Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 7
Disposition versions

Full text
Contents and service of appearance notice and summons
7(1)A summons and an appearance notice shall
(a) be directed to the defendant,
(b) set out briefly the offence with which the defendant is charged,
(c) state the time and place at which the defendant is to appear in court in order to be dealt with according to law,
(d) state that the defendant has the right to choose the official language in which the proceedings will be conducted,
(e) state that the defendant has the right to retain and instruct counsel, and
(f) state that if the defendant does not appear at the time and place stated in the summons or appearance notice, the trial may be conducted in the defendant’s absence.
7(2)A summons shall be served either by personal service in accordance with subsection 101(2) or by sending it by mail in accordance with subsection 101(4).
7(3)An appearance notice shall be served by delivering it to the defendant personally.
7(4)A person who serves an appearance notice shall ask the defendant to sign a duplicate of the appearance notice but, if the defendant fails or refuses to sign, the person serving the appearance notice shall so certify on the duplicate, and the lack of the defendant’s signature shall not invalidate the appearance notice nor form the basis of an objection to it.
7(5)Where, on the duplicate of the appearance notice kept by the person serving the appearance notice, a certificate in prescribed form is signed certifying that
(a) the appearance notice was delivered to the defendant personally, and
(b) the appearance notice was completed in the same manner as the duplicate kept by the person serving the appearance notice,
it shall be deemed, in the absence of evidence to the contrary, that the appearance notice was served and completed in the manner stated in the certificate and that the contents of the duplicate accurately reflect the contents of the appearance notice.
1990, c.18, s.2