Contraventions Act (S.C. 1992, c. 47)

Act current to 2016-08-15 and last amended on 2012-03-13. Previous Versions

Completion and Service of Tickets

The following provision is not in force.
Marginal note:Completion and service of ticket
  •  (1) An enforcement authority who believes on reasonable grounds that a person has committed a contravention may, within thirty days after the day on which the contravention is believed to have been committed, complete a ticket in respect of that contravention and cause it to be served on the person.

  • Marginal note:Notes on all copies

    (2) A ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.

The following provision is not in force.
Marginal note:Service on individuals
  •  (1) Service of a ticket on an individual must be personal and is effected by leaving a copy of it with the individual or, if the individual cannot conveniently be found, with a person who appears to be at least eighteen years of age at the last or usual place of residence of the individual.

  • Marginal note:Service on corporations

    (2) Service of a ticket on a corporation is effected by

    • (a) leaving a copy of it with

      • (i) the clerk or the chairperson, mayor, warden, reeve or other chief officer, in the case of a municipal corporation, or

      • (ii) an officer or director or the person at any place of business of the corporation who appears to be in control or management of the place of business, in the case of a corporation other than a municipal corporation; or

    • (b) sending a copy of it by registered mail to the head office of the corporation.

  • Marginal note:Service on non-residents

    (3) Service of a ticket on an individual who does not reside in Canada may be effected by sending a copy of it by registered mail to the last or usual place of residence of the individual.

  • Marginal note:Effective date

    (4) Service of a ticket by registered mail is effective on the seventh day after the ticket is mailed.

 [Repealed, 1996, c. 7, s. 5]

The following provision is not in force.
Marginal note:Parking contraventions
  •  (1) An enforcement authority who believes from personal knowledge that a person has committed a contravention relating to parking a vehicle may, at the time of the alleged contravention, complete a ticket in respect of that contravention and serve it on the person or the owner of the vehicle.

  • Marginal note:Notes on all copies

    (2) A ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.

The following provision is not in force.
Marginal note:Vicarious liability of vehicle owners

 Where a contravention relating to parking a vehicle is committed, the owner of the vehicle is guilty of the like contravention.

The following provision is not in force.
Marginal note:Service of parking ticket
  •  (1) Service of a ticket, in respect of a contravention relating to parking a vehicle, on the person who parked the vehicle is effected by affixing the ticket to the vehicle in a conspicuous place or by leaving a copy of the ticket with the person having care and control of the vehicle.

  • Marginal note:Service on vehicle owner

    (2) Service of a ticket, in respect of a contravention relating to parking a vehicle, on the owner of the vehicle is effected by affixing the ticket to the vehicle in a conspicuous place.

The following provision is not in force.
Marginal note:Certificate of service
  •  (1) An enforcement authority who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the day set out in the certificate, served on the person who the enforcement authority believes committed the contravention and, in the case of a ticket served in respect of a contravention relating to parking a vehicle, on the owner of the vehicle.

  • Marginal note:Certificate as evidence

    (2) The certificate is evidence that, on the day set out in the certificate, a ticket was served on the person who the enforcement authority believes committed the contravention and, in the case of a ticket served in respect of a contravention relating to parking a vehicle, the owner of the vehicle.

Contents of Ticket

The following provision is not in force.
Marginal note:Contents of ticket

 A ticket must be in the form prescribed under paragraph 8(1)(d) and

  • (a) contain a statement signed by the enforcement authority certifying, in the case of a ticket served under section 9, that the enforcement authority has reasonable grounds to believe that a contravention has been committed and, in the case of a ticket served under section 12, that the enforcement authority believes from personal knowledge that a contravention has been committed;

  • (b) include the short-form description of the contravention established under paragraph 8(1)(b);

  • (c) indicate with reasonable precision, having regard to all the circumstances, the time and place at which the contravention was committed;

  • (d) set out a total amount equal to

    • (i) the amount established under paragraph 8(1)(c) as the amount of the fine, and

    • (ii) the fees that are applicable on serving a ticket;

  • (e) set out the options the person served with the ticket has in responding to it, the time within which the person must respond and the consequences under section 44 of failing to respond;

  • (f) provide an opportunity for the person to indicate in which official language, being the person’s language, the person wishes to be tried;

  • (g) provide an opportunity for the person to indicate whether the person is a young person;

  • (h) mention that the ticket may be used as the evidence of the enforcement authority; and

  • (i) provide an opportunity for the person to indicate whether the attendance of the enforcement authority who completed the ticket is required for the purposes of cross-examination.

  • 1992, c. 47, s. 16;
  • 1996, c. 7, s. 6.

Commencement of Proceedings

Marginal note:Filing of ticket
  • The following provision is not in force.

     (1) A proceeding in respect of a contravention may be commenced by filing a ticket in the office of the contraventions court or, if the contravention is alleged to have been committed by a young person and the lieutenant governor in council of the province has not made an order under subsection (2), in the office of the youth court.

  • The following provision is not in force.
    Marginal note:Jurisdiction of adult courts over young persons

    (2) Notwithstanding the Youth Criminal Justice Act, a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice court, in respect of any contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province the lieutenant governor in council of which has ordered that any such contravention be dealt with in ordinary court.

  • The following provision is not in force.
    Marginal note:Application of Statutory Instruments Act

    (3) Paragraph 3(2)(d) of the Statutory Instruments Act does not apply in respect of an order of the lieutenant governor in council of a province under subsection (2).

  • (4) [Repealed, 2001, c. 26, s. 293]

  • 1992, c. 47, s. 17;
  • 1996, c. 7, s. 7;
  • 2001, c. 26, s. 293;
  • 2002, c. 1, s. 169.
The following provision is not in force.
Marginal note:Obligatory filing of ticket

 An enforcement authority shall cause a ticket to be filed in the office of the relevant court in the following cases within the following times, namely,

  • (a) if that office is the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial, as soon as practicable, and in any event within thirty days, after the ticket is served; or

  • (b) if that office is not the place specified in the ticket for those purposes and the person served with the ticket

    • (i) requests an opportunity to plead guilty but make representations in accordance with section 23, or

    • (ii) requests a trial in accordance with section 26,

    • (iii) [Repealed, 1996, c. 7, s. 8]

    as soon as practicable, and in any event within thirty days, after the person does so.

  • 1992, c. 47, s. 18;
  • 1996, c. 7, s. 8.
 
Date modified: