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

PURPOSES, DEFINITIONS AND APPLICATION

1The 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

(c) to prohibit transactions in cannabis within the Province, except as provided by this Act and the regulations.

Definitions

2The 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)

“Crown” means the Crown in right of the Province.(Couronne)

“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)

“industrial hemp” means industrial hemp as defined in the Industrial Hemp Regulations made under the Cannabis Act (Canada).(chanvre industriel)

“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 owners or occupants, and includes(logement privé)

(a) a dwelling-house,

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

(c) a trailer or tent, and

(d) any other place prescribed by regulation.

“private passenger vehicle” means a private passenger vehicle as defined in the Motor Vehicle Act.(voiture particulière)

“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)

“vehicle” means(véhicule)

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

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

(c) an off-road vehicle as defined in the Off-Road Vehicle Act, or

(d) any other vehicle prescribed by regulation.

“vehicle-for-hire service” means a vehicle-for-hire service as defined in the Motor Vehicle Act.(voiturage)

2020, c.30, s.5; 2022, c.5, s.4; 2024, c.10, s.1

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,

(c.1) to an activity in respect of industrial hemp, or

(c.2) to an activity in respect of a drug containing cannabis that is authorized for sale under the Food and Drugs Act (Canada).

(d) Repealed: 2022, c.5, s.4

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

2022, c.5, s.4

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

5A 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 the person 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.

2022, c.5, s.4

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, and

(c) deliver the package only 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(5.1)When providing a vehicle-for-hire service, the operator of a private passenger vehicle 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, it shall take any measures that are necessary to verify that the person who accepts delivery 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 the person is at least 19 years of age.

7(8)If a person referred to in subsection (7) refuses to provide proof of age, the service provider or the common carrier shall not sell or deliver, as the case may be, the cannabis or cannabis accessory.

2020, c.30, s.5; 2022, c.5, s.4

Proof of age

8(1)For the purposes of this Act and the regulations, a person may provide proof of age by presenting valid government-issued identification as 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.

2022, c.5, s.4

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 the person in the carrying out of their functions, or

(b) for their personal gain, make use of their position or of any information that is obtained in their 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 the person in the carrying out of their functions.

2022, c.5, s.4

Diversion

10A 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

11No person under 19 years of age shall have cannabis in the person’s possession.

2022, c.5, s.4

Storage

12No 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

15No 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 their 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.

2022, c.5, s.4

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 owner or occupant,

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

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

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 their care, supervision or control.

2022, c.5, s.4; 2024, c.10, s.1

Consumption – vehicle

18(1)Repealed: 2024, c.10, s.1

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 snowmobile 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.

2020, c.16, s.1; 2024, c.10, s.1

Application of Smoke-free Places Act

19Despite 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

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

Display

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

Promotion

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

Landlords

2024, c.10, s.1

22.1(1)In this section, “landlord” means a person who is

(a) a lessor, owner or person who permits the occupation of a place or premises, or

(b) an owner of a place or premises that has not been vacated by an occupant despite the expiry or termination of the lease or right of occupation.

22.1(2)No landlord shall knowingly authorize or permit a place or premises to be used for the distribution or sale of cannabis in violation of this Act or the regulations.

2024, c.10, s.1

ENFORCEMENT

2024, c.10, s.1

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 their duties under this Act or the regulations, shall produce their 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) subject to subsection (4.1), enter and inspect any place, premises or vehicle to which this Act applies 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 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,

(c) make inquiries of any person who is or was in the place, premises or vehicle,

(c.1) purchase any substance or material that the inspector believes to be cannabis,

(c.2) 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,

(c.3) open and examine any package or other receptacle found in the place, premises or vehicle,

(d) require the production of documents or other things at the place, premises or vehicle 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 the place, premises or vehicle,

(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(4.1)An inspector shall not enter a private dwelling under paragraph (4)(a) unless the inspector has the consent of the occupant or, if there is no occupant, the owner or has obtained an entry warrant under the Entry Warrants Act.

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(6.1)A refusal of consent to enter a private dwelling is not and shall not be considered to be obstructing, interfering with or failing to cooperate with an inspector within the meaning of subsection (6), except if an entry warrant has been obtained.

23(7)An inspector who removes documents or other things 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.

