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Statutes of Newfoundland 1995


CHAPTER P-31

CHAPTER P-31.1

AN ACT RESPECTING PROVINCIAL OFFENCES

(Assented to December 21, 1995)

Analysis

1. Short title

2. Interpretation

PART I
SUMMARY
PROCEEDINGS

3. Application of Act

4. Penal proceedings

5. Statute without penalty

6. Criminal Code adopted

7. Time limitation

8. Description of ownership

9. Fiat of Attorney General

PART II
PROCEDURE ON USE OF TICKETS

10. Use of tickets

11. Issuing and contents of tickets

12. Electronic format

13. Notice to appear

14. Service

15. Parking tickets

16. Time for service

17. Proof of service

18. Proof of service

19. Not guilty plea and notice of trial

20. Delivery to judge

21. Voluntary fine

22. Endorsement on ticket re conviction

23. Conviction and fine

24. New trial

25. Arrest for failure to appear

26. Ticket unsworn

27. Judge to notify Registrar of Motor Vehicles

28. Appearance not required

29. Failure to appear

30. Judge may infer information from ticket

31. Regulations

PART III
RECOVERY OF FINES

32. Late payment penalty

33. Judgment on failure to pay fine

34. Crown may refuse to renew instruments

35. Demand on third party

36. Recovery by seizure

37. Extension of time for payment

38. Fines option program

39. Young Persons Offences Act to prevail

40. Fine is revenue of the Crown

PART IV
INQUIRIES

41. Definitions

42. Fire inquiry

43. Minister may order inquiry

44. Powers of judge

45. Commission evidence

46. Public inquiry

47. Attendance at inquiry

48. Witnesses

49. Report of judge

50. Incriminating answers

PART V
GENERAL

51. Records

52. Regulations

53. Consequential amendments

54. RSN1990 cS-30 Rep.

55. Commencement

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


Short title

1. This Act may be cited as the Provincial Offences Act.

Interpretation

2. (1) In this Act

(a) "court" means the Provincial Court of Newfoundland established by the Provincial Court Act, 1991;

(b) "enactment" means a provincial statute, subordinate legislation as defined by the Statutes and Subordinate Legislation Act, or a municipal regulation or by-law;

(c) "judge" means a Provincial Court judge and for the purpose of Part II includes a justice of the peace under the Justices Act;

(d) "minister" means the Minister of Justice;

(e) "municipal regulation or by-law" includes a regulation, order or by-law made under the authority of an Act by a city, town, municipality, community council or local service district;

(f) "offence" means an offence under an enactment;

(g) "peace officer" means a peace officer as defined in the Criminal Code; and

(h) "prescribed fine" means the fine prescribed by regulations under this Act or the fine otherwise established by law and includes a late payment penalty payable under this or another Act.

(2) Where the amount of a fine prescribed by regulation under the Act conflicts with the amount of a fine otherwise established by law the amount established by the regulations made under this Act shall prevail.

PART I
SUMMARY PROCEEDINGS

Application of Act

3. Subject to special provisions otherwise enacted, this Act applies to, and a judge may try in a summary manner without a jury,

(a) a case in which a person is charged with having committed an offence over which the Legislature has legislative authority and for which that person is liable, on summary conviction, to imprisonment, fine, penalty or other punishment;

(b) a case in which a complaint is made to a judge in relation to a matter over which the Legislature has legislative authority and with respect to which a judge has authority by law to make an order for the payment of money or otherwise; and

(c) a proceeding in which an application is made to the court in relation to a matter over which the Legislature has legislative authority and with respect to which a judge is given authority to make an order for relief.

Penal proceedings

4. (1) Except where it is otherwise provided, a penalty or imprisonment prescribed under an enactment shall be recovered or enforced on summary conviction before a judge.

(2) A court remedy for an act or omission is not suspended or affected for the reason that the act or omission is an offence.

Statute without penalty

5. A person who, without lawful excuse, contravenes a provision of an enactment by wilfully doing anything that the provision prohibits or by wilfully omitting to do anything that the provision requires to be done is, unless some penalty or punishment is expressly provided by law, guilty of an offence and liable on summary conviction to a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than 30 days or to both a fine and imprisonment.

Criminal Code adopted

6. (1) Except where and to the extent that it is otherwise specifically enacted, the provisions of the Criminal Code respecting summary convictions and the proceedings relating to them apply, with the necessary changes, in respect of offences and orders and proceedings relating to the offences and orders made or to be made under this Act.

(2) Without restricting the generality of subsection (1), the provisions of sections 21 and 22 and Parts XVI, XVIII, XXII, XXIII, XXVI and XXVII and sections 463 to 465, 484 to 490, 492.1 and 492.2, 770 to 773 and 783 of the Criminal Code apply, with the necessary changes, to matters to which this Act apply.

