Contraventions Act (S.C. 1992, c. 47)

Marginal note:Completion and service of ticket

• 9 (1) An enforcement authority who believes on reasonable grounds that a person has committed a contravention may, within thirty days after the day on which the contravention is believed to have been committed, complete a ticket in respect of that contravention and cause it to be served on the person.

• Marginal note:Notes on all copies

  (2) A ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.

Marginal note:Service on individuals

• 10 (1) Service of a ticket on an individual must be personal and is effected by leaving a copy of it with the individual or, if the individual cannot conveniently be found, with a person who appears to be at least eighteen years of age at the last or usual place of residence of the individual.

• Marginal note:Service on corporations

  (2) Service of a ticket on a corporation is effected by

  • (a) leaving a copy of it with

    • (i) the clerk or the chairperson, mayor, warden, reeve or other chief officer, in the case of a municipal corporation, or

    • (ii) an officer or director or the person at any place of business of the corporation who appears to be in control or management of the place of business, in the case of a corporation other than a municipal corporation; or

  • (b) sending a copy of it by registered mail to the head office of the corporation.

• Marginal note:Service on non-residents

  (3) Service of a ticket on an individual who does not reside in Canada may be effected by sending a copy of it by registered mail to the last or usual place of residence of the individual.

• Marginal note:Effective date

  (4) Service of a ticket by registered mail is effective on the seventh day after the ticket is mailed.

Marginal note:Parking contraventions

• 12 (1) An enforcement authority who believes from personal knowledge that a person has committed a contravention relating to parking a vehicle may, at the time of the alleged contravention, complete a ticket in respect of that contravention and serve it on the person or the owner of the vehicle.

• Marginal note:Notes on all copies

  (2) A ticket served on a person under subsection (1) must include any notes made by the enforcement authority on any other copy of the ticket.

Marginal note:Vicarious liability of vehicle owners

13 Where a contravention relating to parking a vehicle is committed, the owner of the vehicle is guilty of the like contravention.

Marginal note:Service of parking ticket

• 14 (1) Service of a ticket, in respect of a contravention relating to parking a vehicle, on the person who parked the vehicle is effected by affixing the ticket to the vehicle in a conspicuous place or by leaving a copy of the ticket with the person having care and control of the vehicle.

• Marginal note:Service on vehicle owner

  (2) Service of a ticket, in respect of a contravention relating to parking a vehicle, on the owner of the vehicle is effected by affixing the ticket to the vehicle in a conspicuous place.

Marginal note:Certificate of service

• 15 (1) An enforcement authority who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the day set out in the certificate, served on the person who the enforcement authority believes committed the contravention and, in the case of a ticket served in respect of a contravention relating to parking a vehicle, on the owner of the vehicle.

• Marginal note:Certificate as evidence

  (2) The certificate is evidence that, on the day set out in the certificate, a ticket was served on the person who the enforcement authority believes committed the contravention and, in the case of a ticket served in respect of a contravention relating to parking a vehicle, the owner of the vehicle.

Marginal note:Contents of ticket

16 A ticket must be in the form prescribed under paragraph 8(1)(d) and

• (a) contain a statement signed by the enforcement authority certifying, in the case of a ticket served under section 9, that the enforcement authority has reasonable grounds to believe that a contravention has been committed and, in the case of a ticket served under section 12, that the enforcement authority believes from personal knowledge that a contravention has been committed;

• (b) include the short-form description of the contravention established under paragraph 8(1)(b);

• (c) indicate with reasonable precision, having regard to all the circumstances, the time and place at which the contravention was committed;

• (d) set out a total amount equal to

  • (i) the amount established under paragraph 8(1)(c) as the amount of the fine, and

  • (ii) the fees that are applicable on serving a ticket;

• (e) set out the options the person served with the ticket has in responding to it, the time within which the person must respond and the consequences under section 44 of failing to respond;

• (f) provide an opportunity for the person to indicate in which official language, being the person’s language, the person wishes to be tried;

• (g) provide an opportunity for the person to indicate whether the person is a young person;

• (h) mention that the ticket may be used as the evidence of the enforcement authority; and

• (i) provide an opportunity for the person to indicate whether the attendance of the enforcement authority who completed the ticket is required for the purposes of cross-examination.

Marginal note:Obligatory filing of ticket

18 An enforcement authority shall cause a ticket to be filed in the office of the relevant court in the following cases within the following times, namely,

• (a) if that office is the place specified in the ticket for the purposes of pleading guilty, pleading guilty but making representations or requesting a trial, as soon as practicable, and in any event within thirty days, after the ticket is served; or

• (b) if that office is not the place specified in the ticket for those purposes and the person served with the ticket

  • (i) requests an opportunity to plead guilty but make representations in accordance with section 23, or

  • (ii) requests a trial in accordance with section 26,

  • (iii) [Repealed, 1996, c. 7, s. 8]

  as soon as practicable, and in any event within thirty days, after the person does so.

Marginal note:Parking tickets

19 A ticket that is filed in respect of a contravention relating to parking a vehicle must be accompanied by evidence of the ownership of the vehicle.

Marginal note:Plea of guilty and payment

• 22 (1) A person who is served with a ticket may plead guilty by delivering the ticket, along with the total amount set out in the ticket, to the place specified in the ticket.

• Marginal note:Effect of payment

  (2) Payment of the total amount under subsection (1) constitutes a plea of guilty and endorsement of payment on the ticket constitutes a conviction and the imposition of that amount.

• Marginal note:Effect of part payment

  (3) Payment of an amount that is less than the total amount set out in the ticket constitutes a payment on account of the fine and fees.

• Marginal note:Effect of late payment

  (4) Payment of an amount more than thirty days after service of the ticket constitutes a payment on account of the fine and fees.

Marginal note:Plea of guilty with representations

• 23 (1) A person who is served with a ticket may

  • (a) plead guilty but make representations with respect to the matters described in subsection (2) by appearing at the time specified in the ticket before the contraventions or youth court so specified, or before a justice of the peace or other officer, at the office of that court; or

  • (b) if no contraventions or youth court is specified in the ticket, request an opportunity to plead guilty but make representations with respect to those matters by signing the request to make representations on the ticket and delivering it to the place specified in the ticket.

• Marginal note:Representations

  (2) The matters referred to in subsection (1) are the following:

  • (a) the fine, fees or other sentence that ought to be imposed; or

  • (b) whether the person ought to be given time to pay the fine or fees.

  • (c) [Repealed, 1996, c. 7, s. 12]

• Marginal note:Disposition

  (3) The contraventions court or a justice of the peace or other officer 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), the youth court shall consider the representations, along with the ticket, and

  • (a) if the court, justice or officer is satisfied that the representations should be accepted without holding a sentencing hearing, convict the defendant and

    • (i) impose a fine and the applicable fees in amounts not exceeding the amounts provided for under section 8 or any sentence prescribed by law other than a fine, or

    • (ii) direct that any fine and fees so imposed be paid immediately or fix the time within which they are to be paid;

    • (iii) [Repealed, 1996, c. 7, s. 12]

  • (b) if the court, justice or officer is satisfied that the representations should be rejected without holding a sentencing hearing, convict the defendant and impose a fine and the applicable fees in the amounts provided for under section 8; or

  • (c) if the court, justice or officer considers, having regard to the amounts of the fine and applicable fees provided for under section 8, that the proceeding should not be disposed of without oral evidence or requires the participation of the Attorney General, direct that a sentencing hearing be held.

Marginal note:Sentencing hearing

25 As soon as practicable after a court, justice or officer directs that a sentencing hearing be held under paragraph 23(3)(c), the court, the clerk of the court or a justice of the peace shall fix the time and place of the hearing and cause the defendant and the Attorney General to be notified of its time and place.

Marginal note:Request for trial

• 26 (1) A person who is served with a ticket may request a trial by signing the request for a trial on the ticket and delivering it to the place specified in the ticket.

• Marginal note:Trial

  (2) As soon as practicable after a person requests a trial under subsection (1), the court, the clerk of the court or a justice of the peace shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

Marginal note:Transfer to youth court

• 28 (1) The contraventions court or a justice of the peace shall order that a proceeding commenced by means of a ticket in the office of that court be continued in the youth court if the defendant is a young person and the lieutenant governor in council of the province has not made an order under subsection 17(2).

• Marginal note:Transfer to contraventions court

  (2) The youth court or a justice of the peace shall order that a proceeding commenced by means of a ticket in the office of that court be continued in the contraventions court if the defendant is not a young person.

Marginal note:Trial

29 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 trial in a proceeding commenced by means of a ticket, if

• (a) the defendant requests a trial in accordance with section 26;

• (b) the defendant is a young person who does not exercise any of the options referred to in section 21 within thirty days after being served with the ticket; or

• (c) a court directs that a trial be held after setting aside a conviction under section 47.

• (d) [Repealed, 1996, c. 7, s. 18]

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.

Marginal note:Application to contraventions court

• 46 (1) A defendant who is convicted by the contraventions court or a justice of the peace in a proceeding commenced by means of a ticket or the Attorney General may apply to the court, within thirty days after becoming aware of the conviction, to set it aside.

• Marginal note:Application to youth court

  (2) A defendant who is convicted by the youth court in a proceeding commenced by means of a ticket or the Attorney General may apply to the court, within thirty days after becoming aware of the conviction, to set it aside.

