- (a) to be released on his own recognizance to keep the peace and be of good behaviour, or
- (b) to be released on or comply with the conditions prescribed in a probation order; ( période de probation )
means possession within the meaning of subsection 4(3) of the Criminal Code ; ( possession )
means a measure ordered by the Board under section 4.1; ( suspension du casier )
has the same meaning as in the Criminal Code , but does not include an order made under section 109, 110, 161 or 320.24 of that Act or subsection 147.1(1) of the National Defence Act ; ( peine )
has the same meaning as in subsection 2(1) of the National Defence Act . ( infraction d’ordre militaire )
- R.S., 1985, c. C-47, s. 2
- R.S., 1985, c. 1 (4th Supp.), s. 45(F)
- 1992, c. 22, s. 1
- 1995, c. 39, ss. 166, 191, c. 42, s. 77
- 2005, c. 10, s. 34
- 2010, c. 5, ss. 7.1(E), 7.3(F)
- 2012, c. 1, ss. 109, 160
- 2018, c. 21, s. 40
- 2019, c. 20, s. 1
Parole Board of Canada
Marginal note: Jurisdiction of the Board
- 2.1 (1) The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.
- Marginal note: Employees of Board (2) The powers, duties and functions of the Board related to an application referred to in subsection 4(3.1) shall be exercised by employees of the Board or any class of its employees.
- 1992, c. 22, s. 2
- 2010, c. 5, ss. 7.2(E), 7.5(F)
- 2012, c. 1, s. 110
- 2019, c. 20, s. 2
Marginal note: Quorum
- 2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board.
- Marginal note: Panel of two or more persons (2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.
- 1992, c. 22, s. 2
- 2012, c. 1, s. 111
Effect of Record Suspension
Marginal note: Effect of record suspension
2.3 A record suspension
- (a) is evidence of the fact that
- (i) the Board, after making the inquiries referred to in paragraph 4.2(1)(b), was satisfied that the applicant was of good conduct, and
- (ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and
- (i) section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code ,
- (ii) section 259 of the Criminal Code , as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,
- (iii) subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act ,
- (iv) section 734.5 or 734.6 of the Criminal Code or section 145.1 of the National Defence Act , in respect of any fine or victim surcharge imposed for any offence referred to in Schedule 3, or
- (v) section 36.1 of the International Transfer of Offenders Act .
- 2012, c. 1, s. 112
- 2018, c. 21, s. 41
- 2019, c. 20, s. 3
Application for Record Suspension
Marginal note: Application for record suspension
- 3 (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act , who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty.
- Marginal note: Transfer of offenders (2) For the purposes of this Act, the offence of which a Canadian offender within the meaning of the International Transfer of Offenders Act who has been transferred to Canada under that Act has been found guilty is deemed to be an offence that was prosecuted by indictment.
- R.S., 1985, c. C-47, s. 3
- 1992, c. 22, s. 3
- 2004, c. 21, s. 40
- 2012, c. 1, s. 114
Procedure
Marginal note: Restrictions on application for record suspension
- 4 (1) Subject to subsections (3.1) and (3.11), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:
- (a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act ; or
- (b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).
- (a) an offence referred to in Schedule 1; or
- (b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.
- (a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;
- (b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and
- (c) the person was less than five years older than the victim.
- R.S., 1985, c. C-47, s. 4
- R.S., 1985, c. 1 (4th Supp.), s. 45(F)
- 1992, c. 22, s. 4
- 2000, c. 1, s. 1(F)
- 2010, c. 5, s. 2
- 2012, c. 1, s. 115
- 2019, c. 20, s. 4
Marginal note: Exception — long-term supervision
4.01 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act , is not included in the calculation of the period referred to in subsection 4(1).
- 1997, c. 17, s. 38
- 2012, c. 1, s. 115
Marginal note: Record suspension
- 4.1 (1) Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, if the Board is satisfied that
- (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and
- (b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.
- (a) the nature, gravity and duration of the offence;
- (b) the circumstances surrounding the commission of the offence;
- (c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and
- (d) any factor that is prescribed by regulation.
- 1992, c. 22, s. 4
- 2010, c. 5, s. 3
- 2012, c. 1, s. 116
- 2019, c. 20, s. 5
Marginal note: Inquiries
- 4.2 (1) On receipt of an application for a record suspension, the Board
- (a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;
- (b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and
- (c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.
- 1992, c. 22, s. 4
- 2000, c. 1, s. 2
- 2010, c. 5, s. 4
- 2012, c. 1, s. 117
- 2019, c. 20, s. 6
Marginal note: Expiration of sentence
4.3 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account
- (a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or
- (b) any remission that stands to the credit of the offender in respect of the offence.
- 1992, c. 22, s. 4
Marginal note: Functions of Executive Committee
4.4 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.
- 2012, c. 1, s. 118
5 [Repealed, 2012, c. 1, s. 119]
Custody of Records
Marginal note: Records to be delivered to Commissioner
- 6 (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.
- Marginal note: Records to be kept separate and not be disclosed (2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. Subject to subsection (2.1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister.
- Marginal note: Limited disclosure (2.1) The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.5 and 734.6 of the Criminal Code or section 145.1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3.
- Marginal note: Approval for disclosure (3) The Minister shall, before granting the approval for disclosure referred to in subsection (2), satisfy himself that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.
- Marginal note: Information in national DNA data bank (4) For greater certainty, a judicial record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act .
- R.S., 1985, c. C-47, s. 6
- 1998, c. 37, s. 25
- 2000, c. 1, s. 5(E)
- 2010, c. 5, s. 7.1(E)
- 2012, c. 1, s. 120
- 2019, c. 20, s. 6.1
Marginal note: Discharges
- 6.1 (1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if
- (a) more than one year has elapsed since the offender was discharged absolutely; or
- (b) more than three years have elapsed since the day on which the offender was ordered discharged on the conditions prescribed in a probation order.
- 1992, c. 22, s. 6
- 1995, c. 22, s. 17(E)
- 2019, c. 27, s. 37(E)
Marginal note: Disclosure to police forces
6.2 Despite sections 6 and 6.1, the name, date of birth and last known address of a person whose record is suspended under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found
- (a) at the scene of a crime during an investigation of the crime; or
- (b) during an attempt to identify a deceased person or a person suffering from amnesia.
- 1992, c. 22, s. 6
- 2012, c. 1, s. 121
- 6.3 (1) In this section, means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,
- (a) is in a position of dependency on others; or
- (b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.
- (a) the position is one of trust or authority towards that child or vulnerable person; and
- (b) the applicant has consented in writing to the verification.
- 2000, c. 1, s. 6
- 2010, c. 5, s. 6
- 2012, c. 1, s. 122
Marginal note: Operation of section 6.3
6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a record suspension has been ordered regardless of the date of the conviction.
- 2000, c. 1, s. 6
- 2010, c. 5, ss. 7.1(E), 7.4(F)
- 2012, c. 1, s. 123
Revocation
Marginal note: Revocation of record suspension
7 A record suspension may be revoked by the Board
- (a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)(b), other than an offence referred to in subparagraph 7.2(a)(ii);
- (b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or
- (c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application.
- R.S., 1985, c. C-47, s. 7
- 1992, c. 22, s. 7
- 2010, c. 5, s. 7.1(E)
- 2012, c. 1, s. 124
Marginal note: Entitlement to make representations
- 7.1 (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.
- Marginal note: Board to consider representations (2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person under subsection (1).
- 1992, c. 22, s. 7
- 2000, c. 1, s. 7
- 2010, c. 5, s. 7.1(E)
- 2012, c. 1, s. 125
Marginal note: Cessation of effect of record suspension
7.2 A record suspension ceases to have effect if
- (a) the person to whom it relates is subsequently convicted of
- (i) an offence referred to in paragraph 4(1)(a), or
- (ii) an offence under the Criminal Code other than an offence under subsection 320.14(1) or 320.15(1) of that Act — or under the Cannabis Act , the Controlled Drugs and Substances Act , the Firearms Act , Part III or IV of the Food and Drugs Act or the Narcotic Control Act , chapter N-1 of the Revised Statutes of Canada, 1985 — that is punishable either on conviction on indictment or on summary conviction; or
- 1992, c. 22, s. 7
- 2000, c. 1, s. 7
- 2010, c. 5, ss. 6.1(E), 7.1(E), 7.3(F)
- 2012, c. 1, s. 126
- 2018, c. 16, ss. 165, 193, c. 21, s. 42
General
Marginal note: Applications for employment
8 No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:
- (a) employment in any department as defined in section 2 of the Financial Administration Act ;
- (b) employment by any Crown corporation as defined in section 83 of the Financial Administration Act ;
- (c) enrolment in the Canadian Forces; or
- (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.
- R.S., 1985, c. C-47, s. 8
- 1992, c. 22, s. 8
- 2010, c. 5, s. 7.1(E)
- 2012, c. 1, s. 127
Marginal note: Saving of other pardons
9 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that sections 6 and 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.
- R.S., 1985, c. C-47, s. 9
- 1992, c. 22, s. 9
Marginal note: Disclosure of decisions
9.01 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.
- 2012, c. 1, s. 128
Marginal note: Regulations
9.1 The Governor in Council may make regulations
- (a) respecting the making of notations in respect of records of conviction, and the verification of such records, for the purposes of section 6.3;
- (b) prescribing the factors that the Minister must have regard to in considering whether to authorize a disclosure under this Act of a record of a conviction;
- (c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);
- (c.1) prescribing factors for the purposes of paragraph 4.1(3)(d);
- (c.2) respecting the disclosure of decisions under section 9.01; and
- (d) generally for carrying out the purposes and provisions of this Act.
- 1992, c. 22, s. 9
- 2000, c. 1, s. 8
- 2010, c. 5, s. 7
- 2012, c. 1, s. 129
Offences
Marginal note: Offence and punishment
10 Any person who contravenes any provision of this Act is guilty of an offence punishable on summary conviction.
- R.S., c. 12 (1st Supp.), s. 10
Report to Parliament
Marginal note: Annual report
- 11 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report for that year containing the following information:
- (a) the number of applications for record suspensions made in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);
- (b) the number of record suspensions that the Board ordered or refused to order, in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);
- (c) the number of record suspensions ordered, categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and
- (d) any other information required by the Minister.
- 2012, c. 1, s. 130
SCHEDULE 1 (Subsections 4(2), (3) and (5))
- 1 Offences
- (a) under the following provisions of the Criminal Code :
- (i) section 151 (sexual interference with a person under 16),
- (ii) section 152 (invitation to a person under 16 to sexual touching),
- (iii) section 153 (sexual exploitation of a person 16 or more but under 18),
- (iv) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality),
- (v) section 163.1 (child pornography),
- (vi) section 170 (parent or guardian procuring sexual activity),
- (vii) section 171 (householder permitting sexual activity),
- (vii.1) paragraph 171.1(1)(a) (making sexually explicit material available to child under 18 for purposes of listed offences),
- (vii.2) paragraph 171.1(1)(b) (making sexually explicit material available to child under 16 for purposes of listed offences),
- (vii.3) paragraph 171.1(1)(c) (making sexually explicit material available to child under 14 for purposes of listed offences),
- (viii) section 172 (corrupting children),
- (ix) section 172.1 (luring a child),
- (ix.1) paragraph 172.2(1)(a) (agreement or arrangement — listed sexual offence against child under 18),
- (ix.2) paragraph 172.2(1)(b) (agreement or arrangement — listed sexual offence against child under 16),
- (ix.3) paragraph 172.2(1)(c) (agreement or arrangement — listed sexual offence against child under 14),
- (x) subsection 173(2) (exposure),
- (xi) to (xiii) [Repealed, 2014, c. 25, s. 35]
- (xiv) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences),
- (xv) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence),
- (xvi) paragraph 273.3(1)(c) (removal of child under 18 from Canada for purposes of listed offences),
- (xvi.1) section 279.011 (trafficking — person under 18 years),
- (xvi.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
- (xvi.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
- (xvi.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
- (xvi.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),
- (xvi.6) subsection 286.3(2) (procuring — person under 18 years),
- (xvii) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xvi), and
- (xviii) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xvi);
- (i) subsection 146(1) (sexual intercourse with a female under 14),
- (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16),
- (iii) section 151 (seduction of a female 16 or more but under 18),
- (iv) section 166 (parent or guardian procuring defilement), and
