Cannabis Act (S.C. 2018, c. 16)

Marginal note:Regulations

• 161 (1) The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any transitional matter arising from the coming into force of any provision of this Act.

• Marginal note:Retroactive effect

  (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

Related Amendments

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

• 162 (1) The definition usage du tabac in subsection 2(1) of the French version of the Non-smokers’ Health Act is repealed.

• (1.1) The definition work space in subsection 2(1) of the Act is replaced by the following:

  work space

  work space means any indoor or other enclosed space — or any outdoor space or class of outdoor space designated in the regulations — in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area — and any outdoor space or class of outdoor space designated in the regulations — that is frequented by employees during the course of their employment. (lieu de travail)

• (2) The definition smoke in subsection 2(1) of the English version of the Act is replaced by the following:

  smoke

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

• (3) 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)

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

  smoke

  fumer Fumer un produit à base de tabac ou du cannabis ou avoir par-devers soi un produit à base de tabac allumé ou du cannabis allumé. (smoke)

Marginal note:1989, c. 7, s. 1

163 Section 6 of the Act is replaced by the following:

163.1 Subsection 7(1) of the Act is amended by adding the following after paragraph (b):

Marginal note:1996, c.12, s. 5

164 Subsection 8.2(2) of the Act is replaced by the following:

Consequential Amendments

R.S., c. C-47Criminal Records Act

Marginal note:2012, c. 1, s. 126

165 Subparagraph 7.2(a)(ii) of the Criminal Records Act is replaced by the following:

R.S., c. I-1Identification of Criminals Act

Marginal note:1992, c. 47; s. 74(1); 1996, c. 7, s. 39

166 Paragraph 2(1)(c) of the Identification of Criminals Act is replaced by the following:

167 The Act is amended by adding the following after section 4:

R.S., c. N-5National Defence Act

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):

R.S., c. 1 (2nd Supp.)Customs Act

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

Marginal note:2010, c. 12, s. 50

170 Subsection 117(2) of the Act is replaced by the following:

R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act

Marginal note:2001, c. 32, s. 65

• 171 (1) Paragraphs 9.3(4)(c) and (d) of the Mutual Legal Assistance in Criminal Matters Act are replaced by the following:

  • (c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code, subsection 11(1) of the Controlled Drugs and Substances Act or subsection 87(1) of the Cannabis Act, as the case may be; and

  • (d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code, subsection 14(3) of the Controlled Drugs and Substances Act or subsection 91(3) of the Cannabis Act, as the case may be.

• (2) Paragraph 9.4(6)(b) of the Act is replaced by the following:

  • (b) an order for the forfeiture of offence-related property has the same effect as if it were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, as the case may be.

• Marginal note:2001, c. 32, s. 65

  (3) Subparagraphs 9.4(8)(b)(i) and (ii) of the Act are replaced by the following:

  • (i) notice in accordance with subsection 490.41(2) of the Criminal Code, subsection 19.1(2) of the Controlled Drugs and Substances Act or subsection 98(2) of the Cannabis Act has been given to any person who resides in a dwelling-house that is offence-related property and who is a member of the immediate family of the person charged with or convicted of the offence in relation to which property would be forfeited, and

  • (ii) notice in accordance with subsection 490.4(2) of the Criminal Code, subsection 19(2) of the Controlled Drugs and Substances Act or subsection 97(2) of the Cannabis Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:2001, c. 32, s. 65

  (4) Subsection 9.4(9) of the Act is replaced by the following:

  • Marginal note:Application of Criminal Code

    (9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code, subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act and subsections 97(3) and 99(4) of the Cannabis Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property.