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Summary Offence Tickets Regulations

made under Sections 8, 8A and 8B of the

Summary Proceedings Act

R.S.N.S. 1989, c. 450

N.S. Reg. 281/2011 (October 4, 2011)

as amended to N.S. Reg. 113/2014 (July 22, 2014, effective February 1, 2015)

and including N.S. Reg. 153/2014 (October 7, 2014), 187/2014 (December 14, 2014), 194/2014 (December 11, 2014),

233/2014 (December 19, 2014), and 3/2015 (January 9, 2015)

 

Citation

1     These regulations may be cited as the Summary Offence Tickets Regulations.


Interpretation

2     In these regulations,

 

“Act” means the Summary Proceedings Act;

 

“former regulations” means the Summary Offence Tickets Regulations, N.S. Reg. 4/2001;

 

“JEIN” means the Justice Enterprise Information Network or any successor information system in use by the Court Services Division of the Department of Justice for processing summary offence tickets.

Definition of JEIN added: N.S. Reg. 50/2012.


Designated Offences


Designation of offences

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.


Description of offence

4     In a summary offence ticket or a parking-infraction ticket, an offence may be described by any of the following:

 

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

 

                (b)    the words of the enactment;

 

                (c)    a concise expression that sufficiently describes the offence to the accused.


Out of Court Settlement


Payable out of court

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 any of the following applies:

 

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

 

                (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.


Out of court settlement amount

6     (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

A

first offence

second offence

third or subsequent offence

$147.70

$176.45

$233.95

A

(parking)1

first offence

second offence

third or subsequent offence

$ 60.55

$ 85.55

$135.55

B

first offence

second offence

third or subsequent offence

$176.45

$233.95

$348.95

B

(parking)1

first offence

second offence

third or subsequent offence

$ 85.55

$135.55

$235.55

C

first offence

second offence

third or subsequent offence

$233.95

$348.95

$578.95

C

(parking)1

first offence

second offence

third or subsequent offence

$135.55

$235.55

$435.55

C

(double)2

first offence

second offence

third or subsequent offence

$348.95

$578.95

$1038.95

D

first offence

second offence

third or subsequent offence

$291.45

$463.95

$808.95

D

(double)2

first offence

second offence

third or subsequent offence

$463.95

$808.95

$1498.95

E

first offence

second offence

third or subsequent offence

$348.95

$578.95

$808.95

F

first offence

second offence

third or subsequent offence

$406.45

$693.95

$1268.95

F

(double)2

first offence

second offence

third or subsequent offence

$693.95

$1268.95

$2418.95

G

first offence

second offence

third or subsequent offence

$693.95

$1268.95

$2418.95

H

first offence

second offence

third or subsequent offence

$1268.95

$2418.95

$5868.95

I

first offence

second offence

third or subsequent offence

$1268.95

$2418.95

$4718.95

J

first offence

second offence

third or subsequent offence

$1843.95

$2993.95

$5868.95

K

first offence

second offence

third offence

$2418.95

$5868.95

$11 618.95

1The amount to be paid for out of court settlement of a parking offence is reduced by $35.55 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.

Clause 6(1)(b), table replaced: N.S. Reg. 339/2013.

 

       (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.


Components of out of court settlement amount

7     (1)    An out of court settlement amount includes the penalty for the offence, the $118.95 or $35.55 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 7(1) amended: N.S. Reg. 339/2013.

 

       (2)    Despite subsection (1), for an offence for which a parking-infraction ticket is issued, the $35.55 charge for parking offences provided for in the Act is 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 $35.55 charge must be included in the out of court settlement amount.

Subsection 7(2) amended: N.S. Reg. 339/2013.


Indorsement by peace officer

8     In accordance with subsections 8(5) and (6) of the Act, a ticket may be indorsed by a peace officer by entering 1 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 6 that corresponds to the offence category listed opposite the description of the offence in the applicable Schedule and to the incidence of the offence.


Summary Offence Tickets


Form of summary offence tickets

9     (1)    A summary offence ticket must be in the form set out in Form A, and includes the certification required by subsection 8(10) of the Act.

Subsection 9(1) amended: O.I.C. 50/2012.

 

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

 

       (3)    Despite any other provision of these regulations, the former regulations as they existed immediately before April 1, 2011, apply to a summary offence ticket summons served before April 1, 2011, and, for greater certainty, the former regulations must be read, interpreted and construed with respect to any such ticket summons and related information and proceedings as if the former regulations were not amended by N.S. Reg. 43/2011.

 

       (4)    Despite subsections (1) and (2), a summary offence ticket in Form A as prescribed by N.S. Reg. 281/2011 may be used and processed as if it meets the requirements of subsections (1) and (2).

Subsection 9(4) added: N.S. Reg. 50/2012.


Plea of guilty on summons                            

10   For the purposes of subsection 9(2) of the Act, the form of a plea of guilty on a summons must be in the form set forth on the ticket prescribed under subsection 9(1).


Notice of intention to appear

11   A notice of intention to appear for the following purposes must be in Form A-1:

 

                (a)    for the purpose of pleading guilty to an offence and making a submission as to penalty;

 

                (b)    for the purpose of entering a plea of not guilty and having a trial of the matter.


Electronic Completion and Processing of Summary Offence Tickets


Summary offence ticket completed electronically

11A(1)    A summary offence ticket may be completed electronically if the data required to be recorded for the ticket meets all of the following criteria:

 

                (a)    it is the same or substantially the same as the information required by Form A and is capable of being printed in accordance with Section 11D;

 

                (b)    it is intelligible and is in an electronic format that is compatible with JEIN;

 

          (b)[(c)]   it cannot be altered after the ticket has been signed electronically in accordance with Section 11B, other than to elaborate on, compress or encrypt coded data as necessary for transmission to JEIN.

 

       (2)    A requirement in Section 8 of the Act for a person to enter or print information on a summary offence ticket is satisfied by provision of the information as part of the automated function of an electronic data system used to complete the ticket electronically.

Section 11A added: N.S. Reg. 50/2012.


Signing ticket electronically

11B (1)    A summary offence ticket may be signed electronically in accordance with this Section.

 

       (2)    A summary offence ticket that is signed electronically must contain a unique code, name or number assigned to a person that identifies that person as the originator of the data entered or attested to by that person.

 

       (3)    The code, name or number referred to in subsection (2) must be

 

                (a)    generated by electronic means and attached to the data entered or attested to by that person; and

 

                (b)    reasonably secure against unauthorized use.

 

 (2)[(4)]   For the purpose of clause (3)(b), a code, name or number is presumed reasonably secure against unauthorized use if it meets 1 of the following:

 

                (a)    the physical means of generating it are themselves protected;

 

                (b)    the electronic means of generating it are themselves a secure code or those means are protected by a password issued in confidence to the signer.

Section 11B added: N.S. Reg. 50/2012.


Filing ticket electronically

11C(1)    A summary offence ticket that is completed and signed electronically in accordance with Sections 11A and 11B may be deposited under subsection 8(12) of the Act if all of the following conditions are met:

 

                (a)    the data is transmitted without alteration to JEIN;

 

                (b)    the data is received in its entirety by JEIN;

 

                (c)    JEIN transmits an acknowledgment of receipt to the originating computer system confirming receipt of intelligible data.

 

       (2)    Once the data for a summary offence ticket is received by JEIN, the systems manager of JEIN must ensure that the data remains complete and unaltered.

Section 11C added: N.S. Reg. 50/2012.


Printing summary offence ticket completed electronically

11D(1)    For the purpose of printing an original document under subsection 8B(2) of the Act, a summary offence ticket that is completed, signed and filed electronically in accordance with these regulations must meet all of the following printing requirements:

 

                (a)    it must be printed in the form prescribed by subsection 9(1);

 

                (b)    it must be approved by the clerk of the court.

 

       (2)    Any portion of a summary offence ticket that is completed or signed electronically and printed for the purpose of processing the ticket must be printed in the form prescribed by subsection 9(1).

Section 11D added: N.S. Reg. 50/2012.


Data added to summary offence ticket filed electronically

11E (1)    A person must not alter the data for a summary offence ticket that is filed electronically, except to add data as permitted by this Section.

 

       (2)    The clerk of the court may authorize adding any data to complete the record of conviction portion of a ticket that is filed electronically, including adding any of the following:

 

                (a)    the disposition of the proceeding in which the ticket was used;

 

                (b)    the details of any enforcement measures.

 

       (3)    A justice may use electronic means to examine a summary offence ticket that is filed electronically, to do any of the following:

 

                (a)    add any data required to complete the record of conviction in accordance with subsection (2);

 

                (b)    electronically sign the ticket in accordance with Section 11B.

 

       (4)    A person authorized to add data in accordance with this Section may do so only if the person has access to the summary offence ticket data through a password issued to the person in confidence.

 

       (5)    Decoding and expanding coded data or abbreviations based on tables of concordance does not constitute alteration of the data of a summary offence ticket.

Section 11E added: N.S. Reg. 50/2012.


Parking-Infraction Tickets


Form of parking-infraction tickets

12   (1)    Except as provided in subsection (2), a parking-infraction ticket must be in the form set out in Form B.

 

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

 

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


Victim surcharge exemption

13   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.


Parking-infraction tickets completed electronically

14   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.


Notice of parking infraction

15   (1)    In this Section and Section 16, “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 constitutes 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.


Certificate of service

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


Filing ticket or certificate with Court

17   (1)    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.

 

       (2)    A parking-infraction ticket or certificate of service printed from an electronic image constitutes an original as if filing in that form.


Striking out Convictions


When conviction struck out

18   (1)    The fee for an application to strike out a conviction under subsection 8(18) of the Act is

 

                (a)    for a single application, $52.90;

Clause 18(1)(a) amended: N.S. Reg. 71/2013.

 

                (b)    for all applications for 2 or more convictions entered on the same day, $79.35.

Clause 18(1)(b) amended: N.S. Reg. 71/2013.

 

       (2)    Pursuant to subsection 8(20) of the Act, the maximum amount of costs to be ordered by a judge to be paid by a defendant when a conviction is struck out is $20.

 

       (3)    A certificate of a justice striking out a conviction for the purpose of subsection 8(17A) of the Act and under 8(18) of the Act must be in Form A-2.




List of Schedules
[Provided as a convenient way to link to schedules.

Does not form part of the regulations.]

 Schedule # Title
1 Tickets and Forms
Form A - Summary Offence Ticket
Form A1 - Notice of Intention to Appear in Court
Form A2 - Certificate of a Justice Striking Out a Conviction
Form B - Parking-Infraction Ticket
Form B-1 - Parking-Infraction Ticket for Halifax Regional Municipality
Form C - Notice of Parking Infraction
Form D - Certificate of Service
PTParking Infraction Ticket Charges
2Dangerous Goods Transportation Act
2ARegulations adopted under the Dangerous Goods Transportation Act
3Motor Carrier Act
3ARegulations made under the Motor Carrier Act
4Motor Vehicle Act
4ARegulations made under the Motor Vehicle Act
5Off-highway Vehicles Act
5ARegulations made under the Off-highway Vehicles Act
6Public Highways Act
7Emergency Management Act
8Emergency "911" Act
9Environment Act
9ARegulations made under the Environment Act
10Beaches Act
10ARegulations made under the Beaches Act
11Crown Lands Act
12Forests Act
12ARegulations made under the Forests Act
13Provincial Parks Act
13ARegulations made under the Provincial Park Act
14Trails Act
14ARegulations made under the Trails Act
15Wildlife Act
15ARegulations made under the Wildlife Act
16Municipal Government Act
17Building Code Act
18Tanning Beds Act
19Bylaws and Regulations made under the Halifax-Dartmouth Bridge Commission Act
20Liquor Control Act
21Protection of Property Act
22Tobacco Access Act
23Smoke-Free Places Act
24Domestic Violence Intervention Act
25Regulations made under the Highway 104 Western Alignment Act
26Occupational Health and Safety Act
27Technical Safety Act
27ARegulations made under the Technical Safety Act
28Electrical Installation and Inspection Act
28ARegulations made under the Electrical Installation and Inspection Act
29Flea Markets Regulation Act
29ARegulations made under the Flea Markets Regulation Act
30Amusement Devices Safety Act
31Elevators and Lifts Act
31ARegulations made under the Elevators and Lifts Act
32Fire Safety Act
33Apprenticeship and Trades Qualifications Act
33ARegulations made under the Apprenticeship and Trades Qualifications Act
34Wilderness Areas Protection Act
35Private Investigators and Private Guards Act
35ARegulations made under the Private Investigators and Private Guards Act
36Retail Business Designated Day Closing Act
37Non-essential Pesticides Control Act
38Halifax Regional Water Commission Act
38ARegulations under the Halifax Regional Water Commission Act
39Snow Sport Helmet Act
40Fish Harvester Organizations Support Act
41Animal Protection Act
41A Regulations under the Animal Protection Act
M-1Cape Breton Regional Municipality By-laws
M-2Halifax Regional Municipality
M-3Municipality of the County of Annapolis By-laws
M-4Municipality of the County of Colchester By-laws
M-5Municipality of the County of Kings By-laws
M-6Municipality of the County of Pictou By-laws
M-7Municipality of the County of Richmond By-laws
M-8Municipality of the Distict of Barrington By-laws
M-9Municipality of the District of Chester By-laws
M-10Municipality of the District of Digby By-laws
M-11Municipality of the District of East Hants By-laws
M-12Municipality of the District of West Hants By-laws
M-13Municipality of the District of Yarmouth By-laws
M-14Region of Queen's Municipality By-laws
M-15Town of Antigonish By-laws
M-16Town of Bridgetown By-laws
M-17Town of Bridgewater By-laws
M-18Town of Clark's Harbour By-laws
M-19Town of Digby By-laws
M-20Town of Hantsport By-laws
M-21Town of Kentville By-laws
M-22Town of Lunenburg By-laws
M-23Town of Mahone Bay By-laws
M-24Town of Middleton By-laws
M-25Town of Truro By-laws
M-26Town of Windsor By-laws
M-27Town of Wolfville By-laws
M-28Town of Yarmouth By-laws
M-29Municipality of the County of Antigonish By-laws
M-30Town of Pictou By-laws