Cannabis Products Act

(1) In this Act,

"cannabis" means a cannabis plant and anything referred to in Schedule 1 of the Cannabis Act (Canada) but does not include anything referred to in Schedule 2 of that Act; (cannabis)

"cannabis store " means a cannabis store operated by a vendor; (magasin de cannabis)

"Commission" means the Commission as defined in section 1 of the Liquor Act; (Société)

"community" includes a municipality and an unincorporated community; (collectivité)

"consume" means to ingest cannabis orally or by any other means, including smoking by means of an e-cigarette or a vaporizer; (consommer)

"dwelling-house" means a dwelling-house as defined in section 2 of the Criminal Code; (maison d’habitation)

"eligible person" means a person who is authorized to purchase, possess, consume, transport and use cannabis under subsection 3(1); (personne autorisée)

"inspector" means an inspector appointed under section 38; (inspecteur)

"intoxicated person" means an individual who appears to be under the influence of liquor, cannabis or another drug or intoxicating substance; (personne en état d’ébriété)

"minor" means an individual who has not attained 19 years of age; (mineur)

"plebiscite" means a plebiscite held under Part 4 of this Act; (référendum)

"record" means any information that is recorded or stored in any form by means of any device or medium, including electronic data; (registre)

"sale" includes

"vehicle" means a device in, on or by which a person may be transported on land or water that is propelled or driven by power other than muscular power, but does not include

"vendor" means a vendor designated by the Minister under subsection 5(1). (vendeur)

(2) This Act does not apply to the sale, distribution, possession or consumption of cannabis for

(1) Subject to this Act and the regulations, a person other than a minor or an intoxicated person is eligible to purchase cannabis from a cannabis store, and to possess, consume, transport and use that cannabis.

(2) A vendor or an employee of a vendor who is not satisfied that a person attempting to purchase cannabis has attained 19 years of age, shall require the person to produce evidence of his or her age satisfactory to the vendor or employee, and until that evidence is produced the person is not eligible to purchase cannabis from the cannabis store.

(1) Subject to subsection (2), an eligible person may make a legitimate gift of cannabis to another eligible person, and the person receiving the gift may possess, consume or transport the cannabis as if he or she had purchased it in accordance with this Act and the regulations.

(2) A producer or manufacturer of cannabis, or an employee or representative of a producer or manufacturer, may only make a gift of cannabis as permitted by the regulations.

(1) The Minister shall, where the Minister considers it to be in the public interest, designate a person to act as a vendor in a particular community for the operation of a cannabis store and the sale of cannabis in that community.

(2) The Minister shall, within six months after the coming into force of this subsection, recommend that the Commissioner make regulations prescribing criteria to guide the Minister in considering whether the designation of a person as a vendor is in the public interest.

(3) The criteria referred to in subsection (2) must not establish a condition that a person first be designated as a vendor under subsection 34(1) of the Liquor Act in order to be designated as a vendor under subsection (1).

(4) Notwithstanding subsection (2), the Minister may designate a vendor before the regulations referred to in subsection (2) have been made.

(5) A minor may not be designated as a vendor.

(6) A vendor may only sell cannabis that has been produced by a person authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes.

(7) A vendor shall keep the prescribed records respecting activities relating to cannabis possessed by the vendor for commercial purposes.

(8) A vendor shall take the prescribed measures for reducing the risk of any cannabis possessed for commercial purposes being diverted to an illicit market or activity.

(9) The Minister shall enter into an agreement with a vendor respecting the sale of cannabis and the operation of a cannabis store.

(10) A vendor is subject to this Act and the regulations, and the terms and conditions stipulated in the agreement.

(11) The Minister may, in accordance with the agreement,

(12) The Commission may arrange for the removal of cannabis in the possession or under the control of a vendor that fails to comply with an order made under subparagraph (11)(b)(ii), and the vendor is responsible for any costs so incurred by the Commission.

(1) Before designating a vendor for the operation of a cannabis store and the sale of cannabis in a community, the Minister shall, to ascertain the views of that community, give notice

(2) If the Minister is required to give notice under subsection (1) in respect of a community that does not have an existing cannabis store, that notice must

(3) If a cannabis store exists in a community and the Minister is considering changing the terms and conditions applicable to the operation of that cannabis store, the Minister shall give notice in accordance with paragraphs (1)(a) to (d) if he or she considers those changes to be of such significance that it is advisable to ascertain the views of the community.

(4) The Minister shall consider the views expressed by any municipal council, band council or other person or body given notice under this section.

(5) For greater certainty, the Minister may not change terms and conditions applicable to the operation of a cannabis store so as to derogate from limitations implemented following a plebiscite held under Part 4.

TRANSPORTATION, DISTRIBUTION,

(1) A person may possess in the Northwest Territories and import into the Northwest Territories one or more classes of cannabis, the total amount of which, as determined in accordance with Schedule 3 of the Cannabis Act (Canada), is equivalent to no more than 30 grams of dried cannabis.

(2) For greater certainty, subsection (1) does not operate so as to prohibit a person from possessing in the dwelling-house in which the person ordinarily resides, an amount of cannabis greater than the amount described in that subsection.

(1) A community may, in accordance with this Part, approve the establishment of a cannabis restriction or prohibition system.

(2) Without limiting the generality of subsection (1), a community may approve one of the following systems:

(1) A municipal council or band council may, by resolution, request the Minister to hold a plebiscite to determine whether the voters support the establishment, replacement, modification or cancellation of a cannabis restriction or prohibition system for the community.

(2) A resolution under subsection (1) must indicate the nature of the restriction or prohibition that would be the subject of a plebiscite.

(3) On receiving a resolution, the Minister may, subject to section 14, order that a plebiscite be held to determine the wishes of the voters of the community.

(1) The Minister shall appoint a returning officer for a plebiscite.

(2) The returning officer has the powers and may perform the duties of a returning officer appointed under the Local Authorities Elections Act.

(1) A municipal council or band council that operates in a community may request the Minister to declare the community or a portion of the community to be a temporarily prohibited area,

(2) If both a municipal council and a band council operate in a community, either council may, independently of the other, make a request under subsection (1).

(3) Subject to subsection (4), a request under subsection (1) must be made to the Minister in writing, no later than 15 days before the day on which the period of temporary prohibition is intended to commence.

(4) If the Minister considers it appropriate in the circumstances, he or she may, in accordance with the regulations, accept a request made under paragraph (1)(b) that is received less than 15 days before the period of temporary prohibition is intended to commence.

(5) On receiving a request under subsection (1), the Minister may, by order,

(6) An order may not be made under subsection (5) if a cannabis store is being operated in the community.

(7) Every person who contravenes an order made under subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 30 days or to both.

(1) The Commission shall purchase, sell, classify and distribute cannabis in the Northwest Territories.

(2) Notwithstanding any other provision of this Act, the Commission, in exercising its powers and performing its duties under this Act and the regulations, must act in accordance with the direction of the Minister.

(1) Money received in respect of the sale of cannabis, the charging of permit fees or the assessment of compliance penalties, or otherwise received in the administration of this Act, must be deposited to the credit of the Government of the Northwest Territories in the Liquor Revolving Fund.

(2) Money necessary for the purchase and sale of cannabis, for the operations of the Commission or otherwise required for the administration of this Act, must be paid out of the Liquor Revolving Fund.

(1) Any person may apply to the Minister for a special occasion permit in accordance with the regulations.

(2) The Minister may issue a special occasion permit to an applicant if the prescribed requirements are met.

(3) Subject to this Act, the regulations and the terms and conditions set out in the permit, a special occasion permit authorizes the possession, transportation, consumption and use of cannabis at a function.

(4) The Minister may, in his or her discretion, cancel a special occasion permit in accordance with the regulations.

(5) The decision of the Minister to cancel a special occasion permit is final.

(1) No person shall obstruct or hinder an inspector or peace officer who is acting under the authority of this Act or the regulations.

(2) No person shall knowingly

(1) No person shall

(2) This section does not apply to the selling or supplying of cannabis to a minor for medical purposes under the authority of applicable federal law.

(1) No minor shall

(2) This section does not apply to the purchase or attempted purchase of cannabis by a minor, if the purchase or attempted purchase

(3) This section does not apply to the purchase, attempted purchase or possession of cannabis by a minor if the purchase, attempted purchase or possession is for medical purposes under the authority of applicable federal law.

(1) No person shall, either directly or indirectly, offer or give any financial or material inducement to a vendor or an employee or representative of a vendor for the purpose of increasing the sale or distribution of any brand of cannabis, unless the inducement is of a nature permitted in the regulations.

(2) No vendor or employee or representative of a vendor shall, either directly or indirectly, request or receive any financial or material inducement referred to in subsection (1).

(1) The Minister may appoint inspectors for the purposes of this Act and the regulations.

(2) When acting under the authority of this Part, an inspector shall carry identification in the form authorized by the Minister, and shall present it on request to the owner or occupant of any premises or facility being inspected.

(1) An inspector may, for a purpose related to ensuring compliance with this Act or the regulations, order a person that is authorized under this Act to conduct any activity in relation to cannabis to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

(2) A person that is ordered by an inspector to provide a document, information or a sample shall do so on the date, at the time and place and in the manner specified by the inspector.

