GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Act — C-24.5 51
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. 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.
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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.
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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. 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. 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.
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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. 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.
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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.
Cannabis Act — C-24.5 55.1
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.
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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.
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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.
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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 . 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. 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. 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 .
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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.
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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. 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 . 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.
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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. 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. 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. 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.
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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. 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.
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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. 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. 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. 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.
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Revocation 65 Subject to the regulations, the Minister may revoke a licence or permit if (a) there are reasonable grounds to believe that it was issued on the basis of false or misleading information or false or falsified documents submitted in, or in support of, the application; (b) the holder has, since its issuance, contravened 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; (c) there are reasonable grounds to believe that the holder has, since its issuance, contravened (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 holder under this Act or any of those Acts; (d) information received from a peace officer, a competent authority or an international organization of states or any of its institutions raises reasonable grounds to believe that its holder has been involved in the diversion of cannabis, or of any controlled substance or precursor as those terms are defined in subsection 2(1) of the Controlled Drugs and Substances Act , to an illicit market or activity; (e) the holder is an individual who has, since its issuance, ceased to be ordinarily resident in Canada; (f) since the issuance of the licence or permit, a security clearance in respect of the licence or permit has been cancelled; (g) the Minister is of the opinion that it is in the public interest to revoke it; or (h) any prescribed circumstance exists.
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Notice of proposed revocation 66 If the Minister proposes to revoke a licence or permit, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed revocation and give the holder an opportunity to be heard.
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Security clearances 67 (1) Subject to the regulations, the Minister may grant or refuse to grant a security clearance or suspend or cancel a security clearance. Security clearance required by Minister (2) The Minister may specify, by name or position, any person — other than a person specified in the regulations — who must hold a security clearance if the Minister is of the opinion that the person (a) performs, has performed or is about to perform activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part; or (b) has, has had or is about to have custody, management or control of the place where activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part, are being or will be performed. Notice (3) If the Minister specifies that a person must hold a security clearance under subsection (2), the Minister must provide the applicant for, or the holder of, the licence or permit related to that person with a notice to that effect in writing.
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Termination of application 68 (1) The Minister may, by order, fix a date for the termination of applications of a class of applications for a licence or permit under section 62 and, if he or she does so, every application of that class is terminated at the expiry of that date if a final decision has not been made in respect of that application. Fees returned (2) Any fees paid in respect of an application that is terminated under subsection (1) must be returned, without interest, to the person that paid them. The amounts payable may be paid out of the Consolidated Revenue Fund. No recourse or indemnity (3) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).
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Provincially authorized selling 69 (1) A person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3). Application (2) Subsection (1) applies only if the provincial Act and the legislative measures are in force. Legislative measures (3) For the purposes of subsection (1), the legislative measures in a provincial Act that authorizes the selling of cannabis are the following in respect of persons authorized to sell cannabis: (a) they may sell only cannabis that has been produced by a person that is authorized under this Act to produce cannabis for commercial purposes; (b) they may not sell cannabis to young persons; (c) they are required to keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and (d) they are required to take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.
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Administration and enforcement activities — federal Acts 70 (1) Unless the regulations provide otherwise, every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of this Act or any other Act of Parliament is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform. Administration and enforcement activities — provincial Acts (2) Every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of any provincial Act that authorizes the selling of cannabis is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.
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Employees — this Act 71 (1) Unless the regulations provide otherwise, every employee of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization. Agents and mandataries — this Act (2) Unless the regulations provide otherwise, every person who is acting as the agent or mandatary of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization. Contractor — this Act (3) Unless the regulations provide otherwise, every person who is acting under a contract with a person that is authorized under this Act to possess, sell, distribute or produce cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.
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Employees — provincial Acts 72 (1) Every employee of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization. Agents and mandataries — provincial Acts (2) Every person who is acting as the agent or mandatary of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8, 9 or 10 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization. Contractor — provincial Acts (3) Every person who is acting under a contract with a person that is authorized under a provincial Act to sell cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by section 8, 9 or 10 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.
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Provision of information 73 (1) The Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to provide the Minister with any information that the Minister considers necessary (a) to address an issue of public health or public safety; or (b) to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations. Contents (2) The order must include a statement of the reasons for the making of the order and specify the information to be provided and the time and manner in which it is to be provided.
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Tests and studies 74 (1) For the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations or to address an issue of public health or public safety, the Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to (a) conduct tests or studies on the cannabis to which their activities relate or that they are authorized to sell, as the case may be, in order to obtain the information that the Minister considers necessary; and (b) provide the Minister with that information and the results of the tests or studies. Contents (2) The order must (a) include a statement of the reasons for the making of the order; (b) specify the tests or studies that are to be conducted; (c) specify the information that is to be provided; and (d) specify the time and manner in which (i) the tests or studies are to be conducted, and (ii) the information and the results of the tests or studies are to be provided.