(3) A matter or thing that is seized shall, if no other provision is made respecting it, be dealt with according to the provisions of the Criminal Code.

(4) For the purpose of this section, "proceedings" includes proceedings commenced by means of a ticket issued under this Act.

Time limitation

7. An information or complaint under this Act may be laid or made before a day 12 months from the day when the matter of the information or complaint arose unless another time limit is provided for in the enactment.

Description of ownership

8. (1) Where, in an information, complaint, application or proceeding on the information, complaint, application or proceeding, it is necessary

(a) to state the ownership of property belonging to or in possession of partners, joint tenants or tenants in common; or

(b) to mention partners, joint tenants or tenants in common,

it is sufficient to name one of those persons and refer to only the fact of others.

(2) Where, in an information, complaint, application or proceeding, it is necessary to describe

(a) the ownership of a work or building made, maintained or repaired at the expense of the government of the province, or a public authority or body; or

(b) materials used in relation to the making, altering or repairing of that work or building,

it may be described as the property of the Crown, the public authority or body.

Fiat of Attorney General

9. A document purporting to be the fiat, order or consent of the Attorney General or other minister of the Crown for or to the institution of proceedings in a particular form, and purporting to be signed by the Attorney General or other minister shall be admissible without further proof.

PART II
PROCEDURE ON USE OF TICKETS

Use of tickets

10. (1) In addition to the procedure set out in the Criminal Code for the commencement of proceedings by laying an information, proceedings in respect of an offence may be commenced by means of a ticket issued under this Act.

(2) A ticket shall be in at least 2 parts, namely:

(a) a complaint; and

(b) a notice to appear.

(3) For the purpose of subsection 6(1) and subsection (1) of this section, a complaint shall be dealt with as if it were an information, except that

(a) it need not be laid before a judge;

(b) it need not be made under oath or affirmation; and

(c) it shall not charge more than one offence or relate to more than one matter of complaint.

Issuing and contents of tickets

11. (1) A ticket may be issued by a peace officer or any other person having responsibility for the enforcement of a provision of an enactment, and the signature on a ticket of the person who issued the ticket is, in the absence of evidence to the contrary, proof of his or her authority to issue the ticket.

(2) The person who issues a ticket shall, on the ticket,

(a) set out the name of the person to whom the ticket is issued;

(b) describe the offence that the person to whom the ticket is issued is alleged to have committed; and

(c) specify the day on which, and the place where, the offence is alleged to have been committed.

(3) The description of an offence on a ticket by the person who issued the ticket shall be considered to be sufficient for all purposes if the offence is described

(a) by using a general word or expression;

(b) by referring to a provision of an enactment;

(c) by marking or identifying a word or expression printed on the ticket; or

(d) by using a word, expression or symbol authorized by the regulations for the description of the offence.

(4) Notwithstanding paragraph (2)(a), where a ticket is issued in relation to an offence with respect to the parking of a vehicle or with respect to leaving a vehicle unattended, the person who issues the ticket need not set out the name of the person to whom the ticket is issued, but he or she shall set out on the ticket

(a) the licence number of the vehicle, if a licence plate is attached to the vehicle; or

(b) a description of the vehicle sufficient to distinguish it from other vehicles.

Electronic format

12. (1) Notwithstanding another provision of this Act, a ticket referred to in section 10 or 11 may be completed and signed by electronic means in an electronic format and may be filed by direct electronic transmission if the completion, signature and filing are in accordance with the regulations.

(2) A printed copy of a ticket filed under subsection (1) is considered to have been filed as the original document if it is printed in accordance with the regulations and for the purpose of disposing of a charge under this Act.

Notice to appear

13. (1) A notice to appear shall contain

(a) a statement as to the time and place at which the person to whom the ticket was issued is to appear in court in person or by agent to answer to the charge specified on the ticket; and

(b) an endorsement to the effect that the person may plead not guilty by signing the plea of not guilty on the notice to appear, and delivering the notice, within the time specified in the notice, to the place specified in the notice.

(2) For the purpose of section 6, a notice to appear shall be dealt with as if it were a summons.

(3) A summons issued in respect of a complaint may be served in any manner in which a ticket may be served under this Act.

Service

14. (1) A summons or ticket issued under this Part shall be served

(a) by delivery personally by a peace officer, or by another person who may be so authorized by an enactment or by the Attorney General, to the person to whom the summons or ticket is directed or where the person cannot conveniently be found, by leaving it for him or her at his or her last known or usual place of residence with a resident of that place who appears to be at least 16 years of age; or

(b) by mailing the summons or ticket to the person to whom it is directed by registered mail.

