The Summary Offences Procedure Regulations, 1991

Transcription

1 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 1 The Summary Offences Procedure Regulations, 1991 being Chapter S-63.1 Reg 2 (effective January 1, 1991) as amended by Saskatchewan Regulations 30/91, 44/92, 112/92, 152/92, 2/93, 16/93, 93/93, 15/94, 38/94, 36/95, 37/95, 14/96, 38/96, 39/96, 98/96, 57/97, 19/98, 82/98, 8/1999, 62/1999, 26/2000, 51/2000, 58/2000, 73/2000, 99/2000, 23/2001, 93/2001, 14/2002, 94/2002, 124/2002, 15/2003, 127/2003, 82/2004, 130/2004, 27/2005, 115/2005, 24/2006, 38/2006, 110/2006, 29/2007, 35/2007, 5/2008, 68/2008, 33/2009, 62/2009, 101/2009, 113/2009, 34/2010, 106/2010, 116/2010, 53/2011, 79/2012, 39/2013, 92/2013, 106/2013, 22/2014, 63/2014, 92/2014, 5/2015, 31/2015, 80/2015, 114/2015, 54/2016, 27/2017 and 28/2018. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Table of Contents 1 Title 2 Interpretation 3 Application 4 Peace officers 5 Summons ticket offences 6 Offence notice ticket offences 6.1 Offences with bicycle 7 Parking violations 8 Voluntary payment offences 9 Discretionary offences 9.1 Prescribed period for subsection 30(3.1) of the Act 10 Form of ticket 11 Use of ticket 12 Completion of ticket 12.1 Summary offence ticket completed electronically 12.2 Signing ticket electronically Serving summary offence ticket completed electronically 12.3 Filing ticket electronically 12.4 Printing summary offence ticket completed electronically 12.5 Data added to summary offence ticket filed eletronically 13 Specified penalty sum 14 Late payment charge 14.1 Designated offences re The Vehicle Administration Act 16 Forms 17 Service of documents 17.1 Service re certain tickets 18 Address for service 19 Deductions from fine revenues 19.1 Transitional 20 R.R.S. c.s-63 Reg 3 repealed Form A Appendix PART I Forms Certificate Of Offence Form B Application For Extension Of Time For Payment Of Fine Form C Warrant of Committal On An Order For Payment Of Money Form D Request For Hearing After Notice Of Warrant Of Commmittal Form D1 Affidavit of Default of Payment of Restitution Order Form E Repealed Form F Repealed Form G Repealed Form H Recognizance PART II Voluntary Payment Offences Summons Ticket Issued PART III Voluntary Payment Offences Offence Notice Ticket Issued PART IV Discretionary Offences Repealed

3 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 3 CHAPTER S-63.1 REG 2 The Summary Offences Procedure Act, 1990 Title 1 These regulations may be cited as The Summary Offences Procedure Regulations, Interpretation 2 In these regulations: (a) Act means The Summary Offences Procedure Act, 1990; (b) ticket means a summary offence ticket in the form prescribed by section 8; (c) ticket offence means an offence designated pursuant to section 5 or 6; (d) voluntary payment offence means an offence mentioned in section Dec 90 cs-63.1 Reg 2 s2. Application 3 These regulations apply to all parts of Saskatchewan. 21 Dec 90 cs-63.1 Reg 2 s3. Peace officers 4 The following categories of persons are designated as peace officers for the purposes of the Act: (a) enforcement officers as defined in The Parks Act while enforcing that Act; (b) inspectors as defined in The Animal Products Act while enforcing The Livestock Inspection and Transportation Regulations, 1978 ; (c) persons designated as peace officers pursuant to The Traffic Safety Act while enforcing The Traffic Safety Act, The Snowmobile Act, The All Terrain Vehicles Act, The Forest Act, The Dangerous Goods Transportation Act or The Highways and Transportation Act, 1997; (d) enforcement officers designated pursuant to section 8 of The Forest Resources Management Act while enforcing that Act and the regulations; (e) inspectors as defined in The Dangerous Goods Transportation Act while enforcing that Act; (f) persons appointed as officers pursuant to The Fisheries Act (Saskatchewan), 1994 while enforcing the provisions of that Act; (g) enforcement officers designated pursuant to section 5 of The Natural Resources Act while enforcing the provisions of that Act and The Outfitter and Guide Regulations, 2004; (h) enforcement officers designated pursuant to section 49 of The Fuel Tax Act, 2000 while enforcing that Act;

4 4 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (i) persons appointed pursuant to clause 10(2)(c) of The Alcohol and Gaming Regulation Act, 1997 while enforcing the provisions of that Act; (j) persons appointed pursuant to section 16 of The Tobacco Control Act, while enforcing that Act; (k) environment officers appointed pursuant to section 74 of The Environmental Management and Protection Act, 2010 while enforcing that Act; (l) the registrar mentioned in clause 2(f) of The Auctioneers Act, or a person authorized by the registrar, while enforcing the provisions of that Act; (m) the registrar appointed pursuant to section 82 of The Cemeteries Act, 1999, or a person authorized by the registrar, while enforcing the provisions of that Act; (n) the registrar appointed pursuant to section 4 of The Charitable Fund raising Businesses Act, or a person authorized by the registrar, while enforcing the provisions of that Act; (o) the registrar designated pursuant to section 3 of The Collection Agents Act, or a person authorized by the registrar, while enforcing the provisions of that Act; (p) the registrar appointed pursuant to section 23.1 of The Direct Sellers Act, or a person authorized by the registrar, while enforcing the provisions of that Act; (q) the person authorized by the board pursuant to section 7 of The Film and Video Classification Act, while enforcing the provisions of that Act; (r) the registrar as defined in clause 2(d) of The Motor Dealers Act, or a person authorized by the registrar, while enforcing the provisions of that Act; (s) the registrar as defined in clause 2(d) of The Sale of Training Courses Act, while enforcing the provisions of that Act; (t) employees authorized pursuant to a bylaw made pursuant to clause 100(6) (f) of The University of Saskatchewan Act, 1995, while enforcing bylaws made pursuant to section 100 of that Act; (u) the registrar of credit reporting appointed pursuant to section 4 of The Credit Reporting Act, while enforcing the provisions of that Act; (v) the occupational health officers appointed pursuant to section 3-6 of The Saskatchewan Employment Act who are authorized by the minister responsible for the administration of that Act to issue tickets while enforcing the provisions of that Act. 21 Dec 90 cs-63.1 Reg 2 s4; 24 Dec 92 SR 152/92 s3; 19 May 95 SR 36/95 s3; 11 Jly 97 SR 57/97 s3; 12 Apr 2001 SR 23/2001 s3; 14 Dec 2001 SR 93/2001 s3; 22 Feb 2002 SR 14/2002 s3; 4 Apr 2003 SR 15/2003 s3; 2 Jan 2004 SR 127/2003 s3; 31 Dec 2004 SR 130/2004 s3; 12 May 2006 SR 38/2006 s3; 15 Dec 2006 SR 110/2006 s3; 27 Apr 29/2007 SR29/2007 s3; 22 Feb 2008 SR 5/2008 s3; 16 Apr 2010 SR 34/2010 s3; 20 Dec 2013 SR 106/2013 s3; 28 Nov 2014 SR 92/2014 s3; 24 Dec 2015 SR 114/2015 s3.

5 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 5 Summons ticket offences 5 Offences pursuant to the following Acts, regulations and bylaws, other than the offences set out in Part 3 of the Appendix, are designated as offences for which proceedings may be commenced pursuant to Part III of the Act by the issuance of a summons ticket: (a) The Alcohol and Gaming Regulation Act, 1997; (b) The All Terrain Vehicles Act; (c) The Dangerous Goods Transportation Act, 1997; (d) The Direct Sellers Act; (e) The Highways and Transportation Act, 1997; (f) subject to clause 6(c), The Traffic Safety Act; (g) Repealed. 28 Nov 2014 SR 92/2014 s4. (h) Repealed. 12 May 2006 SR 38/2006 s4. (i) The Parks Act; (j) The Snowmobile Act, 1998; (k) Repealed. 12 May 2006 SR 38/2006 s4. (l) The Wildlife Act, 1998; (m) regulations made pursuant to the Acts mentioned in clauses (a) to (l); (n) The Fisheries Act (Saskatchewan), 1994 and The Fisheries Regulations; (o) The Livestock Inspection and Transportation Regulations, 1978 made pursuant to The Animal Products Act; (p) bylaws pursuant to The Meewasin Valley Authority Act that control traffic within Meewasin Valley; (q) bylaws pursuant to The Wakamow Valley Authority Act that control traffic within Wakamow Valley; (r) bylaws pursuant to The Wascana Centre Act that control traffic within Wascana Centre; (s) bylaws of a municipality; (t) The Outfitter and Guide Regulations, 2004; (u) section 24 of The Summary Offences Procedure Act, 1990; (v) The Fuel Tax Act, 2000; (w) The Vehicle Equipment Regulations, 1987 where the person charged is a corporation; (x) The Tobacco Control Act;

6 6 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (y) The Environmental Management and Protection Act, 2010 and the regulations made pursuant to that Act; (z) The Auctioneers Act; (aa) The Cemeteries Act, 1999; (bb) The Charitable Fund-raising Businesses Act; (cc) The Collection Agents Act; (dd) The Direct Sellers Act; (ee) The Film and Video Classification Act and the regulations made pursuant to that Act; (ff) The Motor Dealers Act; (gg) The Sale of Training Courses Act; (hh) The Security of Loads and Trip Inspection Regulations; (ii) bylaws made pursuant to The University of Saskatchewan Act, 1995 that control traffic; (jj) section 60.1 of The Safer Communities and Neighbourhoods Act; (kk) The Trespass to Property Act; (ll) The Credit Reporting Act; (mm) The Ticket Sales Act; (nn) The Saskatchewan Employment Act and The Occupational Health and Safety Regulations, Dec 90 cs-63.1 Reg 2 s5; 6 Nov 92 SR 112/92 s3; 24 Dec 92 SR 152/92 s4; 26 Nov 93 SR 93/93 s3; 3 Jne 94 SR 38/94 s3; 19 May 95 SR 36/95 s4; 12 Apr 2001 SR 23/2001 s4; 14 Dec 2001 SR 93/2001 s4; 22 Feb 2002 SR 14/2002 s4; 25 Oct 2002 SR 94/2002 s3; 4 Apr 2003 SR 15/2003 s4; 2 Jan 2004 SR 127/2003 s4; 31 Dec 2004 SR 130/2004 s4; 10 Nov 2005 SR 115/2005 s3; 12 May 2006 SR 38/2006 s4; 27 Apr 2007 SR 29/2007 s4; 22 Feb 2008 SR 5/2008 s4; 24 Jly 2009 SR 62/2009 s3; 16 Apr 2010 SR 34/2010 s4; 22 Jly 2011 SR 53/2011 s3; 9 Nov 2012 SR 79/2012 s3; 20 Dec 2013 SR 106/2013 s4; 28 Nov 2014 SR 92/2014 s5; 24 Dec 2015 SR 114/2015 s4. Offence notice ticket offences 6 The following offences are designated as offences for which proceedings may be commenced pursuant to Part IV of the Act by the issuance of an offence notice ticket: (a) subject to subsection 9(2), offences set out in Part 3 of the Appendix; (b) offences pursuant to The Vehicle Equipment Regulations, 1987, except where the person charged is a corporation;

