Cannabis Control Act, 2017

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Sections56

• [s0]

  Purposes, Interpretation and Application

• 1Purposes

  1 The purposes of this Act are, (a) to establish prohibitions relating to the sale, distribution, purchase, possession, cultivation, propagation and harvesting of cannabis in order to, (i) protect public health and safety, (ii) protect youth and restrict their access to cannabis, and (iii) ensure the sale of cannabis in accordance with the Ontario Cannabis Retail Corporation Act, 2017 and the Cannabis Licence Act, 2018; (b) to deter illicit activities in relation to cannabis through appropriate enforcement and sanctions; and (c) to provide for approved youth education or prevention programs, including culturally appropriate programs for Indigenous youth, as an alternative to enforcement and sanctions. 2018, c. 12, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 2 - 16/11/2018

• 2Definitions

  2 (1) In this Act, “approved youth education or prevention program” means a program approved under section 27; (“programme approuvé d’éducation ou de prévention pour jeunes”) “authorized cannabis retailer” means the Ontario Cannabis Retail Corporation or the holder of a retail store authorization under the Cannabis Licence Act, 2018 when acting in accordance with the authorization; (“détaillant de cannabis autorisé”) “boat” includes any ship or boat or any other description of a vessel used or designed to be used in the navigation of water; (“bateau”) “cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”) “distribute” includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute or having in possession for distribu…

• 3Interpretation, authorized retailer employees

  3 For the purposes of this Act and the regulations, (a) the sale or distribution of cannabis by an authorized cannabis retailer includes the sale or distribution of cannabis by an employee of the authorized cannabis retailer when the employee is acting in that capacity; and (b) the purchase of cannabis from an authorized cannabis retailer includes the purchase of cannabis from an employee of the authorized cannabis retailer when the employee is acting in that capacity. 2018, c. 12, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 4 - 16/11/2018

• 3 #4Interpretation, authorized retailer employees
• 4Repealed

  4 Repealed: 2018, c. 12, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 5 - 17/10/2018 General non-application, exemptions

• 5Cannabis for medical purposes

  5 (1) Subject to section 12, this Act and the regulations do not apply with respect to the sale, distribution, purchase or attempt to purchase, possession, consumption, offering to cultivate or cultivation, offering to propagate or propagation or offering to harvest or harvesting of cannabis for medical purposes in accordance with the Cannabis Regulations (Canada) or in accordance with a court order, or to cannabis produced or obtained for medical purposes in accordance with such authority. 2018, c. 12, Sched. 1, s. 6 (1). Cannabis for research and educational purposes (2) This Act does not prevent the distribution, possession or consumption of cannabis for research or educational purposes in the prescribed circumstances. Cannabis supply chain (3) This Act and the regulations do not apply, to the extent provided by the regulations, to prescribed activities relating to cannabis that are u…

• [s6]

  Prohibitions Respecting Cannabis Unlawful sale, distribution

• [s7]
• 6Sale

  6 (1) No person shall sell cannabis, other than an authorized cannabis retailer. 2018, c. 12, Sched. 1, s. 7 (1). Distribution (2) No person shall distribute cannabis that is sold, or that is intended to be sold, other than by an authorized cannabis retailer. 2018, c. 12, Sched. 1, s. 7 (2). Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 7 (1, 2) - 16/11/2018

• 7Prohibitions on sale, distribution to persons under 19

  7 (1) No person shall knowingly sell or distribute cannabis to a person under 19 years of age. 2017, c. 26, Sched. 1, s. 7 (1). Identification (2) No person shall sell cannabis or, if cannabis is not provided to the purchaser at the time of sale, no person shall distribute purchased cannabis, to a person who appears to be under 25 years of age unless the person selling or distributing the cannabis, as the case may be, has required the person receiving it to provide a prescribed form of identification showing his or her age, and is satisfied that the person is at least 19 years old. 2017, c. 26, Sched. 1, s. 7 (2); 2021, c. 34, Sched. 2, s. 13 (1). Defence (3) It is a defence to a charge under subsection (2) that the defendant believed the person receiving the cannabis to be at least 19 years of age because the person produced the identification referred to in that subsection and there wa…

• 8Prohibition on sale, distribution to intoxicated person

  8 No person shall knowingly sell or distribute cannabis to a person who is or appears to be intoxicated. 2017, c. 26, Sched. 1, s. 8; 2018, c. 12, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 8 - 17/10/2018