(2) Where a summons or ticket is directed to a person who lives outside of the province the summons, ticket or application 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 that person.

(3) A warrant, summons, ticket, or other document issued, given or entered into under this Act may be issued, executed, given or entered into on a holiday.

(4) Service of a summons or ticket on a corporation may be effected by delivering the summons or ticket personally to an employee, officer or director of the corporation, or by mailing the summons or ticket by registered mail to the corporation.

(5) Service of a ticket or summons in accordance with this section shall be considered to be personal service of the ticket or summons on the person to whom the ticket or summons was issued.

(6) Subject to sections 23, 24 and 25, a ticket or summons served in accordance with paragraph (1)(b), subsection (2) or (4) shall be considered to have been served on the seventh day after the day on which the notice to appear is mailed.

(7) For the purpose of subsection (1), (2) or (4) where a ticket or summons is issued to a person and the post office address of the person appears in records maintained by the government of the province, of a city or of a municipality, that address shall be considered to be a last known address of the person unless it is shown that the person who issued the ticket knew of a more recent post office address of the person.

(8) Where a ticket is not served in accordance with subsection (1), (2) or (4), a ticket may be used by a peace officer or other complainant to lay a complaint before a judge and may be attached for information purposes to the summons issued by the court.

(9) A copy of an entry in a record to which subsection (7) applies purporting to be signed by a person having custody of the record shall be accepted as evidence of the information contained in it without proof of this signature of the person or of his or her official capacity.

Parking tickets

15. (1) Where the offence charged in a ticket is a breach of a provision of an enactment relating to the parking of vehicles, the ticket may be served by affixing it in any manner to the vehicle in respect of which the breach is charged.

(2) Where a 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 notice to appear, the judge presiding at the time and place appointed may order that personal service be effected.

(3) 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 notice to appear by means of a ticket; and

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

(4) Service of a ticket in accordance with this section shall be considered to be personal service of the ticket on the owner of the vehicle in respect of which the ticket was issued, and the owner of the vehicle shall be considered to be the person to whom the ticket was issued for the purpose of this Act.

Time for service

16. (1) Where a ticket is issued, it shall be served within 30 days after the day on which it was issued.

(2) This section applies to the service of a summons issued in respect of a complaint under subsection 14(8) as if it were a ticket.

Proof of service

17. (1) Where service of a ticket is made under section 14 or 15 the person who served the ticket shall

(a) certify on the complaint that he or she delivered the notice to appear to the person to whom the ticket was issued or that he or she attached the notice to appear to the vehicle and the date of service; or

(b) complete an affidavit of service.

(2) Where service of a ticket or a summons issued in respect of a complaint is made otherwise than under section 14 or 15, the person who served the ticket or summons shall complete an affidavit of service.

(3) Personal service of a summons or other document may be proved by an affidavit of service by the person who made the service.

(4) Service of a summons, ticket or other document by mail may be proved by the production of the acknowledgement of receipt card or proof or delivery card purporting to be signed by the person who accepted the document.

Proof of service

18. An affidavit or certificate of service purporting to be signed by the person who served the ticket or summons shall be received in evidence and is proof of service in the absence of evidence to the contrary.

Not guilty plea and notice of trial

19. (1) Where a plea of not guilty is signed, and the notice to appear is delivered, under paragraph 13(1)(b), a notice of trial in the prescribed form shall be served upon the person as soon as it is practicable to do so.

(2) Except where a person is served with a notice of trial, a person to whom a ticket was issued is not required to appear in court to answer to the charge.

(3) A notice of trial may be served in any manner in which a ticket may be served under this Act and has the same effect as a summons.

Delivery to judge

20. (1) Where a ticket, other than a ticket containing an endorsement under section 21, has been served under section 14 or 15, the complaint shall be delivered to a judge as soon as possible after the ticket has been served.

(2) Where a ticket containing an endorsement under section 21 has been served under section 14 or 15 and the fine is not delivered in accordance with subsection 21(2), the ticket shall be delivered to a judge as soon as possible after the expiration of the time specified for the delivery of the fine.

Voluntary fine

21. (1) Where authorized by the regulations, a ticket may contain an endorsement to the effect that the person to whom the ticket is issued may, where he or she wishes to plead guilty, pay the prescribed fine for the offence instead of appearing in court to answer the charge.

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

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

(b) delivers the ticket and the prescribed fine to the place stated on it,

and upon so doing the person shall be considered to be convicted of the offence charged, and sentenced to the fine prescribed for the offence and to any other mandatory penalty, order or forfeiture.

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

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

(5) Notwithstanding any other enactment, no imprisonment shall be imposed under subsection (2) unless it is a mandatory period of imprisonment or imprisonment in default of payment of the fine.

(6) Where a ticket and the prescribed fine are delivered to the place stated in the ticket after the time stated in it as being allowed for the delivery, a judge may,

(a) without a hearing; and

(b) notwithstanding any other action he or she may have taken,

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

(7) Subject to section 28, a peace officer or any other person having responsibility for the enforcement of a provision of an enactment, may issue a ticket in respect of an offence to which this section applies requiring the person to whom the ticket is issued to appear in court to answer to the charge, without the option of paying a fine as set out in section 21 but the endorsements referred to in sections 21 and 22 shall not appear on a ticket issued under this subsection.

(8) Where a ticket endorsed under section 21 is served, the person who serves the ticket shall not receive payment of money in respect of the payment of the fine under section 21.

Endorsement on ticket re conviction

22. (1) Where authorized by the regulations, the complaint and notice to appear parts of a ticket endorsed as provided by section 21 may contain also an endorsement to the effect that, if the person to whom the ticket is issued does not deliver the fine in accordance with the endorsement or appear in court to answer to the charge or plead not guilty under paragraph 13(1)(b) the person may be convicted, in his or her absence, of the offence specified in the ticket.

(2) Where a person who has been served with a ticket containing an endorsement under subsection (1) does not appear in person or by agent to answer to the charge at the time stated in the notice to appear or plead not guilty under paragraph 13(1)(b), and the fine is not delivered in accordance with section 21, a judge may, upon proof of the service of the ticket in accordance with section 14 or 15 find the person guilty of the offence.

Conviction and fine

23. (1) Upon the entry of a finding of guilt under subsection 22(2), the judge shall examine the complaint, and where the judge is satisfied that

(a) the complaint is complete and regular on its face;

(b) payment has not been made under section 21;

(c) a plea of not guilty has not been signed and delivered under paragraph 13(1)(b); and

(d) the person has not been excused from the need to appear in court under section 28,

the judge shall, without a hearing and without taking evidence, enter a conviction in the absence of the person, and shall impose upon the person the prescribed fine in addition to any other mandatory penalty, order or forfeiture, or issue a warrant for the arrest of the person.

(2) Where a judge believes that the conditions for entering a conviction under subsection (1) have not been met, he or she shall quash the proceeding.

(3) Where a judge enters a conviction under subsection (1), the court shall, by mail, certify to the defendant the entry of the conviction and the defendant's right to apply for a hearing under section 24.

(4) Notwithstanding any other enactment, no imprisonment shall be imposed under subsection (1) unless it is a mandatory minimum period of imprisonment or imprisonment in default of payment of the fine.

New trial

24. (1) Where a person has been convicted in default of appearance and it is made to appear to a judge, by affidavit, upon the unilateral application of the person made before the expiration of 60 days from the date he or she received notice of the conviction, that

(a) he or she did not have notice of the summons or ticket in time to appear in answer to it; and

(b) he or she presents the judge with evidence that, in the absence of evidence to the contrary, appears to the judge to be a good defence to the charge,

the judge may order that the matter be re-opened.

(2) Where a judge makes an order under subsection (1) the trial shall take place and the matter shall be determined as if the person had not been convicted in default of appearance.

(3) The judge may require submissions under subsection (1) to be made orally under oath before him or her.

Arrest for failure to appear

25. (1) Where a person who has been served with a ticket or summons under section 14 is required to appear in person or by agent to answer to the charge and he or she does not do so, a judge may, upon proof of the service of the ticket in accordance with section 14, issue a warrant for the arrest of the person.

(2) Where a person has been served with a ticket or summons under section 14 and is arrested upon a warrant issued under subsection (1), he or she shall be taken before a judge within a period of 24 hours after the arrest or as soon as possible, and if it appears to the judge that the person in fact did not receive notice of his or her obligation to appear in court in person or by agent to answer to the charge, the judge shall issue a summons to the person and order that the person be immediately released from custody.

(3) A warrant for the arrest of a person under subsection (1) shall not be issued until a complaint is sworn.

Ticket unsworn

26. (1) A ticket need not be sworn to

(a) before the ticket is delivered under section 20;

(b) where a voluntary payment is made under section 21; or

(c) where the charge alleged in the ticket is dealt with by a judge under subsection 23(1) or (2).

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

Judge to notify Registrar of Motor Vehicles

27. Where a judge makes a conviction related to

(a) an offence involving a motor vehicle;

(b) an offence initiated by a ticket; or

(c) an offence under the Criminal Code for which a fine payable to the Crown in right of the province is imposed,

the judge shall notify the Registrar of Motor Vehicles of the conviction.

