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5 | Repealed | |
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(4) | Repealed | |
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 | |
(3) | Certificate of default: designated offence | |
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: non-designated offence with set fine | |
(3.1) | Offence notice: designated offence | |
(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 | |
16.1 | (1) | Appointment of screening officer: municipality |
(2) | Appointment of screening officer: minister | |
(3) | Response to offence notice for designated offence | |
(4) | Review by screening officer | |
(5) | Effect of compliance agreement — guilty plea | |
(6) | Effect of complying with agreement | |
(7) | Effect of failure to comply with agreement | |
(8) | Entering default conviction | |
(9) | Notice of default conviction | |
(10) | Deemed service | |
(11) | Debt to municipality or government | |
17 | (1) | Offender may plead guilty to offence |
(1.1) | Method of appearance | |
(2) | Default conviction: with set fine | |
(2.1) | Default conviction: image capturing enforcement | |
(2.2) | Notice of default conviction | |
(3) | Default conviction: no set fine | |
(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 | |
(12) | No application to designated 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 fines |
(1.1) | Repealed | |
(1.2) | Refusing to accept premiums when fine is unpaid | |
(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) | Repealed | |
(6) | No application to designated offences | |
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) | Repealed | |
(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) | Repealed | |
(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 |