Law:Contraventions Act

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S.c. 1992, c. 47

Assented to 1992-10-15

An Act respecting contraventions of federal enactments

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Contraventions Act.


Interpretation

Definitions

2. In this Act,

“Attorney General”

« procureur général »

“Attorney General” means the Attorney General of Canada or the Attorney General of a province, and includes counsel or an agent exercising any of the powers or performing any of the duties and functions of the Attorney General for the purposes of the applicable laws of a province or this Act, as the case may be;

“contravention”

« contravention »

“contravention” means an offence that is created by an enactment and is designated as a contravention by regulation of the Governor in Council;

“contraventions court”

« tribunal des contraventions »

“contraventions court” means, in respect of a contravention alleged to have been committed in, or otherwise within the territorial jurisdiction of the courts of, a province, a court designated by order of the Governor in Council in respect of that province;

“enactment”

« texte »

“enactment” means any Act of Parliament or any regulation, rule, order, by-law or ordinance made under an Act of Parliament;

“enforcement authority”

« agent de l’autorité »

“enforcement authority” means, in respect of a contravention,

(a) any police officer or constable, including a special or auxiliary constable,

(b) the minister responsible for administering the enactment creating the contravention,

(c) any person, or member of a class of persons, designated by the minister responsible for administering the enactment creating the contravention, or

(d) the corporation or other body that made or is responsible for administering the enactment creating the contravention;

“fees”

« frais »

“fees” means any of the amounts provided for under paragraph 8(1)(e);

“forfeitable thing” (Repealed, 1996, c. 7, s. 1)

“Minister”

« ministre »

“Minister” means the Minister of Justice;

“prescribed”

« réglementaire »p“prescribed” means prescribed by regulation;

“ticket”

« procès-verbal »

“ticket” means a ticket issued under this Act;

“young person”

« adolescent »

“young person” means, in respect of a contravention, a person who, at the time of the contravention, is or, in the absence of evidence to the contrary, appears to be twelve years of age or more but under eighteen years of age;

“youth court”(Repealed, 2002, c. 1, s. 167)

“youth justice court”

« tribunal pour adolescents »

“youth justice court” means, in respect of a contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province, the court established or designated by or under an Act of the legislature of the province, or designated by the Governor in Council or lieutenant governor in council of the province, as the youth justice court for the purposes of the Youth Criminal Justice Act.

1992, c. 47, s. 2; 1996, c. 7, s. 1; 2002, c. 1, s. 167.

Previous Version

Her Majesty

Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.


Purpose

Purpose

4. The purposes of this Act are

(a) to provide a procedure for the prosecution of contraventions that reflects the distinction between criminal offences and regulatory offences and that is in addition to the procedures set out in the Criminal Code for the prosecution of contraventions and other offences; and

(b) to alter or abolish the consequences in law of being convicted of a contravention, in light of that distinction.


Relationship With Other Acts

Relationship with Criminal Code and Youth Criminal Justice Act

5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice Act apply to proceedings in respect of contraventions that are commenced under this Act, except to the extent that this Act, the regulations or the rules of court provide otherwise.

1992, c. 47, s. 5; 1996, c. 7, s. 2; 2002, c. 1, s. 168.

Previous Version6. (Repealed, 1996, c. 7, s. 3)

Relationship with arrest provisions

7. A power of arrest in respect of an offence that is conferred by an enactment may be exercised in respect of the offence even though the offence is designated as a contravention, but nothing in this Act confers or enlarges a power of arrest.


Designation Of Offences

Regulations

8. (1) The Governor in Council may, for the purposes of this Act, make regulations

(a) designating as contraventions offences created by any enactment, other than offences for which an offender may be prosecuted only on indictment;

(b) establishing short-form descriptions of contraventions;

(c) establishing, in respect of a contravention, an amount as the amount of the fine for the purposes of proceedings commenced by means of a ticket;

The following provision is not in force.(d) prescribing the form of tickets and other forms that may be used for the purposes of this Act;

(e) providing for the fees, costs, penalties and other amounts that

(i) shall be imposed in respect of a contravention, or

(ii) may be imposed in respect of a contravention,

in the circumstances prescribed, at any stage of the proceedings; and

(f) prescribing classes of contraventions for the purposes of this Act.

Fees

(1.1) Different fees may be provided for in respect of each province.

Revocation of designation

(2) For greater certainty, the Governor in Council may revoke the designation of an offence as a contravention.

Maximum fine

(3) An amount established under paragraph (1)(c) may not exceed the maximum amount established for the relevant offence by the enactment creating the offence.

Maximum fine for contraventions by young persons

(4) An amount established under paragraph (1)(c) in respect of a contravention, other than a contravention relating to parking a vehicle, may not exceed one hundred dollars, if the contravention is committed by a young person.

Minimum fine

(5) An amount established under paragraph (1)(c) may not be less than any minimum amount prescribed for the relevant offence by the enactment creating the offence.

Corporations and individuals

(6) Different amounts may be established under paragraph (1)(c) in respect of corporations and individuals committing the same contravention if the enactment creating the offence differentiates between them in prescribing the punishment for the offence.

