Statutes of Newfoundland 1992 Chapter 51

This is an official version.

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland 1992

CHAPTER 51 CHAPTER 51

AN ACT TO AMEND THE SUMMARY
PROCEEDINGS ACT, THE LIQUOR CONTROL ACT AND THE MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT
(Assented to December 23, 1992)

Analysis

SUMMARY PROCEEDINGS ACT

1. S.2(b) Amdt.
Definitions

2. PART II R&S
PROVINCIAL TICKET OFFENCES
15. Provincial ticket offences
16. Service of ticket
17. Parking ticket
18. Payment out of court
19. Failure to respond to ticket
20. Service out of jurisdiction

LIQUOR CONTROL ACT

3. S.27 Amdt.
Licences
S.77 Amdt.
Consumption of liquor in a public place
S.80 Amdt.
Alcoholic liquor in motor vehicle

MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

4. S.10 Amdt.
Driving on a highway

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
SUMMARY PROCEEDINGS ACT

RSN 1990 cS-30

1. Paragraph 2(b) of the Summary Proceedings Act is repealed and the following substituted:

(b) "judge" means a Provincial Court judge and for the purposes of Part II includes a justice as defined in the Justices Act;

2. Part II of the Act is repealed and the following substituted:

PART II
PROVINCIAL TICKET OFFENCES

Provincial ticket offences

15. (1) For the contravention of

(a) a provision of the Highway of Traffic Act or a regulation made under that Act;

(b) a provision relating to the regulation of traffic, of the City of St. John's Act, the City of Corner Brook Act, the City of Mount Pearl Act or the Municipalities Act or of a regulation or by-law, regulating traffic of a city, town or municipality incorporated or continued under either of those Acts;

(d) a provision of section 48 of the Department of Works, Services and Transportation Act, or a regulation made under that section;

(e) a provision of the Dangerous Goods Transportation Act or a regulation made under that Act;

(f) a provision of the Motorized Snow Vehicles and All-Terrain Vehicles Act or a regulation made under that Act;

(g) a provision of the Motor Carrier Act or a regulation made under that Act; or

(h) subsection 27(5), 77(1) or 80(1) of the Liquor Control Act

a complaint may be laid and a summons issued by means of a violation ticket instead of the procedure set out in the Criminal Code for laying an information and for issuing a summons.

(2) The Lieutenant-Governor in Council may make regulations

(a) prescribing the form of the violation tickets;

(b) defining a word, figure or expression used in the regulations;

(d) respecting other matters that it considers necessary for the use of the violation ticket.

(3) The use on a violation ticket of a word, figure or expression authorized under this Act shall be sufficient for all purposes to describe the offence designated by that word or expression.

(4) A peace officer or other complainant shall indicate the offence charged on the violation ticket.

Service of ticket

16. (1) Upon filling out and signing a violation ticket, the peace officer or another complainant who may be authorized by the Attorney General shall deliver the violation ticket to the person charged with an offence by it and that delivery is personal service upon that person.

(2) Service of a violation ticket may be made on a holiday.

(3) Where a violation ticket is not served in accordance with subsection (1), a violation ticket may be used by a peace officer or other complainant to lay a complaint before a justice and may be attached for information purposes to the summons issued by the court.

(4) A violation ticket shall be

(a) signed by the complainant; and

(b) deposited, together with that part of the violation ticket providing for the report of conviction, with the court.

(5) The violation ticket need not be sworn to

(a) before the violation ticket is delivered under subsection (1);

(b) where a payment out of court is made under section 18; or

(6) Where a trial of a person charged with an offence by a violation ticket is held, the ticket shall be sworn to before or at the beginning of the trial.

(7) Where a justice makes a conviction on a violation ticket related to an offence involving a motor vehicle, the justice shall complete the court record portion of the violation ticket and the Registrar of Motor Vehicles shall be notified.

Parking ticket

17. (1) Where the offence charged in a violation ticket is a breach of a provision of an Act or a regulation or by-law relating to the parking of vehicles, the violation ticket may be served by affixing it in the manner prescribed to the vehicle in respect of which the breach is charged.

(2) Where a violation ticket has been served in the manner and for an offence referred to in subsection (1) and the person summoned fails to appear at the time and place appointed in the summons, the justice presiding at the time and place appointed may order that personal service be effected.

