Application of Provincial Laws Regulations

Application of Provincial Laws Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 65.1a of the Contraventions Actb, hereby makes the annexed Application of Provincial Laws Regulations, effective August 1, 1996. S.C. 1996, c. 7, s. 37 S.C. 1992, c. 47 The laws of a province referred to in the schedule apply, as amended from time to time, to the prosecution of contraventions designated under the Contraventions Regulations, to the extent and with the adaptations indicated in the schedule. A reference to the Contraventions Act may be made on any notice, form or other document issued in applying the laws referred to in section 1 to the prosecution of contraventions. The validity of a proceeding in respect of a contravention shall not be affected by the absence, in a notice, form or other document, of a reference to the Contraventions Act. Subject to subsections (2) and (3), the following enactments apply in respect of contraventions alleged to have been committed, on or after August 1, 1996, in Ontario or within the territorial jurisdiction of the courts of Ontario, namely, the Provincial Offences Act of Ontario, R.S.O. 1990, c. P.33, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and the rules of court made under the Courts of Justice Act of Ontario, R.S.O. 1990, c. C.43. The enactments referred to in subsection (1) apply with such modifications as the circumstances require and, without limiting the generality of the foregoing, for the purposes of that subsection, in those enactments a reference to “offence” shall be read as a reference to “contravention”; a reference to “prosecutor” shall be read to include the Attorney General; a reference to “provincial offences officer” shall be read as a reference to “enforcement authority”; a reference to “set fine” shall be read as a reference to the amount of the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act; a reference to “offence notice” or “parking infraction notice”, where the offence notice or parking infraction notice is served on the defendant, shall be read as a reference to “ticket”; and a reference to “certificate of offence” or “certificate of parking infraction”, where the certificate of offence or certificate of parking infraction is filed with the court, shall be read as a reference to “ticket”. For the purposes of subsection (1), in Part II of the Provincial Offences Act of Ontario, in addition to the modifications referred to in subsection (2), a reference to “by-law” or “by-law of a municipality” shall, except in subsections 17(5) and 18.6(1), be read as a reference to “enactment”; a reference to “infraction” or “parking infraction” shall be read as a reference to a contravention in respect of any unlawful parking, standing or stopping of a vehicle that is created by an enactment; a reference to “clerk of a municipality” or “clerk of the municipality” shall be read as a reference to the clerk of a municipality with which the Minister has entered into an agreement pursuant to subsections 65.2(2) and 65.3(1) of the Contraventions Act; and a reference to “person designated by the regulations” shall, except in subsection 18.6(4), be read as a reference to a person designated by regulations made under Part II of the Provincial Offences Act of Ontario in respect of a municipality with which the Minister has entered into an agreement pursuant to subsections 65.2(2) and 65.3(1) of the Contraventions Act. Subsections 12(1), 17(5) and 18.6(5) of the Provincial Offences Act of Ontario do not apply in respect of the prosecution of a contravention. For the purposes of Part II of the Provincial Offences Act of Ontario, contraventions related to the unlawful parking, standing or stopping of a vehicle, regardless of where in Ontario they were committed, are deemed to have been committed in a municipality designated by regulations made under that Part. For the purposes of any agreement entered into pursuant to subsections 65.2(2) and 65.3(1) of the Contraventions Act, section 18.6 of the Provincial Offences Act of Ontario and the regulations made under Part II of that Act shall be read as authorizing a municipality that has entered into such an agreement to collect fines in respect of contraventions related to the unlawful parking, standing or stopping of a vehicle. Any administrative service or communication arising from the application of section 5.1, 7 or 17.1 of the Provincial Offences Act of Ontario shall be provided in the same manner as if the service or communication were provided from an office or facility of a federal institution under section 22 of the Official Languages Act where there is significant demand under that section for such a service or communication in both official languages. The enactments made applicable by this Part shall be read as if sections 530 to 530.1 of the Criminal Code, with any modifications that the circumstances require, were contained in those enactments. Subject to subsection (2), the following enactments apply in respect of contraventions alleged to have been committed, on or after April 1, 1997, in Nova Scotia or within the territorial jurisdiction of the courts of Nova Scotia: the Alternative