Contraventions Act (S.C. 1992, c. 47)

Act current to 2013-05-26 and last amended on 2012-03-13. Previous Versions

 [Repealed, 1996, c. 7, s. 25]

DEFAULT PROCEEDINGS

The following provision is not in force.
Marginal note:Default convictions
  •  (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

    • (a) the 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;

    • (b) more than thirty but not more than sixty days have elapsed since the date of service of the ticket;

    • (c) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

    • (d) the person alleged to have committed the contravention is not a young person.

  • Marginal note:Examination of ticket

    (2) The 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) if

    • (a) more than thirty days have elapsed since the date of service of the ticket;

    • (b) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

    • (c) the person alleged to have committed the contravention is not a young person.

  • Marginal note:Default convictions

    (3) The contraventions court or justice of the peace shall

    • (a) if 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; or

    • (b) quash the proceeding, if the ticket is not complete and regular on its face.

  • Marginal note:Notice of conviction

    (4) 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 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.
The following provision is not in force.
Marginal note:Young persons
  •  (1) An 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 if

    • (a) the 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;

    • (b) more than thirty but not more than sixty days have elapsed since the date of service of the ticket;

    • (c) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

    • (d) the person alleged to have committed the contravention is a young person.

  • Marginal note:Examination of ticket

    (2) The 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) if

    • (a) more than thirty days have elapsed since the date of service of the ticket;

    • (b) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

    • (c) the person alleged to have committed the contravention is a young person.

  • Marginal note:Summons or warrant

    (3) The 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.

  • Marginal note:Deeming

    (4) The summons or warrant is deemed to have been issued under section 507 of the Criminal Code.