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Cannabis Act (S.C. 2018, c. 16)

Full Document:  

Assented to 2018-06-21

PART 12Transitional Provisions and Related, Consequential and Coordinating Amendments (continued)

Transitional Provisions (continued)

Marginal note:Regulations

  •  (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

  •  (1) The definition usage du tabac in subsection 2(1) of the French version of the Non-smokers’ Health Act is repealed.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

 Section 6 of the 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.

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

  • (b.1) designating outdoor spaces or classes of outdoor spaces for the purpose of the definition work space;

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

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

  • Marginal note:Regulations

    (2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1).

Consequential Amendments

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

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

 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

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

  • (c) any person alleged to have committed an indictable offence, other than

    • (i) an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 501(3) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, promise to appear, recognizance or summons; or

    • (ii) an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act.

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

Marginal note:Destruction of fingerprints and photographs – Cannabis Act

5 If a person charged with an offence referred to in any of paragraphs 51(2)(a) to (j) of the Cannabis Act is fingerprinted or photographed and the Attorney General, within the meaning of that Act, makes an election under section 58 of that Act, the fingerprints or photographs shall be destroyed.

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

 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) relating to the contravention of any of sections 9 to 14 of the Cannabis Act, or

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

 Subsection 2(1) of the Customs 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)

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

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

  • Marginal note:No return of certain goods

    (2) Despite subsection (1), if spirits, wine, specially denatured alcohol, restricted formulations, cannabis, raw leaf tobacco, excise stamps or tobacco products are seized under this Act, they shall not be returned to the person from whom they were seized or any other person unless they were seized in error.

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

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

  •  (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.

 
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