C-4514264-65-66-67Elizabeth II2015-2016-2017-2018An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other ActsCannabis ActCannabis Act20253
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C-24.516201890837Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Cannabis Act.
Interpretation
DefinitionsThe following definitions apply in this Act.analyst means an individual who is designated as an analyst under section 130. (analyste)Attorney General meansthe Attorney General of Canada, and includes his or her lawful deputy; orwith respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes his or her lawful deputy. (procureur général)brand element includes a brand name, trademark, tradename, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, cannabis, a cannabis accessory or a service related to cannabis; ora brand of any cannabis, cannabis accessory or service related to cannabis. (élément de marque)brand-preference promotion means promotion of cannabis by means of its brand characteristics, promotion of a cannabis accessory by means of its brand characteristics or promotion of a service related to cannabis by means of the brand characteristics of the service. (promotion de marque)cannabis means a cannabis plant and anything referred to in Schedule 1 but does not include anything referred to in Schedule 2. (cannabis)cannabis accessory meansa thing, including rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers, that is represented to be used in the consumption of cannabis; ora thing that is deemed under subsection (3) to be represented to be used in the consumption of cannabis. (accessoire)cannabis plant means a plant that belongs to the genus Cannabis. (plante de cannabis)chemical offence-related property means offence-related property that is a chemical and includesanything that contains any offence-related property that is a chemical; oranything that has any offence-related property on it that is a chemical. (bien infractionnel chimique)chemical property meansany chemical offence-related property;a chemical that is not chemical offence-related property; oranything that contains a chemical referred to in paragraph (b) or anything that has such a chemical on it. (bien chimique)competent authority means a public authority of a foreign country that is authorized under the laws of that country to approve the importation or exportation of cannabis into or from that country. (autorité compétente)designated offence meansan offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1); ora conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée)distribute includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute. (distribuer)dried cannabis means any part of a cannabis plant that has been subjected to a drying process, other than seeds. (cannabis séché)dwelling-house has the same meaning as in section 2 of the Criminal Code. (maison d’habitation)government means any of the following or their institutions:the federal government;a corporation named in Schedule III to the Financial Administration Act;the government of a province or a public body established under an Act of the legislature of a province;an aboriginal government as defined in subsection 13(3) of the Access to Information Act;the government of a foreign state or of a subdivision of a foreign state; andan international organization of states. (administration)illicit cannabis means cannabis that is or was sold, produced or distributed by a person prohibited from doing so under this Act or any provincial Act or that was imported by a person prohibited from doing so under this Act. (cannabis illicite)informational promotion means a promotion by which factual information is provided to the consumer aboutcannabis or its characteristics;a cannabis accessory or its characteristics;a service related to cannabis; orthe availability or price of cannabis, a cannabis accessory or a service related to cannabis. (promotion informative)inspector means an individual who is designated as an inspector under section 84. (inspecteur)judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction. (juge)justice has the same meaning as in section 2 of the Criminal Code. (juge de paix)label includes a legend, word or mark that is, or is to be, applied or attached to or included in, or that accompanies or is to accompany, cannabis or a cannabis accessory or a package. (étiquette)Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 4. (ministre)non-chemical offence-related property means offence-related property that is not chemical offence-related property. (bien infractionnel non chimique)offence-related property means, with the exception of cannabis, any property within or outside Canadaby means of or in respect of which a designated offence is committed;that is used in any manner in connection with the commission of a designated offence; orthat is intended for use for the purpose of committing a designated offence. (bien infractionnel)organization has the same meaning as in section 2 of the Criminal Code. (organisation)package means any inner or outer container or covering. (emballage)person means an individual or organization. (personne)possession has the same meaning as in subsection 4(3) of the Criminal Code. (possession)prescribed means prescribed by the regulations. (Version anglaise seulement)produce, in respect of cannabis, means to obtain it by any method or process, including bymanufacturing;synthesis;altering its chemical or physical properties by any means; orcultivating, propagating or harvesting it or any living thing from which it may be extracted or otherwise obtained. (production)promote, in respect of a thing or service, means to make, for the purpose of selling the thing or service, a representation — other than a representation on a package or label — about the thing or service by any means, whether directly or indirectly, that is likely to influence and shape attitudes, beliefs and behaviours about the thing or service. (promotion)public place includes any place to which the public has access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view. (lieu public)sell includes offer for sale, expose for sale and have in possession for sale. (vente)young person meansfor the purposes of sections 8, 9 and 12, an individual who is 12 years of age or older but under 18 years of age; andfor the purposes of any other provision of this Act, an individual who is under 18 years of age. (jeune)Dried cannabisFor the purposes of this Act, dried cannabis is a class of cannabis.Deeming — cannabis accessoryFor the purposes of the definition cannabis accessory, a thing that is commonly used in the consumption of cannabis is deemed to be represented to be used in the consumption of cannabis if the thing is sold at the same point of sale as cannabis.EquivalencyFor the purposes of this Act, a quantity referred to in column 2 of Schedule 3 in respect of any class of cannabis referred to in column 1 of that Schedule is deemed to be equivalent to 1 g of dried cannabis.
InterpretationEvery power, duty or function imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.
Designation of MinisterThe Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.
Application
Youth Criminal Justice ActThe Youth Criminal Justice Act applies in respect of contraventions of provisions of this Act or of the regulations.
For greater certaintyFor greater certainty, nothing in this Act is to be construed as limiting the operation of the extrajudicial measures that are provided for under the Youth Criminal Justice Act.
Her Majesty
Act binding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.
Purpose
PurposeThe purpose of this Act is to protect public health and public safety and, in particular, toprotect the health of young persons by restricting their access to cannabis;protect young persons and others from inducements to use cannabis;provide for the licit production of cannabis to reduce illicit activities in relation to cannabis;deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures;reduce the burden on the criminal justice system in relation to cannabis;provide access to a quality-controlled supply of cannabis; andenhance public awareness of the health risks associated with cannabis use.
Prohibitions, Obligations and OffencesCriminal Activities
PossessionUnless authorized under this Act, it is prohibitedfor an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis;for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis;for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis;for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;for an individual to possess more than four cannabis plants that are not budding or flowering; orfor an organization to possess cannabis.PunishmentSubject to section 51, every person that contravenes subsection (1)is guilty of an indictable offence and is liablein the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day,in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, orin the case of an organization, to a fine in an amount that is in the discretion of the court; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual who is 18 years of age or older, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, orin the case of an organization, to a fine of not more than $100,000.
Definition of medical emergencyFor the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.Exemption — medical emergencyNo person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene.Exemption — persons at the sceneThe exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.Exemption — evidenceNo person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.DeemingAny condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 8(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.
DistributionUnless authorized under this Act, it is prohibitedfor an individual who is 18 years of age or olderto distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 30 g of dried cannabis,to distribute cannabis to an individual who is under 18 years of age,to distribute cannabis to an organization, orto distribute cannabis that they know is illicit cannabis;for a young personto distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 5 g of dried cannabis,to distribute cannabis to an organization;for an individualto distribute one or more cannabis plants that are budding or flowering, orto distribute more than four cannabis plants that are not budding or flowering; orfor an organization to distribute cannabis.Possession for purpose of distributingUnless authorized under this Act, it is prohibited to possess cannabis for the purpose of distributing it contrary to subsection (1).Defence — subparagraph (1)(a)(ii)It is not a defence to a charge arising out of the contravention of subparagraph (1)(a)(ii) that the accused believed that the individual referred to in that subparagraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.Defence — subsection (2)It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of distributing it to an individual referred to in subparagraph (1)(a)(ii) that the accused believed that the individual was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.PunishmentSubject to section 51, every person that contravenes subsection (1) or (2)is guilty of an indictable offence and is liablein the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than 14 years,in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, orin the case of an organization, to a fine in an amount that is in the discretion of the court; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual who is 18 years of age or older who contravenes any of subparagraphs (1)(a)(i), (iii) and (iv) and (c)(i) and (ii) — or subsection (2) other than by possessing cannabis for the purpose of distributing it contrary to subparagraph (1)(a)(ii) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,in the case of an individual who is 18 years of age or older who contravenes subparagraph (1)(a)(ii) — or subsection (2) if the possession was for the purpose of distribution contrary to subparagraph (1)(a)(ii) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both,in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, orin the case of an organization, to a fine of not more than $100,000.
SellingUnless authorized under this Act, it is prohibited to sell cannabis, or any substance represented or held out to be cannabis, toan individual who is 18 years of age or older;an individual who is under 18 years of age; oran organization.Possession for purpose of sellingUnless authorized under this Act, it is prohibited to possess cannabis for the purpose of selling it contrary to any of paragraphs (1)(a) to (c).Defence — paragraph (1)(b)It is not a defence to a charge arising out of the contravention of paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.Defence — subsection (2)It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.PunishmentSubject to section 51, every person that contravenes any of paragraphs (1)(a) to (c) or subsection (2)is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual who contravenes paragraph (1)(a) or (c) — or subsection (2) other than by possessing cannabis for the purpose of selling it contrary to paragraph (1)(b) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,in the case of an individual who contravenes paragraph (1)(b) — or subsection (2) if the possession was for the purpose of selling contrary to paragraph (1)(b) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, orin the case of an organization, to a fine of not more than $100,000.
Importing and exportingUnless authorized under this Act, the importation or exportation of cannabis is prohibited.Possession for purpose of exportingUnless authorized under this Act, it is prohibited to possess cannabis for the purpose of exporting it.PunishmentEvery person that contravenes subsection (1) or (2)is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, orin the case of an organization, to a fine of not more than $300,000.
ProductionUnless authorized under this Act, it is prohibitedto obtain or offer to obtain cannabis by any method or process, including by manufacturing, by synthesis or by using any means of altering the chemical or physical properties of cannabis; orto alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent.Authorized alterationAn individual may alter the chemical or physical properties of any cannabis that they are not prohibited by this Act from possessing.Definition of organic solventIn paragraph (1)(b), organic solvent means any organic compound that is explosive or highly or extremely flammable, including petroleum naphtha and compressed liquid hydrocarbons such as butane, isobutane, propane and propylene.Cultivation, propagation and harvesting — 18 years of age or olderUnless authorized under this Act, it is prohibited for an individual who is 18 years of age or older to cultivate, propagate or harvest, or to offer to cultivate, propagate or harvest,a cannabis plant that is from a seed or plant material that they know is illicit cannabis; ormore than four cannabis plants at any one time in their dwelling-house.Cultivation, propagation and harvesting — dwelling-house limitUnless authorized under this Act, if two or more individuals who are 18 years of age or older are ordinarily resident in the same dwelling-house, it is prohibited for any of those individuals to cultivate, propagate or harvest any cannabis plants if doing so results in there being more than four such plants being cultivated, propagated or harvested at any one time in the dwelling-house.Cultivation, propagation and harvesting — 18 years of age or older — without authorizationUnless authorized under this Act, it is prohibited for an individual who is 18 years of age or olderto cultivate, propagate or harvest any cannabis plant at a place that is not their dwelling-house or to offer to do so; orto cultivate, propagate or harvest any living thing, other than a cannabis plant, from which cannabis may be extracted or otherwise obtained, or to offer to do so.Cultivation, propagation and harvesting — young persons and organizationsUnless authorized under this Act, it is prohibited for a young person or an organization to cultivate, propagate or harvest any cannabis plant or any other living thing from which cannabis may be extracted or otherwise obtained, or to offer to do any of those things.Definition of dwelling-houseFor the purposes of this section, dwelling-house, in respect of an individual, means the dwelling-house where the individual is ordinarily resident and includesany land that is subjacent to it and the immediately contiguous land that is attributable to it, including a yard, garden or any similar land; andany building or structure on any land referred to in paragraph (a).PunishmentSubject to section 51, every individual who is 18 years of age or older who contravenes any of subsections (1), (4), (5) and (6) or any organization that contravenes subsection (1) or (7)is guilty of an indictable offence and is liable to a term of imprisonment of not more than 14 years; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, orin the case of an organization, to a fine of not more than $100,000.Punishment — young personEvery young person who contravenes subsection (1) or (7) is guilty of an indictable offence, or an offence punishable on summary conviction, and is liable to a youth sentence under the Youth Criminal Justice Act.
Possession, etc., for use in production or distribution of illicit cannabisIt is prohibited to possess, produce, sell, distribute or import anything with the intention that it will be used to produce, sell or distribute illicit cannabis.PunishmentEvery person that contravenes subsection (1)is guilty of an indictable offence and is liable to imprisonment for a term of not more than seven years; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, orin the case of an organization, to a fine of not more than $100,000.
Use of young personIt is prohibited to use the services of, or to involve, a young person in the commission of an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7) or 13(1).PunishmentEvery person that contravenes subsection (1)is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; oris guilty of an offence punishable on summary conviction and is liablein the case of an individual, to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, orin the case of an organization, to a fine of not more than $100,000.
SentencingWithout restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Division 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.Factors to take into considerationIf an individual is convicted of a designated offence, the court imposing sentence on the individual must consider any relevant aggravating factors, including that the individualin relation to the commission of the offence,carried, used or threatened to use a weapon,used or threatened to use violence, orsold or distributed cannabis or possessed it for the purpose of sale or distribution, in or near a school, on or near school grounds or in or near any other public place usually frequented by young persons; andwas previously convicted of a designated offence, as defined in subsection 2(1) of this Act, or a designated substance offence, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.ReasonsIf, in the case of an individual who is convicted of a designated offence, the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) and (b), but decides not to sentence the individual to imprisonment, the court must give reasons for that decision.Drug treatment court programA court sentencing an individual who is convicted of an offence under this Division may delay sentencing to enable the individualto participate in a drug treatment court program approved by the Attorney General; orto attend a treatment program under subsection 720(2) of the Criminal Code.
Other ProhibitionsPromotion
Non-applicationSubject to the regulations, this Subdivision does not applyto a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts cannabis, a cannabis accessory or a service related to cannabis, or a brand element of any of those things, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;to a report, commentary or opinion in respect of cannabis, a cannabis accessory or a service related to cannabis or a brand element of any of those things, if no consideration is given, directly or indirectly, for the reference to the cannabis, cannabis accessory, service or brand element in that report, commentary or opinion;to a promotion, by a person that is authorized to produce, sell or distribute cannabis, that is directed at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers; orto a promotion, by a person that sells or distributes cannabis accessories or that provides a service related to cannabis, that is directed at any person that sells or distributes cannabis accessories, at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers.
PromotionUnless authorized under this Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis, includingby communicating information about its price or distribution;by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons;by means of a testimonial or endorsement, however displayed or communicated;by means of the depiction of a person, character or animal, whether real or fictional; orby presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.Exception — informational promotion — cannabisSubject to the regulations, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion if the promotion isin a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;in a place where young persons are not permitted by law;communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;in a prescribed place; ordone in a prescribed manner.Exception — informational promotion — cannabis accessories and servicesSubject to the regulations, a person may promote a cannabis accessory or a service related to cannabis by means of informational promotion or brand-preference promotion if the promotion isin a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;in a place where young persons are not permitted by law;communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;in a prescribed place; ordone in a prescribed manner.Exception — point of sale — cannabisSubject to the regulations, a person that is authorized to sell cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.Exception — point of sale — cannabis accessory and servicesSubject to the regulations, a person that sells a cannabis accessory or provides a service related to cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.Exception — brand element on other thingsSubject to the regulations, a person may promote cannabis, a cannabis accessory or a service related to cannabis by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on a thing that is not cannabis or a cannabis accessory, other thana thing that is associated with young persons;a thing that there are reasonable grounds to believe could be appealing to young persons; ora thing that is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
False promotion — cannabisIt is prohibited to promote cannabis in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks.False promotion — cannabis accessoryIt is prohibited to promote a cannabis accessory in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks.
Use of certain terms, etc.It is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)(z.1) in the promotion of cannabis, a cannabis accessory or a service related to cannabis.
Promotion using foreign mediaIt is prohibited to promote, in a way that is prohibited by this Part, cannabis, a cannabis accessory, a service related to cannabis or a brand element of any of those things in a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication that originates outside Canada.
SponsorshipIt is prohibited to display, refer to or otherwise use any of the following, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility:a brand element of cannabis, of a cannabis accessory or of a service related to cannabis; andthe name of a person thatproduces, sells or distributes cannabis,sells or distributes a cannabis accessory, orprovides a service related to cannabis.
Name of facilityIt is prohibited to display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity,a brand element of cannabis, a cannabis accessory or a service related to cannabis; orthe name of a person thatproduces, sells or distributes cannabis,sells or distributes a cannabis accessory, orprovides a service related to cannabis.
Publication, etc. of prohibited promotionsIt is prohibited to publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is prohibited by any of sections 17 to 22.ExceptionSubsection (1) does not applyin respect of the distribution for sale of an imported publication;in respect of broadcasting, as defined in subsection 2(1) of the Broadcasting Act, bya distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion that is inserted by the undertaking, oran online undertaking, as defined in that subsection 2(1), that is lawful under that Act, in respect of the retransmission of programs over the Internet, other than the broadcasting of a promotion that is inserted by the undertaking; andin respect of a person that disseminates a promotion if they did not know, at the time of the dissemination, that it includes a promotion that is prohibited under any of sections 17 to 22.2018, c. 16, s. 232023, c. 8, s. 35
InducementsUnless authorized under this Act, it is prohibited for a person that sells cannabis or a cannabis accessoryto provide or offer to provide cannabis or a cannabis accessory if it is provided or offered to be provided without monetary consideration or in consideration of the purchase of any thing or service or the provision of any service;to provide or offer to provide any thing that is not cannabis or a cannabis accessory, including a right to participate in a game, draw, lottery or contest, if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory; orto provide or offer to provide any service if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory.Exception — cannabisSubject to the regulations, subsection (1) does not apply in respect of a person that is authorized to sell cannabis that provides or offers to provide any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.Exception — cannabis accessorySubject to the regulations, subsection (1) does not apply in respect of a person that sells a cannabis accessory that provides or offers to provide any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.
Packaging and Labelling
Compliance with regulationsIt is prohibited for a person that is authorized to sell cannabis to sell cannabis that has not been packaged or labelled in accordance with the regulations.
Prohibited packaging and labelling — cannabisUnless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to sell it in a package or with a labelif there are reasonable grounds to believe that the package or label could be appealing to young persons;that sets out a testimonial or endorsement, however displayed or communicated;that sets out a depiction of a person, character or animal, whether real or fictional;that associates the cannabis or one of its brand elements with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; orthat contains any information that is false, misleading or deceptive or that is likely to create an erroneous impression about the characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks of the cannabis.
Prohibited packaging and labelling — cannabis accessoryUnless authorized under this Act, it is prohibited for a person that sells a cannabis accessory to sell it in a package or with a labelif there are reasonable grounds to believe that the package or label could be appealing to young persons;that sets out a testimonial or an endorsement, however displayed or communicated;that sets out a depiction of a person, character or animal, whether real or fictional;that associates the cannabis accessory or one of its brand elements with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; orthat contains any information that is false, misleading or deceptive or that is likely to create an erroneous impression about the design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks of the cannabis accessory.
Use of certain terms, etc.Unless authorized under this Act, it is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)(z.1) on a package or label of cannabis or a cannabis accessory.
Display
Display of cannabisUnless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to display it, or any package or label of cannabis, in a manner that may result in the cannabis, package or label being seen by a young person.
Display of cannabis accessoryUnless authorized under this Act, it is prohibited for a person that sells a cannabis accessory to display it, or any package or label of a cannabis accessory, in a manner that may result in the cannabis accessory, package or label being seen by a young person.
Selling and Distributing
Appeal to young personsUnless authorized under this Act, it is prohibited to sell cannabis or a cannabis accessory that has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons.
Selling cannabis accessory to young personUnless authorized under this Act, it is prohibited to sell a cannabis accessory to a young person.DefenceIt is not a defence to a charge under subsection (1) that the accused believed that the young person referred to in that subsection was at least 18 years of age, unless the accused took reasonable steps to ascertain the individual’s age.
Prohibited salesUnless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to sell cannabis of any class that is not referred to in Schedule 4.
Prohibited substancesUnless authorized under this Act, it is prohibited to sell any mixture of substances that contains cannabis and any substance that is referred to in column 1 of Schedule 5.Non-application of subsection (1)Subsection (1) does not apply in respect of a mixture of substances that contains a substance that is referred to in column 1 of Schedule 5 and any cannabis of a class of cannabis that is referred to in column 2 of that Schedule in respect of that substance.
Selling or distributing recalled cannabisIt is prohibited to sell or distribute cannabis that is the subject of a recall order made under section 76.
Self-service displayUnless authorized under this Act, it is prohibited to sell or distribute cannabis or a cannabis accessory by means of a display that allows for self-service.
Dispensing deviceUnless authorized under this Act, it is prohibited to sell or distribute cannabis or a cannabis accessory by means of a dispensing device.
Other Prohibitions
Obstructing inspectorIt is prohibited to obstruct, by act or omission, an inspector who is engaged in the exercise of powers or the performance of duties or functions under this Act.False statementsIt is prohibited to knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of powers or the performance of duties or functions under this Act.InterferenceIt is prohibited, without the authority of an inspector, to move, alter or interfere with, in any way, anything seized, detained or taken under section 86.
False or misleading statementIt is prohibited to knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any record, report, electronic data or document that is required to be prepared, retained or provided by any person under this Act.
Obligations
Compliance with conditionsThe holder of a licence or permit issued under this Act must comply with its conditions.
SuspensionIf a licence or permit issued under this Act is suspended in respect of any or all activities, its holder must cease conducting, for the duration of the suspension, the activities to which the suspension relates.
Public disclosureEvery person that is authorized under this Act to produce, sell or distribute cannabis must make available to the public, in the prescribed form and manner and within the prescribed time, information about cannabis that is required by the regulations.
Promotion-related information — cannabisEvery person that is authorized under this Act to produce, sell or distribute cannabis must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion of cannabis that they conduct, including a promotion referred to in paragraph 16(c).Promotion-related information — cannabis accessories and servicesEvery person that sells or distributes a cannabis accessory, or that provides a service related to cannabis, must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion of cannabis accessories or their service related to cannabis, as the case may be, that they conduct, including a promotion referred to in paragraph 16(d).Inducement informationEvery person that sells cannabis or cannabis accessories must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs 24(1)(a) to (c) that they provide or offer to provide.Additional informationThe Minister may, subject to the regulations, request that a person that has provided information under any of subsections (1) to (3) provide additional information relating to the information they provided under that subsection, and that person must provide the requested information in the form and manner and within the time specified by the Minister.
Miscellaneous
PenaltySubject to section 51, every person that contravenes a provision of this Act for which no punishment is otherwise provided by this Act, or that contravenes a provision of a regulation, an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82,is guilty of an indictable offence and is liable to a fine of not more than $5,000,000 or imprisonment for a term of not more than three years, or to both; oris guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent offence, to a fine of not more than $500,000 or imprisonment for a term of not more than 18 months, or to both.
Limitation periodNo summary conviction proceedings in respect of an offence under section 44 may be commenced after the expiry of one year after the day on which the subject-matter of the proceedings arose.
Offences by corporate officers, etc.If a person other than an individual commits an offence under section 44, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.
Continuing offenceIf an offence under section 44 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Employees or agents or mandatariesIn a prosecution for an offence under section 44, it is sufficient proof of the offence to establish that it was committed by any employee or agent or mandatary of the accused, even if the employee or agent or mandatary is not identified or is not prosecuted for the offence.
VenueProceedings in respect of an offence in relation to a contravention of any provision of this Act or of the regulations, or of an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, may be held in the place where the offence was committed or where the subject-matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.
Reference to exception, exemption, etc.No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463, 464 or 465 of the Criminal Code in respect of such an offence.RebuttalIn any prosecution for an offence under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit, authorization, exemption or qualification does not operate in favour of the accused, whether or not it is referred to in the information or indictment.
Ticketable Offences
ProcedureIn addition to the procedures set out in the Criminal Code, proceedings referred to in subsection (2) against an individual who is 18 years of age or older or an organization may be commenced by a peace officercompleting a ticket that consists of a summons portion and an information portion;in the case of proceedings against an individual, delivering the summons portion of the ticket to the accused;in the case of proceedings against an organization, sending the summons portion of the ticket, or delivering it, to the organization in accordance with the regulations; andfiling the information portion of the ticket with a court of criminal jurisdiction before or as soon as feasible after the summons portion has been delivered or sent.ProceedingsThe proceedings for the purposes of subsection (1) are the following:proceedings in respect of an offence arising out of the contravention of paragraph 8(1)(a) or (b) or any of subparagraphs 9(1)(a)(i), (iii) and (iv) in respect of cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to 50 g or less of dried cannabis;proceedings against an individual who is 18 years of age or older in respect of an offence arising out of the contravention of paragraph 8(1)(e) or subparagraph 9(1)(c)(ii) in respect of five or six cannabis plants;proceedings in respect of an offence arising out of the contravention of subsection 9(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of distributing it contrary to any of subparagraphs 9(1)(a)(i), (iii) and (iv);proceedings against an individual in respect of an offence arising out of the contravention of paragraph 10(1)(a) or (c) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;proceedings against an individual in respect of an offence arising out of the contravention of subsection 10(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of selling it contrary to paragraph 10(1)(a) or (c);proceedings against an individual in respect of an offence arising out of the contravention of paragraph 12(1)(a) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;proceedings in respect of an offence arising out of the contravention of paragraph 12(4)(b) in respect of five or six cannabis plants;proceedings in respect of an offence arising out of the contravention of subsection 12(5) in respect of one or two cannabis plants; andproceedings in respect of an offence arising out of the contravention of section 44 in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)(z.6).Content of ticketThe summons and information portions of the ticket must set outa description of the offence and the time and place of its alleged commission;a statement, signed by the peace officer who completes the ticket, that the peace officer has reasonable grounds to believe that the accused committed the offence;an amount equal to the amount, determined under subsection (4), to be paid for the offence;the manner in which and period within which the amount is to be paid;a lesser amount than the amount determined under subsection (4) that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (d);a statement that if the accused pays the amount within the period referred to in paragraph (d) or (d.1),a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,the judicial record of the accused in respect of the offence will not be used for any purpose that would identify the accused as a person dealt with under this Act, andif cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty;a statement that if the accused wishes to plead not guilty, the accused must appear in the court, at the place, day and time set out in the ticket;a statement that if the accused pleads not guilty, he or she will be given an opportunity to indicate in which official language he or she wishes to be tried; anda statement that if the accused does not enter a plea and does not pay the amount within the period referred to in paragraph (d) or (d.1)a conviction will be entered in the judicial record of the accused, andif cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty.AmountFor the purpose of paragraph (3)(c), the amount isfor an offence referred to in any of paragraphs (2)(a) to (h), $200 plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees; andfor an offence in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)(z.6), the amount specified in those regulations in respect of that offence plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees.
Consequences of paymentPayment of the amount set out in the ticket by the accused within the period referred to in paragraph 51(3)(d) or (d.1) constitutes a plea of guilty to the offence described in the ticket and, following the payment,a finding of guilt is to be entered in the judicial record of the accused and the accused is deemed to have received an absolute discharge and not to have been convicted of the offence;the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act; andif cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty.
Consequences of being convictedIf an accused pleads not guilty and the accused is convicted of the offence described in the ticket, the accused is liable to a fine of not more than $200, in the case of an offence referred to in any of paragraphs 51(2)(a) to (h) or, in the case of an offence in respect of a contravention of a provision specified in regulations made under paragraph 139(1)(z.6), to a fine of not more than the amount specified in those regulations in respect of that offence.Non-application of section 731If the accused is convicted of the offence, no order is to be made under section 731 of the Criminal Code in respect of that conviction.Effect of paymentIf the accused is convicted of the offence and the accused pays the amount owing in respect of the conviction, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.
Consequences of failing to pay fineIf an accused fails to pay the amount set out in the ticket within the period referred to in paragraph 51(3)(d) or (d.1), the accused is liable for that amount anda conviction is to be entered in the judicial record of the accused;the conviction is deemed to have been pronounced by a court;if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty;the accused has 60 days after the day of the conviction to pay the amount set out in the ticket; andthe amount set out in the ticket, other than the amount in relation to the applicable fees, is deemed to be the fine imposed by the court.Effect of payment or imprisonmentIf, after being convicted, the accused pays the amount set out in the ticket or, if the accused is an individual, the accused has served, in full, any period of imprisonment imposed as a result of a default in payment of the amount of the fine imposed by the court, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.
ImprisonmentOnly an individual who is unwilling though able to pay a fine or the amount of a victim surcharge imposed in respect of a conviction referred to in subsection 53(1) or a fine imposed in respect of a conviction referred to in section 54 may be imprisoned in default of its payment.
Licences, permits, etc.If the amount to be paid under this Part is owed to Her Majesty in right of Canada, the person responsible, by or under an Act or ordinance of the legislature of a territory, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine or fee is paid in full, proof of which lies on the offender.
Exclusion of laying informationNo information under the Criminal Code may be laid in respect of an offence for which a summons portion of a ticket is delivered or sent.
Application of Criminal CodeExcept where otherwise provided by this Part, Part XXVII of the Criminal Code applies to proceedings commenced under this Part.
Election of Attorney GeneralIf a proceeding in respect of an offence referred to in any of paragraphs 51(2)(a) to (j) is commenced by the laying of an information, the Attorney General may elect that the proceeding be dealt with and disposed of as if it had been commenced under section 51.NoticeIf the election is made, the clerk of the court must provide the accused with a notice that sets outan amount equal to the amount, determined under paragraph 51(4)(a) or (b), as the case may be, to be paid for the offence;the manner in which and period within which the amount is to be paid;a lesser amount than the amount determined under paragraph 51(4)(a) or (b), as the case may be, that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (b);a statement that if the accused pays the amount within the period referred to in paragraph (b) or (b.1),a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,the judicial record of the accused in respect of the offence will not be used for any purpose that would identify the accused as a person dealt with under this Act, andif cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty;a statement that if the accused wishes to plead not guilty or fails to pay the amount within the period referred to in paragraph (b) or (b.1), the accused must appear in the court at the place, day and time set out in the notice; anda statement that if the accused pleads not guilty, an opportunity will be provided for the accused to indicate in which official language the accused wishes to be tried.Effect on conditionsAll conditions imposed on the accused in an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI or XXVII of the Criminal Code in relation to the offence cease to have effect when the accused is notified that the Attorney General has made the election.Deemed ticketThe document and the information laid in respect of the offence are deemed to be a ticket delivered or sent under section 51.
AgreementsThe Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent or mandatary of any such authority respecting, in particular, the following matters:the prosecution of offences commenced under this Part; andthe discharge and enforcement of fines and fees referred to in this Part in respect of offences that are alleged to have been committed in or that are otherwise within the territorial jurisdiction of the courts of the province.
Compensation agreementsThe Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authorityrespecting the sharing with that province or authority of the amounts in respect of fines and fees that are collected in respect of the prosecution of offences commenced under this Part, for the purpose of Canada compensating that province or authority, in whole or in part, for the administration and enforcement of this Part; anddespite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines and fees referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.Deemed not public moneyThe fees imposed under the laws of a province in respect of offences under Division 1 of Part 1 are deemed not to be public money for the purposes of the Financial Administration Act.Appropriation by ParliamentAll or a portion of the amount of fines and fees referred to in paragraph (1)(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.
Licences and Permits
Applications for licences and permitsFor the purposes of exercising his or her power under subsection 62(1) to issue or renew licences and permits, the Minister may, by order,establish classes of applications;establish conditions, by class of application or otherwise, that must be met before or during the consideration of an application;establish an order, by class of application or otherwise, for the consideration of applications; andprovide for the disposition of applications, including those made by an applicant subsequent to the applicant’s first application.No decisionThe fact that an application is retained, returned or disposed of without being considered does not constitute a decision in respect of the application.Clarification — pending applicationsFor greater certainty, an order made under subsection (1) also applies in respect of applications in respect of which no final decision had been made by the Minister before the making of the order.Clarification — other powersNothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which applications are considered.
Authority to issue, renew and amendSubject to orders made under subsection 61(1), the regulations and subsection (2), the Minister may, on application, issue, renew or amend licences and permits that authorize the importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession or disposal of cannabis or any class of cannabis.Limitation — importation and exportationLicences and permits authorizing the importation or exportation of cannabis may be issued only in respect of cannabis for medical or scientific purposes or in respect of industrial hemp.ApplicationAn application for a licence or permit, or for its renewal or amendment, must be filed with the Minister in the form and manner specified by the Minister and set out the information required by the Minister, including financial information and any information required by the regulations.Financial informationFor the purposes of subsection (3), financial information in respect of an organization includes information about its shareholders or members and who controls it, directly or indirectly.Additional informationThe Minister may, on receiving an application, require the submission of any additional information, including financial information, that pertains to the information contained in the application and that is necessary for the Minister to consider the application.Refusal to considerThe Minister may refuse to consider an application if any information required to be provided under any of subsections (3) to (5) is not provided.Grounds for refusalThe Minister may refuse to issue, renew or amend a licence or permit ifthe issuance, the renewal or the amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity;there are reasonable grounds to believe that false or misleading information or false or falsified documents were submitted in, or in support of, the application;the applicant has contravened in the past 10 years a provision of this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act or of any regulation made under this Act or any of those Acts;there are reasonable grounds to believe that the applicant has contravened in the past 10 yearsan order made under this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act, ora condition of another licence or permit issued to the applicant under this Act or any of those Acts;the applicant isa young person,an individual who is not ordinarily resident in Canada, oran organization that was incorporated, formed or otherwise organized outside Canada;a security clearance in respect of the application has been refused or cancelled;the Minister is of the opinion that it is in the public interest to do so; orany prescribed grounds for refusal exist.Notice of refusalIf the Minister refuses to issue, renew or amend a licence or permit, he or she must send the applicant a notice in writing that sets out the reasons for the refusal.Conditions — regulationsEvery licence or permit is subject to the conditions set out in regulations made under paragraph 139(1)(g).Conditions — MinisterSubject to the regulations, the Minister may make a licence or permit subject to any conditions that he or she considers appropriate.
Amendment on own initiativeThe Minister may, in accordance with the regulations, on his or her own initiative, amend a licence or permit if he or she is of the opinion that the amendment is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity.Notice of proposed amendmentIf the Minister proposes to amend a licence or permit on his or her own initiative, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed amendment and give the holder an opportunity to be heard.
SuspensionSubject to the regulations, the Minister may suspend a licence or permit without prior notice to its holder in respect of any or all authorized activities in relation to any cannabis specified by the Minister ifthe Minister has reasonable grounds to believe that the suspension is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity; orany prescribed circumstance exists.Notice of suspensionIf a licence or permit is suspended under subsection (1), the suspension takes effect as soon as the Minister provides the holder with a notice in writing of the suspension. The notice must also set out the reasons for the suspension.Opportunity to be heardThe holder may, within 10 days after receipt of the notice under subsection (2), provide the Minister with reasons why the holder believes the suspension is unfounded.ReinstatementThe Minister must, by notice to the holder, reinstate a licence or permit in respect of any or all activities or cannabis affected by the suspension if the reasons for the suspension no longer exist or the holder demonstrates to the Minister that the suspension was unfounded.
