Contraventions Act (S.C. 1992, c. 47)

Act current to 2017-11-20 and last amended on 2012-03-13. Previous Versions

The following provision is not in force.
Marginal note:Fees
  •  (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.

  • 1992, c. 47, s. 52;
  • 1996, c. 7, s. 31.

Recognizances

The following provision is not in force.
Marginal note:Recognizances
  •  (1) Notwithstanding paragraphs 498(1)(c) and (d), 499(1)(b) and (c) and 515(2)(b), (c), (d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a recognizance be entered into in an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).

  • Marginal note:Money or other valuable security

    (2) Notwithstanding paragraphs 498(1)(d), 499(1)(c) and 515(2)(d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a sum 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) be deposited.

  • Marginal note:Money or other valuable security as fine deposit

    (3) Where in a proceeding in respect of a contravention the defendant deposits a sum of money or other valuable security with an officer in charge 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) Where in a proceeding in respect of a contravention the defendant deposits a sum of money or other valuable security with an officer in charge 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.

  • 1992, c. 47, s. 53;
  • 1996, c. 7, s. 32;
  • 1999, c. 25, s. 28.
Marginal note:Exclusion of laying information

 Where a ticket is served in respect of a contravention, an information under the Criminal Code may not be laid in respect of that contravention.

  • 1992, c. 47, s. 54;
  • 1996, c. 7, s. 33.

Discharge and Enforcement of Fines and Fees

Definition of proceeding

 In sections 56 to 62, proceeding means a proceeding in respect of a contravention that is commenced by means of a ticket or by laying an information where the prosecutor elects to proceed summarily.

  • 1992, c. 47, s. 55;
  • 1996, c. 7, s. 33.
The following provision is not in force.
Marginal note:Discharge of fines and fees
  •  (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.

  • 1992, c. 47, s. 56;
  • 1995, c. 22, s. 17;
  • 1996, c. 7, ss. 33, 43.
The following provision is not in force.
Marginal note:Notice

 If an offender who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time, the clerk of the contraventions or youth court shall cause a notice to be sent to the person by ordinary mail advising the person of the consequences under sections 58, 61 and 62 of not paying the fine or fees.

  • 1992, c. 47, s. 57;
  • 1996, c. 7, s. 33.
Marginal note:Civil enforcement
  •  (1) If an offender, other than a young person, who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time, the Attorney General may, by filing the conviction, enter as a judgment the amount of the fine and fees, if any, in any civil court in Canada, other than the Federal Court, that has jurisdiction to enter a judgment for that amount.

  • Marginal note:Effect of filing conviction

    (2) A conviction that is entered as a judgment under this section is enforceable against the convicted person in the same manner as if it were a judgment obtained against that person in that court in civil proceedings by Her Majesty in right of Canada or of a province or by the person to whom the proceeds of the fine belong.

  • Marginal note:Limitation

    (3) A conviction may not be entered as a judgment under this section more than two years after the day on which the conviction was entered.

  • 1992, c. 47, s. 58;
  • 1996, c. 7, s. 34.
Marginal note:Licences, permits and registration of establishments

 If an offender who is convicted in a proceeding does not pay a fine or any fees imposed for the contravention within thirty days after the imposition or, if the time for payment is extended, within thirty days after the expiration of that time,

  • (a) the person responsible by or under an Act of Parliament for issuing, renewing, suspending or revoking a licence or permit for conduct in relation to which the contravention was committed may

    • (i) refuse to issue a licence or permit of that kind to the offender, or

    • (ii) suspend or revoke or refuse to renew a licence or permit of that kind held by the offender; and

  • (b) the person responsible by or under an Act of Parliament for registering or renewing, suspending or revoking the registration of an establishment in or in relation to which the contravention was committed may

    • (i) refuse to register the establishment, or

    • (ii) suspend or revoke or refuse to renew the registration of the establishment.

  • 1992, c. 47, s. 59;
  • 1996, c. 7, s. 35.
The following provision is not in force.
Marginal note:No imprisonment in default
  •  (1) Only an offender who is unwilling though able to pay a fine imposed in a proceeding may be imprisoned in default of its payment.

  • Marginal note:Criminal Code provisions for imprisonment in default of fine payment inapplicable

    (2) Subsections 734.7(3) and 787(2) of the Criminal Code do not apply in respect of a fine imposed in a proceeding to the extent that they are inconsistent with subsection (1).

  • 1992, c. 47, s. 60;
  • 1995, c. 22, s. 17.
The following provision is not in force.
Marginal note:Where arrest possible
  •  (1) A contraventions or youth court or a justice of the peace may issue a warrant for the arrest of the offender in Form 7 of Part XXVIII of the Criminal Code, varied to suit the case, if the court or justice is satisfied that

    • (a) at least thirty days have elapsed after the imposition of a fine in a proceeding or, if the time for payment was extended, after the expiration of that time;

    • (b) part of the fine remains unpaid;

    • (c) the notice referred to in section 57 has been sent to the offender; and

    • (d) enforcement of the payment of the fine under sections 58 and 59 has been tried and has failed or has not been tried but would not likely result in payment within a reasonable time.

  • Marginal note:Execution of warrant

    (2) An offender arrested in execution of a warrant issued under subsection (1) shall be brought before the contraventions or youth court

    • (a) without unreasonable delay and in any event within twenty-four hours after the arrest, if a judge is available within that period; or

    • (b) as soon as possible, if a judge is not available within twenty-four hours after the arrest.

  • 1992, c. 47, s. 61;
  • 1996, c. 7, s. 36.
 
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