Cannabis Act (S.C. 2018, c. 16)

Marginal note:Election of Attorney General

• 58 (1) If a proceeding in respect of an offence referred to in any of paragraphs 51(2)(a) to (j) is commenced by the laying of an information, the Attorney General may elect that the proceeding be dealt with and disposed of as if it had been commenced under section 51.

• Marginal note:Notice

  (2) If the election is made, the clerk of the court must provide the accused with a notice that sets out

  • (a) an amount equal to the amount, determined under paragraph 51(4)(a) or (b), as the case may be, to be paid for the offence;

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

  • (b.1) a lesser amount than the amount determined under paragraph 51(4)(a) or (b), as the case may be, 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 (b);

  • (c) a statement that if the accused pays the amount within the period referred to in paragraph (b) or (b.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;

  • (d) a statement that if the accused wishes to plead not guilty or fails to pay the amount within the period referred to in paragraph (b) or (b.1), the accused must appear in the court at the place, day and time set out in the notice; and

  • (e) a statement that if the accused pleads not guilty, an opportunity will be provided for the accused to indicate in which official language the accused wishes to be tried.

• Marginal note:Effect on conditions

  (3) All conditions imposed on the accused in an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI or XXVII of the Criminal Code in relation to the offence cease to have effect when the accused is notified that the Attorney General has made the election.

• Marginal note:Deemed ticket

  (4) The document and the information laid in respect of the offence are deemed to be a ticket delivered or sent under section 51.