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First
Session, 47th General Assembly 61
Elizabeth II, 2012 |
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AN ACT TO AMEND THE
PROVINCIAL OFFENCES ACT |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
DARIN KING Minister of Justice |
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Ordered
to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Provincial Offences Act to · remove the requirement for summary offence tickets to contain a notice to appear; · prescribe the options available to a person who is served with a ticket; and · validate all summary offence tickets issued under the Act before July 1, 2013 notwithstanding a defect in the form of the ticket or the manner of service of the ticket. |
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A BILL AN ACT TO AMEND THE PROVINCIAL OFFENCES ACT Analysis 1.
S.2 Amdt. 2.
S.10 R&S 3.
S.13 Rep. 4.
S.14 Amdt. 5.
S.15 Amdt. 6.
S.17 Amdt. 7.
S.18.1 Added 8. S.19 R&S 9. S.20 R&S 10.
Ss.21 & 22 Rep. 11.
S.23 R&S 12.
S.24 R&S 13.
S.26 Amdt. 14.
S.28 R&S 15.
S.29 Amdt. 16. S.30 Amdt. 17. S.31 Amdt. 18. Saving 19. NLR 78/99 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL1995 cP-31.1
as amended 1. (1) Subsection 2(1) of the Provincial Offences Act is amended by adding immediately after paragraph (a) the following: (a.1) "default conviction date" means the date on which a person who was served with a ticket may be convicted of the offence charged in the ticket if he or she does not exercise one of the options stated in subsection 18.1(1); (2) Paragraph 2(1)(c) of the Act is repealed and the following substituted: (c) "judge" means a Provincial Court
judge, and for the purpose of subsections 14(8) and 18.1(7), section 20,
subsections 23(1), 23(2), paragraph 26(1)(c), subsection 27(1), paragraph 28(a)
and subsections 30(1), 32(1) and 51(1) includes a justice of the peace under
the Justices Act; 2. Section 10 of the Act is repealed and the following substituted: Use of tickets 10. (1) In addition to the procedure set out in the Criminal Code for the commencement of proceedings by laying an information, proceedings in respect of an offence may be commenced by means of a ticket issued under this Act. (2) For the purpose of subsection (1) and subsection 6(1), a ticket shall be dealt with as if it were an information, except that (a) it need not be laid before a judge; (b) it need not be made under oath or affirmation; and (c) it shall not charge more than one offence or relate to more than one matter of complaint. (3) For the purpose of subsection 6(1), a ticket shall also be dealt with as if it were a summons. 3. Section 13 of the Act is repealed. 4. Subsection 14(6) of the Act is repealed and the following substituted: (6) Subject to sections 23, 24 and 25, a ticket or summons served in accordance with paragraph (1)(b), subsection (2) or subsection (4) shall be considered to have been served on the seventh day after the day on which the ticket or summons is mailed. 5. (1) Subsection 15(2) of the Act is repealed and the following substituted: (2) Where a ticket has been served in the manner and for an offence referred to in subsection (1) and the person to whom the ticket was served did not file (a) a not guilty plea; (b) a notice of intention to appear; or (c) a guilty plea and the prescribed fine before the default conviction date a judge may order that personal service be effected. (2) Paragraph 15(3)(a) of the Act is repealed and the following substituted: (a) authorize a person other than a peace officer to issue a ticket; and 6. Paragraph 17(1)(a) of the Act is repealed and the following substituted: (a) certify on the ticket that he or she delivered the ticket to the person to whom the ticket was issued or that he or she attached the ticket to the vehicle and the date of service; or 7. The Act is amended by adding immediately after section 18 the following: Ticket 18.1 (1) A person who is served with a ticket shall where he or she (a) does not wish to dispute the charge, sign the guilty plea on the ticket and deliver the ticket and the prescribed fine to the place stated on the ticket before the default conviction date; (b) wishes to appear to enter a plea in person, sign the notice of intention to appear on the ticket and deliver the ticket to the place stated on the ticket before the default conviction date; or (c) wishes to dispute the charge, sign the not guilty plea on the ticket and deliver the ticket to the place stated on the ticket before the default conviction date. (2) Where a person who is served with a ticket signs a guilty plea and delivers the ticket and the prescribed fine to the place stated on the ticket, he or she is considered to be convicted of the offence charged and sentenced to the prescribed fine and any other mandatory penalties, orders or forfeitures. (3) A signature on a ticket and purporting to be that of the person to whom the ticket is directed is, in the absence of evidence to the contrary, proof that it is the signature of that person. (4) Where a person who is served with a ticket does not deliver a guilty plea and the prescribed fine, a not guilty plea or a notice of intention to appear before the default conviction date he or she may be convicted of the offence specified in the ticket. (5) Where a ticket and the prescribed fine are delivered to the place stated in the ticket but the plea of guilty is not signed it shall be considered to be signed by the person to whom the ticket is directed. (6) Notwithstanding any other enactment, no
imprisonment shall be imposed under paragraph (1)(a). (7) Where a ticket and the prescribed fine are delivered to the place stated on the ticket after the time stated in it as being allowed for the delivery, a judge may direct that the ticket and the prescribed fine be accepted as if they had been delivered within the time allowed. (8) Subject to section 28, a peace officer or any
other person having responsibility for the enforcement of a provision of an
enactment, may issue a ticket in respect of an offence to which this section
applies requiring the person to whom the ticket is issued to appear in court to
answer to the charge, without the option of paying a fine. (9) A ticket issued under subsection (8) shall not contain (a) an option to pay the fine instead of appearing in court; or (b) notification that if the person fails to appear in court he or she may be convicted. (10) The person who serves a ticket shall not receive payment of money in respect of the payment of the fine. 8. Section 19 of the Act is repealed and the following substituted: Notice of trial and appearance 19. (1) Where a person files a not guilty plea under paragraph 18.1(1)(c), a notice of trial in the prescribed form shall be served upon the person as soon as it is practicable to do so. (2) Where a person files a notice of intention to appear under subsection 18.1(1)(b), a notice of appearance in the prescribed form shall be served upon the person as soon as it is practicable to do so. (3) Except where a person is served with a notice of trial or notice of appearance, a person to whom a ticket was issued is not required to appear in court to answer to the charge. (4) A notice of trial or notice of appearance may be served in any manner in which a ticket may be served under this Act and has the same effect as a summons. 9. Section 20 of the Act is repealed and the following substituted: Delivery to judge 20. (1) Where a ticket referred to in subsection 18.1(8) has been served under section 14 or 15, the ticket shall be delivered to a judge as soon as possible after the ticket has been served. (2) Where a ticket, other than a ticket referenced in subsection (1), has been served under section 14 or 15 and the fine is not delivered the ticket shall be delivered to a judge as soon as possible after the expiration of the default conviction date. 10. Sections 21 and 22 of the Act are repealed. 11. Section 23 of the Act is repealed and the following substituted: Conviction and fine 23. (1) A judge shall examine a ticket to ensure that it is complete and regular on its face. (2) Where the judge is not satisfied that the ticket is complete and regular on its face the judge shall quash the proceeding. (3) Where a ticket (a) is complete and regular on its face; (b) has been served in accordance with section 14 or 15; and (c) the person to whom the ticket is directed has not delivered a guilty plea and the prescribed fine, a not guilty plea or a notice of intention to appear before the default conviction date, a conviction shall be entered and the prescribed fine and any other mandatory penalties, orders or forfeitures imposed or a warrant issued for the arrest of the person. (4) Where a conviction is entered under subsection (3), the court shall, by mail, certify to the defendant the entry of the conviction and the defendant's right to apply for a hearing under section 24. (5) Except as provided in section 32.4, notwithstanding another enactment, imprisonment shall not be imposed under subsection (3). 12. Section 24 of the Act is repealed and the following substituted: New trial 24. (1) Where a person has been convicted under subsection 23(3) and it is made to appear to a judge, by affidavit, upon the unilateral application of the person made before the expiration of 60 days from the date he or she received notice of the conviction, that (a) he or she did not have the ticket in time to appear in answer to it; and (b) he or she presents the judge with evidence that, in the absence of evidence to the contrary, appears to the judge to be a good defence to the charge, the judge may order that the matter be re-opened. (2) Where a judge makes an order under subsection (1) the trial shall take place and the matter shall be determined as if the person had not been convicted. (3) The judge may require submissions under subsection (1) to be made orally under oath before him or her. 13. Subsection 26(1) of the Act is repealed and the following substituted: Ticket unsworn 26. (1) A ticket need not be sworn to (a) before the ticket is delivered under section 20; (b) where a voluntary payment is made under paragraph 18.1(1)(a); or (c) where the charge alleged in the ticket is dealt with by a judge under subsection 23(2) or (3). 14. Section 28 of the Act is repealed and the following substituted: Appearance not required 28. Notwithstanding another provision of this Act, a person who has been served with a ticket is not required to appear in court in person or by agent to answer to the charge at the time stated in the ticket if, before that time, (a) he or she enters a plea of guilty before a judge in the manner and within the time period prescribed for doing so; (b) he or she enters a plea of not guilty in the manner and within the time period prescribed for doing so; or (c) he or she obtains an adjournment of the proceedings in the manner and within the time period prescribed for doing so. 15. Subsection 29(1) of the Act is repealed and the following substituted: Failure to appear 29. (1) Where a person, who has been served with a notice of appearance does not appear in person or by agent to answer to the charge at the time specified, a judge may, upon proof of the service of the notice of appearance, enter a plea of not guilty on behalf of the person, set a time convenient to the prosecutor for a hearing of the charge, in the absence of the person served, and adjourn the proceedings to that time. 16. Subsection 30(2) of the Act is repealed and the following substituted: (2) Failure to complete information required on a ticket does not invalidate the ticket where (a) the person to whom the ticket is issued is identified with reasonable clarity; (b) the offence with which the person is charged is described adequately; (c) the date when the offence is alleged to have occurred is specified with reasonable accuracy; and (d) the place where the offence is alleged to have occurred is specified with reasonable precision. 17. Paragraph 31(n) of the Act is repealed. Saving 18. (1) Where, before the coming into force of this Act, there was a defect in the form of a ticket or the manner of service of a ticket issued under the Act and the person was convicted of that offence (a) that person is considered to have been properly convicted; (b) a sentence imposed as a result of that conviction is considered to have been properly imposed; and (c) a fine paid as a result of that ticket or conviction is considered to have been properly paid. (2) Where there is a defect in the form of a ticket or the manner of service of a ticket issued under the Act, after the coming into force of this Act and before July 1, 2013, the ticket is considered valid notwithstanding the defect and where the person is convicted of that offence (a) that person is considered to be properly convicted; (b) a sentence imposed as a result of that conviction is considered to be properly imposed; and (c) a fine paid as a result of that ticket or conviction is considered to be properly paid. (3) A cause of action shall not arise from a conviction or sentence imposed or a fine paid in relation to a ticket referred to in subsection (1) or (2). NLR 78/99 19. Section 2.1 of the Provincial Offences Regulations, 1999 is repealed. ©Queen's Printer |