Cannabis Control Act, 2017, S.O. 2017, c. 26, Sched. 1

• Jurisdiction: Ontario

Cannabis Control Act, 2017

S.o. 2017, chapter 26
Schedule 1

Consolidation Period: From March 15, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 34, Sched. 2, s. 13.

CONTENTS

Purposes, Interpretation and Application

Purposes

1 The purposes of this Act are,

(a) to establish prohibitions relating to the sale, distribution, purchase, possession, cultivation, propagation and harvesting of cannabis in order to,

(i) protect public health and safety,

(ii) protect youth and restrict their access to cannabis, and

(iii) ensure the sale of cannabis in accordance with the Ontario Cannabis Retail Corporation Act, 2017 and the Cannabis Licence Act, 2018;

(b) to deter illicit activities in relation to cannabis through appropriate enforcement and sanctions; and

(c) to provide for approved youth education or prevention programs, including culturally appropriate programs for Indigenous youth, as an alternative to enforcement and sanctions. 2018, c. 12, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 2 - 16/11/2018

Definitions

2 (1) In this Act,

“approved youth education or prevention program” means a program approved under section 27; (“programme approuvé d’éducation ou de prévention pour jeunes”)

“authorized cannabis retailer” means the Ontario Cannabis Retail Corporation or the holder of a retail store authorization under the Cannabis Licence Act, 2018 when acting in accordance with the authorization; (“détaillant de cannabis autorisé”)

“boat” includes any ship or boat or any other description of a vessel used or designed to be used in the navigation of water; (“bateau”)

“cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”)

“distribute” includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute or having in possession for distribution; (“distribuer”)

“Minister” means the Attorney General or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ontario Cannabis Retail Corporation” means the corporation established under section 3 of the Ontario Cannabis Retail Corporation Act, 2017; (“Société ontarienne de vente du cannabis”)

“premises” means lands and structures or either of them, including trailers and portable structures designed or used for residence, business or shelter, and includes part of a premises; (“lieu”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“sell” includes offer for sale, expose for sale and have in possession for sale; (“vente”)

“vehicle” means,

(a) a motor vehicle as defined in the Highway Traffic Act,

(b) a motorized snow vehicle as defined in the Motorized Snow Vehicles Act, and

(c) any other vehicle that may be prescribed. (“véhicule”) 2017, c. 26, Sched. 1, s. 2 (1); 2018, c. 12, Sched. 1, s. 3 (1-5).

(2)-(4) Repealed: 2018, c. 12, Sched. 1, s. 3 (6).

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 3 (1, 4, 5) - 16/11/2018; 2018, c. 12, Sched. 1, s. 3 (2, 3, 6) - 17/10/2018

Interpretation, authorized retailer employees

3 For the purposes of this Act and the regulations,

(a) the sale or distribution of cannabis by an authorized cannabis retailer includes the sale or distribution of cannabis by an employee of the authorized cannabis retailer when the employee is acting in that capacity; and

(b) the purchase of cannabis from an authorized cannabis retailer includes the purchase of cannabis from an employee of the authorized cannabis retailer when the employee is acting in that capacity. 2018, c. 12, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 4 - 16/11/2018

4 Repealed: 2018, c. 12, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 5 - 17/10/2018

General non-application, exemptions

Cannabis for medical purposes

5 (1) Subject to section 12, this Act and the regulations do not apply with respect to the sale, distribution, purchase or attempt to purchase, possession, consumption, offering to cultivate or cultivation, offering to propagate or propagation or offering to harvest or harvesting of cannabis for medical purposes in accordance with the Cannabis Regulations (Canada) or in accordance with a court order, or to cannabis produced or obtained for medical purposes in accordance with such authority. 2018, c. 12, Sched. 1, s. 6 (1).

Cannabis for research and educational purposes

(2) This Act does not prevent the distribution, possession or consumption of cannabis for research or educational purposes in the prescribed circumstances.

Cannabis supply chain

(3) This Act and the regulations do not apply, to the extent provided by the regulations, to prescribed activities relating to cannabis that are undertaken by or on behalf of prescribed persons acting under the Cannabis Act (Canada) or in connection with the Ontario Cannabis Retail Corporation Act, 2017 or the Cannabis Licence Act, 2018. 2017, c. 26, Sched. 1, s. 5 (3); 2018, c. 12, Sched. 1, s. 6 (2, 3).

Regulations

(4) In addition to subsections (1), (2) and (3), the Lieutenant Governor in Council may make regulations exempting any person, place or thing from any provision of this Act or the regulations or providing that this Act and the regulations or any provision of this Act or the regulations do not apply in respect of any person, place, thing or circumstance, and specifying conditions or restrictions for any such exemption or non-application.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 6 (1, 2) - 17/10/2018; 2018, c. 12, Sched. 1, s. 6 (3) - 16/11/2018

Prohibitions Respecting Cannabis

Unlawful sale, distribution

Sale

6 (1) No person shall sell cannabis, other than an authorized cannabis retailer. 2018, c. 12, Sched. 1, s. 7 (1).

Distribution

(2) No person shall distribute cannabis that is sold, or that is intended to be sold, other than by an authorized cannabis retailer. 2018, c. 12, Sched. 1, s. 7 (2).

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 7 (1, 2) - 16/11/2018

Prohibitions on sale, distribution to persons under 19

7 (1) No person shall knowingly sell or distribute cannabis to a person under 19 years of age. 2017, c. 26, Sched. 1, s. 7 (1).

Identification

(2) No person shall sell cannabis or, if cannabis is not provided to the purchaser at the time of sale, no person shall distribute purchased cannabis, to a person who appears to be under 25 years of age unless the person selling or distributing the cannabis, as the case may be, has required the person receiving it to provide a prescribed form of identification showing his or her age, and is satisfied that the person is at least 19 years old. 2017, c. 26, Sched. 1, s. 7 (2); 2021, c. 34, Sched. 2, s. 13 (1).

Defence

(3) It is a defence to a charge under subsection (2) that the defendant believed the person receiving the cannabis to be at least 19 years of age because the person produced the identification referred to in that subsection and there was no apparent reason to doubt the authenticity of the document or that it was issued to the person producing it. 2017, c. 26, Sched. 1, s. 7 (3).

Improper documentation

(4) No person shall present as evidence of his or her age any documentation other than documentation that was lawfully issued to him or her. 2017, c. 26, Sched. 1, s. 7 (4).

Section Amendments with date in force (d/m/y)

2021, c. 34, Sched. 2, s. 13 (1) - 15/03/2022

Prohibition on sale, distribution to intoxicated person

8 No person shall knowingly sell or distribute cannabis to a person who is or appears to be intoxicated. 2017, c. 26, Sched. 1, s. 8; 2018, c. 12, Sched. 1, s. 8.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 8 - 17/10/2018

False representation as authorized cannabis retailer

8.1 No person other than an authorized cannabis retailer may use the cannabis retail seal prescribed for the purposes of subsection 7 (2) of the Cannabis Licence Act, 2018, or otherwise represent themselves to be an authorized cannabis retailer. 2018, c. 12, Sched. 1, s. 9.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 9 - 16/11/2018

Unlawful purchase

9 No person shall purchase cannabis except from an authorized cannabis retailer. 2021, c. 34, Sched. 2, s. 13 (2).

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 10 (1, 2) - 16/11/2018

2019, c. 15, Sched. 4, s. 5 - 10/12/2019

2021, c. 34, Sched. 2, s. 13 (2) - 15/03/2022

Prohibitions on possession, etc., by persons under 19

Possession, consumption, purchase, distribution

10 (1) No person under 19 years of age shall possess, consume, attempt to purchase, purchase or distribute cannabis.

Cultivation, propagation, harvesting

(2) No person under 19 years of age shall cultivate, propagate or harvest, or offer to cultivate, propagate or harvest, cannabis.

11 Repealed: 2018, c. 12, Sched. 1, s. 11.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 1, s. 11 - 17/10/2018

Transporting cannabis

12 (1) No person shall drive or have the care or control of a vehicle or boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat.

Exception

(2) Subsection (1) does not apply with respect to cannabis that,

(a) is in its original packaging and has not been opened; or

(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle or boat. 2018, c. 12, Sched. 1, s. 12 (1).

Search of vehicle or boat

(3) A police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or...