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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)

Coordinating Amendments (continued)

Marginal note:Bill C-28

 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:Victim surcharge

  • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

Marginal note:Bill C-37

  •  (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:

  • (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

 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:Service Fees Act

147 The Service Fees Act does not apply to a fee fixed under subsection 142(1).

Marginal note:Bill

 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:

  • (ii) an offence under the Criminal Code other than an offence under subsection 320.14(1) or 320.15(1) of that Act — or under the Cannabis Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985 — that is punishable either on conviction on indictment or on summary conviction; or

PART 12.1Cannabis Act

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

ItemClass of Cannabis
6edibles containing cannabis
7cannabis concentrates

PART 131996, c. 19Controlled Drugs and Substances Act

Amendments to the Act

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

organization

organization has the same meaning as in section 2 of the Criminal Code. (organisation)

person

person means an individual or an organization. (personne)

  •  (1) Subsection 4(5) of the Act is repealed.

  • (2) Subsection 4(8) of the Act is repealed.

 Section 4.1 of the Act is replaced by the following:

Marginal note:Definition of medical emergency

  • 4.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

  • Marginal note:Exemption — medical emergency

    (2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene.

  • Marginal note:Exemption — persons at the scene

    (3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.

  • Marginal note:Exemption — evidence

    (4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

  • Marginal note:Deeming

    (5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.

Marginal note:2012, c. 1, s. 39(1)

  •  (1) The portion of paragraph 5(3)(a) of the Act before subparagraph (i) is replaced by the following:

    • (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

  • Marginal note:2012, c. 1, s. 39(1)

    (2) Paragraph 5(3)(a.1) of the Act is repealed.

  • Marginal note:2012, c. 1, s. 39(2)

    (3) Subsection 5(6) of the Act is repealed.

 
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