Sufficiency of short-form description

(7) The use on a form prescribed under this Act of a short-form description established under paragraph (1)(b) or of a description that deviates from that description without affecting its substance is sufficient for all purposes to describe the contravention.

(8)�(Repealed, 1996, c. 7, s. 4)

1992, c. 47, s. 8; 1996, c. 7, s. 4.


Completion And Service Of Tickets

The following provision is not in force.Completion and service of ticket

9. (1) An enforcement authority who believes on reasonable grounds that a person has committed a contravention may, within thirty days after the day on which the contravention is believed to have been committed, complete a ticket in respect of that contravention and cause it to be served on the person.

Notes on all copies

(2) A ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.

The following provision is not in force.Service on individuals

10. (1) Service of a ticket on an individual must be personal and is effected by leaving a copy of it with the individual or, if the individual cannot conveniently be found, with a person who appears to be at least eighteen years of age at the last or usual place of residence of the individual.

Service on corporations

(2) Service of a ticket on a corporation is effected by

(a) leaving a copy of it with

(i) the clerk or the chairperson, mayor, warden, reeve or other chief officer, in the case of a municipal corporation, or

(ii) an officer or director or the person at any place of business of the corporation who appears to be in control or management of the place of business, in the case of a corporation other than a municipal corporation; or

(b) sending a copy of it by registered mail to the head office of the corporation.

Service on non-residents

(3) Service of a ticket on an individual who does not reside in Canada may be effected by sending a copy of it by registered mail to the last or usual place of residence of the individual.

Effective date

(4) Service of a ticket by registered mail is effective on the seventh day after the ticket is mailed.

11. (Repealed, 1996, c. 7, s. 5)

The following provision is not in force.Parking contraventions

12. (1) An enforcement authority who believes from personal knowledge that a person has committed a contravention relating to parking a vehicle may, at the time of the alleged contravention, complete a ticket in respect of that contravention and serve it on the person or the owner of the vehicle.

Notes on all copies

(2) A ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.

The following provision is not in force.Vicarious liability of vehicle owners

13. Where a contravention relating to parking a vehicle is committed, the owner of the vehicle is guilty of the like contravention.

The following provision is not in force.Service of parking ticket

14. (1) Service of a ticket, in respect of a contravention relating to parking a vehicle, on the person who parked the vehicle is effected by affixing the ticket to the vehicle in a conspicuous place or by leaving a copy of the ticket with the person having care and control of the vehicle.

Service on vehicle owner

(2) Service of a ticket, in respect of a contravention relating to parking a vehicle, on the owner of the vehicle is effected by affixing the ticket to the vehicle in a conspicuous place.

The following provision is not in force.Certificate of service

15. (1) An enforcement authority who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the day set out in the certificate, served on the person who the enforcement authority believes committed the contravention and, in the case of a ticket served in respect of a contravention relating to parking a vehicle, on the owner of the vehicle.

Certificate as evidence

(2) The certificate is evidence that, on the day set out in the certificate, a ticket was served on the person who the enforcement authority believes committed the contravention and, in the case of a ticket served in respect of a contravention relating to parking a vehicle, the owner of the vehicle.


Contents Of Ticket

The following provision is not in force.Contents of ticket

16. A ticket must be in the form prescribed under paragraph 8(1)(d) and

(a) contain a statement signed by the enforcement authority certifying, in the case of a ticket served under section 9, that the enforcement authority has reasonable grounds to believe that a contravention has been committed and, in the case of a ticket served under section 12, that the enforcement authority believes from personal knowledge that a contravention has been committed;

(b) include the short-form description of the contravention established under paragraph 8(1)(b);

(c) indicate with reasonable precision, having regard to all the circumstances, the time and place at which the contravention was committed;

(d) set out a total amount equal to

(i) the amount established under paragraph 8(1)(c) as the amount of the fine, and

(ii) the fees that are applicable on serving a ticket;

(e) set out the options the person served with the ticket has in responding to it, the time within which the person must respond and the consequences under section 44 of failing to respond;

(f) provide an opportunity for the person to indicate in which official language, being the person’s language, the person wishes to be tried;

(g) provide an opportunity for the person to indicate whether the person is a young person;

(h) mention that the ticket may be used as the evidence of the enforcement authority; and

(i) provide an opportunity for the person to indicate whether the attendance of the enforcement authority who completed the ticket is required for the purposes of cross-examination.

1992, c. 47, s. 16; 1996, c. 7, s. 6.


Commencement Of Proceedings

Filing of ticket

The following provision is not in force.17. (1) A proceeding in respect of a contravention may be commenced by filing a ticket in the office of the contraventions court or, if the contravention is alleged to have been committed by a young person and the lieutenant governor in council of the province has not made an order under subsection (2), in the office of the youth court.

The following provision is not in force.Jurisdiction of adult courts over young persons

(2) Notwithstanding the Youth Criminal Justice Act, a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice court, in respect of any contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province the lieutenant governor in council of which has ordered that any such contravention be dealt with in ordinary court.

