Cannabis Act (S.C. 2018, c. 16)

Marginal note:Termination of application

• 68 (1) The Minister may, by order, fix a date for the termination of applications of a class of applications for a licence or permit under section 62 and, if he or she does so, every application of that class is terminated at the expiry of that date if a final decision has not been made in respect of that application.

• Marginal note:Fees returned

  (2) Any fees paid in respect of an application that is terminated under subsection (1) must be returned, without interest, to the person that paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

• Marginal note:No recourse or indemnity

  (3) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).

PART 4General Authorizations

Marginal note:Provincially authorized selling

• 69 (1) A person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3).

• Marginal note:Application

  (2) Subsection (1) applies only if the provincial Act and the legislative measures are in force.

• Marginal note:Legislative measures

  (3) For the purposes of subsection (1), the legislative measures in a provincial Act that authorizes the selling of cannabis are the following in respect of persons authorized to sell cannabis:

  • (a) they may sell only cannabis that has been produced by a person that is authorized under this Act to produce cannabis for commercial purposes;

  • (b) they may not sell cannabis to young persons;

  • (c) they are required to keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and

  • (d) they are required to take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.

Marginal note:Administration and enforcement activities — federal Acts

• 70 (1) Unless the regulations provide otherwise, every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of this Act or any other Act of Parliament is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.

• Marginal note:Administration and enforcement activities — provincial Acts

  (2) Every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of any provincial Act that authorizes the selling of cannabis is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.

Marginal note:Employees — this Act

• 71 (1) Unless the regulations provide otherwise, every employee of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.

• Marginal note:Agents and mandataries — this Act

  (2) Unless the regulations provide otherwise, every person who is acting as the agent or mandatary of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.

• Marginal note:Contractor — this Act

  (3) Unless the regulations provide otherwise, every person who is acting under a contract with a person that is authorized under this Act to possess, sell, distribute or produce cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

Marginal note:Employees — provincial Acts

• 72 (1) Every employee of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.

• Marginal note:Agents and mandataries — provincial Acts

  (2) Every person who is acting as the agent or mandatary of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.

• Marginal note:Contractor — provincial Acts

  (3) Every person who is acting under a contract with a person that is authorized under a provincial Act to sell cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by section 8, 9 or 10 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

PART 5Ministerial Orders

Marginal note:Provision of information

• 73 (1) The Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to provide the Minister with any information that the Minister considers necessary

  • (a) to address an issue of public health or public safety; or

  • (b) to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations.

• Marginal note:Contents

  (2) The order must include a statement of the reasons for the making of the order and specify the information to be provided and the time and manner in which it is to be provided.

Marginal note:Tests and studies

• 74 (1) For the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations or to address an issue of public health or public safety, the Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to

  • (a) conduct tests or studies on the cannabis to which their activities relate or that they are authorized to sell, as the case may be, in order to obtain the information that the Minister considers necessary; and

  • (b) provide the Minister with that information and the results of the tests or studies.

• Marginal note:Contents

  (2) The order must

  • (a) include a statement of the reasons for the making of the order;

  • (b) specify the tests or studies that are to be conducted;

  • (c) specify the information that is to be provided; and

  • (d) specify the time and manner in which

    • (i) the tests or studies are to be conducted, and

    • (ii) the information and the results of the tests or studies are to be provided.

Marginal note:Measures

• 75 (1) The Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to take any measures that the Minister considers necessary

  • (a) to address an issue of public health or public safety; or

  • (b) to prevent non-compliance with the provisions of this Act or of the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.

• Marginal note:Contents

  (2) The order must include a statement of the reasons for the making of the order and specify the measures to be taken and the time and manner in which they are to be taken.

Marginal note:Recall

• 76 (1) If the Minister believes on reasonable grounds that a recall of any cannabis or class of cannabis is necessary to protect public health or public safety, he or she may, by order, require a person that sells or distributes that cannabis or class of cannabis to recall it or send it — or cause it to be sent — to a place specified in the order, or to do both those things.

• Marginal note:Contents

  (2) The order must include a statement of the reasons for the making of the order and specify the time and manner in which the recall is to be carried out.

Marginal note:Recall or measures taken by Minister

77 If a person does not comply with an order made under section 75 or 76 or an order amended under section 79 within the time specified in the order, the Minister may, on his or her own initiative and at that person’s expense, carry out the measures required or the recall.

