Setting aside a deemed conviction
2017, c.58, s.20
117.1(1) A judge may set aside a deemed conviction if
(a)
a ticket reviewer endorses in the record of disposition under subsection 16.92(2) the fact that the conditions set out in subsection 16.92(1) have been fulfilled, or
(b)
the defendant has paid the fixed penalty under section 16.8.
117.1(2)Subsection (1) only applies if
(a)
the defendant applies no later than 45 days after
(i)
the day the fixed penalty referred to in section 16.8 is paid, or
(ii)
the day the ticket reviewer endorses in the record of disposition under subsection 16.92(2) the fact that the conditions are fulfilled; and
(b)
the judge is satisfied that the defendant’s failure to file a notice of dispute under paragraph 16.7(b) occurred through no fault of the defendant.
117.1(3)If leave is granted,
(a)
a notice of dispute is filed with the office of the court, in which case section 16.9 applies with the necessary modifications, and
(b)
the amount of the fixed penalty paid by the defendant shall be deposited with the office of the court and retained until the proceedings are concluded.
117.1(4)When the proceedings are concluded, the amount of the fixed penalty retained under paragraph (3)(
b) shall
(a)
be returned to the defendant if the defendant is acquitted, or
(b)
be applied towards discharge of the fine if the defendant is convicted.
117.1(5)A judge may set aside the conviction of a defendant who has been deemed to have been convicted of an offence under section 16.91 if the copy of the violation ticket was filed with the ticket reviewer after payment of the fixed penalty set out in the violation ticket.
2017, c.58, s.20; 2019, c.4, s.11