(1) An inspector may, for the purpose of ensuring compliance with this Act and the regulations, enter any regulated premises in which he or she believes on reasonable grounds

(2) An inspector may, in a regulated premises entered under subsection (1),

(3) If an inspector is obstructed in the performance of a duty under this section, or requires the expertise of another person in order to perform such a duty, the inspector may call to his or her assistance a peace officer or another person whom the inspector considers appropriate, who shall give the inspector all reasonable assistance.

(4) The inspector and any individual accompanying the inspector may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a premises under subsection (1).

(5) The owner or other person in charge of a premises entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require.

(6) An inspector who seizes a thing under this section may

(7) If an inspector determines that it is no longer necessary to detain anything seized by the inspector under this section in order to ensure compliance with this Act and the regulations, the inspector must give written notice to the owner or other person in charge of the premises where the seizure occurred of that determination, and on being issued a receipt for it, must return the thing to that person.

(8) An inspector may submit to an analyst for analysis or examination anything taken by the inspector under paragraph (2)(i).

(1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any vehicle, place or premises anything that will afford evidence with respect to any contravention of this Act or the regulations, the justice may issue a warrant authorizing the inspector or other peace officer named in the warrant and any person assisting him or her to enter and search the vehicle, place or premises for any such thing, subject to any conditions specified in the warrant.

(2) An inspector or other peace officer authorized by a warrant issued under subsection (1), may

(3) If a warrant issued under subsection (1) authorizes an inspector or peace officer to search a computer system or other electronic device for data, the inspector or peace officer may exercise any power set out in paragraphs 41(2)(c) to (f), and may seize any printout or other output or any copy made in the exercise of that power.

(4) An inspector or peace officer shall not use force to enter and search a vehicle, place or premises unless the use of force is specifically authorized in a warrant authorizing the entry.

(5) An inspector or peace officer shall not enter a dwelling-house except with the consent of the occupant or under the authority of a warrant.

(1) A warrant issued under section 42 must specify the date on which it expires, which must not be later than 15 days after its issue.

(2) A warrant issued under section 42 may only be executed between 6 a.m. and 9 p.m., unless

(1) If an inspector or other peace officer has reasonable grounds to believe that

the inspector or other peace officer may, without a warrant and if necessary using reasonable force, conduct a search for that cannabis or other thing in or near the vehicle, place or premises or on the person of anyone found in or near the vehicle, place or premises.

(2) If an inspector or peace officer, in making a search under subsection (1), finds cannabis that he or she believes on reasonable grounds is unlawfully kept or is kept for unlawful purposes in contravention of this Act, the regulations or a term or condition of a special occasion permit, or finds any other thing that he or she reasonably believes may be evidence of the commission of an offence under this Act or the regulations, the inspector or peace officer may

(1) An inspector or other peace officer may investigate any allegation that a contravention of this Act or the regulations has occurred.

(2) An inspector or other peace officer may submit to an analyst for analysis or examination any sample lawfully taken by the inspector in the course of an investigation under subsection (1).

(1) An inspector or other peace officer may seize and remove cannabis he or she finds at any premises or place if he or she believes on reasonable grounds that there is no apparent owner of the cannabis.

(2) Cannabis seized under subsection (1) is forfeited to the Commission.

(1) A justice shall order the return of a thing that has been seized, and that has not been forfeited or abandoned under this Part, to the owner or other person lawfully entitled to possession of the thing, unless the prosecutor, or the inspector, peace officer or other person having custody of the thing, satisfies the justice that its detention is required for the purposes of any investigation, trial or other proceeding.

(2) If the prosecutor, or the inspector, peace officer or other person having custody of the thing seized, satisfies the justice that the thing should be detained for a reason set out in subsection (1), the justice shall order that it be detained until the conclusion of any investigation or until it is required to be produced for the purposes of a trial or other proceeding.

(3) Nothing shall be detained under the authority of subsection (2) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under subsection (1) is decided, unless

(4) More than one order for further detention may be made under paragraph (3)(a), but the cumulative period of detention must not exceed one year after the day of the seizure, or any longer period that ends when an application made under paragraph (3)(a) is decided, unless

(5) If a vehicle is returned under this section, the justice may order the person to whom it is returned

(1) On convicting a person of an offence under this Act, the court may, in addition to any other penalty imposed, order that

(2) If the court does not order forfeiture under subsection (1), it may order that a thing referred to in that subsection, or any proceeds of its disposition, be returned to its owner or the person lawfully entitled to its possession.

