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P-22.1
- Provincial Offences Procedure Act
Detailled Table of Contents
Current to 1 January 2024
Provincial Offences Procedure Act
1
Definitions and application
I
PROSECUTION
Proceedings By Way Of Information
2
Commencement of proceedings by information
3
Laying of information
4
Contents of information
5
Service of appearance notice before laying of information
6
Procedure on laying of information
7
Contents and service of appearance notice and summons
8
Plea of guilty form
Ticket Procedure
9
Ticket for prescribed offences
10
Contents of ticket
11
Service of ticket
12
Filing of notice of prosecution and commencement of proceedings
13
Appearance by the defendant
14
Payment of a fixed penalty
15
Application for leave to dispute charge where fixed penalty paid
16
Conviction on non-appearance
Violation Ticket Procedure
16.1
Ticket reviewer
16.2
Violation ticket for prescribed offences
16.3
Contents of violation ticket
16.4
Service of a violation ticket
16.5
Filing a violation ticket
16.6
Electronic violation ticket
16.7
Payment of a fixed penalty and filing the notice of dispute
16.8
Payment of a fixed penalty
16.9
Notice of dispute of the charge
16.91
Conviction on default
16.92
Review of violation ticket
First Appearance and Plea
17
Language of the proceedings
18
Determination of language of proceedings
19
Translation of an information or notice of prosecution
20
Ability of judge to conduct proceedings in the official language chosen
21
Taking of plea
22
Plea of not guilty
23
Determination by judge on plea of guilty
24
Refusal to plead
25
Plea of guilty to another offence
26
Time for trial
26.1
Idem
27
Plea of guilty by signed plea of guilty form
27.1
Case management officer
Failure To Appear
28
Non-appearance by defendant – plea
29
Non-appearance by defendant – trial
30
Non-appearance by prosecutor
Trial
31
Right to defend
32
Right to examine and cross-examine witness
33
Giving of evidence
34
Exhibits
35
Witness statements
36
Service of witness statements
37
Exhibits referred to in witness statement
38
Evidence taken by Commissioner
39
Agreed facts
40
Evidence taken on another charge
41
Inference as to age
42
Presumption as to age
Attendance of Witnesses
43
Summons to witness
43.1
Witness outside the Province
44
Warrant for arrest of witness
II
SENTENCE
Disposition - General
45
Acquittal
46
Conviction
47
Record of disposition
48
Acquittal or conviction in the defendant’s absence
49
Submissions, investigation and report
50
Questioning of statement by prosecutor or defendant
51
Sentences
52
Additional penalty
53
Means to enforce payment of fine
54
Application by prosecutor for determination of means to enforce payment
Release Without Penalty
55
Release without penalty
55.1
Fine without surcharge
Fines
56
Fines for categorized offences
57
Fine where maximum fine imposed for previous conviction
58
Fine where financial gain or avoidance of financial burden of compliance
59
Consideration of time spent in custody
60
Offence category C where not stated
61
Amount of fine where not stated
Imprisonment
62
No sentence of imprisonment in absence of defendant
63
Imprisonment for category E, F and G offences
64
Imprisonment for category H and I offences
65
Maximum term of imprisonment where not stated
66
Consideration of time spent in custody
67
Serving of sentences to be consecutive
68
Commencement of term of imprisonment
69
Probation order and sentence of imprisonment
70
Fine in lieu of imprisonment for corporate defendant
71
Warrant of committal
72
Sentence served in accordance with Corrections Act
Probation Orders
73
Probation orders
74
Conditions of a probation order
75
Condition in probation order of compensation or restitution
76
Commencement and duration of probation order
77
Explanation and service of probation order
78
Variation of probation order
79
Offence not to comply with probation order
80
Continuation of probation order where defendant imprisoned
Enforcement of Fines
80.1
Fines
80.2
Payment of fine re violation ticket
81
Time for payment of fine
82
Inquiries by the judge
83
Part payment
84
Order for immediate payment of fine
85
Fine-option program
86
Default of payment of fine
87
Orders on default of payment of fine
87.1
Enforcement of fine for deemed conviction
88
Orders of seizure and sale
89
Payment order
90
Suspension order
91
Warrant of committal
92
Effect of payments on term of imprisonment
Injunctions
93
Injunctions
III
GENERAL PROVISIONS
94
Parties to an offence
95
Limitation period
96
Withdrawal of proceedings
97
Stay of proceedings
98
Jurisdiction to conduct proceedings and try defendant
99
Judge presiding at trial
100
Extension of time or limit
101
Service of notices and documents
102
Counsel or agent
103
Interpreters
104
Exception, exemption, proviso, excuse or qualification
105
Defect in the proceedings
106
Defect in a document
107
Duplicitous count
107.1
Reference to provision made offence by separate provisions
108
Joining or separation of counts, informations and trials
109
Adjournments
110
Capacity of defendant to conduct defence
111
Exceptions to proceedings held in open court
112
Warrants
113
Warrant issued in reciprocating province or territory
114
Certificates of acquittal and conviction
115
Administrative fees, fines and fixed penalties
IV
APPEALS AND SETTING ASIDE
116
Appeals
117
Setting aside of conviction
117.1
Setting aside a deemed conviction
V
ARREST, BAIL AND SEARCH ANDSEIZURE
Arrest
118
Arrest under a warrant and bringing defendant before judge
119
Arrest without a warrant
120
Assistance to a peace officer
121
Use of force or other powers of arrest
122
Notice to person arrested
123
Release after arrest by peace officer
124
Release after arrest by officer in charge or peace officer
125
Defendant brought before judge
Bail
126
Commencement of proceedings
127
Use of interpreter
128
Orders to ensure attendance of defendant
129
Trial date when defendant in custody
130
Application for review
131
Enforcement of recognizance
132
Forfeiture of deposit
Search and Seizure
133
Search of a person
134
Search of a place, container or vehicle
135
Search of a vehicle or container without warrant
136
Seizures
137
Limitations on powers to search
138
Application for search warrant
139
Warrants and telewarrants
140
Expiration and execution of search warrant
141
Procedure when things seized
142
Filing of copy of search warrant and written report
142.1
Seizure without warrant
143
Disposition of things seized
144
Solicitor-client privilege
145
Publication or broadcasting of information relating to a search warrant
VI
REGULATIONS
146
Regulations
147
Rules
VII
COMMENCEMENT AND TRANSITION
148
Summary Convictions Act
149
Transition
150
Commencement