Cannabis Act (S.C. 2018, c. 16)

Marginal note:Measures

• 75 (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 take any measures that the Minister considers necessary

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

  • (b) to prevent non-compliance with the provisions of this Act or of the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.

• Marginal note:Contents

  (2) The order must include a statement of the reasons for the making of the order and specify the measures to be taken and the time and manner in which they are to be taken.

Marginal note:Recall

• 76 (1) If the Minister believes on reasonable grounds that a recall of any cannabis or class of cannabis is necessary to protect public health or public safety, he or she may, by order, require a person that sells or distributes that cannabis or class of cannabis to recall it or send it — or cause it to be sent — to a place specified in the order, or to do both those things.

• Marginal note:Contents

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

Marginal note:Recall or measures taken by Minister

77 If a person does not comply with an order made under section 75 or 76 or an order amended under section 79 within the time specified in the order, the Minister may, on his or her own initiative and at that person’s expense, carry out the measures required or the recall.

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.