GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Contraventions Act — C-38.7 65.1
Application of provincial laws 65.1 (1) The Governor in Council may, for the purposes of this Act, make regulations making applicable, in respect of any contravention or any contravention of a prescribed class of contraventions, alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of a province, laws of the province, as amended from time to time, relating to proceedings in respect of offences that are created by a law of the province, with such modifications as the circumstances require, and, without limiting the generality of the foregoing, the Governor in Council may make regulations (a) adapting any provision or any part of a provision of those laws; (b) deeming any of the notices or other documents issued or entered into under those laws to be a ticket for the purposes of this Act or any of its provisions; (c) prescribing, for the purposes of subsection 65.3(2), categories of fees; and (d) providing for any other matter in respect of the application of those laws. Application of certain provisions of this Act (2) Where the laws of a province apply by virtue of regulations made under subsection (1) in respect of a contravention or a contravention of a prescribed class, that is alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province, the definitions Attorney General , contravention , enactment , enforcement authority , fees , Minister , prescribed and ticket in section 2, sections 3, 4, 5 and 7, paragraphs 8(1)(a), (b), (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59, 63, 64, 65, 65.2 and 65.3 apply, and the remainder of this Act does not apply, in respect of the contravention. 1996, c. 7, s. 37
Contraventions Act — C-38.7 65.2
General agreements with provinces 65.2 (1) The Minister may enter into an agreement with the government of a province respecting the administration and enforcement of this Act generally. Particular agreements (2) The Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent thereof respecting, in particular, any of the following matters: (a) the prosecution of contraventions; and (b) the discharge and enforcement of fines and fees imposed in respect of contraventions alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province. 1996, c. 7, s. 37
Contraventions Act — C-38.7 65.3
Compensation agreements 65.3 (1) The Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authority (a) respecting the sharing with that province or authority of fines and fees imposed under this Act that are collected in respect of contraventions, for the purpose of providing for compensation by Canada of that province or authority, in whole or in part, in respect of the administration and enforcement of this Act; and (b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act , authorizing the government of the province or that authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines and fees referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund. Deemed not public money (2) The fees imposed under the laws of a province, of a category prescribed under paragraph 65.1(1)(c), are deemed not to be public money for the purposes of the Financial Administration Act . Appropriation by Parliament (3) All or a portion of the fines and fees referred to in paragraph (1)(a) that are applied for the purpose referred to in that paragraph are deemed to be appropriated by Parliament for that purpose. 1996, c. 7, s. 37
Contraventions Act — C-38.7 Coming into force
Coming into force * 86 (1) This Act or any provision thereof shall come into force throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province. Coming into force (2) Section 84 shall come into force with respect to any provision of the schedule throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province. * [Note: Sections 1 to 5 and 7, paragraphs 8(1)(a) to (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59 and 63 to 80.1 in force August 1, 1996, see SI/96-56; sections 81 to 83 and sections 2, 6, 13 and 15 of the schedule repealed before coming into force, see 2008, c. 20, s. 3.] 1992, c. 47, s. 86; 1996, c. 7, s. 42
Controlled Drugs and Substances Act — C-38.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Controlled Drugs and Substances Act — C-38.8 1
Short title 1 This Act may be cited as the Controlled Drugs and Substances Act .
Controlled Drugs and Substances Act — C-38.8 2
rnir ) sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; ( vente ) traffic means, in respect of a substance included in any of Schedules I to V, (a) to sell, administer, give, transfer, transport, send or deliver the substance, (b) to sell an authorization to obtain the substance, or (c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations. ( trafic ) Interpretation (2) For the purposes of this Act, (a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and (b) a reference to a controlled substance includes a reference to (i) all synthetic and natural forms of the substance, and (ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use (A) in producing the substance, or (B) in introducing the substance into a human body. Interpretation (3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules. 1996, c. 8, s. 35, c. 19, s. 2; 2001, c. 32, s. 47; 2017, c. 7, s. 1; 2018, c. 16, s. 194 2026, c. 4, s. 6
Controlled Drugs and Substances Act — C-38.8
adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; ( arbitre )
Controlled Drugs and Substances Act — C-38.8
analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; ( analogue )
Controlled Drugs and Substances Act — C-38.8
analyst means a person who is designated as an analyst under section 44; ( analyste )
Controlled Drugs and Substances Act — C-38.8 (a)
Attorney General means (a) the Attorney General of Canada, and includes their lawful deputy, or (b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; ( procureur général )
Controlled Drugs and Substances Act — C-38.8
chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; ( bien infractionnel chimique )
Controlled Drugs and Substances Act — C-38.8
controlled substance means a substance included in any of Schedules I to IV or in Part 1 of Schedule V; ( substance désignée )
Controlled Drugs and Substances Act — C-38.8
customs office has the same meaning as in subsection 2(1) of the Customs Act ; ( bureau de douane )
Controlled Drugs and Substances Act — C-38.8
designated device means a device included in Schedule IX; ( instrument désigné )
Controlled Drugs and Substances Act — C-38.8 (a)
designated substance offence means (a) an offence under Part I, except subsection 4(1), or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); ( infraction désignée )
Controlled Drugs and Substances Act — C-38.8
inspector means a person who is designated as an inspector under section 30; ( inspecteur )
Controlled Drugs and Substances Act — C-38.8
judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; ( juge )
Controlled Drugs and Substances Act — C-38.8
justice has the same meaning as in section 2 of the Criminal Code ; ( juge de paix )
Controlled Drugs and Substances Act — C-38.8
Minister means the Minister of Health; ( ministre )
Controlled Drugs and Substances Act — C-38.8
non-chemical offence-related property means offence-related property that is not chemical offence-related property; ( bien infractionnel non-chimique )
Controlled Drugs and Substances Act — C-38.8 (a)
offence-related property means, with the exception of a controlled substance, any property, within or outside Canada, (a) by means of or in respect of which a designated substance offence is committed, (b) that is used in any manner in connection with the commission of a designated substance offence, or (c) that is intended for use for the purpose of committing a designated substance offence; ( bien infractionnel )
Controlled Drugs and Substances Act — C-38.8
organization has the same meaning as in section 2 of the Criminal Code . ( organisation )
Controlled Drugs and Substances Act — C-38.8
person means an individual or an organization. ( personne )
Controlled Drugs and Substances Act — C-38.8
possession means possession within the meaning of subsection 4(3) of the Criminal Code ; ( possession )
Controlled Drugs and Substances Act — C-38.8
practitioner means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; ( praticien )
Controlled Drugs and Substances Act — C-38.8
precursor means a substance included in Part 2 of Schedule V or in Schedule VI; ( précurseur )
Controlled Drugs and Substances Act — C-38.8
prescribed means prescribed by the regulations; ( Version anglaise seulement )
Controlled Drugs and Substances Act — C-38.8 (a)
produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or (b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, and includes offer to produce; ( production )
Controlled Drugs and Substances Act — C-38.8
provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; ( fournir )
Controlled Drugs and Substances Act — C-38.8
sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; ( vente )
Controlled Drugs and Substances Act — C-38.8 (a)
traffic means, in respect of a substance included in any of Schedules I to V, (a) to sell, administer, give, transfer, transport, send or deliver the substance, (b) to sell an authorization to obtain the substance, or (c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations. ( trafic )
Controlled Drugs and Substances Act — C-38.8 3
Interpretation 3 (1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act. (2) [Repealed, 2017, c. 7, s. 2] 1995, c. 22, s. 18; 1996, c. 19, s. 3; 2017, c. 7, s. 2
Controlled Drugs and Substances Act — C-38.8 4.1
