Contraventions Act (S.C. 1992, c. 47)

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]