First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 55

AN ACT TO AMEND THE

PROVINCIAL OFFENCES ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

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.

A BILL

AN ACT TO AMEND THE PROVINCIAL OFFENCES ACT

Analysis

S.2 Amdt.

Interpretation

S.10 R&S

Use of tickets

S.13 Rep.

Notice to appear

S.14 Amdt.

Service

S.15 Amdt.

Parking tickets

S.17 Amdt.

Proof of service

S.18.1 Added

Ticket

8. S.19 R&S

Notice of trial and appearance

9. S.20 R&S

Delivery to judge

Ss.21 & 22 Rep.

21. Voluntary fine

22. Endorsement on

ticket re conviction

S.23 R&S

Conviction and fine

S.24 R&S

New trial

S.26 Amdt.

Ticket unsworn

S.28 R&S

Appearance not required

S.29 Amdt.

Failure to appear

16. S.30 Amdt.

Judge may infer information from ticket

17. S.31 Amdt.

Regulations

Saving

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;

Section 10 of the Act is repealed and the

following substituted:

Use of tickets

(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.

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.

Section 19 of the Act is repealed and the

following substituted:

Notice of trial

and appearance

(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.

Section 20 of the Act is repealed and the

following substituted:

Delivery to judge

(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.

Section 23 of the Act is repealed and the

following substituted:

Conviction and

fine

(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).

Section 24 of the Act is repealed and the

following substituted:

New trial

(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

(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).

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

(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

(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

Amdt.

Section 2.1 of the Provincial Offences Regulations, 1999 is repealed.

Queen's Printer