Cannabis Act (S.C. 2018, c. 16)

Marginal note:Consequences of payment

52 Payment of the amount set out in the ticket by the accused within the period referred to in paragraph 51(3)(d) or (d.1) constitutes a plea of guilty to the offence described in the ticket and, following the payment,

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

• (b) the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act; and

• (c) if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty.

Marginal note:Consequences of being convicted

• 53 (1) If an accused pleads not guilty and the accused is convicted of the offence described in the ticket, the accused is liable to a fine of not more than $200, in the case of an offence referred to in any of paragraphs 51(2)(a) to (h) or, in the case of an offence in respect of a contravention of a provision specified in regulations made under paragraph 139(1)(z.6), to a fine of not more than the amount specified in those regulations in respect of that offence.

• Marginal note:Non-application of section 731

  (1.1) If the accused is convicted of the offence, no order is to be made under section 731 of the Criminal Code in respect of that conviction.

• Marginal note:Effect of payment

  (2) If the accused is convicted of the offence and the accused pays the amount owing in respect of the conviction, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.

Marginal note:Consequences of failing to pay fine

• 54 (1) If an accused fails to pay the amount set out in the ticket within the period referred to in paragraph 51(3)(d) or (d.1), the accused is liable for that amount and

  • (a) a conviction is to be entered in the judicial record of the accused;

  • (b) the conviction is deemed to have been pronounced by a court;

  • (c) if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty;

  • (d) the accused has 60 days after the day of the conviction to pay the amount set out in the ticket; and

  • (e) the amount set out in the ticket, other than the amount in relation to the applicable fees, is deemed to be the fine imposed by the court.

• Marginal note:Effect of payment or imprisonment

  (2) If, after being convicted, the accused pays the amount set out in the ticket or, if the accused is an individual, the accused has served, in full, any period of imprisonment imposed as a result of a default in payment of the amount of the fine imposed by the court, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.

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.