Cannabis Act (S.C. 2018, c. 16)

Marginal note:Application of claimants

• 99 (1) If any property is forfeited to Her Majesty under an order made under subsection 94(1) or 95(2), any person that claims an interest in or right to the property, other than any of the following persons, may, within 30 days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4):

  • (a) in the case of property forfeited under an order made under subsection 94(1), a person that was convicted or discharged under section 730 of the Criminal Code of the designated offence in relation to which the property was forfeited;

  • (b) in the case of property forfeited under an order made under subsection 95(2), a person that was charged with the designated offence in relation to which the property was forfeited; or

  • (c) a person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.

• Marginal note:Fixing day for hearing

  (2) The judge to whom the application is made must fix a day that is not less than 30 days after the date of the filing of the application for the hearing of the application.

• Marginal note:Notice

  (3) The applicant must serve a notice of the application and of the hearing of it on the Attorney General at least 15 days before the day fixed for the hearing.

• Marginal note:Order declaring interest or right not affected by forfeiture

  (4) The judge to whom the application is made may make an order declaring that the interest or right of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest or right if the judge is satisfied that the applicant

  • (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any designated offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence; and

  • (b) exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by

    • (i) the person that was permitted by the applicant to obtain possession of the property or from which the applicant obtained possession,

    • (ii) the mortgagor or hypothecary debtor, if the applicant is a mortgagee or hypothecary creditor,

    • (iii) the person that is subject to the charge, if the applicant is a chargee,

    • (iv) the person that is subject to the prior claim, if the applicant is the holder of a prior claim,

    • (v) the person that is subject to the lien, if the applicant is a lienholder, or

    • (vi) the giver of a security interest, if the applicant is the creditor in relation to the security interest.

• Marginal note:Appeal — subsection (4)

  (5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI of the Criminal Code with respect to procedure on appeals apply, with any necessary modifications, in respect of appeals under this subsection.

• Marginal note:Return of property

  (6) The Minister must, on application made to the Minister by any person in respect of which a judge has made an order under subsection (4), and if the periods with respect to the taking of appeals from that order have expired or any appeal from that order taken under subsection (5) has been determined, direct that

  • (a) the property, or the part of it to which the interest or right of the applicant relates, be returned to the applicant; or

  • (b) an amount equal to the value of the interest or right of the applicant, as declared in the order, be paid to the applicant.

Marginal note:Appeal — subsection 95(2)

100 Any person that, in their opinion, is aggrieved by an order made under subsection 95(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI of the Criminal Code, and that Part applies, with any necessary modifications, in respect of such an appeal.

Marginal note:Suspension of order pending appeal

101 Despite anything in this Act, the operation of an order made in respect of property under subsection 94(1), 95(2) or 99(4) is suspended pending

• (a) any application made in respect of the property under any of those provisions or any other provision of this Act or any other Act of Parliament that provides for restoration or forfeiture of the property; or

• (b) any appeal taken from an order of forfeiture or restoration in respect of the property.

The property must not be disposed of or otherwise dealt with until the expiry of the 30th day after the day an order is made under any of those provisions.

DIVISION 2Cannabis and Chemical Property

Marginal note:Return

• 102 (1) A peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis or chemical offence-related property in the course of the administration or enforcement of this Act or any other Act of Parliament — or that seizes, finds or otherwise acquires any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) in the course of the administration or enforcement of this Act — may return it to the person that is its owner or that is entitled to its possession if the peace officer, inspector or prescribed person is satisfied

  • (a) that there is no dispute as to who owns it or is entitled to its possession; and

  • (b) that its continued detention is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.

• Marginal note:Receipt

  (2) When the cannabis or property is returned, the peace officer, inspector or prescribed person must obtain a receipt for it.

• Marginal note:Report

  (3) In the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the peace officer making the seizure must make a report about the return to the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

Marginal note:Application for order to return

• 103 (1) If cannabis or chemical property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.

• Marginal note:Order to return

  (2) If, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or the property and the Attorney General does not indicate that it or any part of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice must, subject to subsection (5), order that it, or the part that is not required, as the case may be, be returned as soon as feasible to the applicant.

• Marginal note:Order to return at specified time

  (3) If, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or property but the Attorney General indicates that it or any part of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice must, subject to subsection (5), order that it, or the part that is required, as the case may be, be returned to the applicant

  • (a) on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to the cannabis or property has been commenced before that time; or

  • (b) on the final conclusion of the proceeding or any other proceeding in relation to the cannabis or property if the applicant is not found guilty in those proceedings of an offence committed in relation to it.

• Marginal note:Order of forfeiture

  (4) If, on the hearing of the application, a justice is not satisfied that the applicant is the owner or is entitled to possession of the cannabis or property, and it or a part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice must order that it, or the part that is not required, as the case may be, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

• Marginal note:Payment of compensation in lieu

  (5) If, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or property, but it was disposed of or otherwise dealt with under section 105, the justice must make an order that an amount equal to its value be paid to the applicant.

