Cannabis Act (S.C. 2018, c. 16)

DIVISION 2Other Prohibitions

SUBDIVISION APromotion

Marginal note:Non-application

16 Subject to the regulations, this Subdivision does not apply

• (a) to a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts cannabis, a cannabis accessory or a service related to cannabis, or a brand element of any of those things, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;

• (b) to a report, commentary or opinion in respect of cannabis, a cannabis accessory or a service related to cannabis or a brand element of any of those things, if no consideration is given, directly or indirectly, for the reference to the cannabis, cannabis accessory, service or brand element in that report, commentary or opinion;

• (c) to a promotion, by a person that is authorized to produce, sell or distribute cannabis, that is directed at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers; or

• (d) to a promotion, by a person that sells or distributes cannabis accessories or that provides a service related to cannabis, that is directed at any person that sells or distributes cannabis accessories, at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers.

Marginal note:Promotion

• 17 (1) Unless authorized under this Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis, including

  • (a) by communicating information about its price or distribution;

  • (b) by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons;

  • (c) by means of a testimonial or endorsement, however displayed or communicated;

  • (d) by means of the depiction of a person, character or animal, whether real or fictional; or

  • (e) by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

• Marginal note:Exception — informational promotion — cannabis

  (2) Subject to the regulations, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion if the promotion is

  • (a) in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;

  • (b) in a place where young persons are not permitted by law;

  • (c) communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

  • (d) in a prescribed place; or

  • (e) done in a prescribed manner.

• Marginal note:Exception — informational promotion — cannabis accessories and services

  (3) Subject to the regulations, a person may promote a cannabis accessory or a service related to cannabis by means of informational promotion or brand-preference promotion if the promotion is

  • (a) in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;

  • (b) in a place where young persons are not permitted by law;

  • (c) communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

  • (d) in a prescribed place; or

  • (e) done in a prescribed manner.

• Marginal note:Exception — point of sale — cannabis

  (4) Subject to the regulations, a person that is authorized to sell cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

• Marginal note:Exception — point of sale — cannabis accessory and services

  (5) Subject to the regulations, a person that sells a cannabis accessory or provides a service related to cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

• Marginal note:Exception — brand element on other things

  (6) Subject to the regulations, a person may promote cannabis, a cannabis accessory or a service related to cannabis by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on a thing that is not cannabis or a cannabis accessory, other than

  • (a) a thing that is associated with young persons;

  • (b) a thing that there are reasonable grounds to believe could be appealing to young persons; or

  • (c) a thing that is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Marginal note:False promotion — cannabis

• 18 (1) It is prohibited to promote cannabis in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks.

• Marginal note:False promotion — cannabis accessory

  (2) It is prohibited to promote a cannabis accessory in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks.

Marginal note:Use of certain terms, etc.

19 It is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)(z.1) in the promotion of cannabis, a cannabis accessory or a service related to cannabis.

Marginal note:Promotion using foreign media

20 It is prohibited to promote, in a way that is prohibited by this Part, cannabis, a cannabis accessory, a service related to cannabis or a brand element of any of those things in a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication that originates outside Canada.

Marginal note:Sponsorship

21 It is prohibited to display, refer to or otherwise use any of the following, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility:

• (a) a brand element of cannabis, of a cannabis accessory or of a service related to cannabis; and

• (b) the name of a person that

  • (i) produces, sells or distributes cannabis,

  • (ii) sells or distributes a cannabis accessory, or

  • (iii) provides a service related to cannabis.

Marginal note:Name of facility

22 It is prohibited to display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity,

• (a) a brand element of cannabis, a cannabis accessory or a service related to cannabis; or

• (b) the name of a person that

  • (i) produces, sells or distributes cannabis,

  • (ii) sells or distributes a cannabis accessory, or

  • (iii) provides a service related to cannabis.

Marginal note:Publication, etc. of prohibited promotions

• 23 (1) It is prohibited to publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is prohibited by any of sections 17 to 22.

• Marginal note:Exception

  (2) Subsection (1) does not apply

  • (a) in respect of the distribution for sale of an imported publication;

  • (b) in respect of broadcasting, as defined in subsection 2(1) of the Broadcasting Act, by

    • (i) a distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion that is inserted by the undertaking, or

    • (ii) an online undertaking, as defined in that subsection 2(1), that is lawful under that Act, in respect of the retransmission of programs over the Internet, other than the broadcasting of a promotion that is inserted by the undertaking; and

  • (c) in respect of a person that disseminates a promotion if they did not know, at the time of the dissemination, that it includes a promotion that is prohibited under any of sections 17 to 22.