The following provision is not in force.Application of Statutory Instruments Act

(3) Paragraph 3(2)(d) of the Statutory Instruments Act does not apply in respect of an order of the lieutenant governor in council of a province under subsection (2).

(4)�(Repealed, 2001, c. 26, s. 293)

1992, c. 47, s. 17; 1996, c. 7, s. 7; 2001, c. 26, s. 293; 2002, c. 1, s. 169.

Previous VersionThe following provision is not in force.Obligatory filing of ticket

18. An enforcement authority shall cause a ticket to be filed in the office of the relevant court in the following cases within the following times, namely,

(a) if that office is the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial, as soon as practicable, and in any event within thirty days, after the ticket is served; or

(b) if that office is not the place specified in the ticket for those purposes and the person served with the ticket

(i) requests an opportunity to plead guilty but make representations in accordance with section 23, or

(ii) requests a trial in accordance with section 26,

(iii) (Repealed, 1996, c. 7, s. 8)

as soon as practicable, and in any event within thirty days, after the person does so.

1992, c. 47, s. 18; 1996, c. 7, s. 8.

The following provision is not in force.Parking tickets

19. A ticket that is filed in respect of a contravention relating to parking a vehicle must be accompanied by evidence of the ownership of the vehicle.

20. (Repealed, 1996, c. 7, s. 9)


Options Available To Defendants

Options

The following provision is not in force.21. (1) A person may, within thirty days after being served with a ticket,

(a) plead guilty and pay the total amount set out in the ticket in accordance with section 22;

(b) plead guilty but make representations in accordance with section 23; or

(c) request a trial in accordance with section 26.

(2)�(Repealed, 1996, c. 7, s. 10)

1992, c. 47, s. 21; 1996, c. 7, s. 10.

The following provision is not in force.Plea of guilty and payment

22. (1) A person who is served with a ticket may plead guilty by delivering the ticket, along with the total amount set out in the ticket, to the place specified in the ticket.

Effect of payment

(2) Payment of the total amount under subsection (1) constitutes a plea of guilty and endorsement of payment on the ticket constitutes a conviction and the imposition of that amount.

Effect of part payment

(3) Payment of an amount that is less than the total amount set out in the ticket constitutes a payment on account of the fine and fees.

Effect of late payment

(4) Payment of an amount more than thirty days after service of the ticket constitutes a payment on account of the fine and fees.

1992, c. 47, s. 22; 1996, c. 7, s. 11.

The following provision is not in force.Plea of guilty with representations

23. (1) A person who is served with a ticket may

(a) plead guilty but make representations with respect to the matters described in subsection (2) by appearing at the time specified in the ticket before the contraventions or youth court so specified, or before a justice of the peace or other officer, at the office of that court; or

(b) if no contraventions or youth court is specified in the ticket, request an opportunity to plead guilty but make representations with respect to those matters by signing the request to make representations on the ticket and delivering it to the place specified in the ticket.

Representations

(2) The matters referred to in subsection (1) are the following:

(a) the fine, fees or other sentence that ought to be imposed; or

(b) whether the person ought to be given time to pay the fine or fees.

(c)�(Repealed, 1996, c. 7, s. 12)

Disposition

(3) The contraventions court or a justice of the peace or other officer or, in the case of a young person in a province the lieutenant governor in council of which has not made an order under subsection 17(2), the youth court shall consider the representations, along with the ticket, and

(a) if the court, justice or officer is satisfied that the representations should be accepted without holding a sentencing hearing, convict the defendant and

(i) impose a fine and the applicable fees in amounts not exceeding the amounts provided for under section 8 or any sentence prescribed by law other than a fine, or

(ii) direct that any fine and fees so imposed be paid immediately or fix the time within which they are to be paid;

(iii) (Repealed, 1996, c. 7, s. 12)

(b) if the court, justice or officer is satisfied that the representations should be rejected without holding a sentencing hearing, convict the defendant and impose a fine and the applicable fees in the amounts provided for under section 8; or

(c) if the court, justice or officer considers, having regard to the amounts of the fine and applicable fees provided for under section 8, that the proceeding should not be disposed of without oral evidence or requires the participation of the Attorney General, direct that a sentencing hearing be held.

1992, c. 47, s. 23; 1996, c. 7, s. 12.

24. (Repealed, 1996, c. 7, s. 13)

The following provision is not in force.Sentencing hearing

25. As soon as practicable after a court, justice or officer directs that a sentencing hearing be held under paragraph 23(3)(c), the court, the clerk of the court or a justice of the peace shall fix the time and place of the hearing and cause the defendant and the Attorney General to be notified of its time and place.

1992, c. 47, s. 25; 1996, c. 7, s. 14.

The following provision is not in force.Request for trial

26. (1) A person who is served with a ticket may request a trial by signing the request for a trial on the ticket and delivering it to the place specified in the ticket.

Trial

(2) As soon as practicable after a person requests a trial under subsection (1), the court, the clerk of the court or a justice of the peace shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

1992, c. 47, s. 26; 1996, c. 7, s. 15.

