An Act respecting contraventions of federal enactmentsContraventions ActContraventions199210
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201912
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C-38.7471992Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Contraventions Act.
Interpretation
DefinitionsIn this Act,Attorney General means the Attorney General of Canada or the Attorney General of a province, and includes counsel or an agent exercising any of the powers or performing any of the duties and functions of the Attorney General for the purposes of the applicable laws of a province or this Act, as the case may be; (procureur général)contravention means an offence that is created by an enactment and is designated as a contravention by regulation of the Governor in Council; (contravention)contraventions court means, in respect of a contravention alleged to have been committed in, or otherwise within the territorial jurisdiction of the courts of, a province, a court designated by order of the Governor in Council in respect of that province; (tribunal des contraventions)enactment means any Act of Parliament or any regulation, rule, order, by-law or ordinance made under an Act of Parliament; (texte)enforcement authority means, in respect of a contravention,any police officer or constable, including a special or auxiliary constable,the minister responsible for administering the enactment creating the contravention,any person, or member of a class of persons, designated by the minister responsible for administering the enactment creating the contravention, orthe corporation or other body that made or is responsible for administering the enactment creating the contravention; (agent de l’autorité)fees means any of the amounts provided for under paragraph 8(1)(e); (frais)forfeitable thing[Repealed, 1996, c. 7, s. 1]Minister means the Minister of Justice; (ministre)prescribed means prescribed by regulation; (réglementaire)ticket means a ticket issued under this Act; (procès-verbal)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to the contrary, appears to be twelve years of age or more but under eighteen years of age; (adolescent)youth court[Repealed, 2002, c. 1, s. 167]youth justice court means, in respect of a contravention alleged to have been committed by a young person in, or otherwise within the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)1992, c. 47, s. 2; 1996, c. 7, s. 1; 2002, c. 1, s. 167
Her Majesty
Binding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.
Purpose
PurposeThe purposes of this Act areto 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; andto alter or abolish the consequences in law of being convicted of a contravention, in light of that distinction.
Relationship with Other Acts
Relationship with Criminal Code and Youth Criminal Justice ActThe 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
[Repealed, 1996, c. 7, s. 3]
Relationship with arrest provisionsA 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.
Designation of Offences
RegulationsThe Governor in Council may, for the purposes of this Act, make regulationsdesignating as contraventions offences created by any enactment, other than offences for which an offender may be prosecuted only on indictment;establishing short-form descriptions of contraventions;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;prescribing the form of tickets and other forms that may be used for the purposes of this Act;providing for the fees, costs, penalties and other amounts thatshall be imposed in respect of a contravention, ormay be imposed in respect of a contravention,in the circumstances prescribed, at any stage of the proceedings; andprescribing classes of contraventions for the purposes of this Act.FeesDifferent fees may be provided for in respect of each province.Revocation of designationFor greater certainty, the Governor in Council may revoke the designation of an offence as a contravention.Maximum fineAn 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 personsAn 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 fineAn 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 individualsDifferent 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 descriptionThe 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.[Repealed, 1996, c. 7, s. 4]1992, c. 47, s. 8; 1996, c. 7, s. 4
Completion and Service of Tickets
Completion and service of ticketAn 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 copiesA ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.
Service on individualsService 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 corporationsService of a ticket on a corporation is effected byleaving a copy of it withthe clerk or the chairperson, mayor, warden, reeve or other chief officer, in the case of a municipal corporation, oran 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; orsending a copy of it by registered mail to the head office of the corporation.Service on non-residentsService 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 dateService of a ticket by registered mail is effective on the seventh day after the ticket is mailed.
[Repealed, 1996, c. 7, s. 5]
Parking contraventionsAn 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 copiesA ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.
Vicarious liability of vehicle ownersWhere a contravention relating to parking a vehicle is committed, the owner of the vehicle is guilty of the like contravention.
Service of parking ticketService 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 ownerService 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.
Certificate of serviceAn 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 evidenceThe 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.
Contents of Ticket
Contents of ticketA ticket must be in the form prescribed under paragraph 8(1)(d) andcontain 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;include the short-form description of the contravention established under paragraph 8(1)(b);indicate with reasonable precision, having regard to all the circumstances, the time and place at which the contravention was committed;set out a total amount equal tothe amount established under paragraph 8(1)(c) as the amount of the fine, andthe fees that are applicable on serving a ticket;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;provide an opportunity for the person to indicate in which official language, being the person’s language, the person wishes to be tried;provide an opportunity for the person to indicate whether the person is a young person;mention that the ticket may be used as the evidence of the enforcement authority; andprovide 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
Commencement of Proceedings
Filing of ticketA 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 personsNotwithstanding 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 ActParagraph 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).[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
Obligatory filing of ticketAn 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,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; orif that office is not the place specified in the ticket for those purposes and the person served with the ticketrequests an opportunity to plead guilty but make representations in accordance with section 23, orrequests a trial in accordance with section 26,[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
Parking ticketsA 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.