• 8.1False representation as authorized cannabis retailer

  8.1 No person other than an authorized cannabis retailer may use the cannabis retail seal prescribed for the purposes of subsection 7 (2) of the Cannabis Licence Act, 2018, or otherwise represent themselves to be an authorized cannabis retailer. 2018, c. 12, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 9 - 16/11/2018

• 8.2Advertising or promotion of unlawful sale of cannabis

  8.2 No person shall knowingly advertise or promote the sale of cannabis by a person or entity that is not authorized to produce, sell or distribute cannabis under this Act or the Cannabis Act (Canada). 2024, c. 27, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 27, Sched. 1, s. 1 - 04/12/2024

• 9Unlawful purchase

  9 No person shall purchase cannabis except from an authorized cannabis retailer. 2021, c. 34, Sched. 2, s. 13 (2). Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 10 (1, 2) - 16/11/2018 2019, c. 15, Sched. 4, s. 5 - 10/12/2019 2021, c. 34, Sched. 2, s. 13 (2) - 15/03/2022 Prohibitions on possession, etc., by persons under 19

• 9 #12Unlawful purchase
• 10Possession, consumption, purchase, distribution

  10 (1) No person under 19 years of age shall possess, consume, attempt to purchase, purchase or distribute cannabis. Cultivation, propagation, harvesting (2) No person under 19 years of age shall cultivate, propagate or harvest, or offer to cultivate, propagate or harvest, cannabis.

• 11Repealed

  11 Repealed: 2018, c. 12, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 11 - 17/10/2018

• [s15]
• 12Transporting cannabis

  12 (1) No person shall drive or have the care or control of a vehicle or boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat. Exception (2) Subsection (1) does not apply with respect to cannabis that, (a) is in its original packaging and has not been opened; or (b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle or boat. 2018, c. 12, Sched. 1, s. 12 (1). Search of vehicle or boat (3) A police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or boat in contravention of subsection (1) may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it. Application to cannabis for medical purposes (4) This section applies to cannabis obtained for medical purposes in accordance with Part 14 of the Cannabis R…

• [s16]
• 13Landlords

  13 (1) No person shall knowingly permit a premises of which he or she is a landlord to be used in relation to an activity prohibited by section 6. Defence (2) It is a defence to a charge under subsection (1) that the defendant took reasonable measures to prevent the activity. Definition (3) In this section, “landlord” means, in respect of a premises, a person who is a lessor, owner or person permitting the occupation of the premises, and includes an owner of a premises that has not been vacated by the tenant despite the expiry of the tenant’s lease or right of occupation.

• [s17]
• 13.1Child care settings

  13.1 (1) No person shall cultivate, propagate or harvest cannabis in a dwelling in which child care, as defined in the Child Care and Early Years Act, 2014, is provided. 2024, c. 2, Sched. 2, s. 1. Exception, in-home services (2) Subsection (1) does not apply to in-home services as defined in the Child Care and Early Years Act, 2014. 2024, c. 2, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 2, s. 1 - 01/01/2025

• [s18]

  Compliance and Enforcement

• 14Requirement to demonstrate exemption

  14 A person who attempts to rely on an exemption under this Act, or on the non-application of any provision of this Act or the regulations, shall, on the demand of a police officer, (a) provide to the police officer the document or other thing specified by the regulations to confirm the exemption or non-application; or (b) if no document or other thing is specified by the regulations with respect to the exemption, demonstrate to the police officer’s satisfaction the applicability of the exemption or non-application.

• 15Possession of proceeds

  15 (1) No person shall knowingly possess the proceeds of an offence under this Act. Definition, “proceeds” (2) In this section and in section 16, “proceeds”, in relation to an offence under this Act, means, (a) personal property, other than money, derived in whole or in part, directly or indirectly, from the commission of the offence, and (b) money derived directly or indirectly from the commission of the offence.

