Contraventions Act (S.C. 1992, c. 47)

Act current to 2017-11-20 and last amended on 2012-03-13. Previous Versions

 [Repealed, 1996, c. 7, s. 9]

Options Available to Defendants

Marginal note:Options
  • The following provision is not in force.

     (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  • (2) [Repealed, 1996, c. 7, s. 10]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.
Marginal note:Plea of guilty and payment
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Plea of guilty with representations
  •  (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.

  • Marginal note: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]

  • Marginal note: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.

 [Repealed, 1996, c. 7, s. 13]

The following provision is not in force.
Marginal note:Sentencing hearing

 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.
Marginal note:Request for trial
  •  (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.

  • Marginal note: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.

 [Repealed, 1996, c. 7, s. 16]

Transfer to Proper Court

The following provision is not in force.
Marginal note:Transfer to youth court
  •  (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).

  • Marginal note: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.
Marginal note:Trial

 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.
Marginal note:Language of trial

 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.
Marginal note:Attendance of person who completed ticket

 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.
Marginal note:Court shall not require defendant to appear personally

 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.

 
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