Basic Search

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

  • [...]

  • (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.

• [...]

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

  • [...]

  • (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

  • [...]

  • (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

• (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.

Marginal note:Power to enter

• 86 (1) Subject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds

  • [...]

  • (b) any record, report, electronic data or other document relating to the administration of this Act or the regulations is located;

  • (c) any record, report, electronic data or other document relating to the promotion of cannabis, a cannabis accessory or a service related to cannabis is located;

• (2) The inspector may in the place entered under subsection (1)

  • [...]

  • (c) examine any record, report, electronic data or other document, or any label or promotional material, found in the place with respect to cannabis, other than the records of the medical condition of individuals, and make copies of them or take extracts from them;

  • [...]

  • (f) take the record, report or other document, or the label or promotional material, referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

  • [...]

  • (h) take photographs and make recordings and sketches;

• [...]

• Marginal note:Means of telecommunication

  (10) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

[...]

Marginal note:Notice

• 98 (1) If all or part of the property that would otherwise be forfeited under subsection 94(1) or 95(2) is a dwelling-house, before making an order of forfeiture, a court must require notice in accordance with subsection (2) to be given to, and may hear, any individual who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted or discharged under section 730 of the Criminal Code of the indictable offence under this Act in relation to which the property would be forfeited.

• [...]

• Marginal note:Non-forfeiture of real property or immovables

  (3) Subject to an order made under subsection 97(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 94(1) or 95(2) in respect of real property or immovables would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted or discharged under section 730 of the Criminal Code of the offence, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

Marginal note:Election of Attorney General

• [...]

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

  • [...]

  • (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

• 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:Consequences of being convicted

• [...]

• 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.