RevocationSubject to the regulations, the Minister may revoke a licence or permit ifthere are reasonable grounds to believe that it was issued on the basis of false or misleading information or false or falsified documents submitted in, or in support of, the application;the holder has, since its issuance, contravened a provision of this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act or of any regulation made under this Act or any of those Acts;there are reasonable grounds to believe that the holder has, since its issuance, contravenedan order made under this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act, ora condition of another licence or permit issued to the holder under this Act or any of those Acts;information received from a peace officer, a competent authority or an international organization of states or any of its institutions raises reasonable grounds to believe that its holder has been involved in the diversion of cannabis, or of any controlled substance or precursor as those terms are defined in subsection 2(1) of the Controlled Drugs and Substances Act, to an illicit market or activity;the holder is an individual who has, since its issuance, ceased to be ordinarily resident in Canada;since the issuance of the licence or permit, a security clearance in respect of the licence or permit has been cancelled;the Minister is of the opinion that it is in the public interest to revoke it; orany prescribed circumstance exists.
Notice of proposed revocationIf the Minister proposes to revoke a licence or permit, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed revocation and give the holder an opportunity to be heard.
Security clearancesSubject to the regulations, the Minister may grant or refuse to grant a security clearance or suspend or cancel a security clearance.Security clearance required by MinisterThe Minister may specify, by name or position, any person — other than a person specified in the regulations — who must hold a security clearance if the Minister is of the opinion that the personperforms, has performed or is about to perform activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part; orhas, has had or is about to have custody, management or control of the place where activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part, are being or will be performed.NoticeIf the Minister specifies that a person must hold a security clearance under subsection (2), the Minister must provide the applicant for, or the holder of, the licence or permit related to that person with a notice to that effect in writing.
Termination of applicationThe Minister may, by order, fix a date for the termination of applications of a class of applications for a licence or permit under section 62 and, if he or she does so, every application of that class is terminated at the expiry of that date if a final decision has not been made in respect of that application.Fees returnedAny fees paid in respect of an application that is terminated under subsection (1) must be returned, without interest, to the person that paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.No recourse or indemnityNo person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).
General Authorizations
Provincially authorized sellingA person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3).ApplicationSubsection (1) applies only if the provincial Act and the legislative measures are in force.Legislative measuresFor the purposes of subsection (1), the legislative measures in a provincial Act that authorizes the selling of cannabis are the following in respect of persons authorized to sell cannabis:they may sell only cannabis that has been produced by a person that is authorized under this Act to produce cannabis for commercial purposes;they may not sell cannabis to young persons;they are required to keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; andthey are required to take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.
Administration and enforcement activities — federal ActsUnless the regulations provide otherwise, every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of this Act or any other Act of Parliament is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.Administration and enforcement activities — provincial ActsEvery individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of any provincial Act that authorizes the selling of cannabis is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.
Employees — this ActUnless the regulations provide otherwise, every employee of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.Agents and mandataries — this ActUnless the regulations provide otherwise, every person who is acting as the agent or mandatary of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.Contractor — this ActUnless the regulations provide otherwise, every person who is acting under a contract with a person that is authorized under this Act to possess, sell, distribute or produce cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.
Employees — provincial ActsEvery employee of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.Agents and mandataries — provincial ActsEvery person who is acting as the agent or mandatary of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.Contractor — provincial ActsEvery person who is acting under a contract with a person that is authorized under a provincial Act to sell cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by section 8, 9 or 10 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.
Ministerial Orders
Provision of informationThe Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to provide the Minister with any information that the Minister considers necessaryto address an issue of public health or public safety; orto verify compliance or prevent non-compliance with the provisions of this Act or of the regulations.ContentsThe order must include a statement of the reasons for the making of the order and specify the information to be provided and the time and manner in which it is to be provided.
Tests and studiesFor the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations or to address an issue of public health or public safety, the Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — toconduct tests or studies on the cannabis to which their activities relate or that they are authorized to sell, as the case may be, in order to obtain the information that the Minister considers necessary; andprovide the Minister with that information and the results of the tests or studies.ContentsThe order mustinclude a statement of the reasons for the making of the order;specify the tests or studies that are to be conducted;specify the information that is to be provided; andspecify the time and manner in whichthe tests or studies are to be conducted, andthe information and the results of the tests or studies are to be provided.
MeasuresThe Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to take any measures that the Minister considers necessaryto address an issue of public health or public safety; orto prevent non-compliance with the provisions of this Act or of the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.ContentsThe order must include a statement of the reasons for the making of the order and specify the measures to be taken and the time and manner in which they are to be taken.
RecallIf the Minister believes on reasonable grounds that a recall of any cannabis or class of cannabis is necessary to protect public health or public safety, he or she may, by order, require a person that sells or distributes that cannabis or class of cannabis to recall it or send it — or cause it to be sent — to a place specified in the order, or to do both those things.ContentsThe order must include a statement of the reasons for the making of the order and specify the time and manner in which the recall is to be carried out.
Recall or measures taken by MinisterIf a person does not comply with an order made under section 75 or 76 or an order amended under section 79 within the time specified in the order, the Minister may, on his or her own initiative and at that person’s expense, carry out the measures required or the recall.
Review officersThe Minister may designate any qualified individuals or class of qualified individuals as review officers for the purpose of reviewing orders made under section 79.
Request for reviewSubject to any other provision of this section, an order that is made under any of sections 73 to 76 or amended under subsection (10) must be reviewed on the written request of the person to which the order was addressed — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who amended the order under subsection (10).Contents of and time for making requestThe request must state the grounds for review and set out the evidence that supports those grounds and the decision that is sought. The request must be provided to the Minister within seven days after the day on which the order was provided.No authority to reviewThe review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.Reasons for refusalIf the review is not done, the person that made the request must, without delay, be notified in writing of the reasons.Review initiated by review officerA review officer — other than the individual who amended the order under subsection (10) — may review an order made under any of sections 73 to 76, whether or not a request is made under subsection (1).Order in effectAn order made under any of sections 73 to 76 continues to apply during a review unless the review officer decides otherwise.Completion of reviewA review officer must complete the review no later than the 30th day after the day on which the request is provided to the Minister.Extension of period for reviewThe review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.Reasons for extensionIf the review period is extended, the person that made the request must, without delay, be notified in writing of the reasons for extending it.Decision on completion of reviewOn completion of a review, the review officer must confirm, amend, terminate or cancel the order.Written noticeThe person that made the request or, if there is no request, the person to which the order was addressed must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).Effect of amendmentAn order that is amended is subject to review under this section.
Statutory Instruments ActAn order made under any of sections 73 to 76 is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.
Cannabis Tracking System
Establishment and maintenanceThe Minister may, using the information collected under section 82 and any other information to which the Minister has access, establish and maintain a national cannabis tracking system toenable the tracking of cannabis;prevent cannabis from being diverted to an illicit market or activity; andprevent illicit cannabis from being a source of supply of cannabis in the legal market.
Order requiring informationFor the purpose of section 81, the Minister may, by order, require a class of persons that are authorized to import, export, produce, test, package, label, send, deliver, transport, sell, or dispose of cannabis to provide the Minister with information respecting their activities in relation to cannabis.ContentsThe order must specify the information to be provided and the time within and the form and manner in which it is to be provided and may specify the following:the manner in which and the place where the records, reports, electronic data or other documents containing the information — and any information on which the information is based — are to be retained;the period for which the records, reports, electronic data or other documents referred to in paragraph (a) are to be retained, which must not be more than three years from the date the information is provided to the Minister; andthe manner in which calculations, measurements and other data on which the information is based are to be documented.RestrictionAn order under subsection (1) may not require the provision of any personal information, as defined in section 3 of the Privacy Act, in respect of a consumer that purchases cannabis at the retail level.Extension of timeThe Minister may, by order, on written request from a person that is subject to an order made under subsection (1), extend the time within which the person must comply with the order made under subsection (1). If the order under this subsection is granted, the original time in the order made under subsection (1) is deemed to be replaced, in relation to that person, by the new time.DeemingIf an order is made under subsection (4) after a person has failed to provide information in the time provided for in the order made under subsection (1), the person is deemed not to have failed to provide the information within the required time.Statutory Instruments ActAn order made under subsection (4) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.
Disclosure of informationThe Minister may disclose any information contained in the national cannabis tracking system as follows:he or she may disclose it to the government of a province or a public body established under a provincial Act if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of a provincial Act that contains the legislative measures referred to in subsection 69(3);he or she may disclose it to any federal Minister if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of any Act of Parliament, other than this Act, that applies directly or indirectly to cannabis or any activity in relation to cannabis;he or she may disclose it if he or she has reasonable grounds to believe that the disclosure is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity;he or she may disclose it if the disclosure is necessary to enable Canada to fulfil its international obligations;he or she may disclose it to any prescribed person; orhe or she may disclose it in the prescribed circumstances.
Inspections
Designation of inspectorsFor the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.Certificate of designationEach inspector must be provided with a certificate of designation in a form established by the Minister and, when entering any place under subsection 86(1), must, on request, produce the certificate to the person in charge of the place.
Provision of documents, information or samplesAn inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, order a person that is authorized under this Act to conduct any activity in relation to cannabis to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.Duty to provideA person that is ordered by an inspector to provide a document, information or a sample must do so on the date, at the time and place and in the manner specified by the inspector.
Power to enterSubject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable groundsan activity that may be regulated under this Act is being conducted;any record, report, electronic data or other document relating to the administration of this Act or the regulations is located;any record, report, electronic data or other document relating to the promotion of cannabis, a cannabis accessory or a service related to cannabis is located;an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister; oran activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.Other powersThe inspector may in the place entered under subsection (1)open and examine any receptacle or package found in the place;examine anything found in the place that is used or may be capable of being used for the production, preservation, packaging, labelling or storage of cannabis;examine any record, report, electronic data or other document, or any label or promotional material, found in the place with respect to cannabis, other than the records of the medical condition of individuals, and make copies of them or take extracts from them;use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;take the record, report or other document, or the label or promotional material, referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;use or cause to be used any copying equipment at the place to make copies of any document;take photographs and make recordings and sketches;examine any substance found in the place and take, for the purpose of analysis, any samples of it;seize and detain in accordance with this Part, cannabis or any other thing found in the place that the inspector believes on reasonable grounds is something in relation to which the Act was contravened or is something the seizure and detention of which is necessary to prevent non-compliance with the provisions of this Act or of the regulations;order the owner or person having possession of cannabis or any other thing to which the provisions of this Act or of the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;order the owner or person having possession of any conveyance that is found in the place and that the inspector believes on reasonable grounds contains cannabis to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;order any person in that place to establish their identity to the inspector’s satisfaction; andorder a person that, at that place, conducts an activity to which the provisions of this Act or of the regulations apply to stop or start the activity.Means of telecommunicationFor the purposes of subsection (1), the inspector is considered to have entered a place when accessing it remotely by a means of telecommunication.Limitation — access by means of telecommunicationAn inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than for the period necessary for the purpose referred to in subsection (1).Individual accompanying inspectorThe inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.Entering private propertyThe inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.Warrant required to enter dwelling-houseIn the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (8).Authority to issue warrantA justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (2)(a) to (n), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath thatthe place is a dwelling-house but otherwise meets the conditions for entry described in subsection (1);entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations; andentry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.Use of forceIn executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.Means of telecommunicationAn application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.Assistance to inspectorThe owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require.Storage and noticeAn inspector who seizes a thing under this section mayon notice to and at the expense of its owner or the person having possession of it at the time of its seizure, store it or move it to another place; ororder its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place.Return by inspectorIf an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector must notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, must return the thing to that person.Return or disposition by MinisterIf a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (13) or any of sections 103 to 107, it must be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.2018, c. 16, s. 862022, c. 17, s. 73
Search Warrant
Information for search warrantA justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that any of the following is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for it and to seize it:cannabis in respect of which this Act has been contravened;anything in which cannabis in respect of which this Act has been contravened is contained or concealed;offence-related property; oranything 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.Application of section 487.1 of the Criminal CodeFor the purposes of subsection (1), the information may be submitted by telephone or other means of telecommunication in accordance with section 487.1 of the Criminal Code, with any necessary modifications.Execution of warrantA warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.Duty of peace officer executing warrantSection 487.093 of the Criminal Code, other than paragraph 487.093(1)(c), applies with respect to a warrant issued under subsection (1).Search of person and seizureIf a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any individual found in the place referred to in the warrant has on them any cannabis, property or thing referred to in the warrant, the peace officer may search the individual for it and seize it.Seizure of other thingsA peace officer who executes a warrant issued under subsection (1) may seize, in addition to any cannabis, property or thing referred to in the warrant,any cannabis in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;anything that the peace officer believes on reasonable grounds contains or conceals cannabis;anything that the peace officer believes on reasonable grounds is offence-related property; oranything that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.Where warrant not necessaryA 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.Seizure of additional thingsA peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to any cannabis, property or thing referred to in the warrant and in subsection (6), anything 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.2018, c. 16, s. 872019, c. 25, s. 400.12022, c. 17, s. 74
Assistance and use of forceFor the purpose of exercising any of the powers described in section 87, a peace officer mayenlist the assistance that the officer considers necessary; anduse as much force as is necessary in the circumstances.
