Contraventions Act (S.C. 1992, c. 47)

Act current to 2013-04-29 and last amended on 2012-03-13. Previous Versions

The following provision is not in force.
Marginal note:Language of trial

30. The choice of a defendant in responding to a ticket as to the official language, being the defendant’s language, in which the defendant wishes to be tried is deemed to be an order granted under section 530 of the Criminal Code and accordingly sections 530.1 and 531 of that Act apply in respect of the choice.

The following provision is not in force.
Marginal note: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.

  • 1992, c. 47, s. 31;
  • 1996, c. 7, s. 19.
The following provision is not in force.
Marginal note:Court shall not require defendant to appear personally

32. Notwithstanding subsection 800(2) of the Criminal Code, if the defendant appears for the trial by counsel or agent, the contraventions court or justice shall not issue a warrant for the arrest of the defendant.

The following provision is not in force.
Marginal note:Ex parte trial where defendant absent

  • 33. (1) If the defendant does not appear for the trial in person or by counsel or agent and the contraventions court or justice is satisfied that the defendant was served with the ticket and notified of the time and place of the trial, the court or justice may

    • (a) after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant; or

    • (b) adjourn the proceeding and fix a new trial date, if the Attorney General so requests.

  • Marginal note:New trial date

    (2) If the defendant does not appear for the trial at the new trial date fixed under paragraph (1)(b), the contraventions court or justice shall, after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant.

  • Marginal note: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 34(1)(b), but is adjourned and the defendant 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 or resume the trial in the absence of the defendant if the proceeding has not previously been adjourned as a result of the defendant not appearing; and

    • (b) shall resume the trial in the absence of the defendant, if the proceeding has previously been adjourned as a result of the defendant not appearing.

  • Marginal note: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.

  • 1992, c. 47, s. 33;
  • 1996, c. 7, s. 20.