Appearance not required

28. Notwithstanding another provision of this Act, a person who has been served with a ticket or summons is not required to appear in court in person or by agent to answer to the charge at the time stated in the notice to appear or summons if, before that time,

(a) he or she enters a plea of guilty before a judge in the manner and within the time period prescribed for doing so; or

(b) he or she enters a plea of not guilty in the manner and within the time period prescribed for doing so; or

(c) he or she obtains an adjournment of the proceedings in the manner and within the time prescribed for doing so.

Failure to appear

29. (1) Where a person, who has been served with a ticket or summons, is required to appear in person or by agent to answer to the charge and he or she does not do so at the time specified, a judge may, upon proof of the service of the ticket or summons, enter a plea of not guilty on behalf of the person, set a time convenient to the prosecutor for a hearing of the charge, in the absence of the person served, and adjourn the proceedings to that time.

(2) Where a judge has set a time for a hearing of the charge, in the absence of the person served, the judge may

(a) further adjourn the proceedings; and

(b) in all other respects conduct the proceedings and hear and determine the charge in the absence of the person who was required to appear in court in person or by agent as fully and effectually as if the person had appeared in person or by agent.

Judge may infer information from ticket

30. (1) To the extent that the form of one part of a ticket prescribed for use under this Act corresponds with the form of another part of the ticket, a judge may infer from the information set out in one part of a ticket produced to him or her that the same information is set out in a part of the ticket not produced to him or her.

(2) Failure to complete information required in a complaint does not invalidate the complaint where

(a) the person to whom the ticket is issued is identified with reasonable clarity;

(b) the offence with which the person is charged is described adequately;

(c) the date when the offence is alleged to have occurred is specified with reasonable accuracy; and

(d) the place where the offence is alleged to have occurred is specified with reasonable precision.

Regulations

31. The Lieutenant-Governor in Council may make regulations

(a) specifying the offences against enactments in respect of which proceedings may or may not be commenced by means of a ticket issued under this Act;

(b) providing the manner, including the opening of the vehicle, in which a ticket referred to in subsection 15(1) shall be affixed to the vehicle in respect of which the breach is charged;

(c) prescribing the forms of tickets to be used including the completion and signing of tickets or certifications by electronic means;

(d) prescribing the filing of tickets or certifications by direct electronic transmission;

(e) prescribing the printing of tickets or certifications filed by direct electronic transmission;

(f) prescribing the procedure for the issuing of tickets;

(g) prescribing the manner in which a date for an appearance in court or trial date is to be determined;

(h) prescribing the procedure for the acceptance of pleas;

(i) prescribing how an offence may be indicated on a ticket;

(j) authorizing the use on a ticket of any word, symbol or expression to designate an offence;

(k) prescribing time periods under this Act;

(l) requiring the keeping of records and prescribing the manner in which those records are to be kept;

(m) specifying those offences in respect of which a person may be allowed to pay a fine instead of appearing in court, and setting the amount of the fine for each offence and, where the same amount of a fine is specified for different offences, may refer to those penalties by class or group;

(n) specifying those offences to which section 21 applies;

(o) prescribing the forms to be used for the purpose of this Act;

(p) respecting the time allowed for payment of a fine; and

(q) generally, to give effect to the purpose of this Part.

PART III
RECOVERY OF FINES

Late payment penalty

32. (1) A defendant who is convicted of an offence under procedures commenced under this Act and fails to pay a fine imposed by a judge within the time allowed for payment, or if no time is allowed, immediately, shall be liable to pay a late payment penalty in addition to the fine, where no other late payment penalty is provided for.

(2) The late payment penalty referred to in subsection (1) shall be

(a) in the case of a fine which is $50 or less than $50, $5;

(b) in the case of a fine which is greater than $50 and less than or equal to $100, $10; and

(c) in the case of a fine which is greater than $100, $10 plus an additional late payment penalty of $10 for each increment of a $100 fine or part of a $100 up to a maximum late payment penalty of $100.

Judgment on failure to pay fine

33. (1) Where a fine, including a fine under the Criminal Code payable to the Crown in right of the province, is imposed on a defendant and the fine is not paid within the time allowed for payment, or immediately if no time is allowed, the Attorney General or a person authorized by the Attorney General may, by filing the conviction, enter as a judgment in the Trial Division the amount of the fine, together with an applicable late payment penalty, and the judgment is enforceable against the convicted defendant in the same manner as if it were a judgment rendered against the defendant in that court in a civil proceeding.

