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Here is an excerpt of the laws related to Anabolic Steroids in Canada.
SCHEDULE IV
(Sections 2 to 4, 5 to 7, 29, 55 and 60)
23. Anabolic steroids and their derivatives including:
(1) Androisoxazole (17ß–hydroxy–17α–methylandrostano [3,2–c]isoxazole)
(2) Androstanolone (17ß–hydroxy–5α–androstan–3–one)
(3) Androstenediol (androst–5–ene–3ß,17ß–diol)
(4) Bolandiol (estr–4–ene–3ß,17ß–diol)
(5) Bolasterone (17ß–hydroxy–7α,17–dimethylandrost–4–en–3–one)
(6) Bolazine (17ß–hydroxy–2α–methyl–5α–androstan–3–one azine)
(7) Boldenone (17ß–hydroxyandrosta–1,4–dien–3–one)
(8) Bolenol (19–nor–17α–pregn–5–en–17–ol)
(9) Calusterone (17ß–hydroxy–7ß,17–dimethylandrost–4–en–3–one)
(10) Clostebol (4–chloro–17ß–hydroxyandrost–4–en–3–one)
(11) Drostanolone (17ß–hydroxy–2α–methyl–5α–androstan–3–one)
(12) Enestebol (4, 17ß–dihydroxy–17–methylandrosta–1,4–dien–3–one)
(13) Epitiostanol (2α, 3α–epithio–5α–androstan–17ß–ol)
(14) Ethylestrenol (19–nor–17α–pregn–4–en–17–ol)
(15) 4–Hydroxy–19–nor testosterone
(16) Fluoxymesterone (9–fluoro–11ß,17ß–dihydroxy–17–methylandrost–4–en–3–one)
(17) Formebolone (11α, 17ß–dihydroxy–17–methyl–3–oxoandrosta–1,4 di–en–2–carboxaldehyde)
(18) Furazabol (17–methyl–5α–androstano[2,3–c] furazan–17ß–ol)
(19) Mebolazine (17ß–hydroxy–2α,17–dimethyl–5α–androstan–3–one azine)
(20) Mesabolone (17ß–[(1–methoxycyclohexyl)oxy]–5α–androst–1–en–3–one)
(21) Mesterolone (17ß–hydroxy–1α–methyl–5α–androstan–3–one)
(22) Metandienone (17ß–hydroxy–17–methylandrosta–1,4–dien–3–one)
(23) Metenolone (17ß–hydroxy–1–methyl–5α–androst–1–en–3–one)
(24) Methandriol (17α–methylandrost–5–ene–3ß,17ß–diol)
(25) Methyltestosterone (17ß–hydroxy–17–methylandrost–4–en–3–one)
(26) Metribolone (17ß–hydroxy–17–methylestra–4, 9,11–trien–3–one)
(27) Mibolerone (17ß–hydroxy–7α,17–dimethylestr–4–en–3–one)
(28) Nandrolone (17ß–hydroxyestr–4–en–3–one)
(29) Norboletone (13–ethyl–17ß–hydroxy–18, 19–dinorpregn–4–en–3–one)
(30) Norclostebol (4–chloro–17ß–hydroxyestr–4–en–3–one)
(31) Norethandrolone (17α–ethyl–17ß–hydroxyestr–4–en–3–one)
(32) Oxabolone (4,17ß–dihydroxyestr–4–en–3–one)
(33) Oxandrolone (17ß–hydroxy–17–methyl–2–oxa–5α–androstan–3–one)
(34) Oxymesterone (4,17ß–dihydroxy–17–methylandrost–4–en–3–one)
(35) Oxymetholone (17ß–hydroxy–2–(hydroxymethylene)–17–methyl–5α–androstan–3–one)
(36) Prasterone (3ß–hydroxyandrost–5–en–17–one)
(37) Quinbolone (17ß–(1–cyclopenten–1–yloxy) androsta–1,4–dien–3–one)
(38) Stanozolol (17ß–hydroxy–17–methyl–5α–androstano [3,2–c]pyrazole)
(39) Stenbolone (17ß–hydroxy–2–methyl–5α–androst–1–en–3–one)
(40) Testosterone (17ß–hydroxyandrost–4–en–3–one)
(41) Tibolone ((7α,17α)-17–hydroxy–7–methyl–19–norpregn–5(10) en–20–yn–3–one)
(42) Tiomesterone (1α,7α–bis(acetylthio)–17ß –hydroxy–17–methylandrost–4–en–3–one)
(43) Trenbolone (17ß–hydroxyestra–4,9,11–trien–3–one)
OFFENCES AND PUNISHMENT
Particular Offences
Marginal noteossession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Marginal note:Obtaining substance
(2) No person shall seek or obtain
(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Marginal noteunishment
(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.
