Marginal note:Binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada or a province.
4. The purposes of this Act are
(a) to provide a procedure for the prosecution of contraventions that reflects the distinction between criminal offences and regulatory offences and that is in addition to the procedures set out in the Criminal Code for the prosecution of contraventions and other offences; and
(b) to alter or abolish the consequences in law of being convicted of a contravention, in light of that distinction.
RELATIONSHIP WITH OTHER ACTS
Marginal note:Relationship with Criminal Code and Youth Criminal Justice Act
5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice Act apply to proceedings in respect of contraventions that are commenced under this Act, except to the extent that this Act, the regulations or the rules of court provide otherwise.
- 1992, c. 47, s. 5;
- 1996, c. 7, s. 2;
- 2002, c. 1, s. 168.
6. [Repealed, 1996, c. 7, s. 3]
Marginal note:Relationship with arrest provisions
7. A power of arrest in respect of an offence that is conferred by an enactment may be exercised in respect of the offence even though the offence is designated as a contravention, but nothing in this Act confers or enlarges a power of arrest.
DESIGNATION OF OFFENCES
8. (1) The Governor in Council may, for the purposes of this Act, make regulations
(a) designating as contraventions offences created by any enactment, other than offences for which an offender may be prosecuted only on indictment;
(b) establishing short-form descriptions of contraventions;
(c) establishing, in respect of a contravention, an amount as the amount of the fine for the purposes of proceedings commenced by means of a ticket;
- The following provision is not in force.
(d) prescribing the form of tickets and other forms that may be used for the purposes of this Act;
(e) providing for the fees, costs, penalties and other amounts that
(i) shall be imposed in respect of a contravention, or
(ii) may be imposed in respect of a contravention,
in the circumstances prescribed, at any stage of the proceedings; and
(f) prescribing classes of contraventions for the purposes of this Act.
(1.1) Different fees may be provided for in respect of each province.
Marginal note:Revocation of designation
(2) For greater certainty, the Governor in Council may revoke the designation of an offence as a contravention.
Marginal note:Maximum fine
(3) An amount established under paragraph (1)(c) may not exceed the maximum amount established for the relevant offence by the enactment creating the offence.
Marginal note:Maximum fine for contraventions by young persons
(4) An amount established under paragraph (1)(c) in respect of a contravention, other than a contravention relating to parking a vehicle, may not exceed one hundred dollars, if the contravention is committed by a young person.
Marginal note:Minimum fine
(5) An amount established under paragraph (1)(c) may not be less than any minimum amount prescribed for the relevant offence by the enactment creating the offence.
Marginal note:Corporations and individuals
(6) Different amounts may be established under paragraph (1)(c) in respect of corporations and individuals committing the same contravention if the enactment creating the offence differentiates between them in prescribing the punishment for the offence.
Marginal note:Sufficiency of short-form description
(7) The use on a form prescribed under this Act of a short-form description established under paragraph (1)(b) or of a description that deviates from that description without affecting its substance is sufficient for all purposes to describe the contravention.
(8) [Repealed, 1996, c. 7, s. 4]
- 1992, c. 47, s. 8;
- 1996, c. 7, s. 4.
- Date modified: