Bill 53 — Third Session, 21St Legislature, 37 Elizabeth Ii the Legislative Assembly of Alberta Bill 53 Provincial Offences Procedure Act (Legislature 21, Session 3)

L21 S3 2971

Alberta — Bills

1988 BILL 53 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 PROVINCIAL OFFENCES PROCEDURE ACT MR. STEWART First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 53, Provincial Offences Procedure Act

Bill 53 Mr. Stewart BILL 53 1988 PROVINCIAL OFFENCES PROCEDURE ACT (Assented to , 1988) Table of Contents

Definitions 1

Part 1 General Application of Act 2 Application of Criminal Code 3 Limitation period 4 Failure to attend 5 Witness 6 General punishment 7 Compensation for property 8 Term of imprisonment 9 Time for payment 10 Orders relating to payment 11 Civil recovery 12 Application of money received 13 Report of conviction 14 No seal required on documents 15 Transcripts of evidence 16 Appeals 17 Further appeals 18 Judicial notice 19 Address for service 20 Parts 2, 3 offences 21 Service of summons 22

Part 2 Summons Violation Tickets Use of violation tickets 23 Violation ticket 24 Voluntary payments 25 Appearances 26 Failure to answer summons 27 Late payment 28

Part 3 Offence Notice Violation Tickets Use of violation ticket 29 Violation ticket 30 Evidence of service 31 Trial date 32 1

Failure to appear 33 Written dispute 34 Plea of guilty with representations 35 Payment, charge not disputed 36 Failure to respond to offence notice 37 Conviction set aside 38 Penalty 39 Failure to pay fine 40

Part 4 Regulations. By-laws. Orders Regulations 41 By-laws, orders 42

Part 5 Transitional. Consequential. Commencement Prior proceedings 43 References 44 Amends RSA 1980 cM-22 45 Consequentials 46-52 Amends RSA 1980 cS-26 53 Repeals 54 Coming into force 55 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “address for service” for the purposes of Parts 2 and 3 means an address determined in accordance with

section 20; (b) “clerk” means clerk of the Court or a person designated by a clerk of the Court to perform the duties of a clerk of the Court; (c) “Court” means The Provincial Court of Alberta; (d) “defendant” means (

i) a person to whom a summons is issued on the basis of an information or complaint alleging the commission by that person of an offence, or (ii) a person in respect of whom an offence notice is issued under

Part 3; (e) “enactment” means any Act, regulation, order or by-law en acted in relation to any matter over which the Legislature has legislative authority; (f) “initial appearance date” means, in the case of proceedings under

Part 2, the date referred to in

section 26(1) and, in the case of proceedings under

Part 3, the date indicated on the offence notice, on or before which a defendant is required to respond to the offence notice; (g) “justice” means a justice of the peace or a judge of the Court; 2

(h) "local authority” means (

i) the council of a city, town, village, county or municipal district, or (ii) the board of administrators of a new town; (i) “offence” means an offence under an enactment; (j) “operator’s licence” means a licence to operate motor vehi cles issued pursuant to the Motor Vehicle Administration Act; (k) “peace officer” means (

i) a member of the Royal Canadian Mounted Police, while he is in the exercise or discharge of his powers or duties, (ii) a member of a municipal police service, while he is in the exercise or discharge of his powers or duties, (iii) a special constable appointed under the Police Act, while he is in the exercise or discharge of his powers or duties, (iv) a person who is employed or retained by the Govern ment or by a municipality and whose duties include written authorization to issue violation tickets under Parts 2 and 3, while he is in the exercise or discharge of that duty and while he is serving a summons, offence notice or subpoena, (

v) a park warden as defined in the National Parks Act (Can ada) and a park officer designated under the National Parks Act (Canada), while they are in the exercise or discharge of their powers or duties in a national park established under that Act, (vi) a person appointed under the National Defence Act (Can ada) regulations for the purposes of

section 134 of the Na tional Defence Act (Canada), while he is in the exercise or discharge of his powers or duties in a defence establishment as defined in that Act, and (vii) any other person employed by a municipality, the Gov ernment of Alberta or the Government of Canada for the preservation and maintenance of the public peace, while the person is in the exercise or discharge of his powers and duties; (l) “prosecutor” means (

i) a barrister and solicitor or student-at-law who is employed by the Government and whose position is under the admin istration of the Attorney General, or (ii) any other person who is authorized by the Attorney Gen eral to conduct prosecutions under this Act; (m) “specified penalty” means an amount determined pursuant to the regulations or pursuant to by-laws or ministerial orders under

section 42 that can be paid by a defendant who is issued a violation ticket and is authorized to make a payment without a Court appearance; (n) “violation ticket” means a violation ticket under

Part 2 or

Part 3; 3

(o) “voluntary payment” means payment pursuant to

section 25 or 36.

PART 1 GENERAL Application of Act 2 Subject to any express provision in another Act, this Act applies to every case in which a person commits or is suspected of having committed an offence under an enactment for which that person may be liable to imprisonment, fine, penalty or other punishment. Application of Criminal Code 3 Except to the extent that they are inconsistent with this Act and subject to the regulations, all provisions of the Criminal Code (Can ada) that are applicable in any manner to

summary convictions and related proceedings apply in respect of every matter to which this Act applies. Limitation period4(1) Subject to any express provision in another Act, no proceedings to which this Act applies may be instituted more than 6 months after the time when the alleged offence occurred.

(2) In the case of an offence that is of a continuing nature, a contra vention constitutes a separate offence in respect of each day or part of a day on which it continues and no proceedings may be instituted more than 6 months after the last occurrence of the alleged offence. Failure to attend5(1) A person who, being at large on his own undertaking or recog nizance given to or entered into before a justice, fails without lawful excuse, the proof of which lies on him, to attend Court in accordance with that undertaking or recognizance or to surrender himself in accordance with an order of the justice, as the case may be, is guilty of an offence.

(2) A person who, being at large on his own undertaking or recog nizance given to or entered into before a justice and being bound to comply with a condition of that undertaking or recognizance directed by a justice, fails without lawful excuse, the proof of which lies on him, to comply with that condition, is guilty of an offence.

(3) A person who is served with a summons and who fails without lawful excuse, the proof of which lies on him, to attend Court in accordance with that summons is guilty of an offence.

(4) A person who is named in (

a) an appearance notice, (

b) a promise to appear, or (

c) a recognizance entered into before an officer in charge, that has been confirmed by a justice and who fails without lawful excuse, the proof of which lies on him, to attend Court in accordance with the appearance notice, promise to appear or recognizance, is guilty of an offence.

(5) For the purpose of subsection (4), it is not a lawful excuse that an appearance notice, promise to appear or recognizance does not correctly state the substance of the alleged offence. 4

(6) If at the trial of a person for an offence that person does not appear at the time and place appointed for the trial or the resumption of the trial and the justice proceeds to conduct the trial ex parte, no proceedings shall be instituted under this

section arising out of the failure of the person to appear.

(7) In proceedings under subsection (1), (3) or (4), a certificate pur porting to be signed by the clerk or a justice before whom the person is alleged to have failed to attend, stating that (

a) in the case of proceedings under subsection (1), the person gave or entered into an undertaking or recognizance before a justice and failed to attend Court in accordance with the under taking or recognizance, (

b) in the case of proceedings under subsection (3), a summons was issued to and served on the person and the person failed to attend Court in accordance with the summons, and (

c) in the case of proceedings under subsection (4), the person was named in an appearance notice, a promise to appear or a recognizance entered into before an officer in charge, that was confirmed by a justice, and the accused failed to attend Court in accordance with the appearance notice, promise to appear or re cognizance, is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

(8) A person against whom a certificate described in subsection (7) is produced may, with leave of the Court, require the attendance of the person producing the certificate for the purposes of cross-exami nation.

(9) A certificate shall not be received in evidence pursuant to sub section (7) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention, together with a copy of the certificate. Witness6(1) If a person is required to attend to give evidence before the Court, the Court shall issue a subpoena directed to that person, which shall be signed by a clerk or a justice.

(2) On proof to the satisfaction of the Court (

a) of the service of a subpoena on a witness who fails to attend or to remain in attendance in accordance with the requirements of the subpoena, and (

b) that the presence of the witness is material to the proceedings, the Court may, by its warrant directed to any peace officer, cause the witness to be apprehended anywhere within Alberta, to be brought before a justice forthwith and to be detained in custody as the justice may order until his presence as a witness is no longer required or, in the discretion of the justice, to be released on a recognizance with or without sureties. General Punishment 7(1) Subject to any express provision in another enactment, every person who is convicted of an offence is liable to a fine of not more 5

than $2000 or to imprisonment for not more than 6 months or to both.

(2) Subject to any express provision in another enactment, if the imposition of a fine or the making of an order for the payment of money is authorized by an enactment but the enactment does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the Court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a period of not more than 6 months.

(3) This

section does not apply if proceedings are commenced under

Part 3. Compensation for property 8(1) A justice that convicts a defendant of an offence may, on the application of a person aggrieved, at the time sentence is imposed, order the defendant to pay to the applicant an amount of not more than $2000 as compensation for loss of or damage to property suf fered by the applicant as a result of the commission of the offence.

