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

Section 38 Disposition versions

2021-04-29

38. The front of the pages or the data on the corresponding page screens in the statement of offence issued for a parking violation shall contain the headings, key words, texts and spaces allowing the following particulars to be entered:

(1)  in the page header:

(a)  the title “Statement of Offence” and the number of the statement of offence;

(b)  the judicial district in which the proceedings are instituted;

(c)  the prosecutor’s name and address; the prosecutor’s address may appear on the back of the statement of offence rather than on the front; and

(d)  the fact that the vehicle owner will be identified as the defendant, and the defendant’s name and address if known at the time the statement of offence is served;

(2)  in the section concerning the vehicle:

(a)  the vehicle’s registration number or, where applicable, the temporary registration certificate number, the name and address of the holder of the certificate and the province, territory or state that issued the registration;

(b)  the make and model of the vehicle; and

(c)  the place to which the vehicle has been towed, where applicable;

(3)  in the section concerning the time and the place at which the offence was committed:

(a)  the date and time when the offence was committed;

(b)  the place where the offence is alleged to have been committed;

(c)  specification of the vehicle position in relation to that place;

(d)  the parking control sign; and

(e)  the number of the parking meter;

(4)  in the section concerning the offence, a description of the offence;

(5)  in the section concerning the sentence:

(a)  the minimum fine and costs prescribed by law and, where applicable, the amount of the contribution;

(b)  the total amount of the fine, the costs and, where applicable, the contribution requested by the prosecutor; and

(c)  other requests allowed by law;

(6)  in the section concerning the attestation of the facts and the service of the statement of offence, or in separate sections relating to the attestation and service:

(a)  an attestation of the facts by the person who witnessed the offence or issued the statement of offence;

(b)  the name and capacity of the person attesting to the facts and badge number if the person is a police officer;

(c)  an attestation that the statement of offence was served at the time of the offence or subsequent to the commission of the offence, or mention of the fact that the defendant was not given a duplicate of the statement of offence;

(d)  the manner in which service was made;

(e)  the name and capacity of the person who served the statement of offence or mention of the fact that the person who attested to the facts also served the statement of offence;

(f)  the date and time of service or a reference to the document showing the date and time of service; and

(g)  the signature of the person attesting to the facts and of the person serving the statement of offence or, as the case may be, their respective signatures in electronic form or their electronic signature validation codes; if the same person attests to the facts and serves the statement of offence, an indication to that effect and the person’s signature for the attestation of the facts and the service or, as the case may be, the person’s signature in electronic form or the person’s electronic signature validation code;

(6.1)  in a section concerning warnings to the defendant, immediately after the section referred to in paragraph 6, the following boxed text in bold capital letters, in 9-point print or larger:

IMPORTANT

PLEASE READ WARNING NO. 1 ON THE BACK. HOWEVER, IF YOU ARE UNDER 18 YEARS OF AGE OR IF THIS BOX IS CHECKED ⃞ PLEASE READ WARNING NO. 2 ON THE BACK.

That section is used by the issuer of the statement of offence to notify the defendant of the default proceedings that apply;

(7)  (paragraph revoked);

(8)  the computer particulars prescribed in paragraphs 6 and 7 of section 25.

O.C. 1211-97, s. 38; O.C. 973-2003, s. 10; O.C. 633-2006, s. 8; O.C. 520-2021, s. 8.

2012-09-01

38. The front of the pages or the data on the corresponding page screens in the statement of offence issued for a parking violation shall contain the headings, key words, texts and spaces allowing the following particulars to be entered:

(1)  in the page header:

(a)  the title “Statement of Offence” and the number of the statement of offence;

(b)  the judicial district in which the proceedings are instituted;

(c)  the prosecutor’s name and address; the prosecutor’s address may appear on the back of the statement of offence rather than on the front; and

(d)  the fact that the vehicle owner will be identified as the defendant, and the defendant’s name and address if known at the time the statement of offence is served;

(2)  in the section concerning the vehicle:

(a)  the vehicle’s registration number or, where applicable, the temporary registration certificate number, the name and address of the holder of the certificate and the province, territory or state that issued the registration;

(b)  the make and model of the vehicle; and

(c)  the place to which the vehicle has been towed, where applicable;

(3)  in the section concerning the time and the place at which the offence was committed:

(a)  the date and time when the offence was committed;

(b)  the place where the offence is alleged to have been committed;

(c)  specification of the vehicle position in relation to that place;

(d)  the parking control sign; and

(e)  the number of the parking meter;

(4)  in the section concerning the offence, a description of the offence;

(5)  in the section concerning the sentence:

(a)  the minimum fine and costs prescribed by law and, where applicable, the amount of the contribution;

(b)  the total amount of the fine, the costs and, where applicable, the contribution requested by the prosecutor; and

(c)  other requests allowed by law;

(6)  in the section concerning the attestation of the facts and the service of the statement of offence, or in separate sections relating to the attestation and service:

(a)  an attestation of the facts by the person who witnessed the offence or issued the statement of offence;

(b)  the name and capacity of the person attesting to the facts and badge number if the person is a police officer;

(c)  an attestation that the statement of offence was served at the time of the offence or subsequent to the commission of the offence, or mention of the fact that the defendant was not given a duplicate of the statement of offence;

(d)  the manner in which service was made;

(e)  the name and capacity of the person who served the statement of offence or mention of the fact that the person who attested to the facts also served the statement of offence;

(f)  the date and time of service or a reference to the document showing the date and time of service; and

(g)  the signature of the person attesting to the facts and of the person serving the statement of offence or, as the case may be, their respective signatures in electronic form or their electronic signature validation codes; if the same person attests to the facts and serves the statement of offence, an indication to that effect and the person’s signature for the attestation of the facts and the service or, as the case may be, the person’s signature in electronic form or the person’s electronic signature validation code;

(6.1)  in a section concerning warnings to the defendant, immediately after the section referred to in paragraph 6, the following boxed text in bold capital letters, in 9-point print or larger:

 _____________________________________
|                                     |
|              IMPORTANT              |
|_____________________________________|
|                                     |
| PLEASE READ WARNING NO. 1 ON THE    |
| BACK. HOWEVER, IF YOU ARE UNDER 18  |
| YEARS OF AGE OR IF THIS BOX IS      |
| CHECKED □ PLEASE READ WARNING NO. 2 |
| ON THE BACK.                        |
|_____________________________________|

That section is used by the issuer of the statement of offence to notify the defendant of the default proceedings that apply;

(7)  in the section concerning the conversion of the statement of offence into hard copy, the particulars prescribed in paragraph 5 of section 25; and

(8)  the computer particulars prescribed in paragraphs 6 and 7 of section 25.

O.C. 1211-97, s. 38; O.C. 973-2003, s. 10; O.C. 633-2006, s. 8.