Penalty Act of Nova Scotia, S.N.S. 1989, c. 2, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; the Summary Proceedings Act of Nova Scotia, R.S.N.S. 1989, c. 450, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; the Victims’ Rights and Services Act of Nova Scotia, S.N.S. 1989, c. 14, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and the Youth Justice Act of Nova Scotia, S.N.S. 2001, c. 38, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. a reference to “Legislature” shall be read as a reference to “Parliament”; a reference to “Act” or to “regulation” shall be read as a reference to “enactment”; and a reference to “penalty” shall be read to include the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act. Subsections 2B(1A) to (1D) and (1H) to (1K), sections 4, 4B and 4C, subsection 8(7) and sections 11, 12 and 18 of the Summary Proceedings Act of Nova Scotia do not apply in respect of the prosecution of a contravention. For the purposes of subsection 8(6) of the Summary Proceedings Act of Nova Scotia, the minimum penalty is the fine established by the Governor in Council under paragraph 8(1)(c) of the Contraventions Act. The enactments made applicable by this Part shall be read as if sections 530 to 530.1 of the Criminal Code, with such modifications as the circumstances require, were contained in those enactments. Subject to subsection (2), the following enactments apply in respect of contraventions alleged to have been committed, on or after June 1, 1997, in New Brunswick or within the territorial jurisdiction of the courts of New Brunswick: the Provincial Offences Procedure Act of New Brunswick, S.N.B. 1987, c. P-22.1, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; the Provincial Offences Procedure for Young Persons Act of New Brunswick, S.N.B. 1987, c. P-22.2, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and the Victims Services Act of New Brunswick, R.S.N.B. 2016, c. 113, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. a reference to “categorized offence” or “offence” shall be read as a reference to “contravention”; a reference to “authorized person” shall be read as a reference to “enforcement authority”; a reference in the French version to “billet de contravention” shall be read as a reference to “procès-verbal”; and a reference to “minimum fine” shall be read as a reference to the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act. Subparagraph 51(b)(ii), sections 56 to 62, 70 and 71 of the Provincial Offences Procedure Act of New Brunswick do not apply in respect of the prosecution of a contravention. In this section, parking contravention means a contravention in respect of any unlawful parking, standing or stopping of a vehicle that is created by an enactment. Notwithstanding subsection 11(1) of the Provincial Offences Procedure Act of New Brunswick, a ticket in respect of a parking contravention may also be served by mail in accordance with section 101 of that Act. Subsection 101(3) of the Provincial Offences Procedure Act of New Brunswick does not apply to a ticket in respect of a parking contravention that is served by mail. If a ticket in respect of a parking contravention is served by mail, that service may be proved in accordance with subsection 101(10) of the Provincial Offences Procedure Act of New Brunswick. For the purpose of subparagraph 51(b)(i) of the Provincial Offences Procedure Act of New Brunswick, the fine is the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act. Subject to subsection (2), the following enactments apply in respect of contraventions alleged to have been committed in Manitoba or within the territorial jurisdiction of the courts of Manitoba: for contraventions committed on or after the day on which The Provincial Offences Act of Manitoba, C.C.S.M. c. P160, comes into force, that Act and any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and for contraventions committed on or after May 1, 1997, The Victims’ Bill of Rights of Manitoba, C.C.S.M. c. V55, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. a reference to “fine” shall be read as a reference to the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act; [Repealed, SOR/2017-136, s. 1] a reference to “enforcement officer” shall be read as a reference to “enforcement authority”. Sections 3 and 4 of The Provincial Offences Act of Manitoba do not apply in respect of the prosecution of a contravention. Subject to subsection (2), the following enactments apply in respect of contraventions alleged to have been committed, on or after June 1, 1997, in Prince Edward Island or within the territorial jurisdiction of the courts of Prince Edward Island: the Summary Proceedings Act of Prince Edward Island, R.S.P.E.I. 1988, c. S-9, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; the Victims of Crime Act of Prince Edward Island, R.S.P.E.I. 1988, c. V-3.1, and any regulations made under that Act; the French Language Services Act of Prince Edward Island, R.S.P.E.I. 1988, c. F-15.2, and any regulations made under that Act; and the Youth Justice Act of Prince Edward Island, R.S.P.E.I. 1988, c. Y-3, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. a reference to “enactment” shall