GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Act — C-24.5 75
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. 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.
Cannabis Act — C-24.5 76
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. 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.
Cannabis Act — C-24.5 77
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.
Cannabis Act — C-24.5 78
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 .
Cannabis Act — C-24.5 79
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). 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. 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. 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. 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). 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. 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. 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. 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. Decision on completion of review (10) On completion of a review, the review officer must confirm, amend, terminate or cancel the order. 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). Effect of amendment (12) An order that is amended is subject to review under this section.
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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 .
Cannabis Act — C-24.5 81
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.
Cannabis Act — C-24.5 82
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. 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. 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. 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. 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. 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 .
Cannabis Act — C-24.5 83
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.
Cannabis Act — C-24.5 84
Designation of inspectors 84 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation. Certificate of designation (2) Each inspector must be provided with a certificate of designation in a form established by the Minister and, when entering any place under subsection 86 (1), must, on request, produce the certificate to the person in charge of the place.
Cannabis Act — C-24.5 85
Provision of documents, information or samples 85 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, order a person that is authorized under this Act to conduct any activity in relation to cannabis to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Duty to provide (2) A person that is ordered by an inspector to provide a document, information or a sample must do so on the date, at the time and place and in the manner specified by the inspector.
Cannabis Act — C-24.5 87
Information for search warrant 87 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that any of the following is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for it and to seize it: (a) cannabis in respect of which this Act has been contravened; (b) anything in which cannabis in respect of which this Act has been contravened is contained or concealed; (c) offence-related property; or (d) anything that will afford evidence in respect of an offence under this Act or an offence, in whole or in part, in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code . Application of section 487.1 of the Criminal Code (2) For the purposes of subsection (1), the information may be submitted by telephone or other means of telecommunication in accordance with section 487.1 of the Criminal Code , with any necessary modifications. Execution of warrant (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. Duty of peace officer executing warrant (4) Section 487.093 of the Criminal Code , other than paragraph 487.093(1)(c), applies with respect to a warrant issued under subsection (1). Search of person and seizure (5) If a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any individual found in the place referred to in the warrant has on them any cannabis, property or thing referred to in the warrant, the peace officer may search the individual for it and seize it. Seizure of other things (6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to any cannabis, property or thing referred to in the warrant, (a) any cannabis in respect of which the peace officer believes on reasonable grounds that this Act has been contravened; (b) anything that the peace officer believes on reasonable grounds contains or conceals cannabis; (c) anything that the peace officer believes on reasonable grounds is offence-related property; or (d) anything that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act. Where warrant not necessary (7) A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one. Seizure of additional things (8) A peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to any cannabis, property or thing referred to in the warrant and in subsection (6), anything that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will afford evidence in respect of an offence. 2018, c. 16, s. 87 2019, c. 25, s. 400.1 2022, c. 17, s. 74
Cannabis Act — C-24.5 88
Assistance and use of force 88 For the purpose of exercising any of the powers described in section 87 , a peace officer may (a) enlist the assistance that the officer considers necessary; and (b) use as much force as is necessary in the circumstances.
Cannabis Act — C-24.5 89
Report of seizure, etc. 89 (1) Subject to the regulations, every peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis in the course of the administration or enforcement of this Act or any other Act of Parliament must, within 30 days after doing so, cause a report to be sent to the Minister setting out (a) a description of the cannabis; (b) the amount that was seized, found or otherwise acquired; (c) the place where it was seized, found or otherwise acquired; (d) the date on which it was seized, found or otherwise acquired; (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 the seizure, finding or acquisition; and (g) any other prescribed information. Copy to justice (2) 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 individual who caused the report to be sent to the Minister must also, within 30 days after the seizure, cause a copy of the report to be filed with 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.
Cannabis Act — C-24.5 90
Sections 489.1 and 490 of Criminal Code applicable 90 (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to anything seized under this Act. Sections 489.1 and 490 of Criminal Code applicable — non-chemical offence-related property (2) If a thing seized under this Act is non-chemical offence-related property, sections 489.1 and 490 of the Criminal Code apply, subject to subsections 86 (12) to (14) and sections 94 to 101 of this Act. Provisions of this Act and the regulations applicable (3) The provisions of this Act and of the regulations apply in respect of (a) any cannabis or chemical offence-related property that is seized under this Act or any other Act of Parliament or under a power of seizure at common law; and (b) any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized under this Act. Recognizance (4) If, under this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with the conditions, if any, that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
Cannabis Act — C-24.5 91
Application for restraint order 91 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any non-chemical offence-related property. Procedure (2) The application may be made ex parte and it must be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters: (a) the offence to which the property relates; (b) the person that is believed to be in possession of the property; and (c) a description of the property. Restraint order (3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of or otherwise dealing with any interest in or right to the property specified in the order, other than in the manner that is specified in the order. Property outside Canada (4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Conditions (5) The restraint order may be subject to any reasonable conditions that the judge thinks fit. Order in writing (6) The restraint order must be in writing. Service (7) A copy of the restraint order must be served on the person to which the order is addressed in the manner that the judge making it directs or in accordance with the rules of the court. Registration (8) A copy of the restraint order must be registered against any property in accordance with the laws of the province in which the property is situated. Order continues in force (9) The restraint order remains in effect until (a) an order is made under subsection 97 (3) or 98 (3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or (b) an order of forfeiture of the property is made under subsection 94 (1) or 95 (2) of this Act or section 490 of the Criminal Code . Offence (10) Any person on which a restraint order is served in accordance with this section and that, while the order is in force, fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
Cannabis Act — C-24.5 92
Sections 489.1 and 490 of Criminal Code applicable 92 (1) Subject to sections 94 to 101 of this Act, sections 489.1 and 490 of the Criminal Code apply, with any necessary modifications, to any property that is the subject-matter of a restraint order made under section 91 . Recognizance (2) If, under this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject-matter of a restraint order made under section 91 , the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with the conditions, if any, that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
Cannabis Act — C-24.5 94
Forfeiture order 94 (1) Subject to sections 96 to 98 , if a person is convicted or discharged under section 730 of the Criminal Code of a designated offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court must (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this paragraph. Property related to other offences (2) Subject to sections 96 to 98 , if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property. Property outside Canada (3) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Appeal (4) A person that has been convicted or discharged of a designated offence, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.
Cannabis Act — C-24.5 95
Application for in rem forfeiture 95 (1) If an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2). Order of forfeiture (2) Subject to sections 96 to 98 , the judge to whom the application is made must order the property to be forfeited and disposed of in accordance with subsection (4) (a) if the judge is satisfied beyond a reasonable doubt that any property is non-chemical offence-related property; (b) if the judge is satisfied that proceedings were commenced in respect of a designated offence to which the property referred to in paragraph (a) is related; and (c) if the judge is satisfied that the accused charged with the designated offence has died or absconded. Accused deemed absconded (3) For the purposes of subsection (2), an accused is deemed to have absconded in connection with a designated offence if (a) an information has been laid alleging the commission of the offence by the accused; (b) a warrant for the arrest of the accused has been issued in relation to that information; and (c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued. An accused who is deemed under this subsection to have absconded in connection with a designated offence is deemed to have done so on the last day of the six-month period referred to in paragraph (c). Who may dispose of forfeited property (4) For the purposes of subsection (2), the judge must (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this paragraph. Property outside Canada (5) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
Cannabis Act — C-24.5 96
Power to set aside transfers 96 A court may, before ordering that property be forfeited under subsection 94 (1) or 95 (2), set aside any transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the transfer was for valuable consideration to a person acting in good faith.