Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 46
Disposition versions

Full text
Conviction
46(1)A judge who finds a defendant guilty of the offence charged shall,
(a) convict the defendant,
(b) subject to subsections 62(1) and 73(2), impose sentence,
(c) calculate the surcharge, if any, payable under the Victims Services Act,
(c.1) if the proceedings were commenced by the filing of a notice of prosecution or notice of dispute and a fine is imposed, add the administrative fee referred to in subsection (1.1) to the combined total of the fine and the surcharge, if any, payable under the Victims Services Act, and
(d) if a fine is imposed, determine in accordance with section 53 or 54 the means that may be used to enforce payment of the fine.
46(1.1)Where a defendant is convicted of an offence and a fine is imposed, an administrative fee prescribed by regulation is payable if the proceedings were commenced by the filing of a notice of prosecution or notice of dispute.
46(2)A judge who finds a defendant guilty of the offence charged may, in addition to the action taken under subsection (1), make any other order or determination authorized by an Act.
46(3)Paragraphs (1)(c) and (c.1) and subsection (1.1) do not apply if a judge acting under subsection 16(1) or 16.9(7) or paragraph 29(1.1)(a) convicts a defendant on whom a ticket or violation ticket has been served and imposes a fine in the amount of the fixed penalty established under subsection 14(5) or 16.8(3), as the case may be.
46(4)Repealed: 2007, c.33, s.3
1990, c.18, s.24; 1992, c.41, s.2; 2007, c.33, s.3; 2008, c.29, s.8; 2011, c.16, s.6; 2017, c.58, s.8
Conviction
46(1)A judge who finds a defendant guilty of the offence charged shall,
(a) convict the defendant,
(b) subject to subsections 62(1) and 73(2), impose sentence,
(c) calculate the surcharge, if any, payable under the Victims Services Act,
(c.1) if the proceedings were commenced by the filing of a notice of prosecution and a fine is imposed, add the administrative fee referred to in subsection (1.1) to the combined total of the fine and the surcharge, if any, payable under the Victims Services Act, and
(d) if a fine is imposed, determine in accordance with section 53 or 54 the means that may be used to enforce payment of the fine.
46(1.1)Where a defendant is convicted of an offence and a fine is imposed, an administrative fee prescribed by regulation is payable if the proceedings were commenced by the filing of a notice of prosecution.
46(2)A judge who finds a defendant guilty of the offence charged may, in addition to the action taken under subsection (1), make any other order or determination authorized by an Act.
46(3)Paragraphs (1)(c) and (c.1) and subsection (1.1) do not apply if a judge acting under subsection 16(1) or paragraph 29(1.1)(a) convicts a defendant on whom a ticket has been served and imposes a fine in the amount of the fixed penalty established under subsection 14(5).
46(4)Repealed: 2007, c.33, s.3
1990, c.18, s.24; 1992, c.41, s.2; 2007, c.33, s.3; 2008, c.29, s.8; 2011, c.16, s.6
Conviction
46(1)A judge who finds a defendant guilty of the offence charged shall,
(a) convict the defendant,
(b) subject to subsections 62(1) and 73(2), impose sentence,
(c) calculate the surcharge, if any, payable under the Victims Services Act,
(c.1) if the proceedings were commenced by the filing of a notice of prosecution and a fine is imposed, add the administrative fee referred to in subsection (1.1) to the combined total of the fine and the surcharge, if any, payable under the Victims Services Act, and
(d) if a fine is imposed, determine in accordance with section 53 or 54 the means that may be used to enforce payment of the fine.
46(1.1)Where a defendant is convicted of an offence and a fine is imposed, an administrative fee prescribed by regulation is payable if the proceedings were commenced by the filing of a notice of prosecution.
46(2)A judge who finds a defendant guilty of the offence charged may, in addition to the action taken under subsection (1), make any other order or determination authorized by an Act.
46(3)Paragraphs (1)(c) and (c.1) and subsection (1.1) do not apply if a judge acting under subsection 16(1) or paragraph 29(1.1)(a) convicts a defendant on whom a ticket has been served and imposes a fine in the amount of the fixed penalty established under subsection 14(5).
46(4)Repealed: 2007, c.33, s.3
1990, c.18, s.24; 1992, c.41, s.2; 2007, c.33, s.3; 2008, c.29, s.8; 2011, c.16, s.6
Conviction
46(1)A judge who finds a defendant guilty of the offence charged shall,
(a) convict the defendant,
(b) subject to subsections 62(1) and 73(2), impose sentence,
(c) calculate the surcharge, if any, payable under the Victims Services Act,
(c.1) if the proceedings were commenced by the filing of a notice of prosecution and a fine is imposed, add the administrative fee referred to in subsection (1.1) to the combined total of the fine and the surcharge, if any, payable under the Victims Services Act, and
(d) if a fine is imposed, determine in accordance with section 53 or 54 the means that may be used to enforce payment of the fine.
46(1.1)Where a defendant is convicted of an offence and a fine is imposed, an administrative fee prescribed by regulation is payable if the proceedings were commenced by the filing of a notice of prosecution.
46(2)A judge who finds a defendant guilty of the offence charged may, in addition to the action taken under subsection (1), make any other order or determination authorized by an Act.
46(3)Paragraphs (1)(c) and (c.1) and subsection (1.1) do not apply if a judge acting under subsection 16(1) convicts a defendant on whom a ticket has been served and imposes a fine in the amount of the fixed penalty established under subsection 14(5).
46(4)Repealed: 2007, c.33, s.3
1990, c.18, s.24; 1992, c.41, s.2; 2007, c.33, s.3; 2008, c.29, s.8
Conviction
46(1)A judge who finds a defendant guilty of the offence charged shall,
(a) convict the defendant,
(b) subject to subsections 62(1) and 73(2), impose sentence,
(c) calculate the surcharge, if any, payable under the Victims Services Act,
(c.1) if the proceedings were commenced by the filing of a notice of prosecution and a fine is imposed, add the administrative fee referred to in subsection (1.1) to the combined total of the fine and the surcharge, if any, payable under the Victims Services Act, and
(d) if a fine is imposed, determine in accordance with section 53 or 54 the means that may be used to enforce payment of the fine.
46(1.1)Where a defendant is convicted of an offence and a fine is imposed, an administrative fee prescribed by regulation is payable if the proceedings were commenced by the filing of a notice of prosecution.
46(2)A judge who finds a defendant guilty of the offence charged may, in addition to the action taken under subsection (1), make any other order or determination authorized by an Act.
46(3)Paragraphs (1)(c) and (c.1) and subsection (1.1) do not apply if a judge acting under subsection 16(1) convicts a defendant on whom a ticket has been served and imposes a fine in the amount of the fixed penalty established under subsection 14(5).
46(4)Repealed: 2007, c.33, s.3
1990, c.18, s.24; 1992, c.41, s.2; 2007, c.33, s.3
Conviction
46(1)A judge who finds a defendant guilty of the offence charged shall,
(a) convict the defendant,
(b) subject to subsections 62(1) and 73(2), impose sentence,
(c) calculate the surcharge, if any, payable under the Victims Services Act, and
(d) if a fine is imposed, determine in accordance with section 53 or 54 the means that may be used to enforce payment of the fine.
46(2)A judge who finds a defendant guilty of the offence charged may, in addition to the action taken under subsection (1), make any other order or determination authorized by an Act.
46(3)Paragraph (1)(c) does not apply if a judge acting under subsection 16(1) convicts a defendant on whom a ticket has been served and imposes a fine in the amount of the fixed penalty established under subsection 14(5).
46(4)Where the combined total of the fine and any surcharge imposed under the Victims Services Act produces a sum that includes cents as well as dollars, the judge may round that total down to the nearest complete dollar.
1990, c.18, s.24; 1992, c.41, s.2