Cannabis Act (S.C. 2018, c. 16)

Marginal note:Procedure

• 51 (1) In addition to the procedures set out in the Criminal Code, proceedings referred to in subsection (2) against an individual who is 18 years of age or older or an organization may be commenced by a peace officer

  • (a) completing a ticket that consists of a summons portion and an information portion;

  • (b) in the case of proceedings against an individual, delivering the summons portion of the ticket to the accused;

  • (c) in the case of proceedings against an organization, sending the summons portion of the ticket, or delivering it, to the organization in accordance with the regulations; and

  • (d) filing the information portion of the ticket with a court of criminal jurisdiction before or as soon as feasible after the summons portion has been delivered or sent.

• Marginal note:Proceedings

  (2) The proceedings for the purposes of subsection (1) are the following:

  • (a) proceedings in respect of an offence arising out of the contravention of paragraph 8(1)(a) or (b) or any of subparagraphs 9(1)(a)(i), (iii) and (iv) in respect of cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to 50 g or less of dried cannabis;

  • (b) proceedings against an individual who is 18 years of age or older in respect of an offence arising out of the contravention of paragraph 8(1)(e) or subparagraph 9(1)(c)(ii) in respect of five or six cannabis plants;

  • (c) proceedings in respect of an offence arising out of the contravention of subsection 9(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of distributing it contrary to any of subparagraphs 9(1)(a)(i), (iii) and (iv);

  • (d) proceedings against an individual in respect of an offence arising out of the contravention of paragraph 10(1)(a) or (c) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;

  • (e) proceedings against an individual in respect of an offence arising out of the contravention of subsection 10(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of selling it contrary to paragraph 10(1)(a) or (c);

  • (f) proceedings against an individual in respect of an offence arising out of the contravention of paragraph 12(1)(a) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;

  • (g) proceedings in respect of an offence arising out of the contravention of paragraph 12(4)(b) in respect of five or six cannabis plants;

  • (h) proceedings in respect of an offence arising out of the contravention of subsection 12(5) in respect of one or two cannabis plants; and

  • (i) proceedings in respect of an offence arising out of the contravention of section 44 in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)(z.6).

• Marginal note:Content of ticket

  (3) The summons and information portions of the ticket must set out

  • (a) a description of the offence and the time and place of its alleged commission;

  • (b) a statement, signed by the peace officer who completes the ticket, that the peace officer has reasonable grounds to believe that the accused committed the offence;

  • (c) an amount equal to the amount, determined under subsection (4), to be paid for the offence;

  • (d) the manner in which and period within which the amount is to be paid;

  • (d.1) a lesser amount than the amount determined under subsection (4) that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (d);

  • (e) a statement that if the accused pays the amount within the period referred to in paragraph (d) or (d.1),

    • (i) a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,

    • (ii) the judicial record of the accused in respect of the offence will not be used for any purpose that would identify the accused as a person dealt with under this Act, and

    • (iii) if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty;

  • (f) a statement that if the accused wishes to plead not guilty, the accused must appear in the court, at the place, day and time set out in the ticket;

  • (g) a statement that if the accused pleads not guilty, he or she will be given an opportunity to indicate in which official language he or she wishes to be tried; and

  • (h) a statement that if the accused does not enter a plea and does not pay the amount within the period referred to in paragraph (d) or (d.1)

    • (i) a conviction will be entered in the judicial record of the accused, and

    • (ii) if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty.

• Marginal note:Amount

  (4) For the purpose of paragraph (3)(c), the amount is

  • (a) for an offence referred to in any of paragraphs (2)(a) to (h), $200 plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees; and

  • (b) for an offence in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)(z.6), the amount specified in those regulations in respect of that offence plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees.