Contraventions Act (S.C. 1992, c. 47)

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

The following provision is not in force.
Marginal note:Dismissal of proceeding where Crown absent

  • 34. (1) If the defendant appears for the trial but the Attorney General does not and the contraventions court or justice is satisfied that the Attorney General was notified of the time and place of the trial, the court or justice may

    • (a) dismiss the proceeding; or

    • (b) adjourn the proceeding and fix a new trial date, on any terms that the court or justice considers proper.

  • Marginal note:New trial date

    (2) If the defendant appears for the trial at the new trial date fixed under paragraph (1)(b) but the Attorney General does not, the contraventions court or justice shall dismiss the proceeding.

  • 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 33(1)(b), but is adjourned and the Attorney General 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, on any terms that the court or justice considers proper, or dismiss the proceeding, if the proceeding has not previously been adjourned as a result of the Attorney General not appearing; and

    • (b) shall dismiss the proceeding, if it has previously been adjourned as a result of the Attorney General not appearing.

  • 1992, c. 47, s. 34;
  • 1996, c. 7, s. 21.
The following provision is not in force.
Marginal note:New trial date

35. As soon as practicable after the contraventions court or justice fixes a new trial date or a new date for the resumption of the trial, the clerk of the court shall notify the defendant and the Attorney General of its time and place.

  • 1992, c. 47, s. 35;
  • 1996, c. 7, s. 21.
The following provision is not in force.
Marginal note:Notice of conviction

36. 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 in the absence of the offender, the clerk of the court shall cause a notice of the conviction, the amounts of any fine and fees and any time allowed for their payment to be sent to the offender by ordinary mail.

  • 1992, c. 47, s. 36;
  • 1996, c. 7, s. 22(E).

SENTENCING HEARING

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

  • 37. (1) A contraventions court or a justice of the peace or, in the case of a young person in a province the lieutenant governor in council of which has not made an order under subsection 17(2), a youth court shall hold a sentencing hearing in a proceeding commenced by filing a ticket, if

    • (a) the defendant is convicted after a trial and the court or justice must determine the amount of the fine to be imposed; or

    • (b) the court or a justice of the peace or other officer directs that a sentencing hearing be held after the defendant has pleaded guilty but made representations with respect to the matters referred to in subsection 23(2).

  • Marginal note:Need not be in court

    (2) The sentencing hearing may be held in the office of the court.