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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)

1995, c. 39Firearms Act

 Paragraph 5(2)(a) of the Firearms Act is amended by striking out “or” at the end of subparagraph (iii), by adding “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

  • (v) an offence relating to the contravention of subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act;

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

 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):

  • (ii.1) the Cannabis Act, except for an offence under subsection 8(1) of that Act,

2002, c. 1Youth Criminal Justice Act

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

5 An offence under any of the following provisions of the Cannabis Act:

  • (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); and

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

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

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

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

  • (a.1) a provision of the Cannabis Act;

2010, c. 21Canada Consumer Product Safety Act

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

  • 21 
    Cannabis as defined in subsection 2(1) of the Cannabis Act.

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

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

offence

offence means an offence under the Criminal Code, the Youth Criminal Justice Act or the Crimes Against Humanity and War Crimes Act, a designated substance offence as defined in subsection 2(1) of the Controlled Drugs and Substances Act, a designated offence as defined in subsection 2(1) of the Cannabis Act or an offence under section 91 or Part 3 of the Immigration and Refugee Protection Act. (infraction)

Coordinating Amendments

Marginal note:2013, c. 24

  •  (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

  •  (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.

 

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