Marginal noteunishment
(4) Subject to subsection (5), 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 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.
Marginal noteunishment
(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 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.
Marginal noteunishment
(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III
(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.
Marginal noteunishment
(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 II,
(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; 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.
Marginal noteetermination of amount
(8) For the purposes of subsection (5) and Schedule 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.
Marginal note:Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
Marginal noteossession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Marginal noteunishment
(3) Every person who contravenes subsection (1) or (2)
(a) subject to subsection (4), where 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;
(b) where the subject-matter of the offence is a substance included in Schedule III,
(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.
Marginal noteunishment 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 does not exceed the amount 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.
Marginal note:Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), 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.
Marginal note:Interpretation
(6) For the purposes of subsection (4) 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.
Marginal note: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.
Marginal noteossession 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.
Marginal noteunishment
(3) Every person who contravenes subsection (1) or (2)
(a) where 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;
(b) where the subject-matter of the offence is a substance included in Schedule III 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) where the subject-matter of the offence is a substance included in Schedule IV or V,
(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.
Marginal noteroduction of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Marginal noteunishment
(2) Every person who contravenes subsection (1)
(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;
(c) where the subject-matter of the offence is a substance included in Schedule III,
(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.
Marginal noteossession, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 of Schedule I or subitem 1(9) of Schedule III.
Marginal noteunishment
(2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.
2011, c. 14, s. 1.
8. and 9. [Repealed, 2001, c. 32, s. 48]
Sentencing
Marginal noteurpose 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.
Marginal note:Circumstances 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 or IV 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 eighteen years, or
(iv) trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;
(b) was previously convicted of a designated substance offence; or
(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.
Marginal note: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.
1996, c. 19, s. 10;1999, c. 5, s. 49.
PART II
ENFORCEMENT
Search, Seizure and Detention
Marginal note:Information for search warrant
11. (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that
(a) a controlled substance or precursor in respect of which this Act has been contravened,
(b) any thing in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,
(c) offence-related property, or
(d) any thing that will afford evidence in respect of an offence under this Act or an offence, in whole or in part in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code
is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for any such controlled substance, precursor, property or thing and to seize it.
Marginal note:Application of section 487.1 of the Criminal Code
(2) For the purposes of subsection (1), an information may be submitted by telephone or other means of telecommunication in accordance with section 487.1 of the Criminal Code, with such modifications as the circumstances require.
Marginal note:Execution in another province
(3) A justice may, where a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant referred to in that subsection and the warrant may be executed in the other province after it has been endorsed by a justice having jurisdiction in that other province.
Marginal note:Effect of endorsement
(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to deal with the things seized in accordance with the law.
Marginal note:Search of person and seizure
(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.
Marginal note:Seizure of things not specified
(6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to the things mentioned in the warrant,
(a) any controlled substance or precursor in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;
(b) any thing that the peace officer believes on reasonable grounds to contain or conceal a controlled substance or precursor referred to in paragraph (a);
(c) any thing that the peace officer believes on reasonable grounds is offence-related property; or
(d) any thing that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.
Marginal note:Where warrant not necessary
(7) A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one.
Marginal note:Seizure of additional things
(8) A peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to the things mentioned in the warrant and in subsection (6), any thing that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will afford evidence in respect of an offence.
1996, c. 19, s. 11;2005, c. 44, s. 13.
Previous Version
Marginal note:Assistance and use of force
12. For the purpose of exercising any of the powers described in section 11, a peace officer may
(a) enlist such assistance as the officer deems necessary; and
(b) use as much force as is necessary in the circumstances.
Marginal note:Sections 489.1 and 490 of the Criminal Code applicable
13. (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to any thing seized under this Act.
Marginal note:Sections 489.1 and 490 of the Criminal Code applicable
(2) Where a thing seized under this Act is offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 of this Act.
Marginal noterovisions of this Act applicable
(3) Where a controlled substance is seized under this Act or any other Act of Parliament or pursuant to a power of seizure at common law, this Act and the regulations apply in respect of that substance.
Marginal note:Report to justice
(4) Subject to the regulations, every peace officer who, pursuant to section 11, seizes a controlled substance shall, as soon as is reasonable in the circumstances after the seizure,
(a) prepare a report identifying the place searched, the controlled substance and the location where it is being detained;
(b) cause the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, where by reason of exigent circumstances a warrant was not issued, a justice who would have had jurisdiction to issue a warrant; and
(c) cause a copy of the report to be sent to the Minister.
Marginal note:Report to justice
(5) A report in Form 5.2 of the Criminal Code may be filed as a report for the purposes of subsection (4).
