Marginal note:Application of Part
786. (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.
(2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree.
- R.S., 1985, c. C-46, s. 786;
- 1997, c. 18, s. 110.
Marginal note:General penalty
787. (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.
Marginal note:Imprisonment in default where not otherwise specified
(2) Where the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term not exceeding six months.
(3) to (11) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 171]
- R.S., 1985, c. C-46, s. 787;
- R.S., 1985, c. 27 (1st Supp.), s. 171;
- 2008, c. 18, s. 44.
Marginal note:Commencement of proceedings
788. (1) Proceedings under this Part shall be commenced by laying an information in Form 2.
Marginal note:One justice may act before the trial
(2) Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may
(a) receive the information;
(b) issue a summons or warrant with respect to the information; and
(c) do all other things preliminary to the trial.
- R.S., c. C-34, s. 723.
Marginal note:Formalities of information
789. (1) In proceedings to which this Part applies, an information
(a) shall be in writing and under oath; and
(b) may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.
Marginal note:No reference to previous convictions
(2) No information in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.
- R.S., c. C-34, s. 724.
- Date modified: