Bill 16 - Cannabis Control Act

BILL 16

Cannabis Control Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PURPOSES, DEFINITIONS AND APPLICATION

Purposes of Act

1 The purposes of this Act are:

(a) to protect the health and safety of residents of the Province, including those of vulnerable populations, and to enhance public awareness of the adverse health effects of cannabis by restricting access to cannabis and limiting inducements to consume cannabis;

(b) to ensure that retail outlets for the sale of cannabis are secure and responsible; and

Definitions

2 The following definitions apply in this Act.

“cannabis” means cannabis as defined in the Cannabis Act (Canada). (cannabis)

“cannabis accessory” means cannabis accessory as defined in the Cannabis Act (Canada). (accessoire)

“Cannabis Management Corporation” means the body corporate established under subsection 3(1) of the Cannabis Management Corporation Act. (Société de gestion du cannabis)

“cannabis plant” means cannabis plant as defined in the Cannabis Act (Canada). (plante de cannabis)

“cannabis retail outlet” means a facility, building or commercial premises established solely for the retail sale of cannabis and cannabis accessories. (point de vente au détail du cannabis)

“cultivation”, in respect of cannabis, includes propagation and harvesting. (culture)

“distribute” includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute. (distribuer)

“dwelling-house” has the same meaning as in subsection 12(8) of the Cannabis Act (Canada). (maison d’habitation)

“inspector” means an inspector appointed or designated under subsection 23(1) of this Act. (inspecteur)

“medical use cannabis” means cannabis used for medical purposes (cannabis à des fins médicales)

(a) within the meaning of the Access to Cannabis for Medical Purposes Regulation under the Controlled Drugs and Substances Act (Canada), or

(b) in accordance with a court order.

“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“occupant” means a person, other than an owner, who is lawfully in possession of real property under an agreement including a lease. (occupant)

“package” means package as defined in the Cannabis Act (Canada). (emballage)

“peace officer” means a peace officer as defined in the Motor Vehicle Act. (agent de la paix)

“private dwelling” means a place that is occupied and used by the owner or occupant as a residence, together with adjacent land or buildings that are normally used for the convenience or enjoyment of the occupants, and includes (logement privé)

(a) a dwelling-house,

(b) a motor home or a camper van that is parked at a place other than a place referred to in paragraph 18(2)(a),

(d) any other place prescribed by regulation.

“promote” means promote as defined in the Cannabis Act (Canada), and excludes anything set out in section 16 of that Act. (promotion)

“sell” includes offer for sale, expose for sale and have in possession for sale. (vente)

“service provider” means service provider as defined in the Cannabis Management Corporation Act. (fournisseur de services)

“smoke” means smoke as defined in the Smoke-free Places Act. (fumer)

“taxicab” means taxicab as defined in the Motor Carrier Act. (taxi)

Application

3( 1) This Act binds the Crown.

3( 2) This Act does not apply

(a) to an activity in respect of medical use cannabis,

(b) to an activity performed in connection with the enforcement or administration of an Act of the Legislature or an Act of the Parliament of Canada or the regulations under any of them,

(c) to an activity conducted pursuant to a licence, permit, authorization, order or exemption under the Cannabis Act (Canada) or the regulations under that act, or

(d) to a person performing an activity referred to in paragraph (a), (b) or (c).

3( 3) Despite paragraph (2)(a), sections 18 and 19 apply in respect of medical use cannabis.

CANNABIS RETAIL OUTLETS

Retail sale of cannabis

4( 1) Subject to any other Act of the Legislature or of the Parliament of Canada that regulates the authorized sale of cannabis, a service provider may

(a) operate a cannabis retail outlet in accordance with this Act and the regulations and any requirements or policies established by the Cannabis Management Corporation,

(b) purchase, possess and store cannabis and cannabis accessories,

(c) sell cannabis or cannabis accessories or provide any service related to cannabis to any person who is 19 years of age or older, and

(d) display and promote cannabis or cannabis accessories or offer any service related to cannabis in a manner authorized under the Cannabis Act (Canada), provided that the display, promotion or offer is not directed at persons under 19 years of age.

4( 2) A service provider shall not display cannabis, any package or label of cannabis or a cannabis accessory in a manner that may result in the cannabis, package or label of cannabis or cannabis accessory being seen by a person under 19 years of age.

4( 3) Despite the Tobacco and Electronic Cigarette Sales Act, a service provider may display cannabis accessories inside a cannabis retail outlet.

Purchase of cannabis for resale

5 A service provider shall purchase for resale only cannabis that has been produced by a person that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes.

Access to cannabis retail outlet

6( 1) A service provider shall not permit a person under 19 years of age to have access to a cannabis retail outlet.

6( 2) A person under 19 years of age shall not enter, or attempt to enter, a cannabis retail outlet.

6( 3) If a person seeks to have access to a cannabis retail outlet, the person shall, at the request of the service provider, provide proof that he or she is at least 19 years of age.

6( 4) If a person refuses to provide the proof of age referred to in subsection (3), the person shall leave the cannabis retail outlet.

6( 5) A person who contravenes subsection (4) may be removed from the cannabis retail outlet by a peace officer.

Distribution of cannabis by service provider

7( 1) Subject to any other Act of the Legislature or of the Parliament of Canada that regulates the authorized distribution of cannabis, a service provider may distribute cannabis and cannabis accessories to any person who is 19 years of age or older in accordance with this Act and the regulations and any requirements or policies established by the Cannabis Management Corporation.

7( 2) A service provider may enter into an agreement with a common carrier to transport and deliver cannabis or a cannabis accessory on its behalf.

7( 3) When a service provider or a common carrier, as the case may be, transports and delivers cannabis or a cannabis accessory, it shall

(a) prepare the package in a manner that ensures the security of its contents, in order that the package

( i) will not open or permit the escape of its contents during handling and transportation, and

( ii) is sealed so that it cannot be opened without the seal being broken,

(b) take any measures that are necessary to ensure tracking and safekeeping of the package during transportation until it is delivered to the purchaser, and

(c) transport and deliver the package only to the person who placed the order and to the shipping address indicated in the order.

7( 4) During transportation and delivery of cannabis or a cannabis accessory on behalf of a service provider, no common carrier or any other person shall open the package or permit it to be opened.

7( 5) The operator of a taxicab shall not transport cannabis unless the cannabis is in the possession of a passenger.

7( 6) When a service provider or common carrier delivers cannabis or a cannabis accessory to a purchaser, it shall take any measures that are necessary

(a) to verify the identity of the purchaser, and

(b) to obtain proof that he or she is at least 19 years of age.

7( 7) A person who seeks to purchase or accept delivery of cannabis or a cannabis accessory shall, at the request of the service provider or common carrier, as the case may be, provide proof that he or she is at least 19 years of age.

7( 8) If a purchaser refuses to provide the proof referred to in subsection (7), the service provider or common carrier shall not sell or deliver the cannabis or cannabis accessory.

Proof of age

8( 1) For the purposes of subsection 6(3) or 7(7), a person may provide proof of his or her age by presenting a valid government-issued identification document prescribed by regulation.

8( 2) No person shall use a false identification document or an identification document identifying any other person for the purposes of providing proof of age under this Act.

8( 3) No person shall lend an identification document to any other person for the purposes of providing proof of age under this Act.

Conflicts of interest

9( 1) No director, officer, agent or employee of a service provider shall

(a) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by him or her in the carrying out of his or her functions, or

(b) for his or her personal gain, make use of his or her position or of any information that is obtained in his or her position that is not available to the public.

9( 2) No person shall, either directly or indirectly, offer to pay any fees, gifts, gratuities or other benefit to any director, officer, agent or employee of a service provider, or to any person on behalf of a director, officer, agent or employee of a service provider, that could reasonably be seen to influence any decision made by him or her in the carrying out of his or her functions.

Diversion

10 A service provider shall take any other measures that may be required by the Cannabis Management Corporation or prescribed by regulation in order to reduce the risk that cannabis in its possession will be diverted to an illicit market or activity.

