Payment of a fixed penalty
14(1)A defendant who does not wish to dispute the charge set out in the ticket or make submissions respecting the portion of the fixed penalty representing the surcharge payable under the
Victims Services Act may, no later than the time stated in the ticket for payment, pay a fixed penalty
(a)
at the address specified in the ticket,
(b)
at any address or office of Service New Brunswick,
(c)
electronically on the Internet site maintained by Service New Brunswick, or
(d)
by telephone, by calling Service New Brunswick TeleServices.
14(2)Notwithstanding subsection (1),
(a)
the person who served the ticket may accept payment of a fixed penalty when the ticket is served,
(b)
a peace officer may accept payment of a fixed penalty later than the time stated in the ticket for payment if the notice of prosecution has not been filed with the judge, and
(c)
Service New Brunswick may accept payment of a fixed penalty later than the time stated in the ticket for payment if
(i)
the payment is personally delivered to an office of Service New Brunswick, and
(ii)
the notice of prosecution has not been filed with the judge.
14(3)Repealed: 2007, c.33, s.1
14(4)Except as otherwise provided by regulation, the time to be stated in the ticket as the time by which the fixed penalty is to be paid is 4:30 p.m. on the working day which is two working days before the day stated in the ticket for the defendant’s appearance in court.
14(5)The amount of the fixed penalty payable shall be the sum of
(a)
the minimum fine set for the offence charged,
(b)
any other additional fine or money penalty required to be imposed under an Act,
(c)
the surcharge under the
Victims Services Act, if any is payable, and
(d)
the administrative fee prescribed by regulation.
14(6)Payment of the fixed penalty by the defendant in accordance with this section relieves the defendant of the duty to appear in court at the time and place stated in the ticket.
14(7)Repealed: 1990, c.18, s.5
14(8)Where a fixed penalty has been paid, the defendant, on the day stated in the ticket for the defendant’s appearance in court, shall be deemed for all purposes
(a)
to have been convicted of the offence charged in the ticket,
(b)
to have been fined the amount set out in the ticket, and
(c)
to have paid that fine in full.
14(9)Repealed: 1990, c.18, s.5 1990, c.18, s.5; 1991, c.29, s.5; 1992, c.41, s.1; 2007, c.33, s.1; 2008, c.29, s.8; 2019, c.4, s.5