(3) The Lieutenant-Governor in Council may make regulations providing the manner, including the opening of the vehicle, in which a violation ticket referred to in subsection (1) shall be affixed to the vehicle in respect of which the breach is charged.

(4) For an offence referred to in subsection (1), the Attorney General may by order

(a) authorize a person other than a peace officer to lay a complaint and issue a summons by means of a violation ticket; and

(b) indicate the terms and conditions of an authorization made under paragraph (a).

Payment out of court

18. (1) A violation ticket issued under this Part may include a provision informing the person to whom it is issued that he or she may pay out of court a specified sum if he or she wishes to plead guilty.

(2) A person to whom a violation ticket referred to in subsection (1) is issued is not required to appear in answer to the summons if, within the time stated in it, he or she

(a) signs the plea of guilty endorsed on the violation ticket; and

(b) delivers the violation ticket and the specified penalty to the place stated on it,

and upon so doing the person shall be considered to be convicted of the offence charged.

(3) A signature affixed to a plea of guilty on a violation ticket referred to in subsection (1) and purporting to be that of the person to whom the summons is directed is, in the absence of evidence to the contrary, proof that it is the signature of that person.

(4) Where a violation ticket and the specified penalty are delivered to the place stated in the violation ticket but the plea of guilty is not signed it shall be considered to be signed by the person to whom the violation ticket is directed.

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

(a) without a hearing; and

(b) notwithstanding an action he or she may have taken under section 19,

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

Failure to respond to ticket

19. (1) Where a person to whom a violation ticket is directed

(a) fails to pay a penalty as provided for under section 18; or

(b) fails to appear before a justice, either in person or by an agent, to respond to the charge contained in the violation ticket,

the person shall be considered to not wish to dispute the charge and the justice shall examine the violation ticket and,

(c) where the violation ticket is complete and regular on its face, the justice shall, without a hearing and without taking evidence, enter a conviction in the person's absence and either

(i) impose the set fine, or

(ii) issue a warrant for the arrest of the person; or

(d) where the violation ticket is not complete and regular on its face, the justice shall quash the proceeding and inform the person to whom the violation ticket was directed accordingly.

(2) Where, not more than 30 days after a person receives notice of his or her conviction under subsection (1), the person

(a) applies, supported by affidavit evidence, to a justice alleging he or she did not have notice of the violation ticket in time to appear in answer to it; and

(b) presents the justice with evidence which, in the absence of evidence to the contrary, appears to the justice to be a good defence to the charge,

the justice may order that the matter shall be tried.

(3) Where a justice makes an order under subsection (2), the trial shall take place and the matter shall be determined as if the person had not been convicted in default of appearance.

Service out of jurisdiction

20. Where a summons is issued for a violation of a provision referred to in subsection 15(1) against a person who resides outside the province, the summons is considered to have been served when it has been sent by registered mail to the last known or most usual place of residence of the person summoned.

LIQUOR CONTROL ACT

RSN 1990 cL-18

3. (1) Section 27 of the Liquor Control Act is amended by adding the following immediately after subsection (5):

(6) A person who contravenes subsection (5) is liable on the 1st conviction to a fine of $100 or in default of payment of the fine to imprisonment for 2 days and on each subsequent conviction to a fine of $150 or in default of payment to imprisonment for 3 days.

(2) Section 77 of the Act is amended by adding the following immediately after subsection (3):

(4) A person who contravenes subsection (1) is guilty of an offence and is liable on the 1st conviction to a fine of $100 or in default of payment of the fine to imprisonment for 2 days and on each subsequent conviction to a fine of $150 or in default of payment to imprisonment for 3 days.

(3) Section 80 of the Act is amended by renumbering it as subsection (1) and by adding the following immediately after subsection (1):

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on the 1st conviction to a fine of $100 or in default of payment of the fine to imprisonment for 2 days and on each subsequent conviction to a fine of $150 or in default of payment to imprisonment for 3 days.

MOTORIZED SNOW VEHICLES AND ALL-TERRAIN
VEHICLES ACT

RSN 1990 cM-20

4. Section 10 of the Motorized Snow Vehicles and All-Terrain Vehicles Act is amended by adding the following immediately after subsection (5):

(6) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on the 1st conviction to a fine of $100 or in default of payment of the fine to 2 days in jail and on each subsequent conviction to a fine of $150 or in default of payment to 3 days in jail.