(1) If a person charged with an offence under this Act is not convicted, the Minister may apply to a justice for an order declaring that

(2) A justice shall not make an order under subsection (1) unless

(1) A person who claims an interest in any cannabis or other property that has been forfeited under this Act may apply by originating notice to a judge of the Supreme Court for an order under subsection (6) or (7).

(2) Subsection (1) does not apply to a person who has been convicted of an offence that has resulted in the forfeiture.

(3) An applicant has

(4) The judge shall fix a day for the hearing that must not be less than 30 days after the day the application was filed.

(5) The applicant must serve a notice of the application and of the hearing on the Minister at least 15 days before the day fixed for the hearing.

(6) If, on hearing an application involving abandoned cannabis, the judge is satisfied that the applicant has an interest in the cannabis and that it is reasonable that it be released to the applicant or another person, the judge may grant an order cancelling the forfeiture and requiring its release.

(7) If, on hearing an application involving an offence under this Act, the judge is satisfied that the applicant

the applicant is entitled to an order declaring that his or her interest is not affected by the forfeiture, and declaring the nature and extent of that interest.

(8) Subsection (7) does not apply in respect of cannabis or other property that has been forfeited under section 51.

(1) A peace officer may arrest without warrant any person whom he or she believes on reasonable grounds is committing or has committed an offence under this Act or the regulations.

(2) A peace officer who arrests a person under this section shall, as soon as is practicable, release the person from custody, unless he or she believes on reasonable grounds that

(3) A person arrested and not released under this section must be brought before a justice to be dealt with according to law as follows:

(4) A peace officer may use as much force as is necessary to make an arrest under this section.

(1) Every person who contravenes section 25 is guilty of an offence punishable on summary conviction and liable

(2) Notwithstanding subsection (1), every person who contravenes paragraph 25(c) by selling or offering to sell cannabis to a minor is guilty of an offence punishable on summary conviction and liable

(3) For the purposes of subparagraphs (1)(a)(ii) and (b)(ii), a conviction for a contravention of paragraph 25(c) referred to in subsection (2) is deemed, for greater certainty, to be a conviction for a prior offence.

(1) Every person who

(2) For the purposes of subparagraph (1)(b)(ii), a conviction for a contravention of section 32, 33 or 35 is deemed to be a conviction for a subsequent offence if the accused has previously been convicted of a contravention of any of those provisions.

(1) A certificate of a previous conviction purporting to be under the hand of the convicting justice or of a registrar or clerk of the convicting court is admissible, in the absence of evidence to the contrary, as proof of the facts stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

(2) In establishing the number of times a person has been convicted of an offence for the purposes of section 57 or 59, the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of the offences or to whether an offence occurred before or after a conviction.

(1) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for the offence in respect of an individual, whether or not the corporation has been prosecuted or convicted for the offence.

(2) Nothing in subsection (1) relieves the corporation or the person who actually committed the offence from liability for the offence.

(1) The Minister may designate a person to act as an analyst with respect to the analysis or description of any ingredient, quality or quantity of any substance for the purposes of or in connection with this Act.

(2) An analyst who has analysed or examined a sample under this Act may issue a certificate or report setting out the results of the analysis or examination.

(3) A certificate or report purporting to be signed by an analyst stating that the analyst has analysed anything to which this Act or the regulations apply and stating the results of the analysis is, in the absence of evidence to the contrary, admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report.

(4) A certificate or report referred to in subsections (2) and (3) may not be received in evidence unless the party intending to produce it has, at least 10 days before the trial, given the party against whom it is intended to be produced notice of that intention together with a copy of the certificate or report.

(5) The party against whom the certificate or report is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

(2) No person shall cultivate cannabis in a unit unless

(3) If bylaws that are in effect immediately before the coming into force of this section prohibit or limit the smoking of tobacco, and do not expressly refer to the smoking of cannabis, those bylaws are deemed to prohibit or limit the smoking of cannabis in the same manner that the smoking of tobacco is prohibited or limited.

(1) This section amends the Liquor Act.

(2) Section 1 is amended by repealing the definition "intoxicated person" and substituting the following:

"intoxicated person" means an individual who appears to be under the influence of liquor, cannabis or another drug or intoxicating substance; (personne en état d’ébriété)

(3) Paragraph 59(1)(c) is repealed and the following is substituted:

(4) Subsection 60(1) is amended by

(5) Section 61 is repealed and the following is substituted:

(2) No person shall cultivate cannabis in a rental premises if

(3) A tenancy agreement entered into before the day on which this section comes into force that prohibits or limits the smoking of tobacco, and does not expressly refer to the smoking of cannabis, is deemed to prohibit or limit the smoking of cannabis in the same manner that the smoking of tobacco is prohibited or limited.