GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Contraventions Act — C-38.7 37
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.
Contraventions Act — C-38.7 38
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.
Contraventions Act — C-38.7 40
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.
Contraventions Act — C-38.7 41
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.
Contraventions Act — C-38.7 42
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
Contraventions Act — C-38.7 44
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
Contraventions Act — C-38.7 45
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 .
Contraventions Act — C-38.7 46
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
Contraventions Act — C-38.7 47
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
Contraventions Act — C-38.7 50
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 a defendant entered into, was issued or was given, as the case may be, an undertaking, release order, summons or appearance notice, the requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in the undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act , as required by the summons, appearance notice or undertaking, as the case may be, cease to have effect. Cessation of effect — conditions and obligations (5) The requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in an undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act , as required by a summons, appearance notice or undertaking, as the case may be, that was entered into by, issued to or given to a defendant, cease to have effect on the defendant’s being notified of the election. 1992, c. 47, s. 50; 1996, c. 7, s. 30 2019, c. 25, s. 397
Contraventions Act — C-38.7 51
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 .
Contraventions Act — C-38.7 52
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
Contraventions Act — C-38.7 53
Limit on conditions — payment of amount 53 (1) Despite subsections 501(3) and 515(2) of the Criminal Code , an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c). Limit on conditions — deposit of money or other security (2) Despite subsections 501(3) and 515(2) of the Criminal Code , an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount 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). Money or other valuable security as fine deposit (3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer 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) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer 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 2019, c. 25, s. 398
Contraventions Act — C-38.7 54
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
Contraventions Act — C-38.7 55
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
Contraventions Act — C-38.7 56
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
Contraventions Act — C-38.7 57
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
Contraventions Act — C-38.7 58
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
Contraventions Act — C-38.7 59
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
Contraventions Act — C-38.7 60
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
Contraventions Act — C-38.7 61
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
Contraventions Act — C-38.7 62
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
Contraventions Act — C-38.7 63
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 . 1992, c. 47, s. 63; 2012, c. 1, s. 140(F)
Contraventions Act — C-38.7 64
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.
Contraventions Act — C-38.7 65
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.