C.C.S.M. c. S230
The Summary Convictions Act
1 | Definitions |
2 | Application of Act |
3(1) | Application of provisions of the Criminal Code |
(2) | Exception |
GENERAL OFFENCES | |
4 | Offence and penalty |
5 | |
FINES — PENALTIES — COSTS | |
6(1) | Enforcement of penalties |
(2) | Imprisonment on default in paying fine |
(3) | Where no imprisonment imposed for default in paying fine or costs |
(4) | Exception for parking and traffic offences |
7(1) | Reduction of penalties |
(2) | Reasons to be noted |
8(1) | Collection of court costs |
(2) | Usual court costs |
(3) | Court costs prescribed by regulation |
(4) | |
8.1(1) | Justice services surcharge |
(2) | Amount of surcharge |
(3) | Justice may reduce or waive surcharge |
(4) | Collection of surcharge |
8.2 | Application of payment |
SERVICE | |
9(1) | Substitutional service authorized |
(2) | Saving |
(3) | Meaning of "summons" |
CORPORATIONS AS OFFENDERS | |
10(1) | Recovery of penalties from corporation by distress |
(2) | Enforcing judgment against corporation |
(3) | Cancellation of licence, etc., of corporation |
(4) | Saving |
PAYMENT OF FINES | |
11 | Effect of part payment of fine, etc. |
12 | Additional time for payment |
12.1(1) | Certificate of default |
(2) | Restitution default |
OFFENCE NOTICE PROCEDURES | |
13(1) | Prosecution commenced by offence notice |
(1.1) | Exception: image capturing enforcement |
(1.2) | Sworn information not required |
(2) | Form of general offence notice |
(2.1) | Form of offence notice — image capturing enforcement |
(3) | Offence notice may indicate amount of fine, etc. |
(4) | Guilty plea deemed |
14(1) | Dispute of charge by accused person |
(2) | Explanation may constitute defence |
(3) | Default conviction where explanation not a defence |
(4) | Lesser penalty under mitigating circumstances |
(5) | Notification of hearing |
15 | Effect of use of words, etc., on notice |
16(1) | Summons procedure generally |
(2) | Delivery in case of parking offences, etc. |
(2.1) | Procedure: image capturing enforcement |
(2.2) | Offence notice may contain reproduction of image |
(2.3) | Delivery of offence notice: image capturing enforcement |
(2.4) | Deemed service: image capturing enforcement |
(3) | Effect of service on employee of owner of vehicle |
(4) | Failure to answer summons |
(5) | Filing of offence notice or information |
(6) | Insertion of owner's name and address in parking offence |
(7) | Effect of technical defects |
17(1) | Offender may plead guilty to offence |
(2) | Default conviction |
(2.1) | Default conviction: image capturing enforcement |
(2.2) | Notice of default conviction to owner |
(3) | Procedure where fine not set out |
(4) | Notice by court to convicted person |
(5) | Time restriction on issue of warrant |
(6) | Filing request for hearing de novo |
(7) | Hearing de novo |
(8) | Restriction on default judgment |
(9) | Where offence notice is not complete and regular |
(10) | Default conviction on ordinary summons |
(11) | Exception for parking and traffic offences |
17.1(1) | Penalty on default conviction |
(2) | Enforcement and collection of penalty |
(3) | Reduction or waiver of penalty |
18 | Notices to state right of person to hearing de novo |
POWERS OF REGISTRAR RE UNPAID FINES | |
19 | Definitions |
19.1(1) | Powers of registrar re unpaid provincial fines |
(1.1) | Registrar's powers: image capturing enforcement |
(2) | Content of notice |
(3) | Service of notice |
(4) | Exercise of registrar's powers |
(5) | Request for hearing de novo |
(6) | Action stayed upon request for hearing de novo |
19.2(1) | Definition |
(2) | Registrar's powers re unpaid fines in reciprocating jurisdictions |
19.3 | Issuance or renewal of licences in certain cases |
19.4 | Administrative fee |
PARKING VIOLATIONS | |
20(1) | Liability of owner for parking offence |
(2) | Notice of default conviction to owner |
(3) | Request for hearing de novo |
(4) | |
(5) | |
NEW HEARING | |
20.1(1) | Exceptional circumstances |
(2) | Reasons to be recorded |
FINE OPTION | |
21(1) | Election of work option |
(1.1) | Exception for parking and traffic offences |
(2) | Failure to observe program |
(3) | Revocation of warrant on conditions |
(4) | Issuance of further warrant of committal |
(5) | Election before conviction |
(6) | Definition: "fine" |
IMPRISONMENT | |
22 | Prison terms to run consecutively |
23(1) | Place of imprisonment |
(2) | Keeper of correctional institution to receive prisoner |
23.1(1) | Lien of authority |
(2) | |
(3) | When lien takes effect |
(4) | Extent of security |
(5) | Transitional |
23.2(1) | Notice of registration |
(2) | Contents of notice |
(3) | Sufficiency of certain notices |
23.3(1) | Application of Personal Property Security Act |
(2) | Interpretation |
(3) | Priority of lien |
(4) | Perfection upon registration |
(5) | Additional vehicles |
(6) | |
(7) | Administrative expenses |
(8) | Amount of administration fee |
23.4 | Duty of municipality and L.G.D. re court costs |
GENERAL | |
24 | Disposal of fine and of appeal |
25(1) | Depositions on certiorari |
(2) | Application of subsection (1) |
26(1) | Review of proceedings on motion to quash |
(2) | Amendment or affirmation of conviction |
27 | Payment for depositions |
28(1) | Estreat of recognizances |
(2) | Application of Criminal Code procedure |
29 | No necessity of seal on documents |
30 | Regulations |
31 | Reference in Continuing Consolidation |
32 | Repeal |
33(1) | Commencement of Act |
(2) | Proclamation |