Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Notice and effect of default of payment
347.1(1)Subject to subsection (1.1), where a person is convicted of an offence under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or a local by-law, other than an offence under section 105.1, 345 or 346 and a fine is imposed, the fine is immediately due and payable and the judge or the clerk of the Court in which the fine was imposed shall, instead of proceeding under the Provincial Offences Procedure Act, prepare and immediately forward to the person with a copy to the Registrar, a notice, in the form which the Registrar may require, stating that, if the person holds a licence, the licence will be revoked and the person’s driving privilege suspended or, if the person does not hold a licence, the person’s driving privilege will be suspended, if full payment of the fine is not received by the Registrar within 90 days after the date of the notice, if the amount of the fine is less than $1,200, or within 180 days after the date of the notice, if the amount of the fine is $1,200 or more.
347.1(1.1)Where an administrative fee is payable under subsection 46(1.1) of the Provincial Offences Procedure Act, the administrative fee shall be added to the amount payable indicated in the notice referred to in subsection (1) and, for the purposes of this section, full payment of the fine shall not be considered to have been made if payment of the fine is not accompanied by payment of the administrative fee.
347.1(2)A notice under subsection (1) shall be given either by personal delivery to the person to be notified or by the deposit in the mail of such notice, by ordinary mail, in an envelope with postage prepaid, addressed to the person, and a notice so given by mail shall be deemed to be complete upon the expiration of four days after the deposit of such notice in the mail.
347.1(3)Where payment of a fine referred to in a notice given under subsection (1) is not received by the Registrar within the period indicated in that notice, the Registrar shall, if the person named in the notice holds a licence, revoke the licence and suspend the driving privilege of that person or, if he does not hold a licence, suspend his driving privilege until the fine is paid in full.
347.1(4)Repealed: 1988, c.24, s.4
347.1(5)Notwithstanding any other provision of this or any other Act stating that a person in default of payment of a fine is liable to imprisonment, a person in default of payment of a fine imposed upon conviction of an offence to which this section applies shall not be imprisoned as a consequence of the default.
1981, c.48, s.25; 1983, c.52, s.38; 1985, c.34, s.45; 1988, c.24, s.4; 1991, c.34, s.1; 1994, c.3, s.1; 2002, c.32, s.25; 2007, c.33, s.8; 2009, c.29, s.8
Notice and effect of default of payment
347.1(1)Subject to subsection (1.1), where a person is convicted of an offence under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or a local by-law, other than an offence under section 105.1, 345 or 346 and a fine is imposed, the fine is immediately due and payable and the judge or the clerk of the Court in which the fine was imposed shall, instead of proceeding under the Provincial Offences Procedure Act, prepare and immediately forward to the person with a copy to the Registrar, a notice, in the form which the Registrar may require, stating that, if the person holds a licence, the licence will be revoked and the person’s driving privilege suspended or, if the person does not hold a licence, the person’s driving privilege will be suspended, if full payment of the fine is not received by the Registrar within 90 days after the date of the notice, if the amount of the fine is less than $1,200, or within 180 days after the date of the notice, if the amount of the fine is $1,200 or more.
347.1(1.1)Where an administrative fee is payable under subsection 46(1.1) of the Provincial Offences Procedure Act, the administrative fee shall be added to the amount payable indicated in the notice referred to in subsection (1) and, for the purposes of this section, full payment of the fine shall not be considered to have been made if payment of the fine is not accompanied by payment of the administrative fee.
347.1(2)A notice under subsection (1) shall be given either by personal delivery to the person to be notified or by the deposit in the mail of such notice, by ordinary mail, in an envelope with postage prepaid, addressed to the person, and a notice so given by mail shall be deemed to be complete upon the expiration of four days after the deposit of such notice in the mail.
347.1(3)Where payment of a fine referred to in a notice given under subsection (1) is not received by the Registrar within the period indicated in that notice, the Registrar shall, if the person named in the notice holds a licence, revoke the licence and suspend the driving privilege of that person or, if he does not hold a licence, suspend his driving privilege until the fine is paid in full.
347.1(4)Repealed: 1988, c.24, s.4
347.1(5)Notwithstanding any other provision of this or any other Act stating that a person in default of payment of a fine is liable to imprisonment, a person in default of payment of a fine imposed upon conviction of an offence to which this section applies shall not be imprisoned as a consequence of the default.