(2) If an amount that is ordered to be paid under subsection (1) is not paid within the time ordered by the justice the applicant may, by filing the order, enter as a judgment in the Court of Queen’s Bench the amount ordered to be paid, and that judgment is enforceable against the defendant in the same manner as if it were a judgment rendered against the defendant in the Court of Queen’s Bench in civil proceedings. Term of imprisonment 9(1) When a defendant is sentenced to a term of imprisonment, the term, unless otherwise directed in the sentence, begins on and from the day on which the defendant is taken into custody under the sentence of imprisonment.

(2) Any time during which the defendant is lawfully at large on ju dicial interim release does not count as part of a term of imprison ment to which he is sentenced. Time for payment 10(1) When time has been allowed for payment and a justice has ordered imprisonment in default of payment of the fine, a justice shall not issue a warrant of committal until the expiration of the time allowed for payment.

(2) Notwithstanding subsection (1), if, before the expiration of the time allowed for payment, the defendant who has been allowed time for payment appears before a justice and signifies in writing that he prefers to be committed immediately rather than await the expiration of the time allowed, the justice may immediately issue a warrant of committal.

(3) When time has been allowed for payment any justice may, on application by or on behalf of the person allowed time for payment, allow further time for payment. Orders relating to payment 11 When a justice, in a conviction or order, imposes a fine or pen alty, the conviction or order is not void nor is the right to collect a fine or to enforce a penalty under the conviction or order impaired because 6

(

a) time has been allowed for the payment of all or any part of the fine or penalty. (

b) payment of part of the fine or penalty has been received, (

c) the justice has accepted security for the payment of all or any part of the fine or penalty, or (

d) the conviction is under appeal, unless a judge of the Court of Queen's Bench stays the right to collect the fine or to enforce the penalty.

Civil recovery12(1) When a fine is imposed on a defendant but imprisonment of the defendant in default of payment of the fine is not ordered and the fine is not paid forthwith or within the time allowed by the justice, the Attorney General or a person authorized by the Attorney General may, by filing the conviction, enter as a judgment in the Court of Queen’s Bench the amount of the fine plus the late payment charge prescribed in the regulations, if any, and the judgment is en forceable against the convicted defendant in the same manner as if it were a judgment rendered against the defendant in that Court in a civil proceeding.

(2) If an enactment provides that any fine or penalty imposed (

a) on a conviction for an offence occurring in a city, town or village enures to the benefit of the city, town or village, (

b) on a conviction for an offence occurring in a county or mu nicipal district, elsewhere than on a primary highway, enures to the benefit of the county or municipal district, or (

c) on a conviction for an offence occurring in a reserve elsewhere than on a primary highway or on a road designated as a second ary road under the Public Highways Development Act, enures to the benefit of the band and the conviction has not been entered as a judgment under sub section (1), an agent of the city, town, village, county, municipal district or band, as the case may be, may enter the amount of a fine payable by the convicted defendant for that offence as a judgment under subsection (1).

(3) For the purposes of this

section “reserve” and “band” have the meanings assigned to them in the Indian Act (Canada). Application of money received 13(1) Subject to any express provision in another enactment, the disposition of a penalty, fine or sum of money or the proceeds of a forfeiture under the enactment belong to the Crown in right of Alberta.

(2) Notwithstanding any other enactment, the proceeds of a late pay ment charge under this Act belong to the Crown in right of Alberta. Report of conviction 14(1) If a defendant is convicted of an offence, a justice or clerk shall, on request, complete a report respecting the conviction.

(2) A copy of a report under subsection (1) purporting to be certified by a clerk or by the justice who convicted the defendant, or proved to be a true copy, shall, without proof of the identity of the person to whom the report relates, be admitted in evidence in any legal 7

proceedings as prima facie proof of the conviction of that person for the offence mentioned in the report. No seal required on documents 15 In any proceeding under an enactment. (

a) it is not necessary for the justice to affix a seal of a justice of the peace to a document, and (

b) no document is invalid by reason only of the lack of a seal even if the document purports to be sealed. Transcripts of evidence 16(1) Except as provided in subsection (2) there shall be no tran script of evidence.

(2) If evidence is recorded in a proceeding, the clerk shall, on pay ment of the applicable fee, provide either a copy of a mechanical recording of the evidence or a transcript of the evidence if it is (

a) requested by one of the parties, (

b) required for an appeal from a conviction or order, (

c) required by the Attorney General, or (

d) ordered by a justice. Appeals17(1) The Attorney General, a prosecutor, a defendant, or a person affected by a judgment, order or sentence to which this Act applies may appeal a judgment, order or sentence of a justice to the Court of Queen’s Bench in the judicial district in which the trial was held.

