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REPORT TO THE HOUSE

Wednesday, October 25, 1995

The Sub-Committee on Bill C-7, An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, of the Standing Committee on Health has the honour to present its

REPORT

Your Sub-Committee met on April 28, May 2, 3, 10, 24, 25 and 31, June 1, 14 and 21, 1994, June 13 and 14, 1995, October 17, 19 and 24, 1995, to consider Bill C-7, An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, and has agreed to report it with amendments.

Clause 2

Strike out lines 16 and 17, at page 1, and substitute the following therefor:

``as an analyst under section 43;''

Strike out lines 15 to 17, at page 2, and substitute the following therefor:

``ed as an inspector under section 29;''

Strike out lines 23 to 27, at page 2, and substitute the following therefor:

````Minister'' means the Minister of National Health and Welfare.''

Strike out line 40, at page 2, and substitute the following therefor:

``or real property, other than real property built or significantly modified for the purpose of facilitating the commission of a designated substance offence;''

Strike out lines 1 and 2, at page 3, and substitute the following therefor:

````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 or persons prescribed as a practitioner;''

Strike out lines 7 and 8, at page 3, and substitute the following therefor:

````produce'' means, in respect of a substance included in any of Schedules I to III, to obtain the substance by any''

Strike out lines 20 to 29, at page 3, and substitute the following therefor:

``wise make available in any manner, whether directly or indirectly and whether or not for consideration;''

Strike out lines 34 to 38, at page 3, and substitute the following therefor:

````traffic'' means, in respect of a substance included in any of Schedules I to III,

(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),''

Clause 3

Strike out lines 15 to 34, at page 4, and substitute the following therefor:

``3. (1) Every power or duty imposed under this Act''

Strike out line 42, at page 4, and substitute the following therefor:

``(2) For the purposes of sections 15 and 19,''

Clause 4

Delete Clause 4

Clause 5

Strike out line 10, at page 5, and substitute the following therefor:

``included in Schedule I, I.1 or II.''

Strike out lines 12 to 15, at page 5, and substitute the following therefor:

``(a) a substance included in Schedule I, I.1, II or III, or

(b) an authorization to obtain a substance included in Schedule I, I.1, II or III''

Strike out lines 23 to 34, at page 5, and lines 1 to 36, at page 6, and substitute the following therefor:

``(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I.1

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(5) Every person who contravenes subsection (1) where the subject- matter of the offence is a substance included in Schedule I.1 in an amount that does not exceed the amount set out for that substance in Schedule VII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.

(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(7) Every person who contravenes subsection (2)

(a) is guilty of an indictable offence and liable

(i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

(ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule I.1,

(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule II, or

(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule III; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(8) For the purposes of subsection (5) and Schedule VII, 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.''

Clause 6

Strike out line 38, at page 6, and substitute the following therefor:

``stance included in Schedule I, I.1, II or III or in''

Strike out line 43, at page 6, and substitute the following therefor:

``Schedule I, I.1, II or III.''

Strike out line 3, at page 7, and substitute the following therefor:

``stance included in Schedule I or I.1, is guilty of''

Strike out lines 12 to 15, at page 7, and substitute the following therefor:

``summary conviction and liable to imprisonment for a term not exceeding eighteen months; and''

Strike out lines 22 to 25, at page 7, and substitute the following therefor:

``summary conviction and liable to imprisonment for a term not exceeding one year.''

Strike out lines 29 to 39, at page 7, and substitute the following therefor:

``ule I.1 in an amount that does not exceed the amount set out for that substance in Schedule VI, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day.''

Strike out line 43, at page 7, and substitute the following therefor:

``cluded in Schedule I, I.1, II or III includes a''

Clause 7

Strike out line 10, at page 8, and substitute the following therefor:

``in Schedule I, I.1, II, III, IV or V.''

Strike out line 13, at page 8, and substitute the following therefor:

``cluded in Schedule I, I.1, II, III, IV or V for the''

Strike out line 19, at page 8, and substitute the following therefor:

``I or I.1, is guilty of an indictable offence and''

Strike out lines 28 to 31, at page 8, and substitute the following therefor:

``summary conviction and liable to imprisonment for a term not exceeding eighteen months; and''

Strike out lines 39 to 42, at page 8, and substitute the following therefor:

``summary conviction and liable to imprisonment for a term not exceeding one year.''

Clause 8

Strike out line 45, at page 8, and substitute the following therefor:

``included in Schedule I, I.1, II or III.''