Marginal note:Recognizance
(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.
SCHEDULE IV
(Sections 2 to 4, 5 to 7, 29, 55 and 60)
23. Anabolic steroids and their derivatives including:
(1) Androisoxazole (17ß–hydroxy–17α–methylandrostano [3,2–c]isoxazole)
(2) Androstanolone (17ß–hydroxy–5α–androstan–3–one)
(3) Androstenediol (androst–5–ene–3ß,17ß–diol)
(4) Bolandiol (estr–4–ene–3ß,17ß–diol)
(5) Bolasterone (17ß–hydroxy–7α,17–dimethylandrost–4–en–3–one)
(6) Bolazine (17ß–hydroxy–2α–methyl–5α–androstan–3–one azine)
(7) Boldenone (17ß–hydroxyandrosta–1,4–dien–3–one)
(8) Bolenol (19–nor–17α–pregn–5–en–17–ol)
(9) Calusterone (17ß–hydroxy–7ß,17–dimethylandrost–4–en–3–one)
(10) Clostebol (4–chloro–17ß–hydroxyandrost–4–en–3–one)
(11) Drostanolone (17ß–hydroxy–2α–methyl–5α–androstan–3–one)
(12) Enestebol (4, 17ß–dihydroxy–17–methylandrosta–1,4–dien–3–one)
(13) Epitiostanol (2α, 3α–epithio–5α–androstan–17ß–ol)
(14) Ethylestrenol (19–nor–17α–pregn–4–en–17–ol)
(15) 4–Hydroxy–19–nor testosterone
(16) Fluoxymesterone (9–fluoro–11ß,17ß–dihydroxy–17–methylandrost–4–en–3–one)
(17) Formebolone (11α, 17ß–dihydroxy–17–methyl–3–oxoandrosta–1,4 di–en–2–carboxaldehyde)
(18) Furazabol (17–methyl–5α–androstano[2,3–c] furazan–17ß–ol)
(19) Mebolazine (17ß–hydroxy–2α,17–dimethyl–5α–androstan–3–one azine)
(20) Mesabolone (17ß–[(1–methoxycyclohexyl)oxy]–5α–androst–1–en–3–one)
(21) Mesterolone (17ß–hydroxy–1α–methyl–5α–androstan–3–one)
(22) Metandienone (17ß–hydroxy–17–methylandrosta–1,4–dien–3–one)
(23) Metenolone (17ß–hydroxy–1–methyl–5α–androst–1–en–3–one)
(24) Methandriol (17α–methylandrost–5–ene–3ß,17ß–diol)
(25) Methyltestosterone (17ß–hydroxy–17–methylandrost–4–en–3–one)
(26) Metribolone (17ß–hydroxy–17–methylestra–4, 9,11–trien–3–one)
(27) Mibolerone (17ß–hydroxy–7α,17–dimethylestr–4–en–3–one)
(28) Nandrolone (17ß–hydroxyestr–4–en–3–one)
(29) Norboletone (13–ethyl–17ß–hydroxy–18, 19–dinorpregn–4–en–3–one)
(30) Norclostebol (4–chloro–17ß–hydroxyestr–4–en–3–one)
(31) Norethandrolone (17α–ethyl–17ß–hydroxyestr–4–en–3–one)
(32) Oxabolone (4,17ß–dihydroxyestr–4–en–3–one)
(33) Oxandrolone (17ß–hydroxy–17–methyl–2–oxa–5α–androstan–3–one)
(34) Oxymesterone (4,17ß–dihydroxy–17–methylandrost–4–en–3–one)
(35) Oxymetholone (17ß–hydroxy–2–(hydroxymethylene)–17–methyl–5α–androstan–3–one)
(36) Prasterone (3ß–hydroxyandrost–5–en–17–one)
(37) Quinbolone (17ß–(1–cyclopenten–1–yloxy) androsta–1,4–dien–3–one)
(38) Stanozolol (17ß–hydroxy–17–methyl–5α–androstano [3,2–c]pyrazole)
(39) Stenbolone (17ß–hydroxy–2–methyl–5α–androst–1–en–3–one)
(40) Testosterone (17ß–hydroxyandrost–4–en–3–one)
(41) Tibolone ((7α,17α)-17–hydroxy–7–methyl–19–norpregn–5(10) en–20–yn–3–one)
(42) Tiomesterone (1α,7α–bis(acetylthio)–17ß –hydroxy–17–methylandrost–4–en–3–one)
(43) Trenbolone (17ß–hydroxyestra–4,9,11–trien–3–one)
OFFENCES AND PUNISHMENT
Particular Offences
Marginal noteossession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Marginal note:Obtaining substance
(2) No person shall seek or obtain
(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Marginal noteunishment
(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.
