Summary Offence Tickets Regulations
made under Sections 8, 8A and 8B of the
Summary Proceedings Act
R.S.N.S. 1989, c. 450
N.S. Reg. 281/2011 (effective October 4, 2011)
amended to N.S. Reg. 207/2024 (effective October 1, 2024)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Interpretation
Designated Offences
Designation of offences
Description of offence
Out of Court Settlement
Payable out of court
Out of court settlement amount
Components of out of court settlement amount
Indorsement by peace officer
Summary Offence Tickets
Form of summary offence tickets
Plea of guilty on summons
Notice of intention to appear
Electronic Completion and Processing of Summary Offence Tickets
Summary offence ticket completed electronically
Signing ticket electronically
Filing ticket electronically
Printing summary offence ticket completed electronically
Data added to summary offence ticket filed electronically
Parking-Infraction Tickets
Form of parking-infraction tickets
Victim surcharge exemption
Parking-infraction tickets completed electronically
Notice of parking infraction
Certificate of service
Filing ticket or certificate with Court
Striking out Convictions
When conviction struck out
Table of Schedules to Regulations
Citation
1 These regulations may be cited as the Summary Offence Tickets Regulations.
Interpretation
2 In these regulations,
“Act” means the Summary Proceedings Act;
“former regulations” means the Summary Offence Tickets Regulations,
N.S. Reg. 4/2001;
“JEIN” means the Justice Enterprise Information Network or any successor
information system in use by the Court Services Division of the Department of
Justice for processing summary offence tickets.
Designated Offences
Designation of offences
3 (1) The offences listed in Schedule PT are hereby designated for the purposes of
Section 8A of the Act.
(2) The offences listed in all Schedules other than Schedule PT are hereby designated
for the purposes of Section 8 of the Act.
Description of offence
4 In a summary offence ticket or a parking-infraction ticket, an offence may be described
by any of the following:
(a) the words set out in the applicable Schedule, opposite the number of the
Section providing for the offence;
(b) the words of the enactment;
(c) a concise expression that sufficiently describes the offence to the accused.
Out of Court Settlement
Payable out of court
5 (1) An offence charged in a summary offence ticket or a parking-infraction ticket is
one for which the penalty may be paid out of court if any of the following applies:
(a) there is an amount listed in the out of court settlement column opposite the
description of the offence in the applicable schedule;
(b) there is a category letter listed in the out of court settlement column
opposite the description of the offence in the applicable Schedule.
(2) If “Nil” appears in the out of court settlement column opposite the description of
the offence in the applicable schedule, the offence cannot be paid out of court.
Out of court settlement amount
6 (1) The amount to be paid for out of court settlement for an offence listed in a
schedule to these regulations is
(a) the amount that is listed in the out of court settlement column opposite the
description of the offence in the schedule; or
(b) for an offence that is punishable under an enactment as a category offence
under Section 4B of the Act, the amount listed in the following table for the
offence category letter that appears opposite the description of the offence in
the applicable schedule and for the incidence of the offence:
Category
|
Offence
|
Out of Court
Settlement
|
A
|
first offence
second offence
third or subsequent offence
|
$151.25
$180.00
$237.50
|
A
(parking)1
|
first offence
second offence
third or subsequent offence
|
$61.60
$86.60
$136.60
|
B
|
first offence
second offence
third or subsequent offence
|
$180.00
$237.50
$352.50
|
B
(parking)1
|
first offence
second offence
third or subsequent offence
|
$86.60
$136.60
$236.60
|
C
|
first offence
second offence
third or subsequent offence
|
$237.50
$352.50
$582.50
|
C
(parking)1
|
first offence
second offence
third or subsequent offence
|
$136.60
$236.60
$436.60
|
C
(double)2
|
first offence
second offence
third or subsequent offence
|
$352.50
$582.50
$1042.50
|
D
|
first offence
second offence
third or subsequent offence
|
$295.00
$467.50
$812.50
|
D
(double)2
|
first offence
second offence
third or subsequent offence
|
$467.50
$812.50
$1502.50
|
E
|
first offence
second offence
third or subsequent offence
|
$352.50
$582.50
$812.50
|
F
|
first offence
second offence
third or subsequent offence
|
$410.00
$697.50
$1272.50
|
F
(double)2
|
first offence
second offence
third or subsequent offence
|
$697.50
$1272.50
$2422.50
|
G
|
first offence
second offence
third or subsequent offence
|
$697.50
$1272.50
$2422.50
|
H
|
first offence
second offence
third or subsequent offence
|
$1272.50
$2422.50
$5872.50
|
I
|
first offence
second offence
third or subsequent offence
|
$1272.50
$2422.50
$4722.50
|
J
|
first offence
second offence
third or subsequent offence
|
$1847.50
$2997.50
$5872.50
|
K
|
first offence
second offence
third offence
|
$2422.50
$5872.50
$11 622.50
|
1
|
The amount to be paid for out of court settlement of a parking offence is reduced
by $36.60 if it is paid during the first 60 days after the ticket is issued.
|
2
|
“Double” indicates that the penalty prescribed for the offence is set at double the
usual penalty for the category letter.
|
(2) Despite subsection (1), the amount to be paid for out of court settlement for an
offence listed in Schedule PT is the minimum amount set out in subsection (1) for
the category of the offence, regardless of the incidence of the offence.
Components of out of court settlement amount
7 (1) An out of court settlement amount includes the penalty for the offence, the
$122.50 or $36.60 charge provided for in the Act and the victim surcharge referred
to in Section 7 of the Victims Rights and Services Act and the regulations under
that Act, if applicable.
(2) Despite subsection (1), for an offence for which a parking-infraction ticket is
issued, the $36.60 charge for parking offences provided for in the Act is waived
for the first 60 days after the date upon which the ticket is issued, but if the penalty
is paid after the first 60 days and the ticket has been filed with a Provincial Court,
the $36.60 charge must be included in the out of court settlement amount.
Indorsement by peace officer
8 In accordance with subsections 8(5) and (6) of the Act, a ticket may be indorsed by a
peace officer by entering 1 of the following, as applicable, on the summons portion of
the summary offence ticket or the parking-infraction ticket:
(a) the out of court settlement amount listed opposite the description of the
offence in the applicable Schedule;
(b) the out of court settlement amount set out in Section 6 that corresponds to
the offence category listed opposite the description of the offence in the
applicable Schedule and to the incidence of the offence.
Summary Offence Tickets
Form of summary offence tickets
9 (1) A summary offence ticket must be in the form set out in Form A, and includes the
certification required by subsection 8(10) of the Act.
(2) A summary offence ticket as prescribed under subsection (1) must be used for an
offence designated by subsection 3(2).
(3) Despite any other provision of these regulations, the former regulations as they
existed immediately before April 1, 2011, apply to a summary offence ticket
summons served before April 1, 2011, and, for greater certainty, the former
regulations must be read, interpreted and construed with respect to any such ticket
summons and related information and proceedings as if the former regulations
were not amended by N.S. Reg. 43/2011.
(4) Despite subsections (1) and (2), a summary offence ticket in Form A as prescribed
by N.S. Reg. 281/2011 may be used and processed as if it meets the requirements
of subsections (1) and (2).
Plea of guilty on summons
10 For the purposes of subsection 9(2) of the Act, the form of a plea of guilty on a
summons must be in the form set forth on the ticket prescribed under subsection 9(1).
Notice of intention to appear
11 A notice of intention to appear for the following purposes must be in Form A-1:
(a) for the purpose of pleading guilty to an offence and making a submission as
to penalty;
(b) for the purpose of entering a plea of not guilty and having a trial of the
matter.
Electronic Completion and Processing of Summary Offence Tickets
Summary offence ticket completed electronically
11A (1) A summary offence ticket may be completed electronically if the data required to
be recorded for the ticket meets all of the following criteria:
(a) it is the same or substantially the same as the information required by Form
A and is capable of being printed in accordance with Section 11D;
(b) it is intelligible and is in an electronic format that is compatible with JEIN;
(c) it cannot be altered after the ticket has been signed electronically in
accordance with Section 11B, other than to elaborate on, compress or
encrypt coded data as necessary for transmission to JEIN.
(2) A requirement in Section 8 of the Act for a person to enter or print information on
a summary offence ticket is satisfied by provision of the information as part of the
automated function of an electronic data system used to complete the ticket
electronically.
Signing ticket electronically
11B (1) A summary offence ticket may be signed electronically in accordance with this
Section.
(2) A summary offence ticket that is signed electronically must contain a unique code,
name or number assigned to a person that identifies that person as the originator of
the data entered or attested to by that person.
(3) The code, name or number referred to in subsection (2) must be
(a) generated by electronic means and attached to the data entered or attested to
by that person; and
(b) reasonably secure against unauthorized use.
(4) For the purpose of clause (3)(b), a code, name or number is presumed reasonably
secure against unauthorized use if it meets 1 of the following:
(a) the physical means of generating it are themselves protected;
(b) the electronic means of generating it are themselves a secure code or those
means are protected by a password issued in confidence to the signer.
Filing ticket electronically
11C (1) A summary offence ticket that is completed and signed electronically in
accordance with Sections 11A and 11B may be deposited under subsection 8(12)
of the Act if all of the following conditions are met:
(a) the data is transmitted without alteration to JEIN;
(b) the data is received in its entirety by JEIN;
(c) JEIN transmits an acknowledgment of receipt to the originating computer
system confirming receipt of intelligible data.
