2 years less a day and a fine of up to $5,000 (default summary conviction penalty)
This is not an offence. It supplies the default penalty for any summary conviction offence where no other penalty is written into the law: a fine of up to $5,000, imprisonment for up to two years less a day, or both. Two consequences follow for admissibility. First, a single summary conviction does not by itself create criminality under IRPA s.36(2)(a), which needs an offence punishable by indictment or two offences not arising out of a single occurrence. Second, the two-years-less-a-day ceiling means a summary sentence can exceed six months, and a term of more than six months actually imposed is serious criminality under s.36(1)(a) whatever the offence was.
Not an offence either, this is the default penalty for anything prosecuted the lighter way where the law sets no other figure. The ceiling is 2 years less a day plus a fine of up to $5,000. That matters at the border because a summary sentence longer than six months makes a record serious criminality on its own, whatever the offence was.
(1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both. (2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.