Cannabis Act (S.C. 2018, c. 16)

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Act current to 2018-11-20 and last amended on 2018-10-17. Previous Versions

PART 3Licences and Permits (continued)

Marginal note:Notice of proposed revocation

 If the Minister proposes to revoke a licence or permit, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed revocation and give the holder an opportunity to be heard.

Marginal note:Security clearances

  •  (1) Subject to the regulations, the Minister may grant or refuse to grant a security clearance or suspend or cancel a security clearance.

  • Marginal note:Security clearance required by Minister

    (2) The Minister may specify, by name or position, any person — other than a person specified in the regulations — who must hold a security clearance if the Minister is of the opinion that the person

    • (a) performs, has performed or is about to perform activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part; or

    • (b) has, has had or is about to have custody, management or control of the place where activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part, are being or will be performed.

  • Marginal note:Notice

    (3) If the Minister specifies that a person must hold a security clearance under subsection (2), the Minister must provide the applicant for, or the holder of, the licence or permit related to that person with a notice to that effect in writing.

Marginal note:Termination of application

  •  (1) The Minister may, by order, fix a date for the termination of applications of a class of applications for a licence or permit under section 62 and, if he or she does so, every application of that class is terminated at the expiry of that date if a final decision has not been made in respect of that application.

  • Marginal note:Fees returned

    (2) Any fees paid in respect of an application that is terminated under subsection (1) must be returned, without interest, to the person that paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

  • Marginal note:No recourse or indemnity

    (3) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).

PART 4General Authorizations

Marginal note:Provincially authorized selling

  •  (1) A person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3).

  • Marginal note:Application

    (2) Subsection (1) applies only if the provincial Act and the legislative measures are in force.

  • Marginal note:Legislative measures

    (3) For the purposes of subsection (1), the legislative measures in a provincial Act that authorizes the selling of cannabis are the following in respect of persons authorized to sell cannabis:

    • (a) they may sell only cannabis that has been produced by a person that is authorized under this Act to produce cannabis for commercial purposes;

    • (b) they may not sell cannabis to young persons;

    • (c) they are required to keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and

    • (d) they are required to take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.

Marginal note:Administration and enforcement activities — federal Acts

  •  (1) Unless the regulations provide otherwise, every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of this Act or any other Act of Parliament is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.

  • Marginal note:Administration and enforcement activities — provincial Acts

    (2) Every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of any provincial Act that authorizes the selling of cannabis is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.

Marginal note:Employees — this Act

  •  (1) Unless the regulations provide otherwise, every employee of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.

  • Marginal note:Agents and mandataries — this Act

    (2) Unless the regulations provide otherwise, every person who is acting as the agent or mandatary of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.

  • Marginal note:Contractor — this Act

    (3) Unless the regulations provide otherwise, every person who is acting under a contract with a person that is authorized under this Act to possess, sell, distribute or produce cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

Marginal note:Employees — provincial Acts

  •  (1) Every employee of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.

  • Marginal note:Agents and mandataries — provincial Acts

    (2) Every person who is acting as the agent or mandatary of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.

  • Marginal note:Contractor — provincial Acts

    (3) Every person who is acting under a contract with a person that is authorized under a provincial Act to sell cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by section 8, 9 or 10 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

PART 5Ministerial Orders

Marginal note:Provision of information

  •  (1) The Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to provide the Minister with any information that the Minister considers necessary

    • (a) to address an issue of public health or public safety; or

    • (b) to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations.

  • Marginal note:Contents

    (2) The order must include a statement of the reasons for the making of the order and specify the information to be provided and the time and manner in which it is to be provided.

Marginal note:Tests and studies

  •  (1) For the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations or to address an issue of public health or public safety, the Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to

    • (a) conduct tests or studies on the cannabis to which their activities relate or that they are authorized to sell, as the case may be, in order to obtain the information that the Minister considers necessary; and

    • (b) provide the Minister with that information and the results of the tests or studies.

  • Marginal note:Contents

    (2) The order must

    • (a) include a statement of the reasons for the making of the order;

    • (b) specify the tests or studies that are to be conducted;

    • (c) specify the information that is to be provided; and

    • (d) specify the time and manner in which

      • (i) the tests or studies are to be conducted, and

      • (ii) the information and the results of the tests or studies are to be provided.

 
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