Difference between revisions of "Substantive Law on Criminal Offences (1:V)"

The ''Offence Act'', RSBC 1996, c 338 provides that offences created under a provincial enactment (often called "regulatory offences") are punishable by summary conviction (s 2). The Act establishes the maximum penalties that may be imposed upon conviction for a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties (s 4).

The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the ''Offence Act''. However, the procedure to be followed may be altered by the provincial statute that creates the specific offence.

Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.