S.M. 1985-86, c. 4
The Summary Convictions Act
Table of Contents
1 | Definitions. | |
2 | Application of Act. | |
3 | Application of provisions of the Criminal Code. | |
(2) | Secs. 468 and 772 of Criminal Code not to apply. | |
GENERAL OFFENCES | ||
4 | Offence and penalty. | |
CONSENT PAYMENTS | ||
5 | Consent payment of penalty. | |
(2) | No prosecution after consent payment. | |
(3) | Report and remittance of fine. | |
FINES - PENALTIES COSTS | ||
6 | Enforcement of penalties. | |
(2) | Imprisonment on default in paying fine. | |
(3) | Where no imprisonment imposed for default in paying fine. | |
7 | Reduction of penalties. | |
8 | Collection of costs. | |
(2) | Usual costs. | |
(3) | Costs prescribed by regulation. | |
(4) | Payments on account of costs. | |
SERVICE | ||
9 | Substitutional service authorized. | |
(2) | Saving. | |
(3) | Meaning of "summons". | |
CORPORATIONS AS OFFENDERS | ||
10 | 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 | Time for paying fine. | |
OFFENCE NOTICE PROCEDURES | ||
13 | Prosecution commenced by offence notice. | |
(2) | Form of offence notice. | |
(3) | Notice may indicate amount of fine and costs. | |
(4) | Guilty plea deemed. | |
14 | 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 | Procedure on issuing summons. | |
(2) | Delivery in case of parking offences, etc. | |
(3) | Effect of service on employee of owner of vehicle. | |
(4) | Failure to answer summons. | |
(5) | Deposit of information portion of offence notice. | |
(6) | Insertion of registered owner's name and address in parking offence. | |
(7) | Effect of technical defects. | |
17 | Offender may plead guilty to offence. | |
(2) | Default conviction. | |
(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. | |
18 | Notices to state right of person to hearing de novo. | |
HIGHWAY TRAFFIC ACT OFFENCES | ||
19 | Notice by Registrar. | |
(2) | Request for hearing de novo. | |
(3) | Refusal to issue or renew licence. | |
(4) | Suspension stayed upon request for hearing de novo. | |
(5) | Reinstatement of licences in certain cases. | |
PARKING VIOLATIONS | ||
20 | Liability of owner for parking offence. | |
(2) | Notice of default conviction to owner. | |
(3) | Request for hearing de novo. | |
(4) | Registration of vehicle may be refused. | |
FINE OPTION | ||
21 | Election of work option. | |
(2) | Failure to observe program. | |
(3) | Election before conviction. | |
IMPRISONMENT | ||
22 | Prison terms to run consecutively. | |
23 | Place of imprisonment. | |
(2) | Keeper of correctional institution to receive prisoner. | |
GENERAL | ||
24 | Disposal of fine and of appeal. | |
25 | Depositions on certiorari. | |
(2) | Application of section. | |
26 | Review of proceedings on motion to quash. | |
(2) | Amendment or affirmation of conviction. | |
27 | Payment for depositions. | |
28 | 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 | Commencement of Act. |