Contraventions Act (S.C. 1992, c. 47)

Marginal note:Language of trial

30 The choice of a defendant in responding to a ticket as to the official language, being the defendant’s language, in which the defendant wishes to be tried is deemed to be an order granted under section 530 of the Criminal Code and accordingly sections 530.1 and 531 of that Act apply in respect of the choice.

Marginal note:Attendance of person who completed ticket

31 If a defendant in responding to a ticket indicates that the attendance of the enforcement authority who completed the ticket is required for the purposes of cross-examination, the Attorney General shall ensure that the enforcement authority attends the trial.

Marginal note:Court shall not require defendant to appear personally

32 Notwithstanding subsection 800(2) of the Criminal Code, if the defendant appears for the trial by counsel or agent, the contraventions court or justice shall not issue a warrant for the arrest of the defendant.

Marginal note:Ex parte trial where defendant absent

• 33 (1) If the defendant does not appear for the trial in person or by counsel or agent and the contraventions court or justice is satisfied that the defendant was served with the ticket and notified of the time and place of the trial, the court or justice may

  • (a) after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant; or

  • (b) adjourn the proceeding and fix a new trial date, if the Attorney General so requests.

• Marginal note:New trial date

  (2) If the defendant does not appear for the trial at the new trial date fixed under paragraph (1)(b), the contraventions court or justice shall, after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant.

• Marginal note:Resumption of trial

  (3) If the trial begins, either on the date originally fixed or on the new date fixed under paragraph (1)(b) or 34(1)(b), but is adjourned and the defendant does not appear for the resumption of the trial, the contraventions court or justice

  • (a) may either adjourn the trial and fix a new date for its resumption or resume the trial in the absence of the defendant if the proceeding has not previously been adjourned as a result of the defendant not appearing; and

  • (b) shall resume the trial in the absence of the defendant, if the proceeding has previously been adjourned as a result of the defendant not appearing.

• Marginal note:Court shall not issue warrant for arrest of defendant

  (4) Notwithstanding subsection 803(2) of the Criminal Code, if the defendant does not appear for the trial or a resumption of the trial, a warrant for the arrest of the defendant shall not be issued.

Marginal note:Dismissal of proceeding where Crown absent

• 34 (1) If the defendant appears for the trial but the Attorney General does not and the contraventions court or justice is satisfied that the Attorney General was notified of the time and place of the trial, the court or justice may

  • (a) dismiss the proceeding; or

  • (b) adjourn the proceeding and fix a new trial date, on any terms that the court or justice considers proper.

• Marginal note:New trial date

  (2) If the defendant appears for the trial at the new trial date fixed under paragraph (1)(b) but the Attorney General does not, the contraventions court or justice shall dismiss the proceeding.

• Marginal note:Resumption of trial

  (3) If the trial begins, either on the date originally fixed or on the new date fixed under paragraph (1)(b) or 33(1)(b), but is adjourned and the Attorney General does not appear for the resumption of the trial, the contraventions court or justice

  • (a) may either adjourn the trial and fix a new date for its resumption, on any terms that the court or justice considers proper, or dismiss the proceeding, if the proceeding has not previously been adjourned as a result of the Attorney General not appearing; and

  • (b) shall dismiss the proceeding, if it has previously been adjourned as a result of the Attorney General not appearing.

Marginal note:New trial date

35 As soon as practicable after the contraventions court or justice fixes a new trial date or a new date for the resumption of the trial, the clerk of the court shall notify the defendant and the Attorney General of its time and place.

Marginal note:Notice of conviction

36 As soon as practicable after an offender, whose address appears on the ticket, the certificate of service or other document in the court file, is convicted in the absence of the offender, the clerk of the court shall cause a notice of the conviction, the amounts of any fine and fees and any time allowed for their payment to be sent to the offender by ordinary mail.

