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Cannabis Act (S.C. 2018, c. 16)

Full Document:  

Act current to 2019-06-20 and last amended on 2018-10-17. Previous Versions

PART 12Transitional Provisions and Related, Consequential and Coordinating Amendments (continued)

Transitional Provisions (continued)

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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