Interpretation

474.1 

"justice" has the same meaning as in the Offence Act;

"Park Board" means the Board referred to in section 485.

Historical Note(s): 1989-30-51.

Repealed

475-480.  [Repealed 1962-36-27.]

Enforcement of laws

481.  Notwithstanding anything to the contrary contained in this or any other Act, but subject to the Administration of Justice Act and the Police Act, it is the duty of the city to bear the expense necessary to

(a) generally maintain law and order in the city;

(b) provide an office for the police force in the city and provide premises as a place of detention; and

(c) provide for the care and custody of persons held in those places of detention.

Historical Note(s): 1974-64-58, proclaimed effective November 15, 1974; 1976-32-23A, proclaimed July 8, 1976, effective November 15, 1974.

Ticket offences

482.  The Council may, by by-law, provide that for a contravention of

(a) a by-law of the city respecting street traffic made under section 125 of the Motor-vehicle Act or section 317 of this Act; or

(b) any provision under section 324,

an information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in section 11A (2) to (9) to the Summary Convictions Act, and the provisions of that section apply with the necessary changes and so far as they are applicable to this section, and for that purpose

(c) a reference to the Lieutenant-Governor in Council shall be deemed to be a reference to the Council;

(d) a reference to the Province shall be deemed to be a reference to the city; and

(e) a reference to the regulations shall be deemed to be a reference to the by-laws.

Historical Note(s): 1974-87-38; 1975-43-12; [repealed 1982-38-22, to be proclaimed].

Information and summons by ticket

482.1  (1) The Council or the Park Board may, by bylaw,

(a) designate for the purpose of this section a bylaw that comes within a category of bylaws prescribed under section 482.3 (a),

(b) designate as a bylaw enforcement officer a person who comes within a class of persons prescribed under section 482.3 (b), and

(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a bylaw.

(2) Where the Council or the Park Board has designated a bylaw under subsection (1), a bylaw enforcement officer may

(a) lay an information, and

(b) issue a summons

by means of a ticket for contravention of the bylaw.

(3) Notwithstanding section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.

(4) When laying an information by means of a ticket, a bylaw enforcement officer shall indicate on the ticket the offence charged and shall sign the ticket.

(5) The use on a ticket of

(a) any word or expression authorized by bylaw under subsection (1) (c) to designate an offence against a bylaw, or

(b) a general description of an offence against a bylaw,

shall be deemed sufficient for all purposes to describe the offence designated by that word or expression or general description.

(6) Where a fine set in accordance with subsection (10) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,

(a) pay the fine indicated on the ticket in accordance with the instructions appearing on the ticket, or

(b) in accordance with the instructions appearing on the ticket,

(i)  indicate on it that the person wishes to dispute the charge, and

(ii)  deliver it to the Council at the address indicated on the ticket.

(7) A person who pays a fine in accordance with subsection (6) shall be deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.

(8) Where an information laid by means of a ticket is filed with a Provincial Court registry by the Council, the clerk of the court shall

(a) deliver to the person who was served with the ticket a notice specifying a time and place for the appearance of the person before a justice, and

(b) provide the report or a copy of the report of a bylaw enforcement officer to the court for the purposes of sentencing but for no other purpose.

(9) Where a person who is served with a ticket

(a) has paid the fine in accordance with subsection (6), or

(b) has

(i)  appeared before a justice at the time and place specified in the notice referred to in subsection (8), and

(ii)  pleaded guilty to or been found guilty of the offence with which the person was charged in the ticket,

no conviction need be drawn up or entered unless it is required by the person convicted or by a prosecutor or under the bylaw contravened.

(10) For the purpose of subsection (6), after consultation with the chief judge of the Provincial Court the Council or the Park Board may by bylaw set a fine, not exceeding $500, for contravention of a bylaw.

(11) Where a minimum or maximum fine is established by a bylaw, the fine set under subsection (10) shall be not less than the minimum or more than the maximum fine established by the bylaw.

Historical Note(s): 1989-30-52.

Failure to respond to ticket

482.2  (1) Where a person served with a ticket under section 482.1 does not, as provided for in that section, pay the fine or indicate a wish to dispute the charge, and where not less than 14 days have elapsed after the ticket was served on the person, the person shall be deemed to wish not to dispute the charge.

(2) Where a person is deemed under subsection (1) to wish not to dispute the charge, a justice shall examine the ticket and shall,

(a) if the ticket is complete and regular on its face,

(i)  enter a conviction in the person's absence and without a hearing, and

(ii)  impose the fine set under section 482.1 (10) for the offence, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(3) Where a person who is served with a ticket has, through no fault of that person, not had an opportunity to appear before a justice and enter a plea in respect of the offence charged, and where not more than 30 days have elapsed since the conviction first came to the person's attention, the person may appear before a justice.

(4) Where a person appears before a justice under subsection (3), the justice, on being satisfied of the facts by affidavit in the prescribed form, shall strike out the conviction, if any, and set a date for a trial of the matter and inform the person of the date or, where the person pleads guilty to the offence, dispose of the matter as provided in subsection (2).

(5) Where a conviction is struck out under subsection (4), the justice shall give the defendant a certificate of the fact in the prescribed form.

(6) Nothing in subsection (1) shall be construed as abrogating the right of any person to appeal the conviction under section 92 of the Offence Act.

Historical Note(s): 1989-30-52.

Regulations

482.3  The Lieutenant Governor in Council may make regulations

(a) prescribing, by reference to their subject matter or otherwise, categories of bylaws for the purpose of section 482.1 (1) (a),

(b) prescribing classes of persons for the purpose of section 482.1 (1) (b),

(c) prescribing the form and content of the tickets issued under section 482.1, and

(d) prescribing the form of a certificate under section 482.2 (5).

Historical Note(s): 1989-30-52.

Disposal of property by police

483.  (1) The Council may, by by-law, provide for the disposal of property that has come into the possession of a member of the police force in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto.

(2) The by-law may authorize the sale of the property referred to in subsection (1) and the application of the proceeds of the sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes: —

(a) The expense of carrying out the provisions of the by-law:

(b) The payment of reasonable compensation to any person by whom the property was delivered into the possession of the police:

(c) Payment into the general revenue of the city.

(3) Where the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for a year.

(4) In any other case the property shall not be sold until it has remained in the possession of the police for at least 6 months.

Historical Note(s): 1974-87-38; 1988-67-7.

Burial of unclaimed body

484.  (1) It shall be the duty of the city to bury any unclaimed human body found dead within the city limits, but the city may recover the expense of burial from the local authority of the local area of which the deceased was a resident, and thereafter the local authority by which the expense is incurred may recover the expense from the estate of the deceased.

(2) The provisions of the Residence and Responsibility Act apply to this section.

Historical Note(s): 1974-87-38.

Repealed

484A-484B.  [Repealed 1974-87-38.]