Cannabis Act (S.C. 2018, c. 16)

Marginal note:Dispensing device

37 Unless authorized under this Act, it is prohibited to sell or distribute cannabis or a cannabis accessory by means of a dispensing device.

SUBDIVISION EOther Prohibitions

Marginal note:Obstructing inspector

• 38 (1) It is prohibited to obstruct, by act or omission, an inspector who is engaged in the exercise of powers or the performance of duties or functions under this Act.

• Marginal note:False statements

  (2) It is prohibited to knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of powers or the performance of duties or functions under this Act.

• Marginal note:Interference

  (3) It is prohibited, without the authority of an inspector, to move, alter or interfere with, in any way, anything seized, detained or taken under section 86.

Marginal note:False or misleading statement

39 It is prohibited to knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any record, report, electronic data or document that is required to be prepared, retained or provided by any person under this Act.

DIVISION 3Obligations

Marginal note:Compliance with conditions

40 The holder of a licence or permit issued under this Act must comply with its conditions.

Marginal note:Suspension

41 If a licence or permit issued under this Act is suspended in respect of any or all activities, its holder must cease conducting, for the duration of the suspension, the activities to which the suspension relates.

Marginal note:Public disclosure

42 Every person that is authorized under this Act to produce, sell or distribute cannabis must make available to the public, in the prescribed form and manner and within the prescribed time, information about cannabis that is required by the regulations.

Marginal note:Promotion-related information — cannabis

• 43 (1) Every person that is authorized under this Act to produce, sell or distribute cannabis must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion of cannabis that they conduct, including a promotion referred to in paragraph 16(c).

• Marginal note:Promotion-related information — cannabis accessories and services

  (2) Every person that sells or distributes a cannabis accessory, or that provides a service related to cannabis, must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion of cannabis accessories or their service related to cannabis, as the case may be, that they conduct, including a promotion referred to in paragraph 16(d).

• Marginal note:Inducement information

  (3) Every person that sells cannabis or cannabis accessories must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs 24(1)(a) to (c) that they provide or offer to provide.

• Marginal note:Additional information

  (4) The Minister may, subject to the regulations, request that a person that has provided information under any of subsections (1) to (3) provide additional information relating to the information they provided under that subsection, and that person must provide the requested information in the form and manner and within the time specified by the Minister.

DIVISION 4Miscellaneous

Marginal note:Penalty

44 Subject to section 51, every person that contravenes a provision of this Act for which no punishment is otherwise provided by this Act, or that contravenes a provision of a regulation, an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82,

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

• (b) is guilty of an offence punishable on summary conviction and is 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.

Marginal note:Limitation period

45 No summary conviction proceedings in respect of an offence under section 44 may be commenced after the expiry of one year after the day on which the subject-matter of the proceedings arose.

Marginal note:Offences by corporate officers, etc.

46 If a person other than an individual commits an offence under section 44, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

Marginal note:Continuing offence

47 If an offence under section 44 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Employees or agents or mandataries

48 In a prosecution for an offence under section 44, it is sufficient proof of the offence to establish that it was committed by any employee or agent or mandatary of the accused, even if the employee or agent or mandatary is not identified or is not prosecuted for the offence.

Marginal note:Venue

49 Proceedings in respect of an offence in relation to a contravention of any provision of this Act or of the regulations, or of an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, may be held in the place where the offence was committed or where the subject-matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.

Marginal note:Reference to exception, exemption, etc.

• 50 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463, 464 or 465 of the Criminal Code in respect of such an offence.

• Marginal note:Rebuttal

  (2) In any prosecution for an offence under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit, authorization, exemption or qualification does not operate in favour of the accused, whether or not it is referred to in the information or indictment.

PART 2Ticketable Offences

Marginal note:Procedure

• 51 (1) In addition to the procedures set out in the Criminal Code, proceedings referred to in subsection (2) against an individual who is 18 years of age or older or an organization may be commenced by a peace officer

  • (a) completing a ticket that consists of a summons portion and an information portion;

  • (b) in the case of proceedings against an individual, delivering the summons portion of the ticket to the accused;

  • (c) in the case of proceedings against an organization, sending the summons portion of the ticket, or delivering it, to the organization in accordance with the regulations; and

  • (d) filing the information portion of the ticket with a court of criminal jurisdiction before or as soon as feasible after the summons portion has been delivered or sent.

