BILL NO. 16
(as passed)
2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010
Summary Proceedings Act
(amended)
CHAPTER 26 OF THE ACTS OF 2010
The Honourable Ross Landry
Minister of Justice
First Reading: April 1, 2010 (LINK TO BILL AS INTRODUCED)
Second Reading: April 20, 2010
Third Reading: May 3, 2010
Royal Assent: May 11, 2010
An Act to Amend Chapter 450
of the Revised Statutes, 1989,
the Summary Proceedings Act
Be it enacted by the Governor and Assembly as follows:
1 Section 7A of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 45 of the Acts of 1993, is amended by
(a) adding "the sending of the summons by registered mail" immediately before "is" the first time it appears in the fourth line; and
(b) adding "of the summons without proof of delivery or acceptance" immediately after "delivery" in the last line.
2 (1) Subsection 8(3) of Chapter 450 is amended by adding immediately after clause (a) the following clauses:
(ab) prescribing the form of the notice of intention to appear for the purpose of pleading guilty to an offence and making a submission as to penalty;
(ac) prescribing the form of the notice of intention to appear for the purpose of entering a plea of not guilty and having a trial of a matter;
(ad) prescribing the form of the certificate of a justice striking out a conviction;
(ae) prescribing the fee for an application to strike out the conviction pursuant to subsection (18);
(a) where the person does not wish to dispute the charge,
(ii) where the person wishes to make a submission as to penalty, including the extension of time for payment, file in prescribed form, within the time specified in the summons, with the clerk of the court a notice of intention to appear for the purpose of pleading guilty to the offence and making a submission as to penalty; or
(ii) include in the form the person's mailing address, telephone number, facsimile number and electronic mail address.
(a) the clerk of the court shall, as soon as practical, give notice to the person and the prosecutor of the time and place of the trial or the appearance for the purpose of pleading guilty to the offence and making a submission as to penalty; and
(b) the person shall attend at the time and place specified in the notice.
(13C) The clerk of the court may send a notice to a person by mail, facsimile or electronic mail and, where the notice is sent to the person by mail, facsimile or electronic mail, the notice is deemed to have been received by the person.
(13D) Acceptance by the court office of payment under subclause (i) of clause (a) of subsection (13A) constitutes a plea of guilty whether or not the plea is signed and the endorsement of payment on the certificate of offence constitutes the conviction and imposition of a fine in the amount specified in the summons for the offence.
(13E) A justice may require a submission as to penalty to be made orally under oath or by affidavit.
(13F) A signature on a ticket summons or notice of intention to appear purporting to be that of the defendant is proof, in the absence of evidence to the contrary, that it is the signature of the defendant.
(a) where the information portion of the ticket is complete and regular on its face, enter a conviction in the person's absence without a hearing and impose
(ii) a charge of one hundred and ten dollars and twenty-one cents or, for a parking infraction as defined in subsection (1) of Section 8A, thirty-two dollars and ninety-six cents; or
(15A) For greater certainty, where the ticket
(a) indicates that the ticket is for a second or for a third or subsequent offence; and
(b) correctly references the out-of-court settlement amount prescribed for a second or for a third or subsequent offence,
the ticket is sufficient notice to the defendant that an increased penalty may be imposed and, where the information portion of the ticket is complete and regular on its face, a justice, including a justice entering a conviction in a person's absence in accordance with subsection (15), shall impose the increased penalty.
(5) Section 8 of Chapter 450, as amended by Chapter 45 of the Acts of 1993, Chapter 18 of the Acts of 1994-95, Chapter 8 of the Acts of 1999 (Second Session), Chapter 4 of the Acts of 2000, Chapter 5 of the Acts of 2001, Chapter 2 of the Acts of 2006 and Chapter 4 of the Acts of 2008, is further amended by adding immediately after subsection (17) the following subsection:
(a) strike out the conviction;
(b) give the person a certificate of that fact in the prescribed form; and
(c) give the person and the prosecutor notice of the time and place of the trial or the appearance for the purpose of pleading guilty to the offence and making a submission as to penalty.
(a) act as required by subsection (13A) and more than sixty days have elapsed; or
(b) appear at the time and place of the trial or the appearance for the purpose of pleading guilty to the offence and making a submission as to penalty, after having given a notice of intention to appear,
the person may appear before the court and the justice or the judge, as the case may be, upon payment of the prescribed application fee and being satisfied that
(c) the person demonstrates a prima facie defence to the offence charged in the ticket;
(d) the person has a reasonable excuse for failing to appear; and
(e) the person acted without unreasonable delay,
shall strike out the conviction, give the person a certificate of that fact in the prescribed form and give the person appearing and the prosecutor a notice of trial or the appearance for the purpose of pleading guilty to the offence and making a submission as to penalty.
(2) Subsection 9(3) of Chapter 450 is repealed.
4 Subsection 10(2) of Chapter 450 is amended by striking out "when the summons would otherwise require that person's attendance in court" in the last two lines and substituting "ninety days after the day the ticket was issued".
5 Chapter 450 is further amended by adding immediately after Section 18 the following Section:
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
6 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2010 Crown in right of Nova Scotia. Created May 25, 2010. Send comments to legc.office@novascotia.ca.
