Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 115
Disposition versions

Full text
Administrative fees, fines and fixed penalties
115(1)All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance and Treasury Board.
115(2)Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance and Treasury Board.
115(3)When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by the local government, the local government shall retain the fixed penalty.
115(4)Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) or 16.8(3)(d) and shall
(a) in the case of a fixed penalty recovered for the breach of a by-law of a local government, forward the remainder of the fixed penalty to the local government, and
(b) in any other case, forward the remainder of the fixed penalty to the Minister of Finance and Treasury Board.
115(5)When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by a person other than Service New Brunswick or the local government,
(a) the fixed penalty shall be forwarded to the Minister of Finance and Treasury Board, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) or 16.8(3)(d) and pay the remainder of the fixed penalty to the local government, or
(b) the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) or 16.8(3)(d) shall be forwarded to the Minister of Finance and Treasury Board and the remainder of the fixed penalty shall be forwarded to the local government directly.
1990, c.18, s.62; 2005, c.7, s.64; 2007, c.33, s.6; 2008, c.29, s.8; 2017, c.20, s.144; 2017, c.58, s.18; 2019, c.29, s.130
Administrative fees, fines and fixed penalties
115(1)All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance and Treasury Board.
115(2)Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance and Treasury Board.
115(3)When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by the local government, the local government shall retain the fixed penalty.
115(4)Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and shall
(a) in the case of a fixed penalty recovered for the breach of a by-law of a local government, forward the remainder of the fixed penalty to the local government, and
(b) in any other case, forward the remainder of the fixed penalty to the Minister of Finance and Treasury Board.
115(5)When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by a person other than Service New Brunswick or the local government,
(a) the fixed penalty shall be forwarded to the Minister of Finance and Treasury Board, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and pay the remainder of the fixed penalty to the local government, or
(b) the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) shall be forwarded to the Minister of Finance and Treasury Board and the remainder of the fixed penalty shall be forwarded to the local government directly.
1990, c.18, s.62; 2005, c.7, s.64; 2007, c.33, s.6; 2008, c.29, s.8; 2017, c.20, s.144; 2019, c.29, s.130
Administrative fees, fines and fixed penalties
115(1)All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance.
115(2)Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(3)When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by the local government, the local government shall retain the fixed penalty.
115(4)Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and shall
(a) in the case of a fixed penalty recovered for the breach of a by-law of a local government, forward the remainder of the fixed penalty to the local government, and
(b) in any other case, forward the remainder of the fixed penalty to the Minister of Finance.
115(5)When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by a person other than Service New Brunswick or the local government,
(a) the fixed penalty shall be forwarded to the Minister of Finance, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and pay the remainder of the fixed penalty to the local government, or
(b) the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) shall be forwarded to the Minister of Finance and the remainder of the fixed penalty shall be forwarded to the local government directly.
1990, c.18, s.62; 2005, c.7, s.64; 2007, c.33, s.6; 2008, c.29, s.8; 2017, c.20, s.144
Administrative fees, fines and fixed penalties
115(1)All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance.
115(2)Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(3)Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by the municipality or rural community, the municipality or rural community shall retain the fixed penalty.
115(4)Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and shall
(a) in the case of a fixed penalty recovered for the breach of a by-law of a municipality or rural community, forward the remainder of the fixed penalty to the municipality or rural community, and
(b) in any other case, forward the remainder of the fixed penalty to the Minister of Finance.
115(5)Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by a person other than Service New Brunswick or the municipality or rural community,
(a) the fixed penalty shall be forwarded to the Minister of Finance, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and pay the remainder of the fixed penalty to the municipality or rural community, or
(b) the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) shall be forwarded to the Minister of Finance and the remainder of the fixed penalty shall be forwarded to the municipality or rural community directly.
1990, c.18, s.62; 2005, c.7, s.64; 2007, c.33, s.6; 2008, c.29, s.8
Administrative fees, fines and fixed penalties
115(1)All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance.
115(2)Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(3)Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by the municipality or rural community, the municipality or rural community shall retain the fixed penalty.
115(4)Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and shall
(a) in the case of a fixed penalty recovered for the breach of a by-law of a municipality or rural community, forward the remainder of the fixed penalty to the municipality or rural community, and
(b) in any other case, forward the remainder of the fixed penalty to the Minister of Finance.
115(5)Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by a person other than Service New Brunswick or the municipality or rural community,
(a) the fixed penalty shall be forwarded to the Minister of Finance, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and pay the remainder of the fixed penalty to the municipality or rural community, or
(b) the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) shall be forwarded to the Minister of Finance and the remainder of the fixed penalty shall be forwarded to the municipality or rural community directly.
1990, c.18, s.62; 2005, c.7, s.64; 2007, c.33, s.6; 2008, c.29, s.8
Administrative fees, fines and fixed penalties
115(1)All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance.
115(2)Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(3)Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by the municipality or rural community, the municipality or rural community shall retain the fixed penalty.
115(4)Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and shall
(a) in the case of a fixed penalty recovered for the breach of a by-law of a municipality or rural community, forward the remainder of the fixed penalty to the municipality or rural community, and
(b) in any other case, forward the remainder of the fixed penalty to the Minister of Finance.
115(5)Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by a person other than Service New Brunswick or the municipality or rural community,
(a) the fixed penalty shall be forwarded to the Minister of Finance, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and pay the remainder of the fixed penalty to the municipality or rural community, or
(b) the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) shall be forwarded to the Minister of Finance and the remainder of the fixed penalty shall be forwarded to the municipality or rural community directly.
1990, c.18, s.62; 2005, c.7, s.64; 2007, c.33, s.6
Fines and fixed penalties
115(1)Subject to subsection (3), all fines and fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(2)The Minister of Finance shall pay to a municipality all fines and fixed penalties recovered for breaches of by-laws of that municipality.
115(3)All fixed penalties which, if forwarded to the Minister of Finance under subsection (1) would be paid to a municipality under subsection (2), may be retained by a municipality or forwarded to it directly.
115(4)The Minister of Finance shall pay to a rural community all fines and fixed penalties recovered for breaches of by-laws of that rural community.
115(5)All fixed penalties which, if forwarded to the Minister of Finance under subsection (1) would be paid to a rural community under subsection (4), may be retained by a rural community or forwarded to it directly.
1990, c.18, s.62; 2005, c.7, s.64