(2) Following the decision of the Court of Queen’s Bench, any justice has authority to enforce the judgment or order on the appeal. Further appeals18(1) When it appears to a judge of the Court of Appeal, on the application of the Attorney General, a prosecutor, a defendant or a person affected by a conviction or order to which this Act applies, that a judgment or order of the Court of Queen’s Bench made on appeal involves a question of law of sufficient importance to justify a further appeal, the judge of the Court of Appeal may certify that and an appeal then lies to the Court of Appeal from the judgment or order of the Court of Queen’s Bench.

(2) The procedure on the appeal shall be the same as that provided by sections 601 to 613 of the Criminal Code (Canada) and the rules relating to appeal procedures insofar as they are applicable to appeals involving a question of law.

(3) Following the decision of the Court of Appeal, any justice has authority to enforce the judgment or order on the appeal. Judicial notice19 The following shall be judicially noted: (

a) any rule, order or by-law made pursuant to

an Act; (

b) the publication or promulgation of a rule, order or by-law as required to be published or promulgated by

an Act. Address for service 20(1) Under

Part 2 and

Part 3 the address for service of a defendant is the address indicated on the defendant’s operator’s licence unless the defendant, on being served with a summons under

Part 2 or with an offence notice under

Part 3, states another address. 8

(2) If a defendant is not in possession of an operator’s licence when he is served as described in subsection (1) or his address for service is not the address indicated on his operator’s licence he shall provide an address for service to the person serving him. Pans 2. 3 offences21(1) Instead of the procedure in the Criminal Code (Canada) for laying an information and for issuing a summons, the procedure set out in

Part 2 or

Part 3, as the case may be, may be followed with respect to offences provided for in the regulations.

(2) If the regulations provide that proceedings with respect to an offence may be commenced under either

Part 2 or

Part 3, the pro ceedings shall be commenced under

Part 3 unless it is in the public interest to compel the defendant to appear before a justice in pro ceedings under

Part 2.

(3) If the proceedings with respect to an offence referred to in sub section (2) are commenced under

Part 2, the peace officer shall issue a summons in accordance with

section 26(3).

(4) The use on a violation ticket of a word, figure or expression or any combination of them authorized by a regulation to designate an offence under an enactment is sufficient for all purposes to describe the offence so designated.

(5) Failure to complete any information required in a violation ticket does not invalidate the violation ticket or any part of it if (

a) the defendant is identified with reasonable clarity, (

b) the offence with which the defendant is charged is specified in accordance with this Act and the regulations. (

c) the date on which the offence is alleged to have occurred is specified, and (

d) the place at or near which the offence is alleged to have oc curred is specified. Service of summons 22(1) Service of a summons and of an offence notice may be made on a holiday.

(2) An affidavit signed by the person effecting service attesting to the fact that service was effected on the defendant shall be received in evidence in all legal proceedings as proof of that service without the necessity of proof of the signature of the person making the affidavit.

PART 2 SUMMONS VIOLATION TICKETS Use of violation tickets 23(1) Proceedings under this Part may be commenced by issuing a summons by means of a violation ticket described in

section 24.

(2) If proceedings are commenced under this Part,

Part 3 does not apply to those proceedings. Violation ticket24(1) A violation ticket under this Part shall be in a form prescribed by the regulations and shall include the following parts: (

a) a complaint, and (

b) a summons. 9

(2) The complaint part of the violation ticket shall be (

a) sworn before a commissioner for oaths by a complainant who believes on reasonable and probable grounds that an offence has been committed, and (

b) filed with a clerk prior to the initial appearance date indicated on the violation ticket.

(3) A summons shall (

a) be served on a defendant either personally in accordance with the Alberta Rules of Court or in accordance with a method or dered by a justice, and (

b) indicate how the defendant may respond to the summons. Voluntary payments 25(1) When authorized by the regulations or a by-law or ministerial order under

section 42 and by a summons served on a defendant, the defendant who wishes to plead guilty may make a voluntary payment in respect of a summons by delivering the summons to gether with (

a) an amount equal to the specified penalty for the offence as provided for in the regulations, or (

b) if the defendant is charged with an offence under a by-law or ministerial order, an amount equal to the specified penalty for the offence as provided in the relevant by-law or ministerial order, to a Court office at a location prescribed under

section 21(3)(

a) of the Provincial Court Act on or before the initial appearance date.

(2) When a clerk records in the Court records the receipt of a vol untary payment under subsection (1) in cash or by cheque, that act of recording constitutes acceptance of the guilty plea and also consti tutes the conviction and the imposition of a fine in the amount of the specified penalty.

(3) If a voluntary payment is made by cheque and the cheque is dishonoured on the grounds that no funds or insufficient funds were on deposit to the credit of the defendant in the institution on which the cheque was drawn (

a) the conviction continues but the fine remains outstanding whether or not the plea is signed in the manner provided for on the summons, and (

b) the clerk shall give notice to the defendant by ordinary mail at his address for service that the cheque has been dishonoured, the conviction continues and the fine remains outstanding, but a warrant of committal in respect of the defendant shall not issue until 15 days after the notice has been sent by ordinary mail. Appearances26(1) Subject to subsection (2), a defendant shall appear, either per sonally or by an agent, before a justice on the date and at the place and time stated on the summons to answer that summons. 10

(2) A defendant is not required to appear before a justice on the initial appearance date to answer a summons if (

a) he enters a plea of guilty before a justice prior to the initial appearance date in the manner and during the time period stated in the summons for doing so, (

b) he enters a plea of not guilty prior to the initial appearance date in the manner and during the time period stated in the summons for doing so, (

c) he obtains an adjournment of the proceedings prior to the initial appearance date, or (

d) if authorized by the regulations or a by-law or ministerial order under

section 42 and the summons states that the defend ant can make a voluntary payment, he makes a voluntary pay ment.

(3) If it is in the public interest to compel the defendant to appear before a justice in proceedings under this Part, a peace officer may. if authorized by the regulations, issue a summons respecting any offence referred to in subsection (2)(

d) requiring the defendant to appear before a justice on the initial appearance date without the alternative of making a voluntary payment.

(4) A prosecutor, if he thinks it appropriate, may permit a defendant referred to in subsection (3) to make a voluntary payment. Failure to answer summons 27(1) If a defendant fails to enter a plea or make a voluntary pay ment in the manner provided for on the summons on or before the initial appearance date, the justice may (

a) enter a plea of not guilty on behalf of the defendant and set a time for a trial, (

b) issue a warrant for the arrest of the person, or (

c) direct that a new summons be issued requiring the attendance of the person before a justice and set a time at which the attend ance is required.

(2) When a time is set for a trial pursuant to subsection (1)(a), the justice shall direct that the defendant be notified by ordinary mail at his address for service of the time fixed for the trial.

(3) If a defendant fails to appear in Court in person or by an agent at the time fixed for the trial, a justice, on proof of service of the summons, (

a) shall proceed to conduct the trial ex parte, or (

b) on application by a prosecutor, shall adjourn the proceedings, set a new trial date, and direct that the defendant be notified of the new trial date by ordinary mail at his address for service.

(4) If the proceedings are adjourned under subsection (3) and the defendant fails to appear at the new trial date a justice shall proceed to conduct the trial ex parte and if the defendant is convicted the clerk shall give the defendant notice by ordinary mail at the defend ant’s address for service of the conviction and of the time allowed for payment of the fine. 11

Late payment28(1) If a voluntary payment is tendered after the initial appearance date, a justice may, without a hearing and notwithstanding any action taken under

section 27, direct that the voluntary payment be ac cepted as if it had been made in the time allowed.

(2) Acceptance of a voluntary payment with respect to a summons under this

section constitutes cancellation of a warrant issued under

section 27(1)(

b) in respect of the defendant for failure to respond to that summons.

PART 3 OFFENCE NOTICE VIOLATION TICKETS Use of violation ticket 29(1) Proceedings under this Part may be commenced by issuing an offence notice by means of a violation ticket described in

section 30.

(2) If proceedings are commenced under this Part,

Part 2 does not apply to those proceedings. Violation ticket30(1) A violation ticket under this Part shall be in a form prescribed by the regulations and shall include the following parts: (

a) a certificate of offence, and (

b) an offence notice.

(2) A certificate of offence (

a) shall be completed and signed by a peace officer who believes on reasonable and probable grounds that an offence has been committed, (

b) shall be filed with a clerk prior to the initial appearance date indicated on the violation ticket, and (

c) does not need to be sworn.

(3) An offence notice shall (

a) be served personally on the defendant in accordance with the Alberta Rules of Court, (

b) indicate the specified penalty for the offence, and (

c) indicate (

i) how and when the defendant may respond to the offence notice, and (ii) that the defendant may be convicted in his absence with out a hearing if he fails to respond to the violation ticket by the initial appearance date indicated on the offence notice. Evidence of service 31(1) If an offence notice is served by the peace officer who issued it, he shall complete and sign a certificate of service on the violation ticket that he personally served the offence notice on the person charged and he shall indicate the date of service.

(2) A certificate of service does not need to be sworn.