[Repealed, 1996, c. 7, s. 9]
Options Available to Defendants
OptionsA person may, within thirty days after being served with a ticket,plead guilty and pay the total amount set out in the ticket in accordance with section 22;plead guilty but make representations in accordance with section 23; orrequest a trial in accordance with section 26.[Repealed, 1996, c. 7, s. 10]1992, c. 47, s. 21; 1996, c. 7, s. 10
Plea of guilty and paymentA 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 paymentPayment 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 paymentPayment 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 paymentPayment 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
Plea of guilty with representationsA person who is served with a ticket mayplead 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; orif 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.RepresentationsThe matters referred to in subsection (1) are the following:the fine, fees or other sentence that ought to be imposed; orwhether the person ought to be given time to pay the fine or fees.[Repealed, 1996, c. 7, s. 12]DispositionThe 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, andif the court, justice or officer is satisfied that the representations should be accepted without holding a sentencing hearing, convict the defendant andimpose 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, ordirect that any fine and fees so imposed be paid immediately or fix the time within which they are to be paid;[Repealed, 1996, c. 7, s. 12]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; orif 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]
Sentencing hearingAs 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
Request for trialA 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.TrialAs 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
Transfer to youth courtThe 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 courtThe 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
TrialA 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, ifthe defendant requests a trial in accordance with section 26;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; ora court directs that a trial be held after setting aside a conviction under section 47.[Repealed, 1996, c. 7, s. 18]1992, c. 47, s. 29; 1996, c. 7, s. 18
Language of trialThe 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.
Attendance of person who completed ticketIf 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
Court shall not require defendant to appear personallyNotwithstanding 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.
Ex parte trial where defendant absentIf 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 mayafter directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant; oradjourn the proceeding and fix a new trial date, if the Attorney General so requests.New trial dateIf 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 trialIf 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 justicemay 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; andshall 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 defendantNotwithstanding 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
Dismissal of proceeding where Crown absentIf 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 maydismiss the proceeding; oradjourn the proceeding and fix a new trial date, on any terms that the court or justice considers proper.New trial dateIf 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 trialIf 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 justicemay 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; andshall 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
New trial dateAs 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
Notice of convictionAs 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)
Sentencing Hearing
Sentencing hearingA 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, ifthe defendant is convicted after a trial and the court or justice must determine the amount of the fine to be imposed; orthe 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 courtThe sentencing hearing may be held in the office of the court.
Evidence
Ticket as evidenceA 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.
[Repealed, 1996, c. 7, s. 23]
Evidence of vehicle’s ownershipA 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.
NoticeExcept 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 noticeEvidence 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.
Sentence
FinesA 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 imprisonmentA 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 punishmentWhere 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 defaultWhere 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
[Repealed, 1996, c. 7, s. 25]
Default Proceedings
Default convictionsFor 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 ifthe 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;more than thirty but not more than sixty days have elapsed since the date of service of the ticket;the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; andthe person alleged to have committed the contravention is not a young person.Examination of ticketThe 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) ifmore than thirty days have elapsed since the date of service of the ticket;the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; andthe person alleged to have committed the contravention is not a young person.Default convictionsThe contraventions court or justice of the peace shallif 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; orquash the proceeding, if the ticket is not complete and regular on its face.Notice of convictionAs 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
Young personsAn 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 ifthe 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;more than thirty but not more than sixty days have elapsed since the date of service of the ticket;the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; andthe person alleged to have committed the contravention is a young person.Examination of ticketThe 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) ifmore than thirty days have elapsed since the date of service of the ticket;the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; andthe person alleged to have committed the contravention is a young person.Summons or warrantThe 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.DeemingThe summons or warrant is deemed to have been issued under section 507 of the Criminal Code.
Removal of Convictions
Application to contraventions courtA 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 courtA 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
Review of convictions entered in defendant’s absenceIf the defendant was convicted in his or her absence, the contraventions court mayset aside the conviction if the court is satisfied thatthe defendant was not served with the ticket,the defendant was not notified of the time and place of the trial although the defendant requested a trial,the conviction was entered as a result of administrative error and through no fault of the defendant, orthe court lacked jurisdiction to enter the conviction; ordismiss the application.Review of convictions entered after trialIf the defendant was convicted after a trial, the contraventions or youth court mayset aside the conviction if the court is satisfied thatthe conviction is unreasonable or cannot be supported by the evidence,the conviction should be set aside on the ground of a wrong decision on a question of law, orthere was a miscarriage of justice; ordismiss the application ifthe application is not decided in favour of the defendant on any ground mentioned in paragraph (a),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), orthe court is satisfied that the defendant suffered no prejudice by any procedural irregularity at the trial.Effect of removal of convictionA court that sets aside a conviction under subsection (1) or (2) shall direct that a trial be held.Transfer to proper courtA 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 courtAs 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 courtAs 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
[Repealed, 1996, c. 7, s. 29]
Election of Crown
Election of CrownWhere 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 electionWhere 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 electionAs soon as practicable, the clerk of the court shall notify the defendant of the election.Contents of noticeA 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 obligationsThe 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. 302019, c. 25, s. 397
Practice and Procedure
RulesA 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.ConsistencyThe 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.PrepublicationA court that proposes to make rules under this sectionshall 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; andmay, 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.PublicationThe rules shall be published in the Canada Gazette.Quorum, etc. for making rulesSubsection 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.