1981, c.48, s.25; 1983, c.52, s.38; 1985, c.34, s.45; 1988, c.24, s.4; 1991, c.34, s.1; 1994, c.3, s.1; 2002, c.32, s.25; 2007, c.33, s.8; 2009, c.29, s.8
Notice and effect of default of payment
347.1(1)Subject to subsection (1.1), where a person is convicted of an offence under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or a local by-law, other than an offence under section 105.1, 345 or 346 and a fine is imposed, the fine is immediately due and payable and the judge or the clerk of the Court in which the fine was imposed shall, instead of proceeding under the Provincial Offences Procedure Act, prepare and immediately forward to the person with a copy to the Registrar, a notice, in the form which the Registrar may require, stating that, if the person holds a licence, the licence will be revoked and the person’s driving privilege suspended or, if the person does not hold a licence, the person’s driving privilege will be suspended, if full payment of the fine is not received by the Registrar within forty-five days after the date of the notice.
347.1(1.1)Where an administrative fee is payable under subsection 46(1.1) of the Provincial Offences Procedure Act, the administrative fee shall be added to the amount payable indicated in the notice referred to in subsection (1) and, for the purposes of this section, full payment of the fine shall not be considered to have been made if payment of the fine is not accompanied by payment of the administrative fee.
347.1(2)A notice under subsection (1) shall be given either by personal delivery to the person to be notified or by the deposit in the mail of such notice, by ordinary mail, in an envelope with postage prepaid, addressed to the person, and a notice so given by mail shall be deemed to be complete upon the expiration of four days after the deposit of such notice in the mail.
347.1(3)Where payment of a fine referred to in a notice given under subsection (1) is not received by the Registrar within forty-five days after the date of that notice, the Registrar shall, if the person named in the notice holds a licence, revoke the licence and suspend the driving privilege of that person or, if he does not hold a licence, suspend his driving privilege until the fine is paid in full.
347.1(4)Repealed: 1988, c.24, s.4
347.1(5)Notwithstanding any other provision of this or any other Act stating that a person in default of payment of a fine is liable to imprisonment, a person in default of payment of a fine imposed upon conviction of an offence to which this section applies shall not be imprisoned as a consequence of the default.
1981, c.48, s.25; 1983, c.52, s.38; 1985, c.34, s.45; 1988, c.24, s.4; 1991, c.34, s.1; 1994, c.3, s.1; 2002, c.32, s.25; 2007, c.33, s.8
Notice and effect of default of payment
347.1(1)Where a person is convicted of an offence under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or a local by-law, other than an offence under section 105.1, 345 or 346 and a fine is imposed, the fine is immediately due and payable and the judge or the clerk of the Court in which the fine was imposed shall, instead of proceeding under the Provincial Offences Procedure Act, prepare and immediately forward to the person with a copy to the Registrar, a notice, in the form which the Registrar may require, stating that, if the person holds a licence, the licence will be revoked and the person’s driving privilege suspended or, if the person does not hold a licence, the person’s driving privilege will be suspended, if full payment of the fine is not received by the Registrar within forty-five days after the date of the notice.
347.1(2)A notice under subsection (1) shall be given either by personal delivery to the person to be notified or by the deposit in the mail of such notice, by ordinary mail, in an envelope with postage prepaid, addressed to the person, and a notice so given by mail shall be deemed to be complete upon the expiration of four days after the deposit of such notice in the mail.
347.1(3)Where payment of a fine referred to in a notice given under subsection (1) is not received by the Registrar within forty-five days after the date of that notice, the Registrar shall, if the person named in the notice holds a licence, revoke the licence and suspend the driving privilege of that person or, if he does not hold a licence, suspend his driving privilege until the fine is paid in full.
347.1(4)Repealed: 1988, c.24, s.4
347.1(5)Notwithstanding any other provision of this or any other Act stating that a person in default of payment of a fine is liable to imprisonment, a person in default of payment of a fine imposed upon conviction of an offence to which this section applies shall not be imprisoned as a consequence of the default.
1981, c.48, s.25; 1983, c.52, s.38; 1985, c.34, s.45; 1988, c.24, s.4; 1991, c.34, s.1; 1994, c.3, s.1; 2002, c.32, s.25