Marginal noteunishment
(4) Subject to subsection (5), 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 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.
Marginal noteunishment
(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 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.
Marginal noteunishment
(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III
(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.
Marginal noteunishment
(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 II,
(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; 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.
Marginal noteetermination of amount
(8) For the purposes of subsection (5) and Schedule 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.
Marginal note:Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
Marginal noteossession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Marginal noteunishment
(3) Every person who contravenes subsection (1) or (2)
(a) subject to subsection (4), where 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;
(b) where the subject-matter of the offence is a substance included in Schedule III,
(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.
Marginal noteunishment 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 does not exceed the amount 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.
Marginal note:Interpretation
(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), 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.
Marginal note:Interpretation
(6) For the purposes of subsection (4) 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.
Marginal note: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.
Marginal noteossession 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.
Marginal noteunishment
(3) Every person who contravenes subsection (1) or (2)
(a) where 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;
(b) where the subject-matter of the offence is a substance included in Schedule III 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) where the subject-matter of the offence is a substance included in Schedule IV or V,
(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.
Marginal noteroduction of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
Marginal noteunishment
(2) Every person who contravenes subsection (1)
(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
(b) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;
(c) where the subject-matter of the offence is a substance included in Schedule III,
(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.
Marginal noteossession, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 of Schedule I or subitem 1(9) of Schedule III.
Marginal noteunishment
(2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.
2011, c. 14, s. 1.
8. and 9. [Repealed, 2001, c. 32, s. 48]
Sentencing
Marginal noteurpose 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.
Marginal note:Circumstances 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 or IV 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 eighteen years, or
(iv) trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;
(b) was previously convicted of a designated substance offence; or
(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.
Marginal note: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.
1996, c. 19, s. 10;1999, c. 5, s. 49.
PART II
ENFORCEMENT
Search, Seizure and Detention
Marginal note:Information for search warrant
11. (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that
(a) a controlled substance or precursor in respect of which this Act has been contravened,
(b) any thing in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,
(c) offence-related property, or
(d) any thing that will afford evidence in respect of an offence under this Act or an offence, in whole or in part in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code
is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for any such controlled substance, precursor, property or thing and to seize it.
Marginal note:Application of section 487.1 of the Criminal Code
(2) For the purposes of subsection (1), an information may be submitted by telephone or other means of telecommunication in accordance with section 487.1 of the Criminal Code, with such modifications as the circumstances require.
Marginal note:Execution in another province
(3) A justice may, where a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant referred to in that subsection and the warrant may be executed in the other province after it has been endorsed by a justice having jurisdiction in that other province.
Marginal note:Effect of endorsement
(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to deal with the things seized in accordance with the law.
Marginal note:Search of person and seizure
(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.
Marginal note:Seizure of things not specified
(6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to the things mentioned in the warrant,
(a) any controlled substance or precursor in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;
(b) any thing that the peace officer believes on reasonable grounds to contain or conceal a controlled substance or precursor referred to in paragraph (a);
(c) any thing that the peace officer believes on reasonable grounds is offence-related property; or
(d) any thing that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.
Marginal note:Where warrant not necessary
(7) A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one.
Marginal note:Seizure of additional things
(8) A peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to the things mentioned in the warrant and in subsection (6), any thing that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will afford evidence in respect of an offence.
1996, c. 19, s. 11;2005, c. 44, s. 13.
Previous Version
Marginal note:Assistance and use of force
12. For the purpose of exercising any of the powers described in section 11, a peace officer may
(a) enlist such assistance as the officer deems necessary; and
(b) use as much force as is necessary in the circumstances.
Marginal note:Sections 489.1 and 490 of the Criminal Code applicable
13. (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to any thing seized under this Act.
Marginal note:Sections 489.1 and 490 of the Criminal Code applicable
(2) Where a thing seized under this Act is offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 of this Act.
Marginal noterovisions of this Act applicable
(3) Where a controlled substance is seized under this Act or any other Act of Parliament or pursuant to a power of seizure at common law, this Act and the regulations apply in respect of that substance.
Marginal note:Report to justice
(4) Subject to the regulations, every peace officer who, pursuant to section 11, seizes a controlled substance shall, as soon as is reasonable in the circumstances after the seizure,
(a) prepare a report identifying the place searched, the controlled substance and the location where it is being detained;
(b) cause the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, where by reason of exigent circumstances a warrant was not issued, a justice who would have had jurisdiction to issue a warrant; and
(c) cause a copy of the report to be sent to the Minister.
Marginal note:Report to justice
(5) A report in Form 5.2 of the Criminal Code may be filed as a report for the purposes of subsection (4).
Marginal note:Recognizance
(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.