Regulations - Summary Proceedings Act - Summary Offence Tickets Regulations

3 (1) The offences listed in Schedule PT are hereby designated for the purposes of Section 8A of the Act.

(2) The offences listed in all Schedules other than Schedule PT are hereby designated for the purposes of Section 8 of the Act.

4 In a summary offence ticket or a parking-infraction ticket, an offence may be described by

(a) the words set out in the applicable Schedule, opposite the number of the Section providing for the offence;

5 (1) An offence charged in a summary offence ticket or a parking-infraction ticket is one for which the penalty may be paid out of court if

(a) there is an amount listed in the out of court settlement column opposite the description of the offence in the applicable schedule; or

(b) there is a category letter listed in the out of court settlement column opposite the description of the offence in the applicable Schedule.

(2) If “Nil” appears in the out of court settlement column opposite the description of the offence in the applicable schedule, the offence cannot be paid out of court.

5A (1) The amount to be paid for out of court settlement for an offence listed in a schedule to these regulations is

(a) the amount that is listed in the out of court settlement column opposite the description of the offence in the schedule; or

(b) for an offence that is punishable under an enactment as a category offence under Section 4B of the Act, the amount listed in the following table for the offence category letter that appears opposite the description of the offence in the applicable schedule and for the incidence of the offence:

Category

Offence

Out of Court Settlement

first offence

second offence

third or subsequent offence

$135.75

$164.50

$222.00

(parking)

first offence

second offence

third or subsequent offence

$ 57.00¹

$ 82.00¹

$132.00¹

first offence

second offence

third or subsequent offence

$164.50

$222.00

$337.00

(parking)

first offence

second offence

third or subsequent offence

$ 82.00¹

$132.00¹

$232.00¹

first offence

second offence

third or subsequent offence

$222.00

$337.00

$567.00

(parking)

first offence

second offence

third or subsequent offence

$132.00¹

$232.00¹

$432.00¹

(double)²

first offence

second offence

third or subsequent offence

$337.00

$567.00

$1027.00

first offence

second offence

third or subsequent offence

$279.50

$452.00

$797.00

(double)²

first offence

second offence

third or subsequent offence

$452.00

$797.00

$1487.00

first offence

second offence

third or subsequent offence

$337.00

$567.00

$797.00

first offence

second offence

third or subsequent offence

$394.50

$682.00

$1257.00

(double)²

first offence

second offence

third or subsequent offence

$682.00

$1257.00

$2407.00

first offence

second offence

third or subsequent offence

$682.00

$1257.00

$2407.00

first offence

second offence

third or subsequent offence

$1257.00

$2407.00

$5857.00

first offence

second offence

third or subsequent offence

$1257.00

$2407.00

$4707.00

first offence

second offence

third or subsequent offence

$1832.00

$2982.00

$5857.00

¹The amount to be paid for out of court settlement of a parking offence is

reduced by $32 if it is paid during the first 60 days after the ticket is issued.

²“Double” indicates that the penalty prescribed for the offence is set at

double the usual penalty for the category letter.

(2) Despite subsection (1), the amount to be paid for out of court settlement for an offence listed in Schedule PT is the minimum amount set out in subsection (1) for the category of the offence, regardless of the incidence of the offence.

6 (1) An out of court settlement amount includes the penalty for the offence, the $107 or $32 charge provided for in the Act and the victim surcharge referred to in Section 7 of the Victims Rights and Services Act and the regulations under that Act, if applicable.

Subsection 6(1) amended: O.I.C. 2006-285, N.S. Reg. 92/2006; O.I.C. 2007-183, N.S. Reg. 201/2007.

(2) Despite subsection (1), for an offence for which a parking-infraction ticket is issued, the $32 charge for parking offences provided for in the Act shall be waived for the first 60 days after the date upon which the ticket is issued, but if the penalty is paid after the first 60 days and the ticket has been filed with a Provincial Court, the $32 charge shall be included in the out of court settlement amount.

Subsection 6(2) amended: O.I.C. 2004-279, N.S. Reg. 177/2004; O.I.C. 2007-183, N.S. Reg. 201/2007.

7 In accordance with subsections 8(5) and (6) of the Act, a ticket may be indorsed by a peace officer by entering one of the following, as applicable, on the summons portion of the summary offence ticket or the parking-infraction ticket:

(a) the out of court settlement amount listed opposite the description of the offence in the applicable Schedule;

(b) the out of court settlement amount set out in Section 5A that corresponds to the offence category listed opposite the description of the offence in the applicable Schedule and to the incidence of the offence.

8 In accordance with the exemption in clause 7(3)(b) of the Victims’ Rights and Services Act, the victim surcharge referred to in subsection 7(1) of that Act is not included in the out of court settlement amount for a parking infraction as defined in subsection 8A(1) of the Act.

9 Pursuant to subsection 8(20) of the Act, the maximum amount of costs to be ordered by the judge to be paid by the defendant shall be $20.

10 (1) A summary offence ticket shall be in the form set out in Form A or in such other form as may be prescribed by the Attorney General.

(2) A summary offence ticket as prescribed under subsection (1) shall be used for an offence designated by subsection 3(2).

11 (1) A parking-infraction ticket shall be in the form set out in Form B or in such other form as may be prescribed by the Attorney General.

(1A) A parking-infraction ticket in the Halifax Regional Municipality may be in the form set out in Form B-1.

(2) A parking-infraction ticket as prescribed under this Section shall be used for an offence designated by subsection 3(1).

11A If a parking-infraction ticket or certification that is in an electronic format is completed and signed electronically, the ticket or certification must be completed and signed in an electronic format that is compatible with the Justice Oriented Information System (JOIS) or the Justice Enterprise Information Network (JEIN) or any successor system in use by the Department of Justice, Court Services.

12 (1) In this Section and Section 13, “parking-infraction ticket administrator” means a person duly appointed by the applicable municipal council as the Parking-Infraction Ticket Administrator or, in the case of an enforcement agency, appointed by the head of that agency within the Province.

(2) A notice of parking infraction in the form set out in Form C and signed by the Parking-Infraction Ticket Administrator shall constitute the prescribed form for the summons to appear for the parking infraction.

(3) The signature of the Parking-Infraction Ticket Administrator may be applied to the notice prescribed in subsection (2) by stamp or electronically as part of the process of printing the summons.

13 A certificate of service for a parking-infraction ticket shall be in the form set out in Form D and shall be signed by the Parking-Infraction Ticket Administrator.

14 A parking-infraction ticket or certificate of service may be filed with the Provincial Court by electronic transmission or by filing a copy of the ticket or certificate on an electronic capture device such as a compact disc.

15 A parking-infraction ticket or certificate of service printed from an electronic image shall constitute an original as if filing in that form.