Cannabis Act (S.C. 2018, c. 16)
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Assented to 2018-06-21
PART 131996, c. 19Controlled Drugs and Substances Act (continued)
Amendments to the Act (continued)
Marginal note:2012, c. 1, s. 39(1)
196 (1) The portion of paragraph 5(3)(a) of the Act before subparagraph (i) is replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and
Marginal note:2012, c. 1, s. 39(1)
(2) Paragraph 5(3)(a.1) of the Act is repealed.
Marginal note:2012, c. 1, s. 39(2)
(3) Subsection 5(6) of the Act is repealed.
Marginal note:2012, c. 1, s. 41(1)
197 (1) The portion of paragraph 7(2)(a.1) of the Act before subparagraph (i) is replaced by the following:
(a.1) if the subject matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
Marginal note:2012, c. 1, s. 41(1)
(2) Paragraph 7(2)(b) of the Act is repealed.
Marginal note:2012, c. 1, s. 41(2)
(3) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) and (a.1):
198 Paragraph 10(2)(b) of the Act is replaced by the following:
(b) was previously convicted of a designated substance offence, as defined in subsection 2(1) of this Act, or a designated offence, as defined in subsection 2(1) of the Cannabis Act.
199 (1) Subject to subsection (2), subsection 34(2) of the Act is replaced by the following:
Marginal note:Maximum penalty
(2) The maximum penalty for a violation is $1,000,000.
(2) Subsection (1) applies only if Bill C-37, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts receives royal assent. If that Act receives royal assent, then subsection (1) comes into force on the first day on which both section 28 of that Act and this subsection are in force.
200 Paragraphs 46(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and liable to a fine of not more than $5,000,000 or to imprisonment for a term not exceeding three years, or to both; or
(b) is guilty of an offence punishable on summary conviction and 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.
201 Subsection 50(1) of the Act is replaced by the following:
Marginal note:Certificate issued under regulations
50 (1) Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this 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 person purporting to have certified it.
202 The Act is amended by adding the following after section 54:
Technical Assistance
Marginal note:Advice of experts
54.1 The 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.
203 Section 60 of the Act is replaced by the following:
Marginal note:Power to amend schedules
60 The Governor in Council may, by order, amend any of Schedules I to VI by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.
204 (1) Item 1 of Schedule II to the Act is repealed.
(2) The portion of item 2 of Schedule II to the Act before subitem (1) is replaced by the following:
- 2Synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and salts of derivatives and isomers — with the exception of any substance that is identical to any phytocannabinoid and with the exception of ((3S)-2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl)-1-naphthalenyl-methanone (WIN 55,212-3) and its salts — including those that fall within the following core chemical structure classes:
205 Schedules VII and VIII to the Act are repealed.
Coordinating Amendments
Marginal note:Bill C-37
206 (1) Subsections (2) to (6) apply if Bill C-37, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 197(1) of this Act comes into force before subsection 5(2) of the other Act, then that subsection 5(2) is deemed never to have come into force and is repealed.
(3) If subsection 197(1) of this Act comes into force on the same day as subsection 5(2) of the other Act, then that subsection 5(2) is deemed to have come into force before that subsection 197(1).
(4) If subsection 197(2) of this Act comes into force before subsection 5(3) of the other Act, then that subsection 5(3) is deemed never to have come into force and is repealed.
(5) If subsection 197(2) of this Act comes into force on the same day as subsection 5(3) of the other Act, then that subsection 5(3) is deemed to have come into force before that subsection 197(2).
(6) On the first day on which both section 203 of this Act and section 45 of the other Act are in force, section 60 of the Controlled Drugs and Substances Act is replaced by the following:
Marginal note:Power to amend schedules
60 The Governor in Council may, by order, amend any of Schedules I to IV, VI and IX by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.
PART 14R.S., c. C-46Criminal Code
Amendments to the Act
Marginal note:2001, c. 32, s. 2
207 Subsection 25.1(14) of the Criminal Code is replaced by the following:
Marginal note:Exception — Controlled Drugs and Substances Act and Cannabis Act
(14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it or a provision of Division 1 of Part 1 of the Cannabis Act.
208 Subsection 109(1) of the Act is amended by striking out “or” at the end of paragraph (c) and adding the following after that paragraph:
(c.1) 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, or
209 Paragraph 110(1)(a) of the Act is replaced by the following:
(a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or
210 The definition offence in section 183 of the Act is amended by adding the following after paragraph (b.1):
(b.2) any of the following provisions of the Cannabis Act, namely,
(i) section 9 (distribution and possession for purpose of distributing),
(ii) section 10 (selling and possession for purpose of selling),
(iii) section 11 (importing and exporting and possession for purpose of exporting),
(iv) section 12 (production),
(v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), or
(vi) section 14 (use of young person),
211 Part XII.1 of the Act is repealed.
Marginal note:2001, c. 32, s. 16
212 The portion of subsection 462.331(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Management order
462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance, within the meaning of the Controlled Drugs and Substances Act, or cannabis, as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may
Marginal note:2005, c. 44, s. 5
213 Section 462.341 of the Act is replaced by the following:
Marginal note:Application of property restitution provisions
462.341 Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with any modifications that the circumstances require, to a person who has an interest in money or bank-notes that are seized under this Act, the Controlled Drugs and Substances Act or the Cannabis Act and in respect of which proceedings may be taken under subsection 462.37(1) or (2.01) or 462.38(2).
214 Subsection 462.37(2.02) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) 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) of the Cannabis Act — or 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 any of those subsections — prosecuted by indictment.
Marginal note:2001, c. 32, s. 26(1)
215 Subsection 462.48(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(a.1) an offence under Division 1 of Part 1 of the Cannabis Act, except subsection 8(1) of that Act; 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) or (a.1).
216 The definition secondary designated offence in section 487.04 of the Act is amended by adding the following after paragraph (a):
(a.1) an offence under any of the following provisions of the Cannabis Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:
(i) section 9 (distribution and possession for purpose of distributing),
(ii) section 10 (selling and possession for purpose of selling),
(iii) section 11 (importing and exporting and possession for purpose of exporting),
(iv) section 12 (production),
(v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), and
(vi) section 14 (use of young person),
Marginal note:2001, c. 32, s. 36
217 The portion of subsection 490.81(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Management order
490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, if he or she is of the opinion that the circumstances so require,
Marginal note:2012, c. 1, s. 32(1)
218 Subsection 515(4.1) of the Act is amended by adding the following after paragraph (b.1):
(b.2) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act,
219 Paragraph 553(c) of the Act is amended by adding “or” at the end of subparagraph (ix), by striking out “or” at the end of subparagraph (x) and by repealing subparagraph (xi).
220 The definition sentence in section 673 of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)
Marginal note:1999, c. 31, s. 69
221 Subsection 729(2) of the Act is replaced by the following:
Marginal note:Definition of analyst
(2) In this section, analyst means a person designated as an analyst under the Controlled Drugs and Substances Act or the Cannabis Act.
Marginal note:2013, c. 11, s. 3(1)
222 Subsection 737(1) of the Act is replaced by the following:
Marginal note:Victim surcharge
737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge, in addition to any other punishment imposed on the offender.
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