Saguenay-St. Lawrence Marine Park Act
Marginal note:Ticketing procedure
23 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced by a peace officer, park warden or enforcement officer 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 is feasible after the summons portion has been delivered or mailed.
Marginal note:Content of ticket
(2) The summons and information portions of a ticket shall
(a) set out a description of the offence and the time and place of its alleged commission;
(b) include a statement, signed by the peace officer, park warden or enforcement officer who completes the ticket, that they have 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 is to 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 at the time set out in the ticket.
Marginal note:Notice of forfeiture
(3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the peace officer, park warden or enforcement officer who completed the ticket shall give written notice to the accused that if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds realized from its disposition, shall immediately be forfeited to Her Majesty.
Marginal note:Consequences of payment
(4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,
(a) the payment constitutes a plea of guilty to the offence described in the ticket and 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) anything seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, is forfeited to Her Majesty in right of Canada or in right of Quebec, depending on whether the peace officer, park warden or enforcement officer who completed the ticket is a member of the federal public administration or the public service of Quebec.
- 1997, c. 37, s. 23
- 2003, c. 22, s. 219(E)
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