Cannabis Act (S.C. 2018, c. 16)

2000, c. 17Proceeds of Crime (Money Laundering) and Terrorist Financing Act

183 Paragraph 11.11(1)(d) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after subparagraph (ii):

2002, c. 1Youth Criminal Justice Act

184 The schedule to the Youth Criminal Justice Act is amended by adding the following after item 4:

2005, c. 3International Interests in Mobile Equipment (aircraft equipment) Act

Marginal note:2012, c. 31, s. 412

185 Subsection 6(2) of the International Interests in Mobile Equipment (aircraft equipment) Act is amended by adding the following after paragraph (a):

2010, c. 21Canada Consumer Product Safety Act

186 Schedule 1 to the Canada Consumer Product Safety Act is amended by adding the following after item 20:

2015, c. 13, s. 2Canadian Victims Bill of Rights

187 The definition offence in section 2 of the Canadian Victims Bill of Rights is replaced by the following:

Coordinating Amendments

Marginal note:2013, c. 24

• 188 (1) If section 168 of this Act comes into force before subsection 22(1) of the Strengthening Military Justice in the Defence of Canada Act (in this section referred to as the “other Act”), then, on the day on which that subsection 22(1) comes into force, subsection 147.1(1) of the National Defence Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (c.1) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act; or

• (2) If subsection 22(1) of the other Act comes into force before section 168 of this Act, then section 168 of the English version of this Act is replaced by the following:

  168 Subsection 147.1(1) of the National Defence Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (c.1) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act; or

• (3) If subsection 22(1) of the other Act comes into force on the same day as section 168 of this Act, then that subsection 22(1) is deemed to have come into force before that section 168 and subsection (2) applies as a consequence.

Marginal note:Bill S-5

• 189 (1) Subsections (2) to (8) apply if Bill S-5, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.

• (2) If section 82 of the other Act comes into force before section 162 of this Act, then that section 162 is replaced by the following:

  • 162 (1) The definition smoke in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

    smoke

    smoke means to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis or to vape using a vaping product; (fumer)

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    cannabis

    cannabis has the same meaning as in subsection 2(1) of the Cannabis Act; (cannabis)

  • (3) Paragraph (a) of the definition vaping product in subsection 2(1) of the Act is replaced by the following:

    • (a) a device that is intended to be used to simulate the act of smoking a tobacco product or cannabis and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and

• (3) If section 162 of this Act comes into force before section 82 of the other Act, then

  • (a) that section 82 is deemed never to have come into force and is repealed;

  • (b) the definition smoke in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

    smoke

    smoke means to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis or to vape using a vaping product; (fumer)

  • (c) subsection 2(1) of the Non-smokers’ Health Act is amended by adding the following in alphabetical order:

    vaping product

    vaping product means

    • (a) a device that is intended to be used to simulate the act of smoking a tobacco product or cannabis and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and

    • (b) a device that is designated to be a vaping product by the regulations; (produit de vapotage)

• (4) If section 82 of the other Act comes into force on the same day as section 162 of this Act, then that section 162 is deemed to have come into force before that section 82 and subsection (3) applies as a consequence.

• (5) On the first day on which both section 83 of the other Act and section 163 of this Act are in force, section 6 of the Non-smokers’ Health Act is replaced by the following:

  Marginal note:Saving

  6 Nothing in section 4 or 5 affects the operation of any other Act of Parliament, any regulations made under any Act of Parliament, or any rule of law in relation to the protection of persons from exposure to tobacco or cannabis smoke or any emission from a vaping product.

• (6) If section 85 of the other Act comes into force before section 164 of this Act, then that section 164 is repealed.

• (7) If section 164 of this Act comes into force before section 85 of the other Act, then

  • (a) that section 85 is deemed never to have come into force and is repealed;

  • (b) subsection 8.2(2) of the French version of the Non-smokers’ Health Act is replaced by the following:

    • Marginal note:Règlements

      (2) Le gouverneur en conseil peut, sur recommandation du ministre du Travail, prendre des règlements régissant le fait de fumer dans les espaces de travail liés à l’emploi visé par un règlement pris en vertu du paragraphe (1).

• (8) If section 85 of the other Act comes into force on the same day as section 164 of this Act, then that section 164 is deemed never to have come into force and is repealed.

Marginal note:Bill C-28

190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

Marginal note:Bill C-37

• 191 (1) Subsections (2) and (3) apply if Bill C-37, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.

• (2) On the first day on which both section 70 of the other Act and subsection 175(1) of this Act are in force, paragraphs 4(1)(a) and (b) of the Seized Property Management Act are replaced by the following:

  • (a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code, section 11 of the Controlled Drugs and Substances Act or section 87 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be;

  • (b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be;

• (3) On the first day on which both section 71 of the other Act and section 176 of this Act are in force, subsection 5(1) of the Seized Property Management Act is replaced by the following:

  Marginal note:Transfer of property

  • 5 (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 15.1(1) of the Controlled Drugs and Substances Act, subsection 93(1) of the Cannabis Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

Marginal note:Bill

192 If a bill introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2017, No. 1, receives royal assent, then on the first day on which both section 456 of that Act and section 147 of this Act are in force, section 147 of this Act is replaced by the following:

Marginal note:Bill

193 If a bill introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts receives royal assent, then on the first day on which both section 42 of that Act and section 165 of this Act are in force, subparagraph 7.2(a)(ii) of the Criminal Records Act is replaced by the following:

PART 12.1Cannabis Act

193.1 Schedule 4 to the Cannabis Act is amended by adding the following in numerical order:

PART 131996, c. 19Controlled Drugs and Substances Act

Amendments to the Act

194 Subsection 2(1) of the Controlled Drugs and Substances Act is amended by adding the following in alphabetical order:

• 195 (1) Subsection 4(5) of the Act is repealed.

• (2) Subsection 4(8) of the Act is repealed.

195.1 Section 4.1 of the Act is replaced by the following: