Interpretation Act (R.S.C., 1985, c. I-21)

Marginal note:Indictable and summary conviction offences

• 34 (1) Where an enactment creates an offence,

  • (a) the offence is deemed to be an indictable offence if the enactment provides that the offender may be prosecuted for the offence by indictment;

  • (b) the offence is deemed to be one for which the offender is punishable on summary conviction if there is nothing in the context to indicate that the offence is an indictable offence; and

  • (c) if the offence is one for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction, no person shall be considered to have been convicted of an indictable offence by reason only of having been convicted of the offence on summary conviction.

• Marginal note:Criminal Code to apply

  (2) All the provisions of the Criminal Code relating to indictable offences apply to indictable offences created by an enactment, and all the provisions of that Code relating to summary conviction offences apply to all other offences created by an enactment, except to the extent that the enactment otherwise provides.

• Marginal note:Documents similarly construed

  (3) In a commission, proclamation, warrant or other document relating to criminal law or procedure in criminal matters,

  • (a) a reference to an offence for which the offender may be prosecuted by indictment shall be construed as a reference to an indictable offence; and

  • (b) a reference to any other offence shall be construed as a reference to an offence for which the offender is punishable on summary conviction.