Strike out line 5, at page 9, and substitute the following therefor:

``I or I.1, other than cannabis (marihuana), is''

Strike out lines 18 to 21, at page 9, and substitute the following therefor:

``summary conviction and liable to imprisonment for a term not exceeding eighteen months; and''

Strike out lines 29 to 32, at page 9, and substitute the following therefor:

``summary conviction and liable to imprisonment for a term not exceeding one year.''

Clause 11

Strike out line 11, and substitute the following therefor:

11. (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.

(1.1) Where a person is convicted of a''

Strike out line 21, at page 11, and substitute the following therefor:

``in Schedule I, I.1, II or III or possessed''

Strike out lines 23 and 24, at page 11, and substitute the following therefor:

``ficking, 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 eighteen years, or''

Strike out line 26, at page 11, and substitute the following therefor:

``Schedule I, I.1, II or III, or possessed such a''

Clause 12

Strike out line 34, at page 12, and substitute the following therefor:

``sufficient authority to any peace officer to''

Strike out lines 1 to 6, at page 13, and substitute the following therefor:

``(5) Where a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any person found in the place set out in the warrant has on their person any controlled substance, precursor, property or thing set out in the warrant, the peace officer may search the person for the controlled substance, precursor, property or thing and seize it.''

Clause 14

Strike out lines 9 and 10, at page 14, and substitute the following therefor:

``under this Act or any other Act of Parliament or pursuant to a power of''

Strike out line 20, at page 14, and substitute the following therefor:

``location where it is being detained;''

Strike out line 27, at page 14, and substitute the following therefor:

``rant; and

(c) cause a copy of the report to be sent to the Minister.''

Add, immediately after line 30, at page 14, the following:

``(6) Where, pursuant to this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in such amount and with such conditions, if any, as the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice such sum of money or other valuable security as the judge or justice directs.''

New Clauses 14.1 and 14.2

Add, immediately after line 30, at page 14, the following:

``Restraint Orders

14.1 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

(2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

(a) the offence against this Act to which the offence-related property relates;

(b) the person who is believed to be in possession of the offence-related property; and

(c) a description of the offence-related property.

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order

(a) prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order; and

(b) at the request of the Attorney General, where the judge is of the opinion that the circumstances so require,

(i) appointing a person to take control of and to manage or otherwise deal with all or part of that property in accordance with the directions of the judge, and

(ii) requiring any person having possession of that property to give possession of the property to the person appointed under subparagraph (i).

(4) Where the Attorney General so requests, a judge appointing a person under subparagraph (3)(b)(i) shall appoint the Minister of Supply and Services.

(5) A restraint order made by a judge under this section may be subject to such reasonable conditions as the judge thinks fit.

(6) A restraint order made under this section shall be made in writing.

(7) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in such manner as the judge making the order directs or in accordance with the rules of the court.

(8) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

(9) A restraint order made under this section remains in effect until

(a) an order is made under subsection 490(9) or (11) of the Criminal Code in relation to the property; or

(b) an order of forfeiture of the property is made under subsection 15(1) or 16(2) of this Act or section 490 of the Criminal Code.

(10) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

14.2 (1) Subject to sections 15 to 21, sections 489.1 and 490 of the Criminal Code apply, with such modifications as the circumstances require, to any offence-related property that is the subject-matter of a restraint order made under section 14.1.''

(2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any offence-related property that is the subject of a restraint order under section 14.1, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in such amount and with such conditions, if any, as the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice such sum of money or other valuable security as the judge or justice directs.''

Clause 17

Strike out line 12, at page 17, and substitute the following therefor:

``curred after the seizure of the property, or the making of a restraint order in respect of the property,''

Clause 22

Strike out lines 29 to 31, at page 20, and substitute the following therefor:

``ed substance offence;

(b) a reference in subsection 462.37(1) or 462.42(6), paragraph''

Strike out line 4, at page 21, and substitute the following therefor:

``this subparagraph; and

(c) a reference in subsection 462.38(2) of the Criminal Code to the Attorney General in relation to the manner in which forfeited property is to be disposed of or otherwise dealt with shall be deemed to be a reference to

(i) where the prosecution of the offence in respect of which the property was forfeited was commenced at the instance of the government of a province, the Attorney General or Solicitor General of that province, and

(ii) in any other case, such member of the Queen's Privy Council for Canada as may be designated for the purposes of this subparagraph.''

Clause 23

Strike out lines 20 to 22, at page 22, and substitute the following therefor:

``wise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.''

Clause 24

Strike out lines 44 and 45, at page 22, and substitute the following therefor:

``accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.''

Clause 25

Strike out lines 9 to 11, at page 23, and substitute the following therefor:

``disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.''

Strike out lines 22 to 24, at page 23, and substitute the following therefor:

``be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.''

Clause 26

Strike out lines 12 to 14, at page 24, and substitute the following therefor:

``dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.''

Clause 27

Strike out lines 27 to 29, at page 24, and substitute the following therefor:

``otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.''

Clause 28

Strike out line 33, at page 24, and substitute the following therefor:

``substance included in Schedule I, I.1, II or III''

Clause 29

Strike out line 38, at page 24, and substitute the following therefor:

``29. (1) The Minister may designate, in accordance with the regulations made pursuant to paragraph 54(1)(n), any''

Clause 30

Strike out line 9, at page 25, and substitute the following therefor:

``place the inspector believes on reasonable grounds is used for the purpose of conducting the''

Strike out line 28, at page 25, and substitute the following therefor:

``cursor, other than the records of the medical condition of persons, and make copies thereof or take''

In the French version only, strike out line 36, at page 26, and substitute the following therefor:

``sistance raisonnable et de lui donner les rensei-''

Clause 43

Strike out line 9, at page 32, and substitute the following therefor:

``43. The Minister may designate, in accordance with the regulations made pursuant to paragraph 54(1)(o), any per-''

Clause 45

Strike out line 33, at page 32, and substitute the following therefor:

``not exceeding one thousand dollars or to''

Clause 54

Strike out line 40, at page 36, and substitute the following therefor:

``included in Schedule I, I.1, II, III, IV or V or''

Strike out line 1, at page 37, and substitute the following therefor:

``stance included in Schedule I, I.1, II, III, IV''

Strike out lines 16 to 21, at page 37, and substitute the following therefor:

``(h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof and who do so under the supervision of a person licensed under the regulations to do any such thing;''

Strike out line 32, at page 37, and substitute the following therefor:

``stance included in Schedule I, I.1, II, III, IV''

Strike out line 36, at page 37, and substitute the following therefor:

``I.1, II, III, IV or V or any class thereof;''

Strike out lines 4 and 5, at page 38, and substitute the following therefor:

``(n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of,''

Strike out lines 7 and 8, at page 38, and substitute the following therefor:

``(o) respecting the qualifications for analysts and their powers and duties;''

Strike out lines 13 to 18, at page 39, and substitute the following therefor:

``Act or regulations; and

(z.1) prescribing anything that, by this''

Strike out line 42, at page 39, and substitute the following therefor:

``application of any provision of Part I or the regulations;''

Clause 59

Delete Clause 59

Clause 60

Strike out line 27, at page 41, and substitute the following therefor:

``der, amend any of Schedules I to VII by ad-''

New Clause 71.1

Add, immediately after line 35, at page 46, the following:

``71.1 Paragraph 553(c) of the Act is amended by striking out the word ``or'' at the end of subparagraph (vii) and by adding the following after subparagraph (viii):

(ix) paragraph 5(4)(a) of the Controlled Drugs and Substances Act, or

(x) subsection 6(4) of the Controlled Drugs and Substances Act.''

Schedule I

Strike out, at page 54, item 3 in Schedule I;

New Schedule I.1

Add, immediately after Schedule I, at page 59, the following:

``SCHEDULE I.1
(Sections 2, 5 to 8, 11, 28, 54 and 60)

1. Cannabis, its preparations, derivatives and similar synthetic preparations, including:

(1) Cannabis resin

(2) Cannabis (marihuana)

(3) Cannabidiol (2-[3-methyl-6-(1-methylethenyl)-2-cyclohexen-1- yl]-5-pentyl-1,3-benzenediol)

(4) Cannabinol (3-n-amyl-6, 6, 9-trimethyl-6-dibenzopyran-1-ol)

(5) Nabilone ((+)-trans-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo[b, d] pyran-9-one)

(6) Pyrahexyl (3-n-hexyl-6, 6, 9-trimethyl-7, 8, 9, 10-tetrahydro-6-dibenzopyran-1-ol)

(7) Tetrahydrocannabinol (tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo[b, d]pyran-1-ol)

but not including

(8) Non-viable Cannabis seed''

New Schedule VII

Add, immediately after Schedule VI, at page 67, the following:

``SCHEDULE VII
(sections 5 and 60)

Substance Amount

1. Cannabis resin 1 g

2. Cannabis (marihuana) 30 g''

A copy of the Minutes of Proceedings and Evidence relating to this Bill (Issues Nos. 1, 2, 3, 4 and Minutes of Proceedings 5 which includes this report) is tabled.

Respectfully submitted,

Le président,

PAUL SZABO,

Chairman.

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