(2) Where an enactment provides that a fine or late payment penalty imposed on conviction for an offence enures to the benefit of a municipality, town, city, local service district or community council and the conviction has not been entered as a judgment under subsection (1), an agent of the municipality, town, city, local service district or community council may enter the amount of the fine, together with an applicable late payment penalty, payable by the convicted defendant for that offence as a judgment under subsection (1).

Crown may refuse to renew instruments

34. Where a person has not paid a fine, including a fine under the Criminal Code payable to the Crown in right of the province, imposed within the time allowed for payment, a minister may refuse to issue or renew a permit, licence or other permission or instrument which he or she has the authority to issue or renew until the fine and applicable late payment penalty are paid, and the proof of payment is the responsibility of the offender.

Demand on third party

35. (1) Where the minister knows that a person is, or is about to become, indebted to a person who has not paid a fine, including a fine imposed under the Criminal Code payable to the Crown in right of the province, the minister may demand that the person pay the money otherwise payable by him or her to the person who has not paid the fine to the minister on account of the fine or late payment penalty.

(2) The receipt of the minister for money paid by a person in response to a demand made under subsection (1) constitutes a discharge of the liability of that person to the person who had not paid the fine to the extent of the amount set out in the receipt.

(3) A person who discharges a debt to a person who has not paid a fine after receiving a demand under subsection (1) is personally liable to the Crown in an amount that is the lesser of

(a) the debt discharged between him or her and the person who had not paid the fine; and

(b) the amount of the unpaid fine together with an applicable amount as a late payment penalty.

Recovery by seizure

36. (1) The minister may obtain the amount of a fine, including a fine imposed under the Criminal Code payable to the Crown in right of the province, together with an applicable amount as a late payment penalty and for costs, by seizure

(a) of the goods and chattels of the person liable to pay the fine or late payment penalty;

(b) of the goods and chattels in the possession of the person, wherever they are found in the province; or

(c) of the goods and chattels found on the premises of that person that are the property of or in the possession of another occupant of the premises that would be subject to seizure for arrears of rent due to a landlord

and the costs chargeable shall be those payable as between a landlord and a tenant.

(2) Where a seizure is made under subsection (1) for the recovery of a fine or late payment penalty,

(a) the minister shall, by advertisement, give at least 10 days' notice of the time and place of the sale of the goods and chattels seized and the name of the person from whom they have been seized; and

(b) at the time and place stated in the notice the goods and chattels seized, or as much of them as are necessary to satisfy the claim of the minister for the unpaid fine or late payment penalty and for the expenses incidental to the seizure and sale, shall be sold at public auction.

(3) Where the goods and chattels seized are sold for more than the amount of the unpaid fine or late payment penalty and the expenses incidental to the seizure and sale, and a claim for the surplus is not made by another person on the grounds that the goods and chattels sold belonged to him or her or that the person was entitled by right to the surplus, the surplus shall be paid over to the person in whose possession the goods and chattels were when the seizure was made and his or her receipt shall be taken for it.

(4) Where the property seized is sold for more than the amount of the unpaid fine or late payment penalty and the expenses incidental to the seizure and sale, and a claim for the surplus is made by a person other than the person in whose possession the goods and chattels were when the seizure was made, then,

(a) where the claim is not contested, the surplus shall be paid to that person and his or her receipt shall be taken for it; or

(b) where the claim is contested, the minister shall retain the surplus until the respective rights of those claiming it have been determined to the minister's satisfaction.

(5) A claim by the minister under this section takes priority over a claim against goods and chattels for arrears of rent due a landlord, no matter which is first in time.

Extension of time for payment

37. (1) A person who is liable to pay a fine may, by application to a judge, request an extension, or a further extension, of the time for payment of the fine and the application shall be determined by the judge.

(2) Where a person applies for an extension of the time for payment of a fine, a judge may make those inquiries, on oath or affirmation, of and concerning the applicant that the judge considers appropriate, but the person shall not be compelled to answer.

(3) Unless the judge finds that the application for an extension of time would likely be used to evade payment, the judge shall extend the time for payment by ordering periodic payments or otherwise.

Fines option program

38. (1) The Lieutenant-Governor in Council may make regulations establishing a program to permit the payment of fines by means of credit for work performed and, for that purpose, may

(a) prescribe classes of work and the conditions under which they are to be performed;

(b) prescribe a system of credits; and

(c) generally, make regulations for the effective administration of the program.

(2) Regulations made under subsection (1) may be made to apply to the entire province or to a portion of the province as set out in them.

Young Persons Offences Act to prevail

39. To the extent this Act conflicts with the provisions of the Young Persons Offences Act the latter Act shall prevail.

Fine is revenue of the Crown

40. (1) A duty, penalty, fine or sum of money, or the proceeds of a forfeiture under an enactment, if no other provision is made respecting it, constitutes revenue of the Crown and shall be paid into the Consolidated Revenue Fund.

