GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Act — C-24.5 118
Certificate of default 118 (1) Any debt referred to in subsection 117 (1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) must be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.
Cannabis Act — C-24.5 119
Certain defences not available 119 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Cannabis Act — C-24.5 120
Burden of proof 120 In every case when the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.
Cannabis Act — C-24.5 121
Violation by corporate officers, etc. 121 If a person other than an individual commits a violation, 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 violation is a party to and liable for the violation whether or not the person that actually committed the violation is proceeded against under this Act.
Cannabis Act — C-24.5 122
Employees or agents or mandataries 122 A person is liable for a violation that is committed by any employee or agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.
Cannabis Act — C-24.5 123
Continuing violation 123 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
Cannabis Act — C-24.5 124
Evidence 124 In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.
Cannabis Act — C-24.5 125
Limitation period 125 No proceedings in respect of a violation may be commenced after the expiry of six months after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.
Cannabis Act — C-24.5 126
How act or omission may be proceeded with 126 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Cannabis Act — C-24.5 127
Certification by Minister 127 A document purporting to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.
Cannabis Act — C-24.5 128
Personal information 128 The Minister may, without the consent of the person to whom the personal information relates and without notifying that person, disclose any personal information , as defined in section 3 of the Privacy Act , that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.
Cannabis Act — C-24.5 129
Confidential business information 129 (1) The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person, disclose any confidential business information that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety. Definition of confidential business information (2) In subsection (1), confidential business information in respect of a person to whose business or affairs the information relates, means business information (a) that is not publicly available; (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors.
Cannabis Act — C-24.5 130
Designation of analysts 130 For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as analysts.
Cannabis Act — C-24.5 131
Analysis 131 (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of any substance taken by the officer, the inspector or the prescribed person. Certificate or report (2) An analyst who has made an analysis or examination of a substance or sample submitted under subsection (1) may prepare a certificate or report stating that they have analyzed or examined it and setting out the results of their analysis or examination.
Cannabis Act — C-24.5 132
Trademarks 132 (1) Despite the Trademarks Act , the registration of a trademark is not to be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act. For greater certainty (2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act .
Cannabis Act — C-24.5 133
Copies of documents 133 (1) A copy of any document filed with a department, ministry, agency, municipality or other body established by or under a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 50 (1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the individual purporting to have certified it. Authentication (2) For the purposes of subsection (1), an electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection. Evidence inadmissible under this section (3) Nothing in subsection (1) renders admissible in evidence any part of any record that is proved to be a record made in the course of an investigation or inquiry.
Cannabis Act — C-24.5 134
Certificate issued under regulations 134 (1) Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 139 (6)(c) or (7)(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the individual purporting to have certified it. Affidavit or examination (2) The defence may, with leave of the court, require that the individual who issued the certificate or other document (a) produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or (b) appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.
Cannabis Act — C-24.5 135
Certificate of analyst 135 (1) A certificate or report prepared by an analyst under subsection 131 (2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the individual purporting to have signed it. Attendance of analyst (2) The party against whom a certificate or report is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.
Cannabis Act — C-24.5 136
Proof of notice 136 (1) For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the testimony of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document. Proof of notice (2) The court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.
Cannabis Act — C-24.5 137
Continuity of possession 137 (1) In any proceeding under this Act, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or by the affidavit or solemn declaration of, the person claiming to have had it in their possession. Alternative method of proof (2) If an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.
Cannabis Act — C-24.5 138
Copies of records, reports, etc. 138 If any record, report, electronic data or other document is examined or seized under this Act, the Minister, or the officer who examined or seized it, may make or cause to be made one or more copies of it, and a copy of it that purports to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, report, electronic data or other document would have had if it had been proved in the ordinary way.
Cannabis Act — C-24.5 139
r persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act; (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations; (d) respecting the detention, storage and disposition of or other dealing with cannabis; (e) respecting records, reports, electronic data or other documents in respect of cannabis that are required to be prepared, retained or provided by any person or class of persons; and (f) prescribing forms for the purposes of the regulations. Incorporation by reference — limitation removed (8) The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under paragraphs (1)(d) to (g), (j) to (l), (o), (q) and (z). 2018, c. 16, s. 139 2026, c. 4, s. 23
Cannabis Act — C-24.5 140
Exemption by Minister — persons 140 (1) The Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any person, or any cannabis or any class of cannabis in relation to a person, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest. For greater certainty (1.1) For greater certainty, the Minister may, by order, amend or revoke an order made under subsection (1) or suspend its application in whole or in part. Exemption by Minister — class of persons (2) The Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any class of persons, or any cannabis or any class of cannabis in relation to any class of persons, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest. Suspension (2.1) The Minister may, by order, suspend, in whole or in part, the application of an order made under subsection (2).
Cannabis Act — C-24.5 141
Statutory Instruments Act 141 An order made under subsection 140(1) or (1.1) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act .
Cannabis Act — C-24.5 142
Fees 142 (1) The Minister may, by order, fix the following fees in relation to cannabis: (a) fees to be paid for a service, or the use of a facility, provided under this Act; (b) fees to be paid in respect of approvals, authorizations, exemptions or regulatory processes provided under this Act; and (c) fees to be paid in respect of products, rights and privileges that are provided under this Act, including those provided in relation to the cannabis tracking system established under section 81 . Amount not to exceed cost (2) A fee fixed under paragraph (1)(a) must not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility. Aggregate amount not to exceed cost (3) Fees fixed under paragraph (1)(b) must not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes, approvals, authorizations or exemptions.
