Cannabis Act (S.C. 2018, c. 16)

Marginal note:Access to Cannabis for Medical Purposes Regulations — section 35 licences

• 158 (1) Subject 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.

• Marginal note:Section 95 import permits

  (2) Subject 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.

• Marginal note:Section 103 export permits

  (3) Subject 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.

• Marginal note:Regulatory conditions

  (4) Subject 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).

• Marginal note:Registered persons

  (5) Subject 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 day

  • (a) continues to be a registered person until the expiry date of their registration, unless that registration is cancelled before that date; and

  • (b) is subject to those regulations made under subsection 139(1).

• Marginal note:Designated persons

  (6) Subject 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 day

  • (a) continues 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; and

  • (b) is subject to those regulations made under subsection 139(1).

• Marginal note:Clients

  (7) Subject 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).

• Marginal note:Security clearances

  (8) Subject 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.

• Marginal note:Applications for licences and permits

  (9) Subject 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.

• Marginal note:Applications for security clearance

  (10) Subject 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.

• Marginal note:Other applications

  (11) Subject 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.

Marginal note:Narcotic Control Regulations — licences

• 159 (1) Subject 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:

  • (a) 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; and

  • (b) if 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.

• Marginal note:Permits

  (2) Subject 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:

  • (a) 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; and

  • (b) if 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.

• Marginal note:Regulatory conditions

  (3) Subject 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).

• Marginal note:Licences — section 67

  (4) Subject 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:

  • (a) 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; and

  • (b) if 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.

• Marginal note:Applications for licences and permits

  (5) Subject 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:

  • (a) if the application relates solely to cannabis, it is deemed to be an application made under section 62 of this Act; and

  • (b) if 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.

• Marginal note:Test kit registration numbers

  (6) Subject 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,

  • (a) 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; and

  • (b) every 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.

Marginal note:Industrial Hemp Regulations — licences and authorizations

• 160 (1) Subject 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.

• Marginal note:Import and export permits

  (2) Subject 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.

• Marginal note:Regulatory conditions

  (3) Subject 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).

• Marginal note:Applications

  (4) Subject 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.

• Marginal note:Approved cultivars

  (5) Subject 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).

Marginal note:Definitions

• 160.1 (1) The following definitions apply in this section.

  cannabis

  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

  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

  provide has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act. (fournir)

  sell

  sell has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act. (vente)

• Marginal note:Licensed producers

  (2) During 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.

• Marginal note:Conditions

  (3) A licensed producer may perform an activity under subsection (2) only if the activity is

  • (a) performed 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; and

  • (b) authorized under their licence.

• Marginal note:Non-application

  (4) During 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).

• Marginal note:Provincial authorization

  (5) During 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.

• Marginal note:Conditions

  (6) Subsection (5) applies only if the person meets the following conditions:

  • (a) 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;

  • (b) they sell, provide, send or deliver cannabis — or transport it for the purpose of selling, providing, sending or delivering it — only

    • (i) to a person authorized under subsection (5), or

    • (ii) for 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;

  • (c) they keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and

  • (d) they take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.

• Marginal note:Non-application

  (7) Subsection 8(1) of the Narcotic Control Regulations does not apply to:

  • (a) a licensed producer acting under subsection (2) in respect of the production, making or assembly of cannabis; or

  • (b) a 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.

• Marginal note:Employee or agent or mandatary

  (8) Every 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.

• Marginal note:Contractor

  (9) Every 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.

• Marginal note:For greater certainty

  (10) For greater certainty, this section does not authorize the retail sale of cannabis.