Cannabis Act (S.C. 2018, c. 16)
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Assented to 2018-06-21
PART 14R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
211 Part XII.1 of the Act is repealed.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:
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.
223 The definition sentence in section 785 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)
224 (1) Form 5.04 in Part XXVIII of the Act is amended by adding the following after subparagraph (b)(i):
[ ] (i.01) an offence under any of sections 9 to 14 of the Cannabis Act for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,
Marginal note:2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32
(2) Subparagraph (b)(v) of Form 5.04 in Part XXVIII of the Act is replaced by the following:
[ ] (v) an attempt or a conspiracy to commit an offence referred to in any of subparagraphs (i) to (ii) that was prosecuted by indictment (or, if applicable, an attempt or a conspiracy to commit an offence referred to in subparagraph (iii) or (iv));
Coordinating Amendment
Marginal note:2015, c. 16
225 On the first day on which both section 4 of An Act to amend the Criminal Code (exploitation and trafficking in persons), chapter 16 of the Statutes of Canada, 2015, and section 214 of this Act are in force, subsection 462.37(2.02) of the Criminal Code is replaced by the following:
Marginal note:Offences
(2.02) The offences are the following:
(a) a criminal organization offence punishable by five or more years of imprisonment;
(b) an offence under section 5, 6 or 7 of the Controlled Drugs and Substances 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 sections — prosecuted by indictment;
(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; and
(d) an offence under any of sections 279.01 to 279.03.
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