Disposition of Seized ThingsReport to Minister
Report of seizure, etc.Subject to the regulations, every peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis in the course of the administration or enforcement of this Act or any other Act of Parliament must, within 30 days after doing so, cause a report to be sent to the Minister setting outa description of the cannabis;the amount that was seized, found or otherwise acquired;the place where it was seized, found or otherwise acquired;the date on which it was seized, found or otherwise acquired;the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;the number of the file or police report related to the seizure, finding or acquisition; andany other prescribed information.Copy to justiceIn the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the individual who caused the report to be sent to the Minister must also, within 30 days after the seizure, cause a copy of the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.
Application
Sections 489.1 and 490 of Criminal Code applicableSubject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to anything seized under this Act.Sections 489.1 and 490 of Criminal Code applicable — non-chemical offence-related propertyIf a thing seized under this Act is non-chemical offence-related property, sections 489.1 and 490 of the Criminal Code apply, subject to subsections 86(12) to (14) and sections 94 to 101 of this Act.Provisions of this Act and the regulations applicableThe provisions of this Act and of the regulations apply in respect ofany cannabis or chemical offence-related property that is seized under this Act or any other Act of Parliament or under a power of seizure at common law; andany chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized under this Act.RecognizanceIf, under this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical 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 the amount and with the conditions, if any, that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
Non-chemical Offence-related PropertyRestraint Orders
Application for restraint orderThe Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any non-chemical offence-related property.ProcedureThe application may be made ex parte and it must 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:the offence to which the property relates;the person that is believed to be in possession of the property; anda description of the property.Restraint orderThe judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of or otherwise dealing with any interest in or right to the property specified in the order, other than in the manner that is specified in the order.Property outside CanadaA restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.ConditionsThe restraint order may be subject to any reasonable conditions that the judge thinks fit.Order in writingThe restraint order must be in writing.ServiceA copy of the restraint order must be served on the person to which the order is addressed in the manner that the judge making it directs or in accordance with the rules of the court.RegistrationA copy of the restraint order must be registered against any property in accordance with the laws of the province in which the property is situated.Order continues in forceThe restraint order remains in effect untilan order is made under subsection 97(3) or 98(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; oran order of forfeiture of the property is made under subsection 94(1) or 95(2) of this Act or section 490 of the Criminal Code.OffenceAny person on which a restraint order is served in accordance with this section and that, while the order is in force, fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
Sections 489.1 and 490 of Criminal Code applicableSubject to sections 94 to 101 of this Act, sections 489.1 and 490 of the Criminal Code apply, with any necessary modifications, to any property that is the subject-matter of a restraint order made under section 91.RecognizanceIf, under this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject-matter of a restraint order made under section 91, 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 the amount and with the conditions, if any, that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
Management Orders
Management orderOn application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 87 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 91, may, if he or she is of the opinion that the circumstances so require,appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; andrequire any person having possession of that property to give possession of the property to the person appointed under paragraph (a).Appointment of Minister of Public Works and Government ServicesIf the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) must appoint the Minister of Public Works and Government Services.Power to manageThe power to manage or otherwise deal with property under subsection (1) includesthe power to make an interlocutory sale of perishable or rapidly depreciating property;the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; andthe power to have property — other than real property or immovables or a conveyance — forfeited to Her Majesty in accordance with subsection (8).Application for destruction orderBefore a person that is appointed to manage property destroys property that has little or no value, they must apply to a court for a destruction order.NoticeBefore making a destruction order, a court must require notice in accordance with subsection (6) to be given to, and may hear, any person that, in the opinion of the court, appears to have a valid interest in or right to the property.Manner of giving noticeThe notice mustbe given in the manner that the court directs or that may be specified in the rules of the court; andspecify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.Destruction orderA court must order that the property be destroyed if it is satisfied that the property has little or no financial or other value.Forfeiture orderOn application by a person that is appointed to manage the property, a court must order that the property — other than real property or immovables or a conveyance — be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law ifa notice is given or published in the manner that the court directs or that may be specified in the rules of the court;the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in or right to the property; andduring that period, no one makes such an application.For greater certaintyFor greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.Application to vary conditionsThe Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).When management order ceases to have effectA management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
Forfeiture
Forfeiture orderSubject to sections 96 to 98, if a person is convicted or discharged under section 730 of the Criminal Code of a designated offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court mustif the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; andin any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this paragraph.Property related to other offencesSubject to sections 96 to 98, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.Property outside CanadaAn order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.AppealA person that has been convicted or discharged of a designated offence, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.
Application for in rem forfeitureIf an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).Order of forfeitureSubject to sections 96 to 98, the judge to whom the application is made must order the property to be forfeited and disposed of in accordance with subsection (4)if the judge is satisfied beyond a reasonable doubt that any property is non-chemical offence-related property;if the judge is satisfied that proceedings were commenced in respect of a designated offence to which the property referred to in paragraph (a) is related; andif the judge is satisfied that the accused charged with the designated offence has died or absconded.Accused deemed abscondedFor the purposes of subsection (2), an accused is deemed to have absconded in connection with a designated offence ifan information has been laid alleging the commission of the offence by the accused;a warrant for the arrest of the accused has been issued in relation to that information; andreasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued.An accused who is deemed under this subsection to have absconded in connection with a designated offence is deemed to have done so on the last day of the six-month period referred to in paragraph (c).Who may dispose of forfeited propertyFor the purposes of subsection (2), the judge mustif the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; andin any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this paragraph.Property outside CanadaAn order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
Power to set aside transfersA court may, before ordering that property be forfeited under subsection 94(1) or 95(2), set aside any transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the transfer was for valuable consideration to a person acting in good faith.
NoticeBefore making an order under subsection 94(1) or 95(2) in relation to any property, a court must require a notice in accordance with subsection (2) to be given to, and may hear, any person that, in the opinion of the court, appears to have a valid interest in or right to the property.Manner of giving noticeThe notice mustbe given in the manner that the court directs or that may be specified in the rules of the court;specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in or right to the property; andset out the designated offence charged and a description of the property.Order of restorationIf a court is satisfied that any person, other than one referred to in paragraph (a) or (b), is the owner of, or is entitled to possession of, any property or any part of any property that would otherwise be forfeited under an order made under subsection 94(1) or 95(2) and that the person appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, the court may order that the property or part be returned to that person:a person that was charged with a designated offence; ora person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property.
NoticeIf all or part of the property that would otherwise be forfeited under subsection 94(1) or 95(2) is a dwelling-house, before making an order of forfeiture, a court must require notice in accordance with subsection (2) to be given to, and may hear, any individual who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted or discharged under section 730 of the Criminal Code of the indictable offence under this Act in relation to which the property would be forfeited.Manner of giving noticeThe notice mustbe given in the manner that the court directs or that may be specified in the rules of the court;specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; andset out the offence charged and a description of the property.Non-forfeiture of real property or immovablesSubject to an order made under subsection 97(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 94(1) or 95(2) in respect of real property or immovables would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted or discharged under section 730 of the Criminal Code of the offence, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.Factors in relation to dwelling-houseIf all or part of the property that would otherwise be forfeited under subsection 94(1) or 95(2) is a dwelling-house, when making a decision under subsection (3), the court must also considerthe impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the family member’s principal residence at the time the charge was laid and continues to be the family member’s principal residence; andwhether the family member appears innocent of any complicity in the offence or of any collusion in relation to the offence.
Application of claimantsIf any property is forfeited to Her Majesty under an order made under subsection 94(1) or 95(2), any person that claims an interest in or right to the property, other than any of the following persons, may, within 30 days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4):in the case of property forfeited under an order made under subsection 94(1), a person that was convicted or discharged under section 730 of the Criminal Code of the designated offence in relation to which the property was forfeited;in the case of property forfeited under an order made under subsection 95(2), a person that was charged with the designated offence in relation to which the property was forfeited; ora person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.Fixing day for hearingThe judge to whom the application is made must fix a day that is not less than 30 days after the date of the filing of the application for the hearing of the application.NoticeThe applicant must serve a notice of the application and of the hearing of it on the Attorney General at least 15 days before the day fixed for the hearing.Order declaring interest or right not affected by forfeitureThe judge to whom the application is made may make an order declaring that the interest or right of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest or right if the judge is satisfied that the applicantis not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any designated offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence; andexercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act bythe person that was permitted by the applicant to obtain possession of the property or from which the applicant obtained possession,the mortgagor or hypothecary debtor, if the applicant is a mortgagee or hypothecary creditor,the person that is subject to the charge, if the applicant is a chargee,the person that is subject to the prior claim, if the applicant is the holder of a prior claim,the person that is subject to the lien, if the applicant is a lienholder, orthe giver of a security interest, if the applicant is the creditor in relation to the security interest.Appeal — subsection (4)An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI of the Criminal Code with respect to procedure on appeals apply, with any necessary modifications, in respect of appeals under this subsection.Return of propertyThe Minister must, on application made to the Minister by any person in respect of which a judge has made an order under subsection (4), and if the periods with respect to the taking of appeals from that order have expired or any appeal from that order taken under subsection (5) has been determined, direct thatthe property, or the part of it to which the interest or right of the applicant relates, be returned to the applicant; oran amount equal to the value of the interest or right of the applicant, as declared in the order, be paid to the applicant.
Appeal — subsection 95(2)Any person that, in their opinion, is aggrieved by an order made under subsection 95(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI of the Criminal Code, and that Part applies, with any necessary modifications, in respect of such an appeal.
Suspension of order pending appealDespite anything in this Act, the operation of an order made in respect of property under subsection 94(1), 95(2) or 99(4) is suspended pendingany application made in respect of the property under any of those provisions or any other provision of this Act or any other Act of Parliament that provides for restoration or forfeiture of the property; orany appeal taken from an order of forfeiture or restoration in respect of the property.The property must not be disposed of or otherwise dealt with until the expiry of the 30th day after the day an order is made under any of those provisions.
Cannabis and Chemical Property
ReturnA peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis or chemical offence-related property in the course of the administration or enforcement of this Act or any other Act of Parliament — or that seizes, finds or otherwise acquires any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) in the course of the administration or enforcement of this Act — may return it to the person that is its owner or that is entitled to its possession if the peace officer, inspector or prescribed person is satisfiedthat there is no dispute as to who owns it or is entitled to its possession; andthat its continued detention is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.ReceiptWhen the cannabis or property is returned, the peace officer, inspector or prescribed person must obtain a receipt for it.ReportIn the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the peace officer making the seizure must make a report about the return to the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.
