C-25.1, r. 1 - Regulation respecting the form of statements of offence

Section 35 Disposition versions

2012-09-01

35. The back of the pages in the statement of offence form, or the data on the corresponding page screens, must contain at least the headings, keywords, texts and spaces allowing the following to be entered:

(1)  a description of the general purpose of a statement of offence;

(2)  a description of the procedure that follows the entering of a plea or a failure to enter a plea;

(3)  the address to which the defendant must send the plea and, if the defendant enters a plea of guilty, the address to which the total amount of the fine, costs and, if applicable, contribution, must be sent;

(4)  the time within which the defendant must enter a plea and the time within which the total amount of the fine, costs and, if applicable, contribution, must be paid if the defendant enters a plea of guilty;

(5)  the procedure for payment of the total amount of the fine, costs and, if applicable, contribution;

(6)  the following warnings, under a heading on the failure to enter a plea, in bold capital letters, in 9-point print or larger:

“FAILURE TO ENTER A PLEA AND PAY TOTAL AMOUNT OF THE FINE AND COSTS

 ___________________________________________________
|                                                   |
|                   WARNING NO. 1                   |
|                                                   |
|    IF YOU DO NOT ENTER A PLEA OR DO NOT PAY THE   |
|    TOTAL AMOUNT OR A PART OF THE FINE AND COSTS   |
|    WITHIN 30 DAYS AFTER THE DATE OF SERVICE       |
|    INDICATED IN THE “SERVICE” SECTION OF THE      |
|    STATEMENT OF OFFENCE, YOU WILL BE DEEMED       |
|    NOT TO CONTEST THE PROCEEDINGS AND MAY BE      |
|    CONVICTED BY DEFAULT (IN YOUR ABSENCE)         |
|    WITHOUT AN OPPORTUNITY TO BE HEARD.            |
|___________________________________________________|

 ___________________________________________________
|                                                   |
|                   WARNING NO. 2                   |
|                                                   |
|    IF YOU DO NOT ENTER A PLEA OR DO NOT PAY THE   |
|    TOTAL AMOUNT OF THE FINE AND COSTS WITHIN      |
|    30 DAYS AFTER THE DATE OF SERVICE INDICATED IN |
|    THE “SERVICE” SECTION OF THE STATEMENT OF      |
|    OFFENCE OR IN THE DOCUMENT REFERRED TO, YOU    |
|    WILL BE DEEMED TO HAVE ENTERED A PLEA OF NOT   |
|    GUILTY. PROCEEDINGS WILL THEN BE TRIED IN YOUR |
|    ABSENCE AND JUDGMENT WILL BE RENDERED WITHOUT  |
|    FURTHER NOTICE.                                |
|___________________________________________________|

(7)  general information on demerit points;

(8)  a notice that preliminary applications may be filed with a plea of not guilty; and

(9)  the defendant’s right to seek legal counsel.

The back of the pages in the statement of offence form, or the data on the corresponding page screens, must state the place or the telephone number at which the defendant may obtain additional information concerning the statement of offence.

The back of the pages or the corresponding page screen data may also contain a section for an explanation of codes or initials and, depending on the type of payment, may contain one or more of the following:

(1)  a boxed space where a cashier’s stamp may be affixed attesting that a payment has been received;

(2)  a payment receipt form;

(3)  a record or an attestation of an electronic transaction; and

(4)  reference to the document attesting the receipt of a payment.

The back may also contain a section for the prosecutor’s address, if applicable.

O.C. 1211-97, s. 35; O.C. 633-2006, s. 6.