Definition of medical emergency 4.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance. Exemption — medical emergency (2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene. Exemption — persons at the scene (3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance. Exemption — evidence (4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene. Deeming (5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated. 2017, c. 4, s. 2; 2018, c. 16, s. 195.1
Controlled Drugs and Substances Act — C-38.8 5
Trafficking in substance 5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance. Possession for purpose of trafficking (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V. Punishment (3) Every person who contravenes subsection (1) or (2) (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; (a.1) [Repealed, 2018, c. 16, s. 196] (b) if the subject matter of the offence is a substance included in Schedule III or V, (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 eighteen months; and (c) where 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. (4) [Repealed, 2012, c. 1, s. 39] Interpretation (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule. (6) [Repealed, 2018, c. 16, s. 196] 1996, c. 19, s. 5; 2012, c. 1, s. 39; 2017, c. 7, s. 3; 2018, c. 16, s. 196 2022, c. 15, s. 15
Controlled Drugs and Substances Act — C-38.8 6
Importing and exporting 6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI. Possession for the purpose of exporting (2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada. Punishment (3) Every person who contravenes subsection (1) or (2) (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; (a.1) [Repealed, 2022, c. 15, s. 16] (b) 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 eighteen months; and (c) 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. 1996, c. 19, s. 6; 2012, c. 1, s. 40; 2017, c. 7, s. 4 2022, c. 15, s. 16
Controlled Drugs and Substances Act — C-38.8 7
Production of substance 7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V. Punishment (2) Every person who contravenes subsection (1) (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; (a.1) [Repealed, 2022, c. 15, s. 17] (b) [Repealed, 2018, c. 16, s. 197] (c) if the subject matter of the offence is a substance included in Schedule III or V, (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 eighteen months; and (d) where 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. (3) [Repealed, 2022, c. 15, s. 17] 1996, c. 19, s. 7; 2012, c. 1, s. 41; 2017, c. 7, s. 5; 2018, c. 16, s. 197 2022, c. 15, s. 17
Controlled Drugs and Substances Act — C-38.8 7.1
Possession, sale, etc., for use in production of or trafficking in substance 7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used (a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or (b) to traffic in a controlled substance. Punishment (2) Every person who contravenes subsection (1) (a) if the subject matter of the offence is a substance included in Schedule I, II, III or V, (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and (b) 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 of not more than three years, or (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year. 2011, c. 14, s. 1; 2017, c. 7, s. 6
Controlled Drugs and Substances Act — C-38.8 9
Review 9 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. Report (2) The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends. 2012, c. 1, s. 42
Controlled Drugs and Substances Act — C-38.8 10
Purpose of sentencing 10 (1) Without restricting the generality of the Criminal Code , the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community. Factors to take into consideration (2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person (a) in relation to the commission of the offence, (i) carried, used or threatened to use a weapon, (ii) used or threatened to use violence, (iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or (iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years; (b) was previously convicted of a designated substance offence , as defined in subsection 2(1) of this Act, or a designated offence , as defined in subsection 2(1) of the Cannabis Act ; (c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence. Reasons (3) If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision. Drug treatment court program (4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender (a) to participate in a drug treatment court program approved by the Attorney General; or (b) to attend a treatment program under subsection 720(2) of the Criminal Code . (5) [Repealed, 2022, c. 15, s. 19] 1996, c. 19, s. 10; 1999, c. 5, s. 49; 2012, c. 1, s. 43; 2017, c. 7, s. 7; 2018, c. 16, s. 198 2022, c. 15, s. 19
Controlled Drugs and Substances Act — C-38.8 10.1
Declaration of principles 10.1 The following principles apply in this Part: (a) problematic substance use should be addressed primarily as a health and social issue; (b) interventions should be founded on evidence-based best practices and should aim to protect the health, dignity and human rights of individuals who use drugs and to reduce harm to those individuals, their families and their communities; (c) criminal sanctions imposed in respect of the possession of drugs for personal use can increase the stigma associated with drug use and are not consistent with established public health evidence; (d) interventions should address the root causes of problematic substance use, including by encouraging measures such as education, treatment, aftercare, rehabilitation and social reintegration; and (e) judicial resources are more appropriately used in relation to offences that pose a risk to public safety. 2022, c. 15, s. 20