7 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 7 (c) offences pursuant to The Traffic Safety Act where any of the following is charged pursuant to section 273 of that Act: (i) an owner of a vehicle who is an individual; (ii) a person in charge of a vehicle. 21 Dec 90 cs-63.1 Reg 2 s6; 24 Dec 92 SR 152/92 s5; 5 Mar 93 SR 16/93 s3; 3 Jne 94 SR 38/94 s4; 26 Apr 96 SR 14/96 s.3; 12 May 2006 SR 38/2006 s5. Offences with bicycle 6.1(1) Notwithstanding sections 5 and 6, with respect to any offence pursuant to The Traffic Safety Act or pursuant to any municipal traffic bylaw where the vehicle involved in the offence is a bicycle proceedings may be commenced pursuant to Part III of the Act by the issuance of a summons ticket. (2) Notwithstanding clause 8(b), where a specified penalty sum is set out in Table 1 or in Table 5 of Part 3 of the Appendix for any offence for which a summons ticket is issued pursuant to subsection (1), that specified penalty sum shall apply and may be paid without an appearance in court. 6 Nov 92 SR 112/92 s4; 12 May 2006 SR 38/2006 s6. Parking violations 7(1) Notwithstanding sections 5, 6, and 6.1, the use of the ticket is not authorized for enforcing parking violations pursuant to a bylaw. (2) For the purpose of subsection 4(5) of the Act an information with respect to a municipal bylaw parking offence is not required to be laid under oath. 6 Nov 92 SR 112/92 s5; 11 Jly 97 SR 57/97 s4. Voluntary payment offences 8 The offences with respect to which a specified penalty sum may be paid without appearing in court: (a) in the case of offences for which a summons ticket is issued, are the offences set out in Tables 1 to 51 of Part 2 of the Appendix as follows: (i) the offences pursuant to The Highways and Transportation Act, 1997 set out in Table 1; (ii) the offences pursuant to The Vehicle Weight and Dimension Regulations, 1988 set out in Table 2; (iii) the offences pursuant to The Traffic Safety Act set out in Table 3; (iv) Repealed. 12 May 2006 SR 38/2006 s7. (v) the offences pursuant to The Dangerous Goods Transportation Act set out in Table 5; (vi) the offences pursuant to The Livestock Inspection and Transportation Regulations, 1978 set out in Table 6;

8 8 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (vii) Repealed. 12 May 2006 SR 38/2006 s7. (vii.1) the offences pursuant to The Commercial Vehicles Hours of Service Regulations set out in Table 7.1; (viii) the offences pursuant to The All Terrain Vehicles Act set out in Table 8; (ix) the offences pursuant to The Snowmobile Act set out in Table 9; (x) the offences pursuant to The School Bus Operating Regulations, 1987 set out in Table 10; (xi) the offences pursuant to The Alcohol and Gaming Regulation Act, 1997 set out in Table 11; (xi.1) Repealed. 28 Nov 2014 SR 92/2014 s5. (xii) the offences pursuant to The Wildlife Act, 1998 set out in Table 12; (xiii) the offences pursuant to The Wildlife Regulations, 1981 set out in Table 13; (xiv) the offences pursuant to The Firearm Safety/Hunter Education Regulations set out in Table 14; (xv) the offences pursuant to The Parks Regulations, 1991 set out in Table 15; (xvi) Repealed. 12 Jne 92 SR 44/92 s3; (xvii) the offences pursuant to The Fisheries Act (Saskatchewan), 1994 set out in Table 17; (xviii) the offences pursuant to The Fisheries Regulations set out in Table 18; (xix) The Outfitter and Guide Regulations, 2004; (xx) the offences pursuant to The Fuel Tax Act, 2000 set out in Table 20; (xxi) the offences pursuant to The Vehicle Equipment Regulations, 1987 set out in Table 21; (xxii) the offences pursuant to The Tobacco Control Act set out in Table 22; (xxiii) the offences pursuant to The Environmental Management and Protection Act, 2010 set out in Table 23; (xxiv) Repealed. 28 Nov 2014 SR 92/2014 s5. (xxv) the offences pursuant to The Hazardous Substances and Waste Dangerous Goods Regulations set out in Table 25; (xxvi) the offences pursuant to The Mineral Industry Environmental Protection Regulations, 1996 set out in Table 26; (xxvii) Repealed. 28 Nov 2014 SR 92/2014 s5. (xxviii) Repealed. 28 Nov 2014 SR 92/2014 s5. (xxix) the offences pursuant to The PCB Waste Storage Regulations set out in Table 29;

9 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 9 (xxx) the offences pursuant to The Scrap Tire Management Regulations set out in Table 30; (xxxi) the offences pursuant to The Used Oil Collection Regulations set out in Table 31; (xxxii) the offences pursuant to The Water Regulations, 2002 set out in Table 32; (xxxiii) the offences pursuant to The Auctioneers Act set out in Table 33; (xxxiv) the offences pursuant to The Cemeteries Act, 1999 set out in Table 34; (xxxv) the offences pursuant to The Charitable Fund-raising Businesses Act set out in Table 35; (xxxvi) the offences pursuant to The Collection Agents Act set out in Table 36; (xxxvii) the offences pursuant to The Direct Sellers Act set out in Table 37; (xxxviii) the offences pursuant to The Film and Video Classification Act set out in Table 38; (xxxix) the offences pursuant to The Film and Video Classification Regulations, 1997 set out in Table 39; (xl) the offences pursuant to The Motor Dealers Act set out in Table 40; (xli) the offences pursuant to The Sale of Training Courses Act set out in Table 41; (xlii) the offences pursuant to The Trip Inspection Regulations set out in Table 42; (xliii) Repealed. 28 Nov 2014 SR 92/2014 s5. (xliv) the offences pursuant to The Waste Paint Management Regulations set out in Table 44; (xlv) the offences pursuant to The Waste Electronic Equipment Regulations set out in Table 45; (xlvi) the offences pursuant to The Trespass to Property Act set out in Table 46; (xlvii) the offences pursuant to The Credit Reporting Act set out in Table 47; (xlviii) the offences pursuant to The Ticket Sales Act set out in Table 48; (xlix) the offences pursuant to The Saskatchewan Employment Act set out in Table 49; (l) the offences pursuant to The Occupational Health and Safety Regulations, 1996 set out in Table 50;

10 10 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (li) the offences pursuant to The Environmental Management and Protection (General) Regulations set out in Table 51; (b) in the case of offences for which an offence notice ticket is issued, are: (i) the offences set out in Tables 1 to 7 of Part 3 of the Appendix as follows: (A) the offences pursuant to The Traffic Safety Act set out in Table 1; (A.1) the offences pursuant to The Commercial Hours of Service Regulations set out in Table 1.1; (B) the offences pursuant to The Parks Regulations, 1991 set out in Table 2; (C) the offences pursuant to The Vehicle Equipment Regulations, 1987 set out in Table 3; (D) the offences pursuant to The School Bus Operating Regulations, 1987 set out in Table 4; (E) the offences pursuant to a bylaw of a city, town, village, rural municipality, The Wascana Centre Authority, The Meewasin Valley Authority, The Wakamow Valley Authority or The University of Saskatchewan Act, 1995 set out in Table 5; (F) the offences pursuant to The Driver Licensing and Suspension Regulations, 2006; (G) the offences pursuant to The Licence Plate Display Regulations; (ii) the offences pursuant to The Vehicle Equipment Regulations, 1987 that are not set out in Table 3 of Part 3 of the Appendix; and (iii) the offences pursuant to The Traffic Safety Act set out in Table 3 of Part 2 of the Appendix where any of the following is charged pursuant to section 273 of that Act; (A) an owner of a vehicle who is an individual; (B) a person in charge of a vehicle. 21 Dec 90 cs-63.1 Reg 2 s8; 12 Jne 92 SR 44/92 s3; 6 Nov 92 SR 112/92 s6; 24 Dec 92 SR 152/92 s6; 5 Mar 93 SR 16/93 s4; 26 Nov 93 SR 93/93 s4; 19 May 95 SR 36/95 s5; 11 Jly 97 SR 57/97 s5; 28 Apr 2000 SR 26/2000 s3; 14 Jly 2000 SR 51/2000 s3; 12 Apr 2001 SR 23/2001 s5; 14 Dec 2001 SR 93/2001 s5; 22 Feb 2002 SR 14/2002 s5; 4 Apr 2003 SR 15/2003 s5; 2 Jan 2004 SR 127/2003 s5; 31 Dec 2004 SR 130/2004 s5; 10 Nov 2005 SR 115/2005 s4; 12 May 2006 SR 38/2006 s7; 27 Apr 2007 SR 29/2007 s5; 22 Feb SR 5/2008 s5; 3 Apr 2009 SR 33/2009 s3; 24 Jly 2009 SR 62/2009 s4; 16 Apr 2010 SR 34/2010 s5; 22 Jly 2011 SR 53/2011 s4; 20 Dec 2013 SR 106/2013 s5; 4 Jly 2014 SR 63/2014 s3; 28 Nov 2014 SR 92/2014 s5; 24 Dec 2015 SR 114/2015 s5. Discretionary offences 9(1) The offences for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court pursuant to subsection 14(3) of the Act are: (a) the offences set out in Part 2 of the Appendix that are marked with an asterisk;

11 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 11 (b) an offence set out in Table 3 of Part 2 of the Appendix that results in an accident in which a person is injured or a fatality occurs; and (c) the offences set out in Tables 12 and 13 of Part 2 of the Appendix that involve a wild species at risk. (2) If the commission of an offence set out in Table 1 of Part 3 of the Appendix results in an injury to or the death of a person, a peace officer may, instead of following the procedures set out in section 6: (a) issue a summons ticket; (b) withdraw the specified penalty sum set out in that Table; and (c) require the defendant to appear in court pursuant to subsection 14(3) of the Act. 21 Dec 90 cs-63.1 Reg 2 s9; 26 Apr 96 SR 14/96 s.5; 28 Apr 2000 SR 26/2000 s4; 12 May 2006 SR 38/2006 s8. Prescribed period for subsection 30(3.1) of the Act 9.1 For the purposes of subsection 30(3.1) of the Act, the fine and any late payment charge must be discharged within 60 days after the date of default. 26 Nov 2010 SR 116/2010 s3. Form of ticket 10(1) Form A of Part 1 of the Appendix is prescribed as the form of the summary offence ticket. (2) The ticket consists of eight parts: (a) Parts 1 and 2 to be used for laying an information and as the certificate of service; (b) Part 3 to be used to issue an offence notice with respect to any ticket offence mentioned in section 6; (c) Part 4 to be used by the person to whom an offence notice is directed: (i) to indicate a not guilty plea and to request a trial date pursuant to section 19 of the Act; (ii) to indicate a guilty plea and to request a date to make submissions pursuant to section 21 of the Act; or (iii) for payment of a specified penalty sum pursuant to section 10 of the Act; (iv) Repealed. 30 Jne 2016 SR 54/2016 s3. (d) Part 5 to be used to issue a summons with respect to a ticket offence mentioned in section 5; (e) Part 6 to be used by the person to whom the summons is directed for payment of a specified penalty sum pursuant to section 10 of the Act;

12 12 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (f) Part 7 to be used as the police record of the information; and (g) Part 8 to be used as the peace officer s case summary notes. 20 Nov 2009 SR 101/2009 s3; 30 Jne 2016 SR 54/2016 s3. Use of ticket 11(1) Parts 1, 2, 5 and 6 of the ticket are to be used for all summons ticket offences. (2) Parts 1, 2, 3 and 4 of the ticket are to be used for all offence notice ticket offences. (3) Parts 7 and 8 of the ticket are to be used if a peace officer: (a) lays an information or issues a summons for an offence that is not a voluntary payment offence; or (b) issues a summons or an offence notice for a voluntary payment offence and the defendant does not make the voluntary payment. 21 Dec 90 cs-63.1 Reg 2 s11; 6 Nov 92 SR 112/92 s7; 30 Oct 98 SR 82/98 s4; 20 Nov 2009 SR 101/2009 s4. Completion of ticket 12(1) A peace officer who issues a ticket with respect to an offence shall: (a) in the spaces provided on the ticket, give: (i) the section number of the Act, regulation or bylaw pursuant to which the charge is made; (ii) a brief description in words of the offence; and (iii) the name of the person to be charged and other particulars indicated on the ticket; and (b) deliver to the defendant the summons or offence notice, as the case may require. (1.1) A peace officer who issues an offence notice ticket for an offence pursuant to The Traffic Safety Act where an owner of a vehicle or a person in charge of a vehicle is charged pursuant to section 273 of that Act shall indicate on the ticket both the section number of the Act that describes the specific offence and section 273 as the sections pursuant to which the charge is made. (2) Notwithstanding subsection (1), the particulars of birth date, driver and vehicle are not required unless the offence involves the use of a vehicle. (3) A peace officer who issues a summons on Part 7 or offence notice on Part 9 of the ticket with respect to a voluntary payment offence: (a) shall indicate, in the spaces provided on the ticket, the place, day and time at which the person charged is required to appear; (b) subject to section 9, shall indicate the amount of the specified penalty sum that is required to be paid if the person charged elects to pay a specified penalty sum;

13 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 13 (c) may complete the spaces provided on the ticket following the heading THE FOLLOWING DOES NOT FORM PART OF THE CHARGE BUT IS PROVIDED FOR INFORMATION ONLY to indicate: (i) Repealed. 19 May 95 SR 37/95 s3. (ii) the name of the department or agency by which the peace officer is employed to enforce certain Acts, regulations or bylaws; and (d) shall sign the ticket before serving the summons or offence notice on the person charged. (4) On serving a summons or offence notice pursuant to section 8 of the Act, the peace officer shall sign the certificate of service in Part 2 of the ticket. 21 Dec 90 cs-63.1 Reg 2 s12; 24 Dec 92 SR 152/92 s7; 19 May 95 SR 37/95 s3; 12 May 2006 SR 38/2006 s9. Summary offence ticket completed electronically 12.1(1) A summary offence ticket may be completed electronically if the data recorded for the ticket meets all of the following criteria: (a) it is substantially the same as the information required by Form A of Part I of the Appendix and is capable of being printed in accordance with section 12.4; (b) it is intelligible and cannot be altered after the ticket has been signed electronically in accordance with section 12.2, other than to elaborate on, compress or encrypt coded data as necessary for transmission to a database used for the purpose of storing electronic ticket data. (2) A requirement in the Act for a person to enter or print information on a summary offence ticket is satisfied by provision of the information as part of the automated function of an electronic data system used to complete the ticket electronically. 29 Nov 2013 SR 92/2013 s2. Signing ticket electronically 12.2(1) A summary offence ticket may be signed electronically by the peace officer who issued the ticket in accordance with this section. (2) A summary offence ticket that is signed electronically must contain a unique code, name or number assigned to a peace officer that identifies that peace officer as the originator of the data entered or attested to by him or her. (3) The code, name or number mentioned in subsection (2) must be: (a) attached to the data entered or attested to by the peace officer mentioned in subsection (2); and (b) reasonably secure against unauthorized use. (4) For the purpose of clause (3)(b), a code, name or number is presumed reasonably secure against unauthorized use if it meets one of the following conditions: (a) the physical means of generating it are protected;

14 14 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (b) the electronic means of generating it are themselves a secure code or are protected by a password issued in confidence to the peace officer mentioned in subsection (2). 29 Nov 2013 SR 92/2013 s2. Serving summary offence ticket completed electronically 12.21(1) A summary offence ticket that is completed and signed electronically in accordance with sections 12.1 and 12.2 may be served by a person acting on behalf of the peace officer who signed the ticket. (2) If a summary offence ticket is served by a person acting on behalf of the peace officer who signed the ticket, the person who served the summary offence ticket shall complete a certificate of service. (2.1) A certificate of service mentioned in subsection (2) may be signed electronically by the person who completes it. (2.2) If a certificate of service mentioned in subsection (2) is signed electronically, section 12.2 applies, with any necessary modification, to the electronic signature. (3) A certificate of service signed by the person who made service attesting to the fact that service was made on the defendant is admissible in evidence as proof of that service without proof of the signature of the person completing the certificate of service. 13 Feb 2015 SR 5/2015 s3; 18 Sep 2015 SR 80/2015 s3. Filing ticket electronically 12.3 A summary offence ticket that is completed and signed electronically in accordance with sections 12.1 and 12.2 may be filed by or on behalf of a peace officer for the purposes of subsection 7(2) of the Act if all of the following conditions are met: (a) the data is transmitted without alteration to a database used for the purpose of storing electronic ticket data; (b) the data is received in its entirety by a database used for the purpose of storing electronic ticket data; (c) a database used for the purpose of storing electronic ticket data transmits an acknowledgment of receipt to the electronic data system mentioned in section 12.1 confirming receipt of intelligible data; (d) in the case of a summary offence ticket filed on behalf of a peace officer, the data entered or attested to by the peace officer pursuant to section 12.2 is transmitted without alteration from the peace officer to the person filing the ticket on behalf of the peace officer. 29 Nov 2013 SR 92/2013 s2; 13 Feb 2015 SR 5/2015 s4. Printing summary offence ticket completed electronically 12.4(1) A printed copy of a ticket filed pursuant to section 12.3 is deemed to have been filed as the original document if it is printed in accordance with these regulations and for the purpose of disposing of a charge under the Act.

15 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 15 (2) A summary offence ticket that is completed, signed, and filed electronically in accordance with these regulations must be printed in Form A of Part 1 of the Appendix. (3) Any portion of a summary offence ticket that is completed or signed, or completed and signed, and filed electronically and that is printed for the purpose of processing the ticket must be printed in Form A of Part 1 of the Appendix. (4) A printed copy of a ticket mentioned in subsection (1): (a) is admissible in evidence as if it were the original; (b) is admissible as proof, in the absence of evidence to the contrary, of the signing of the ticket; and (c) is admissible as proof, in the absence of evidence to the contrary, of the time when the ticket was issued. 29 Nov 2013 SR 92/2013 s2. Data added to summary offence ticket filed electronically 12.5(1) No person shall alter the data for a summary offence ticket that is filed electronically pursuant to section 12.3, except to add data as permitted by this section. (2) A justice or clerk may add, or authorize the addition of, any data to complete the Court Action portion of a ticket that is filed electronically. (3) A justice or clerk may use electronic means to examine a summary offence ticket that is filed electronically to do any of the following: (a) add any data required to complete the Court Action portion of the ticket; (b) electronically sign the ticket. (4) The following do not constitute alteration of the data of a summary offence ticket: (a) decoding coded data; (b) expanding coded data or abbreviations based on tables of concordance. 29 Nov 2013 SR 92/2013 s2. Specified penalty sum 13(1) The amount of the specified penalty sum payable with respect to a voluntary payment offence is the total of: (a) the penalty set out in subsection (2) or (3); and (b) the surcharge prescribed pursuant to The Victims of Crime Regulations. (2) Subject to subsection (3), the penalty payable with respect to a voluntary payment offence is: (a) for an offence set out in Table 1, 8, 11 or 22 of Part 2 of the Appendix, the amount set out in Column 5 of the table opposite the description of the offence; (b) for an offence set out in Tables 2 to 7.1, 9, 10, 12 to 21 or 23 to 51 of Part 2 of the Appendix, the amount set out in Column 4 of the table opposite the description of the offence;

16 16 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (c) for an offence set out in Tables 1 to 4 of Part 3 of the Appendix, the amount set out in Column 4 of the table opposite the description of the offence; and (d) for an offence set out in Table 5 of Part 3 of the Appendix, the amount set out in Column 3 of the table opposite the description of the offence. (3) The penalty payable with respect to a voluntary payment offence pursuant to The Vehicle Equipment Regulations, 1987 is: (a) for an offence set out in Table 21 of Part 2 of the Appendix: (i) the amount set out in column 4 of the table if the registered gross vehicle weight is less than 11,000 kilograms; and (ii) the amount set out in column 5 of the table if the registered gross vehicle weight is 11,000 kilograms or more; (b) for an offence set out in Table 3 of Part 3 of the Appendix: (i) the amount set out in column 4 of the table if the registered gross vehicle weight is less than 11,000 kilograms; and (ii) the amount set out in column 5 of the table if the registered gross vehicle weight is 11,000 kilograms or more; and (c) where an offence is not specified in the tables mentioned in clauses (a) and (b): (i) $75 for an offence where the registered gross vehicle weight is less than 11,000 kilograms; and (ii) $100 for an offence where the registered gross vehicle weight is 11,000 kilograms or more. (4) If a specified penalty sum is not indicated for an offence in Table 3 of Part 2 of the Appendix or Table 1 of Part 3 of the Appendix, the specified penalty sum payable for an offence pursuant to The Traffic Safety Act, where an owner or a person in charge of a vehicle is charged pursuant to section 273 of that Act, is $ Dec 90 cs-63.1 Reg 2 s13; 4 Mar 94 SR 15/94 s2; 11 Jly 97 SR 57/97 s6; 27 Feb 98 SR 19/98 s3; 14 Jly 2000 SR 51/2000 s4; 22 Feb 2002 SR 14/2002 s6; 2 Jan 2004 SR 127/2003 s6; 31 Dec 2004 SR 130/2004 s6; 12 May 2006 SR 38/2006 s10; 15 Dec 2006 SR 110/2006 s4; 27 Apr 2007 SR 29/2007 s6; 24 Jly 2009 SR 62/2009 s5; 16 Apr 2010 SR 34/2010 s6; 22 Jly 2011 SR 53/2011 s5; 24 Dec 2015 SR 114/2015 s6. Late payment charge 14(1) For the purposes of section 28 of the Act, an offender is liable to pay a late payment charge of $60. (1.1) Notwithstanding subsection (1), if the summary offence ticket issued to an offender specifies that the late payment charge for the purposes of section 28 of the Act is an amount less than $60, the offender is liable to pay a late payment charge in the amount specified in the summary offence ticket. (2) For the purposes of section 32.8 of the Act, an offender is liable to pay a late payment charge of $ Mar 2006 SR 24/2006 s3; 16 Apr 2010 SR 34/2010 s7; 27 Apr 2018 SR 28/2018 s3.

17 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 17 Designated offences re The Vehicle Administration Act 14.1 For the purposes of section 23.1 of The Vehicle Administration Act, the following are designated offences: (a) the offences designated as offence notice ticket offences in section 6; (b) offences pursuant to section 221, paragraphs 249(1)(a) and (b), subsections 249(3) and (4), subsection 252(1), paragraphs 253(a) and (b), subsection 254(5), subsections 255(2) and (3) and subsection 259(4) of the Criminal Code. 15 Dec 2000 SR 99/2000 s3. 15 Repealed. 6 Nov 92 SR 112/92 s8. Forms 16(1) For the purposes of subsection 26(6) of the Act, an application for extension of time for payment of a fine is to be in Form B of Part 1 of the Appendix. (2) For the purposes of subsection 29(4) or 31(1) of the Act, the form of a warrant of committal is to be in Form C of Part 1 of the Appendix. (3) For the purposes of subsection 31(2) of the Act, the form for a request for a hearing after a default conviction is to be in Form D of Part 1 of the Appendix. (3.1) For the purposes of subsection 32.4(2) of the Act, an affidavit of default of payment of restitution order is to be in Form D.1 of Part 1 of the Appendix. (4) Repealed. 26 Apr 96 SR 14/96 s.5. (5) Repealed. 26 Apr 96 SR 14/96 s.5. (6) Repealed. 26 Apr 96 SR 14/96 s.5. (7) For the purposes of section 49.1 of the Act, the form of release on recognizance is to be in Form H of Part 1 of the Appendix. 21 Dec 90 cs-63.1 Reg 2 s16; 19 May 95 SR37/95 s4; 26 Apr 96 SR 14/96 s5; 13 Dec 96 SR 98/96 s3. Service of documents 17(1) Where the Act requires a notice or document other than a summons or offence notice to be given to or served on a defendant or offender, the notice or document may be served: (a) by ordinary mail addressed to the defendant or offender at the defendant s or offender s address for service; or (b) personally on the defendant or offender. (2) Service by ordinary mail pursuant to subsection (1) may be proved by the affidavit of the clerk who mailed the notice or document.

18 18 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (3) For the purposes of subsection 15(3) or 20(1) of the Act, service of a notice of trial may be proved by the affidavit of the clerk, together with a document produced by the Justice Automated Information Network computer showing the clerk s notation on the computer records that the notice was served. (4) For the purposes of subsection 8(3) of the Act, a summons or offence notice is to be served by registered mail. (5) A summons or offence notice served by registered mail is deemed to have been served on the tenth business day following the date of its mailing unless the person to whom it was mailed establishes that, through no fault of his or her own, the person did not receive the summons or offence notice or received it at a later date. 21 Dec 90 cs-63.1 Reg 2 s17; 26 Nov 2010 SR 116/2010 s4. Service re certain tickets 17.1(1) An offence notice that relates to evidence obtained by a red light camera system or a speed monitoring device authorized pursuant to The Traffic Safety Act may be served by sending it by ordinary mail to the defendant s address as shown on any of the following: (a) the records of the administrator as defined in The Traffic Safety Act; (b) any databases of driver or vehicle registration information outside of Saskatchewan to which the administrator mentioned in clause (a) or the issuing peace officer has access; (c) any police databases to which the issuing peace officer has access. (2) A summons ticket that relates to an offence pursuant to section 4 or 6, subsection 17(2) or section 18 of The Parks Regulations, 1991 may be served by sending it by ordinary mail to the defendant s address as shown on any of the following: (a) the records of the administrator as defined in The Traffic Safety Act; (b) any databases of driver or vehicle registration information outside of Saskatchewan to which the administrator mentioned in clause (a) or the issuing peace officer has access; (c) any police databases to which the issuing peace officer has access. 18 Sep 2015 SR 80/2015 s4. Address for service 18(1) Subject to subsections (2), (5) and (6), the address for service of a defendant or offender who is an individual is the address indicated on his or her driver s licence. (2) A defendant who is an individual and (a) who is not in possession of an driver s licence; or (b) whose address is not the address indicated on his or her driver s licence; shall, on being served with a summons or offence notice, provide an address for service to the person serving the summons or offence notice.

19 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 19 (3) Subject to subsection (5), the address for service of a defendant that is a municipality is the municipal office. (4) Subject to subsection (5), the address for service of a defendant that is a corporation is: (a) the most recent address of the corporation indicated on the records of the Corporations Branch of the Department of Consumer and Commercial Affairs; or (b) if no address described in clause (a) is available, the registered office of the corporation. (5) After being served with a summons or offence notice, a defendant or offender may provide a clerk with a new address for service for the purpose of subsequent proceedings related to the summons or offence notice. (6) The notice required pursuant to clause 31(1)(c) of the Act may be served on the offender at the address for that person indicated in the records of the administrator designated pursuant to The Traffic Safety Act. 21 Dec 90 cs-63.1 Reg 2 s18; 6 Nov 92 SR 112/92 s9; 12 May 2006 SR 38/2006 s12. Deductions from fine revenues 19(1) For the purposes of section 57 of the Act and in this section: (a) fiscal year means the period commencing on April 1 in one year and ending on March 31 in the following year; (b) municipality includes a First Nation with a Community Safety Officer Program operating on reserve. (2) For the purposes of clause 57(4)(a) of the Act: (a) the City of Regina and City of Saskatoon are designated as municipalities from which the Government of Saskatchewan may deduct the amount set out in clause (b) from fines payable; and (b) the Government of Saskatchewan may deduct in each fiscal year: (i) $320,000 from fines payable to the City of Regina; and (ii) $320,000 from fines payable to the City of Saskatoon. (3) For the purposes of clause 57(4)(c) of the Act: (a) all municipalities are designated as municipalities from which the Government of Saskatchewan may deduct the amount set out in clause (b) from fines payable; and (b) the Government of Saskatchewan may deduct, in each fiscal year, 25% of every fine imposed with respect to an offence governed by the Act.

20 20 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (4) In subsection (3), fine imposed means, with respect to an offence, a fine imposed by a justice and includes the penalty mentioned in subsection 13(2) or (3), but does not include: (a) a late payment charge payable pursuant to section 14; or (b) a surcharge pursuant to The Victims of Crime Regulations, Mar 2006 SR 24/2006 s4; 12 May 2006 SR 38/2006 s12; 7 Apr 2017 SR 27/2017 s3. Transitional 19.1 Subject to a deduction authorized pursuant to subsection 19(3) or a predecessor of that provision, a municipality is entitled to receive fine revenues for a contravention within that municipality of any provision of any Act or regulation made pursuant to any Act if: (a) the municipality had a municipal police service that was in existence on December 31, 1998; or (b) the municipality had a contract with a police service and the contract was in existence on December 31, Mar 2006 SR 24/2006 s4. R.R.S. c.s-63 Reg 3 repealed 20 The Summary Offences Procedure Regulations, 1986 are repealed. 21 Dec 90 cs-63.1 Reg 2 s20.

21 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 21 Appendix PART I Forms FORM A

22 22 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991

23 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 23

24 24 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991

25 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 25

26 26 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991

27 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 27

28 28 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, Jne 2016 SR 54/2016 s4. FORM A PART 3 Repealed. 30 Oct 98 SR 82/98 s5. FORM A PART 4 Repealed. 30 Oct 98 SR 82/98 s5.

29 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 29 FORM B The Summary Offences Procedure Act, 1990 [Subsection 26(6)] PROVINCIAL COURT OF SASKATCHEWAN (location) APPLICATION FOR EXTENSION OF TIME FOR PAYMENT OF FINE TO THE JUSTICE AT 1. I, of (print full name) (city, town, village) have been convicted of the following offence (or offences) pursuant to ticket number : and on the day of, 19 at (day of month) (month), Saskatchewan a fine in the amount of was imposed. (city, town, village) 2. (To be completed if any of the offences relate to the operation of a vehicle.) My driver s licence number is. 3. The fine (or fines) is (or are) due and payable on (due date at time of conviction, or, if any extension has already been granted, the due date for payment as a result of the extension). 4. I request an extension (or further extension) of the time to pay the fine (or fines) for the following reason (or reasons): DATED at,, (city, town, village) (province) this day of, 19. (day of month) (month) Approved Not Approved Approved with Changes (Signature of Person Requesting Extension) (Signature of Judge or Justice) 6 Nov 92 SR 112/92 s.10.

30 30 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 FORM C PROVINCIAL COURT OF SASKATCHEWAN (location) The Summary Offences Procedure Act, 1990 [Subsections 29(4) and 31(1)] WARRANT OF COMMITTAL ON AN ORDER FOR PAYMENT OF MONEY INFORMATION OR TICKET NO. CANADA Province of Saskatchewan ON BEHALF OF HER MAJESTY THE QUEEN TO THE PEACE OFFICERS IN SASKATCHEWAN, AND TO THE KEEPER OF THE IN SASKATCHEWAN: (name of correctional centre) WHEREAS of (name of offender) (city, town, village) was convicted of the following offences: at/in, in Saskatchewan on (city, town, village) or about the day of, 19 and it was ordered that (day of month) (month) the offender pay a fine of $ on or before, 19 and, in default, that the offender be imprisoned in the (name of correctional centre) for a term of days, I hereby command you, in Her Majesty s name, to take the offender and convey the offender safely to the (name of correctional centre) at in the said province, and deliver the offender to the (city, town, village) keeper of it, together with the following precept:

31 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 31 I hereby command you, the keeper of the (name of correctional centre) to receive the offender into your custody and imprison the offender there for the term of days unless the amount of the fines and the costs and charges of the committal and of conveying the offender to the correctional centre are paid before the end of the term, and for so doing this is a sufficient warrant. DATED at,, (city, town, village) (province) this day of, 19. (day of month) (month) A Justice of the Peace in and for Saskatchewan 21 Dec 90 c.s-63.1 Reg 2 Form C. FORM D PROVINCIAL COURT OF SASKATCHEWAN (location) The Summary Offences Procedure Act, 1990 [Subsection 31(2)] REQUEST FOR HEARING AFTER NOTICE OF WARRANT OF COMMITTAL TO THE JUSTICE AT 1. I, of (print full name) (city, town, village) have received a written notice dated the day of, 19, (day of month) (month) pursuant to clause 31(1)(c) of The Summary Offences Procedure Act, 1990 of the intent to issue a warrant of committal for imprisonment for a fine (or fines) in default. 2. The notice advised that a default conviction was entered against me for the following offence (or offences): and that the conviction was entered on the day of, 19. (day of the month) (month) 3. I have failed to pay the fine (or fines) for the following reason (or reasons):

32 32 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, I request a hearing before a justice to explain why I think that a warrant of committal for imprisonment should not be issued. 5. The address where a notice of the time and place for the hearing should be sent to me is: DATED at,, (city, town, village) (province) this day of, 19. (day of month) (month) (Signature of Person Requesting Extension) 21 Dec 90 c.s-63.1 Reg 2 Form D.

33 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 33 FORM D.1 Affidavit of Default of Payment of Restitution Order [Subsection 32.4(2)] Court of Queen s Bench for Saskatchewan (location) Affidavit of Default of Payment of Restitution Order I,, of, Saskatchewan, make oath and say: 1. That I am the person to be paid pursuant to the restitution order # made by on. 2. That attached and marked Exhibit A to this my affidavit is a copy of restitution order #. 3. That the offender has: OR not paid any of the of the amount ordered. paid $ of the amount ordered. 4. That $ remains unpaid pursuant to the order. (amount) 5. That I make this affidavit in support of the registration of the restitution order with this Honourable court pursuant to subsection 32.4(2) of The Summary Offences Procedure Act, SWORN BEFORE ME at the of ) in the Province of ) of Saskatchewan, this day of ), 19. ) (Signature) A Commissioner for Oaths in and for the Province of Saskatchewan. My commission expires on 13 Dec 96 SR 98/96 Form D.1. FORM E Repealed. 26 Apr 96 SR 14/96 s.6. FORM F Repealed. 26 Apr 96 SR 14/96 s.6. FORM G Repealed. 26 Apr 96 SR 14/96 s.6.

34 34 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 FORM H [Section 49.1 of The Summary Offences Procedure Act, 1990] RECOGNIZANCE I,, of,, understand that (name) (occupation) it is alleged that I have committed. (set out substance of offence). In order that I may be released from custody, I acknowledge that I owe $ (not exceeding $500) to the Crown in right of Saskatchewan to be levied on my real and personal property if I fail to attend court as required in this recognizance. (or, where the person is not ordinarily resident in Saskatchewan and the officer believes that the person will not obey a summons) In order that I may be released from custody, I acknowledge that I owe $ (not exceeding $500) to the Crown in right of Saskatchewan and deposit (money or other valuable security not exceeding in amount or value $500) to be forfeited if I fail to attend court as required in this recognizance. I acknowledge that I am required to attend court on day, the day of, 19, at o clock in the noon, in courtroom No., at court, in the municipality of, and to attend after that as required by the court, in order to be dealt with according to law. I understand that failure without lawful excuse to attend court in accordance with this recognizance is an offence pursuant to subsection 24(2) of The Summary Offences Procedure Act, Subsection 24(2) of The Summary Offences Procedure Act, 1990 provides as follows: (2) A defendant is guilty of an offence and liable on summary conviction to a fine of not more than $500 if: (a) the defendant has been arrested under a warrant as a result of failing to appear pursuant to a summons or a summons issued pursuant to the Criminal Code (Canada); (b) in connection with the arrest under warrant mentioned in clause (a), the defendant has given a promise to appear to an officer in charge, has given an undertaking to appear to a justice or has entered a recognizance before an officer in charge or justice; and (c) the defendant has failed to appear at the time and in the court indicated in the promise to appear, undertaking or recognizance mentioned in clause (b). Dated this day of, 19, at. (signature of accused) 19 May 95 SR 37/95 s6.

35 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 35 PART 2 Voluntary Payment Offences - Summons Ticket Issued [Clause 8(a)] TABLE 1 The Highways and Transportation Act, 1997 The provisions set out in Column 3 are the provisions of The Highways and Transportation Act, 1997 that impose the prohibitions or requirements described in Column 2. The provisions of that Act listed in Column 4 provide that contraventions of the corresponding provisions in Column 3 are offences. The provisions in Column 3 that are marked with an asterisk are the provisions for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court. Column 1 Item Number Column 2 Description of Offence Column 3 Section Column 4 Offence 1 Bypassing a weighing machine 37(2)* 37(11) $150 2 Contravening minister s weight order 38(1)* 38(2) Column 5 Penalty Sum in Dollars 100 plus $10 for each 50 kilograms or fraction thereof of overweight exceeding statutory limit and $15 for each 50 kilograms of excess weight if the excess weight is 1,000 kilograms or more 3 Repealed. 30 Oct 98 SR 82/98 s6. 4 Exceeding maximum weight specified in a permit 38(1)* 38(2) 5 Exceeding maximum dimension specified in a permit 38(1)* 38(2) 100 plus $10 for each 50 kilograms or fraction thereof of overweight exceeding statutory limit and $15 for each 50 kilograms of excess weight if the excess weight is 1,000 kilograms or more 50 for individuals; 100 for corporations