Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or 16.8(3)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13; 2016, c.37, s.157; 2017, c.58, s.12; 2019, c.2, s.119; 2020, c.25, s.91; 2022, c.28, s.44
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Justice and Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Justice and Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Justice and Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Justice and Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or 16.8(3)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13; 2016, c.37, s.157; 2017, c.58, s.12; 2019, c.2, s.119; 2020, c.25, s.91
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or 16.8(3)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13; 2016, c.37, s.157; 2017, c.58, s.12; 2019, c.2, s.119
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13; 2016, c.37, s.157; 2019, c.2, s.119
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Justice and Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Justice and Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Justice and Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Justice and Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13; 2016, c.37, s.157
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13
Fine-option program
85(0.1)The following definitions apply in this section.
“designated person” means any person designated by the Minister of Public Safety for the purposes of this section.(personne désignée)
“fine-option program” means a program under which the outstanding balance of a fine, as referred to in subsection (1), may be discharged by means of credit for work performed.(programme d’option-amende)
85(1)If the Lieutenant-Governor in Council has established by regulation a fine-option program and if the conditions prescribed by regulation are met, a defendant who has paid the portion of a fine representing a surcharge imposed under the Victims Services Act, if any, but who is unable to pay the outstanding balance of the fine may apply to be admitted into the fine-option program.
85(2)If a designated person is satisfied that the defendant satisfies the conditions referred to in subsection (1), the designated person may admit the defendant into a fine-option program.
85(2.1)A designated person shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A designated person may admit into a fine-option program a defendant who is in default of payment of the outstanding balance of a fine, as referred to in subsection (1), if the designated person is satisfied that action to enforce payment of the outstanding balance will be suspended while the defendant is in the fine-option program.
85(3)A designated person shall, when a defendant is admitted into a fine-option program, file with the office of the court a notice of the defendant’s admission into the program in the form determined by the Minister of Public Safety.
85(4)If a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a designated person files with the office of the court a notice, in the form determined by the Minister of Public Safety, of the defendant’s failure to discharge the outstanding balance of the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the outstanding balance of a fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A designated person shall file with the office of the court a notice of discharge of the outstanding balance of a fine, in the form determined by the Minister of Public Safety, when the defendant has discharged that outstanding balance under the fine-option program.
85(7)Where a notice of discharge of the outstanding balance of a fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
85(8)For greater certainty, a surcharge imposed under the Victims Services Act, whether included in the fixed penalty under paragraph 14(5)(c) or calculated by the judge under paragraph 46(1)(c), shall not be discharged under a fine-option program.
1990, c.18, s.46; 2011, c.16, s.13
Fine-option program
85(1)Where the Lieutenant-Governor in Council has established by regulation a fine-option program under which a fine may be discharged by means of credit for work performed, a defendant who is unable to pay a fine may apply to a probation officer to be admitted into a fine-option program.
85(2)Where a probation officer is satisfied that the defendant satisfies the conditions established by regulation, the probation officer may admit the defendant into a fine-option program.
85(2.1)A probation officer shall not admit into a fine-option program a defendant who is detained under section 84.
85(2.2)A probation officer may admit into a fine-option program a defendant who is in default of payment of a fine if the probation officer is satisfied that action to enforce payment of the fine will be suspended while the defendant is in the fine-option program.
85(3)A probation officer shall, when a defendant is admitted into a fine-option program file with the office of the court a notice in prescribed form of the defendant’s admission into the program.
85(4)Where a notice of admission is filed with the office of the court under subsection (3), no order or warrant shall subsequently be issued under section 87 unless a probation officer files with the office of the court a notice in prescribed form of the defendant’s failure to discharge the fine in accordance with the fine-option program.
85(5)A notice of failure to discharge the fine shall state the amount of the fine that, taking into account the credits earned by the defendant for work performed under the fine-option program, remains outstanding.
85(6)A probation officer shall file with the office of the court a notice in prescribed form of discharge of fine when the defendant has discharged the fine under the fine-option program.
85(7)Where a notice of discharge of fine is filed with the office of the court under subsection (6), the defendant shall be deemed to have paid the fine in full.
1990, c.18, s.46