Importing and Exporting Drugs (Offence): Difference between revisions

Line 67:

{{quotation2|

; 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 {{AnnSecC|Schedule I}}, II {{AnnSecC|Schedule II}}, III {{AnnSecC|Schedule III}}, IV {{AnnSecC|Schedule IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}}.

6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I {{AnnSecC|Schedule-I}}, II {{AnnSecC|Schedule-II}}, III {{AnnSecC|Schedule-III}}, IV {{AnnSecC|Schedule-IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}}.

; Possession for the purpose of exporting

(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I {{AnnSecC|Schedule I}}, II {{AnnSecC|Schedule II}}, III {{AnnSecC|Schedule III}}, IV {{AnnSecC|Schedule IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}} for the purpose of exporting it from Canada.

(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I {{AnnSecC|Schedule-I}}, II {{AnnSecC|Schedule-II}}, III {{AnnSecC|Schedule-III}}, IV {{AnnSecC|Schedule-IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}} for the purpose of exporting it from Canada.

; Punishment

(3) Every person who contravenes subsection (1) {{AnnSecC|6(1)}} or (2) {{AnnSecC|6(2)}}

:(a) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule I}} in an amount that is not more than one kilogram, or in Schedule II {{AnnSecC|Schedule II}}, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if

:(a) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule-I}} in an amount that is not more than one kilogram, or in Schedule II {{AnnSecC|Schedule-II}}, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if

::(i) the offence is committed for the purposes of trafficking,

::(ii) the person, while committing the offence, abused a position of trust or authority, or

::(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;

:(a.1) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule I}} in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;

:(a.1) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule-I}} in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;

:(b) if the subject matter of the offence is a substance included in Schedule III {{AnnSecC|Schedule III}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}},

:(b) if the subject matter of the offence is a substance included in Schedule III {{AnnSecC|Schedule-III}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule 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 {{AnnSecC|Schedule IV}},

:(c) if the subject matter of the offence is a substance included in Schedule IV {{AnnSecC|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.

@@ Line 67: / Line 67: @@
 {{quotation2|
 ; Importing and exporting
-(1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I {{AnnSecC|Schedule I}}, II {{AnnSecC|Schedule II}}, III {{AnnSecC|Schedule III}}, IV {{AnnSecC|Schedule IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}}.
+(1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I {{AnnSecC|Schedule-I}}, II {{AnnSecC|Schedule-II}}, III {{AnnSecC|Schedule-III}}, IV {{AnnSecC|Schedule-IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}}.
 ; Possession for the purpose of exporting
-(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I {{AnnSecC|Schedule I}}, II {{AnnSecC|Schedule II}}, III {{AnnSecC|Schedule III}}, IV {{AnnSecC|Schedule IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}} for the purpose of exporting it from Canada.
+(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I {{AnnSecC|Schedule-I}}, II {{AnnSecC|Schedule-II}}, III {{AnnSecC|Schedule-III}}, IV {{AnnSecC|Schedule-IV}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}} for the purpose of exporting it from Canada.
 ; Punishment
 (3) Every person who contravenes subsection (1) {{AnnSecC|6(1)}} or (2) {{AnnSecC|6(2)}}
-:(a) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule I}} in an amount that is not more than one kilogram, or in Schedule II {{AnnSecC|Schedule II}}, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if
+:(a) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule-I}} in an amount that is not more than one kilogram, or in Schedule II {{AnnSecC|Schedule-II}}, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if
 ::(i) the offence is committed for the purposes of trafficking,
 ::(ii) the person, while committing the offence, abused a position of trust or authority, or
 ::(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;
-:(a.1) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule I}} in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
+:(a.1) if the subject matter of the offence is a substance included in Schedule I {{AnnSecC|Schedule-I}} in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
-:(b) if the subject matter of the offence is a substance included in Schedule III {{AnnSecC|Schedule III}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule VI}},
+:(b) if the subject matter of the offence is a substance included in Schedule III {{AnnSecC|Schedule-III}}, V {{AnnSecC|Schedule V}} or VI {{AnnSecC|Schedule 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 {{AnnSecC|Schedule IV}},
+:(c) if the subject matter of the offence is a substance included in Schedule IV {{AnnSecC|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.