Contraventions Act (S.C. 1992, c. 47)

Marginal note: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  • (iii) [Repealed, 1996, c. 7, s. 8]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.

Marginal note: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.

Marginal note: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.

• 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.

Marginal note: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.

• 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.

Marginal note: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.

Marginal note: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.

• 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.

Marginal note: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).

• 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.

Marginal note: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]

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

• Marginal note:Need not be in court

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