27. (Repealed, 1996, c. 7, s. 16)


Transfer To Proper Court

The following provision is not in force.Transfer to youth court

28. (1) The contraventions court or a justice of the peace shall order that a proceeding commenced by means of a ticket in the office of that court be continued in the youth court if the defendant is a young person and the lieutenant governor in council of the province has not made an order under subsection 17(2).

Transfer to contraventions court

(2) The youth court or a justice of the peace shall order that a proceeding commenced by means of a ticket in the office of that court be continued in the contraventions court if the defendant is not a young person.

1992, c. 47, s. 28; 1996, c. 7, s. 17.


Trial Procedure

The following provision is not in force.Trial

29. A contraventions court or a justice of the peace or, in the case of a young person in a province the lieutenant governor in council of which has not made an order under subsection 17(2), a youth court shall hold a trial in a proceeding commenced by means of a ticket, if

(a) the defendant requests a trial in accordance with section 26;

(b) the defendant is a young person who does not exercise any of the options referred to in section 21 within thirty days after being served with the ticket; or

(c) a court directs that a trial be held after setting aside a conviction under section 47.

(d)�(Repealed, 1996, c. 7, s. 18)

1992, c. 47, s. 29; 1996, c. 7, s. 18.

The following provision is not in force.Language of trial

30. The choice of a defendant in responding to a ticket as to the official language, being the defendant’s language, in which the defendant wishes to be tried is deemed to be an order granted under section 530 of the Criminal Code and accordingly sections 530.1 and 531 of that Act apply in respect of the choice.

The following provision is not in force.Attendance of person who completed ticket

31. If a defendant in responding to a ticket indicates that the attendance of the enforcement authority who completed the ticket is required for the purposes of cross-examination, the Attorney General shall ensure that the enforcement authority attends the trial.

1992, c. 47, s. 31; 1996, c. 7, s. 19.

The following provision is not in force.Court shall not require defendant to appear personally

32. Notwithstanding subsection 800(2) of the Criminal Code, if the defendant appears for the trial by counsel or agent, the contraventions court or justice shall not issue a warrant for the arrest of the defendant.

The following provision is not in force.Ex parte trial where defendant absent

33. (1) If the defendant does not appear for the trial in person or by counsel or agent and the contraventions court or justice is satisfied that the defendant was served with the ticket and notified of the time and place of the trial, the court or justice may

(a) after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant; or

(b) adjourn the proceeding and fix a new trial date, if the Attorney General so requests.

New trial date

(2) If the defendant does not appear for the trial at the new trial date fixed under paragraph (1)(b), the contraventions court or justice shall, after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant.

Resumption of trial

(3) If the trial begins, either on the date originally fixed or on the new date fixed under paragraph (1)(b) or 34(1)(b), but is adjourned and the defendant does not appear for the resumption of the trial, the contraventions court or justice

(a) may either adjourn the trial and fix a new date for its resumption or resume the trial in the absence of the defendant if the proceeding has not previously been adjourned as a result of the defendant not appearing; and

(b) shall resume the trial in the absence of the defendant, if the proceeding has previously been adjourned as a result of the defendant not appearing.

Court shall not issue warrant for arrest of defendant

(4) Notwithstanding subsection 803(2) of the Criminal Code, if the defendant does not appear for the trial or a resumption of the trial, a warrant for the arrest of the defendant shall not be issued.

1992, c. 47, s. 33; 1996, c. 7, s. 20.

The following provision is not in force.Dismissal of proceeding where Crown absent

34. (1) If the defendant appears for the trial but the Attorney General does not and the contraventions court or justice is satisfied that the Attorney General was notified of the time and place of the trial, the court or justice may

(a) dismiss the proceeding; or

(b) adjourn the proceeding and fix a new trial date, on any terms that the court or justice considers proper.

New trial date

(2) If the defendant appears for the trial at the new trial date fixed under paragraph (1)(b) but the Attorney General does not, the contraventions court or justice shall dismiss the proceeding.

Resumption of trial

(3) If the trial begins, either on the date originally fixed or on the new date fixed under paragraph (1)(b) or 33(1)(b), but is adjourned and the Attorney General does not appear for the resumption of the trial, the contraventions court or justice

(a) may either adjourn the trial and fix a new date for its resumption, on any terms that the court or justice considers proper, or dismiss the proceeding, if the proceeding has not previously been adjourned as a result of the Attorney General not appearing; and

(b) shall dismiss the proceeding, if it has previously been adjourned as a result of the Attorney General not appearing.

1992, c. 47, s. 34; 1996, c. 7, s. 21.

The following provision is not in force.New trial date

35. As soon as practicable after the contraventions court or justice fixes a new trial date or a new date for the resumption of the trial, the clerk of the court shall notify the defendant and the Attorney General of its time and place.

1992, c. 47, s. 35; 1996, c. 7, s. 21.