(3) If an offence notice is served by a person other than the peace officer who issued it, that person shall complete an affidavit of ser vice. 12

(4) A certificate of service or an affidavit of service shall be received in evidence and in the absence of evidence to the contrary is proof of personal service. Trial date 32(1) If an offence notice is served on a defendant, the defendant may plead not guilty by signing the not guilty plea on the offence notice and delivering it to the Court office indicated on the offence notice for that purpose.

(2) On receipt of an offence notice under subsection (1) the clerk shall, as soon as is practicable, give notice to the defendant of the time and place of the trial by ordinary mail at his address for service. Failure to appear33(1) If a defendant pleads not guilty but fails to appear in Court in person or by an agent on his trial date the justice shall, if the certifi cate of offence is complete and regular on its face, (

a) proceed to conduct the trial ex parte, or (

b) on application by a prosecutor, adjourn the proceedings, set a new trial date, and direct that the defendant be notified of the new trial date by ordinary mail at his address for service.

(2) If a defendant fails to appear in Court for his trial set pursuant to subsection (1)(

b) the justice shall proceed to conduct the trial ex parte.

(3) If a defendant is convicted under this

section the defendant shall be notified, by ordinary mail at his address for service, of the con viction, the amount of the fine imposed and the time allowed for payment. Written dispute34(1) If an offence notice is served on a defendant and the defendant wishes to dispute the charge but does not wish to attend or be rep resented at a trial, the defendant may do so by signifying his inten tion on the offence notice and delivering the offence notice to the Court office indicated on the notice together with a written statement that sets out his reasons and the circumstances on which he relies.

(2) On receipt of an offence notice under subsection (1) a justice shall, in the absence of the defendant, consider the defendant’s state ment, and (

a) if the dispute raises an issue that may constitute a defence, set a date for a trial, or (

b) if the dispute does not raise an issue that may constitute a defence, convict the defendant and impose a fine in the amount of the specified penalty.

(3) If the justice directs a trial under subsection (2) the Court shall proceed to conduct the trial ex parte and shall consider the evidence in the light of the issues raised in the dispute.

(4) If a defendant is convicted under this

section the defendant shall be notified, by ordinary mail at his address for service, of the con viction, the amount of the fine imposed and the time allowed for payment. 13

Plea of guilty with representations 35(1) If an offence notice is served on a defendant and the defendant does not wish to dispute the charge but wishes to make submissions as to the penalty, including the extension of time for payment, the defendant may attend at the time and the place specified in the notice for that purpose and may appear before a justice for the purpose of pleading guilty to the offence and making submissions as to penalty,

(2) The justice may require submissions under subsection (1) to be made under oath, either orally or by affidavit.

(3) On accepting a guilty plea under subsection (1) the justice shall enter a conviction and impose a fine equal to the specified penalty or a lesser fine permitted by law. Payment. charge not disputed 36(1) If an offence notice is served on a defendant and the defendant wishes to plead guilty to the charge, he may deliver the offence notice and payment in the amount of the specified penalty to a Court office at a location prescribed under

section 23(1)(

a) of the Provincial Court Act.

(2) When a clerk records in the Court records receipt of payment of a specified penalty under subsection (1), that act of recording consti tutes acceptance of the guilty plea and also constitutes the conviction and the imposition of a fine in the amount of the specified penalty. Failure to respond to offence notice 37(1) If an offence notice has not been delivered in accordance with

section 32, 34 or 36 and a plea of guilty has not been accepted under

section 35, the defendant is deemed not to wish to dispute the charge and a justice shall examine the certificate of offence and the certificate of service or the affidavit of service referred to in

section 31, and (

a) if they are complete and regular on their face, the justice shall enter a conviction in the defendant’s absence and without a hear ing and impose the specified penalty, or (

b) if they are not complete and regular on their face, the justice shall quash the proceedings.

(2) The clerk shall cause notice of the conviction and the imposition of the specified penalty to be given to the defendant by ordinary mail at his address for service.

(3) If proceedings are quashed under subsection (1)(b), proceedings may be recommenced under this

Part if not more than 6 months has elapsed since the alleged offence occurred. Conviction set aside 38 If through no fault of his own a defendant has not had an op portunity to dispute the charge or to appear in person or by agent at a trial because a necessary notice or document failed to be delivered, and if not more than 15 days has elapsed since the conviction first came to the attention of the defendant, the defendant or his agent may appear before a justice to provide evidence of those facts and the justice, on being satisfied by affidavit of those facts, shall set aside the conviction and give the person appearing a notice of trial in accordance with

section 32 or proceed in accordance with

section 35. Penalty39 Notwithstanding any other enactment but subject to

section 40, if proceedings have been commenced under this Part with respect to 14

an offence the fine imposed with respect to that offence shall not be more than $400 and the defendant is not liable to imprisonment. Failure to pay line 40 A defendant who is convicted of an offence pursuant to proceed ings commenced under this Part and fails to pay a fine imposed by a justice within the time allowed for payment, or, if no time is al lowed, forthwith, shall be liable to pay an amount equal to the fine imposed plus the late payment charge provided for by regulation.

