respecting synthetic opioids the fact that the offence was committed in proximity to certain facilities or that the offence involved a certain amount of the substance.

Finally, it amends the Criminal Code to provide that certain offenders who traffic, possess for the purpose of trafficking, import, export or produce certain amounts of synthetic opioids are ineligible for parole for 25 years.

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

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  (a) if the subject matter of the offence is a synthetic opioid included in Schedule I,

  • (i) if the amount of the substance is more than 40 mg, is guilty of an indictable offence and shall be sentenced to imprisonment for life, or

  • (ii) if the amount of the substance is equal to or greater than 20 mg but is not more than 40 mg, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of 15 years;

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• ( Insertion start a.‍1 Insertion end ) if the subject matter of the offence is a substance included in Schedule I or II, Insertion start other than a substance described in paragraph (a) in an amount of 20 mg or more Insertion end , is guilty of an indictable offence and liable to imprisonment for life;

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  (a) if the subject matter of the offence is a synthetic opioid included in Schedule I in an amount of more than 40 mg, is guilty of an indictable offence and shall be sentenced to imprisonment for life;

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• ( Insertion start a.‍1 Insertion end ) if the subject matter of the offence is a substance included in Schedule I or II, Insertion start other than a substance described in paragraph (a) in an amount of more than 40 mg Insertion end , is guilty of an indictable offence and liable to imprisonment for life;

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  (a) if the subject matter of the offence is a synthetic opioid included in Schedule I in an amount of more than 40 mg, is guilty of an indictable offence and shall be sentenced to imprisonment for life;

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• ( Insertion start a.‍1 Insertion end ) if the subject matter of the offence is a substance included in Schedule I or II, Insertion start other than a substance described in paragraph (a) in an amount of more than 40 mg Insertion end , is guilty of an indictable offence and liable to imprisonment for life;

Aggravating factors — certain substances

(2.‍1) If a person is convicted of a designated substance offence in respect of a substance that is a synthetic opioid included in Schedule I, the court imposing the sentence on the person shall consider as an aggravating factor the fact that

• (a) the person committed the offence within 300 metres of a substance use treatment centre, school, child care facility or any other location used for the protection of vulnerable persons that is designated by the regulations; or

• (b) the amount of the substance in respect of which the offence was committed was

  • (i) in the case of a substance listed in item 16 of Schedule I, 2 mg or more, or

  • (ii) in the case of any other substance, equal to or more than the amount that could be reasonably expected to cause death if consumed by a person.

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  (w.‍1) designating any location for the purposes of paragraph 10(2.‍1)‍(a);

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  (b.‍2) in respect of a person who has been convicted of an offence under subparagraph 5(3)‍(a)‍(i) or paragraph 6(3)‍(a) or 7(2)‍(a) of the Controlled Drugs and Substances Act, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

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