Summary Conviction Procedures Act

(1) The provisions of the Criminal Code relating to summary conviction offences apply, with such modifications as the circumstances require, to all offences created by an enactment or municipal bylaw, except to the extent that the enactment or bylaw or this Act or the regulations made under this Act provide otherwise.

(2) Subsections 145(2), (4) to (6), (8) to (11) and 803(2) and (3) of the Criminal Code do not apply to offences created by an enactment or municipal bylaw. SNWT 2008,c.8,s.16(3),(4).

(3) For greater certainty, the provisions of the Criminal Code relating to an appeal in respect of a summary conviction matter or proceeding apply to appeals of all summary conviction matters or proceedings created by an enactment or municipal bylaw or by this Act or the regulations made under this Act, except to the extent that the enactment or bylaw or this Act or the regulations made under this Act provide otherwise.

(4) For the purposes of this Act, a reference to "Attorney General" in the Criminal Code is,

SNWT 2022,c.3,s.3(2).

(1) A justice may take any of the actions set out in subsection (1.1) if a person who is accused of committing an offence under an enactment or a municipal bylaw

and fails to appear before a justice at the time and place appointed in the undertaking, appearance notice, summons or release order, or having appeared before a justice fails to attend before a justice as required after that by the justice or does not appear for the resumption of a trial that has been adjourned.

(1.1) For the purposes of subsection (1), a justice may

(2) Where proceedings are adjourned under paragraph (1.1)(a) and the person fails to appear before a justice at the time and place appointed in the summons, a justice may

(3) Where an appearance notice has been issued or a summons has been served, a justice may proceed under paragraph (1.1)(b), (c) or (d) or subsection (2), only where it is proved that the issue of the appearance notice or service of the summons was made within a reasonable time before the appearance was required. SNWT 2008,c.8,s.16(4); SNWT 2010,c.7,s.2; SNWT 2022,c.3,s.3(3),(4),(6).

(1) A ticket must consist of the following parts:

(2) The use on a ticket of any word, figure, expression or device or any combination of them to designate an offence under an enactment or municipal bylaw to which this Act applies is sufficient for all purposes to describe the offence designated. SNWT 2008,c.8,s.16(4).

(1) In this section,

"parent" includes, in respect of another person, any person who is under a legal duty to provide for that other person or any person who has, in law or in fact, the custody or control of that other person; (père ou mère)

"peace officer" means

(2) A peace officer shall indicate on the ticket the offence charged in the prescribed manner.

(3) On completing a ticket and affixing his or her signature to it in the space provided for that purpose, the peace officer shall deliver the summons

and the delivery shall be deemed to be personal service of the summons on that person or the owner of the vehicle, as the case may be.

(4) Where the summons is not delivered by a peace officer in accordance with subsection (3), the information may be used to lay an information before a justice, in which case the summons may, for the purpose of information only, be attached to the summons issued by the justice.

(5) If a summons has been issued to a young person, a peace officer shall make reasonable efforts to serve a copy of the summons on the young person’s parent.

(6) Either before or after delivery of the summons to the person charged, an information must be signed by an informant and the facts set out in the information must be sworn to before a justice.

(6.1) Notwithstanding subsection (6), an information does not have to be sworn to before a justice if an accused is deemed to have been charged and convicted under subsection 11(3).

(7) The failure to set out in a ticket any information respecting age, birthday, occupation or other similar matter called for by the ticket, does not invalidate the ticket or any part of the ticket.

(8) The failure to serve the summons on the young person’s parent does not invalidate any proceedings under this Act.

(9) A summons may be delivered on a holiday and an information need not be sworn to before the summons is delivered. SNWT 2008,c.8,s.16(4); SNWT 2010,c.7,s.4; SNWT 2022,c.3,s.3(8).

(1) In this section,

"accused" means the person to whom a summons is directed; (prévenu)

"summons" means a ticket summons referred to in subsection (2). (assignation)

(2) The Commissioner, on the recommendation of the Minister, may prescribe a form of ticket summons under subsection 9(1) having an additional part or endorsement on it to the effect that the accused may pay a specified penalty out of court if he or she wishes to plead guilty.

(3) An accused is not required to appear in answer to a summons, and is deemed to have been charged with the offence set out in the information, and convicted of the offence charged if, within the time stated in the ticket, the accused

(4) A signature affixed to a plea of guilty on a summons and purporting to be that of the accused is, in the absence of evidence to the contrary, proof that it is the signature of that person.

(5) Where a summons and the specified penalty are delivered to the place stated in the summons but the plea of guilty in the summons is not signed, it shall be presumed, unless the contrary is established, to be signed by the accused.

(6) Where a summons and the specified penalty are delivered to the place stated in the summons after the time stated in the summons as being allowed for the delivery, a justice may,

direct that the summons and specified penalty be accepted as if they had been delivered within the time allowed.

(7) The Commissioner, on the recommendation of the Minister, may prescribe in respect of a summons

(8) A municipal council may, by bylaw, provide for, in respect of a summons,

SNWT 2008,c.8,s.16(4),(6); SNWT 2010,c.7,s.5; SNWT 2022,c.3,s.3(9).