Marginal note:Review of convictions entered in defendant’s absence

• 47 (1) If the defendant was convicted in his or her absence, the contraventions court may

  • (a) set aside the conviction if the court is satisfied that

    • (i) the defendant was not served with the ticket,

    • (ii) the defendant was not notified of the time and place of the trial although the defendant requested a trial,

    • (iii) the conviction was entered as a result of administrative error and through no fault of the defendant, or

    • (iv) the court lacked jurisdiction to enter the conviction; or

  • (b) dismiss the application.

• Marginal note:Review of convictions entered after trial

  (2) If the defendant was convicted after a trial, the contraventions or youth court may

  • (a) set aside the conviction if the court is satisfied that

    • (i) the conviction is unreasonable or cannot be supported by the evidence,

    • (ii) the conviction should be set aside on the ground of a wrong decision on a question of law, or

    • (iii) there was a miscarriage of justice; or

  • (b) dismiss the application if

    • (i) the application is not decided in favour of the defendant on any ground mentioned in paragraph (a),

    • (ii) the court is satisfied that no substantial wrong or miscarriage of justice occurred despite being satisfied that the application might be decided in favour of the defendant on any ground mentioned in paragraph (a), or

    • (iii) the court is satisfied that the defendant suffered no prejudice by any procedural irregularity at the trial.

• Marginal note:Effect of removal of conviction

  (3) A court that sets aside a conviction under subsection (1) or (2) shall direct that a trial be held.

• Marginal note:Transfer to proper court

  (4) A court that sets aside a conviction under subparagraph (1)(a)(iv) may make an order under section 28 in addition to or in lieu of directing that a trial be held.

• Marginal note:Trial — contraventions court

  (5) As soon as practicable after the contraventions court directs that a trial be held, the court, the clerk of the court or a justice of the peace shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

• Marginal note:Trial — youth court

  (6) As soon as practicable after the youth court directs that a trial be held, the court shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

Marginal note:Election of Crown

• 50 (1) Where a proceeding in respect of a contravention is commenced by laying an information, the Attorney General may elect that the proceeding be dealt with and disposed of as if it had been commenced by filing a ticket.

• Marginal note:Effect of election

  (2) Where the Attorney General makes an election, this Act applies as if the defendant were served with a ticket on the day on which the defendant is notified of the election, even if that day is more than thirty days after the day on which the contravention was committed.

• Marginal note:Notice of election

  (3) As soon as practicable, the clerk of the court shall notify the defendant of the election.

• Marginal note:Contents of notice

  (4) A notice of election must have the contents required of a ticket by section 16 and state that, where a defendant entered into, was issued or was given, as the case may be, an undertaking, release order, summons or appearance notice, the requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in the undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by the summons, appearance notice or undertaking, as the case may be, cease to have effect.

• Marginal note:Cessation of effect — conditions and obligations

  (5) The requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in an undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by a summons, appearance notice or undertaking, as the case may be, that was entered into by, issued to or given to a defendant, cease to have effect on the defendant’s being notified of the election.

Marginal note:Rules

• 51 (1) A contraventions or youth court may, subject to the approval of the lieutenant governor in council of the province, make rules governing the practice and procedure in proceedings under this Act.

• Marginal note:Consistency

  (2) The rules shall not be inconsistent with this Act or the regulations but may be inconsistent with the practice and procedure in proceedings under the Criminal Code.

• Marginal note:Prepublication

  (3) A court that proposes to make rules under this section

  • (a) shall give notice of the proposed rules by publishing them in the Canada Gazette and shall, in the notice, invite any interested person to make representations in writing with respect to the proposed rules within sixty days after the day of that publication; and

  • (b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the lieutenant governor in council of the province, make the rules either as originally published or as revised in any manner that the court considers advisable having regard to any representations so made.

• Marginal note:Publication

  (4) The rules shall be published in the Canada Gazette.

• Marginal note:Quorum, etc. for making rules

  (5) Subsection 22(2) of the Interpretation Act applies in respect of making the rules as if the Act of the legislature of the province establishing the contraventions court or youth court were an enactment within the meaning of the Interpretation Act.

Marginal note:Fees

• 52 (1) In proceedings commenced by means of a ticket, a contraventions or youth court or a justice of the peace may award such costs provided for under paragraph 8(1)(e) as the court or justice considers appropriate.

• Marginal note:Criminal Code limitations on fees and allowances inapplicable

  (2) Section 840 of the Criminal Code does not apply in respect of proceedings commenced by means of a ticket and, accordingly, subsection 809(1) of that Act does not restrict the power to award costs under this section.

Marginal note:Limit on conditions — payment of amount

• 53 (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:Discharge of fines and fees

• 56 (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.

Marginal note:Notice

57 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.

Marginal note:No imprisonment in default

• 60 (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).

Marginal note:Where arrest possible

• 61 (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.

Marginal note:Determination by court

• 62 (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.