The following provision is not in force.Notice of conviction

36. As soon as practicable after an offender, whose address appears on the ticket, the certificate of service or other document in the court file, is convicted in the absence of the offender, the clerk of the court shall cause a notice of the conviction, the amounts of any fine and fees and any time allowed for their payment to be sent to the offender by ordinary mail.

1992, c. 47, s. 36; 1996, c. 7, s. 22(E).


Sentencing Hearing

The following provision is not in force.Sentencing hearing

37. (1) A contraventions court or a justice of the peace or, in the case of a young person in a province the lieutenant governor in council of which has not made an order under subsection 17(2), a youth court shall hold a sentencing hearing in a proceeding commenced by filing a ticket, if

(a) the defendant is convicted after a trial and the court or justice must determine the amount of the fine to be imposed; or

(b) the court or a justice of the peace or other officer directs that a sentencing hearing be held after the defendant has pleaded guilty but made representations with respect to the matters referred to in subsection 23(2).

Need not be in court

(2) The sentencing hearing may be held in the office of the court.


Evidence

The following provision is not in force.Ticket as evidence

38. A ticket that is filed in the office of the contraventions court or the youth court, including any notes that purport to have been made by, and any portions that purport to have been completed by, an enforcement authority in respect of matters of which the authority has personal knowledge, is evidence of the facts alleged in the ticket without proof of the signature or official character of the person appearing to have completed the ticket.

39. (Repealed, 1996, c. 7, s. 23)

The following provision is not in force.Evidence of vehicle’s ownership

40. A statement purporting to be signed by or on behalf of the registrar of motor vehicles of a province and certifying that a person was the owner of a vehicle at the time specified in the statement is evidence that the person owned the vehicle at that time, without proof of the signature or official character of the person appearing to have signed the statement.

The following provision is not in force.Notice

41. (1) Except as otherwise provided, a notice or document required or authorized to be given or delivered under this Act may be given or delivered personally or by ordinary mail.

Evidence of notice

(2) Evidence that a notice or document required or authorized to be given or delivered to a person under this Act was sent by ordinary mail to the person at his or her address appearing on a ticket, certificate of service or other document in the court file is evidence that the notice or document was given or delivered to the person.


Sentence

Fines

42. (1) A person who is convicted in a proceeding commenced by means of a ticket is liable to a fine in an amount not exceeding the amount established under section 8 or to any sentence prescribed by law other than a fine.

No imprisonment

(2) A person who is convicted in a proceeding commenced by means of a ticket is not liable to imprisonment and, accordingly, subsection 806(2) of the Criminal Code does not apply.

Minimum punishment

(3) Where a defendant in a proceeding commenced by means of a ticket requests a trial but does not appear for it or a resumption of it and is convicted, a contraventions or youth court or a justice of the peace shall impose the fine in the amount established under section 8.

Punishment on default

(4) Where a defendant in a proceeding commenced by means of a ticket does not respond to the ticket, a contraventions or youth court or a justice of the peace shall impose the fine in the amount established under section 8.

1992, c. 47, s. 42; 1996, c. 7, s. 24.

43. (Repealed, 1996, c. 7, s. 25)


Default Proceedings

The following provision is not in force.Default convictions

44. (1) For the purpose of obtaining a default conviction, a proceeding in respect of a contravention may be commenced by filing a ticket in the office of the contraventions court if

(a) the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial is not the office of the court;

(b) more than thirty but not more than sixty days have elapsed since the date of service of the ticket;

(c) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

(d) the person alleged to have committed the contravention is not a young person.

Examination of ticket

(2) The contraventions court or a justice of the peace shall examine a ticket that has been filed in the office of the court under subsection (1) or paragraph 18(a) if

(a) more than thirty days have elapsed since the date of service of the ticket;

(b) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

(c) the person alleged to have committed the contravention is not a young person.

Default convictions

(3) The contraventions court or justice of the peace shall

(a) if the ticket is complete and regular on its face, convict the defendant and impose a fine and the applicable fees in the amounts provided for under section 8; or

(b) quash the proceeding, if the ticket is not complete and regular on its face.

Notice of conviction

(4) As soon as practicable after an offender whose address appears on the ticket, the certificate of service or other document in the court file is convicted under paragraph (3)(a), the clerk of the court shall cause a notice of the conviction to be sent to the offender by ordinary mail.

1992, c. 47, s. 44; 1996, c. 7, s. 26.

The following provision is not in force.Young persons

45. (1) An enforcement authority may, for the purpose of compelling the appearance of a young person so that a trial can take place, commence a proceeding in respect of a contravention by filing a ticket in the office of the youth court or, in a province the lieutenant governor in council of which has made an order under subsection 17(2), in the office of the contraventions court if

(a) the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial is not the office of the court;

(b) more than thirty but not more than sixty days have elapsed since the date of service of the ticket;

(c) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

(d) the person alleged to have committed the contravention is a young person.

Examination of ticket

(2) The youth or contraventions court or a justice of the peace shall examine a ticket that has been filed in the office of the court under subsection (1) or paragraph 18(a) if

(a) more than thirty days have elapsed since the date of service of the ticket;

(b) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

(c) the person alleged to have committed the contravention is a young person.

