Cannabis Act (S.C. 2018, c. 16)

Marginal note:Review officers

78 The Minister may designate any qualified individuals or class of qualified individuals as review officers for the purpose of reviewing orders made under section 79.

Marginal note:Request for review

• 79 (1) Subject to any other provision of this section, an order that is made under any of sections 73 to 76 or amended under subsection (10) must be reviewed on the written request of the person to which the order was addressed — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who amended the order under subsection (10).

• Marginal note:Contents of and time for making request

  (2) The request must state the grounds for review and set out the evidence that supports those grounds and the decision that is sought. The request must be provided to the Minister within seven days after the day on which the order was provided.

• Marginal note:No authority to review

  (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

• Marginal note:Reasons for refusal

  (4) If the review is not done, the person that made the request must, without delay, be notified in writing of the reasons.

• Marginal note:Review initiated by review officer

  (5) A review officer — other than the individual who amended the order under subsection (10) — may review an order made under any of sections 73 to 76, whether or not a request is made under subsection (1).

• Marginal note:Order in effect

  (6) An order made under any of sections 73 to 76 continues to apply during a review unless the review officer decides otherwise.

• Marginal note:Completion of review

  (7) A review officer must complete the review no later than the 30th day after the day on which the request is provided to the Minister.

• Marginal note:Extension of period for review

  (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

• Marginal note:Reasons for extension

  (9) If the review period is extended, the person that made the request must, without delay, be notified in writing of the reasons for extending it.

• Marginal note:Decision on completion of review

  (10) On completion of a review, the review officer must confirm, amend, terminate or cancel the order.

• Marginal note:Written notice

  (11) The person that made the request or, if there is no request, the person to which the order was addressed must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

• Marginal note:Effect of amendment

  (12) An order that is amended is subject to review under this section.

Marginal note:Statutory Instruments Act

80 An order made under any of sections 73 to 76 is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

PART 6Cannabis Tracking System

Marginal note:Establishment and maintenance

81 The Minister may, using the information collected under section 82 and any other information to which the Minister has access, establish and maintain a national cannabis tracking system to

• (a) enable the tracking of cannabis;

• (b) prevent cannabis from being diverted to an illicit market or activity; and

• (c) prevent illicit cannabis from being a source of supply of cannabis in the legal market.

Marginal note:Order requiring information

• 82 (1) For the purpose of section 81, the Minister may, by order, require a class of persons that are authorized to import, export, produce, test, package, label, send, deliver, transport, sell, or dispose of cannabis to provide the Minister with information respecting their activities in relation to cannabis.

• Marginal note:Contents

  (2) The order must specify the information to be provided and the time within and the form and manner in which it is to be provided and may specify the following:

  • (a) the manner in which and the place where the records, reports, electronic data or other documents containing the information — and any information on which the information is based — are to be retained;

  • (b) the period for which the records, reports, electronic data or other documents referred to in paragraph (a) are to be retained, which must not be more than three years from the date the information is provided to the Minister; and

  • (c) the manner in which calculations, measurements and other data on which the information is based are to be documented.

• Marginal note:Restriction

  (3) An order under subsection (1) may not require the provision of any personal information, as defined in section 3 of the Privacy Act, in respect of a consumer that purchases cannabis at the retail level.

• Marginal note:Extension of time

  (4) The Minister may, by order, on written request from a person that is subject to an order made under subsection (1), extend the time within which the person must comply with the order made under subsection (1). If the order under this subsection is granted, the original time in the order made under subsection (1) is deemed to be replaced, in relation to that person, by the new time.

• Marginal note:Deeming

  (5) If an order is made under subsection (4) after a person has failed to provide information in the time provided for in the order made under subsection (1), the person is deemed not to have failed to provide the information within the required time.

