Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Fine where financial gain or avoidance of financial burden of compliance
58(1)Where, in the opinion of a judge, a defendant has committed a categorized offence for financial advantage or to avoid the financial burden of compliance with the law, the judge may, notwithstanding any maximum fine set for that offence under section 56 or 57, impose such fine as the judge considers appropriate in the circumstances.
58(2)A judge shall not impose a fine under subsection (1) unless
(a) the proceedings were commenced by the laying of an information, and
(b) the prosecutor has, before the time stated in the summons or appearance notice for the defendant to appear in court, served on the defendant a notice in prescribed form stating that a fine under subsection (1) will be sought if the defendant is convicted.
58(3)The notice referred to in subsection (2) shall inform the defendant that any written plea of guilty that the defendant may have already delivered to the office of the court will be disregarded if the defendant appears in court at the time and place set out in the summons or appearance notice and pleads to the charge in person.
1990, c.18, s.29