Summons or warrant

(3) The youth or contraventions court or justice may issue a summons or a warrant for the arrest of the young person to compel the young person to attend before the court or justice or some other justice for the same territorial division.

Deeming

(4) The summons or warrant is deemed to have been issued under section 507 of the Criminal Code.


Removal Of Convictions

The following provision is not in force.Application to contraventions court

46. (1) A defendant who is convicted by the contraventions court or a justice of the peace in a proceeding commenced by means of a ticket or the Attorney General may apply to the court, within thirty days after becoming aware of the conviction, to set it aside.

Application to youth court

(2) A defendant who is convicted by the youth court in a proceeding commenced by means of a ticket or the Attorney General may apply to the court, within thirty days after becoming aware of the conviction, to set it aside.

1992, c. 47, s. 46; 1996, c. 7, s. 27.

The following provision is not in force.Review of convictions entered in defendant’s absence

47. (1) If the defendant was convicted in his or her absence, the contraventions court may

(a) set aside the conviction if the court is satisfied that

(i) the defendant was not served with the ticket,

(ii) the defendant was not notified of the time and place of the trial although the defendant requested a trial,

(iii) the conviction was entered as a result of administrative error and through no fault of the defendant, or

(iv) the court lacked jurisdiction to enter the conviction; or

(b) dismiss the application.

Review of convictions entered after trial

(2) If the defendant was convicted after a trial, the contraventions or youth court may

(a) set aside the conviction if the court is satisfied that

(i) the conviction is unreasonable or cannot be supported by the evidence,

(ii) the conviction should be set aside on the ground of a wrong decision on a question of law, or

(iii) there was a miscarriage of justice; or

(b) dismiss the application if

(i) the application is not decided in favour of the defendant on any ground mentioned in paragraph (a),

(ii) the court is satisfied that no substantial wrong or miscarriage of justice occurred despite being satisfied that the application might be decided in favour of the defendant on any ground mentioned in paragraph (a), or

(iii) the court is satisfied that the defendant suffered no prejudice by any procedural irregularity at the trial.

Effect of removal of conviction

(3) A court that sets aside a conviction under subsection (1) or (2) shall direct that a trial be held.

Transfer to proper court

(4) A court that sets aside a conviction under subparagraph (1)(a)(iv) may make an order under section 28 in addition to or in lieu of directing that a trial be held.

Trial — contraventions court

(5) As soon as practicable after the contraventions court directs that a trial be held, the court, the clerk of the court or a justice of the peace shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

Trial — youth court

(6) As soon as practicable after the youth court directs that a trial be held, the court shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

1992, c. 47, s. 47; 1996, c. 7, s. 28.

48. and 49. (Repealed, 1996, c. 7, s. 29)


Election Of Crown

The following provision is not in force.Election of Crown

50. (1) Where a proceeding in respect of a contravention is commenced by laying an information, the Attorney General may elect that the proceeding be dealt with and disposed of as if it had been commenced by filing a ticket.

Effect of election

(2) Where the Attorney General makes an election, this Act applies as if the defendant were served with a ticket on the day on which the defendant is notified of the election, even if that day is more than thirty days after the day on which the contravention was committed.

Notice of election

(3) As soon as practicable, the clerk of the court shall notify the defendant of the election.

Contents of notice

(4) A notice of election must have the contents required of a ticket by section 16 and state that, where an undertaking was given to a justice of the peace or a judge, its conditions cease to have effect.

Effect on undertaking’s conditions

(5) The conditions in an undertaking given to a justice of the peace or a judge cease to have effect on the defendant’s being notified of the election.

1992, c. 47, s. 50; 1996, c. 7, s. 30.


Practice And Procedure

The following provision is not in force.Rules

51. (1) A contraventions or youth court may, subject to the approval of the lieutenant governor in council of the province, make rules governing the practice and procedure in proceedings under this Act.

Consistency

(2) The rules shall not be inconsistent with this Act or the regulations but may be inconsistent with the practice and procedure in proceedings under the Criminal Code.

Prepublication

(3) A court that proposes to make rules under this section

(a) shall give notice of the proposed rules by publishing them in the Canada Gazette and shall, in the notice, invite any interested person to make representations in writing with respect to the proposed rules within sixty days after the day of that publication; and

(b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the lieutenant governor in council of the province, make the rules either as originally published or as revised in any manner that the court considers advisable having regard to any representations so made.

Publication

(4) The rules shall be published in the Canada Gazette.

Quorum, etc. for making rules

(5) Subsection 22(2) of the Interpretation Act applies in respect of making the rules as if the Act of the legislature of the province establishing the contraventions court or youth court were an enactment within the meaning of the Interpretation Act.

The following provision is not in force.Fees

52. (1) In proceedings commenced by means of a ticket, a contraventions or youth court or a justice of the peace may award such costs provided for under paragraph 8(1)(e) as the court or justice considers appropriate.

