Cannabis Act (S.C. 2018, c. 16)

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

PART 1Prohibitions, Obligations and Offences (continued)

DIVISION 2Other Prohibitions (continued)

SUBDIVISION APromotion (continued)

Marginal note:Use of certain terms, etc.

 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

 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

 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

 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

  •  (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 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 distribution 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

  •  (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

 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

 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

 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.

 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

 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

 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

 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

  •  (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

 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.

 
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