be read to include an enactment (as defined in section 2 of the Contraventions Act); a reference to “officer” shall be read as a reference to “enforcement authority”; and a reference to “penalty” or “minimum penalty authorized by law” shall be read as a reference to the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act. Sections 4, 5 and 8 of the Summary Proceedings Act of Prince Edward Island do not apply in respect of the prosecution of a contravention. Subject to subsection (2), the following enactments apply in respect of contraventions alleged to have been committed, on or after January 1, 2018, in Newfoundland and Labrador or within the territorial jurisdiction of the courts of Newfoundland and Labrador: the Provincial Offences Act of Newfoundland and Labrador, S.N.L. 1995, c. P-31.1, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; the Young Persons Offences Act of Newfoundland and Labrador, R.S.N.L. 1990, c. Y-1, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and the Victims of Crime Services Act of Newfoundland and Labrador, R.S.N.L. 1990, c. V-5, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. a reference to “enactment” shall be read to include an enactment, as defined in section 2 of the Contraventions Act; a reference to “peace officer”, “complainant” or “any other person having responsibility for the enforcement of a provision of an enactment” shall be read as a reference to “enforcement authority”; and a reference to “prescribed fine” shall be read as a reference to the fine established by the Governor in Council under paragraph 8(1)(c) of the Contraventions Act. Section 5, subsection 32.4(2) and section 40 of the Provincial Offences Act of Newfoundland and Labrador do not apply in respect of the prosecution of a contravention. Contraventions are deemed to be offences for which a complaint may be laid and a summons issued by means of a ticket under the Provincial Offences Act of Newfoundland and Labrador. Subject to subsection (2), the Code of Penal Procedure of Quebec, R.S.Q., c. C-25.1, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province apply in respect of contraventions alleged to have been committed, on or after May 1, 1999, in Quebec or within the territorial jurisdiction of the courts of Quebec. The enactments referred to in subsection (1) apply with such modifications as the circumstances require and, without limiting the generality of the foregoing, for the purposes of that subsection, in those enactments, a reference to “law” shall be read as a reference to “enactment”; for the purpose of paragraph 1 of article 9 of the Code of Penal Procedure of Quebec, a reference to “Attorney General” shall be read to include the Attorney General of Canada and any counsel representing the Attorney General of Canada for the purposes of the Contraventions Act; a reference to “statement of offence” shall be read as a reference to “ticket”; a reference to “minimum fine” or “minimum sentence” in the Code of Penal Procedure of Quebec shall be read as a reference to the fine established by the Governor in Council under paragraph 8(1)(c) of the Contraventions Act; a reference to “minimum fine” or “minimum sentence” in the Regulation respecting the form of statements of offence, c. C-25.1, r. 1, shall be read as a reference to the fine established by the Governor in Council under paragraph 8(1)(c) of the Contraventions Act; and the reference to “minimum statutory sentence” in subparagraph 8 of the first paragraph of article 146 of the Code of Penal Procedure of Quebec shall be read as a reference to “sentence”. Sections 166.1, 232, 234, 235, 238 to 242, 277, 288, 318 and 350 of the Code of Penal Procedure of Quebec do not apply in respect of the prosecution of a contravention. Subject to subsection (2), the fine payable for a contravention shall not exceed the amount established by the Governor in Council in respect of that contravention under paragraph 8(1)(c) of the Contraventions Act. The fine payable for a contravention may exceed that amount if the prosecution is instituted by way of a general statement of offence with a request for sentence allowing for a greater sentence than the minimum sentence, as referred to in subparagraph 1 of the first paragraph of section 23 of the Regulation respecting the form of statements of offence. Subject to subsections (2) to (5), the following enactments apply in respect of contraventions alleged to have been committed, on or after June 7, 2005, in British Columbia or within the territorial jurisdiction of the courts of British Columbia: the Offence Act of British Columbia, R.S.B.C. 1996, c. 338, any regulation made under that Act — except for any regulation made under paragraph 132(2)(c), (d) or (e) of that Act and for the Offence Act Forms Regulation, B.C. Reg. 422/90 — and any Act of that province referred to in the Offence Act relating to proceedings in respect of offences created by a law of that province; the Victims of Crime Act of British Columbia, R.S.B.C. 1996, c. 478, any regulation made under that Act and any Act of that province referred to in the Victims of Crime Act relating to proceedings in respect of offences created by a law of that province; and