Criminal Code limitations on fees and allowances inapplicable

(2) Section 840 of the Criminal Code does not apply in respect of proceedings commenced by means of a ticket and, accordingly, subsection 809(1) of that Act does not restrict the power to award costs under this section.

1992, c. 47, s. 52; 1996, c. 7, s. 31.


Recognizances

The following provision is not in force.Recognizances

53. (1) Notwithstanding paragraphs 498(1)(c) and (d), 499(1)(b) and (c) and 515(2)(b), (c), (d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a recognizance be entered into in an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).

Money or other valuable security

(2) Notwithstanding paragraphs 498(1)(d), 499(1)(c) and 515(2)(d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a sum of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c) be deposited.

Money or other valuable security as fine deposit

(3) Where in a proceeding in respect of a contravention the defendant deposits a sum of money or other valuable security with an officer in charge or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall

(a) be applied on account of the fine and fees imposed; and

(b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.

Return of money or other valuable security

(4) Where in a proceeding in respect of a contravention the defendant deposits a sum of money or other valuable security with an officer in charge or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.

1992, c. 47, s. 53; 1996, c. 7, s. 32; 1999, c. 25, s. 28.

Exclusion of laying information

54. Where a ticket is served in respect of a contravention, an information under the Criminal Code may not be laid in respect of that contravention.

1992, c. 47, s. 54; 1996, c. 7, s. 33.


Discharge And Enforcement Of Fines And Fees

Definition of “proceeding”

55. In sections 56 to 62, “proceeding” means a proceeding in respect of a contravention that is commenced by means of a ticket or by laying an information where the prosecutor elects to proceed summarily.

1992, c. 47, s. 55; 1996, c. 7, s. 33.

The following provision is not in force.Discharge of fines and fees

56. (1) A fine or any fees imposed in a proceeding may be discharged by payment or, if a court or justice of the peace so orders, by earning credits for work performed during a period not exceeding two years in a program referred to in section 736 of the Criminal Code or by imprisonment for a term determined by the court.

Charges for cashing cheques

(2) Paragraph 159(2)(c) of the Financial Administration Act does not apply in respect of a charge imposed on a person who is served with a ticket in respect of any cheque or other instruction for payment that is drawn in favour of the Receiver General, the Government of Canada, any department or any public officer in the officer’s official capacity and tendered for deposit to the credit of the Receiver General for the purpose of paying the amount set out in the ticket or a fine or any fees imposed in a proceeding.

1992, c. 47, s. 56; 1995, c. 22, s. 17; 1996, c. 7, ss. 33, 43.

The following provision is not in force.Notice

57. If an offender who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time, the clerk of the contraventions or youth court shall cause a notice to be sent to the person by ordinary mail advising the person of the consequences under sections 58, 61 and 62 of not paying the fine or fees.

1992, c. 47, s. 57; 1996, c. 7, s. 33.

Civil enforcement

58. (1) If an offender, other than a young person, who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time, the Attorney General may, by filing the conviction, enter as a judgment the amount of the fine and fees, if any, in any civil court in Canada, other than the Federal Court, that has jurisdiction to enter a judgment for that amount.

Effect of filing conviction

(2) A conviction that is entered as a judgment under this section is enforceable against the convicted person in the same manner as if it were a judgment obtained against that person in that court in civil proceedings by Her Majesty in right of Canada or of a province or by the person to whom the proceeds of the fine belong.

Limitation

(3) A conviction may not be entered as a judgment under this section more than two years after the day on which the conviction was entered.

1992, c. 47, s. 58; 1996, c. 7, s. 34.

Licences, permits and registration of establishments

59. If an offender who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time,

(a) the person responsible by or under an Act of Parliament for issuing, renewing, suspending or revoking a licence or permit for conduct in relation to which the contravention was committed may

(i) refuse to issue a licence or permit of that kind to the offender, or

(ii) suspend or revoke or refuse to renew a licence or permit of that kind held by the offender; and

(b) the person responsible by or under an Act of Parliament for registering or renewing, suspending or revoking the registration of an establishment in or in relation to which the contravention was committed may

(i) refuse to register the establishment, or

(ii) suspend or revoke or refuse to renew the registration of the establishment.

1992, c. 47, s. 59; 1996, c. 7, s. 35.

The following provision is not in force.No imprisonment in default

60. (1) Only an offender who is unwilling though able to pay a fine imposed in a proceeding may be imprisoned in default of its payment.

Criminal Code provisions for imprisonment in default of fine payment inapplicable

(2) Subsections 734.7(3) and 787(2) of the Criminal Code do not apply in respect of a fine imposed in a proceeding to the extent that they are inconsistent with subsection (1).

1992, c. 47, s. 60; 1995, c. 22, s. 17.

The following provision is not in force.Where arrest possible

61. (1) A contraventions or youth court or a justice of the peace may issue a warrant for the arrest of the offender in Form 7 of Part XXVIII of the Criminal Code, varied to suit the case, if the court or justice is satisfied that

(a) at least thirty days have elapsed after the imposition of a fine in a proceeding or, if the time for payment was extended, after the expiration of that time;

(b) part of the fine remains unpaid;

(c) the notice referred to in section 57 has been sent to the offender; and

(d) enforcement of the payment of the fine under sections 58 and 59 has been tried and has failed or has not been tried but would not likely result in payment within a reasonable time.

