Bill C-16
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SENTENCE |
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| Fines
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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.
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| No imprison- ment
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(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.
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| Minimum
punishment
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(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.
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| Punishment
on default
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(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.
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25. Section 43 of the Act is repealed.
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26. (1) The portion of subsection 44(1) of
the Act before paragraph (a) is replaced by
the following:
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| Default
convictions
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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
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(2) Paragraph 44(3)(a) of the Act is
replaced by the following:
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27. Section 46 of the Act is replaced by the
following:
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| Application to
contraven- tions court
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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.
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| Application to
youth court
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(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.
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28. Subsections 47(5) and (6) of the Act
are replaced by the following:
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| Trial -
contraven- tions court
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(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.
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| Trial - youth
court
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(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.
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29. The heading before section 48 and
sections 48 and 49 of the Act are repealed.
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30. Subsections 50(1) and (2) of the Act
are replaced by the following:
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| Election of
Crown
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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.
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| Effect of
election
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(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.
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31. Section 52 of the Act is replaced by the
following:
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| Fees
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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.
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| Criminal
Code
limitations on
fees and
allowances
inapplicable
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(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.
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32. Subsections 53(1) to (3) of the Act are
replaced by the following:
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| Recognizan- ces
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53. (1) Notwithstanding paragraphs
498(1)(g) and (h), 499(1)(b) and (c) and
515(2)(b), (c), (d) and (e) of the Criminal
Code, neither an officer in charge nor a justice
of the peace may direct that a recognizance be
entered into in an amount that exceeds the fine
established in respect of the contravention
under paragraph 8(1)(c).
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| Money or
other valuable
security
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(2) Notwithstanding paragraphs 498(1)(h),
499(1)(c) and 515(2)(d) and (e) of the
Criminal Code, neither an officer in charge
nor a justice of the peace may direct that a sum
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) be deposited.
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| Money or
other valuable
security as
fine deposit
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(3) Where in a proceeding in respect of a
contravention the defendant deposits a sum of
money or other valuable security with an
officer in charge or a justice of the peace and
the defendant is afterwards convicted in the
proceeding, the money or valuable security
shall
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33. Sections 54 to 57 of the Act are
replaced by the following:
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| Exclusion of
laying
information
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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.
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DISCHARGE AND ENFORCEMENT OF FINES AND FEES |
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| Definition of
``proceeding''
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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.
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| Discharge of
fines and fees
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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 718.1 of the Criminal
Code or by imprisonment for a term
determined by the court.
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| Charges for
cashing
cheques
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(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.
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| Notice
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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.
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34. Subsections 58(1) and (2) of the Act
are replaced by the following:
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| Civil
enforcement
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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.
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| Effect of
filing
conviction
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(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.
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35. The portion of section 59 of the Act
before paragraph (a) is replaced by the
following:
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| Licences,
permits and
registration of
establish- ments
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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,
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36. Paragraph 61(1)(b) of the Act is
replaced by the following:
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37. The Act is amended by adding the
following after section 65:
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APPLICATION OF PROVINCIAL LAWS |
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| Application of
provincial
laws
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65.1 (1) The 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 regulations
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| Application of
certain
provisions of
this Act
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(2) Where 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.
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AGREEMENTS WITH PROVINCES |
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| General
agreements
with
provinces
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65.2 (1) The Minister may enter into an
agreement with the government of a province
respecting the administration and
enforcement of this Act generally.
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| Particular
agreements
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(2) The 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:
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| Compensa- tion agreements
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65.3 (1) The Minister may enter into an
agreement with the government of a province
or with any provincial, municipal or local
authority
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| Deemed not
public money
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(2) The 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.
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| Appropria- tion by Parliament
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(3) All 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.
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| 1994, c. 44, s.
94
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38. Sections 68 to 72 of the Act are
replaced by the following:
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68. Subsection 145(8) of the Criminal
Code is repealed and the following
substituted therefor:
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| Election of
Crown under
Contraven- tions Act
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(8) For the purposes of subsections (3) to
(5), it is a lawful excuse to fail to comply with
a condition of an undertaking or recognizance
or to fail to appear at a time and place stated
in a summons, an appearance notice, a
promise to appear or a recognizance for the
purposes of the Identification of Criminals Act
if before the failure the Attorney General,
within the meaning of the Contraventions Act,
makes an election under section 50 of that Act.
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| R.S., c. 27 (1st
Supp.), s.
76(2)
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69. Subsection 501(3) of the said Act is
repealed and the following substituted
therefor:
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| Attendance
for purposes
of
Identification
of Criminals
Act
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(3) An appearance notice issued by a peace
officer or a promise to appear given to, or a
recognizance entered into before, an officer in
charge or another peace officer may require
the accused to appear at a time and place stated
in it for the purposes of the Identification of
Criminals Act, where the accused is alleged to
have committed an indictable offence and, in
the case of an offence designated as a
contravention under the Contraventions Act,
the Attorney General, within the meaning of
that Act, has not made an election under
section 50 of that Act.
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70. Section 502 of the said Act is repealed
and the following substituted therefor:
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| Failure to
appear
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502. Where an accused who is required by
an appearance notice or promise to appear or
by a recognizance entered into before an
officer in charge or another peace officer to
appear at a time and place stated in it for the
purposes of the Identification of Criminals Act
does not appear at that time and place and, in
the case of an offence designated as a
contravention under the Contraventions Act,
the Attorney General, within the meaning of
that Act, has not made an election under
section 50 of that Act, a justice may, where the
appearance notice, promise to appear or
recognizance has been confirmed by a justice
under section 508, issue a warrant for the
arrest of the accused for the offence with
which the accused is charged.
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71. Subsection 509(5) of the said Act is
repealed and the following substituted
therefor:
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| Attendance
for purposes
of
Identification
of Criminals
Act
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(5) A summons may require the accused to
appear at a time and place stated in it for the
purposes of the Identification of Criminals
Act, where the accused is alleged to have
committed an indictable offence and, in the
case of an offence designated as a
contravention under the Contraventions Act,
the Attorney General, within the meaning of
that Act, has not made an election under
section 50 of that Act.
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72. Section 510 of the said Act is repealed
and the following substituted therefor:
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| Failure to
appear
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510. Where an accused who is required by
a summons to appear at a time and place stated
in it for the purposes of the Identification of
Criminals Act does not appear at that time and
place and, in the case of an offence designated
as a contravention under the Contraventions
Act, the Attorney General, within the meaning
of that Act, has not made an election under
section 50 of that Act, a justice may issue a
warrant for the arrest of the accused for the
offence with which the accused is charged.
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