Index All references are to section numbers of the Contraventions Act. Agreements with provinces, 65.2, 65.3 INDEX Amendments. See also Consequential amendments Canada Agricultural Products Act, 84 Canada Environmental Protection Act, 84 Canada Evidence Act, 66 Citizenship Act, 67 Criminal Code, 68-72 Fisheries Act, 84 Government Property Traffic Act, 72.1, 84 Identification of Criminals Act, 73-76 Immigration Act, 77, 78 Immigration and Refugee Protection Act see Immigration Act Interpretation Act, 79 Migratory Birds Convention Act, 1994, 84 National Battlefields at Quebec Act, 1914, 80.1 National Parks Act, 84 Non-smoker s Health Act, 84 Official Secrets Act, 80 Saguenay-St. Lawrence Marine Park Act, 84 Transportation of Dangerous Goods Act, 84 Applications for employment, 64 Arrest, 7, 61, 62 execution of warrant, 61 fine unpaid, 61 Attorney General, 2 Bail, 53 Canada Evidence Act, 66 Canada Shipping Act offences, 17(4) Citizenship Act, 67 1027
Civil enforcement, 58 Coming into force, 86 Commencement of proceedings, 17-20 election of Crown, 50 Compensation agreements, 65.3 Consequential amendments, 84, 85. See also Amendments Contravene, 79 Contravention, 2 Contraventions court, 2 Conviction. See also Arrest, Fines, Imprisonment civil enforcement, 58 criminal record, 63 effect of, 63, 64 enforcement, 58 memo of, 42 notice of, 36 default convictions, 44(4) notice of consequences, 57 review/setting aside, 46, 47 Costs, 52 Criminal Code amendments to, 68-72 effect of, 5 election of Crown, 68 exclusion of laying information, 54 failure to comply, 68 Criminal record, 63 applications for employment, 64 Crown 1028
Crown Continued bound, 3 election, 50 passports, 65 Default proceedings, 44 examination of ticket, 44(2) filing ticket, 44(1) notice of conviction, 44(4) INDEX Defendant guilty plea, 22(1), (2) guilty plea with representation, 23 non-attendance, 33, 36. See also Default proceedings options, 21 request for trial, 26 use of counsel/agent, 32 Definitions, 2, 55 Employment, applications for, 64 Enactment, 2 Enforcement authority, 2 Evidence notice/document, 41 ticket, 38, 44 vehicle ownership, 40 Failure to appear, 70, 72 Failure to comply, 68 Fees, 2 discharge by payment, 56 regulations, 8(1)(e), (1.1) Fines. See also Conviction charges for cashing cheques 56(2), 55 1029
Fines Continued discharge by payment, 22(3),(4), 56 enforcement, civil, 58 failure to pay, 59-62 licences, permits and registration of establishments, 59 fine option program, 56(1), 62(3) generally, 42(1) inability to pay, 62(3) late payment, 22(4) no imprisonment in default, 60 notice re non-payment of fine or fees, 57 part payment, 22(3), 61 proceeding, defined, 55 regulations, 8(1)(c) Forfeiture forfeitable thing, 2 generally, 6, 43 notice of possible, 11 review of, 48, 49 Government Property Traffic Act, 72.1, 84 Guilty plea, 22, 23 payment of fine, 22 Guilty plea with representation, 23, 24 disposition, 23(2), (3) Identification of Criminals Act, 69, 71, 73, 74, 75, 76 destruction of finger prints and photographs, 76 Immigration Act, 77, 78 Immigration and Refugee Protection Act. See Immigration Act. Imprisonment. See also Arrest, Recognizances default of payment, 60 discharge of fines, 56(1) part of fine remains unpaid, 61(b) warrant for committal, 62 1030
Information, laying election to proceed summarily, 50, 55 exclusion of, 54 Judicial interim release, 53 INDEX Liability for acting under Act, 75 Licences, permits and registration of establishments, 59 Mailing notice/documents, 41, 57 service, 10(4) Majority and quorum, 51 Minister, 2 Misleading justice, 39 Motor vehicle, 2 Municipal/local authority, agreements with, 65.3 Non-resident defendants generally, 2 (com) guilty plea with representations, 24 not guilty plea, 27 options available to defendant, 21(2) tickets, 20 Offences applications for employment, 64 designation of offences, 8 false statements, 39 Official Secrets Act, 80 Options available to defendants, 21 Parking tickets. See also Tickets completion, 12 1031
Parking tickets Continued evidence of ownership, 19 owner s liability, 13 service, 12, 14 Passports, issuance and revocation of, 65 Power of arrest, 7 Practice and procedure, 51 Prescribed, 2 Proceedings, 55 Provinces, agreements with, 65.2 compensation agreements, 65.3 Provincial laws, application of, 65.1 Purpose of Act, 4 Recognizances, 53 money or other valuable security, 53 Regulations application of provincial laws, 85.1 examination of proposed, 17 generally, 8 amount of fine, 8(1)(c), (3), (4), (5), (6) different fees in each province, 8(1.1) form of tickets, 8(1)(d) offences, designation of, 8(1)(a) prescribed classes of contraventions, 8(1)(f) providing fees, costs, penalties and other amounts, 8(1)(e) short-form descriptions of contraventions, 8(1)(b), (7) Related amendments. See Amendments Revenue sharing agreements, 65.3 1032
Rules, 51 Sentence fines, 42(1), (3), (4) minimum punishment, 42 no imprisonment, 42(2) INDEX Sentence hearing dispositions, 42 fixing time/place, 25 need not be in court, 37(2) when held, 37(1) Service certificate of, 15 parking tickets, 14 tickets, 10 Short-form descriptions of contraventions, 8(1)(b), (7) Short title, 1 Statutory Instruments Act, application of, 17(3) Tickets. See also Parking tickets completion, 9 contents, 16 amount of fine, 16(d) definition, 2 filing, 17, 18, 44 service, 9, 10 Trial adjournment for non-appearance, 33(1)(b), 34(1)(b) attendance of defendant, 32 personal attendance not required, 32 attendance of enforcement authority, 31 dismissal where Crown absent, 34(1)(a) evidence. See Evidence generally, 29 language, 30 1033
Trial Continued new trial date, 35, 47(3)-(6) non-attendance of A/G, 34 non-attendance of defendant, 33, 36. See also Default proceedings notice of conviction, 36 request for, 26 rules, 51 use of counsel/agent, 32 Vehicle owners, vicarious liability of, 13 Warrant for arrest, 61 Warrant for committal, 62 Young persons. See also Youth Criminal Justice Act compelling attendance at court, 45 definition, 2 jurisdiction of adult courts, 17(2) transfer to proper court, 28 Youth Criminal Justice Act definitions, 2 effect of, 5 Youth justice court, 2 1034