Contraventions Act (S.C. 1992, c. 47)

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.