Execution of warrant

(2) An offender arrested in execution of a warrant issued under subsection (1) shall be brought before the contraventions or youth court

(a) without unreasonable delay and in any event within twenty-four hours after the arrest, if a judge is available within that period; or

(b) as soon as possible, if a judge is not available within twenty-four hours after the arrest.

1992, c. 47, s. 61; 1996, c. 7, s. 36.

The following provision is not in force.Determination by court

62. (1) The court before which an offender arrested in execution of the warrant is brought shall determine whether the offender is unwilling though able to pay the fine.

Committal of offender

(2) The court may, where it determines that the offender is unwilling though able to pay the fine, issue a warrant for the committal of the offender in Form 8 of Part XXVIII of the Criminal Code, varied to suit the case,

(a) for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; or

(b) for the committal of the offender during the term determined by the court, if the offender is not a young person.

Other discharge of fine

(3) A court that determines that an offender is willing to pay the fine though unable to pay it may

(a) order that the fine be discharged by earning credits for work performed during a period not exceeding two years in a program referred to in section 736 of the Criminal Code; or

(b) extend the time for payment of the fine by ordering periodic payments or otherwise.

1992, c. 47, s. 62; 1995, c. 22, s. 17; 2002, c. 1, s. 170.

Previous Version

Criminal Records

No criminal record

63. Except in respect of a conviction for a contravention that is entered after a trial on an indictment,

(a) a person who has been convicted of a contravention has not been convicted of a criminal offence; and

(b) a contravention does not constitute an offence for the purposes of the Criminal Records Act.

Applications for employment

64. Every one is guilty of an offence who uses or authorizes the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction for a contravention, other than a conviction entered after a trial on an indictment:

(a) employment in any department, as defined in section 2 of the Financial Administration Act;

(b) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;

(c) enrolment in the Canadian Forces; or

(d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.


Partial Abolition Of Royal Prerogative

Issuance and revocation of passports

65. The prerogative right of the Crown to refuse to issue a passport to a person, or to revoke the passport of a person, by reason only that the person is charged with or convicted of a contravention or of an offence committed outside Canada that, if committed in Canada, would constitute a contravention is abolished.


Application Of Provincial Laws

Application of provincial laws

65.1 (1) The Governor in Council may, for the purposes of this Act, make regulations making applicable, in respect of any contravention or any contravention of a prescribed class of contraventions, alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of a province, laws of the province, as amended from time to time, relating to proceedings in respect of offences that are created by a law of the province, with such modifications as the circumstances require, and, without limiting the generality of the foregoing, the Governor in Council may make regulations

(a) adapting any provision or any part of a provision of those laws;

(b) deeming any of the notices or other documents issued or entered into under those laws to be a ticket for the purposes of this Act or any of its provisions;

(c) prescribing, for the purposes of subsection 65.3(2), categories of fees; and

(d) providing for any other matter in respect of the application of those laws.

Application of certain provisions of this Act

(2) Where the laws of a province apply by virtue of regulations made under subsection (1) in respect of a contravention or a contravention of a prescribed class, that is alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province, the definitions “Attorney General”, “contravention”, “enactment”, “enforcement authority”, “fees”, “Minister”, “prescribed” and “ticket” in section 2, sections 3, 4, 5 and 7, paragraphs 8(1)(a), (b), (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59, 63, 64, 65, 65.2 and 65.3 apply, and the remainder of this Act does not apply, in respect of the contravention.

1996, c. 7, s. 37.


Agreements With Provinces

General agreements with provinces

65.2 (1) The Minister may enter into an agreement with the government of a province respecting the administration and enforcement of this Act generally.

Particular agreements

(2) The Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent thereof respecting, in particular, any of the following matters:

(a) the prosecution of contraventions; and

(b) the discharge and enforcement of fines and fees imposed in respect of contraventions alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province.

1996, c. 7, s. 37.

Compensation agreements

65.3 (1) The Minister 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 fines and fees imposed under this Act that are collected in respect of contraventions, for the purpose of providing for compensation by Canada of that province or authority, in whole or in part, in respect of the administration and enforcement of this Act; and

(b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or that 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, of a category prescribed under paragraph 65.1(1)(c), 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 fines and fees referred to in paragraph (1)(a) that are applied for the purpose referred to in that paragraph are deemed to be appropriated by Parliament for that purpose.

1996, c. 7, s. 37.


Related Amendments

66. to 83. (Amendments)


Consequential Amendments

84. and 85. (Amendments)


Coming Into Force

Coming into force

Coming into force

(2) Section 84 shall come into force with respect to any provision of the schedule throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province.

1992, c. 47, s. 86; 1996, c. 7, s. 42.

Schedule

(Section 84)

1. to 7. (Amendments)

8. (Repealed, 2000, c. 32, s. 47)

9. to 15. (Amendments)


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