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Contraventions Act (S.C. 1992, c. 47)

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Act current to 2022-06-20 and last amended on 2019-12-18. Previous Versions

Undertaking or Release Order

The following provision is not in force.

Marginal note:Limit on conditions — payment of amount

  •  (1) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).

  • Marginal note:Limit on conditions — deposit of money or other security

    (2) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).

  • Marginal note:Money or other valuable security as fine deposit

    (3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall

    • (a) be applied on account of the fine and fees imposed; and

    • (b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.

  • Marginal note:Return of money or other valuable security

    (4) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.

Marginal note:Exclusion of laying information

 Where a ticket is served in respect of a contravention, an information under the Criminal Code may not be laid in respect of that contravention.

  • 1992, c. 47, s. 54
  • 1996, c. 7, s. 33

Discharge and Enforcement of Fines and Fees

Definition of proceeding

 In sections 56 to 62, proceeding means a proceeding in respect of a contravention that is commenced by means of a ticket or by laying an information where the prosecutor elects to proceed summarily.

  • 1992, c. 47, s. 55
  • 1996, c. 7, s. 33
The following provision is not in force.

Marginal note:Discharge of fines and fees

  •  (1) A fine or any fees imposed in a proceeding may be discharged by payment or, if a court or justice of the peace so orders, 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 by imprisonment for a term determined by the court.

  • Marginal note:Charges for cashing cheques

    (2) Paragraph 159(2)(c) of the Financial Administration Act does not apply in respect of a charge imposed on a person who is served with a ticket in respect of any cheque or other instruction for payment that is drawn in favour of the Receiver General, the Government of Canada, any department or any public officer in the officer’s official capacity and tendered for deposit to the credit of the Receiver General for the purpose of paying the amount set out in the ticket or a fine or any fees imposed in a proceeding.

  • 1992, c. 47, s. 56
  • 1995, c. 22, s. 17
  • 1996, c. 7, ss. 33, 43
The following provision is not in force.

Marginal note:Notice

 If an offender who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time, the clerk of the contraventions or youth court shall cause a notice to be sent to the person by ordinary mail advising the person of the consequences under sections 58, 61 and 62 of not paying the fine or fees.

  • 1992, c. 47, s. 57
  • 1996, c. 7, s. 33

Marginal note:Civil enforcement

  •  (1) If an offender, other than a young person, who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time, the Attorney General may, by filing the conviction, enter as a judgment the amount of the fine and fees, if any, in any civil court in Canada, other than the Federal Court, that has jurisdiction to enter a judgment for that amount.

  • Marginal note:Effect of filing conviction

    (2) A conviction that is entered as a judgment under this section is enforceable against the convicted person in the same manner as if it were a judgment obtained against that person in that court in civil proceedings by Her Majesty in right of Canada or of a province or by the person to whom the proceeds of the fine belong.

  • Marginal note:Limitation

    (3) A conviction may not be entered as a judgment under this section more than two years after the day on which the conviction was entered.

  • 1992, c. 47, s. 58
  • 1996, c. 7, s. 34

Marginal note:Licences, permits and registration of establishments

 If an offender who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time,

  • (a) the person responsible by or under an Act of Parliament for issuing, renewing, suspending or revoking a licence or permit for conduct in relation to which the contravention was committed may

    • (i) refuse to issue a licence or permit of that kind to the offender, or

    • (ii) suspend or revoke or refuse to renew a licence or permit of that kind held by the offender; and

  • (b) the person responsible by or under an Act of Parliament for registering or renewing, suspending or revoking the registration of an establishment in or in relation to which the contravention was committed may

    • (i) refuse to register the establishment, or

    • (ii) suspend or revoke or refuse to renew the registration of the establishment.

  • 1992, c. 47, s. 59
  • 1996, c. 7, s. 35
The following provision is not in force.

Marginal note:No imprisonment in default

  •  (1) Only an offender who is unwilling though able to pay a fine imposed in a proceeding may be imprisoned in default of its payment.

  • Marginal note:Criminal Code provisions for imprisonment in default of fine payment inapplicable

    (2) Subsections 734.7(3) and 787(2) of the Criminal Code do not apply in respect of a fine imposed in a proceeding to the extent that they are inconsistent with subsection (1).

  • 1992, c. 47, s. 60
  • 1995, c. 22, s. 17
The following provision is not in force.

Marginal note:Where arrest possible

  •  (1) A contraventions or youth court or a justice of the peace may issue a warrant for the arrest of the offender in Form 7 of Part XXVIII of the Criminal Code, varied to suit the case, if the court or justice is satisfied that

    • (a) at least thirty days have elapsed after the imposition of a fine in a proceeding or, if the time for payment was extended, after the expiration of that time;

    • (b) part of the fine remains unpaid;

    • (c) the notice referred to in section 57 has been sent to the offender; and

    • (d) enforcement of the payment of the fine under sections 58 and 59 has been tried and has failed or has not been tried but would not likely result in payment within a reasonable time.

  • Marginal note:Execution of warrant

    (2) An offender arrested in execution of a warrant issued under subsection (1) shall be brought before the contraventions or youth court

    • (a) without unreasonable delay and in any event within twenty-four hours after the arrest, if a judge is available within that period; or

    • (b) as soon as possible, if a judge is not available within twenty-four hours after the arrest.

  • 1992, c. 47, s. 61
  • 1996, c. 7, s. 36
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
 
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