Application for order to returnIf cannabis or chemical property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.Order to returnIf, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or the property and the Attorney General does not indicate that it or any part of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice must, subject to subsection (5), order that it, or the part that is not required, as the case may be, be returned as soon as feasible to the applicant.Order to return at specified timeIf, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or property but the Attorney General indicates that it or any part of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice must, subject to subsection (5), order that it, or the part that is required, as the case may be, be returned to the applicanton the expiry of 180 days after the day on which the application was made, if no proceeding in relation to the cannabis or property has been commenced before that time; oron the final conclusion of the proceeding or any other proceeding in relation to the cannabis or property if the applicant is not found guilty in those proceedings of an offence committed in relation to it.Order of forfeitureIf, on the hearing of the application, a justice is not satisfied that the applicant is the owner or is entitled to possession of the cannabis or property, and it or a part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice must order that it, or the part that is not required, as the case may be, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.Payment of compensation in lieuIf, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or property, but it was disposed of or otherwise dealt with under section 105, the justice must make an order that an amount equal to its value be paid to the applicant.
Forfeiture if no applicationIf no application for the return of the cannabis or the chemical property has been made under subsection 103(1) within 60 days after the date of its seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or any part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the cannabis or the property, or the part that is not required, as the case may be, is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
Expedited dispositionIf all or any part of any cannabis or chemical property whose storage or handling poses a risk to health or safety is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the Minister or a peace officer or prescribed person may dispose of or otherwise deal with it in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
Destruction of plantsThe Minister may, on prior notification being given to the Attorney General, cause to be destroyed any cannabis plant that is being produced contrary to the provisions of this Act or of the regulations.
Disposition following proceedingsSubject to section 103, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any cannabis or chemical property that is the subject of proceedings before the court is no longer required by that court or any other court, the courtmust order that it be returned tothe person from which it was seized if the court is satisfied that the person came into its possession lawfully and continued to deal with it lawfully, orthe person that is its owner or that is entitled to its possession, if that person is known and if the court is satisfied that its possession by the person from which it was seized was unlawful; andmay order that it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs, ifthe court is not satisfied that it should be returned under subparagraph (a)(i) or (ii), orits possession by the person from which it was seized was unlawful and the person that is its owner or that is entitled to its possession is not known.
Disposal with consentIf cannabis or chemical property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, its owner may consent to its disposal and, if the consent is given, the cannabis or property, or the part that is not required, as the case may be, is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
Disposition reportSubject to the regulations, every peace officer, inspector or prescribed person that disposes of or otherwise deals with cannabis or chemical property under this Act must, within 30 days after doing so, cause a report to be sent to the Minister setting outa description of the cannabis or property;the amount of it that was disposed of or otherwise dealt with;the manner in which it was disposed of or otherwise dealt with;the date on which it was disposed of or otherwise dealt with;the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;the number of the file or police report related to its disposition or the other dealing with it; andany other prescribed information.InterpretationFor the purposes of subsection (1), otherwise dealing with cannabis or chemical property by a peace officer includes using it to conduct an investigation or for training purposes.
Administrative Monetary PenaltiesPowers of Minister
PowersThe Minister may designate individuals, or classes of individuals, who are authorized to issue notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.
Violation
CommissionEvery person that contravenes a provision of this Act — except provisions of Division 1 of Part 1 — a provision of the regulations, or an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, commits a violation and is liable to a penalty of not more than $1,000,000 or, if the violation is classified by the regulations as a minor violation, a serious violation or a very serious violation, to a penalty of not more than the maximum amount fixed by the regulations in relation to that classification.Purpose of penaltyThe purpose of a penalty is to promote compliance with this Act.
Proceedings
Issuance of notice of violationIf an individual who is designated under section 110 believes on reasonable grounds that a person has committed a violation, the designated individual may issue, and must provide the person with, a notice of violation thatsets out the person’s name;identifies the alleged violation;sets out the penalty for the violation that the person is liable to pay; andsets out the particulars concerning the time and manner of payment.Summary of rightsA notice of violation must summarize, in plain language, the rights and obligations of the named person under this section and sections 113 to 125, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.PenaltyThe penalty for a violation is to be determined by taking into accountthe person’s history of compliance or non-compliance with the provisions of this Act or of the regulations;the nature and scope of the violation;whether the person made reasonable efforts to mitigate or reverse the effects of the violation;whether the person derived any competitive or economic benefit from the violation; andany other prescribed criteria.
Penalties
PaymentIf the person named in the notice of violation pays, in the time and manner specified in the notice, the amount of the penalty set out in the notice,they are deemed to have committed the violation in respect of which the amount is paid;the Minister must accept that amount as complete satisfaction of the penalty in respect of the violation; andthe proceedings commenced in respect of the violation are ended.AlternativesInstead of paying the amount of the penalty set out in the notice, the person named in the notice may, in the time and manner specified in the notice,if the amount of the penalty set out in the notice is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision or the order to which the violation relates; orrequest a review by the Minister of the acts or omissions that constitute the alleged violation or of the amount of the penalty.DeemingIf the person named in the notice does not pay the penalty set out in the notice in the time and manner specified in the notice and does not exercise any right referred to in subsection (2) in the specified time and manner, they are deemed to have committed the violation identified in the notice.
Compliance Agreements
Entering into compliance agreementsAfter considering a request made under paragraph 113(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions mayinclude a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; andprovide for the reduction, in whole or in part, of the penalty for the violation.DeemingA person that enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.Notice of complianceIf the Minister is satisfied that a person that has entered into a compliance agreement has complied with it, the Minister must cause a notice to that effect to be provided to the person, at which timethe proceedings commenced in respect of the violation are ended; andany security given by the person under the compliance agreement must be returned to the person.Notice of defaultIf the Minister is of the opinion that a person that has entered into a compliance agreement has not complied with it, the Minister must cause a notice of default to be provided to the person to the effect thatinstead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the time and manner specified in the notice of violation, twice the amount of that penalty, and, for greater certainty, subsections 111(1) and 139(4) do not apply in respect of that amount; orthe security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.Effect of notice of defaultOnce provided with the notice of default, the person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement andthe person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; orif the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.Effect of paymentIf a person pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the Minister must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.
Refusal to enter into compliance agreementIf the Minister refuses to enter into a compliance agreement requested under paragraph 113(2)(a), the person that made the request is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation.Effect of paymentIf a person pays the amount referred to in subsection (1),they are deemed to have committed the violation in respect of which the amount is paid;the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation; andthe proceedings commenced in respect of the violation are ended.DeemingIf a person does not pay the amount referred to in subsection (1) in the specified time and manner, they are deemed to have committed the violation identified in the notice of violation.
Review by Minister
Review — with respect to factsOn completion of a review requested under paragraph 113(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister must determine whether the person that requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and of the regulations, the Minister must correct the amount.Violation not committed — effectIf the Minister determines under subsection (1) that the person that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.Review — with respect to penaltyOn completion of a review requested under paragraph 113(2)(b) with respect to the amount of the penalty, the Minister must determine whether the amount of the penalty was established in accordance with the provisions of this Act and of the regulations and, if not, the Minister must correct the amount.Notice of decisionThe Minister must cause a notice of any decision made under subsection (1) or (3) to be provided to the person that requested the review.PaymentThe person that requested the review is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3).Effect of paymentIf a person pays the amount referred to in subsection (5), the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.Written evidence and submissionsThe Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and of the regulations.
Enforcement
Debts to Her MajestyThe following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is provided;every amount set out in a compliance agreement entered into with the Minister under subsection 114(1), from the time the compliance agreement is entered into;the amount set out in a notice of default referred to in subsection 114(4), from the time the notice is provided; andthe amount of a penalty as set out in a decision of the Minister made under subsection 116(1) or (3), from the time the notice of that decision is provided.Limitation periodNo proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.Debt finalA debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 113 to 116.
Certificate of defaultAny debt referred to in subsection 117(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.JudgmentOn production to the Federal Court, a certificate made under subsection (1) must be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.
Rules About Violations
Certain defences not availableA person named in a notice of violation does not have a defence by reason that the personexercised due diligence to prevent the violation; orreasonably and honestly believed in the existence of facts that, if true, would exonerate the person.Common law principlesEvery rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Burden of proofIn every case when the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.
Violation by corporate officers, etc.If a person other than an individual commits a violation, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person that actually committed the violation is proceeded against under this Act.
Employees or agents or mandatariesA person is liable for a violation that is committed by any employee or agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.
Continuing violationA violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
Other Provisions
EvidenceIn any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.
Limitation periodNo proceedings in respect of a violation may be commenced after the expiry of six months after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.
How act or omission may be proceeded withIf an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Certification by MinisterA document purporting to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.
GeneralDisclosure of Information
Personal informationThe Minister may, without the consent of the person to whom the personal information relates and without notifying that person, disclose any personal information, as defined in section 3 of the Privacy Act, that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.
Confidential business informationThe Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person, disclose any confidential business information that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.Definition of confidential business informationIn subsection (1), confidential business information in respect of a person to whose business or affairs the information relates, means business informationthat is not publicly available;in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; andthat has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors.
Analysis
Designation of analystsFor the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as analysts.
AnalysisA peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of any substance taken by the officer, the inspector or the prescribed person.Certificate or reportAn analyst who has made an analysis or examination of a substance or sample submitted under subsection (1) may prepare a certificate or report stating that they have analyzed or examined it and setting out the results of their analysis or examination.
Trademarks
TrademarksDespite the Trademarks Act, the registration of a trademark is not to be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act.For greater certaintyFor greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act.
Evidence and Procedure
Copies of documentsA copy of any document filed with a department, ministry, agency, municipality or other body established by or under a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 50(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the individual purporting to have certified it.AuthenticationFor the purposes of subsection (1), an electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.Evidence inadmissible under this sectionNothing in subsection (1) renders admissible in evidence any part of any record that is proved to be a record made in the course of an investigation or inquiry.
Certificate issued under regulationsSubject to subsection (2), any certificate or other document issued under regulations made under paragraph 139(6)(c) or (7)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the individual purporting to have certified it.Affidavit or examinationThe defence may, with leave of the court, require that the individual who issued the certificate or other documentproduce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); orappear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.
Certificate of analystA certificate or report prepared by an analyst under subsection 131(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the individual purporting to have signed it.Attendance of analystThe party against whom a certificate or report is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.
Proof of noticeFor the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the testimony of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document.Proof of noticeThe court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.
Continuity of possessionIn any proceeding under this Act, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or by the affidavit or solemn declaration of, the person claiming to have had it in their possession.Alternative method of proofIf an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.
Copies of records, reports, etc.If any record, report, electronic data or other document is examined or seized under this Act, the Minister, or the officer who examined or seized it, may make or cause to be made one or more copies of it, and a copy of it that purports to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, report, electronic data or other document would have had if it had been proved in the ordinary way.
Regulations and Exemptions
RegulationsThe Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including for the administration and enforcement of this Act, and regulationsdefining “industrial hemp” for the purposes of this Act;establishing, in addition to dried cannabis, other classes of cannabis;defining any term that is necessary to describe any class that is established or any term that is used in the description of such a class;respecting the importation, exportation, production, testing, packaging, labelling, storage, preservation, sale, distribution, possession, disposal or obtaining of or other dealing in cannabis or any class of cannabis;respecting the importation, exportation, production, testing, sale, distribution, possession, disposal or obtaining of or other dealing in of any substance that may be used in the production of cannabis;respecting the packaging, labelling, distribution or sale of cannabis accessories;respecting the issuance of licences, permits or other authorizations that authorize, as the case may be, the importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession or disposal of cannabis or any class of cannabis, and their renewal, amendment, suspension, revocation, duration and conditions;establishing classes of licences, permits or other authorizations that authorize any of the activities referred to in paragraph (g);respecting the qualifications required to be met by individuals who are engaged in the production, testing, packaging, labelling, storage, preservation, selling, distributing or otherwise dealing in cannabis or any class of cannabis;respecting the granting, suspension or cancellation of security clearances and specifying who must hold a security clearance;respecting the characteristics, composition, strength, concentration, potency, intended use, sensory attributes — such as appearance and shape — purity, quality or any other property of cannabis or any class of cannabis;respecting the characteristics, composition, design, construction, performance, intended use, sensory attributes — such as appearance and shape — purity, quality or any other property of cannabis accessories;respecting the emissions produced by the consumption of cannabis or the use of cannabis accessories and defining “emission” for the purpose of regulations made under this paragraph;requiring persons to take or keep samples of any cannabis or any class of cannabis, or of any package or label of cannabis, and to provide the Minister or an inspector with, or with access to, those samples;respecting the manner in which samples referred to in paragraph (l) are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;respecting the promotion of cannabis, cannabis accessories or services related to cannabis or the display or promotion of their brand elements;respecting the information, including information about health risks and health effects arising from the use of cannabis, that must appear on packages or labels of cannabis or cannabis accessories or that must be provided when cannabis or cannabis accessories are promoted;respecting the display of cannabis by persons that are authorized to sell cannabis or the display of cannabis accessories by persons that sell cannabis accessories;respecting the records, reports, electronic data or other documents in respect of cannabis — or in respect of activities related to cannabis, cannabis accessories, services related to cannabis or their brand elements, including their promotion — that are required to be prepared, retained or provided by any person or class of persons andthe time, manner or place in which they are to be prepared and retained, orthe form, manner or time in which they are to be provided;respecting the qualifications for analysts or inspectors and their powers, duties and functions;respecting the detention and the return, disposition of or otherwise dealing withany cannabis, cannabis accessory or offence-related property that is seized, detained, found or otherwise acquired under this Act or any other Act of Parliament or under a power of seizure at common law,any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized, detained, found or otherwise acquired under this Act, orany other thing that is seized, detained, found or otherwise acquired under this Act;respecting the taking of samples under paragraph 86(2)(i);respecting the collection, use, retention, disclosure and disposal of information;respecting the making, serving, filing and manner of proving service of any notice, order, report or other document referred to in this Act or the regulations;prescribing forms for the purposes of this Act or the regulations;respecting the recall of cannabis or any class of cannabis;respecting the review of orders under section 79;exempting, on any terms and conditions that are specified in the regulations, any person or class of persons, any cannabis or any class of cannabis or any cannabis accessory or any class of cannabis accessory from the application of all or any of the provisions of this Act or of the regulations;specifying terms, expressions, logos, symbols or illustrations for the purposes of sections 19 and 28;respecting the provision of anything or any service for the purposes of section 24;classifying each violation as a minor violation, a serious violation or a very serious violation;fixing a maximum amount as the penalty for minor violations, for serious violations or for very serious violations;respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty for a violation may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement;specifying provisions of this Act or of the regulations, other than provisions of Division 1 of Part 1, for the purposes of paragraph 51(2)(i) and fixing the amount of the fine, or a range of amounts as the fine, in respect of each specified provision; andprescribing anything that, by this Act, is to be or may be prescribed.Paragraph (1)(e)Regulations may be made under paragraph (1)(e) in respect of a substance only if the Governor in Council considers that controlling the substance is necessary to protect public health or public safety.Paragraph (1)(g)Regulations may be made under paragraph (1)(g) in respect of licences, permits or other authorizations generally or for any class of them, and those regulations may, among other things, specify that financial information must be provided in an application for a licence, permit or other authorization.Paragraph (1)(z.4)The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(z.4) is $1,000,000.Regulations — ticketsThe Governor in Council, on the recommendation of the Attorney General of Canada, may make regulations establishing the form of tickets for the purposes of section 51 and respecting the sending or delivering of the summons portion of the ticket for the purposes of paragraph 51(1)(c).Regulations pertaining to law enforcementThe Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force or of the military police and other persons acting under the direction and control of the member, including regulationsauthorizing, for the purposes of this subsection,that Minister or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, orthe Minister of National Defence to designate military police;exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations;respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of all or any of the provisions of this Act or of the regulations;respecting the detention, storage and disposition of or other dealing with cannabis;respecting records, reports, electronic data or other documents in respect of cannabis that are required to be prepared, retained or provided by any person or class of persons; andprescribing forms for the purposes of the regulations.Regulations pertaining to law enforcement under other ActsThe Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police to direct the commission of an act or omission — that would otherwise constitute an offence under Division 1 of Part 1 or under section 44 in respect of the contravention of a provision of the regulations, including regulationsauthorizing, for the purposes of this subsection,that Minister or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, orthe Minister of National Defence to designate military police;exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations;respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations;respecting the detention, storage and disposition of or other dealing with cannabis;respecting records, reports, electronic data or other documents in respect of cannabis that are required to be prepared, retained or provided by any person or class of persons; andprescribing forms for the purposes of the regulations.Incorporation by reference — limitation removedThe limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under paragraphs (1)(d) to (g), (j) to (l), (o), (q) and (z).
Exemption by Minister — personsThe Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any person, or any cannabis or any class of cannabis in relation to a person, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.For greater certaintyFor greater certainty, the Minister may, by order, amend or revoke an order made under subsection (1) or suspend its application in whole or in part.Exemption by Minister — class of personsThe Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any class of persons, or any cannabis or any class of cannabis in relation to any class of persons, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.SuspensionThe Minister may, by order, suspend, in whole or in part, the application of an order made under subsection (2).
Statutory Instruments ActAn order made under subsection 140(1) or (1.1) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.
Fees
FeesThe Minister may, by order, fix the following fees in relation to cannabis:fees to be paid for a service, or the use of a facility, provided under this Act;fees to be paid in respect of approvals, authorizations, exemptions or regulatory processes provided under this Act; andfees to be paid in respect of products, rights and privileges that are provided under this Act, including those provided in relation to the cannabis tracking system established under section 81.Amount not to exceed costA fee fixed under paragraph (1)(a) must not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.Aggregate amount not to exceed costFees fixed under paragraph (1)(b) must not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes, approvals, authorizations or exemptions.
ConsultationBefore making an order under subsection 142(1), the Minister must consult with any persons that the Minister considers to be interested in the matter.
Remission of feesThe Minister may, by order, remit all or part of any fee fixed under subsection 142(1) or the interest on it.Remission may be conditionalA remission granted under subsection (1) may be conditional.Conditional remissionIf a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.
Non-payment of feesThe Minister may, by notice in writing and for a period that he or she specifies, withdraw or withhold a service, the use of a facility, a regulatory process, approval, authorization, exemption, product, right or privilege under this Act from any person who fails to pay the fee for it fixed under subsection 142(1).
Adjustment of amountsAn order made under subsection 142(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.Notice of adjusted amountThe amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.
Service Fees ActThe Service Fees Act does not apply to a fee fixed under subsection 142(1).2018, c. 16, ss. 147, 192
Costs
Debts to Her MajestyHer Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, includingthe inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or return of anything; andthe measures or the recall carried out under section 77.Limitation periodNo proceeding to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.
Certificate of defaultAny debt that may be recovered under subsection 148(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.JudgmentA certificate made under subsection (1) that is registered in the Federal Court has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with its registration.
Technical Assistance
Advice of expertsThe Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the approval of the Treasury Board, fix their remuneration.
Amendments to Schedules
Schedules 1 and 2The Governor in Council may, by order, amend Schedule 1 or 2 by adding or by deleting from it any item or portion of an item.Schedule 3The Governor in Council may, by order, amend Schedule 3 by adding or deleting, in column 1, the name of a class of cannabis or by adding or deleting, in column 2, in relation to a class of cannabis in column 1, a quantity that is equivalent to 1 g of dried cannabis.Schedule 4The Governor in Council may, by order, amend Schedule 4 by adding or deleting the name of any class of cannabis.Schedule 5The Minister may, by order, amend Schedule 5 by adding or deleting, in column 1, the name of any substance or by adding or deleting, in column 2, the name of any class of cannabis in respect of any substance referred to in column 1.
Review and Report
Review of ActThree years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a dwelling-house.Report to ParliamentNo later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.
Transitional Provisions and Related, Consequential and Coordinating AmendmentsTransitional Provisions
Definition of commencement dayIn sections 154 to 160, commencement day means the day on which subsection 204(1) comes into force.
DecisionsSubject to regulations made under subsection 161(1), every decision made by the Minister under the Controlled Drugs and Substances Act that relates to cannabis is deemed to be a decision made by the Minister under this Act.
InspectorsSubject to regulations made under subsection 161(1), every individual who is an inspector, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, immediately before the commencement day is deemed to also be an individual who has been designated as an inspector under section 84 of this Act.
AnalystsSubject to regulations made under subsection 161(1), every individual who is an analyst, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, immediately before the commencement day is deemed to also be an individual who has been designated as an analyst under section 130 of this Act.
Exemptions — Controlled Drugs and Substances ActSubject to regulations made under subsection 161(1), the following apply in respect of every exemption granted under section 56 of the Controlled Drugs and Substances Act that is in force immediately before the commencement day:if the exemption applies solely in respect of cannabis, and it applies to a person, it is deemed to have been granted under subsection 140(1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date;if the exemption applies solely in respect of cannabis, and it applies to a class of persons, it is deemed to have been granted under subsection 140(2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date;if the exemption applies, directly or indirectly, to cannabis and to a controlled substance, as defined in subsection 2(1) of that Act, and it applies to a person, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140(1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; andif the exemption applies, directly or indirectly, to cannabis and to a controlled substance as defined in subsection 2(1) of that Act, and it applies to a class of persons, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140(2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Deeming — provisions of ActSubject to regulations made under subsection 161(1), a reference in a continued exemption to a provision of the Controlled Drugs and Substances Act that is referred to in column 1 of Schedule 6 is deemed to be a reference to the provision of this Act that is referred to in column 2.Deeming — provisions of regulationsA reference in a continued exemption to a provision of a regulation made under the Controlled Drugs and Substances Act is deemed to be a reference to the equivalent provision of this Act or of any regulation made under this Act that is specified under regulations made under subsection (4).RegulationsThe Governor in Council may, for the purposes of subsection (3), make regulations specifying that provisions of this Act or of regulations made under this Act are equivalent to provisions of regulations made under the Controlled Drugs and Substances Act that are referred to in continued exemptions.
Records, reports, etc.Subject to regulations made under subsection 161(1), all records, reports, electronic data or other documents that directly or indirectly relate to cannabis and that were retained by a person immediately before the commencement day by reason of regulations made under the Controlled Drugs and Substances Act are deemed to be required to be retained under regulations made under paragraph 139(1)(q) of this Act.