• Marginal note:Proceedings

  (2) The proceedings for the purposes of subsection (1) are the following:

  • (a) proceedings in respect of an offence arising out of the contravention of paragraph 8(1)(a) or (b) or any of subparagraphs 9(1)(a)(i), (iii) and (iv) in respect of cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to 50 g or less of dried cannabis;

  • (b) proceedings against an individual who is 18 years of age or older in respect of an offence arising out of the contravention of paragraph 8(1)(e) or subparagraph 9(1)(c)(ii) in respect of five or six cannabis plants;

  • (c) proceedings in respect of an offence arising out of the contravention of subsection 9(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of distributing it contrary to any of subparagraphs 9(1)(a)(i), (iii) and (iv);

  • (d) proceedings against an individual in respect of an offence arising out of the contravention of paragraph 10(1)(a) or (c) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;

  • (e) proceedings against an individual in respect of an offence arising out of the contravention of subsection 10(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of selling it contrary to paragraph 10(1)(a) or (c);

  • (f) proceedings against an individual in respect of an offence arising out of the contravention of paragraph 12(1)(a) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;

  • (g) proceedings in respect of an offence arising out of the contravention of paragraph 12(4)(b) in respect of five or six cannabis plants;

  • (h) proceedings in respect of an offence arising out of the contravention of subsection 12(5) in respect of one or two cannabis plants; and

  • (i) proceedings in respect of an offence arising out of the contravention of section 44 in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)(z.6).

• Marginal note:Content of ticket

  (3) The summons and information portions of the ticket must set out

  • (a) a description of the offence and the time and place of its alleged commission;

  • (b) a statement, signed by the peace officer who completes the ticket, that the peace officer has reasonable grounds to believe that the accused committed the offence;

  • (c) an amount equal to the amount, determined under subsection (4), to be paid for the offence;

  • (d) the manner in which and period within which the amount is to be paid;

  • (d.1) a lesser amount than the amount determined under subsection (4) that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (d);

  • (e) a statement that if the accused pays the amount within the period referred to in paragraph (d) or (d.1),

    • (i) a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,

    • (ii) the judicial record of the accused in respect of the offence will not be used for any purpose that would identify the accused as a person dealt with under this Act, and

    • (iii) if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty;

  • (f) a statement that if the accused wishes to plead not guilty, the accused must appear in the court, at the place, day and time set out in the ticket;

  • (g) a statement that if the accused pleads not guilty, he or she will be given an opportunity to indicate in which official language he or she wishes to be tried; and

  • (h) a statement that if the accused does not enter a plea and does not pay the amount within the period referred to in paragraph (d) or (d.1)

    • (i) a conviction will be entered in the judicial record of the accused, and

    • (ii) if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty.

• Marginal note:Amount

  (4) For the purpose of paragraph (3)(c), the amount is

  • (a) for an offence referred to in any of paragraphs (2)(a) to (h), $200 plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees; and

  • (b) for an offence in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)(z.6), the amount specified in those regulations in respect of that offence plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees.

Marginal note:Consequences of payment

52 Payment of the amount set out in the ticket by the accused within the period referred to in paragraph 51(3)(d) or (d.1) constitutes a plea of guilty to the offence described in the ticket and, following the payment,

• (a) a finding of guilt is to be entered in the judicial record of the accused and the accused is deemed to have received an absolute discharge and not to have been convicted of the offence;

• (b) the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act; and

• (c) if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty.

Marginal note:Consequences of being convicted

• 53 (1) If an accused pleads not guilty and the accused is convicted of the offence described in the ticket, the accused is liable to a fine of not more than $200, in the case of an offence referred to in any of paragraphs 51(2)(a) to (h) or, in the case of an offence in respect of a contravention of a provision specified in regulations made under paragraph 139(1)(z.6), to a fine of not more than the amount specified in those regulations in respect of that offence.

• Marginal note:Non-application of section 731

  (1.1) If the accused is convicted of the offence, no order is to be made under section 731 of the Criminal Code in respect of that conviction.

• Marginal note:Effect of payment

  (2) If the accused is convicted of the offence and the accused pays the amount owing in respect of the conviction, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.

Marginal note:Consequences of failing to pay fine

• 54 (1) If an accused fails to pay the amount set out in the ticket within the period referred to in paragraph 51(3)(d) or (d.1), the accused is liable for that amount and

  • (a) a conviction is to be entered in the judicial record of the accused;

  • (b) the conviction is deemed to have been pronounced by a court;

  • (c) if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty;

  • (d) the accused has 60 days after the day of the conviction to pay the amount set out in the ticket; and

  • (e) the amount set out in the ticket, other than the amount in relation to the applicable fees, is deemed to be the fine imposed by the court.

• Marginal note:Effect of payment or imprisonment

  (2) If, after being convicted, the accused pays the amount set out in the ticket or, if the accused is an individual, the accused has served, in full, any period of imprisonment imposed as a result of a default in payment of the amount of the fine imposed by the court, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.

Marginal note:Imprisonment

55 Only an individual who is unwilling though able to pay a fine or the amount of a victim surcharge imposed in respect of a conviction referred to in subsection 53(1) or a fine imposed in respect of a conviction referred to in section 54 may be imprisoned in default of its payment.

Marginal note:Licences, permits, etc.

55.1 If the amount to be paid under this Part is owed to Her Majesty in right of Canada, the person responsible, by or under an Act or ordinance of the legislature of a territory, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine or fee is paid in full, proof of which lies on the offender.