C-245
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-245
An Act to amend the Controlled Drugs and Substances Act (trafficking in a controlled substance within five hundred metres of an elementary school or a high school)
first reading, May 3, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th 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 First Session. The number of the bill remains unchanged.
Mr. Hill
391211
SUMMARY
The purpose of this enactment is to amend the Controlled Drugs and Substances Act to impose minimum prison sentences of one year for a first offence and two years for a subsequent offence in cases where a person is convicted of trafficking in a controlled substance within five hundred metres of an elementary school or a high school.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-245
An Act to amend the Controlled Drugs and Substances Act (trafficking in a controlled substance within five hundred metres of an elementary school or a high school)
1996, c. 19
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 5 of the Controlled Drugs and Substances Act is amended by adding the following after subsection (6):
Trafficking in a substance included in Schedule I or II, within five hundred metres of an elementary school or a high school
(7) Subject to subsection (10), every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule I or II or in any substance represented or held out by that person to be such a substance is guilty of an indictable offence and liable
(a) for a first offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; and
(b) for a subsequent offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of two years.
Trafficking in a substance included in Schedule III, within five hundred metres of an elementary school or a high school
(8) Every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule III or in any substance represented or held out by that person to be such a substance is guilty of an indictable offence and liable
(a) for a first offence, to imprisonment for a term not exceeding ten years and not less than one year; and
(b) for a subsequent offence, to imprisonment for a term not exceeding ten years and not less than two years.
Trafficking in a substance included in Schedule IV, within five hundred metres of an elementary school or a high school
(9) Every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule IV or in any substance represented or held out by that person to be such a substance is guilty of an indictable offence and liable
(a) for a first offence, to imprisonment for a term not exceeding three years and not less than one year; and
(b) for a subsequent offence, to imprisonment for a term not exceeding ten years and not less than two years.
Trafficking in a substance included in Schedule II, within five hundred metres of an elementary school or a high school
(10) Every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule II or in any substance represented or held out by that person to be such a substance, in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable
(a) for a first offence, to imprisonment for a term not exceeding five years less a day and not less than one year; and
(b) for a subsequent offence, to imprison-ment for a term not exceeding five years less a day and not less than two years.
Interpretation
(11) For the purposes of subsection (7), (8), (9) or (10), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Interpretation
(12) For the purposes of subsection (10), 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.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada