HESA Committee Report

New Clause 8.1

That Bill C-45 be amended by adding after line 12 on page 8 the following new clause:

“8.‍1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

(2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

(3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.‍

(4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

(5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 8(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.‍”

Clause 12

That Bill C-45, in Clause 12, be amended by replacing, in the French version, lines 37 to 39 on page 11 with the following:

“quelque méthode que ce soit, notamment par la fabrication ou la synthèse ou par l’altération, par tout moyen, de ses propriétés physiques ou chimiques;”

That Bill C-45, in Clause 12, be amended by

(a) replacing lines 29 to 33 on page 12 with the following:

“(a) to cultivate, propagate or harvest any cannabis”

(b) replacing line 1 on page 13 with the following:

“(b)  to cultivate, propagate or harvest any living thing,”

Clause 21

That Bill C-45, in Clause 21, be amended by replacing lines 13 to 17 on page 19 with the following:

“21 It is prohibited to display, refer to or otherwise use any of the following, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility:

(a) a brand element of cannabis, of a cannabis accessory or of a service related to cannabis; and”

Clause 34

That Bill C-45, in Clause 34, be amended by replacing lines 21 to 24 on page 23 with the following:

34 (1) Unless authorized under this Act, it is prohibited to sell any mixture of substances that contains cannabis and any substance that is referred to in column 1 of Schedule 5.

(2) Subsection (1) does not apply in respect of a mixture of substances that contains a substance that is referred to in column 1 of Schedule 5 and any cannabis of a class of cannabis that is referred to in column 2 of that Schedule in respect of that substance.

Clause 51

That Bill C-45, in Clause 51, be amended by replacing lines 3 to 9 on page 29 with the following:

“or two cannabis plants; and

(i) proceedings in respect of an offence arising out of”

That Bill C-45, in Clause 51, be amended by replacing line 30 on page 29 with the following:

“other judicial records and will not be used for any purpose that would identify the accused as a person dealt with under this Act, and”

That Bill C-45, in Clause 51, be amended by replacing line 7 on page 30 with the following:

“(2)(a) to (h), $200 plus a victim surcharge, calculated in”

Clause 53

That Bill C-45, in Clause 53, be amended by

(a) replacing line 32 on page 30 with the following:

“cused is liable to a fine of not more than $200, in the case of an offence”

(b) replacing line 36 on page 30 with the following:

“139(1)(z.6), to a fine of not more than the amount specified in”

That Bill C-45, in Clause 53, be amended by replacing line 33 on page 30 with the following:

“referred to in any of paragraphs 51(2)(a) to (h) or, in the”

That Bill C-45, in Clause 53, be amended by adding after line 37 on page 30 the following:

“(1.1) If the accused is convicted of the offence, no order is to be made under section 731 of the Criminal Code in respect of that conviction.”

Clause 58

That Bill C-45, in Clause 58, be amended by replacing line 18 on page 32 with the following:

“other judicial records and will not be used for any purpose that would identify the accused as a person dealt with under this Act, and”

Clause 62

That Bill C-45, in Clause 62, be amended by replacing, in the English version, line 21 on page 35 with the following:

“(a) the issuance, the renewal or the amendment is likely to create a risk to public health or”

Clause 71

That Bill C-45, in Clause 71, be amended by

(a) replacing line 10 on page 40 with the following:

“possess, sell, distribute or produce cannabis may do anything that”

(b) replacing line 17 on page 40 with the following:

“son that is authorized under this Act to possess, sell, distribute or”

Clause 94

That Bill C-45, in Clause 94, be amended by replacing, in the French version, line 34 on page 58 with the following:

“tion de cette province et menées par cette dernière ou en”

Clause 139

That Bill C-45, in Clause 139, be amended by replacing lines 25 to 27 on page 81 with the following:

“(k)  respecting the characteristics, composition, strength, concentration, potency, intended use, sensory attributes — such as appearance and shape — purity, quality or any other property of cannabis or any class of cannabis;

(k.1) respecting the characteristics, composition, design, construction, performance, intended use, sensory attributes — such as appearance and shape — purity, quality or any other property of cannabis accessories;

(k.2)  respecting the emissions produced by the consumption of cannabis or the use of cannabis accessories and defining “emission” for the purpose of regulations made under this paragraph;”

That Bill C-45, in Clause 139, be amended by

(a) replacing lines 3 and 4 on page 83 with the following:

“from the application of all or any of the provisions of this Act or of the regulations;”

(b) replacing, in the English version, line 35 on page 84 with the following:

“tion of all or any of the provisions of Division 1 of Part 1 or of the”

(c) replacing, in the English version, line 2 on page 85 with the following:

“plication of all or any of the provisions of this Act or of the regula-”

(d) replacing, in the English version, line 37 on page 85 with the following:

“tion of all or any of the provisions of Division 1 of Part 1 or of the”

(e) replacing, in the English version, line 1 on page 86 with the following:

“application of all or any of the provisions of Division 1 of Part 1 or”

New Clause 151.1

That Bill C-45 be amended by adding after line 21 on page 89 the following new clause:

“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.

(2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the review is completed.”

Clause 159

That Bill C-45, in Clause 159, be amended by replacing lines 37 to 43 on page 95 with the following:

“(5) Subject to regulations made under subsection 161(1), the following apply in respect of every application for a licence under section 9.2 or 67 of the Narcotic Control Regulations or for a permit under section 10 of those Regulations in respect of which no final decision has been made before the commencement day:

(a) if the application relates solely to cannabis, it is deemed to be an application made under section 62 of this Act; and

(b) if the application relates, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to the cannabis, to be an application made under section 62 of this Act.”

Clause 162

That Bill C-45, in Clause 162, be amended by adding after line 25 on page 97 the following:

“(1.1) The definition work space in subsection 2(1) of the Act is replaced by the following:

work space means any indoor or other enclosed space — or any outdoor space or class of outdoor space designated in the regulations — in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area — and any outdoor space or class of outdoor space designated in the regulations — that is frequented by employees during the course of their employment. (lieu de travail)”

New Clause 163.1

That Bill C-45 be amended by adding after line 13 on page 98 the following new clause:

“163.1 Subsection 7(1) of the Act is amended by adding the following after paragraph (b):

(b.1) designating outdoor spaces or classes of outdoor spaces for the purpose of the definition work space;”

Clause 171

That Bill C-45, in Clause 171, be amended by

(a) replacing lines 13 and 14 on page 100 with the following:

“171 (1) Paragraphs 9.3(4)(c) and (d) of the Mutual Legal Assistance in Criminal Matters Act are replaced by the following:

(c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code, subsection 11(1) of the Controlled Drugs and Substances Act or subsection 87(1) of the Cannabis Act, as the case may be; and

(d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code, subsection 14(3) of the Controlled Drugs and Substances Act or subsection 91(3) of the Cannabis Act, as the case may be.

(2)  Paragraph 9.4(6)(b) of the Act is replaced”

(b) replacing line 22 on page 100 with the following:

“(3) Subparagraphs 9.4(8)(b)(i) and (ii) of the Act”

(c) replacing line 5 on page 101 with the following:

“(4)  Subsection 9.4(9) of the Act is replaced by the”

New Clause 193.1

That Bill C-45 be amended by adding after line 26 on page 111 the following:

PART 12.1

Cannabis Act

193.1 Schedule 4 to the Cannabis Act is amended by adding the following in numerical order:

New Clause 195.1

That Bill C-45 be amended by adding after line 2 on page 112 the following new clause:

“195.1 Section 4.1 of the Act is replaced by the following:

4.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

(2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

(3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.

(4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

(5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.”

Clause 226

That Bill C-45, in Clause 226, be amended by

(a) replacing lines 1 and 2 on page 121 with the following:

“226 (1) Subject to subsection (2), the provisions of this Act, except sections 161, 188 to 193, 194, 199 to 202, 206 and 225, come into”

(b) adding after line 4 on page 121 the following:

“(2) If section 193.1 does not come into force by order before the first anniversary of the day on which section 33 comes into force, section 193.1 comes into force on the first anniversary of the day on which section 33 comes into force.”

Schedule 5

That Bill C-45 be amended by replacing Schedule 5 with the following:

SCHEDULE 5

(Section 34 and subsection 151(4))

Prohibited Substances