Cannabis Act (S.C. 2018, c. 16)

• Published date: 25 January 2019
• Date: 21 June 2018
• Section: Part III - Acts of Parliament
• Gazette Issue: 1 - [object Object]

S.C. 2018, c. 16

Assented to 2018-06-21

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts”

SUMMARY

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.

The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.

The Act

• (a) establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;

• (b) enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;

• (c) authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;

• (d) prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;

• (e) provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;

• (f) includes mechanisms to deal with seized cannabis and other property;

• (g) authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;

• (h) permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;

• (i) authorizes the Minister to fix, by order, fees related to the administration of the Act; and

• (j) authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.

This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.

In addition, it repeals Part XII.1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.

It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.

Finally, it makes consequential amendments to other Acts.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

1 This Act may be cited as the Cannabis Act.

Interpretation

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  analyst

  analyst means an individual who is designated as an analyst under section 130. (analyste)

  Attorney General

  Attorney General means

  • (a) the Attorney General of Canada, and includes his or her lawful deputy; or

  • (b) with 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

  brand element includes a brand name, trademark, tradename, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes,

  • (a) cannabis, a cannabis accessory or a service related to cannabis; or

  • (b) a brand of any cannabis, cannabis accessory or service related to cannabis. (élément de marque)

  brand-preference promotion

  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

  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

  cannabis accessory means

  • (a) a thing, including rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers, that is represented to be used in the consumption of cannabis; or

  • (b) a thing that is deemed under subsection (3) to be represented to be used in the consumption of cannabis. (accessoire)

  cannabis plant

  cannabis plant means a plant that belongs to the genus Cannabis. (plante de cannabis)

  chemical offence-related property

  chemical offence-related property means offence-related property that is a chemical and includes

  • (a) anything that contains any offence-related property that is a chemical; or

  • (b) anything that has any offence-related property on it that is a chemical. (bien infractionnel chimique)

  chemical property

  chemical property means

  • (a) any chemical offence-related property;

  • (b) a chemical that is not chemical offence-related property; or

  • (c) anything that contains a chemical referred to in paragraph (b) or anything that has such a chemical on it. (bien chimique)

  competent authority

  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

  designated offence means

  • (a) an 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); or

  • (b) a 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

  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

  dried cannabis means any part of a cannabis plant that has been subjected to a drying process, other than seeds. (cannabis séché)

  dwelling-house

  dwelling-house has the same meaning as in section 2 of the Criminal Code. (maison d’habitation)

  government

  government means any of the following or their institutions:

  • (a) the federal government;

  • (b) a corporation named in Schedule III to the Financial Administration Act;

  • (c) the government of a province or a public body established under an Act of the legislature of a province;

  • (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

  • (e) the government of a foreign state or of a subdivision of a foreign state; and

  • (f) an international organization of states. (administration)

  illicit cannabis

  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

  informational promotion means a promotion by which factual information is provided to the consumer about

  • (a) cannabis or its characteristics;

  • (b) a cannabis accessory or its characteristics;

  • (c) a service related to cannabis; or

  • (d) the availability or price of cannabis, a cannabis accessory or a service related to cannabis. (promotion informative)

  inspector

  inspector means an individual who is designated as an inspector under section 84. (inspecteur)

  judge

  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

  justice has the same meaning as in section 2 of the Criminal Code. (juge de paix)

  label

  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

  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

  non-chemical offence-related property means offence-related property that is not chemical offence-related property. (bien infractionnel non chimique)

  offence-related property

  offence-related property means, with the exception of cannabis, any property within or outside Canada

  • (a) by means of or in respect of which a designated offence is committed;

  • (b) that is used in any manner in connection with the commission of a designated offence; or

  • (c) that is intended for use for the purpose of committing a designated offence. (bien infractionnel)

  organization

  organization has the same meaning as in section 2 of the Criminal Code. (organisation)

  package

  package means any inner or outer container or covering. (emballage)

  person

  person means an individual or organization. (personne)

  possession

  possession has the same meaning as in subsection 4(3) of the...