Marginal note:Forfeiture if no application

104 If no application for the return of the cannabis or the chemical property has been made under subsection 103(1) within 60 days after the date of its seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or any part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the cannabis or the property, or the part that is not required, as the case may be, is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Marginal note:Expedited disposition

105 If all or any part of any cannabis or chemical property whose storage or handling poses a risk to health or safety is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the Minister or a peace officer or prescribed person may dispose of or otherwise deal with it in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Marginal note:Destruction of plants

106 The Minister may, on prior notification being given to the Attorney General, cause to be destroyed any cannabis plant that is being produced contrary to the provisions of this Act or of the regulations.

Marginal note:Disposition following proceedings

107 Subject to section 103, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any cannabis or chemical property that is the subject of proceedings before the court is no longer required by that court or any other court, the court

• (a) must order that it be returned to

  • (i) the person from which it was seized if the court is satisfied that the person came into its possession lawfully and continued to deal with it lawfully, or

  • (ii) the person that is its owner or that is entitled to its possession, if that person is known and if the court is satisfied that its possession by the person from which it was seized was unlawful; and

• (b) may order that it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs, if

  • (i) the court is not satisfied that it should be returned under subparagraph (a)(i) or (ii), or

  • (ii) its possession by the person from which it was seized was unlawful and the person that is its owner or that is entitled to its possession is not known.

Marginal note:Disposal with consent

108 If cannabis or chemical property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, its owner may consent to its disposal and, if the consent is given, the cannabis or property, or the part that is not required, as the case may be, is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Marginal note:Disposition report

• 109 (1) Subject to the regulations, every peace officer, inspector or prescribed person that disposes of or otherwise deals with cannabis or chemical property under this Act must, within 30 days after doing so, cause a report to be sent to the Minister setting out

  • (a) a description of the cannabis or property;

  • (b) the amount of it that was disposed of or otherwise dealt with;

  • (c) the manner in which it was disposed of or otherwise dealt with;

  • (d) the date on which it was disposed of or otherwise dealt with;

  • (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

  • (f) the number of the file or police report related to its disposition or the other dealing with it; and

  • (g) any other prescribed information.

• Marginal note:Interpretation

  (2) For the purposes of subsection (1), otherwise dealing with cannabis or chemical property by a peace officer includes using it to conduct an investigation or for training purposes.

PART 10Administrative Monetary Penalties

Powers of Minister

Marginal note:Powers

110 The Minister may designate individuals, or classes of individuals, who are authorized to issue notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.

Violation

Marginal note:Commission

• 111 (1) Every person that contravenes a provision of this Act — except provisions of Division 1 of Part 1 — a provision of the regulations, or an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, commits a violation and is liable to a penalty of not more than $1,000,000 or, if the violation is classified by the regulations as a minor violation, a serious violation or a very serious violation, to a penalty of not more than the maximum amount fixed by the regulations in relation to that classification.

• Marginal note:Purpose of penalty

  (2) The purpose of a penalty is to promote compliance with this Act.

Proceedings

Marginal note:Issuance of notice of violation

• 112 (1) If an individual who is designated under section 110 believes on reasonable grounds that a person has committed a violation, the designated individual may issue, and must provide the person with, a notice of violation that

  • (a) sets out the person’s name;

  • (b) identifies the alleged violation;

  • (c) sets out the penalty for the violation that the person is liable to pay; and

  • (d) sets out the particulars concerning the time and manner of payment.

• Marginal note:Summary of rights

  (2) A notice of violation must summarize, in plain language, the rights and obligations of the named person under this section and sections 113 to 125, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.

• Marginal note:Penalty

  (3) The penalty for a violation is to be determined by taking into account

  • (a) the person’s history of compliance or non-compliance with the provisions of this Act or of the regulations;

  • (b) the nature and scope of the violation;

  • (c) whether the person made reasonable efforts to mitigate or reverse the effects of the violation;

  • (d) whether the person derived any competitive or economic benefit from the violation; and

  • (e) any other prescribed criteria.

Penalties

Marginal note:Payment

• 113 (1) If the person named in the notice of violation pays, in the time and manner specified in the notice, the amount of the penalty set out in the notice,

  • (a) they are deemed to have committed the violation in respect of which the amount is paid;

  • (b) the Minister must accept that amount as complete satisfaction of the penalty in respect of the violation; and

  • (c) the proceedings commenced in respect of the violation are ended.

• Marginal note:Alternatives

  (2) Instead of paying the amount of the penalty set out in the notice, the person named in the notice may, in the time and manner specified in the notice,

  • (a) if the amount of the penalty set out in the notice is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision or the order to which the violation relates; or

  • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or of the amount of the penalty.

• Marginal note:Deeming

  (3) If the person named in the notice does not pay the penalty set out in the notice in the time and manner specified in the notice and does not exercise any right referred to in subsection (2) in the specified time and manner, they are deemed to have committed the violation identified in the notice.