Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 29
Disposition versions

Full text
Non-appearance by defendant – trial
29(1)If a defendant does not appear at a time and place fixed for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the laying of an information, the judge shall, on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.1)If a defendant does not appear at a time and place fixed for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the filing of a notice of prosecution or notice of dispute, the judge shall,
(a) on motion by the prosecutor, convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket or the violation ticket to which the notice of prosecution or the copy of the violation ticket corresponds if it appears to the judge that it would not be contrary to the interest of justice to do so, or
(b) on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.2)If a motion by a prosecutor under paragraph (1.1)(a) is refused, the prosecutor is not prevented from making a motion under paragraph (1.1)(b) immediately after the refusal.
29(2)If the prosecutor does not make a motion under subsection (1) or (1.1) or a motion made by him or her under paragraph (1.1)(a) is refused and he or she does not make a motion under paragraph (1.1)(b) immediately after the refusal, the judge shall adjourn the proceedings and may
(a) issue a summons in prescribed form, or
(b) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.
2011, c.16, s.2; 2013, c.45, s.3; 2017, c.58, s.6
Non-appearance by defendant
29(1)If a defendant does not appear at a time and place fixed for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the laying of an information, the judge shall, on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.1)If a defendant does not appear at a time and place fixed for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the filing of a notice of prosecution, the judge shall,
(a) on motion by the prosecutor, convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket to which the notice of prosecution corresponds if it appears to the judge that it would not be contrary to the interest of justice to do so, or
(b) on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.2)If a motion by a prosecutor under paragraph (1.1)(a) is refused, the prosecutor is not prevented from making a motion under paragraph (1.1)(b) immediately after the refusal.
29(2)If the prosecutor does not make a motion under subsection (1) or (1.1) or a motion made by him or her under paragraph (1.1)(a) is refused and he or she does not make a motion under paragraph (1.1)(b) immediately after the refusal, the judge shall adjourn the proceedings and may
(a) issue a summons in prescribed form, or
(b) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.
2011, c.16, s.2; 2013, c.45, s.3
Non-appearance by defendant
29(1)If a defendant does not appear at a time and place fixed for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the laying of an information, the judge shall, on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.1)If a defendant does not appear at a time and place fixed for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the filing of a notice of prosecution, the judge shall,
(a) on motion by the prosecutor, convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket to which the notice of prosecution corresponds if it appears to the judge that it would not be contrary to the interest of justice to do so, or
(b) on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.2)If a motion by a prosecutor under paragraph (1.1)(a) is refused, the prosecutor is not prevented from making a motion under paragraph (1.1)(b) immediately after the refusal.
29(2)If the prosecutor does not make a motion under subsection (1) or (1.1) or a motion made by him or her under paragraph (1.1)(a) is refused and he or she does not make a motion under paragraph (1.1)(b) immediately after the refusal, the judge shall adjourn the proceedings and may
(a) issue a summons in prescribed form, or
(b) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.
2011, c.16, s.2; 2013, c.45, s.3
Non-appearance by defendant
29(1)If a defendant does not appear at a time and place fixed by a judge for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the laying of an information, the judge shall, on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.1)If a defendant does not appear at a time and place fixed by a judge for trial or for the resumption of a trial that has been adjourned and the proceedings were commenced by the filing of a notice of prosecution, the judge shall,
(a) on motion by the prosecutor, convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket to which the notice of prosecution corresponds if it appears to the judge that it would not be contrary to the interest of justice to do so, or
(b) on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(1.2)If a motion by a prosecutor under paragraph (1.1)(a) is refused, the prosecutor is not prevented from making a motion under paragraph (1.1)(b) immediately after the refusal.
29(2)If the prosecutor does not make a motion under subsection (1) or (1.1) or a motion made by him or her under paragraph (1.1)(a) is refused and he or she does not make a motion under paragraph (1.1)(b) immediately after the refusal, the judge shall adjourn the proceedings and may
(a) issue a summons in prescribed form, or
(b) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.
2011, c.16, s.2
Non-appearance by defendant
29(1)Where a defendant does not appear at a time and place fixed by a judge for trial or for the resumption of a trial that has been adjourned, the judge shall, on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence.
29(2)Where the prosecutor does not make a motion for the judge to proceed immediately under subsection (1), the judge shall adjourn the proceedings and may
(a) issue a summons in prescribed form, or
(b) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.