• Marginal note:Statutory Instruments Act

  (6) An order made under subsection (4) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

Marginal note:Disclosure of information

83 The Minister may disclose any information contained in the national cannabis tracking system as follows:

• (a) he or she may disclose it to the government of a province or a public body established under a provincial Act if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of a provincial Act that contains the legislative measures referred to in subsection 69(3);

• (b) he or she may disclose it to any federal Minister if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of any Act of Parliament, other than this Act, that applies directly or indirectly to cannabis or any activity in relation to cannabis;

• (c) he or she may disclose it if he or she has reasonable grounds to believe that the disclosure is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity;

• (d) he or she may disclose it if the disclosure is necessary to enable Canada to fulfil its international obligations;

• (e) he or she may disclose it to any prescribed person; or

• (f) he or she may disclose it in the prescribed circumstances.

PART 7Inspections

Marginal note:Designation of inspectors

• 84 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

• Marginal note:Certificate of designation

  (2) Each inspector must be provided with a certificate of designation in a form established by the Minister and, when entering any place under subsection 86(1), must, on request, produce the certificate to the person in charge of the place.

Marginal note:Provision of documents, information or samples

• 85 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, order a person that is authorized under this Act to conduct any activity in relation to cannabis to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

• Marginal note:Duty to provide

  (2) A person that is ordered by an inspector to provide a document, information or a sample must do so on the date, at the time and place and in the manner specified by the inspector.

Marginal note:Power to enter

• 86 (1) Subject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds

  • (a) an activity that may be regulated under this Act is being conducted;

  • (b) any record, report, electronic data or other document relating to the administration of this Act or the regulations is located;

  • (c) any record, report, electronic data or other document relating to the promotion of cannabis, a cannabis accessory or a service related to cannabis is located;

  • (d) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister; or

  • (e) an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.

• Marginal note:Other powers

  (2) The inspector may in the place entered under subsection (1)

  • (a) open and examine any receptacle or package found in the place;

  • (b) examine anything found in the place that is used or may be capable of being used for the production, preservation, packaging, labelling or storage of cannabis;

  • (c) examine any record, report, electronic data or other document, or any label or promotional material, found in the place with respect to cannabis, other than the records of the medical condition of individuals, and make copies of them or take extracts from them;

  • (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

  • (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

  • (f) take the record, report or other document, or the label or promotional material, referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

  • (g) use or cause to be used any copying equipment at the place to make copies of any document;

  • (h) take photographs and make recordings and sketches;

  • (i) examine any substance found in the place and take, for the purpose of analysis, any samples of it;

  • (j) seize and detain in accordance with this Part, cannabis or any other thing found in the place that the inspector believes on reasonable grounds is something in relation to which the Act was contravened or is something the seizure and detention of which is necessary to prevent non-compliance with the provisions of this Act or of the regulations;

  • (k) order the owner or person having possession of cannabis or any other thing to which the provisions of this Act or of the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (l) order the owner or person having possession of any conveyance that is found in the place and that the inspector believes on reasonable grounds contains cannabis to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (m) order any person in that place to establish their identity to the inspector’s satisfaction; and

  • (n) order a person that, at that place, conducts an activity to which the provisions of this Act or of the regulations apply to stop or start the activity.

• Marginal note:Means of telecommunication

  (3) For the purposes of subsection (1), the inspector is considered to have entered a place when accessing it remotely by a means of telecommunication.

• Marginal note:Limitation — access by means of telecommunication

  (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than for the period necessary for the purpose referred to in subsection (1).

• Marginal note:Individual accompanying inspector

  (5) The inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (6) The inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

• Marginal note:Warrant required to enter dwelling-house

  (7) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (8).

• Marginal note:Authority to issue warrant

  (8) A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (2)(a) to (n), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsection (1);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations; and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.

• Marginal note:Use of force

  (9) In executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Means of telecommunication

  (10) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

• Marginal note:Assistance to inspector

  (11) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require.

• Marginal note:Storage and notice

  (12) An inspector who seizes a thing under this section may

  • (a) on notice to and at the expense of its owner or the person having possession of it at the time of its seizure, store it or move it to another place; or

  • (b) order its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place.

• Marginal note:Return by inspector

  (13) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector must notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, must return the thing to that person.

• Marginal note:Return or disposition by Minister

  (14) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (13) or any of sections 103 to 107, it must be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.