Cannabis Act

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.
The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.
The Act
(a) establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;
(b) enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;
(c) authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;
(d) prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;
(e) provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;
(f) includes mechanisms to deal with seized cannabis and other property;
(g) authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;
(h) permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;
(i) authorizes the Minister to fix, by order, fees related to the administration of the Act; and
(j) authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.
This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.
In addition, it repeals Part XII.‍1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.
It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.
Finally, it makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2018 Passed Motion respecting Senate amendments to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Passed 3rd reading and adoption of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (recommittal to a committee)
Nov. 21, 2017 Passed Concurrence at report stage of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Passed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Failed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (reasoned amendment)
June 6, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Cannabis ActGovernment Orders

June 7th, 2017 / 7:45 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, this is why I take this issue extremely seriously. I have witnessed job after job disappear in manufacturing and on value-added jobs, and I have witnessed those opportunities lost to Canadians through no fault of their own. There are cases where we have to continually help individuals because the officers change or the department changes or the way the Trump administration decides interpretation changes at the border. Most recently, Trump's immigration ban became a problem for a number of people who would otherwise go to the United States for hospital procedures because the Ontario government cannot perform them in our area and they cannot send them to London because it is life and death, or childbirth issues, or whatever. Therefore, on any given whim those can be made discretionary by the U.S. border patrol agency.

We see honest, law-abiding citizens who have a criminal charge against them on this one thing only, not even distribution but possession of a nominal amount when they were with their friends, at a party, in a vehicle, or wherever it might be, a long time ago, and they suffer continual problems henceforth. They feel the bitter irony of a place like Ottawa where the elite get away with doing what they have paid for.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:50 p.m.


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The Assistant Deputy Speaker Anthony Rota

Resuming debate, the hon. member for Edmonton Centre. I will point out to the member that we will be stopping in about five minutes for the vote.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:50 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Speaker, it is an honour to speak to Bill C-45. As several of my colleagues have already noted, the current approach to cannabis is not working. It has allowed criminals and organized crime to profit while failing to keep cannabis out of the hands of Canadian youth. In many cases, it is easier for our kids to buy cannabis than cigarettes, and the evidence shows that Canadians are using cannabis in greater numbers. In doing so, they engage with criminals and take on the added health risks associated with consuming an unregulated product. In addition, they put themselves at risk of a criminal conviction and of the lifelong consequences of a criminal record for possessing even small amounts of the substance.

Forcing a total prohibition on cannabis occupies the valuable time of the police and criminal justice system and diverts resources for more important priorities without any appreciable public health benefit. An unintended consequence of our current prohibition approach to cannabis is that it criminalizes our children. I am certain that the intention of the 1922 legislation was not to criminalize children in future generations. Getting caught with cannabis and being charged opens the door to the criminal justice system, and for many, stepping through this door is a one-way journey, especially for vulnerable and marginalized communities, and has lifelong consequences.

It is important to pose this question to members in the House. Is it the position of the Conservative opposition that Canadian adults between 18 and 25 lack the maturity and intelligence to make informed choices about their own health? They can get married, get a mortgage, build a career, start families, yet the Conservatives think that these Canadians cannot make informed choices about their own health.

I would say that we need to look at some parallels in the past. When I was growing up in the 1970s, Canadians had two choices if they wanted to gamble. The first choice was to go to Las Vegas. The second choice was to stay here and participate in illegal gambling dens. If we looked around the country, there were active anti-gang units within police forces. Why? It was because they were responsible for curbing the illegal behaviour of Canadians.

One of the great things about Canada is that our country has enshrined the rule of law, and what is important is that Canadians respect the rule of law. The laws that we pass in the chamber matter. When Canadians have a safer, legal, more socially accepted option, they choose it.

What happened in the 1970s? Governments made policy changes. They legalized and regulated legal gambling. What happened is that Canadians quickly changed their behaviour. They stopped going to the illegal gambling dens and started participating in regulated legal gambling. That changed the stranglehold that the criminal-controlled element of gambling had on that sector. Governments competed, governments drew down the price, people voted with their feet, and the criminal gangs could no longer compete with the governments. Then the criminal gangs left the sector, but more importantly, Canadians who have addictions to gambling can now get the supports they need, paid for in part by the revenues that this legal, regulated gambling now generates.

It would be hard to find any police force in this country today that contributes any significant resources to curbing illegal gambling. Why? It is because policies changed and governments regulated a former illegal activity. The parallels to what is happening right now with the resources police forces must use to curb illegal drug use and possession are stark.

The work our government is trying to do is to strictly regulate and legalize cannabis in small amounts of 30 grams to make sure that our children are protected. At the same time, we are boosting the criminal penalties for illegal possession, illegal distribution, and illegal trafficking of this substance. Not only are we going to have faith in Canadian adults to make choices about their own health, not only are we going to work with provinces and territories to strictly regulate the production and distribution of this substance, but we are going to make sure that protections are there for our children, because that is what we promised to do and that is exactly what this government will deliver.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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The Assistant Deputy Speaker Anthony Rota

It being 7:55 p.m., pursuant to order made on Tuesday, June 6, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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Some hon. members

Agreed.

No.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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The Assistant Deputy Speaker Anthony Rota

All those in favour of the amendment will please say yea.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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Some hon. members

Yea.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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The Assistant Deputy Speaker Anthony Rota

All those opposed will please say nay.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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Some hon. members

Nay.

Cannabis ActGovernment Orders

June 7th, 2017 / 7:55 p.m.


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The Assistant Deputy Speaker Anthony Rota

In my opinion the nays have it.

And five or more members having risen:

Pursuant to order made on Tuesday, May 30, the division stands deferred until Thursday, June 8, at the expiry of the time provided for oral questions.

The House resumed from June 7 consideration of the motion that Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts, be read the second time and referred to a committee, and of the amendment.

Cannabis ActGovernment Orders

June 8th, 2017 / 3:05 p.m.


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The Speaker Geoff Regan

It being 3:05 p.m., pursuant to order made May 30, the House will now proceed to the taking of the deferred recorded division on the amendment of the member for Niagara Falls to the motion for second reading of Bill C-45.

Call in the members.

(The House divided on the amendment, which was negatived on the following division:)

Vote #311

Cannabis ActGovernment Orders

June 8th, 2017 / 3:10 p.m.


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The Speaker Geoff Regan

I declare the amendment defeated.

The next question is on the main motion.

Is it the pleasure of the House to adopt the motion?

Cannabis ActGovernment Orders

June 8th, 2017 / 3:10 p.m.


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Some hon. members

Agreed.

No.