Bill C-114
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SENTENCE |
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23. Subsection 42(3) of the Act is replaced
by the following:
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| Minimum
punishment
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(3) Where a defendant in a proceeding
commenced by filing 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 a
fine in the amount established under section 8.
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24. Section 43 of the Act is repealed.
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25. (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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26. Section 46 of the Act is replaced by the
following:
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| Application to
contravention
s 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 filing 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
filing 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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27. Subsections 47(5) and (6) of the Act
are replaced by the following:
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| Trial - contr
aventions
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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28. The heading before section 48 and
sections 48 and 49 of the Act are repealed.
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29. 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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30. (1) Subsections 52(1) and (2) of the Act
are replaced by the following:
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| Fees
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52. (1) In proceedings commenced by filing
a ticket, a contraventions or youth court or a
justice of the peace may award such costs
established under paragraph 8(1)(e) as the
court or justice considers appropriate.
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(2) Subsection 52(3) of the French version
of the Act is replaced by the following:
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| Non-applicati
on des limites
quant aux
dépens et
allocations
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(3) L'article 840 du Code criminel ne
s'applique pas aux procédures introduites par
dépôt d'un procès-verbal; par conséquent, le
paragraphe 809(1) de cette loi n'a pas pour
effet de limiter le pouvoir du tribunal de
condamner aux dépens.
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31. (1) Subsection 53(1) of the Act is
replaced by the following:
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| Recognizance
s
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53. (1) Notwithstanding paragraphs
498(1)(g) and (h), 499(f) and (g) 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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(2) Subsection 53(2) of the English
version of the Act is replaced by the
following:
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| Money or
other valuable
security
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(2) Notwithstanding paragraphs 498(1)(h),
499(g) 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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(3) Subsection 53(3) of the Act is replaced
by the following:
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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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32. Section 54 of the Act is replaced by the
following:
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| Exclusion of
laying
information
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54. Notwithstanding the Criminal Code,
where a ticket is served in respect of a
contravention, an information may not be laid
in respect of that contravention.
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33. The heading before section 55 of the
Act is replaced by the following:
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DISCHARGE AND ENFORCEMENT OF FINES AND FEES |
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34. Sections 56 and 57 of the Act are
replaced by the following:
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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 of the fine 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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35. 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 its
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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36. 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
establishments
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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 of the fine or, if the
time for payment is extended, within thirty
days after the expiration of that time,
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37. Paragraph 61(1)(b) of the Act is
replaced by the following:
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38. 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, specified laws of the province, with
such modifications as are prescribed, 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 any contravention or any
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
``contravention'', ``enactment'',
``enforcement authority'', ``fees'' and
``ticket'' in section 2, sections 3, 4, 5 and 7,
paragraphs 8(1)(a), (b), (c), (e) and (f),
subsections 8(2) to (7) and 42(1) and (2) and
sections 50, 54, 55, 58, 59, 60, 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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| Compensation
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)(d), shall be deemed not to
be public money for the purposes of the
Financial Administration Act.
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| Appropriation
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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39. 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 replaced by the following:
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| Election of
Crown under
Contravention
s 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 Act is
replaced by the following:
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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 Act is replaced by
the following:
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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 Act is
replaced by the following:
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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 Act is replaced by
the following:
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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
therein 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 he is charged.
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