Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Regulations
146(1)The Lieutenant-Governor in Council may, on the recommendation of the Attorney General, make regulations
(a) authorizing persons to perform specified functions under this Act;
(b) specifying offences to be prescribed offences for the purposes of section 9;
(b.1) prescribing for the purposes of subsection 16.1(1) the classes of persons entitled to be appointed ticket reviewers;
(b.2) prescribing for the purposes of subsection 16.1(2) the functions or duties to be carried out by a ticket reviewer;
(b.3) specifying offences to be prescribed offences for the purposes of section 16.2;
(c) prescribing the form of any document that is required by this Act to be in prescribed form;
(d) prescribing the form of other documents for use under this Act;
(e) prescribing for the purposes of paragraph 10(2)(a) the wording which may be used in a ticket and notice of prosecution to describe the offence with which a defendant is charged;
(e.01) prescribing for the purposes of paragraph 16.3(2)(a) the wording which may be used in a violation ticket to describe the offence with which a defendant is charged;
(e.02) respecting the requirements, for the purposes of section 16.6, for the creation, completion, signature, provision, recording or entering of a violation ticket that is created, completed or signed electronically or for its reproduction by printing or reconversion to electronic form;
(e.03) prescribing the period under section 16.7;
(e.1) prescribing an administrative fee for the purposes of paragraph 14(5)(d) or 16.8(3)(d) or subsection 46(1.1);
(f) prescribing the wording of statements to be read to the defendant under section 18;
(g) respecting the time, place and manner of payment of a fixed penalty;
(h) respecting the practice and procedure in connection with the appointment of commissioners under section 38, the taking of evidence by commissioners, the certifying and the return of the evidence and the use of the evidence in proceedings under this Act;
(i) respecting conditions included in a probation order under paragraph 74(3)(a);
(j) Repealed: 1990, c.18, s.84
(k) establishing a fine-option program and specifying the part or parts of the Province in which it is in force;
(l) respecting admission into a fine-option program;
(m) respecting classes of work in a fine-option program and the conditions under which the work is to be performed;
(n) prescribing a system of credits to discharge payment of a fine under a fine-option program;
(o) prescribing the rate at which credits are earned under the fine-option program;
(p) specifying licences that are subject to suspension for default of payment of a fine and prescribing for each licence the offences in respect of which a suspension of the licence may be ordered;
(q) respecting the manner of executing and dealing with the proceeds of orders for seizure and sale;
(r) designating a province or territory as a reciprocating province or territory;
(r.1) prescribing the wording to be used for the endorsement of a warrant under section 113;
(s) prescribing the oath or the solemn affirmation to be taken or made by an interpreter;
(t) prescribing a table of attendance money for witnesses;
(u) respecting returns to be made by a judge under this Act;
(v) respecting the records to be kept under this Act and the persons by whom they are to be kept;
(w) generally, for the administration of this Act.
146(2)Regulations made under paragraph (1)(a) may authorize persons by name or by class or description, and may make those persons authorized persons for the purposes of all or any of the provisions of this Act, as stated in the regulations.
146(3)Regulations made under paragraph (1)(b) shall specify the provisions of this Act for which an offence is a prescribed offence and may
(a) specify offences by class or description to be prescribed offences, and
(b) specify that all offences created by an identified Act are prescribed offences.
146(4)Regulations made under paragraph 1(c) or (d) may prescribe different forms of a document to be used in different circumstances or in relation to different offences.
146(5)Regulations made under paragraph 1(c) or (d) may combine documents in a single form, and may include in a document additional material beyond what this Act requires the document to contain.
146(6)Where regulations made under paragraph (1)(d) prescribe the form of a document for use under this Act, the prescribed form of the document shall be used.
146(6.1)A prescribed form document may be used with modifications if circumstances require.
146(7)Where this Act requires a document in prescribed form to contain certain material, the document may comply with that requirement in whole or in part by referring to, and attaching a copy of, some other document in prescribed form which contains that material.
