Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Prosecution of designated offences

• 144 (1) In addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any offence that is prescribed by regulation may be commenced in accordance with this section.

• Marginal note:Procedure

  (2) An officer may commence a proceeding by

  • (a) completing a ticket that consists of a summons portion and an information portion;

  • (b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused’s latest known address; and

  • (c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.

• Marginal note:Content of ticket

  (3) The summons and information portions of a ticket must

  • (a) set out a description of the offence and the time and place of its alleged commission;

  • (b) include a statement, signed by the officer, that there are reasonable grounds to believe that the accused committed the offence;

  • (c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it must be paid;

  • (d) include a statement that, if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

  • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.

• Marginal note:Consequences of payment

  (4) Payment of the fine by the accused within the period set out in the ticket constitutes a plea of guilty to the offence described in the ticket and, following the payment,

  • (a) a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and

  • (b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

• Marginal note:Regulations

  (5) The regulations may provide for any matter relating to the application of this section, and may include provisions prescribing

  • (a) the offences referred to in subsection (1) and the manner in which those offences may be described in tickets; and

  • (b) the amount of the fine, not exceeding $10,000, for a prescribed offence.