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C.C.S.M. c. S230
The Summary Convictions Act
| 1 | Definitions | |
| 2 | (1) | Application of Act |
| (2) | When this Act does not apply — municipal by-laws | |
| 3 | (1) | Application of provisions of the Criminal Code |
| (2) | Exception | |
| GENERAL OFFENCES | ||
| 4 | Offence and penalty | |
| 4.1 | Non-application to bicycle helmet offences | |
| 5 | Repealed | |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| (4) | Repealed | |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 | |
| (5) | Procedure regarding bicycle helmet offences | |
| 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 | |