23(8)Copies of or extracts from documents or other things removed from a place, premises or vehicle under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or other things of which they are copies or from which they are extracts.

2022, c.5, s.4; 2024, c.10, s.1

Inspectors authorized as peace officers

2024, c.10, s.1

23.1Every inspector, in carrying out the inspector’s duties under this Act and the regulations, is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

2024, c.10, s.1

Seizure

2024, c.10, s.1

23.2(1)An inspector may seize any cannabis, document or other thing that the inspector believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations

(a) during an inspection under section 23,

(b) during a search authorized under the Provincial Offences Procedure Act, or

(c) otherwise in accordance with the Provincial Offences Procedure Act.

23.2(2)An inspector may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations, seize and remove any vehicle in which the inspector finds anything that the inspector believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations.

23.2(3)The cannabis seized under subsection (1) is forfeited to the Crown, and the Minister shall destroy the cannabis in any manner the Minister considers appropriate unless a person has been charged with an offence under this Act or the regulations, in which case the cannabis shall be destroyed after the proceedings are concluded.

23.2(4)Subject to section 23.3, the document or other thing seized under subsection (1) or the vehicle seized under subsection (2) may be detained until a person has been charged with an offence under this Act or the regulations and the proceedings are concluded.

23.2(5)If a person is convicted of an offence under this Act or the regulations, the document or other thing seized under subsection (1) or the vehicle seized under subsection (2), in addition to any penalty that may be imposed under this Act, is forfeited to the Crown and, subject to section 23.3, the Minister may dispose of it in any manner the Minister considers appropriate.

23.2(6)The document or other thing seized under subsection (1) or the vehicle seized under subsection (2) shall, on application to the Minister, be immediately returned to the owner or the person who at the time of the seizure was in possession of it if

(a) no person is charged with an offence under this Act or the regulations, or

(b) a person charged with an offence is not convicted and any appeal has been disposed of or the time for appeal has expired.

23.2(7)The document or other thing seized under subsection (1) or the vehicle seized under subsection (2) shall be handed over to the Minister if

(a) the owner is not known and no one was in possession of the document, other thing or vehicle at the time of the seizure,

(b) no person is charged with an offence under this Act or the regulations and no application is made under subsection (6), or

(c) a person is charged with an offence but the charge is dismissed or withdrawn and no application is made under subsection (6) within 30 days after the charge is dismissed or withdrawn.

23.2(8)The Minister shall keep the document, other thing or vehicle handed over under subsection (7) for 30 days and then dispose of it in any manner the Minister considers appropriate unless within those 30 days a person by notice in writing claims that they are the owner of the document, other thing or vehicle.

23.2(9)If a person makes a claim under subsection (8) and proves to the satisfaction of the Minister at a time and place specified by the Minister that the person is the owner of the document, other thing or vehicle, the Minister shall return it to the person.

23.2(10)The owner of the document, other thing or vehicle or the person who at the time of the seizure was in possession of it shall pay, before any return, the expenses relating to their seizure and retention.

23.2(11)If a person makes a claim under subsection (8) and fails to prove to the satisfaction of the Minister that the person is the owner of the document, other thing or vehicle, the Minister may dispose of it in any manner the Minister considers appropriate.

2024, c.10, s.1

Forfeiture of vehicle

2024, c.10, s.1

23.3(1)Any person who claims an interest as owner, mortgagee, lienholder or holder of any similar interest in a vehicle forfeited to the Crown under section 23.2 may, within 30 days after the date of forfeiture, apply to a judge of The Court of King’s Bench of New Brunswick for an order under subsection (4).

23.3(2)The judge to whom an application is made under subsection (1) shall fix a day for the hearing that is not more than 20 days after the date of the filing of the application.

23.3(3)The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.

23.3(4)If, on hearing the application, the judge is satisfied on a balance of probabilities that the applicant is innocent of any complicity or collusion in respect of the alleged offence that resulted in the forfeiture, the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.

23.3(5)The applicant or the Minister may appeal an order made under subsection (4), and the procedure governing appeals from orders or judgments of a judge of The Court of King’s Bench of New Brunswick applies.

23.3(6)Subject to subsection (8), on application made to the Minister by any person who has obtained a final order under this section, the Minister shall

(a) direct that the vehicle to which the interest of the applicant relates be returned to the applicant, or

(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.

23.3(7)An application shall be made under subsection (6) not later than 10 days after a final order is made under this section.

23.3(8)Before the vehicle is returned to the applicant, the expenses relating to its seizure and detention shall be paid by the applicant, unless the applicant is the owner of the vehicle and the vehicle, at the time of the alleged offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.

23.3(9)The applicant may, by action in a court of competent jurisdiction, recover the expenses relating to the seizure and detention of the vehicle under this Act from the person convicted of the offence.

23.3(10)The Minister may sell or otherwise dispose of the vehicle in any manner the Minister considers appropriate if

(a) notice of an application made under subsection (1) has not been served on the Minister within the time specified in subsection (3),

(b) an application has been made under subsection (1) and dismissed and the time limited for appeal has expired, or

(c) an amount is to be paid under paragraph (6)(b).

2024, c.10, s.1

No indemnity

2024, c.10, s.1

23.4No person shall be entitled to, or have any claim or right to, any indemnity or compensation in relation to a seizure, forfeiture, destruction or disposal under this Act or the Provincial Offences Procedure Act.

2024, c.10, s.1

Evidence of cannabis

2024, c.10, s.1

23.5In a prosecution for an offence under this Act or the regulations, evidence that a substance or material seized by an inspector had an odour of cannabis, was represented as being cannabis or was presented by its packaging, by advertisement or otherwise as being or containing cannabis is proof, in the absence of evidence to the contrary, that the substance or material is or contains cannabis.

2024, c.10, s.1

Evidence of distribution or sale of cannabis

2024, c.10, s.1

23.6 In a prosecution for an offence under this Act or the regulations, evidence that an individual left with cannabis in their possession a cannabis retail outlet or any place or premises in which an inspector believes on reasonable grounds that cannabis is distributed or sold in violation of this Act or the regulations is proof, in the absence of evidence to the contrary, that the service provider or the operator or person responsible for the place or premises distributed or sold the cannabis to the individual.

2024, c.10, s.1

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(2.1)Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for any of the following offences shall be:

(a) an offence under paragraph 13(1)(a),  $5,000;

(b) an offence under paragraph 13(1)(b), $2,000; and

(c) an offence under subsection 22.1(2), $5,000.

24(2.2)A judge who imposes a fine under Part 2 of the Provincial Offences Procedure Act and, if applicable, under subsection (2.1), on a person who is convicted of an offence under paragraph 13(1)(a) or (b) may impose an additional fine on the person equal in amount to five times the tax that would be payable on the cannabis in respect of that offence.

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

(a) the greater of the minimum fine set by the Provincial Offences Procedure Act the minimum fine, if any, set by the 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.

2024, c.10, s.1

Involvement of person under 19 years of age

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

2022, c.5, s.4

Defence

26(1)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.

26(2)No person shall be convicted of an offence under subsection 22.1(2) if they exercised all due diligence to prevent the commission of the offence.

2024, c.10, s.1

GENERAL PROVISIONS

Administration

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

Immunity

28No 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 or the Cannabis Retailers Licensing 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;

(c) any employee or former employee 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 or the Cannabis Retailers Licensing Act.

2022, c.5, s.4

Analyst

2024, c.10, s.1

28.1(1)The Minister may appoint or designate qualified persons as analysts for the purpose of this Act.

28.1(2)In a prosecution for an offence under this Act or the regulations, a certificate of analysis of any substance or material purporting to be signed by an analyst is, without proof of the analyst’s appointment, authority or signature, admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in the certificate.

2024, c.10, s.1

Regulations

29The 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);

(c) prescribing measures for the purposes of section 10;

(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

30Section 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

31Section 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.

N.B. This Act, with the exception of paragraph 7(3)(c) and subsection 7(6), was proclaimed and came into force October 17, 2018.

N.B. This Act is consolidated to June 7, 2024.

Column 1		Column 2
Section		Category of Offence
	6(2) ..............		C
	6(3) ..............		C
	6(4) ..............		C
	7(4) ..............		B
	7(5) ..............		C
	7(5.1) ..............		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
	22.1(2)..............		J
	23(4)(e)..............		E
	23(6) ..............		E
	25..............		E

2018, c.2 - Cannabis Control Act

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