Marginal note:Inducements

• 24 (1) Unless authorized under this Act, it is prohibited for a person that sells cannabis or a cannabis accessory

  • (a) to provide or offer to provide cannabis or a cannabis accessory if it is provided or offered to be provided without monetary consideration or in consideration of the purchase of any thing or service or the provision of any service;

  • (b) to provide or offer to provide any thing that is not cannabis or a cannabis accessory, including a right to participate in a game, draw, lottery or contest, if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory; or

  • (c) to provide or offer to provide any service if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory.

• Marginal note:Exception — cannabis

  (2) Subject to the regulations, subsection (1) does not apply in respect of a person that is authorized to sell cannabis that provides or offers to provide any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.

• Marginal note:Exception — cannabis accessory

  (3) Subject to the regulations, subsection (1) does not apply in respect of a person that sells a cannabis accessory that provides or offers to provide any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.

SUBDIVISION BPackaging and Labelling

Marginal note:Compliance with regulations

25 It is prohibited for a person that is authorized to sell cannabis to sell cannabis that has not been packaged or labelled in accordance with the regulations.

Marginal note:Prohibited packaging and labelling — cannabis

26 Unless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to sell it in a package or with a label

• (a) if there are reasonable grounds to believe that the package or label could be appealing to young persons;

• (b) that sets out a testimonial or endorsement, however displayed or communicated;

• (c) that sets out a depiction of a person, character or animal, whether real or fictional;

• (d) that associates the cannabis or one of its brand elements with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; or

• (e) that contains any information that is false, misleading or deceptive or that is likely to create an erroneous impression about the characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks of the cannabis.

Marginal note:Prohibited packaging and labelling — cannabis accessory

27 Unless authorized under this Act, it is prohibited for a person that sells a cannabis accessory to sell it in a package or with a label

• (a) if there are reasonable grounds to believe that the package or label could be appealing to young persons;

• (b) that sets out a testimonial or an endorsement, however displayed or communicated;

• (c) that sets out a depiction of a person, character or animal, whether real or fictional;

• (d) that associates the cannabis accessory or one of its brand elements with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; or

• (e) that contains any information that is false, misleading or deceptive or that is likely to create an erroneous impression about the design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks of the cannabis accessory.

Marginal note:Use of certain terms, etc.

28 Unless authorized under this Act, it is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)(z.1) on a package or label of cannabis or a cannabis accessory.

SUBDIVISION CDisplay

Marginal note:Display of cannabis

29 Unless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to display it, or any package or label of cannabis, in a manner that may result in the cannabis, package or label being seen by a young person.

Marginal note:Display of cannabis accessory

30 Unless authorized under this Act, it is prohibited for a person that sells a cannabis accessory to display it, or any package or label of a cannabis accessory, in a manner that may result in the cannabis accessory, package or label being seen by a young person.

SUBDIVISION DSelling and Distributing

Marginal note:Appeal to young persons

31 Unless authorized under this Act, it is prohibited to sell cannabis or a cannabis accessory that has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons.

Marginal note:Selling cannabis accessory to young person

• 32 (1) Unless authorized under this Act, it is prohibited to sell a cannabis accessory to a young person.

• Marginal note:Defence

  (2) It is not a defence to a charge under subsection (1) that the accused believed that the young person referred to in that subsection was at least 18 years of age, unless the accused took reasonable steps to ascertain the individual’s age.

Marginal note:Prohibited sales

33 Unless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to sell cannabis of any class that is not referred to in Schedule 4.

Marginal note:Prohibited substances

• 34 (1) Unless authorized under this Act, it is prohibited to sell any mixture of substances that contains cannabis and any substance that is referred to in column 1 of Schedule 5.

• Marginal note:Non-application of subsection (1)

  (2) Subsection (1) does not apply in respect of a mixture of substances that contains a substance that is referred to in column 1 of Schedule 5 and any cannabis of a class of cannabis that is referred to in column 2 of that Schedule in respect of that substance.

Marginal note:Selling or distributing recalled cannabis

35 It is prohibited to sell or distribute cannabis that is the subject of a recall order made under section 76.

Marginal note:Self-service display

36 Unless authorized under this Act, it is prohibited to sell or distribute cannabis or a cannabis accessory by means of a display that allows for self-service.