Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 16
Disposition versions

Full text
Conviction on non-appearance
16(1)Subject to subsection (3), the judge shall examine the notice of prosecution, convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket if
(a) the defendant has not paid a fixed penalty before the time stated in the ticket for the payment of the fixed penalty, and
(b) the defendant does not appear in court at the time and place
(i) stated in the ticket, or
(ii) fixed for a submission hearing, or for the resumption of a submission hearing that has been adjourned.
16(2)The certificate on a notice of prosecution shall be in prescribed form, shall be signed, and shall state
(a) that the person signing the certificate delivered personally to the defendant the ticket to which the notice of prosecution corresponds, and
(b) that the ticket was in prescribed form and was completed in the same manner as the notice of prosecution.
16(3)The judge shall not convict the defendant if
(a) the notice of prosecution does not contain the certificate referred to in subsection (2),
(b) the judge has reason to believe that the certificate on the notice of prosecution is inaccurate, or
(c) the notice of prosecution contains a defect and the defect cannot be cured under section 106.
1990, c.18, s.7; 2019, c.4, s.6
Conviction on non-appearance
16(1)Where the defendant has not paid a fixed penalty before the time stated in the ticket for the payment of the fixed penalty and does not appear in court at the time and place stated in the ticket, the judge shall examine the notice of prosecution and, if the notice of prosecution contains the certificate referred to in subsection (2), the judge shall, subject to subsection (3), convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket.
16(2)The certificate on a notice of prosecution shall be in prescribed form, shall be signed, and shall state
(a) that the person signing the certificate delivered personally to the defendant the ticket to which the notice of prosecution corresponds, and
(b) that the ticket was in prescribed form and was completed in the same manner as the notice of prosecution.
16(3)The judge shall not convict the defendant if
(a) the judge has reason to believe that the certificate on the notice of prosecution is inaccurate, or
(b) the notice of prosecution contains a defect and the defect cannot be cured under section 106.
1990, c.18, s.7