Criminal Code

Version of section 260 from 2003-01-01 to 2006-12-13:

Marginal note:Proceedings on making of prohibition order
  •  (1) Where a court makes a prohibition order under subsection 259(1) or (2) in relation to an offender, it shall cause

    • (a) the order to be read by or to the offender;

    • (b) a copy of the order to be given to the offender; and

    • (c) the offender to be informed of subsection 259(4).

  • Marginal note:Endorsement by offender

    (2) After subsection (1) has been complied with in relation to an offender who is bound by an order referred to in that subsection, the offender shall endorse the order, acknowledging receipt of a copy thereof and that the order has been explained to him.

  • Marginal note:Validity of order not affected

    (3) The failure of an offender to endorse an order pursuant to subsection (2) does not affect the validity of the order.

  • Marginal note:Onus

    (4) In the absence of evidence to the contrary, where it is proved that a disqualification referred to in paragraph 259(5)(b) has been imposed on a person and that notice of the disqualification has been mailed by registered or certified mail to that person, that person shall, after five days following the mailing of the notice, be deemed to have received the notice and to have knowledge of the disqualification, of the date of its commencement and of its duration.

  • Marginal note:Certificate admissible in evidence

    (5) In proceedings under section 259, a certificate setting out with reasonable particularity that a person is disqualified from

    • (a) driving a motor vehicle in a province, purporting to be signed by the registrar of motor vehicles for that province, or

    • (b) operating a vessel or aircraft, purporting to be signed by the Minister of Transport or any person authorized by the Minister of Transport for that purpose

    is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.

  • Marginal note:Notice to accused

    (6) Subsection (5) does not apply in any proceedings unless at least seven days notice in writing is given to the accused that it is intended to tender the certificate in evidence.

  • Marginal note:Definition of “registrar of motor vehicles”

    (7) In subsection (5), registrar of motor vehicles includes the deputy of that registrar and any other person or body, by whatever name or title designated, that from time to time performs the duties of superintending the registration of motor vehicles in the province.

  • R.S., 1985, c. C-46, s. 260;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F).
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