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Cannabis Control Act (amended)

Full Title:
Cannabis Control Act (amended)

Clause 1 replaces a reference to Her Majesty with the Crown. Clause 2 allows the Minister of Justice to designate persons or classes of persons to act as enforcement officers. Clause 3 makes the distribution of cannabis by a young person a separate provision from other offences, allowing different penalties to be specified for that offence and corrects a grammatical error. Clause 4 makes it an offence for a landlord to authorize or permit the landlord’s premises to be used in a contravention of the Act or the regulations. Clause 5 prohibits advertising or promoting the sale of cannabis by a person or entity that is not authorized to produce, sell or distribute cannabis. Clauses 6 to 11 (a) add references to other enforcement officers; (b) expand the circumstances in which police officers and other enforcement officers may exercise their powers under the Act; (c) add additional powers for police officers and other enforcement officers; and (d) replace references to Her Majesty with the Crown. Clause 12 adds evidentiary presumptions respecting proof that a substance is cannabis and for certificates signed by the Nova Scotia Liquor Corporation. Clauses 13 to 15 (a) correct a grammatical error; (b) increase the amounts of fines for contraventions of the Act; and (c) impose an additional fine of twice the amount of unpaid tax where the quantity of cannabis involved exceeds an amount prescribed by the regulations. Clause 16 (a) excludes the fines from the operation of the Remission of Penalties Act; and (b) allows the court to vary or waive a minimum penalty in exceptional circumstances. Clause 17 (a) adds references to other enforcement officers; and (b) allows the Governor in Council to make regulations (i) prescribing quantities of cannabis for the purpose of the imposition of additional fines, and the method by which such quantities are determined, and (ii) respecting the removal of advertisements and promotions for the sale of cannabis by persons and entities that are not authorized to sell cannabis. Clause 18 provides that this Act has effect upon proclamation. An Act to Amend Chapter 3 of the Acts of 2018, the Cannabis Control Act Be it enacted by the Governor and Assembly as follows: 1 Section 4 of Chapter 3 of the Acts of 2018, the Cannabis Control Act, is amended by striking out "Her Majesty" and substituting "the Crown". 2 Chapter 3 is further amended by adding immediately after Section 15 the following Section: 15A The Minister of Justice may designate persons or classes of persons to act as enforcement officers for the purpose of this Act and the regulations. 3 (1) Subsection 16(1) of Chapter 3 is amended by striking out "distribute,". (2) Section 16 of Chapter 3 is further amended by adding immediately after subsection (1) the following subsection: (1A) No young person shall distribute cannabis. (3) Subsection 16(4) of Chapter 3 is amended by adding "a" immediately after "apply to". 4 Chapter 3 is further amended by adding immediately after Section 23 the following Section: 23A (1) 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. (2) No landlord shall authorize or permit a premises to be used in a contravention of this Act or the regulations. (3) No person shall be convicted of an offence under subsection (2) if the person exercised all due diligence to prevent the commission of the offence. 5 Chapter 3 is further amended by adding immediately after Section 23A the following Section: 23B No person shall 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). 6 (1) Subsection 24(1) of Chapter 3, as amended by Chapter 26 of the Acts of 2021, is further amended by (a) adding "or other enforcement officer" immediately after "officer" the first time it appears; (b) striking out "this Act or the regulations are being contravened" and substituting "a place, vehicle, thing or activity subject to this Act or the regulations"; (c) striking out clause (a) and substituting the following clause: (a) enter and inspect any place, premises or vehicle to which this Act applies, except a private dwelling, or any other place or premises connected or contiguous to that place or premises that are related to the operation of that place or premises, and make any examination or inquiry or conduct any test that the police officer or other enforcement officer considers necessary or advisable; and (d) adding immediately after clause (d) the following clauses: (da) purchase any substance or material that the police officer or other enforcement officer believes to be cannabis; (db) examine any substance or material found in the place, premises or vehicle and take, for the purpose of analysis, any samples of the substance or material; (dc) open and examine any package or other receptacle found in the place, premises or vehicle; (dd) subject to the regulations, remove or require the removal of any advertisement or promotion for 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); (2) Subsection 24(2) of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer". (3) Subsection 24(3) of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer" each time it appears. 