RESPONSIBLE USE AND CONSUMPTION

Possession

11 No person under 19 years of age shall have cannabis in his or her possession.

Storage

12 No person shall store cannabis in a private dwelling unless the cannabis is stored

(a) in a secure space that is inaccessible to a person who is under 19 years of age, and

(b) in a manner that complies with any standards prescribed by regulation.

Distribution and sale

13( 1) No person other than a service provider shall

(a) operate a store that sells cannabis, or

(b) distribute or sell cannabis.

13( 2) No person shall distribute or sell a cannabis accessory to a person under 19 years of age.

Purchase

14( 1) No person who is 19 years of age or older shall purchase or attempt to purchase cannabis from any person other than a service provider.

14( 2) No person under 19 years of age shall purchase or attempt to purchase cannabis or a cannabis accessory.

Gift

15 No person shall make or accept a gift of cannabis unless

(a) the donor is in lawful possession of the cannabis, and

(b) the donee is a person who is 19 years of age or older.

Cultivation

16( 1) No person who is 19 years of age or older shall cultivate, or offer to cultivate, cannabis unless it is cultivated in his or her dwelling-house and

(a) the person is in lawful possession of the cannabis seeds or cannabis plants,

(b) the cannabis plants

( i) if cultivated outdoors, are surrounded by a locked enclosure having a height of at least 1.52 m, and

( ii) if cultivated indoors, are cultivated in a separate locked space.

16( 2) No person under 19 years of age shall cultivate, or offer to cultivate, cannabis.

Consumption – general

17( 1) No person who is 19 years of age or older shall consume cannabis unless the person is in lawful possession of the cannabis and

(a) is in a private dwelling and has obtained the consent of the occupant,

(b) is on vacant land and has obtained the consent of the owner or occupant, or

17( 2) For greater certainty, no person who is 19 years of age or older shall consume cannabis in a place to which the public has access as of right or by express or implied invitation, or any other place prescribed by regulation.

17( 3) No person under 19 years of age shall consume cannabis.

17( 4) No person who is 19 years of age or older shall knowingly permit a person under 19 years of age to consume cannabis while the person under 19 years of age is in his or her care, supervision or control.

Consumption – vehicle

18( 1) In this section, “vehicle” means

(a) a motor vehicle as defined in the Motor Vehicle Act,

(b) a farm tractor as defined in the Motor Vehicle Act,

(d) any other vehicle prescribed by regulation.

18( 2) No person shall consume cannabis or medical use cannabis in or on a vehicle

(a) whether it is in motion or not, that is

( i) on a highway as defined in the Motor Vehicle Act,

( ii) on a roadway, an all-terrain vehicle managed trail or a motorized snow vehicle managed trail as those terms are defined in the Off-Road Vehicle Act, or

(b) that is in a place prescribed by regulation and in the circumstances prescribed by regulation, if any.

Application of Smoke-free Places Act

19 Despite any other provision of this Act or the regulations, no person shall smoke cannabis or medical use cannabis in a place where smoking is prohibited under the Smoke-free Places Act.

Provision to intoxicated person

20 No person shall provide cannabis to a person who appears to be intoxicated.

Display

21 No person other than a service provider shall display cannabis, or any package or label of cannabis.

Promotion

22 No person other than a service provider shall promote cannabis.

INSPECTIONS, OFFENCES AND PENALTIES

Inspectors

23( 1) The Minister may appoint or designate inspectors for the purpose of this Act.

23( 2) The Minister shall issue to every inspector a certificate of appointment or designation.

23( 3) An inspector, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate on request.

23( 4) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,

(a) enter and inspect any place, area or vehicle to which this Act applies except a private dwelling and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,

(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,

(d) require the production of documents at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,

(e) require the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in a place, area or vehicle where any activity is prohibited under this Act,

(f) exercise any other powers and perform any other duties that are prescribed by regulation, and

(g) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (e).

23( 5) An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (4)(a).

23( 6) No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act.

23( 7) An inspector who removes documents under paragraph (4)(d) shall give a receipt for the items and return them as soon as possible after the making of copies or extracts.

Offences

24( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

24( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

24( 3) If an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

24( 4) A prosecution for an offence under this Act shall be commenced within one year after the date on which the offence was, or is alleged to have been, committed.

