Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Definitions and application
1(1)In this Act
“Act” means an Act of the Legislature and includes a regulation or by-law made under an Act;(Loi)
“Attorney General” includes the Deputy Attorney General;(procureur général)
“authorized person” means a person authorized by regulation to perform a specified function under this Act;(personne autorisée)
“categorized offence” means an offence that an Act makes punishable under this Act as a category A, B, C, D, E, F, G, H, I or J offence;(infraction classée)
“chief judge” means the chief judge of the Provincial Court of New Brunswick;(juge en chef)
“corporation” includes(corporation)
(a) a local government, and
(a.1) Repealed: 2017, c.20, s.144
(b) an organization, whether incorporated or not, that is liable to prosecution under an Act;
“court” means the Provincial Court of New Brunswick;(cour)
Criminal Code means the Criminal Code (Canada);(Code criminel)
“document” includes an appearance notice, an undertaking, an information, a ticket, a violation ticket, a notice of prosecution, a summons, a warrant and any other notice or document referred to in this Act;(document)
“firearm” means a firearm as defined in the Criminal Code (Canada);(arme à feu)
“item of evidence” means anything that a peace officer believes, on reasonable and probable grounds, may provide evidence of the commission of an offence;(élément de preuve)
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick and includes a supernumerary judge of the Provincial Court of New Brunswick;(juge)
“minor” means a person who has not attained the age of nineteen years;(mineur)
“named court” means the court designated by a judge under subsection 139(2) as the court at which a copy of a report under subsection 142(1) or (3) is to be filed;(cour désignée)
“offence” means an offence created by an Act or by any regulation or by-law made under an Act;(infraction)
“official language” means the English language or the French language;(langue officielle)
“peace officer” means(agent de la paix)
(a) a police officer, and
(b) any other person who is made a peace officer by an Act and who is acting in the performance of that person’s statutory duties or in relation to an offence or suspected offence under that Act;
“place” , for the purposes of sections 134 to 145 includes any land, buildings or premises;(endroit)
“police officer” means(agent de police)
(a) a member of the Royal Canadian Mounted Police, and
(b) a police officer as defined in the Police Act;
“prescribed form” means the form prescribed by regulation;(forme prescrite)
“prescribed offence” means an offence that is specified by regulation to be a prescribed offence;(infraction prescrite)
“probation officer” means a probation officer appointed for the purposes of the Corrections Act;(agent de probation)
“prosecutor” means(poursuivant)
(a) the Attorney General or an agent of the Attorney General, and
(b) any person who commences proceedings to which this Act applies unless the Attorney General or an agent of the Attorney General intervenes,
and includes counsel acting on behalf of a person referred to in paragraph (a) or (b);
“ticket reviewer” means a person appointed under section 16.1;(examinateur de billets)
“vehicle” means every device in, on or by which a person or property may be transported whether by land, air or water;(véhicule)
“weapon” includes any thing by which a person may cause harm to himself or herself or to another person;(arme)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
1(2)Subject to any special provision enacted in any other Act with respect to an offence, this Act applies to the prosecution of all offences.
1990, c.18, s.1; 1990, c.61, s.1; 1991, c.29, s.1; 1994, c.24, s.1; 2005, c.7, s.64; 2012, c.39, s.119; 2017, c.20, s.144; 2017, c.58, s.1; 2019, c.28, s.1
Definitions
1(1)In this Act
“Act” means an Act of the Legislature and includes a regulation or by-law made under an Act;(Loi)
“Attorney General” includes the Deputy Attorney General;(procureur général)
“authorized person” means a person authorized by regulation to perform a specified function under this Act;(personne autorisée)
“categorized offence” means an offence that an Act makes punishable under this Act as a category A, B, C, D, E, F, G, H, I or J offence;(infraction classée)
“chief judge” means the chief judge of the Provincial Court of New Brunswick;(juge en chef)
“corporation” includes(corporation)
(a) a local government, and
(a.1) Repealed: 2017, c.20, s.144
(b) an organization, whether incorporated or not, that is liable to prosecution under an Act;
“court” means the Provincial Court of New Brunswick;(cour)
Criminal Code means the Criminal Code (Canada);(Code criminel)
“document” includes an appearance notice, an undertaking, an information, a ticket, a notice of prosecution, a summons, a warrant and any other notice or document referred to in this Act;(document)
“firearm” means a firearm as defined in the Criminal Code (Canada);(arme à feu)
“item of evidence” means anything that a peace officer believes, on reasonable and probable grounds, may provide evidence of the commission of an offence;(élément de preuve)
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick and includes a supernumerary judge of the Provincial Court of New Brunswick;(juge)
“minor” means a person who has not attained the age of nineteen years;(mineur)
“named court” means the court designated by a judge under subsection 139(2) as the court at which a copy of a report under subsection 142(1) or (3) is to be filed;(cour désignée)
“offence” means an offence created by an Act or by any regulation or by-law made under an Act;(infraction)
“official language” means the English language or the French language;(langue officielle)
“peace officer” means(agent de la paix)
(a) a police officer, and
(b) any other person who is made a peace officer by an Act and who is acting in the performance of that person’s statutory duties or in relation to an offence or suspected offence under that Act;
“place” , for the purposes of sections 134 to 145 includes any land, buildings or premises;(endroit)
“police officer” means(agent de police)
(a) a member of the Royal Canadian Mounted Police, and
(b) a police officer as defined in the Police Act;
“prescribed form” means the form prescribed by regulation;(forme prescrite)
“prescribed offence” means an offence that is specified by regulation to be a prescribed offence;(infraction prescrite)
“probation officer” means a probation officer appointed for the purposes of the Corrections Act;(agent de probation)
“prosecutor” means(poursuivant)
(a) the Attorney General or an agent of the Attorney General, and
(b) any person who commences proceedings to which this Act applies unless the Attorney General or an agent of the Attorney General intervenes,
and includes counsel acting on behalf of a person referred to in paragraph (a) or (b);
“vehicle” means every device in, on or by which a person or property may be transported whether by land, air or water;(véhicule)
“weapon” includes any thing by which a person may cause harm to himself or herself or to another person;(arme)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
Application of Act
1(2)Subject to any special provision enacted in any other Act with respect to an offence, this Act applies to the prosecution of all offences.
1990, c.18, s.1; 1990, c.61, s.1; 1991, c.29, s.1; 1994, c.24, s.1; 2005, c.7, s.64; 2012, c.39, s.119; 2017, c.20, s.144; 2019, c.28, s.1
Definitions
1(1)In this Act
“Act” means an Act of the Legislature and includes a regulation or by-law made under an Act;(Loi)
“Attorney General” includes the Deputy Attorney General;(procureur général)
“authorized person” means a person authorized by regulation to perform a specified function under this Act;(personne autorisée)
“categorized offence” means an offence that an Act makes punishable under this Act as a category A, B, C, D, E, F, G, H, I or J offence;(infraction classée)
“chief judge” means the chief judge of the Provincial Court of New Brunswick;(juge en chef)
“corporation” includes(corporation)
(a) a local government, and
(a.1) Repealed: 2017, c.20, s.144
(b) an organization, whether incorporated or not, that is liable to prosecution under an Act;
“court” means the Provincial Court of New Brunswick;(cour)
Criminal Code means the Criminal Code (Canada);(Code criminel)
“document” includes an appearance notice, an undertaking, an information, a ticket, a notice of prosecution, a summons, a warrant and any other notice or document referred to in this Act;(document)
“item of evidence” means anything that a peace officer believes, on reasonable and probable grounds, may provide evidence of the commission of an offence;(élément de preuve)
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick and includes a supernumerary judge of the Provincial Court of New Brunswick;(juge)
“minor” means a person who has not attained the age of nineteen years;(mineur)
“named court” means the court designated by a judge under subsection 139(2) as the court at which a copy of a report under subsection 142(1) or (3) is to be filed;(cour désignée)
“offence” means an offence created by an Act or by any regulation or by-law made under an Act;(infraction)
“official language” means the English language or the French language;(langue officielle)
“peace officer” means(agent de la paix)
(a) a police officer, and
(b) any other person who is made a peace officer by an Act and who is acting in the performance of that person’s statutory duties or in relation to an offence or suspected offence under that Act;
“place” , for the purposes of sections 134 to 145 includes any land, buildings or premises;(endroit)
“police officer” means(agent de police)
(a) a member of the Royal Canadian Mounted Police, and
(b) a police officer as defined in the Police Act;
“prescribed form” means the form prescribed by regulation;(forme prescrite)
“prescribed offence” means an offence that is specified by regulation to be a prescribed offence;(infraction prescrite)
“probation officer” means a probation officer appointed for the purposes of the Corrections Act;(agent de probation)
“prosecutor” means(poursuivant)
(a) the Attorney General or an agent of the Attorney General, and
(b) any person who commences proceedings to which this Act applies unless the Attorney General or an agent of the Attorney General intervenes,
and includes counsel acting on behalf of a person referred to in paragraph (a) or (b);
“vehicle” means every device in, on or by which a person or property may be transported whether by land, air or water;(véhicule)
“weapon” includes any thing by which a person may cause harm to himself or herself or to another person;(arme)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
Application of Act
1(2)Subject to any special provision enacted in any other Act with respect to an offence, this Act applies to the prosecution of all offences.
1990, c.18, s.1; 1990, c.61, s.1; 1991, c.29, s.1; 1994, c.24, s.1; 2005, c.7, s.64; 2012, c.39, s.119; 2017, c.20, s.144
Definitions
1(1)In this Act
“Act” means an Act of the Legislature and includes a regulation or by-law made under an Act;(Loi)
“Attorney General” includes the Deputy Attorney General;(procureur général)
“authorized person” means a person authorized by regulation to perform a specified function under this Act;(personne autorisée)
“categorized offence” means an offence that an Act makes punishable under this Act as a category A, B, C, D, E, F, G, H, I or J offence;(infraction classée)
“chief judge” means the chief judge of the Provincial Court of New Brunswick;(juge en chef)
“corporation” includes(corporation)
(a) a municipality,
(a.1) a rural community, and
(b) an organization, whether incorporated or not, that is liable to prosecution under an Act;
“court” means the Provincial Court of New Brunswick;(cour)
Criminal Code means the Criminal Code (Canada);(Code criminel)
“document” includes an appearance notice, an undertaking, an information, a ticket, a notice of prosecution, a summons, a warrant and any other notice or document referred to in this Act;(document)
“item of evidence” means anything that a peace officer believes, on reasonable and probable grounds, may provide evidence of the commission of an offence;(élément de preuve)
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick and includes a supernumerary judge of the Provincial Court of New Brunswick;(juge)
“minor” means a person who has not attained the age of nineteen years;(mineur)
“named court” means the court designated by a judge under subsection 139(2) as the court at which a copy of a report under subsection 142(1) or (3) is to be filed;(cour désignée)
“offence” means an offence created by an Act or by any regulation or by-law made under an Act;(infraction)
“official language” means the English language or the French language;(langue officielle)
“peace officer” means(agent de la paix)
(a) a police officer, and
(b) any other person who is made a peace officer by an Act and who is acting in the performance of that person’s statutory duties or in relation to an offence or suspected offence under that Act;
“place” , for the purposes of sections 134 to 145 includes any land, buildings or premises;(endroit)
“police officer” means(agent de police)
(a) a member of the Royal Canadian Mounted Police, and
(b) a police officer as defined in the Police Act;
“prescribed form” means the form prescribed by regulation;(forme prescrite)
“prescribed offence” means an offence that is specified by regulation to be a prescribed offence;(infraction prescrite)
“probation officer” means a probation officer appointed for the purposes of the Corrections Act;(agent de probation)
“prosecutor” means(poursuivant)
(a) the Attorney General or an agent of the Attorney General, and
(b) any person who commences proceedings to which this Act applies unless the Attorney General or an agent of the Attorney General intervenes,
and includes counsel acting on behalf of a person referred to in paragraph (a) or (b);
“vehicle” means every device in, on or by which a person or property may be transported whether by land, air or water;(véhicule)
“weapon” includes any thing by which a person may cause harm to himself or herself or to another person;(arme)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
Application of Act
1(2)Subject to any special provision enacted in any other Act with respect to an offence, this Act applies to the prosecution of all offences.
1990, c.18, s.1; 1990, c.61, s.1; 1991, c.29, s.1; 1994, c.24, s.1; 2005, c.7, s.64; 2012, c.39, s.119
Definitions
1(1)In this Act
“Act” means an Act of the Legislature and includes a regulation or by-law made under an Act;(Loi)
“Attorney General” includes the Deputy Attorney General;(procureur général)
“authorized person” means a person authorized by regulation to perform a specified function under this Act;(personne autorisée)
“categorized offence” means an offence that an Act makes punishable under this Act as a category A, B, C, D, E, F, G, H, I or J offence;(infraction classée)
“chief judge” means the chief judge of the Provincial Court of New Brunswick;(juge en chef)
“corporation” includes(corporation)
(a) a municipality,
(a.1) a rural community, and
(b) an organization, whether incorporated or not, that is liable to prosecution under an Act;
“court” means the Provincial Court of New Brunswick;(cour)
Criminal Code means the Criminal Code (Canada);(Code criminel)
“document” includes an appearance notice, an undertaking, an information, a ticket, a notice of prosecution, a summons, a warrant and any other notice or document referred to in this Act;(document)
“item of evidence” means anything that a peace officer believes, on reasonable and probable grounds, may provide evidence of the commission of an offence;(élément de preuve)
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick and includes a supernumerary judge of the Provincial Court of New Brunswick;(juge)
“minor” means a person who has not attained the age of nineteen years;(mineur)
“named court” means the court designated by a judge under subsection 139(2) as the court at which a copy of a report under subsection 142(1) or (3) is to be filed;(cour désignée)
“offence” means an offence created by an Act or by any regulation or by-law made under an Act;(infraction)
“official language” means the English language or the French language;(langue officielle)
“peace officer” means(agent de la paix)
(a) a police officer, and
(b) any other person who is made a peace officer by an Act and who is acting in the performance of that person’s statutory duties or in relation to an offence or suspected offence under that Act;
“place” , for the purposes of sections 134 to 145 includes any land, buildings or premises;(endroit)
“police officer” means(agent de police)
(a) a member of the Royal Canadian Mounted Police, and
(b) a police officer as defined in the Police Act;
“prescribed form” means the form prescribed by regulation;(forme prescrite)
“prescribed offence” means an offence that is specified by regulation to be a prescribed offence;(infraction prescrite)
“probation officer” means a probation officer appointed for the purposes of the Corrections Act;(agent de probation)
“prosecutor” means(poursuivant)
(a) the Attorney General or an agent of the Attorney General, and
(b) any person who commences proceedings to which this Act applies unless the Attorney General or an agent of the Attorney General intervenes,
and includes counsel acting on behalf of a person referred to in paragraph (a) or (b);
“vehicle” means every device in, on or by which a person or property may be transported whether by land, air or water;(véhicule)
“weapon” includes any thing by which a person may cause harm to himself or herself or to another person;(arme)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
Application of Act
1(2)Subject to any special provision enacted in any other Act with respect to an offence, this Act applies to the prosecution of all offences.
1990, c.18, s.1; 1990, c.61, s.1; 1991, c.29, s.1; 1994, c.24, s.1; 2005, c.7, s.64; 2012, c.39, s.119
Definitions
1(1)In this Act
“Act” means an Act of the Legislature and includes a regulation or by-law made under an Act;(Loi)
“Attorney General” includes the Deputy Attorney General;(procureur général)
“authorized person” means a person authorized by regulation to perform a specified function under this Act;(personne autorisée)
“categorized offence” means an offence that an Act makes punishable under this Act as a category A, B, C, D, E, F, G, H, I or J offence;(infraction classée)
“chief judge” means the chief judge of the Provincial Court of New Brunswick;(juge en chef)
“corporation” includes(corporation)
(a) a municipality,
(a.1) a rural community, and
(b) an organization, whether incorporated or not, that is liable to prosecution under an Act;
“court” means the Provincial Court of New Brunswick;(cour)
Criminal Code means the Criminal Code (Canada);(Code criminel)
“document” includes an appearance notice, an undertaking, an information, a ticket, a notice of prosecution, a summons, a warrant and any other notice or document referred to in this Act;(document)
“item of evidence” means anything that a peace officer believes, on reasonable and probable grounds, may provide evidence of the commission of an offence;(élément de preuve)
“judge” means a person appointed or authorized to act as a judge of the Provincial Court of New Brunswick and includes a supernumerary judge of the Provincial Court of New Brunswick;(juge)
“minor” means a person who has not attained the age of nineteen years;(mineur)
“named court” means the court designated by a judge under subsection 139(2) as the court at which a copy of a report under subsection 142(1) or (3) is to be filed;(cour désignée)
“offence” means an offence created by an Act or by any regulation or by-law made under an Act;(infraction)
“official language” means the English language or the French language;(langue officielle)
“peace officer” means(agent de la paix)
(a) a police officer, and
(b) any other person who is made a peace officer by an Act and who is acting in the performance of that person’s statutory duties or in relation to an offence or suspected offence under that Act;
“place” , for the purposes of sections 134 to 145 includes any land, buildings or premises;(endroit)
“police officer” means(agent de police)
(a) a member of the Royal Canadian Mounted Police, and
(b) a police officer as defined in the Police Act;
“prescribed form” means the form prescribed by regulation;(forme prescrite)
“prescribed offence” means an offence that is specified by regulation to be a prescribed offence;(infraction prescrite)
“probation officer” means a probation officer appointed for the purposes of the Corrections Act;(agent de probation)
“prosecutor” means(poursuivant)
(a) the Attorney General or an agent of the Attorney General, and
(b) any person who commences proceedings to which this Act applies unless the Attorney General or an agent of the Attorney General intervenes,
and includes counsel acting on behalf of a person referred to in paragraph (a) or (b);
“vehicle” means every device in, on or by which a person or property may be transported whether by land, air or water;(véhicule)
“weapon” includes any thing by which a person may cause harm to himself or herself or to another person;(arme)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
Application of Act
1(2)Subject to any special provision enacted in any other Act with respect to an offence, this Act applies to the prosecution of all offences.
1990, c.18, s.1; 1990, c.61, s.1; 1991, c.29, s.1; 1994, c.24, s.1; 2005, c.7, s.64