Anne-Sophie Dagenais

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Importing / Exporting

Section 6 of the Controlled Drug and Substances Act: 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 in an amount that is not more than one kilogram, or in 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 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, 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.