24( 5) Subject to subsection (6), a person who violates or fails to comply with a provision of the regulations commits an offence.

24( 6) For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

Involvement of person under 19 years of age

25 No person shall involve a person under 19 years of age in the commission of an offence under this Act or the regulations.

Defence

26 It is not a defence to a charge arising out of a violation or failure to comply with subsection 13(2), section 15, subsection 17(4) or section 25 that the accused believed that a person was 19 years of age or older, unless the accused took reasonable steps to ascertain the person’s age.

GENERAL PROVISIONS

Administration

27 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Immunity

28 No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person:

(a) a director or officer, or former director or officer, of a service provider;

(b) any other member or former member of the board of directors of a service provider;

(d) an inspector or peace officer; and

(e) any other person who exercises a power or performs a duty under this Act.

Regulations

29 The Lieutenant-Governor in Council may make regulations

(a) prescribing places for the purposes of the definition “private dwelling”;

(b) prescribing identification documents for the purposes of subsection 8(1);

(d) prescribing standards for storage of cannabis for the purposes of section 12;

(e) prescribing places and circumstances where consumption of cannabis is permitted for the purposes of subsection 17(1);

(f) prescribing places where consumption of cannabis is prohibited for the purposes of subsection 17(2);

(g) prescribing vehicles for the purposes of subsection 18(1);

(h) prescribing places and circumstances in which consumption of cannabis is prohibited for the purposes of subsection 18(2);

(i) prescribing powers and duties of inspectors for the purposes of paragraph 23(4)(f);

(j) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(k) defining words or expressions used, but not defined, in this Act;

(l) respecting any other matter that may be necessary for the proper administration of this Act.

TRANSITIONAL PROVISIONS AND COMMENCEMENT

Tobacco and Electronic Cigarette Sales Act

30 Section 1 of the Tobacco and Electronic Cigarette Sales Act, chapter T-6.1 of the Acts of New Brunswick, 1993, is amended by repealing the definition “smoking supplies” and substituting the following:

“smoking supplies” means rolling papers or wraps, holders, pipes, cones, cigarette tubes and cigarette filters, water pipes, bongs and vaporizers and includes any thing that is represented to be used in the consumption of tobacco or cannabis; (articles pour fumer)

Tobacco Tax Act

31 Section 2 of The Tobacco Tax Act, chapter T-7 of the Revised Statutes, 1973, is amended

(a) in subsection (4.3) by adding after paragraph (a.2) the following:

(a.3) the applicant has been convicted of a violation of a provision of the Cannabis Control Act or the regulations under that Act,

(b) in subsection (6)

( i) in paragraph (b) of the English version by striking out “or” at the end of the paragraph;

( ii) in paragraph (c) by striking out the period at the end of the paragraph and substituting “, or”;

( iii) by adding after paragraph (c) the following:

(d) the licensee has been convicted of a violation of a provision of the Cannabis Control Act or the regulations under that Act.

Commencement

32( 1) Subject to subsection (2), this Act or any provision of it comes into force on a day or days to be fixed by proclamation.

32( 2) No provision of this Act shall be proclaimed before the day that Bill C-45, introduced in the first session of the forty-second Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives Royal Assent.

SCHEDULE A

Column 1		Column 2
Section		Category of Offence
	6(2) ...............		C
	6(3) ...............		C
	6(4) ...............		C
	7(4) ...............		B
	7(5) ...............		C
	7(7) ...............		C
	8(2) ...............		B
	8(3) ...............		B
	9(1) ...............		F
	9(2) ...............		F
	11 ...............		B
	12 ...............		C
	13(1)(a) ...............		J
	13(1)(b) ...............		E
	13(2) ...............		E
	14(1) ...............		C
	14(2) ...............		C
	15 ...............		C
	16(1) ...............		C
	16(2) ...............		C
	17(1) ...............		C
	17(3) ...............		C
	17(4) ...............		C
	18(2) ...............		C
	20...............		C
	21...............		E
	22...............		E
	23(4)(e) ...............		E
	23(6) ...............		E
	25...............		E