PART 4 REGULATIONS, BY-LAWS, ORDERS Regulations41 The Lieutenant Governor in Council may make regulations (

a) respecting the fees payable with respect to any matter under this Act; (

b) prescribing forms to be used under this Act or the regulations; (

c) prescribing offences for which proceedings may be com menced under (

i) Part 2, (ii)

Part 3, or (iii) either

Part 2 or

Part 3; (

d) prescribing offences in respect of which a voluntary payment may be made; (

e) respecting the contents of a violation ticket; (

f) respecting the procedure for the issuance of a summons and certificate of offence; (

g) respecting how an offence may be indicated on a violation ticket; (

h) authorizing the use on a violation ticket of any word, figure or expression, or any combination of them, to designate an of fence; (

i) respecting the manner in which an initial appearance date is determined; (

j) respecting the determination of the public interest under sec tions 21(2) and 26(3); (

k) respecting the time allowed for payment of a fine; (

l) respecting the amounts of specified penalties; (

m) respecting the amounts of late payment charges; (

n) respecting service of a summons, certificate, subpoena or other document under this Act; (

o) prescribing provisions of the Criminal Code (Canada) that are not applicable to proceedings under this Act or any Part of this Act; (

p) respecting the giving, sending and serving of notices under this Act. 15

By-laws, orders42 A local authority may make by-laws and, in the case of an im provement district or a special area, the Minister of Municipal Af fairs may make orders, (

a) respecting the offences under a by-law or ministerial order, as the case may be, in respect of which a voluntary payment may be made; (

b) prescribing the amounts of the specified penalties payable in respect of offences referred to in clause (a).

PART 5 TRANSITIONAL, CONSEQUENTIAL, COMMENCEMENT AND REPEAL Prior proceedings43 Any proceeding commenced under the

Summary Convictions Act, RSA 1980 cS-26, prior to the commencement of this Act shall be continued under that Act to its conclusion and treated for all purposes as if this Act were not in force. References44 Where in any enactment or document a reference is made to the

Summary Convictions Act, the reference shall be read as a reference to this Act. Amends RSA 1980 cM-22 45(1) The Motor Vehicle Administration Act is amended by this sec tion.

(2) Section 57 is amended (

a) in subsection (1) by striking out “The Minister” and substi tuting “Subject to subsection (1.1), the Minister”; (

b) by adding the following after subsection (1):

(1.1) The Minister shall not suspend or cancel an operator’s licence under subsection (1) without giving that person at least 15 days’ written notice and giving him an opportunity to be heard. (

c) by repealing subsection (4) and substituting the following:

(4) If a person who holds an operator’s licence (

a) is convicted within or outside Alberta of a motor ve hicle related offence other than a parking violation, and (

b) fails to satisfy fines imposed on a conviction de scribed in clause (

a) that (

i) amount to more than $500, or (ii) are imposed with respect to 5 or more convic tions, the Minister may, on 15 days’ written notice and after giving the person an opportunity to be heard, suspend that person’s operator’s licence and any certificate of registration or permit issued to that person under this Act until the person satisfies the fines referred to in clause (b). 16

(3) The following is added after

section 57: 57. 1(1) If a person has not paid a fine imposed against him pur suant to a conviction under (

a) this Act or the regulations, (

b) the Highway Traffic Act or regulations under that Act, (

c) a by-law pursuant to the Highway Traffic Act, or (

d) any Act, regulation or by-law prescribed by regulation the Registrar may, (

e) in respect of that person, refuse to perform any function or service or to issue, renew or otherwise deal with any doc ument, operator's licence, certificate of registration, in transit permit or licence plate until the fine is paid, and (

f) if authorized by regulation, refuse to register the vehicle in the name of the new owner if the ownership of a registered vehicle passes from the person who has not paid the fine directly or through intermediary owners to a person described by regulation.

(2) The Lieutenant Governor in Council may make regulations (

a) authorizing the Registrar to refuse to register a vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or indirectly from a person who has not paid a fine, as described in subsection (1), to a person or a person within a class of persons: (

b) governing persons or classes of persons referred to in clause (a); (

c) prescribing Acts, regulations or by-laws for the purposes of subsection (1)(d).

(4) Section 106 is amended (

a) in subsection (1) by striking out “When” and substituting “Subject to subsection (2.1), when”; (

b) in subsection (2) by striking out “When” and substituting “Subject to subsection (2.1), when”; (

c) by adding the following after subsection (2): (2.1) Subsections (1) and (2) do not apply to an offence if the conviction resulted from proceedings that were commenced under

Part 3 of the Provincial Offences Procedure Act. Amends SA 1986 cE-10.05 46(1) The Employment Pension Plans Act is amended by this section.

(2) Section 65(3) is amended by striking out “under

section 13 of the

Summary Convictions Act” and substituting issued pursuant to the provisions of the Criminal Code (Canada) that apply to the Provin cial Offences Procedure Act”. Amends RSA 1980 cH-7 47(1) The Highway Traffic Act is amended by this section.

(2) Section 169(6.1) is repealed. 17

Amends SA 1985 cL-22.5 48(1) The Livestock Identification and Brand Inspection Act is amended by this section.

(2) Section 29(3) is amended by striking out “under the

Summary Convictions Act" and substituting “pursuant to the provisions of the Criminal Code (Canada) that apply to the Provincial Offences Pro cedure Act". Amends RSA 1980 cM-26 49(1) The Municipal Government Act is amended by this section.

(2) Section 110(2.1) is amended by striking out “section 6 of the

Summary Convictions Act" and substituting “section 42 of the Prov incial Offences Procedure Act". Amends SA 1986 cW-9.1 50(1) The Wildlife Act is amended by this section.

(2) Section 64(2) is amended by striking out “section 4 of the Sum mary Convictions Act" and substituting “the Provincial Offences Pro cedure Act". Amends SA 1986 cY-1 51(1) The Young Offenders Act is amended by this section.

(2) Section 2(2) is amended by striking out “specified sum pursuant to

section 6 of the

Summary Convictions Act" and substituting “vol untary payment pursuant to the Provincial Offences Procedure Act".

(3) Section 8 is amended (

a) in subsection (2.1) by striking out “section 6 of the

Summary Convictions Act" and substituting “Part 2 of the Provincial Of fences Procedure Act"; (

b) in subsection (11) by striking out “is issued a summons re ferred to in

section 6 of the

Summary Convictions Act and that person pays out of court the specified sum within the specified time” and substituting “makes a voluntary payment in accord ance with the Provincial Offences Procedure Act".

(4) Section 12(4)(

b) is amended by striking out “prescribed under

section 6 of the

Summary Convictions Act” and substituting “for which a voluntary payment may be made under the Provincial Of fences Procedure Act". Consequential52 The following provisions are amended by striking out "Summary Convictions Act” wherever it occurs and substituting "Provincial Of fences Procedure Act”: Act

Section Fire Prevention Act 26(2) Hail and Crop Insurance Act 18(8)

Interpretation Act 25(1)(

j) Mechanical Recording of Evidence Act 2(1) Public Service Employee Relations Act 21(1)(g)(

v) Wildlife Act 74(4)(

a) Young Offenders Act 1(2), 2(1), 33 18

Amends RSA 1980 Cs-26 53 The

Summary Convictions Act,

chapter S-26 of the Revised Stat utes of Alberta 1980, is amended (

a) by repealing

section 4 and substituting the following: 4(1) Except to the extent that they are inconsistent with this Act and subject to the regulations, all provisions of the Crim inal Code (Canada) that are applicable in any manner to sum mary convictions and related proceedings apply in respect of every matter to which this Act applies.

(2) The Lieutenant Governor in Council may make regula tions prescribing provisions of the Criminal Code (Canada) that are not applicable to proceedings under this Act or any Part of this Act. (

b) in

section 5(11) by striking out “Act does” and substituting “Act or the regulations do”; (

c) in

section 15(2) by striking out “by sections 601 to 613 of” and substituting “in the provisions that relate to

summary con victions in”; (

d) by repealing

section 19(6): (

e) by repealing

section 20(1)(a). Repeals RSA 1980 cS-26 & cS-26.1 54 The

Summary Convictions Act,

chapter S-26 of the Revised Stat utes of Alberta 1980, and the

Summary Convictions Act,

chapter S-26.1 of the Revised Statutes of Alberta 1980, are repealed on Pro clamation. Coming into force 55 This Act comes into force on Proclamation. 19 Title: 1988 (21st, 3rd) Bill 53, Provincial Offences Procedure Act

Document details

Collection	Alberta — Bills
Citation	L21 S3 2971
Type	bill
Volume / chapter	L21 S3 2971
Language	en
Format	json
Source	PROVINCIAL
Identifier	3cd56b847627d0858c8d7afc04b4206a488dda85

Source file is stored in the law ingest library (json).