Warrant of committal
91(1)Subject to subsection (1.1), a warrant of committal in prescribed form may be issued in relation to a defendant
(a)
if an order for seizure and sale has been issued in respect of a defendant who is not a corporation, when the sheriff returns the order for seizure and sale to the office of the court accompanied by a statement in prescribed form to the effect that the order cannot be executed or that the execution of the order has not resulted in full payment of the fine,
(b)
if a payment order has been issued, when payment is not made to the office of the court in accordance with the terms of the order,
(c)
if a suspension order has been issued, when thirty days have elapsed from the date of service of the order and the fine has not been paid, and
(d)
in any other case, when a defendant who is not a corporation is in default of payment of a fine.
91(1.1)A warrant of committal shall not be issued under subsection (1) as a result of default of payment of a fine in respect of a ticket or violation ticket.
91(2)A warrant of committal is sufficient authority
(a)
for a peace officer or sheriff to arrest the defendant and convey the defendant to a correctional institution for the purpose of committal under the warrant, and
(b)
for the reception and detention of the defendant by officers of a correctional institution in accordance with the terms of the warrant.
91(3)Imprisonment under a warrant issued under subsection (1) shall be for three days, plus one day for each fifty dollars or part of fifty dollars of the fine, subject to a maximum period of one hundred and eighty days.
1990, c.18, s.50; 1991, c.29, s.16; 1992, c.41, s.4; 2005, c.15, s.4; 2009, c.29, s.6; 2017, c.58, s.15