Marginal note:Sentencing hearing

• 37 (1) A contraventions court or a justice of the peace or, in the case of a young person in a province the lieutenant governor in council of which has not made an order under subsection 17(2), a youth court shall hold a sentencing hearing in a proceeding commenced by filing a ticket, if

  • (a) the defendant is convicted after a trial and the court or justice must determine the amount of the fine to be imposed; or

  • (b) the court or a justice of the peace or other officer directs that a sentencing hearing be held after the defendant has pleaded guilty but made representations with respect to the matters referred to in subsection 23(2).

• Marginal note:Need not be in court

  (2) The sentencing hearing may be held in the office of the court.

Marginal note:Ticket as evidence

38 A ticket that is filed in the office of the contraventions court or the youth court, including any notes that purport to have been made by, and any portions that purport to have been completed by, an enforcement authority in respect of matters of which the authority has personal knowledge, is evidence of the facts alleged in the ticket without proof of the signature or official character of the person appearing to have completed the ticket.

Marginal note:Evidence of vehicle’s ownership

40 A statement purporting to be signed by or on behalf of the registrar of motor vehicles of a province and certifying that a person was the owner of a vehicle at the time specified in the statement is evidence that the person owned the vehicle at that time, without proof of the signature or official character of the person appearing to have signed the statement.

Marginal note:Notice

• 41 (1) Except as otherwise provided, a notice or document required or authorized to be given or delivered under this Act may be given or delivered personally or by ordinary mail.

• Marginal note:Evidence of notice

  (2) Evidence that a notice or document required or authorized to be given or delivered to a person under this Act was sent by ordinary mail to the person at his or her address appearing on a ticket, certificate of service or other document in the court file is evidence that the notice or document was given or delivered to the person.

Marginal note:Default convictions

• 44 (1) For the purpose of obtaining a default conviction, a proceeding in respect of a contravention may be commenced by filing a ticket in the office of the contraventions court if

  • (a) the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial is not the office of the court;

  • (b) more than thirty but not more than sixty days have elapsed since the date of service of the ticket;

  • (c) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

  • (d) the person alleged to have committed the contravention is not a young person.

• Marginal note:Examination of ticket

  (2) The contraventions court or a justice of the peace shall examine a ticket that has been filed in the office of the court under subsection (1) or paragraph 18(a) if

  • (a) more than thirty days have elapsed since the date of service of the ticket;

  • (b) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

  • (c) the person alleged to have committed the contravention is not a young person.

• Marginal note:Default convictions

  (3) The contraventions court or justice of the peace shall

  • (a) if the ticket is complete and regular on its face, convict the defendant and impose a fine and the applicable fees in the amounts provided for under section 8; or

  • (b) quash the proceeding, if the ticket is not complete and regular on its face.

• Marginal note:Notice of conviction

  (4) As soon as practicable after an offender whose address appears on the ticket, the certificate of service or other document in the court file is convicted under paragraph (3)(a), the clerk of the court shall cause a notice of the conviction to be sent to the offender by ordinary mail.

Marginal note:Young persons

• 45 (1) An enforcement authority may, for the purpose of compelling the appearance of a young person so that a trial can take place, commence a proceeding in respect of a contravention by filing a ticket in the office of the youth court or, in a province the lieutenant governor in council of which has made an order under subsection 17(2), in the office of the contraventions court if

  • (a) the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial is not the office of the court;

  • (b) more than thirty but not more than sixty days have elapsed since the date of service of the ticket;

  • (c) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

  • (d) the person alleged to have committed the contravention is a young person.

• Marginal note:Examination of ticket

  (2) The youth or contraventions court or a justice of the peace shall examine a ticket that has been filed in the office of the court under subsection (1) or paragraph 18(a) if

  • (a) more than thirty days have elapsed since the date of service of the ticket;

  • (b) the person alleged to have committed the contravention has not exercised any of the options referred to in section 21; and

  • (c) the person alleged to have committed the contravention is a young person.

• Marginal note:Summons or warrant

  (3) The youth or contraventions court or justice may issue a summons or a warrant for the arrest of the young person to compel the young person to attend before the court or justice or some other justice for the same territorial division.

• Marginal note:Deeming

  (4) The summons or warrant is deemed to have been issued under section 507 of the Criminal Code.