E-15 - Industrial and Commercial Establishments Act

Section 39 Disposition versions

1977-12-31

39. Except for a subsequent offence within two years and in the cases contemplated in sections 30 and 35, no penal proceedings shall be taken by virtue of this act or the regulations unless the person authorized thereto has mailed prior notice to the offender describing the offence and specifying the minimum fine, the amount of the costs and the place where payment must be made within ten days following the notice.

Payment of the required amount within the delay indicated in the notice shall prevent penal proceedings.

After such payment, the accused must be considered guilty of the offence.

Such payment cannot however be invoked as an admission of civil liability.

Failure to give the notice required by this section cannot be invoked against proceedings for an offence and it is not necessary to allege that it was given, or to adduce proof of it. But, if the accused, at his appearance, admits guilt and then proves that he was not given such notice, he cannot be sentenced to pay a higher amount as a fine than he would have had to pay by virtue of the notice.

1975, c. 49, s. 21.