The Summary Offences Procedure Amendment Act, 2016 (28th Legislature, 1st Session)

Bill 8 (28L1S)

Saskatchewan — Bills

B I L L No. 8

An Act to amend The

Summary Offences Procedure Act, 1990 (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The

Summary Offences Procedure Amendment Act, 2016. S.S. 1990-91, c.S-63.1 amended 2 The

Summary Offences Procedure Act, 1990 is amended in the manner set forth in this Act.

Section 4 amended 3 Subsection 4(4) is amended in the portion preceding clause (

a) by adding “, 508.1” after “484”.

Section 21 amended 4 Subsection 21(1) is amended in the portion preceding clause (

a) by striking out “including the extension of time for payment,”. New

section 26 5

Section 26 is repealed and the following substituted: “Due dates for ﬁ nes and extensions 26(1) In this section, ‘director’ means the director appointed pursuant to subsection (2) and includes any deputy director.

(2) The minister may appoint a person as director and may appoint one or more other persons as deputy directors for the purposes of this section.

(3) Subject to subsection (7), a ﬁ ne is due and payable 15 days after its imposition.

(4) Until the time a ﬁ ne is in default pursuant to

section 27, an offender may ﬁ le with the director an application in the form prescribed in the regulations requesting an extension or further extension of time for payment of the ﬁ ne.

(5) An application ﬁ led pursuant to subsection (4) must include the information prescribed in the regulations and any other information requested by the director.

SUMMARY OFFENCES PROCEDURE AMENDMENT ACT, 2016 2

(6) No offender is to be compelled to answer any inquiries pursuant to subsection (5).

(7) On receipt of an application pursuant to subsection (4), the director may: (

a) if the director is satis ﬁ ed that the application is in accordance with this Act and the regulations and that it is in the public interest to do so, extend the time for payment of the ﬁ ne by ordering periodic payments or otherwise; or (

b) refuse to approve the application.

(8) The director may impose any terms and conditions that the director considers appropriate on an extension granted pursuant to subsection (7)”.

Section 32.62 amended 6(1) Subsection 32.62(1) is amended by striking out “including the extension of time for payment,”.

(2) Subsection 32.62(3) is repealed and the following substituted: “

(3) After hearing any submission respecting the penalty, the justice shall impose a ﬁ ne equal to the speciﬁ ed penalty sum or a lesser ﬁ ne permitted by law”.

Section 32.8 amended 7(1) Subsection 32.8(1) is amended by striking out “ Unless a justice orders otherwise,” and substituting “Subject to subsection 26(7),”.

(2) Subsection 32.8(2) is amended by striking out “ by the justice”.

Section 32.83 amended 8 Subsection 32.83(1) is amended by striking out “ subsections (2) to (8) ” and substituting “subsections (2) to (6)”.

Section 52 amended 9 Subsection 52(2) is amended in the portion following clause (

b) by striking out “section 139” and substituting “section 149”.

Section 53 amended 10

Section 53 is amended in the portion following clause (

b) by striking out “section 139” and substituting “section 149”.

SUMMARY OFFENCES PROCEDURE AMENDMENT ACT, 2016 3

Section 55 amended 11

Section 55 is amended: (

a) in clause (

i) by adding “ , including prescribing different speciﬁ ed penalty sums with respect to prescribed circumstances” after “clause (h)”; and (

b) by adding the following clause after clause (n): “(n.1) for the purposes of

section 26, prescribing information to be included in applications requesting an extension or further extension of time for payment of a ﬁ ne”. Coming into force 12 This Act comes into force on proclamation.

Printed under the authority of The Speaker of the Legislative Assembly of Saskatchewan 2016 B I L L No. 8

An Act to amend The

Summary Offences Procedure Act, 1990 FIRST SESSION Twenty-eighth Legislature SASKATCHEWAN Received and read the First time Second time Third time And passed Honourable Gordon Wyant

Document details

Collection	Saskatchewan — Bills
Citation	Bill 8 (28L1S)
Type	bill
Volume / chapter	28L1S Bill28 8.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	69090e8cf29b2153e4369ac9758fa174bfd40354

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