DISCHARGE AND ENFORCEMENT OF FINES AND FEES
Definition of “proceeding”
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.
- 1992, c. 47, s. 55;
- 1996, c. 7, s. 33.
Marginal note:Discharge of fines and fees
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 736 of the Criminal Code or by imprisonment for a term determined by the court.
Marginal note:Charges for cashing cheques
(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.
- 1992, c. 47, s. 56;
- 1995, c. 22, s. 17;
- 1996, c. 7, ss. 33, 43.
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.
- 1992, c. 47, s. 57;
- 1996, c. 7, s. 33.
Marginal note:Civil enforcement
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.
Marginal note:Effect of filing conviction
(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.
(3) A conviction may not be entered as a judgment under this section more than two years after the day on which the conviction was entered.
- 1992, c. 47, s. 58;
- 1996, c. 7, s. 34.
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