GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Contraventions Act — C-38.7 (a)
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; ( agent de l’autorité )
Contraventions Act — C-38.7
fees means any of the amounts provided for under paragraph 8(1)(e); ( frais )
Contraventions Act — C-38.7
forfeitable thing [Repealed, 1996, c. 7, s. 1]
Contraventions Act — C-38.7
Minister means the Minister of Justice; ( ministre )
Contraventions Act — C-38.7
prescribed means prescribed by regulation; ( réglementaire )
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ticket means a ticket issued under this Act; ( procès-verbal )
Contraventions Act — C-38.7
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; ( adolescent )
Contraventions Act — C-38.7
youth court [Repealed, 2002, c. 1, s. 167]
Contraventions Act — C-38.7
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 . ( tribunal pour adolescents )
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Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
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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.
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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
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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.
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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; (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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Filing of ticket 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. 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. 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
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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
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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.
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Options 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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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)