(2) Notwithstanding another enactment, all late payment penalties payable under section 32 are the property of the Crown.

PART IV
INQUIRIES

Definitions

41. In this Part

(a) "constable" means a member of the Royal Newfoundland Constabulary, a member of the Royal Canadian Mounted Police Force stationed in the province and a police officer employed by a city, town, municipality, community or other form of local government, constituted or incorporated under an Act of a general or special nature; and

(b) "medical practitioner" means a person who is the holder of a valid licence issued under the Medical Act.

Fire inquiry

42. Where property is damaged or destroyed by fire, a judge may hold an inquiry to ascertain the cause or origin of the fire, and shall hold that inquiry on direction of the Director of Public Prosecutions.

Minister may order inquiry

43. (1) Where a person dies and there is reasonable cause to suspect that that person died under a circumstance referred to in section 5, 6, 7 or 8 of the Investigation of Fatalities Act and the minister is of the opinion that it is necessary for the protection of the public interest or in the interest of public safety that an inquiry be held, the minister may order a judge to hold an inquiry.

Powers of judge

44. A judge where he or she holds an inquiry under this Part, including one under section 46, has the powers of a commissioner under the Public Inquiries Act.

Commission evidence

45. (1) A judge may request in writing of another judge to require a person to attend before that other judge and be examined with respect to the subject matter of an inquiry.

(2) The judge requested under subsection (1) shall transmit the proceedings and a deposition connected with the proceedings to the requesting judge and proceedings and depositions so transmitted are considered part of the evidence of an inquiry and are to be included in a report sent under section 50.

Public inquiry

46. (1) An inquiry shall be held in public.

(2) At any stage in the inquiry, the judge may, on application by a party, or otherwise, make an order directing that the evidence taken at the inquiry, or a portion of it, shall not be published or broadcast except by leave of the judge granted at a time subsequent to the inquiry.

Attendance at inquiry

47. (1) A person appointed by the Attorney General to act for the Crown may attend the inquiry and may examine and cross-examine witnesses and present arguments and submissions.

(2) A person who the presiding judge determines is an interested person may attend the inquiry and be represented by counsel and may examine and cross-examine witnesses and present arguments and submissions.

Witnesses

48. Where, in the opinion of the judge, it is necessary, witnesses at an inquiry shall be kept apart from each other or otherwise prevented from communicating with each other until they have been examined.

Report of judge

49. (1) At the conclusion of the inquiry the presiding judge shall make a written report to the Attorney General which shall contain findings as to the following:

(a) the identity of the deceased;

(b) the date, time and place of death or the fire;

(c) the circumstances under which the death or fire occurred;

(d) the cause of death or the fire; and

(e) the manner of death.

(2) A report under subsection (1) may contain recommendations as to the prevention of similar deaths or fires.

(3) The findings of the judge shall not contain findings of legal responsibility or a conclusion of law.

(4) The report of the presiding judge shall be made not later than 6 months from the date of the beginning of the inquiry unless an extension of the time is granted by the Chief Provincial Court Judge.

(5) Notwithstanding an order under subsection 47(2), the Attorney General may make available to a person, on payment of the prescribed fee, a copy of the report or a part of it.

Incriminating answers

50. (1) A witness shall not be excused from answering a question upon the ground that the answer may tend to incriminate him or her or may tend to establish his or her liability to a civil proceeding at the instance of the Crown or a person or to a prosecution under an Act.

(2) Where, with respect to a question a witness refuses to answer upon grounds set out in subsection (1), and where, but for this section or an Act of the province or Canada he or she would have been excused from answering the question then, although the witness is, because of this section or an Act of the province or Canada compelled to answer, the answer given shall not be used or receivable in evidence against him or her in a civil proceeding or in a proceeding under an Act of the Legislature.

PART V
GENERAL

Records

51. (1) A judge shall record in the prescribed manner a minute or memorandum of convictions or orders made by him or her under Parts I and II and shall note those particulars in a form that may be prescribed by the regulations.

(2) A sum paid to the court under this Act and the appropriation of that sum, shall be recorded and authenticated in a manner that may be prescribed by the regulations.

(3) Minutes, memoranda and notes made under this section shall be, in the absence of evidence to the contrary, evidence of the matters included in them.

(4) Information recorded under this section shall be open for inspection, without fee, to a person authorized in that behalf by a judge or the Attorney General.

Regulations

52. The Lieutenant-Governor in Council may make regulations to give effect to the purpose of this Act.

Consequential amendments

53. (1) Section 442 of the City of Corner Brook Act is amended by renumbering it as subsection 442(1) and by adding the following immediately after that subsection:

(2) Where a fine imposed under subsection (1) is for a ticketable offence the council shall pay to the province $5 or an amount that the Minister of Justice may order for every ticket processed by the province.

