P-15 - Summary Convictions Act

Section 88 Disposition versions

1983-01-01

88. If the costs are imposed on the offender, they are recovered in accordance with Part I.

If the costs imposed on the prosecutor are not paid within the time prescribed, and if the prosecutor has not been bound by any recognizance conditioned to pay such costs, the court order is executory, on application of the person entitled to the costs, as a judgment of the Superior Court rendered in a civil matter, in accordance with the provisions of the Code of Civil Procedure (chapter C-25) relating to the execution of judgments.

R. S. 1964, c. 35, s. 82; 1969, c. 21, s. 35; 1982, c. 32, s. 16.

1977-12-31

88. (1)  If such costs are not paid within the time so limited, and the person ordered to pay the same has not been bound by any recognizance conditioned to pay such costs, the clerk of the Crown, on application of the person entitled to the costs, or of any person on his behalf, and on payment of any fee to which he is entitled, shall grant, to the person so applying, a certificate that the costs have not been paid.

(2)  Upon production of the certificate to a justice of the peace in and for the same territorial division, such justice may enforce the payment of the costs by warrant of distress, and in default of distress may by warrant commit the person against whom the warrant of distress has issued, for any term not exceeding one month, unless the amount of the costs and all costs and charges of the distress and also the costs of commitment and conveyance to a house of detention, if the justice thinks fit so to order, are sooner paid.

(3)  The said certificate shall be as in form 28, and the warrants of distress and commitment as in forms 29 and 30, respectively.

R. S. 1964, c. 35, s. 82; 1969, c. 21, s. 35.