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Cannabis Act (S.C. 2018, c. 16)

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Assented to 2018-06-21

PART 131996, c. 19Controlled Drugs and Substances Act (continued)

Amendments to the Act (continued)

Marginal note:2012, c. 1, s. 41(1)

  •  (1) The portion of paragraph 7(2)(a.1) of the Act before subparagraph (i) is replaced by the following:

    • (a.1) if the subject matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

  • Marginal note:2012, c. 1, s. 41(1)

    (2) Paragraph 7(2)(b) of the Act is repealed.

  • Marginal note:2012, c. 1, s. 41(2)

    (3) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Factors

      (3) The following factors must be taken into account in applying paragraphs (2)(a) and (a.1):

 Paragraph 10(2)(b) of the Act is replaced by the following:

  • (b) was previously convicted of a designated substance offence, as defined in subsection 2(1) of this Act, or a designated offence, as defined in subsection 2(1) of the Cannabis Act.

  •  (1) Subject to subsection (2), subsection 34(2) of the Act is replaced by the following:

    • Marginal note:Maximum penalty

      (2) The maximum penalty for a violation is $1,000,000.

  • (2) Subsection (1) applies only 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 receives royal assent. If that Act receives royal assent, then subsection (1) comes into force on the first day on which both section 28 of that Act and this subsection are in force.

 Paragraphs 46(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and liable to a fine of not more than $5,000,000 or to imprisonment for a term not exceeding three years, or to both; or

  • (b) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine of not more than $250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent offence, to a fine of not more than $500,000 or imprisonment for a term of not more than 18 months, or to both.

 Subsection 50(1) of the Act is replaced by the following:

Marginal note:Certificate issued under regulations

  • 50 (1) Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 55(2)(c) or (2.1)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the person purporting to have certified it.

 The Act is amended by adding the following after section 54:

Technical Assistance

Marginal note:Advice of experts

54.1 The Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the approval of the Treasury Board, fix their remuneration.

 Section 60 of the Act is replaced by the following:

Marginal note:Power to amend schedules

60 The Governor in Council may, by order, amend any of Schedules I to VI by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.

  •  (1) Item 1 of Schedule II to the Act is repealed.

  • (2) The portion of item 2 of Schedule II to the Act before subitem (1) is replaced by the following:

    • 2 
      Synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and salts of derivatives and isomers — with the exception of any substance that is identical to any phytocannabinoid and with the exception of ((3S)-2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl)-1-naphthalenyl-methanone (WIN 55,212-3) and its salts — including those that fall within the following core chemical structure classes:

 Schedules VII and VIII to the Act are repealed.

Coordinating Amendments

Marginal note:Bill C-37

  •  (1) Subsections (2) to (6) 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) If subsection 197(1) of this Act comes into force before subsection 5(2) of the other Act, then that subsection 5(2) is deemed never to have come into force and is repealed.

  • (3) If subsection 197(1) of this Act comes into force on the same day as subsection 5(2) of the other Act, then that subsection 5(2) is deemed to have come into force before that subsection 197(1).

  • (4) If subsection 197(2) of this Act comes into force before subsection 5(3) of the other Act, then that subsection 5(3) is deemed never to have come into force and is repealed.

  • (5) If subsection 197(2) of this Act comes into force on the same day as subsection 5(3) of the other Act, then that subsection 5(3) is deemed to have come into force before that subsection 197(2).

  • (6) On the first day on which both section 203 of this Act and section 45 of the other Act are in force, section 60 of the Controlled Drugs and Substances Act is replaced by the following:

    Marginal note:Power to amend schedules

    60 The Governor in Council may, by order, amend any of Schedules I to IV, VI and IX by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.

PART 14R.S., c. C-46Criminal Code

Amendments to the Act

Marginal note:2001, c. 32, s. 2

 Subsection 25.1(14) of the Criminal Code is replaced by the following:

  • Marginal note:Exception — Controlled Drugs and Substances Act and Cannabis Act

    (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it or a provision of Division 1 of Part 1 of the Cannabis Act.

 Subsection 109(1) of the Act is amended by striking out “or” at the end of paragraph (c) and adding the following after that paragraph:

  • (c.1) 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, or

 Paragraph 110(1)(a) of the Act is replaced by the following:

  • (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or

 The definition offence in section 183 of the Act is amended by adding the following after paragraph (b.1):

  • (b.2) any of the following provisions of the Cannabis Act, namely,

    • (i) section 9 (distribution and possession for purpose of distributing),

    • (ii) section 10 (selling and possession for purpose of selling),

    • (iii) section 11 (importing and exporting and possession for purpose of exporting),

    • (iv) section 12 (production),

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

    • (vi) section 14 (use of young person),

 
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