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Cannabis Act (S.C. 2018, c. 16)

Full Document:  

Act current to 2022-06-20 and last amended on 2020-10-17. Previous Versions

PART 11General (continued)

Regulations and Exemptions (continued)

Marginal note:Exemption by Minister — persons

  •  (1) The Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any person, or any cannabis or any class of cannabis in relation to a person, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

  • Marginal note:For greater certainty

    (1.1) For greater certainty, the Minister may, by order, amend or revoke an order made under subsection (1) or suspend its application in whole or in part.

  • Marginal note:Exemption by Minister — class of persons

    (2) The Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any class of persons, or any cannabis or any class of cannabis in relation to any class of persons, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

  • Marginal note:Suspension

    (2.1) The Minister may, by order, suspend, in whole or in part, the application of an order made under subsection (2).

Marginal note:Statutory Instruments Act

 An order made under subsection 140(1) or (1.1) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

Fees

Marginal note:Fees

  •  (1) The Minister may, by order, fix the following fees in relation to cannabis:

    • (a) fees to be paid for a service, or the use of a facility, provided under this Act;

    • (b) fees to be paid in respect of approvals, authorizations, exemptions or regulatory processes provided under this Act; and

    • (c) fees to be paid in respect of products, rights and privileges that are provided under this Act, including those provided in relation to the cannabis tracking system established under section 81.

  • Marginal note:Amount not to exceed cost

    (2) A fee fixed under paragraph (1)(a) must not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

  • Marginal note:Aggregate amount not to exceed cost

    (3) Fees fixed under paragraph (1)(b) must not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes, approvals, authorizations or exemptions.

Marginal note:Consultation

 Before making an order under subsection 142(1), the Minister must consult with any persons that the Minister considers to be interested in the matter.

Marginal note:Remission of fees

  •  (1) The Minister may, by order, remit all or part of any fee fixed under subsection 142(1) or the interest on it.

  • Marginal note:Remission may be conditional

    (2) A remission granted under subsection (1) may be conditional.

  • Marginal note:Conditional remission

    (3) If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.

Marginal note:Non-payment of fees

 The Minister may, by notice in writing and for a period that he or she specifies, withdraw or withhold a service, the use of a facility, a regulatory process, approval, authorization, exemption, product, right or privilege under this Act from any person who fails to pay the fee for it fixed under subsection 142(1).

Marginal note:Adjustment of amounts

  •  (1) An order made under subsection 142(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.

  • Marginal note:Notice of adjusted amount

    (2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.

Marginal note:Service Fees Act

 The Service Fees Act does not apply to a fee fixed under subsection 142(1).

  • 2018, c. 16, ss. 147, 192

Costs

Marginal note:Debts to Her Majesty

  •  (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including

    • (a) the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or return of anything; and

    • (b) the measures or the recall carried out under section 77.

  • Marginal note:Limitation period

    (2) No proceeding to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

Marginal note:Certificate of default

  •  (1) Any debt that may be recovered under subsection 148(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

  • Marginal note:Judgment

    (2) A certificate made under subsection (1) that is registered in the Federal Court has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with its registration.

Technical Assistance

Marginal note:Advice of experts

 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.

Amendments to Schedules

Marginal note:Schedules 1 and 2

  •  (1) The Governor in Council may, by order, amend Schedule 1 or 2 by adding or by deleting from it any item or portion of an item.

  • Marginal note:Schedule 3

    (2) The Governor in Council may, by order, amend Schedule 3 by adding or deleting, in column 1, the name of a class of cannabis or by adding or deleting, in column 2, in relation to a class of cannabis in column 1, a quantity that is equivalent to 1 g of dried cannabis.

  • Marginal note:Schedule 4

    (3) The Governor in Council may, by order, amend Schedule 4 by adding or deleting the name of any class of cannabis.

  • Marginal note:Schedule 5

    (4) The Minister may, by order, amend Schedule 5 by adding or deleting, in column 1, the name of any substance or by adding or deleting, in column 2, the name of any class of cannabis in respect of any substance referred to in column 1.

Review and Report

Marginal note:Review of Act

  •  (1) Three years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a dwelling-house.

  • Marginal note:Report to Parliament

    (2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

PART 12Transitional Provisions and Related, Consequential and Coordinating Amendments

Transitional Provisions

Marginal note:Definition of commencement day

 In sections 154 to 160, commencement day means the day on which subsection 204(1) comes into force.

Marginal note:Decisions

 Subject to regulations made under subsection 161(1), every decision made by the Minister under the Controlled Drugs and Substances Act that relates to cannabis is deemed to be a decision made by the Minister under this Act.

Marginal note:Inspectors

 Subject to regulations made under subsection 161(1), every individual who is an inspector, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, immediately before the commencement day is deemed to also be an individual who has been designated as an inspector under section 84 of this Act.

Marginal note:Analysts

 Subject to regulations made under subsection 161(1), every individual who is an analyst, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, immediately before the commencement day is deemed to also be an individual who has been designated as an analyst under section 130 of this Act.

Marginal note:Exemptions — Controlled Drugs and Substances Act

  •  (1) Subject to regulations made under subsection 161(1), the following apply in respect of every exemption granted under section 56 of the Controlled Drugs and Substances Act that is in force immediately before the commencement day:

    • (a) if the exemption applies solely in respect of cannabis, and it applies to a person, it is deemed to have been granted under subsection 140(1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date;

    • (b) if the exemption applies solely in respect of cannabis, and it applies to a class of persons, it is deemed to have been granted under subsection 140(2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date;

    • (c) if the exemption applies, directly or indirectly, to cannabis and to a controlled substance, as defined in subsection 2(1) of that Act, and it applies to a person, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140(1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

    • (d) if the exemption applies, directly or indirectly, to cannabis and to a controlled substance as defined in subsection 2(1) of that Act, and it applies to a class of persons, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140(2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

  • Marginal note:Deeming — provisions of Act

    (2) Subject to regulations made under subsection 161(1), a reference in a continued exemption to a provision of the Controlled Drugs and Substances Act that is referred to in column 1 of Schedule 6 is deemed to be a reference to the provision of this Act that is referred to in column 2.

  • Marginal note:Deeming — provisions of regulations

    (3) A reference in a continued exemption to a provision of a regulation made under the Controlled Drugs and Substances Act is deemed to be a reference to the equivalent provision of this Act or of any regulation made under this Act that is specified under regulations made under subsection (4).

  • Marginal note:Regulations

    (4) The Governor in Council may, for the purposes of subsection (3), make regulations specifying that provisions of this Act or of regulations made under this Act are equivalent to provisions of regulations made under the Controlled Drugs and Substances Act that are referred to in continued exemptions.

Marginal note:Records, reports, etc.

 Subject to regulations made under subsection 161(1), all records, reports, electronic data or other documents that directly or indirectly relate to cannabis and that were retained by a person immediately before the commencement day by reason of regulations made under the Controlled Drugs and Substances Act are deemed to be required to be retained under regulations made under paragraph 139(1)(q) of this Act.

Marginal note:Access to Cannabis for Medical Purposes Regulations — section 35 licences

  •  (1) Subject to regulations made under subsection 161(1), every licence issued under section 35 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a licence issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

  • Marginal note:Section 95 import permits

    (2) Subject to regulations made under subsection 161(1), every permit issued under section 95 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

  • Marginal note:Section 103 export permits

    (3) Subject to regulations made under subsection 161(1), every permit issued under section 103 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

  • Marginal note:Regulatory conditions

    (4) Subject to regulations made under subsection 161(1), every licence or permit that is continued under any of subsections (1) to (3) is subject to the conditions set out in regulations made under paragraph 139(1)(g).

  • Marginal note:Registered persons

    (5) Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to registered persons, every individual who is a registered person as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations immediately before the commencement day

    • (a) continues to be a registered person until the expiry date of their registration, unless that registration is cancelled before that date; and

    • (b) is subject to those regulations made under subsection 139(1).

  • Marginal note:Designated persons

    (6) Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to designated persons and registered persons, every individual who is a designated person, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, immediately before the commencement day

    • (a) continues to be a designated person in relation to a registered person until the expiry or cancellation of the registered person’s registration or the registered person’s registration is amended or renewed and another individual is designated as the designated person in relation to the registered person; and

    • (b) is subject to those regulations made under subsection 139(1).

  • Marginal note:Clients

    (7) Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to clients, every individual who, immediately before the commencement day, is a client, as defined in subsection 17(1) of the Access to Cannabis for Medical Purposes Regulations, of a person whose licence is continued under subsection (1) continues to be a client of that person and is subject to those regulations made under subsection 139(1).

  • Marginal note:Security clearances

    (8) Subject to regulations made under subsection 161(1), every security clearance granted under section 112 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a security clearance granted under section 67 of this Act and it continues in force until the date it is expressed to expire, unless it is cancelled before that date.

  • Marginal note:Applications for licences and permits

    (9) Subject to regulations made under subsection 161(1), every application for a licence under section 35 of the Access to Cannabis for Medical Purposes Regulations, or for a permit under section 95 or 103 of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application for a licence or a permit, as the case may be, made under section 62 of this Act.

  • Marginal note:Applications for security clearance

    (10) Subject to regulations made under subsection 161(1), every application for a security clearance under section 110 of the Access to Cannabis for Medical Purposes Regulations in respect of which no final decision has been made before the commencement day is deemed to be an application for a security clearance made under section 67 of this Act.

  • Marginal note:Other applications

    (11) Subject to regulations made under subsection 161(1), every application to be a registered person, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, and every application for an authorization to produce cannabis as a designated person, as defined in subsection 1(1) of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application to be a registered person or an application to produce cannabis as a designated person, as the case may be, if regulations made under subsection 139(1) that come into force on the commencement day provide for the making of such applications.

 
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