1990, c.18, s.84; 1991, c.29, s.18; 2007, c.33, s.7; 2017, c.58, s.25
Regulations
146(1)The Lieutenant-Governor in Council may, on the recommendation of the Attorney General, make regulations
(a) authorizing persons to perform specified functions under this Act;
(b) specifying offences to be prescribed offences;
(c) prescribing the form of any document that is required by this Act to be in prescribed form;
(d) prescribing the form of other documents for use under this Act;
(e) prescribing for the purposes of paragraph 10(2)(a) the wording which may be used in a ticket and notice of prosecution to describe the offence with which a defendant is charged;
(e.1) prescribing an administrative fee for the purposes of paragraph 14(5)(d) or subsection 46(1.1);
(f) prescribing the wording of statements to be read to the defendant under section 18;
(g) respecting the time, place and manner of payment of a fixed penalty;
(h) respecting the practice and procedure in connection with the appointment of commissioners under section 38, the taking of evidence by commissioners, the certifying and the return of the evidence and the use of the evidence in proceedings under this Act;
(i) respecting conditions included in a probation order under paragraph 74(3)(a);
(j) Repealed: 1990, c.18, s.84
(k) establishing a fine-option program and specifying the part or parts of the Province in which it is in force;
(l) respecting admission into a fine-option program;
(m) respecting classes of work in a fine-option program and the conditions under which the work is to be performed;
(n) prescribing a system of credits to discharge payment of a fine under a fine-option program;
(o) prescribing the rate at which credits are earned under the fine-option program;
(p) specifying licences that are subject to suspension for default of payment of a fine and prescribing for each licence the offences in respect of which a suspension of the licence may be ordered;
(q) respecting the manner of executing and dealing with the proceeds of orders for seizure and sale;
(r) designating a province or territory as a reciprocating province or territory;
(r.1) prescribing the wording to be used for the endorsement of a warrant under section 113;
(s) prescribing the oath or the solemn affirmation to be taken or made by an interpreter;
(t) prescribing a table of attendance money for witnesses;
(u) respecting returns to be made by a judge under this Act;
(v) respecting the records to be kept under this Act and the persons by whom they are to be kept;
(w) generally, for the administration of this Act.
146(2)Regulations made under paragraph (1)(a) may authorize persons by name or by class or description, and may make those persons authorized persons for the purposes of all or any of the provisions of this Act, as stated in the regulations.
146(3)Regulations made under paragraph (1)(b) shall specify the provisions of this Act for which an offence is a prescribed offence and may
(a) specify offences by class or description to be prescribed offences, and
(b) specify that all offences created by an identified Act are prescribed offences.
146(4)Regulations made under paragraph 1(c) or (d) may prescribe different forms of a document to be used in different circumstances or in relation to different offences.
146(5)Regulations made under paragraph 1(c) or (d) may combine documents in a single form, and may include in a document additional material beyond what this Act requires the document to contain.
146(6)Where regulations made under paragraph (1)(d) prescribe the form of a document for use under this Act, the prescribed form of the document shall be used.
146(6.1)A prescribed form document may be used with modifications if circumstances require.
146(7)Where this Act requires a document in prescribed form to contain certain material, the document may comply with that requirement in whole or in part by referring to, and attaching a copy of, some other document in prescribed form which contains that material.
1990, c.18, s.84; 1991, c.29, s.18; 2007, c.33, s.7
Regulations
146(1)The Lieutenant-Governor in Council may, on the recommendation of the Attorney General, make regulations
(a) authorizing persons to perform specified functions under this Act;
(b) specifying offences to be prescribed offences;
(c) prescribing the form of any document that is required by this Act to be in prescribed form;
(d) prescribing the form of other documents for use under this Act;
(e) prescribing for the purposes of paragraph 10(2)(a) the wording which may be used in a ticket and notice of prosecution to describe the offence with which a defendant is charged;
(e.1) prescribing an administrative fee for the purposes of paragraph 14(5)(d) or subsection 46(1.1);
(f) prescribing the wording of statements to be read to the defendant under section 18;
(g) respecting the time, place and manner of payment of a fixed penalty;
(h) respecting the practice and procedure in connection with the appointment of commissioners under section 38, the taking of evidence by commissioners, the certifying and the return of the evidence and the use of the evidence in proceedings under this Act;
(i) respecting conditions included in a probation order under paragraph 74(3)(a);
(j) Repealed: 1990, c.18, s.84
(k) establishing a fine-option program and specifying the part or parts of the Province in which it is in force;
(l) respecting admission into a fine-option program;
(m) respecting classes of work in a fine-option program and the conditions under which the work is to be performed;
(n) prescribing a system of credits to discharge payment of a fine under a fine-option program;
(o) prescribing the rate at which credits are earned under the fine-option program;
(p) specifying licences that are subject to suspension for default of payment of a fine and prescribing for each licence the offences in respect of which a suspension of the licence may be ordered;
(q) respecting the manner of executing and dealing with the proceeds of orders for seizure and sale;
(r) designating a province or territory as a reciprocating province or territory;
(r.1) prescribing the wording to be used for the endorsement of a warrant under section 113;
(s) prescribing the oath or the solemn affirmation to be taken or made by an interpreter;
(t) prescribing a table of attendance money for witnesses;
(u) respecting returns to be made by a judge under this Act;
(v) respecting the records to be kept under this Act and the persons by whom they are to be kept;
(w) generally, for the administration of this Act.