Marginal note:Review officers

78 The Minister may designate any qualified individuals or class of qualified individuals as review officers for the purpose of reviewing orders made under section 79.

Marginal note:Request for review

• 79 (1) Subject to any other provision of this section, an order that is made under any of sections 73 to 76 or amended under subsection (10) must be reviewed on the written request of the person to which the order was addressed — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who amended the order under subsection (10).

• Marginal note:Contents of and time for making request

  (2) The request must state the grounds for review and set out the evidence that supports those grounds and the decision that is sought. The request must be provided to the Minister within seven days after the day on which the order was provided.

• Marginal note:No authority to review

  (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

• Marginal note:Reasons for refusal

  (4) If the review is not done, the person that made the request must, without delay, be notified in writing of the reasons.

• Marginal note:Review initiated by review officer

  (5) A review officer — other than the individual who amended the order under subsection (10) — may review an order made under any of sections 73 to 76, whether or not a request is made under subsection (1).

• Marginal note:Order in effect

  (6) An order made under any of sections 73 to 76 continues to apply during a review unless the review officer decides otherwise.

• Marginal note:Completion of review

  (7) A review officer must complete the review no later than the 30th day after the day on which the request is provided to the Minister.

• Marginal note:Extension of period for review

  (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

• Marginal note:Reasons for extension

  (9) If the review period is extended, the person that made the request must, without delay, be notified in writing of the reasons for extending it.

• Marginal note:Decision on completion of review

  (10) On completion of a review, the review officer must confirm, amend, terminate or cancel the order.

• Marginal note:Written notice

  (11) The person that made the request or, if there is no request, the person to which the order was addressed must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

• Marginal note:Effect of amendment

  (12) An order that is amended is subject to review under this section.

Marginal note:Statutory Instruments Act

80 An order made under any of sections 73 to 76 is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

PART 6Cannabis Tracking System

Marginal note:Establishment and maintenance

81 The Minister may, using the information collected under section 82 and any other information to which the Minister has access, establish and maintain a national cannabis tracking system to

• (a) enable the tracking of cannabis;

• (b) prevent cannabis from being diverted to an illicit market or activity; and

• (c) prevent illicit cannabis from being a source of supply of cannabis in the legal market.

Marginal note:Order requiring information

• 82 (1) For the purpose of section 81, the Minister may, by order, require a class of persons that are authorized to import, export, produce, test, package, label, send, deliver, transport, sell, or dispose of cannabis to provide the Minister with information respecting their activities in relation to cannabis.

• Marginal note:Contents

  (2) The order must specify the information to be provided and the time within and the form and manner in which it is to be provided and may specify the following:

  • (a) the manner in which and the place where the records, reports, electronic data or other documents containing the information — and any information on which the information is based — are to be retained;

  • (b) the period for which the records, reports, electronic data or other documents referred to in paragraph (a) are to be retained, which must not be more than three years from the date the information is provided to the Minister; and

  • (c) the manner in which calculations, measurements and other data on which the information is based are to be documented.

• Marginal note:Restriction

  (3) An order under subsection (1) may not require the provision of any personal information, as defined in section 3 of the Privacy Act, in respect of a consumer that purchases cannabis at the retail level.

• Marginal note:Extension of time

  (4) The Minister may, by order, on written request from a person that is subject to an order made under subsection (1), extend the time within which the person must comply with the order made under subsection (1). If the order under this subsection is granted, the original time in the order made under subsection (1) is deemed to be replaced, in relation to that person, by the new time.

• Marginal note:Deeming

  (5) If an order is made under subsection (4) after a person has failed to provide information in the time provided for in the order made under subsection (1), the person is deemed not to have failed to provide the information within the required time.

• Marginal note:Statutory Instruments Act

  (6) An order made under subsection (4) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

Marginal note:Disclosure of information

83 The Minister may disclose any information contained in the national cannabis tracking system as follows:

• (a) he or she may disclose it to the government of a province or a public body established under a provincial Act if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of a provincial Act that contains the legislative measures referred to in subsection 69(3);

• (b) he or she may disclose it to any federal Minister if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of any Act of Parliament, other than this Act, that applies directly or indirectly to cannabis or any activity in relation to cannabis;

• (c) he or she may disclose it if he or she has reasonable grounds to believe that the disclosure is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity;

• (d) he or she may disclose it if the disclosure is necessary to enable Canada to fulfil its international obligations;

• (e) he or she may disclose it to any prescribed person; or

• (f) he or she may disclose it in the prescribed circumstances.