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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)

Consequential Amendments (continued)

1992, c. 20Corrections and Conditional Release Act

 Item 4 of Schedule II to the Corrections and Conditional Release Act is replaced by the following:

4 An offence under any of the following provisions of the Cannabis Act that was prosecuted by way of indictment:

  • (a) section 9 (distribution and possession for purpose of distributing);

  • (b) section 10 (selling and possession for purpose of selling);

  • (c) section 11 (importing and exporting and possession for purpose of exporting);

  • (d) section 12 (production);

  • (e) section 13 (possession, etc., for use in production or distribution of illicit cannabis); and

  • (f) section 14 (use of young person).

5 The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in items 1 to 4 of this schedule that was prosecuted by way of indictment.

1993, c. 37Seized Property Management Act

Marginal note:1997, c. 23, s. 22; 2001, c. 41, s. 135(2)

 The definitions offence-related property and restrained property in section 2 of the Seized Property Management Act are replaced by the following:

offence-related property

offence-related property has the meaning given that expression by subsection 2(1) of the Controlled Drugs and Substances Act or by subsection 2(1) of the Cannabis Act; (biens infractionnels)

restrained property

restrained property means any property that is the subject of 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; (biens bloqués)

Marginal note:2001, c. 41, s. 135(5)

 Subparagraph 3(b)(iii) of the Act is replaced by the following:

Marginal note:2001, c. 41, ss. 135(6) and (7)

  •  (1) Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:

  • Marginal note:1996, c. 19, s. 87

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

    • Marginal note:Application of other Acts

      (4) Nothing in this section precludes the operation of the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act or any other Act of Parliament in respect of any property that is in the possession or under the control of the Minister.

Marginal note:2001, c. 41, s. 135(8)

 Subsection 5(1) of the 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 14.1(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:1996, c. 19, s. 88

 Subsection 6(1) of the Act is replaced by the following:

Marginal note:Application for management order

  • 6 (1) The Attorney General, or any other person with the written consent of the Attorney General, may apply to any judge or justice for a management order in respect of any seized property, other than a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act.

Marginal note:1996, c. 19, s. 89(2)

 The portion of paragraph 9(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) subject to the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act and any other Act of Parliament, manage any property referred to in any of subsections 4(1) to (3) in the manner that the Minister considers appropriate including, without restricting the generality of the foregoing, by advancing money at a commercial rate of interest to

Marginal note:2005, c. 44, s. 14

 Paragraph 10(1)(a) of the Act is replaced by the following:

  • (a) the forfeiture to Her Majesty of property under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or 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,

Marginal note:2005, c. 44, s. 15

 Subparagraph 11(a)(i) of the Act is replaced by the following:

  • (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or 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, or

Marginal note: 2005, c. 44, s. 16

 Section 14 of the Act is replaced by the following:

Marginal note:If costs are greater than proceeds

14 If the proceeds of disposition available to Her Majesty from the forfeiture of any property under subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) 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 are insufficient to cover the outstanding amounts charged to the Working Capital Account under subsection 12(2), and any interest on it, in respect of the property, there is to be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.

 
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