GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Act — C-24.5 97
Notice 97 (1) Before making an order under subsection 94 (1) or 95 (2) in relation to any property, a court must require a notice in accordance with subsection (2) to be given to, and may hear, any person that, in the opinion of the court, appears to have a valid interest in or right to the property. Manner of giving notice (2) The notice must (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in or right to the property; and (c) set out the designated offence charged and a description of the property. Order of restoration (3) If a court is satisfied that any person, other than one referred to in paragraph (a) or (b), is the owner of, or is entitled to possession of, any property or any part of any property that would otherwise be forfeited under an order made under subsection 94 (1) or 95 (2) and that the person appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, the court may order that the property or part be returned to that person: (a) a person that was charged with a designated offence; or (b) a person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property.
Cannabis Act — C-24.5 98
Notice 98 (1) If all or part of the property that would otherwise be forfeited under subsection 94 (1) or 95 (2) is a dwelling-house, before making an order of forfeiture, a court must require notice in accordance with subsection (2) to be given to, and may hear, any individual who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted or discharged under section 730 of the Criminal Code of the indictable offence under this Act in relation to which the property would be forfeited. Manner of giving notice (2) The notice must (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and (c) set out the offence charged and a description of the property. Non-forfeiture of real property or immovables (3) Subject to an order made under subsection 97 (3), if a court is satisfied that the impact of an order of forfeiture made under subsection 94 (1) or 95 (2) in respect of real property or immovables would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted or discharged under section 730 of the Criminal Code of the offence, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part. Factors in relation to dwelling-house (4) If all or part of the property that would otherwise be forfeited under subsection 94 (1) or 95 (2) is a dwelling-house, when making a decision under subsection (3), the court must also consider (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the family member’s principal residence at the time the charge was laid and continues to be the family member’s principal residence; and (b) whether the family member appears innocent of any complicity in the offence or of any collusion in relation to the offence.
Cannabis Act — C-24.5 100
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.
Cannabis Act — C-24.5 101
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.
Cannabis Act — C-24.5 102
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. Receipt (2) When the cannabis or property is returned, the peace officer, inspector or prescribed person must obtain a receipt for it. 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.
Cannabis Act — C-24.5 103
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. 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. 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. 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. 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.
Cannabis Act — C-24.5 104
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.
Cannabis Act — C-24.5 105
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.
Cannabis Act — C-24.5 106
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.
Cannabis Act — C-24.5 107
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.
Cannabis Act — C-24.5 108
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.
Cannabis Act — C-24.5 109
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. 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.
Cannabis Act — C-24.5 110
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.
Cannabis Act — C-24.5 111
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. Purpose of penalty (2) The purpose of a penalty is to promote compliance with this Act.
Cannabis Act — C-24.5 112
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. 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. 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.
Cannabis Act — C-24.5 113
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. 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. 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.
Cannabis Act — C-24.5 114
Entering into compliance agreements 114 (1) After considering a request made under paragraph 113 (2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions may (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) A person that enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) If the Minister is satisfied that a person that has entered into a compliance agreement has complied with it, the Minister must cause a notice to that effect to be provided to the person, at which time (a) the proceedings commenced in respect of the violation are ended; and (b) any security given by the person under the compliance agreement must be returned to the person. Notice of default (4) If the Minister is of the opinion that a person that has entered into a compliance agreement has not complied with it, the Minister must cause a notice of default to be provided to the person to the effect that (a) instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the time and manner specified in the notice of violation, twice the amount of that penalty, and, for greater certainty, subsections 111 (1) and 139 (4) do not apply in respect of that amount; or (b) the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada. Effect of notice of default (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and (a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; or (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (6) If a person pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the Minister must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.
Cannabis Act — C-24.5 115
Refusal to enter into compliance agreement 115 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 113 (2)(a), the person that made the request is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation. Effect of payment (2) If a person pays the amount referred to in subsection (1), (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Deeming (3) If a person does not pay the amount referred to in subsection (1) in the specified time and manner, they are deemed to have committed the violation identified in the notice of violation.
Cannabis Act — C-24.5 116
Review — with respect to facts 116 (1) On completion of a review requested under paragraph 113 (2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister must determine whether the person that requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and of the regulations, the Minister must correct the amount. Violation not committed — effect (2) If the Minister determines under subsection (1) that the person that requested the review did not commit the violation, the proceedings commenced in respect of it are ended. Review — with respect to penalty (3) On completion of a review requested under paragraph 113 (2)(b) with respect to the amount of the penalty, the Minister must determine whether the amount of the penalty was established in accordance with the provisions of this Act and of the regulations and, if not, the Minister must correct the amount. Notice of decision (4) The Minister must cause a notice of any decision made under subsection (1) or (3) to be provided to the person that requested the review. Payment (5) The person that requested the review is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3). Effect of payment (6) If a person pays the amount referred to in subsection (5), the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended. Written evidence and submissions (7) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and of the regulations.
Cannabis Act — C-24.5 117
Debts to Her Majesty 117 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is provided; (b) every amount set out in a compliance agreement entered into with the Minister under subsection 114 (1), from the time the compliance agreement is entered into; (c) the amount set out in a notice of default referred to in subsection 114 (4), from the time the notice is provided; and (d) the amount of a penalty as set out in a decision of the Minister made under subsection 116 (1) or (3), from the time the notice of that decision is provided. Limitation period (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable. Debt final (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 113 to 116 .