the Youth Justice Act of British Columbia, S.B.C. 2003, c. 85, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. a reference to “enforcement officer” shall be read as a reference to “enforcement authority”; a reference to “prosecutor” shall be read as a reference to “Attorney General”; a reference to “violation ticket” shall be read as a reference to “ticket”; a reference to “offence” shall be read as a reference to “contravention”; and a reference to “fine” shall be read as a reference to the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act. Sections 4, 15.3, 63.1, 79, 81, 83 and 87 of the Offence Act of British Columbia do not apply in respect of the prosecution of a contravention. A reference to the “Assistant Deputy Attorney General, Criminal Justice Branch” in sections 18 and 18.1 of the Offence Act of British Columbia shall be read as a reference to the “Chief Federal Prosecutor, Public Prosecution Service of Canada, Regional Office of British Columbia”. The forms set out in the schedule to the Offence Act of British Columbia are replaced by the corresponding forms set out in Part XXVIII of the Criminal Code. Despite subsection 14(5) of the Offence Act of British Columbia, subsections 4(7) and (8), paragraphs 7(1)(a) to (c), and subsections 7(2) and (3) of the Local Government Bylaw Notice Enforcement Act, S.B.C. 2003, c. 60, apply with such modifications as the circumstances require to the service of a ticket issued in respect of a parking contravention. Subject to subsection (2), the following enactments apply in respect of contraventions alleged to have been committed on or after the day on which this Part comes into force, in Saskatchewan or within the territorial jurisdiction of the courts of Saskatchewan: The Summary Offences Procedure Act, 1990 of Saskatchewan, S.S. 1990-91, c. S-63.1, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and The Victims of Crime Act, 1995 of Saskatchewan, S.S. 1995, c. V-6.011, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. The enactments referred to in subsection (1) apply with any modifications that the circumstances require and, without limiting the generality of the foregoing, for the purposes of that subsection a reference to “offence notice” or “offence notice ticket” shall be read as a reference to “ticket”; a reference to “peace officer” shall be read as a reference to “enforcement authority” and, in the case of a French version, a reference to “agent de la paix” shall be read as a reference to “agent de l’autorité”; a reference to “prosecutor” shall be read as a reference to “Attorney General”; and a reference to “specified penalty sum” shall be read as a reference to the amount of the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act. Section 57 of The Summary Offences Procedure Act, 1990 of Saskatchewan does not apply in respect of the prosecution of a contravention. Proceedings in respect of a contravention may be commenced under either Part III or Part IV of The Summary Offences Procedure Act, 1990 of Saskatchewan. Subject to subsection (2), the following provision of an enactment and enactments apply in respect of contraventions alleged to have been committed on or after the day on which this Part comes into force, in Alberta or within the territorial jurisdiction of the courts of Alberta: section 34 of the Corrections Act of Alberta, R.S.A. 2000, c. C-29, and any regulations made under that provision; the Provincial Offences Procedure Act of Alberta, R.S.A. 2000, c. P-34, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; the Victims of Crime Act of Alberta, R.S.A. 2000, c. V-3, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province; and the Youth Justice Act of Alberta, R.S.A. 2000, c. Y-1, any regulations made under that Act and any Act of that province referred to in that Act relating to proceedings in respect of offences created by a law of that province. The provision of an enactment and the enactments referred to in subsection (1) apply with any modifications that the circumstances require and, without limiting the generality of the foregoing, for the purposes of that subsection, in those enactments a reference to “enactment” shall be read to include an enactment as defined in section 2 of the Contraventions Act; a reference to “peace officer” shall be read as a reference to “enforcement authority”; a reference to “specified penalty” shall be read as a reference to the amount of the fine established by the Governor in Council pursuant to paragraph 8(1)(c) of the Contraventions Act; and a reference to “violation ticket” shall be read as a reference to “ticket”. Subsections 7(1) and 14(1) of the Provincial Offences Procedure Act of Alberta and subsection 12(1) of the Procedures Regulation, Alta. Reg. 63/2017, do not apply in respect of the prosecution of a contravention. Proceedings in respect of a contravention may be commenced under either Part 2 or Part 3 of the Provincial Offences Procedure Act of Alberta. The provision of an enactment and the enactments made applicable by this Part shall be read as if sections 530 to 530.1 of the Criminal Code, with any modifications that the circumstances require, were contained in those enactments.