(2) Once the data for a summary offence ticket is received by JEIN, the systems
manager of JEIN must ensure that the data remains complete and unaltered.
Printing summary offence ticket completed electronically
11D (1) For the purpose of printing an original document under subsection 8B(2) of the
Act, a summary offence ticket that is completed, signed and filed electronically in
accordance with these regulations must meet all of the following printing
requirements:
(a) it must be printed in the form prescribed by subsection 9(1);
(b) it must be approved by the clerk of the court.
(2) Any portion of a summary offence ticket that is completed or signed electronically
and printed for the purpose of processing the ticket must be printed in the form
prescribed by subsection 9(1).
Data added to summary offence ticket filed electronically
11E (1) A person must not alter the data for a summary offence ticket that is filed
electronically, except to add data as permitted by this Section.
(2) The clerk of the court may authorize adding any data to complete the record of
conviction portion of a ticket that is filed electronically, including adding any of
the following:
(a) the disposition of the proceeding in which the ticket was used;
(b) the details of any enforcement measures.
(3) A justice may use electronic means to examine a summary offence ticket that is
filed electronically, to do any of the following:
(a) add any data required to complete the record of conviction in accordance
with subsection (2);
(b) electronically sign the ticket in accordance with Section 11B.
(4) A person authorized to add data in accordance with this Section may do so only if
the person has access to the summary offence ticket data through a password
issued to the person in confidence.
(5) Decoding and expanding coded data or abbreviations based on tables of
concordance does not constitute alteration of the data of a summary offence ticket.
Parking-Infraction Tickets
Form of parking-infraction tickets
12 (1) Except as provided in subsections (2) and (2A), a parking-infraction ticket must be
in the form set out in Form B.
(2) A parking-infraction ticket in the Halifax Regional Municipality may be in the
form set out in Form B-1.
(2A) A parking infraction ticket in Form B that is created in an electronic format may, in
place of the itemized list of Motor Vehicle Act violations, identify only the alleged
parking infraction, but the applicable penalty amount and the other portions of
Form B must remain the same.
(3) A parking-infraction ticket as prescribed under this Section must be used for an
offence designated by subsection 3(1).
Victim surcharge exemption
13 In accordance with the exemption in clause 7(3)(b) of the Victims’ Rights and Services
Act, the victim surcharge referred to in subsection 7(1) of that Act is not included in the
out of court settlement amount for a parking infraction as defined in subsection 8A(1) of
the Act.
Parking-infraction tickets completed electronically
14 If a parking-infraction ticket or certification that is in an electronic format is completed
and signed electronically, the ticket or certification must be completed and signed in an
electronic format that is compatible with the Justice Oriented Information System (JOIS)
or the Justice Enterprise Information Network (JEIN) or any successor system in use by
the Department of Justice, Court Services.
Notice of parking infraction
15 (1) In this Section and Section 16, “parking-infraction ticket administrator” means a
person duly appointed by the applicable municipal council as the Parking-Infraction Ticket Administrator or, in the case of an enforcement agency,
appointed by the head of that agency within the Province.
(2) A notice of parking infraction in the form set out in Form C and signed by the
Parking-Infraction Ticket Administrator constitutes the prescribed form for the
summons to appear for the parking infraction.
(3) The signature of the Parking-Infraction Ticket Administrator may be applied to the
notice prescribed in subsection (2) by stamp or electronically as part of the process
of printing the summons.
Certificate of service
16 A certificate of service for a parking-infraction ticket must be in the form set out in Form
D and shall be signed by the Parking-Infraction Ticket Administrator.
Filing ticket or certificate with Court
17 (1) A parking-infraction ticket or certificate of service may be filed with the
Provincial Court by electronic transmission or by filing a copy of the ticket or
certificate on an electronic capture device such as a compact disc.
(2) A parking-infraction ticket or certificate of service printed from an electronic
image constitutes an original as if filing in that form.
Striking out Convictions
When conviction struck out
18 (1) The fee for an application to strike out a conviction under subsection 8(18) of the
Act is
(a) for a single application, $54.50;
(b) for all applications for 2 or more convictions entered on the same day,
$81.75.
(2) Pursuant to subsection 8(20) of the Act, the maximum amount of costs to be
ordered by a judge to be paid by a defendant when a conviction is struck out is
$20.
(3) A certificate of a justice striking out a conviction for the purpose of subsection
8(17A) of the Act and under 8(18) of the Act must be in Form A-2.
Table of Schedules to Regulations
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
The following regulations are not yet in force and are
not included in the current consolidation:
*See subsection 3(6) of the Regulations Act for rules about
in force dates of regulations.
Note: Only regulations that are specifically repealed and
replaced appear in this table. It may not reflect the entire history of
regulations on this subject matter.