69 (1) The payment of a fine is in default if any part of it is due and unpaid for fifteen days or more.  1993, c. 31, s. 1 (26). Order on default (2) A justice of the peace who is satisfied that payment of a fine is in default, (a)  shall order that any permit, licence, registration or privilege in respect of which a suspension is authorized under any Act because of non-payment of the fine be suspended until the fine is paid; (b)  shall order that any permit, licence, registration or privilege in respect of which any Act authorizes a refusal to renew, validate or issue the permit, licence, registration or privilege because of non-payment of the fine not be renewed, validated or issued until the fine is paid; and (c)  may direct the clerk of the court to proceed with civil enforcement under section 68.  1993, c. 31, s. 1 (26). Highway Traffic Act permits (3) If section 7 of the Highway Traffic Act authorizes an order or direction under this section that any permit under that Act not be validated or issued because payment of a fine is in default, a person designated by the regulations who is satisfied that payment of a fine is in default shall direct that until the fine is paid, (a)  validation of any permit held by the person who has defaulted be refused; and (b)  issuance of any permit to the person who has defaulted be refused.  2004, c. 22, s. 8. Highway Traffic Act restriction (4) Orders or directions made under this section pursuant to section 7 of the Highway Traffic Act are subject to subsection 7 (12) of that Act and any regulations made under section 7 of that Act. 2015, c. 14, s. 60. Highway Traffic Act licences (5) If section 46 of the Highway Traffic Act authorizes an order or direction under this section that any licence under that Act be suspended or not be issued because payment of a fine is in default, a person designated by the regulations who is satisfied that payment of a fine is in default shall direct that until the fine is paid, (a)  if the person who has defaulted holds a licence, the licence be suspended; or (b)  if the person who has defaulted does not hold a licence, no licence be issued to him or her.  1993, c. 31, s. 1 (26). Obtaining convicted person’s attendance (6) A justice may issue a warrant requiring that a person who has defaulted be arrested and brought before a justice as soon as possible if other reasonable methods of collecting the fine have been tried and have failed, or would not appear to be likely to result in payment within a reasonable period of time.  1993, c. 31, s. 1 (26). Alternative summons procedure (7) The clerk of the court that imposed the fine that is in default may issue a summons requiring the person who has defaulted to appear before a justice if the conditions described in subsection (6) exist.  1993, c. 31, s. 1 (26). Service of summons (8) The summons referred to in subsection (7) may be served by regular prepaid mail.  1993, c. 31, s. 1 (26). Hearing (9) If a person who has defaulted in paying a fine is brought before a justice as a result of a warrant issued under subsection (6) or such a person appears before a justice as a result of a summons issued under subsection (7), the justice shall hold a hearing to determine whether the person is unable to pay the fine within a reasonable period of time.  1993, c. 31, s. 1 (26). Onus (10) In a hearing under subsection (9), the onus of proving that the person is unable to pay the fine within a reasonable period of time is on the person who has defaulted.  1993, c. 31, s. 1 (26). Adjournment (11) The justice may adjourn the hearing from time to time at the request of the person who has defaulted.  1993, c. 31, s. 1 (26). Warning (12) When an adjournment is granted, the justice shall warn the person who has defaulted that if the person fails to appear for the resumption of the hearing, the hearing may proceed in the person’s absence.  1993, c. 31, s. 1 (26). Failure to warn (13) If a hearing was adjourned and the person who has defaulted does not appear when it is resumed, the hearing may proceed in the person’s absence even if the warning required by subsection (12) was not given.  1993, c. 31, s. 1 (26). Warrant of committal (14) If the justice is not satisfied that the person who has defaulted is unable to pay the fine within a reasonable period of time and that incarceration of the person would not be contrary to the public interest, the justice may issue a warrant for the person’s committal or may order that such other steps be taken to enforce the fine as appear to him or her to be appropriate.  1993, c. 31, s. 1 (26). Inability to pay fine (15) If the justice is satisfied that the person who has defaulted is unable to pay the fine within a reasonable period of time, the justice may, (a)  grant an extension of the time allowed for payment of the fine; (b)  require the person to pay the fine according to a schedule of payments established by the justice; (c)  in exceptional circumstances, reduce the amount of the fine or order that the fine does not have to be paid.  1993, c. 31, s. 1 (26). Term of imprisonment (16) Subject to subsection (17), the term of imprisonment under a warrant issued under subsection (14) shall be for three days, plus, (a)  if the amount that has not been paid is not greater than $50, one day; or (b)  if the amount that has not been paid is greater than $50, a number of days equal to the sum of one plus the number obtained when the unpaid amount is divided by $50, rounded down to the nearest whole number.  1993, c. 31, s. 1 (26). Limit (17) The term of imprisonment shall not exceed the greater of, (a)  ninety days; and (b)  half of the maximum number of days of imprisonment that may be imposed on conviction of the offence that the person who has defaulted was convicted of.  1993, c. 31, s. 1 (26). Effect of payments (18) Subject to subsection (19), a payment in respect of the fine in default that is made after a warrant is issued under subsection (14) shall result in a reduction of the term of imprisonment by the number of days that is in the same proportion to the term as the payment is to the amount in default.  1993, c. 31, s. 1 (26). Restriction (19) A payment that is less than the amount outstanding on the fine shall not result in a reduction of the term of imprisonment unless it is an amount that would reduce the term by a number of days that is a whole number.  1993, c. 31, s. 1 (26). Exceptions (20) Subsections (6) to (19) do not apply if, (a)  the person who has defaulted is less than eighteen years old; or (b)  the fine was imposed on conviction of an offence under subsection 31 (1) or 41 (1) of the Liquor Licence and Control Act, 2019.  1993, c. 31, s. 1 (26); 2019, c. 15, Sched. 22, s. 101. Exceptional circumstances (21) In exceptional circumstances where, in the opinion of the court that imposed the fine, to proceed under subsections (6) to (14) would defeat the ends of justice, the court may order that no warrant be issued under subsection (6) and that no summons be issued under subsection (7).  1993, c. 31, s. 1 (26). Regulations (22) The Lieutenant Governor in Council may make regulations, (a)  designating a person or class of persons for purposes of subsections (3) and (5); (b)  prescribing criteria to be considered by a justice in determining whether a person is unable to pay a fine within a reasonable period of time.  1993, c. 31, s. 1 (26). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (26) - 15/08/1994 2004, c. 22, s. 8 - 9/12/2004 2009, c. 33, Sch. 4, s. 1 (45, 46) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2019 2015, c. 14, s. 60 - 01/05/2017 2019, c. 15, Sched. 22, s. 101 - 29/11/2021