Provincial Offences Procedure Act,PART IV APPEALS AND SETTING ASIDE

Provincial Offences Procedure Act, SNB 1987, c P-22.1, <http://canlii.ca/t/51vgm>

PART IV

APPEALS AND SETTING ASIDE

116(1)For the purposes of an appeal under this Act, sections 812 to 839, except sections 814, 826 and 827 and subsections 830(4), 839(3) and 839(5) of the Criminal Code apply, with the necessary modifications.

116(2)Where, on an appeal under subsection (1), any matter concerning the interpretation of the Canadian Charter of Rights and Freedoms is in issue, the appellant or the respondent may, with leave of the appellate court, introduce evidence related to that issue notwithstanding that the evidence was not introduced at the trial.

116(3)Notwithstanding subsection (1), the defendant, the prosecutor or the Attorney General may, with leave of the Court of Appeal or a judge of that Court, appeal directly to the Court of Appeal against a conviction, acquittal, dismissal, order or determination by a judge on a ground of appeal that involves a question of law alone.

116(4)Every person who is granted leave to appeal under subsection (3) shall be taken to have abandoned all rights of appeal under subsection (1).

1990, c.18, s.64.

117(1)Where the judge, acting under subsection 16(1), paragraph 28(1)(a) or (b) or subsection 29(1) or (1.1), convicts the defendant in the defendant’s absence, the judge may

(a)on application by the defendant not later than forty-five days after the conviction, and

(b)if satisfied that the defendant’s failure to appear occurred through no fault of the defendant,

set aside the conviction, accept a plea from the defendant and fix a time and place for trial.

117(1.1)If a judge convicts a defendant, in the defendant’s absence, of an offence charged in a ticket, the judge may set aside the conviction if the notice of prosecution was filed with the judge after payment of the fixed penalty set out in the ticket.

117(1.2)For greater certainty, subsection (1.1) does not apply to a conviction under subsection 14(8) resulting from the payment of a fixed penalty.

117(2)Where a conviction is set aside under subsection (1) or (1.1), the judge shall, on request, give the defendant a certificate in prescribed form stating that fact, and the judge shall revoke any warrant or order that has been issued under this Act relating to that conviction.

117(3)A conviction shall not be set aside under subsection (1) unless the prosecutor has been given an opportunity to oppose the application.

1990, c.18, s.65; 2009, c.29, s.7; 2011, c.16, s.14.