FeesIn 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 inapplicableSection 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
Undertaking or Release Order
Limit on conditions — payment of amountDespite 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 securityDespite 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 depositIf 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 shallbe applied on account of the fine and fees imposed; andto 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 securityIf 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. 282019, c. 25, s. 398
Exclusion of laying informationWhere 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
Discharge and Enforcement of Fines and Fees
Definition of proceedingIn 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
Discharge of fines and feesA 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 chequesParagraph 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
NoticeIf 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
Civil enforcementIf 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 convictionA 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.LimitationA 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
Licences, permits and registration of establishmentsIf 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 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 mayrefuse to issue a licence or permit of that kind to the offender, orsuspend or revoke or refuse to renew a licence or permit of that kind held by the offender; andthe 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 mayrefuse to register the establishment, orsuspend or revoke or refuse to renew the registration of the establishment.1992, c. 47, s. 59; 1996, c. 7, s. 35
No imprisonment in defaultOnly 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 inapplicableSubsections 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
Where arrest possibleA 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 thatat 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;part of the fine remains unpaid;the notice referred to in section 57 has been sent to the offender; andenforcement 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 warrantAn offender arrested in execution of a warrant issued under subsection (1) shall be brought before the contraventions or youth courtwithout unreasonable delay and in any event within twenty-four hours after the arrest, if a judge is available within that period; oras 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
Determination by courtThe 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 offenderThe 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,for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; orfor the committal of the offender during the term determined by the court, if the offender is not a young person.Other discharge of fineA court that determines that an offender is willing to pay the fine though unable to pay it mayorder 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; orextend 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
Criminal Records
No criminal recordExcept in respect of a conviction for a contravention that is entered after a trial on an indictment,a person who has been convicted of a contravention has not been convicted of a criminal offence; anda 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)
Applications for employmentEvery 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:employment in any department, as defined in section 2 of the Financial Administration Act;employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;enrolment in the Canadian Forces; oremployment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.
Partial Abolition of Royal Prerogative
Issuance and revocation of passportsThe 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.
Application of Provincial Laws
Application of provincial lawsThe Governor in Council may, for the purposes of this Act, make regulations making applicable, in respect of any contravention or any contravention of a prescribed class of contraventions, alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of a province, laws of the province, as amended from time to time, relating to proceedings in respect of offences that are created by a law of the province, with such modifications as the circumstances require, and, without limiting the generality of the foregoing, the Governor in Council may make regulationsadapting any provision or any part of a provision of those laws;deeming any of the notices or other documents issued or entered into under those laws to be a ticket for the purposes of this Act or any of its provisions;prescribing, for the purposes of subsection 65.3(2), categories of fees; andproviding for any other matter in respect of the application of those laws.Application of certain provisions of this ActWhere the laws of a province apply by virtue of regulations made under subsection (1) in respect of a contravention or a contravention of a prescribed class, that is alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province, the definitions Attorney General, contravention, enactment, enforcement authority, fees, Minister, prescribed and ticket in section 2, sections 3, 4, 5 and 7, paragraphs 8(1)(a), (b), (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59, 63, 64, 65, 65.2 and 65.3 apply, and the remainder of this Act does not apply, in respect of the contravention.1996, c. 7, s. 37
Agreements with Provinces
General agreements with provincesThe Minister may enter into an agreement with the government of a province respecting the administration and enforcement of this Act generally.Particular agreementsThe Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent thereof respecting, in particular, any of the following matters:the prosecution of contraventions; andthe discharge and enforcement of fines and fees imposed in respect of contraventions alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province.1996, c. 7, s. 37
Compensation agreementsThe Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authorityrespecting the sharing with that province or authority of fines and fees imposed under this Act that are collected in respect of contraventions, for the purpose of providing for compensation by Canada of that province or authority, in whole or in part, in respect of the administration and enforcement of this Act; andnotwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or that authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines and fees referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.Deemed not public moneyThe fees imposed under the laws of a province, of a category prescribed under paragraph 65.1(1)(c), are deemed not to be public money for the purposes of the Financial Administration Act.Appropriation by ParliamentAll or a portion of the fines and fees referred to in paragraph (1)(a) that are applied for the purpose referred to in that paragraph are deemed to be appropriated by Parliament for that purpose.1996, c. 7, s. 37
Related Amendments
[Amendments]
Consequential Amendments
[Amendments]
Coming into Force
Coming into forceThis Act or any provision thereof shall come into force throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province.Coming into forceSection 84 shall come into force with respect to any provision of the schedule throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province.[Note: Sections 1 to 5 and 7, paragraphs 8(1)(a) to (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59 and 63 to 80.1 in force August 1, 1996, see SI/96-56; sections 81 to 83 and sections 2, 6, 13 and 15 of the schedule repealed before coming into force, see 2008, c. 20, s. 3.]1992, c. 47, s. 86; 1996, c. 7, s. 42
(Section 84)
[Repealed, 2012, c. 24, s. 96]
[Amendments]
[Repealed, 2000, c. 32, s. 47]
[Amendments]