• 16Seizure

  16 (1) A police officer may seize any thing, including cannabis, if the police officer has reasonable grounds to believe that, (a) the thing will afford evidence of an offence under this Act; (b) the thing was used or is being used in connection with the commission of an offence under this Act, and unless the thing is seized it is likely that it would continue to be used or would be used again in the commission of an offence under this Act; or (c) the thing is proceeds of an offence under this Act. Same (2) If an offence appears to have been committed under this Act and a police officer has reasonable grounds to believe, in view of the offence apparently committed and the presence of cannabis, that a further offence is likely to be committed, the police officer may seize the cannabis and any packages in which it is kept. Order of restoration (3) The Ontario Court of Justice may, on the a…

• 17Removing persons from premises

  17 (1) If a police officer has reasonable grounds to believe that this Act or a prescribed provision of the regulations is being contravened on any premises, the police officer may require that one or more persons vacate the premises. Not to remain after being required to leave (2) No person shall, (a) remain on the premises after being required to vacate the premises under subsection (1); or (b) re-enter the premises on the same day the person is required to vacate, unless a police officer authorizes the person to re-enter. Persons residing in premises (3) Subsection (1) does not apply in respect of persons residing in the premises.

• 18Interim closure of premises

  18 (1) If a charge is laid against a person for a contravention of any of the following provisions, and a police officer has reasonable grounds to believe that a premises was used in the alleged contravention, the police officer may cause the premises to be closed immediately and any persons on the premises to be removed: 1. Section 6. 2. Paragraph 10 (1) (a) or (c) of the Cannabis Act (Canada). 3. Subsection 10 (2) of the Cannabis Act (Canada), in relation to the selling of cannabis contrary to paragraph 10 (1) (a) or (c) of that Act. 2018, c. 12, Sched. 1, s. 13 (1). Same (2) If a charge is laid against a person for a contravention of section 13, a police officer may cause the premises that is the subject of the alleged contravention to be closed immediately and that any persons on the premises be removed. Barring of entry (3) If a premises is closed under subsection (1) or (2), a poli…

• [s24]
• 19Arrest without warrant

  19 If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or the police officer has reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.

• [s25]
• 20Youth education, prevention program referrals

  20 (1) A police officer who has reasonable grounds to believe that a person who is under 19 years of age has contravened section 10 may refer the person to an approved youth education or prevention program instead of commencing a proceeding under the Provincial Offences Act. 2017, c. 26, Sched. 1, s. 20 (1); 2019, c. 15, Sched. 3, s. 1. Same (2) A prosecutor may, in exercising a power to stay a proceeding under subsection 32 (1) of the Provincial Offences Act or a right to withdraw a charge, refer a person who is charged with a contravention of section 10 of this Act to an approved youth education or prevention program. 2017, c. 26, Sched. 1, s. 20 (2).

• [s26]
• 21Powers of a police officer exercised by others

  21 (1) A power that may be exercised under this Act by a police officer, other than a power set out in section 19, may also be exercised by any other person or class of persons designated in writing by the Minister for the purposes of this section. 2018, c. 12, Sched. 1, s. 14. Same (2) A designation under subsection (1) is subject to such restrictions as may be specified in the designation, including restrictions respecting the powers that may be exercised or the offences under this Act in respect of which powers may be exercised. 2018, c. 12, Sched. 1, s. 14. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 14 - 17/10/2018 2019, c. 15, Sched. 3, s. 1 - 10/12/2019

• [s27]
• 21.1Obstruction

  21.1 No person shall hinder, obstruct or interfere with, or attempt to hinder, obstruct or interfere with, a police officer or person designated for the purposes of section 21 who is acting under this Act. 2019, c. 9, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 1, s. 2 - 06/06/2019

• [s28]

  Offences and Penalties and Other Related Orders

• [s29]
• 22Offences

  22 (1) A person who contravenes any provision of this Act or the regulations, or any order made under this Act, is guilty of an offence. Same, directors or officers (2) A director or officer of a corporation who causes, authorizes, permits or participates in an offence under this Act by the corporation is guilty of an offence. Limitation (3) No proceeding under this section shall be commenced more than two years after the day the offence was, or is alleged to have been, committed. Penalties

• 23General

  23 (1) Subject to subsections (2) to (9), on conviction for an offence under this Act, (a) a corporation is liable to a fine of not more than $250,000; and (b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both. 2017, c. 26, Sched. 1, s. 23 (1); 2024, c. 2, Sched. 2, s. 2 (1). Penalties: sale, distribution; unlawful advertising; landlords (2) An individual who is convicted for contravening section 6, 8.2 or 13 is liable, (a) on a first conviction in respect of the section, to a fine of at least $10,000 and not more than $250,000 or to imprisonment for a term of not more than two years less a day, or both; and (b) on a subsequent conviction in respect of the section, to a fine of at least $5,000 and not more than $100,000 for each day or part of a day on which the offence occurs or continues or to imprisonment for a…

