Cannabis Act (S.C. 2018, c. 16)

• (ii) any other offence under the Criminal Code, except subsection 255(1) — or under the Cannabis Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985 — that is punishable either on conviction on indictment or on summary conviction; or

• (c) any person alleged to have committed an indictable offence, other than

  • (i) an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 501(3) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, promise to appear, recognizance or summons; or

  • (ii) an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act.

Marginal note:Destruction of fingerprints and photographs – Cannabis Act

5 If a person charged with an offence referred to in any of paragraphs 51(2)(a) to (j) of the Cannabis Act is fingerprinted or photographed and the Attorney General, within the meaning of that Act, makes an election under section 58 of that Act, the fingerprints or photographs shall be destroyed.

• (c.1) relating to the contravention of any of sections 9 to 14 of the Cannabis Act, or

cannabis

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

• Marginal note:No return of certain goods

  (2) Despite subsection (1), if spirits, wine, specially denatured alcohol, restricted formulations, cannabis, raw leaf tobacco, excise stamps or tobacco products are seized under this Act, they shall not be returned to the person from whom they were seized or any other person unless they were seized in error.

4 An offence under any of the following provisions of the Cannabis Act that was prosecuted by way of indictment:

• (a) section 9 (distribution and possession for purpose of distributing);

• (b) section 10 (selling and possession for purpose of selling);

• (c) section 11 (importing and exporting and possession for purpose of exporting);

• (d) section 12 (production);

• (e) section 13 (possession, etc., for use in production or distribution of illicit cannabis); and

• (f) section 14 (use of young person).

5 The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in items 1 to 4 of this schedule that was prosecuted by way of indictment.

offence-related property

offence-related property has the meaning given that expression by subsection 2(1) of the Controlled Drugs and Substances Act or by subsection 2(1) of the Cannabis Act; (biens infractionnels)

restrained property

restrained property means any property that is the subject of a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act; (biens bloqués)

• (iii) restrained under a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act, or

Marginal note:Transfer of property

• 5 (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act, subsection 93(1) of the Cannabis Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

Marginal note:Application for management order

• 6 (1) The Attorney General, or any other person with the written consent of the Attorney General, may apply to any judge or justice for a management order in respect of any seized property, other than a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act.

• (b) subject to the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act and any other Act of Parliament, manage any property referred to in any of subsections 4(1) to (3) in the manner that the Minister considers appropriate including, without restricting the generality of the foregoing, by advancing money at a commercial rate of interest to

• (a) the forfeiture to Her Majesty of property under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act,

• (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, or

Marginal note:If costs are greater than proceeds

14 If the proceeds of disposition available to Her Majesty from the forfeiture of any property under subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act are insufficient to cover the outstanding amounts charged to the Working Capital Account under subsection 12(2), and any interest on it, in respect of the property, there is to be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.

• (v) an offence relating to the contravention of 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) of the Cannabis Act;