Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Procedure on laying of information
6(1)A judge before whom an information is laid shall receive the information and may, where the judge considers it desirable to do so, hear and consider ex parte the allegations of the informant and the evidence of the informant’s witnesses.
6(2)Where the judge considers that the defendant should be required to answer to the charge, the judge shall
(a) if no appearance notice has been served,
(i) issue a summons in prescribed form; or
(ii) issue a warrant in prescribed form for the arrest of the defendant if the judge considers that it is necessary in the public interest or in the interest of the proper administration of justice to do so; or
(b) if an appearance notice has been served, confirm the appearance notice.
6(3)Where the judge does not consider that the defendant should be required to answer to the charge, the judge shall
(a) so endorse the information, and
(b) if an appearance notice has been served, cancel it and cause a notice of cancellation, in prescribed form, to be served on the defendant.