• [s31]
• 24Additional orders

  24 In addition to any other remedy or penalty provided by law, the court that convicts a person under this Act may, on its own initiative or on the motion of the prosecutor, make one or more of the following orders: 1. An order requiring the person, within the period or periods specified in the order, to do or refrain from doing anything specified in the order. 2. An order imposing requirements that the court considers appropriate to prevent similar unlawful conduct or to contribute to the person’s rehabilitation. 3. An order prohibiting the continuation or repetition of the offence by the person. 4. An order under section 25. 2017, c. 26, Sched. 1, s. 24; 2019, c. 9, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 1, s. 4 - 06/06/2019

• [s32]
• 25Order to close premises

  25 (1) The court that convicts a person under this Act may order that a premises be closed to any use for a period not exceeding two years if, (a) the person was convicted for contravening section 6, and the premises was used in the contravention; or (b) the person was convicted for contravening section 13 in relation to the premises. Barring of entry (2) If a closing order is made under subsection (1), a police officer shall bar entry to all entrances to the premises to which the order applies until the order is suspended or discharged under this section. 2017, c. 26, Sched. 1, s. 25 (2); 2018, c. 12, Sched. 1, s. 16. No entry (2.1) No person shall enter or attempt to enter a premises that is closed under subsection (1) until the closing order is suspended or discharged under this section. 2019, c. 9, Sched. 1, s. 5 (1). Exception (2.2) Subsections (2) and (2.1) do not apply with respec…

• [s33]
• 25.1Court may make inferences

  25.1 A court may, in the absence of evidence to the contrary, infer that any substance in question is cannabis from the fact that a witness describes it as cannabis or by a name that is commonly applied to cannabis. 2018, c. 12, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 17 - 17/10/2018

• [s34]

  Miscellaneous

• 26Agreement with council of the band

  26 (1) Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve. 2017, c. 26, Sched. 1, s. 26 (1). Same, requirement for agreement with other ministers (2) If an arrangement or agreement referred to in subsection (1) relates, in whole or in part, to the sale of cannabis, the Minister may only enter into the arrangement or agreement jointly with, (a) the Minister responsible for the administration of the Ontario Cannabis Retail Corporation Act, 2017; (b) the Minister of Finance, if the Minister referred to in clause (a) is not the Minister of Finance; and (c) the Minister responsible for the administration of the Canna…

• 27Approval

  27 (1) The Minister may approve education or prevention programs pertaining to the use of cannabis or drugs, health and wellbeing, or any other matter the Minister considers appropriate, for the purposes of section 20 and subsection 23 (7). Publication (2) The Minister shall maintain a list of the programs approved under subsection (1) on a publicly accessible Government of Ontario website.

• 27.1Delegation by Minister

  27.1 The Minister may delegate in writing any of his or her powers under this Act, other than a power under section 26, to a public servant employed under Part III of the Public Service of Ontario Act, 2006, subject to any conditions or restrictions that may be set out in the delegation. 2018, c. 12, Sched. 1, s. 19. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 1, s. 19 - 17/10/2018

• 28Regulations

  28 The Lieutenant Governor in Council may make regulations, (a) respecting anything that, in this Act, may or must be prescribed or done by regulation; (b) prohibiting or restricting the sale, distribution, purchase or attempt to purchase, possession, consumption, offer to cultivate or cultivation, offer to propagate or propagation or offer to harvest or harvesting of cannabis; (c) providing for how elements of an offence under this Act may be proved in a prosecution, including providing for presumptions that apply or inferences that may be made in the absence of evidence to the contrary; (d) governing the distribution, possession or consumption of cannabis for research or educational purposes under subsection 5 (2), including prescribing circumstances in which the distribution, possession or consumption of cannabis is permitted for those purposes; (e) governing such transitional matters…

• 29-32

  29-32 Omitted (amends, repeals or revokes other legislation).

• 33

  33 Omitted (provides for coming into force of provisions of this Act).

• 34

  34 Omitted (enacts short title of this Act). ______________