Cannabis Act (S.C. 2018, c. 16)

Marginal note:Imprisonment

55 Only an individual who is unwilling though able to pay a fine or the amount of a victim surcharge imposed in respect of a conviction referred to in subsection 53(1) or a fine imposed in respect of a conviction referred to in section 54 may be imprisoned in default of its payment.

Marginal note:Licences, permits, etc.

55.1 If the amount to be paid under this Part is owed to Her Majesty in right of Canada, the person responsible, by or under an Act or ordinance of the legislature of a territory, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine or fee is paid in full, proof of which lies on the offender.

Marginal note:Exclusion of laying information

56 No information under the Criminal Code may be laid in respect of an offence for which a summons portion of a ticket is delivered or sent.

Marginal note:Application of Criminal Code

57 Except where otherwise provided by this Part, Part XXVII of the Criminal Code applies to proceedings commenced under this Part.

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.

Marginal note:Agreements

59 The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent or mandatary of any such authority respecting, in particular, the following matters:

• (a) the prosecution of offences commenced under this Part; and

• (b) the discharge and enforcement of fines and fees referred to in this Part in respect of offences that are alleged to have been committed in or that are otherwise within the territorial jurisdiction of the courts of the province.

Marginal note:Compensation agreements

• 60 (1) The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority

  • (a) respecting the sharing with that province or authority of the amounts in respect of fines and fees that are collected in respect of the prosecution of offences commenced under this Part, for the purpose of Canada compensating that province or authority, in whole or in part, for the administration and enforcement of this Part; and

  • (b) despite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines and fees referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.

• Marginal note:Deemed not public money

  (2) The fees imposed under the laws of a province in respect of offences under Division 1 of Part 1 are deemed not to be public money for the purposes of the Financial Administration Act.

• Marginal note:Appropriation by Parliament

  (3) All or a portion of the amount of fines and fees referred to in paragraph (1)(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.

PART 3Licences and Permits

Marginal note:Applications for licences and permits

• 61 (1) For the purposes of exercising his or her power under subsection 62(1) to issue or renew licences and permits, the Minister may, by order,

  • (a) establish classes of applications;

  • (b) establish conditions, by class of application or otherwise, that must be met before or during the consideration of an application;

  • (c) establish an order, by class of application or otherwise, for the consideration of applications; and

  • (d) provide for the disposition of applications, including those made by an applicant subsequent to the applicant’s first application.

• Marginal note:No decision

  (2) The fact that an application is retained, returned or disposed of without being considered does not constitute a decision in respect of the application.

• Marginal note:Clarification — pending applications

  (3) For greater certainty, an order made under subsection (1) also applies in respect of applications in respect of which no final decision had been made by the Minister before the making of the order.

• Marginal note:Clarification — other powers

  (4) Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which applications are considered.

Marginal note:Authority to issue, renew and amend

• 62 (1) Subject to orders made under subsection 61(1), the regulations and subsection (2), the Minister may, on application, issue, renew or amend licences and permits that authorize the importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession or disposal of cannabis or any class of cannabis.

• Marginal note:Limitation — importation and exportation

  (2) Licences and permits authorizing the importation or exportation of cannabis may be issued only in respect of cannabis for medical or scientific purposes or in respect of industrial hemp.

• Marginal note:Application

  (3) An application for a licence or permit, or for its renewal or amendment, must be filed with the Minister in the form and manner specified by the Minister and set out the information required by the Minister, including financial information and any information required by the regulations.

• Marginal note:Financial information

  (4) For the purposes of subsection (3), financial information in respect of an organization includes information about its shareholders or members and who controls it, directly or indirectly.

• Marginal note:Additional information

  (5) The Minister may, on receiving an application, require the submission of any additional information, including financial information, that pertains to the information contained in the application and that is necessary for the Minister to consider the application.

• Marginal note:Refusal to consider

  (6) The Minister may refuse to consider an application if any information required to be provided under any of subsections (3) to (5) is not provided.

• Marginal note:Grounds for refusal

  (7) The Minister may refuse to issue, renew or amend a licence or permit if

  • (a) the issuance, the renewal or the amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity;

  • (b) there are reasonable grounds to believe that false or misleading information or false or falsified documents were submitted in, or in support of, the application;

  • (c) the applicant has contravened in the past 10 years a provision of this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act or of any regulation made under this Act or any of those Acts;

  • (d) there are reasonable grounds to believe that the applicant has contravened in the past 10 years

    • (i) an order made under this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act, or

    • (ii) a condition of another licence or permit issued to the applicant under this Act or any of those Acts;

  • (e) the applicant is

    • (i) a young person,

    • (ii) an individual who is not ordinarily resident in Canada, or

    • (iii) an organization that was incorporated, formed or otherwise organized outside Canada;

  • (f) a security clearance in respect of the application has been refused or cancelled;

  • (g) the Minister is of the opinion that it is in the public interest to do so; or

  • (h) any prescribed grounds for refusal exist.

• Marginal note:Notice of refusal

  (8) If the Minister refuses to issue, renew or amend a licence or permit, he or she must send the applicant a notice in writing that sets out the reasons for the refusal.

• Marginal note:Conditions — regulations

  (9) Every licence or permit is subject to the conditions set out in regulations made under paragraph 139(1)(g).

• Marginal note:Conditions — Minister

  (10) Subject to the regulations, the Minister may make a licence or permit subject to any conditions that he or she considers appropriate.

Marginal note:Amendment on own initiative

• 63 (1) The Minister may, in accordance with the regulations, on his or her own initiative, amend a licence or permit if he or she is of the opinion that the amendment is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity.

• Marginal note:Notice of proposed amendment

  (2) If the Minister proposes to amend a licence or permit on his or her own initiative, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed amendment and give the holder an opportunity to be heard.

Marginal note:Suspension

• 64 (1) Subject to the regulations, the Minister may suspend a licence or permit without prior notice to its holder in respect of any or all authorized activities in relation to any cannabis specified by the Minister if

  • (a) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity; or

  • (b) any prescribed circumstance exists.

• Marginal note:Notice of suspension

  (2) If a licence or permit is suspended under subsection (1), the suspension takes effect as soon as the Minister provides the holder with a notice in writing of the suspension. The notice must also set out the reasons for the suspension.

• Marginal note:Opportunity to be heard

  (3) The holder may, within 10 days after receipt of the notice under subsection (2), provide the Minister with reasons why the holder believes the suspension is unfounded.

• Marginal note:Reinstatement

  (4) The Minister must, by notice to the holder, reinstate a licence or permit in respect of any or all activities or cannabis affected by the suspension if the reasons for the suspension no longer exist or the holder demonstrates to the Minister that the suspension was unfounded.