- (v) section 167 (householder permitting defilement);
- (i) subsection 212(2) (living on the avails of prostitution of person under 18 years),
- (ii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and
- (iii) subsection 212(4) (prostitution of person under 18 years);
- (a) involving a child under the following provisions of the Criminal Code :
- (i) section 153.1 (sexual exploitation of a person with a disability),
- (ii) section 155 (incest),
- (iii) section 162 (voyeurism),
- (iv) subsection 163(1) (obscene materials),
- (v) paragraph 163(2)(a) (obscene materials),
- (vi) section 168 (mailing obscene matter),
- (vii) subsection 173(1) (indecent acts),
- (viii) section 271 (sexual assault),
- (ix) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm),
- (x) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm),
- (xi) section 273 (aggravated sexual assault),
- (xii) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xi), and
- (xiii) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xi);
- (i) section 153 (sexual intercourse with stepdaughter, etc., or female employee), and
- (ii) section 157 (gross indecency);
- (i) section 144 (rape),
- (ii) section 145 (attempt to commit rape),
- (iii) section 149 (indecent assault on female),
- (iv) section 156 (indecent assault on male),
- (v) section 245 (common assault), and
- (vi) subsection 246(1) (assault with intent to commit an indictable offence);
- 2010, c. 5, s. 9
- 2012, c. 1, ss. 49, 131 to 133
- 2014, c. 25, s. 35
- 2018, c. 29, s. 76
SCHEDULE 2 (Subsections 6.3(2) and (9))
- 1 Offences
- (a) under the following provisions of the Criminal Code :
- (i) section 153.1 (sexual exploitation of a person with a disability),
- (ii) section 155 (incest),
- (iii) section 162 (voyeurism),
- (iv) subsection 163(1) (obscene materials),
- (v) paragraph 163(2)(a) (obscene materials),
- (vi) section 168 (mailing obscene matter),
- (vii) subsection 173(1) (indecent acts),
- (viii) section 271 (sexual assault),
- (ix) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm),
- (x) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm),
- (xi) section 273 (aggravated sexual assault),
- (xii) section 280 (abduction of a person under 16),
- (xiii) section 281 (abduction of a person under 14),
- (xiv) subsection 372(2) (indecent phone calls),
- (xv) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xiv), and
- (xvi) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xiv); and
- (a) under the following provisions of the Criminal Code , R.S.C. 1970, c. C-34, as that Act read before January 1, 1988:
- (i) subsection 146(1) (sexual intercourse with a female under 14),
- (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16),
- (iii) section 151 (seduction of a female 16 or more but under 18),
- (iv) section 153 (sexual intercourse with stepdaughter, etc., or female employee), and
- (v) section 157 (gross indecency); and
- (a) under the following provisions of the Criminal Code , R.S.C. 1970, c. C-34, as that Act read before January 4, 1983:
- (i) section 144 (rape),
- (ii) section 145 (attempt to commit rape),
- (iii) section 149 (indecent assault on female),
- (iv) section 156 (indecent assault on male),
- (v) section 245 (common assault), and
- (vi) subsection 246(1) (assault with intent to commit an indictable offence); and
- R.S., 1985, c. C-47, Sch.
- 1992, c. 22, s. 10
- 2000, c. 1, s. 8.1
- 2008, c. 6, s. 58
- 2010, c. 5, s. 8
- 2012, c. 1, s. 134
- 2018, c. 29, s. 77
SCHEDULE 3 (Subsections 4(3.1) and (5)) Cannabis Offences
- 1 Offences
- (a) under subsection 4(4) or (5) of the Controlled Drugs and Substances Act , as it read from time to time before October 17, 2018, for possession of a substance included in Item 1 of Schedule II to that Act, except for similar synthetic preparations of cannabis, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained;
- (b) under subsection 3(2) of the Narcotic Control Act , chapter N-1 of the Revised Statutes of Canada, 1985, as it read from time to time before May 14, 1997, for possession of a substance included in Item 3 of the schedule to that Act, except for similar synthetic preparations of cannabis sativa, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained; and
- (c) under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in paragraph (a) or (b).
- (a) under the following provisions of the Criminal Code :
- (a) under the following provisions of the Criminal Code :