48. and 49. [Repealed, 1996, c. 7, s. 29]
ELECTION OF CROWN
Marginal note:Election of Crown
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.
Marginal note:Effect of election
(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.
Marginal note:Notice of election
(3) As soon as practicable, the clerk of the court shall notify the defendant of the election.
Marginal note:Contents of notice
(4) A notice of election must have the contents required of a ticket by section 16 and state that, where an undertaking was given to a justice of the peace or a judge, its conditions cease to have effect.
Marginal note:Effect on undertaking’s conditions
(5) The conditions in an undertaking given to a justice of the peace or a judge cease to have effect on the defendant’s being notified of the election.
- 1992, c. 47, s. 50;
- 1996, c. 7, s. 30.
PRACTICE AND PROCEDURE
51. (1) A 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.
(2) The 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.
(3) A court that proposes to make rules under this section
(a) shall 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; and
(b) may, 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.
(4) The rules shall be published in the Canada Gazette.
Marginal note:Quorum, etc. for making rules
(5) Subsection 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.
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