Bill C-114

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First Reading

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	1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
	The House of Commons of Canada
	BILL C-114
	An Act to amend the Contraventions Act and to make consequential amendments to other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 47; 1993, c. 28; 1994, cc. 22, 23, 26, 44; 1995, c. 22	CONTRAVENTIONS ACT
	*1. (1) The definition ``forfeitable thing'' in section 2 of the Contraventions Act* is repealed.**
	(2) The definition ``contraventions court'' in section 2 of the Act is replaced by the following:
``contraventio ns court'' « tribunal des contravention s »	``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;
	(3) Section 2 of the Act is amended by adding the following in alphabetical order:
``Attorney General'' « procureur général »	``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;
``fees'' « frais »	``fees'' means any of the amounts established under paragraph 8(1)(e);
``Minister'' « ministre »	``Minister'' means the Minister of Justice;
``prescribed'' « réglementair e »	``prescribed'' means prescribed by regulation;
	2. Section 5 of the Act is replaced by the following:
Relationship with Criminal Code and Young Offenders Act	5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Young Offenders 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.
	3. Section 6 of the Act is repealed.
	4. (1) Subsection 8(1) of the Act is replaced by the following:
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 filing a ticket;
	(d) prescribing the form of tickets and other forms that may be used for the purposes of this Act;
	(e) establishing 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 established in respect of each province.
	(2) Subsection 8(3) of the Act is replaced by the following:
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.
	(3) Subsection 8(8) of the Act is repealed.
	5. Section 11 of the Act is repealed.
	6. Paragraph 16(d) of the Act is replaced by the following:
	(d) set out a total amount equal to
	(i) the amount established under para graph 8(1)(c) as the amount of the fine, and
	(ii) the fees that are applicable on serving a ticket;
	7. Paragraph 18(b) of the Act is amended by adding the word ``or'' at the end of subparagraph (i), by striking out the word ``or'' at the end of subparagraph (ii) and by repealing subparagraph (iii).
	8. Section 20 of the Act is repealed.
	9. (1) Paragraph 21(1)(a) of the Act is replaced by the following:
	(a) plead guilty and pay the total amount set out in the ticket in accordance with section 22;
	(2) Subsection 21(2) of the Act is repealed.
	10. Section 22 of the Act is replaced by the following:
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.
	11. (1) Paragraphs 23(2)(a) to (c) of the Act are replaced by 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.
	(2) Subparagraphs 23(3)(a)(i) to (iii) of the Act are replaced by the following:
	(i) impose a fine and the applicable fees in amounts not exceeding the amounts established under section 8 or any sen tence 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;
	(3) Paragraphs 23(3)(b) and (c) of the Act are replaced by the following:
	(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 established under section 8; or
	(c) if the court, justice or officer considers, having regard to the amounts of the fine and applicable fees established 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.
	12. Section 24 of the Act is repealed.
	13. Section 25 of the Act is replaced by the following:
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.
	14. Subsection 26(2) of the Act is replaced by the following:
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.
	15. Section 27 of the Act is repealed.
	16. Paragraphs 29(b) to (d) of the Act are replaced by the following:
	(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.
	17. Section 31 of the Act is replaced by the following:
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.
	18. (1) Paragraph 33(1)(b) of the Act is replaced by the following:
	(b) adjourn the proceeding and fix a new trial date, if the Attorney General so requests.
	(2) Subsection 33(4) of the English version of the Act is replaced by the following:
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.
	19. Sections 34 and 35 of the Act are replaced by the following:
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.
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.
	20. Section 36 of the English version of the Act is replaced by the following:
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.
	21. Section 39 of the Act is replaced by the following:
Misleading justice	39. Every one who makes a false statement, knowing that it is false, in any ticket that is filed in the office of a court is guilty of an offence and liable to imprisonment for a term not exceeding six months.
	22. The heading before section 42 of the Act is replaced by the following:

Bill C-114

BILL C-114

CONTRAVENTIONS ACT