7 (1) Subsection 25(1) of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer" each time it appears. (2) Subsection 25(2) of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer" each time it appears. 8 Section 26 of Chapter 3 is amended by striking out "Her Majesty" wherever it appears and substituting in each case "the Crown". 9 Section 27 of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer" each time it appears. 10 (1) Subsection 28(1) of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer" each time it appears. (2) Clause 28(2)(b) of Chapter 3 is amended by adding "or other enforcement officer" immediately after "officer". 11 Section 29 of Chapter 3 is amended by (a) adding "or other enforcement officer" immediately after "officer"; and (b) adding "or other enforcement officer's" immediately after "officer's". 12 Section 30 of Chapter 3 is amended by adding immediately after subsection (1) the following subsections: (1A) In a prosecution under this Act, it may be inferred, in the absence of proof to the contrary, that a substance in question is cannabis by the substance's appearance or odour and from the fact that a witness describes the substance as cannabis. (1B) In a prosecution under this Act, a certificate signed or purported to be signed by the Corporation stating that cannabis was not supplied or authorized by or obtained from the Corporation is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the same and is prima facie proof of the matters contained in the certificate. 13 Subsection 31(1) of Chapter 3 is amended by adding "in" immediately after "out". 14 Section 32 of Chapter 3 is repealed and the following Sections substituted: 32 (1) A person who is convicted of contravening subsection 16(1), (2) or (3) or subsection 17(4) is liable to a fine of not less than $250 and not more than $500. (2) A person who is convicted of contravening subsection 16(1A) is liable to a fine of not less than $350 and not more than $600. (3) A person who is convicted of contravening subsection 17(1) is liable to a fine of not less than $10,000 and not more than $25,000. (4) A person who is convicted of contravening subsection 17(2) or 19(1) is liable to a fine of not less than $10,000 and not more than $15,000. (5) A person who is convicted of contravening Section 18, 22 or 23 is liable to a fine of not less than $250 and not more than $500. (6) A person who is convicted of contravening clause 20(1)(a) or subsection 23A(2) is liable to a fine of not less than $5,000 and not more than $25,000. (7) A person who is convicted of contravening clause 20(1)(b) is liable to a fine of not less than $15,000 and not more than $50,000. (8) A person who is convicted of contravening subsection 20(2) is liable to a fine of not less than $600 and not more than $5,000. (9) A person who is convicted of contravening Section 21 is liable to a fine of not less than $5,000 and not more than $10,000. 15 Section 32 of Chapter 3, as enacted by Section 14, is amended by adding immediately after subsection (9) the following subsections: (10) A person who is convicted of contravening Section 23B is liable to a fine of not less than $10,000 and not more than $25,000. (11) In addition to the fine payable under this Section, where the quantity of cannabis exceeds the quantity prescribed by the regulations, as determined in accordance with the regulations, the person convicted is liable to an additional fine equal to twice the amount of unpaid tax collectable, remittable or payable under this Act and the regulations for the contravening transactions. 16 Chapter 3 is further amended by adding immediately after Section 32 the following Sections: 32A Any monetary penalty payable under Section 32 may not be remitted under the Remission of Penalties Act. 32B Notwithstanding any minimum fine imposed under Section 32, where in the opinion of the court exceptional circumstances exist so that the imposition of the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum amount specified or suspend the sentence of the person convicted. 17 Subsection 33(1) of Chapter 3 is amended by (a) adding "or other enforcement officers" immediately after "officers" in clause (f); (b) adding "or other enforcement officer" immediately after "officer" in clause (g); and (c) adding immediately after clause (g) the following clauses: (ga) prescribing quantities of cannabis for the purpose of subsection 32(10) and the method by which such quantities are determined, including prescribing different quantities for different forms and potencies of cannabis; (gb) respecting the removal of an advertisement or promotion for 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), including the storage or disposal of a removed advertisement or promotion; 18 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2026 Crown in right of Nova Scotia. Created February 25, 2026. Send comments to legc.office@novascotia.ca.