Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-07-09 and last amended on 2015-06-23. Previous Versions

FORM 9(Section 493)APPEARANCE NOTICE ISSUED BY A PEACE OFFICER TO A PERSON NOT YET CHARGED WITH AN OFFENCE

Canada, Province of , (territorial division).

To A.B., of , (occupation):

You are alleged to have committed (set out substance of offence).

  • 1. You are required to attend court on day, the day of A.D. , at o’clock in the noon, in courtroom No. , at court, in the municipality of , and to attend thereafter as required by the court, in order to be dealt with according to law.

  • 2. You are also required to appear on day, the day of A.D. , at o’clock in the noon, at (police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)

You are warned that failure to attend court in accordance with this appearance notice is an offence under subsection 145(5) of the Criminal Code.

Subsections 145(5) and (6) of the Criminal Code state as follows:

  • “(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • (6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.”

Section 502 of the Criminal Code states as follows:

  • 502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.”

Issued at a.m./p.m. this day of A.D. , at .

(Signature of peace officer)

(Signature of accused)

  • R.S., 1985, c. C-46, Form 9;
  • R.S., 1985, c. 27 (1st Supp.), s. 184;
  • 1994, c. 44, s. 84;
  • 1997, c. 18, s. 115.