146(2)Regulations made under paragraph (1)(a) may authorize persons by name or by class or description, and may make those persons authorized persons for the purposes of all or any of the provisions of this Act, as stated in the regulations.
146(3)Regulations made under paragraph (1)(b) shall specify the provisions of this Act for which an offence is a prescribed offence and may
(a) specify offences by class or description to be prescribed offences, and
(b) specify that all offences created by an identified Act are prescribed offences.
146(4)Regulations made under paragraph 1(c) or (d) may prescribe different forms of a document to be used in different circumstances or in relation to different offences.
146(5)Regulations made under paragraph 1(c) or (d) may combine documents in a single form, and may include in a document additional material beyond what this Act requires the document to contain.
146(6)Where regulations made under paragraph (1)(d) prescribe the form of a document for use under this Act, the prescribed form of the document shall be used.
146(6.1)A prescribed form document may be used with modifications if circumstances require.
146(7)Where this Act requires a document in prescribed form to contain certain material, the document may comply with that requirement in whole or in part by referring to, and attaching a copy of, some other document in prescribed form which contains that material.
1990, c.18, s.84; 1991, c.29, s.18; 2007, c.33, s.7
Regulations
146(1)The Lieutenant-Governor in Council may, on the recommendation of the Attorney General, make regulations
(a) authorizing persons to perform specified functions under this Act;
(b) specifying offences to be prescribed offences;
(c) prescribing the form of any document that is required by this Act to be in prescribed form;
(d) prescribing the form of other documents for use under this Act;
(e) prescribing for the purposes of paragraph 10(2)(a) the wording which may be used in a ticket and notice of prosecution to describe the offence with which a defendant is charged;
(f) prescribing the wording of statements to be read to the defendant under section 18;
(g) respecting the time, place and manner of payment of a fixed penalty;
(h) respecting the practice and procedure in connection with the appointment of commissioners under section 38, the taking of evidence by commissioners, the certifying and the return of the evidence and the use of the evidence in proceedings under this Act;
(i) respecting conditions included in a probation order under paragraph 74(3)(a);
(j) Repealed: 1990, c.18, s.84
(k) establishing a fine-option program and specifying the part or parts of the Province in which it is in force;
(l) respecting admission into a fine-option program;
(m) respecting classes of work in a fine-option program and the conditions under which the work is to be performed;
(n) prescribing a system of credits to discharge payment of a fine under a fine-option program;
(o) prescribing the rate at which credits are earned under the fine-option program;
(p) specifying licences that are subject to suspension for default of payment of a fine and prescribing for each licence the offences in respect of which a suspension of the licence may be ordered;
(q) respecting the manner of executing and dealing with the proceeds of orders for seizure and sale;
(r) designating a province or territory as a reciprocating province or territory;
(r.1) prescribing the wording to be used for the endorsement of a warrant under section 113;
(s) prescribing the oath or the solemn affirmation to be taken or made by an interpreter;
(t) prescribing a table of attendance money for witnesses;
(u) respecting returns to be made by a judge under this Act;
(v) respecting the records to be kept under this Act and the persons by whom they are to be kept;
(w) generally, for the administration of this Act.
146(2)Regulations made under paragraph (1)(a) may authorize persons by name or by class or description, and may make those persons authorized persons for the purposes of all or any of the provisions of this Act, as stated in the regulations.
146(3)Regulations made under paragraph (1)(b) shall specify the provisions of this Act for which an offence is a prescribed offence and may
(a) specify offences by class or description to be prescribed offences, and
(b) specify that all offences created by an identified Act are prescribed offences.
146(4)Regulations made under paragraph 1(c) or (d) may prescribe different forms of a document to be used in different circumstances or in relation to different offences.
146(5)Regulations made under paragraph 1(c) or (d) may combine documents in a single form, and may include in a document additional material beyond what this Act requires the document to contain.
146(6)Where regulations made under paragraph (1)(d) prescribe the form of a document for use under this Act, the prescribed form of the document shall be used.
146(6.1)A prescribed form document may be used with modifications if circumstances require.
146(7)Where this Act requires a document in prescribed form to contain certain material, the document may comply with that requirement in whole or in part by referring to, and attaching a copy of, some other document in prescribed form which contains that material.
1990, c.18, s.84; 1991, c.29, s.18