Cannabis Act — C-24.5 143
Consultation 143 Before making an order under subsection 142 (1), the Minister must consult with any persons that the Minister considers to be interested in the matter.
Cannabis Act — C-24.5 144
Remission of fees 144 (1) The Minister may, by order, remit all or part of any fee fixed under subsection 142 (1) or the interest on it. Remission may be conditional (2) A remission granted under subsection (1) may be conditional. Conditional remission (3) If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.
Cannabis Act — C-24.5 145
Non-payment of fees 145 The Minister may, by notice in writing and for a period that he or she specifies, withdraw or withhold a service, the use of a facility, a regulatory process, approval, authorization, exemption, product, right or privilege under this Act from any person who fails to pay the fee for it fixed under subsection 142 (1).
Cannabis Act — C-24.5 146
Adjustment of amounts 146 (1) An order made under subsection 142 (1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order. Notice of adjusted amount (2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.
Cannabis Act — C-24.5 147
Service Fees Act 147 The Service Fees Act does not apply to a fee fixed under subsection 142(1). 2018, c. 16, ss. 147, 192
Cannabis Act — C-24.5 148
Debts to Her Majesty 148 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including (a) the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or return of anything; and (b) the measures or the recall carried out under section 77 . Limitation period (2) No proceeding 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.
Cannabis Act — C-24.5 149
Certificate of default 149 (1) Any debt that may be recovered under subsection 148 (1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) A certificate made under subsection (1) that is registered in the Federal Court has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with its registration.
Cannabis Act — C-24.5 150
Advice of experts 150 The Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the approval of the Treasury Board, fix their remuneration.
Cannabis Act — C-24.5 151
Schedules 1 and 2 151 (1) The Governor in Council may, by order, amend Schedule 1 or 2 by adding or by deleting from it any item or portion of an item. Schedule 3 (2) The Governor in Council may, by order, amend Schedule 3 by adding or deleting, in column 1, the name of a class of cannabis or by adding or deleting, in column 2, in relation to a class of cannabis in column 1, a quantity that is equivalent to 1 g of dried cannabis. Schedule 4 (3) The Governor in Council may, by order, amend Schedule 4 by adding or deleting the name of any class of cannabis. Schedule 5 (4) The Minister may, by order, amend Schedule 5 by adding or deleting, in column 1, the name of any substance or by adding or deleting, in column 2, the name of any class of cannabis in respect of any substance referred to in column 1.
Cannabis Act — C-24.5 151.1
Review of Act 151.1 (1) Three years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a dwelling-house. Report to Parliament (2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.
Cannabis Act — C-24.5 152
Definition of commencement day 152 In sections 154 to 160 , commencement day means the day on which subsection 204 (1) comes into force.
Cannabis Act — C-24.5 153
Decisions 153 Subject to regulations made under subsection 161 (1), every decision made by the Minister under the Controlled Drugs and Substances Act that relates to cannabis is deemed to be a decision made by the Minister under this Act.
Cannabis Act — C-24.5 154
Inspectors 154 Subject to regulations made under subsection 161 (1), every individual who is an inspector , as defined in subsection 2(1) of the Controlled Drugs and Substances Act , immediately before the commencement day is deemed to also be an individual who has been designated as an inspector under section 84 of this Act.
Cannabis Act — C-24.5 155
Analysts 155 Subject to regulations made under subsection 161 (1), every individual who is an analyst , as defined in subsection 2(1) of the Controlled Drugs and Substances Act , immediately before the commencement day is deemed to also be an individual who has been designated as an analyst under section 130 of this Act.
Cannabis Act — C-24.5 156
Exemptions — Controlled Drugs and Substances Act 156 (1) Subject to regulations made under subsection 161 (1), the following apply in respect of every exemption granted under section 56 of the Controlled Drugs and Substances Act that is in force immediately before the commencement day: (a) if the exemption applies solely in respect of cannabis, and it applies to a person, it is deemed to have been granted under subsection 140 (1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; (b) if the exemption applies solely in respect of cannabis, and it applies to a class of persons, it is deemed to have been granted under subsection 140 (2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; (c) if the exemption applies, directly or indirectly, to cannabis and to a controlled substance , as defined in subsection 2(1) of that Act, and it applies to a person, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140 (1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and (d) if the exemption applies, directly or indirectly, to cannabis and to a controlled substance as defined in subsection 2(1) of that Act, and it applies to a class of persons, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140 (2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date. Deeming — provisions of Act (2) Subject to regulations made under subsection 161 (1), a reference in a continued exemption to a provision of the Controlled Drugs and Substances Act that is referred to in column 1 of Schedule 6 is deemed to be a reference to the provision of this Act that is referred to in column 2. Deeming — provisions of regulations (3) A reference in a continued exemption to a provision of a regulation made under the Controlled Drugs and Substances Act is deemed to be a reference to the equivalent provision of this Act or of any regulation made under this Act that is specified under regulations made under subsection (4). Regulations (4) The Governor in Council may, for the purposes of subsection (3), make regulations specifying that provisions of this Act or of regulations made under this Act are equivalent to provisions of regulations made under the Controlled Drugs and Substances Act that are referred to in continued exemptions.
Cannabis Act — C-24.5 157
Records, reports, etc. 157 Subject to regulations made under subsection 161 (1), all records, reports, electronic data or other documents that directly or indirectly relate to cannabis and that were retained by a person immediately before the commencement day by reason of regulations made under the Controlled Drugs and Substances Act are deemed to be required to be retained under regulations made under paragraph 139 (1)(q) of this Act.