(2) Section 442 of the City of Mount Pearl Act is amended by renumbering it as subsection 442(1) and adding the following immediately after that subsection:

(2) Where a fine imposed under subsection (1) is for a ticketable offence the council shall pay to the province $5 or an amount that the Minister of Justice may order for every ticket processed by the province.

(3) Section 37 of the City of St. John's Act is amended by renumbering it as subsection 37(1) and by adding the following immediately after that subsection:

(2) Where a fine imposed, for a violation of this Act or a by-law made under it, is for a ticketable offence the city clerk shall pay to the province $5 or an amount that the Minister of Justice may order, for every ticket processed by the province.

(4) Paragraph 340.5 (1)(f) of the City of St. John's Act is amended by deleting the words "The Summary Proceedings Act" and by substituting the words "the Provincial Offences Act".

(5) Paragraph 22(1)(p) of the Dangerous Goods Transportation Act is amended by deleting the words "Summary Proceedings Act" and by substituting the words "Provincial Offences Act".

(6) Subsection 48(8) of the Department of Works, Services and Transportation Act is amended by deleting the figure "$5" and by substituting the figure "$10".

(7) The Department of Works, Services and Transportation Act is amended by adding the following immediately after section 48:

48.1 (1) A fine recovered under section 48 of the Act or under the regulations made under section 72 shall be forwarded by the court imposing the fine to the Department of Justice which shall forward the fine to the hospital or college concerned.

(2) A hospital or college referred to in subsection (1) shall pay to the province $5 or an amount that the Minister of Justice made order, for every ticket processed for it by the province.

(8) The Highway Traffic Act is amended by adding the following immediately after section 16:

16.1 Where a person who has not paid a fine, including a fine under the Criminal Code payable to the Crown in right of the province, is the holder of a driver's licence or a vehicle registration, the Registrar of Motor Vehicles shall not issue or renew the driver's licence or vehicle registration or register a transfer of a vehicle of the person where he or she has not paid the fine or an applicable late payment penalty within the time allowed for payment for an offence commenced by means of a ticket, until the fine or late payment penalty are paid, and the proof of payment is the responsibility of the person.

(9) Subsection 48(1) of the Highway Traffic Act is amended by adding the following immediately after paragraph (k):

(k.1) to a person who has not paid a fine, including a fine imposed under the Criminal Code payable to the Crown in right of the province or a late payment penalty, within the time allowed for payment;

(10) Subsection 208(1) of the Highway Traffic Act is amended by deleting the words "Summary Proceedings Act" and by substituting the words "Provincial Offences Act".

(11) Section 212 of the Highway Traffic Act is amended by adding the following immediately after subsection (2):

(3) Notwithstanding subsection (2), the province shall retain $5 or an amount that the Minister of Justice may order, for each ticket that it processes.

(12) Section 104 of the Liquor Control Act is amended by deleting the words "Summary Proceedings Act" and by substituting the words "Provincial Offences Act".

(13) Sections 119 and 120 of the Liquor Control Act are repealed.

(14) Subsection 35(6) of the Memorial University Act is amended by deleting the figure "$5" and by substituting the figure "$10".

(15) The Memorial University Act is amended by adding the following immediately after section 35:

35.1 (1) A fine recovered under section 35 of the Act or under the regulations under that section shall be forwarded by the court imposing the fine to the Department of Justice which shall forward the fine to the university.

(2) The university shall pay to the province $5, or an amount that the Minister of Justice may order, for every ticket processed by the province for a violation of this Act or the regulations made under it.

(16) Subsection 33(2) of the Motor Carrier Act is amended by deleting the words "Summary Proceedings Act" and by substituting the words "Provincial Offences Act".

(17) Section 452 of the Municipalities Act is amended by renumbering it as subsection 452(1) and by adding the following immediately after that subsection:

(2) Where a fine imposed under subsection (1) is for a ticketable offence the council, to which it relates, shall pay to the province $5, or an amount that the Minister of Justice may order, for every ticket processed by the province.

RSN1990 cS-30 Rep.

54. (1) The Summary Proceedings Act is repealed.

(2) Where this Act comes into force before the Fatalities Investigations Act comes into force, section 43 of this Act shall not apply, but sections 23 and 24 of the Summary Proceedings Act shall continue to apply, notwithstanding the repeal of the that Act, until the Fatalities Investigation Act comes into force.

Commencement

55. This Act or a Part or section shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

©Earl G. Tucker, Queen's Printer