Order Fixing August 1, 2019 as the Day on which that Act Comes into Force: SI/2019-78

Canada Gazette, Part II, Volume 153, Number 17

Registration

SI/2019-78 August 21, 2019

AN ACT TO PROVIDE NO-COST, EXPEDITED RECORD SUSPENSIONS FOR SIMPLE POSSESSION OF CANNABIS

Order Fixing August 1, 2019 as the Day on which that Act Comes into Force

P.C. 2019-1120 July 28, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 9 of An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, chapter 20 of the Statutes of Canada, 2019, fixes August 1, 2019 as the day on which that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to section 9 of An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, this Order fixes August 1, 2019, as the day on which the Act comes into force.

Objective

The objective of this Order is to bring into force Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, which amends the Criminal Records Act (CRA).

Background

Bill C-45, the Cannabis Act, came into force on October 17, 2018. The Cannabis Act created a process to regulate the production, distribution and possession of cannabis. Individual possession of cannabis, which had been an offence under the Controlled Drugs and Substances Act (CDSA), has been legalized for adults in any amount in a private dwelling, and up to 30 g in public places for adults.

Following the legalization of cannabis for recreational use in Canada, the Government committed to providing recourse to individuals who were convicted of simple possession of cannabis under the CDSA or the Narcotic Control Act. On June 21, 2019, Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis received royal assent. The Act, which will ensure that convictions for simple possession of cannabis will not create barriers to accessing the record suspension program, must be brought into force by order in council.

Implications

This Order will bring into force An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, which amends the CRA to enhance access to record suspensions for individuals convicted of simple possession of cannabis.

The amendments to the CRA waive the record suspension application waiting period and $631 application fee payable to the Receiver General of Canada for individuals only convicted of simple possession of cannabis. Individuals with only convictions for simple possession of cannabis would be immediately eligible to apply for a record suspension provided that they have completed their sentence (if applicable), excluding the payment of any fines or victim surcharges related to the conviction for simple possession of cannabis. In addition, the amendments to the CRA provide that such a record suspension may not be revoked by the Parole Board of Canada (PBC) should the PBC receive information that the individuals are no longer of good conduct.

For individuals with convictions for simple possession of cannabis as well as other offences on their criminal record, the amendments to the CRA ensure that the waiting period associated with the simple possession of cannabis conviction will not prevent them from accessing the record suspension program. Similarly, such individuals would not have to pay the applicable fines or victim surcharges associated with the simple possession of cannabis conviction prior to being eligible for a record suspension. The amendments to the CRA will also ensure that a conviction for the simple possession of cannabis will not be considered by the PBC in the decision-making process.

Record suspensions help to reduce the barriers criminal convictions may create to accessing employment, housing, and educational opportunities. At the federal level, and in some provinces and territories, it is against the law to discriminate on the basis of convictions for which a record suspension has been ordered.

Gender-based analysis plus

Once An Act to provide no-cost, expedited record suspensions for simple possession of cannabis comes into force, it is expected the streamlined record suspension process will benefit marginalized populations, including persons living in poverty or on a low income, as well as persons in racialized or Indigenous communities, who are overrepresented in the criminal justice system and in the number of individuals charged and convicted for cannabis possession. Allowing individuals to apply for a record suspension prior to paying their fine or victim surcharge would positively affect low-income adults with criminal convictions for simple possession of cannabis who may have been unable to apply due to unpaid fine or victim surcharge.

The proposed amendments are expected to be funded through resources provided in Budget 2019, which allocated $2.2 million in support of the implementation of the expedited process.

Consultation

The development of Bill C-93 included public online and in-person stakeholder consultations, with provincial and territorial representatives, which took place in the fall of 2016. The public and other stakeholders generally supported shorter waiting periods before becoming eligible for a record suspension for minor offences such as cannabis possession.

In May 2019, discussions were held with the Public Prosecution Service of Canada (PPSC) and the provincial Crown of Quebec and New Brunswick, which also prosecutes simple possession of cannabis offences. The PPSC and the provincial partners indicated general support for waiving the requirement to pay fines or victim surcharges in advance of a record suspension provided the requirement to pay any applicable fine or victim surcharge remained.

Bill C-93 was developed in consultation with the PBC and the Royal Canadian Mounted Police (RCMP). Both organizations support and are prepared to implement the changes proposed in An Act to provide no-cost, expedited record suspensions for simple possession of cannabis.

Standing Committee on Public Safety and National Security

Through the study of the Bill by the House of Commons Standing Committee on Public Safety and National Security (SECU), witnesses from various stakeholders were provided the opportunity to testify. In general, testimony focused on the need to better support marginalized populations to ensure that records for simple possession of cannabis do not continue to create barriers to reintegration. In addition, stakeholders identified opportunities to strengthen the Bill, and a number of amendments to the Bill were made to better ensure support for marginalized populations (e.g. waiving the requirement to pay fines prior to application).

Standing Committee on Legal and Constitutional Affairs

Through the study of the Bill by the Senate Standing Committee on Legal and Constitutional Affairs (LCJC), witnesses from various stakeholders were provided the opportunity to testify. In general, testimony again focused on the need to better support marginalized populations to ensure that records for simple possession of cannabis do not continue to create barriers to reintegration. While some opportunities to strengthen the Bill were discussed, no amendments were proposed.

Departmental contact

Mrs. Angela Connidis
Director General
Crime Prevention, Corrections and Criminal Justice Directorate
Public Safety Canada
Telephone: 613‑991‑2952