Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
16.9(1)The notice of dispute set out in the violation ticket shall be in prescribed form and filed with the office of the court.
16.9(2)If a defendant files a notice of dispute in order to dispute the charge, the defendant is deemed to have pleaded not guilty to the charge.
16.9(3)The proceedings with respect to which the defendant is charged are commenced when the notice of dispute is filed with the office of the court.
16.9(4)The defendant shall notify the office of the court of any change in address of the defendant.
16.9(5)Despite sections 22 and 24, when the office of the court receives the notice of dispute, a time and place is fixed for the defendant’s appearance in court and a notice of trial or notice of submission hearing, as the case may be, shall be forwarded to the defendant.
16.9(6)A copy of the violation ticket shall be filed with the judge no later than the date fixed for the trial or the submission hearing, as the case may be.
16.9(7)When the defendant does not appear in court at the time and place fixed for the trial or the submission hearing, as the case may be, the judge shall examine the copy of the violation ticket and, if the copy contains the certificate referred to in paragraph 16.3(1)(j), the judge shall, subject to subsection (9), convict the defendant and impose a fine in the amount of the fixed penalty set out in the violation ticket.
16.9(8)When the defendant appears in court at the time and place for trial, the proceedings shall be disposed of as though an information has been laid and a summons has been issued and served.
16.9(9)The judge shall not convict the defendant if
(a) the judge has reason to believe that the certificate on the violation ticket is inaccurate, or
(b) the violation ticket contains a defect and the defect cannot be cured under section 106.
2017, c.58, s.2; 2019, c.4, s.11