Access to Cannabis for Medical Purposes Regulations — section 35 licencesSubject to regulations made under subsection 161(1), every licence issued under section 35 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a licence issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Section 95 import permitsSubject to regulations made under subsection 161(1), every permit issued under section 95 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Section 103 export permitsSubject to regulations made under subsection 161(1), every permit issued under section 103 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Regulatory conditionsSubject to regulations made under subsection 161(1), every licence or permit that is continued under any of subsections (1) to (3) is subject to the conditions set out in regulations made under paragraph 139(1)(g).Registered personsSubject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to registered persons, every individual who is a registered person as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations immediately before the commencement daycontinues to be a registered person until the expiry date of their registration, unless that registration is cancelled before that date; andis subject to those regulations made under subsection 139(1).Designated personsSubject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to designated persons and registered persons, every individual who is a designated person, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, immediately before the commencement daycontinues to be a designated person in relation to a registered person until the expiry or cancellation of the registered person’s registration or the registered person’s registration is amended or renewed and another individual is designated as the designated person in relation to the registered person; andis subject to those regulations made under subsection 139(1).ClientsSubject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to clients, every individual who, immediately before the commencement day, is a client, as defined in subsection 17(1) of the Access to Cannabis for Medical Purposes Regulations, of a person whose licence is continued under subsection (1) continues to be a client of that person and is subject to those regulations made under subsection 139(1).Security clearancesSubject to regulations made under subsection 161(1), every security clearance granted under section 112 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a security clearance granted under section 67 of this Act and it continues in force until the date it is expressed to expire, unless it is cancelled before that date.Applications for licences and permitsSubject to regulations made under subsection 161(1), every application for a licence under section 35 of the Access to Cannabis for Medical Purposes Regulations, or for a permit under section 95 or 103 of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application for a licence or a permit, as the case may be, made under section 62 of this Act.Applications for security clearanceSubject to regulations made under subsection 161(1), every application for a security clearance under section 110 of the Access to Cannabis for Medical Purposes Regulations in respect of which no final decision has been made before the commencement day is deemed to be an application for a security clearance made under section 67 of this Act.Other applicationsSubject to regulations made under subsection 161(1), every application to be a registered person, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, and every application for an authorization to produce cannabis as a designated person, as defined in subsection 1(1) of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application to be a registered person or an application to produce cannabis as a designated person, as the case may be, if regulations made under subsection 139(1) that come into force on the commencement day provide for the making of such applications.
Narcotic Control Regulations — licencesSubject to regulations made under subsection 161(1), the following apply in respect of every licence that was issued under section 9.2 of the Narcotic Control Regulations and that is in force immediately before the commencement day:if the licence applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; andif the licence applies, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.PermitsSubject to regulations made under subsection 161(1), the following apply in respect of every permit issued under section 10 of the Narcotic Control Regulations that is in force immediately before the commencement day:if the permit applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; andif the permit applies, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Regulatory conditionsSubject to regulations made under subsection 161(1), every licence or permit that is continued under subsection (1) or (2) is subject to the conditions set out in regulations made under paragraph 139(1)(g).Licences — section 67Subject to regulations made under subsection 161(1), the following apply in respect of every licence that was issued under section 67 of the Narcotic Control Regulations and that is in force immediately before the commencement day:if the licence applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; andif the licence applies, directly or indirectly, to cannabis and to opium poppy, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Applications for licences and permitsSubject to regulations made under subsection 161(1), the following apply in respect of every application for a licence under section 9.2 or 67 of the Narcotic Control Regulations or for a permit under section 10 of those Regulations in respect of which no final decision has been made before the commencement day:if the application relates solely to cannabis, it is deemed to be an application made under section 62 of this Act; andif the application relates, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to the cannabis, to be an application made under section 62 of this Act.Test kit registration numbersSubject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day provide for the issuance of registration numbers for test kits that contain cannabis,every registration number issued under section 6 of the Narcotic Control Regulations before the commencement day that applied to such a test kit is deemed to be a registration number issued under those regulations made under subsection 139(1) until it is cancelled; andevery application for a registration number for a test kit that contains cannabis under section 6 of those Regulations in respect of which no final decision has been made before the commencement day is deemed to be an application for a registration number.
Industrial Hemp Regulations — licences and authorizationsSubject to regulations made under subsection 161(1), every licence or authorization issued under section 9 of the Industrial Hemp Regulations that is in force immediately before the commencement day is deemed to be a licence issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Import and export permitsSubject to regulations made under subsection 161(1), every permit issued under section 22 or 27 of the Industrial Hemp Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.Regulatory conditionsSubject to regulations made under subsection 161(1), every licence, authorization or permit that is continued under subsection (1) or (2) is subject to the conditions set out in regulations made under paragraph 139(1)(g).ApplicationsSubject to regulations made under subsection 161(1), every application for a licence or authorization under section 9 of the Industrial Hemp Regulations, or for a permit under section 22 or 27 of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application for a licence or a permit, as the case may be, made under section 62 of this Act.Approved cultivarsSubject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to approved cultivars, every variety of industrial hemp, as defined in section 1 of the Industrial Hemp Regulations, that immediately before the commencement day is an approved cultivar for a region by reason of a designation made under subsection 39(1) of the Industrial Hemp Regulations is deemed to be an approved cultivar under the regulations made under subsection 139(1).
DefinitionsThe following definitions apply in this section.cannabis means fresh marihuana, dried marihuana and cannabis oil, as those terms are defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, and marihuana plants or seeds, within the meaning of those Regulations. (cannabis)licensed producer means a licensed producer, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, who holds a licence that has not been suspended under section 43 of those Regulations. (producteur autorisé)provide has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act. (fournir)sell has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act. (vente)Licensed producersDuring the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, a licensed producer may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, sell, provide, send or deliver cannabis to a person authorized under subsection (5), transport cannabis for the purpose of selling, providing, sending or delivering it to such a person or offer to perform any of those activities.ConditionsA licensed producer may perform an activity under subsection (2) only if the activity isperformed in respect of fresh marihuana, dried marihuana, cannabis oil and marihuana plants or seeds that are cannabis and that are indicated in their licence issued under section 35 of the Access to Cannabis for Medical Purposes Regulations; andauthorized under their licence.Non-applicationDuring the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, paragraphs 18(1)(b) and 19(1)(b) of the Access to Cannabis for Medical Purposes Regulations do not apply to a licensed producer acting under subsection (2).Provincial authorizationDuring the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, a person may, if a province authorizes them to do so and subject to subsection (6), possess, sell, provide, send, deliver or transport cannabis or offer to perform any of those activities.ConditionsSubsection (5) applies only if the person meets the following conditions:they possess or sell only cannabis that has been sold or provided to them by a licensed producer under subsection (2) or by a person authorized under subsection (5) to sell, provide, send, deliver or transport cannabis;they sell, provide, send or deliver cannabis — or transport it for the purpose of selling, providing, sending or delivering it — onlyto a person authorized under subsection (5), orfor the purpose of testing, to a licensed producer or a licensed dealer, as defined in subsection 2(1) of the Narcotic Control Regulations, who holds a licence in respect of cannabis;they keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; andthey take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.Non-applicationSubsection 8(1) of the Narcotic Control Regulations does not apply to:a licensed producer acting under subsection (2) in respect of the production, making or assembly of cannabis; ora licensed producer acting under subsection (2) or a person authorized to sell or provide cannabis under subsection (5) in respect of the sale, provision, transport, sending or delivery of cannabis.Employee or agent or mandataryEvery employee or agent or mandatary of a person that is authorized to perform or to offer to perform an activity under this section may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, perform or offer to perform that activity if they do so as part of their employment duties and functions or their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their employer’s or principal’s or mandator’s authorization, as the case may be.ContractorEvery person who is acting under a contract with a person that is authorized to perform or to offer to perform an activity under this section — other than an employee or an agent or mandatary of the authorized person — may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act, perform or offer to perform that activity if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.For greater certaintyFor greater certainty, this section does not authorize the retail sale of cannabis.
RegulationsThe Governor in Council may make regulations that the Governor in Council considers necessary to provide for any transitional matter arising from the coming into force of any provision of this Act.Retroactive effectRegulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.
Related AmendmentsNon-smokers’ Health Act
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[Repealed before coming into force, 2018, c. 16, s. 189]
Consequential AmendmentsCriminal Records Act
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Identification of Criminals Act
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National Defence Act
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Customs Act
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Mutual Legal Assistance in Criminal Matters Act
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Corrections and Conditional Release Act
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Seized Property Management Act
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Firearms Act
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Proceeds of Crime (Money Laundering) and Terrorist Financing Act
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Youth Criminal Justice Act
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International Interests in Mobile Equipment (aircraft equipment) Act
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Canada Consumer Product Safety Act
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Canadian Victims Bill of Rights
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Coordinating Amendments
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Cannabis Act
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Controlled Drugs and Substances ActAmendments to the Act
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Coordinating Amendments
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Criminal CodeAmendments to the Act
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Coordinating Amendment
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Coming into Force
Order in councilSubject to subsection (2), the provisions of this Act, except sections 160.1, 161, 188 to 193, 194, 199 to 202, 206 and 225, come into force on a day or days to be fixed by order of the Governor in Council.If section 193.1 does not come into force by order before the first anniversary of the day on which section 33 comes into force, section 193.1 comes into force on the first anniversary of the day on which section 33 comes into force.[Note: The provisions of this Act, except sections 160.1, 161, 188 to 193, 193.1, 194, 199 to 202, 206 and 225, in force October 17, 2018, see SI/2018-52; section 193.1 in force October 17, 2019.]
(Subsections 2(1) and 151(1))Any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not, other than a part of the plant referred to in Schedule 2Any substance or mixture of substances that contains or has on it any part of such a plantAny substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained(Subsections 2(1) and 151(1) and Schedule 1)A non-viable seed of a cannabis plantA mature stalk, without any leaf, flower, seed or branch, of such a plantFibre derived from a stalk referred to in item 2The root or any part of the root of such a plantA derivative made by processing parts of such a plant referred to in items 1, 3 or 4, or a product made from that derivativeA derivative made by processing a stalk referred to in item 2, or a product made from that derivative, that does not contain an isolated or concentrated phytocannabinoid2018, c. 16, Sch. 2SOR/2025-44, s. 1(Subsection 2(4), paragraphs 8(1)(a) and (c), subparagraphs 9(1)(a)(i) and (b)(i), paragraphs 51(2)(a) and (c) to (f) and subsection 151(2))Equivalent AmountsColumn 1Column 2ItemClass of CannabisQuantity that is equivalent to 1 g of dried cannabis1dried cannabis1 g2fresh cannabis5 g3solids containing cannabis15 g4non-solids containing cannabis, other than cannabis beverages70 g5cannabis concentrates0.25 g6cannabis beverages570 g7cannabis plant seeds1 seed
2018, c. 16, Sch. 3SOR/2019-207, s. 1SOR/2019-207, s. 2SOR/2022-252, s. 1SOR/2022-252, s. 2SOR/2022-252, s. 3(Section 33 and subsection 151(3))Classes of Cannabis That an Authorized Person May SellItemClass of Cannabis1dried cannabis2[Repealed, SOR/2019-207, s. 3]3fresh cannabis4cannabis plants5cannabis plant seeds6edible cannabis7cannabis extracts8cannabis topicals
2018, c. 16, Sch. 42018, c. 16, s. 193.1SOR/2019-207, s. 3SOR/2019-207, s. 4SOR/2019-207, s. 5(Section 34 and subsection 151(4))Prohibited SubstancesColumn 1Column 2ItemSubstanceClass of Cannabis1nicotine2caffeine3ethyl alcohol
(Subsection 156(2))ExemptionsColumn 1Column 2ItemProvisions of the Controlled Drugs and Substances ActProvisions of this Act1subsection 4(1)subsection 8(1) 2subsection 5(1)subsections 9(1) and 10(1)3subsection 5(2)subsections 9(2) and 10(2)4subsection 6(1)subsection 11(1)5subsection 6(2)subsection 11(2)6subsection 7(1)subsection 12(1)7subsection 7.1(1)subsection 13(1)
RELATED PROVISIONS — 2022, c. 17, s. 76
Clarification — immediate applicationFor greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
 — 2022, c. 17, par. 77(2)(j)
Certain applications for warrantsEach of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:subsection 86(10) of the Cannabis Act;
 — 2022, c. 17, s. 78.1
Impact of remote proceedingsThe Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedingsenhance, preserve or adversely affect access to justice;maintain fundamental principles of the administration of justice; andadequately address the rights and obligations of participants in the criminal justice system, including accused persons.ReportThe Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
 — 2022, c. 17, s. 78.2
Review by committeeAt the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.ReportThe committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
SOR/2025-442025-03-122023, c. 82023-04-272022, c. 172023-01-14SOR/2022-2522022-12-02SOR/2019-2072020-10-172018, c. 162019-10-17SOR/2019-2072019-10-172019, c. 252019-09-19