Contraventions Act (S.C. 1992, c. 47)

Act current to 2017-10-13 and last amended on 2012-03-13. Previous Versions

The following provision is not in force.
Marginal note:Determination by court
  •  (1) The court before which an offender arrested in execution of the warrant is brought shall determine whether the offender is unwilling though able to pay the fine.

  • Marginal note:Committal of offender

    (2) The court may, where it determines that the offender is unwilling though able to pay the fine, issue a warrant for the committal of the offender in Form 8 of Part XXVIII of the Criminal Code, varied to suit the case,

    • (a) for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; or

    • (b) for the committal of the offender during the term determined by the court, if the offender is not a young person.

  • Marginal note:Other discharge of fine

    (3) A court that determines that an offender is willing to pay the fine though unable to pay it may

    • (a) order that the fine be discharged 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

    • (b) extend the time for payment of the fine by ordering periodic payments or otherwise.

  • 1992, c. 47, s. 62;
  • 1995, c. 22, s. 17;
  • 2002, c. 1, s. 170.

Criminal Records

Marginal note:No criminal record

 Except in respect of a conviction for a contravention that is entered after a trial on an indictment,

  • (a) a person who has been convicted of a contravention has not been convicted of a criminal offence; and

  • (b) a contravention does not constitute an offence for the purposes of the Criminal Records Act.

  • 1992, c. 47, s. 63;
  • 2012, c. 1, s. 140(F).
Marginal note:Applications for employment

 Every one is guilty of an offence who uses or authorizes the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction for a contravention, other than a conviction entered after a trial on an indictment:

  • (a) employment in any department, as defined in section 2 of the Financial Administration Act;

  • (b) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;

  • (c) enrolment in the Canadian Forces; or

  • (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

Partial Abolition of Royal Prerogative

Marginal note:Issuance and revocation of passports

 The prerogative right of the Crown to refuse to issue a passport to a person, or to revoke the passport of a person, by reason only that the person is charged with or convicted of a contravention or of an offence committed outside Canada that, if committed in Canada, would constitute a contravention is abolished.

Application of Provincial Laws

Marginal note:Application of provincial laws
  •  (1) The Governor in Council may, for the purposes of this Act, make regulations making applicable, in respect of any contravention or any contravention of a prescribed class of contraventions, alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of a province, laws of the province, as amended from time to time, relating to proceedings in respect of offences that are created by a law of the province, with such modifications as the circumstances require, and, without limiting the generality of the foregoing, the Governor in Council may make regulations

    • (a) adapting any provision or any part of a provision of those laws;

    • (b) deeming any of the notices or other documents issued or entered into under those laws to be a ticket for the purposes of this Act or any of its provisions;

    • (c) prescribing, for the purposes of subsection 65.3(2), categories of fees; and

    • (d) providing for any other matter in respect of the application of those laws.

  • Marginal note:Application of certain provisions of this Act

    (2) Where the laws of a province apply by virtue of regulations made under subsection (1) in respect of a contravention or a contravention of a prescribed class, that is alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province, the definitions Attorney General, contravention, enactment, enforcement authority, fees, Minister, prescribed and ticket in section 2, sections 3, 4, 5 and 7, paragraphs 8(1)(a), (b), (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59, 63, 64, 65, 65.2 and 65.3 apply, and the remainder of this Act does not apply, in respect of the contravention.

  • 1996, c. 7, s. 37.

Agreements with Provinces

Marginal note:General agreements with provinces
  •  (1) The Minister may enter into an agreement with the government of a province respecting the administration and enforcement of this Act generally.

  • Marginal note:Particular agreements

    (2) The Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent thereof respecting, in particular, any of the following matters:

    • (a) the prosecution of contraventions; and

    • (b) the discharge and enforcement of fines and fees imposed in respect of contraventions alleged to have been committed in or otherwise within the territorial jurisdiction of the courts of the province.

  • 1996, c. 7, s. 37.
Marginal note:Compensation agreements
  •  (1) The Minister may enter into an agreement with the government of a province or with any provincial, municipal or local authority

    • (a) respecting the sharing with that province or authority of fines and fees imposed under this Act that are collected in respect of contraventions, for the purpose of providing for compensation by Canada of that province or authority, in whole or in part, in respect of the administration and enforcement of this Act; and

    • (b) notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or that authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines and fees referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.

  • Marginal note:Deemed not public money

    (2) The fees imposed under the laws of a province, of a category prescribed under paragraph 65.1(1)(c), are deemed not to be public money for the purposes of the Financial Administration Act.

  • Marginal note:Appropriation by Parliament

    (3) All or a portion of the fines and fees referred to in paragraph (1)(a) that are applied for the purpose referred to in that paragraph are deemed to be appropriated by Parliament for that purpose.

  • 1996, c. 7, s. 37.

Related Amendments

 [Amendments]

Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force
  • Footnote * (1) This Act or any provision thereof shall come into force throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province.

  • Marginal note:Coming into force

    (2) Section 84 shall come into force with respect to any provision of the schedule throughout Canada or in any province on a day or days to be fixed by order of the Governor in Council made throughout Canada or in respect of that province.

    • Return to footnote *[Note: Sections 1 to 5 and 7, paragraphs 8(1)(a) to (c), (e) and (f), subsections 8(1.1) to (7) and 17(4) and sections 42, 54, 55, 58, 59 and 63 to 80.1 in force August 1, 1996, see SI/96-56; sections 81 to 83 and sections 2, 6, 13 and 15 of the schedule repealed before coming into force, see 2008, c. 20, s. 3.]

  • 1992, c. 47, s. 86;
  • 1996, c. 7, s. 42.
 
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