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CHAPTER 467

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Provide for the
Conditional Liberation of Prisoners

Short title

1 This Act may be cited as the Ticket of Leave Act. R.S., c. 467, s. 1.

Licence for prisoner to be at large

2 (1) The Lieutenant Governor, by an order in writing under the hand and seal of the Solicitor General, may grant to any prisoner under sentence of imprisonment in a jail or other prison in the Province for an offence committed against any law or laws made by or under the authority of the Legislature, a licence at pleasure to be at large in the Province or in such part thereof as in such licence shall be mentioned, during such portion of his term of imprisonment, and upon such conditions in all respects as to the Lieutenant Governor may seem fit.

Revocation or alteration of licence

(2) The Lieutenant Governor may, in his discretion from time to time, revoke or alter such licence by a like order in writing, and notice to the holder of the licence shall not be necessary before such revocation or alteration. R.S., c. 467, s. 2.

Effect of licence on conviction and sentence

3 The conviction and sentence of any prisoner to whom a licence is granted under this Act shall be deemed to continue in force while such licence remains unforfeited and unrevoked, although execution thereof is suspended, but, so long as such licence continues in force and unrevoked or unforfeited, such prisoner shall not be liable to be imprisoned by reason of his sentence, but shall be allowed to go and remain at large according to the terms of such licence. R.S., c. 467, s. 3.

Form of licence

4 A licence under this Act may be in Form A in the Schedule, or to the like effect, or may, if the Lieutenant Governor thinks proper, be in any other form different from that given in the Schedule which he may think it expedient to adopt, and contain other and different conditions. R.S., c. 467, s. 4.

Conviction of indictable offence

5 If any holder of a licence under this Act is convicted of any indictable offence, his licence shall be forthwith forfeited. R.S., c. 467, s. 5.

Federal or Provincial offence

6 When any holder of a licence under this Act is convicted of an offence committed against any law or laws made by or under the authority of the Parliament of Canada or of the Legislature, the justice or justices convicting the prisoner shall forthwith forward by post a certificate in Form B in the Schedule to the Solicitor General, and thereupon the licence of the holder may be revoked in manner aforesaid. R.S., c. 467, s. 6.

Apprehension upon revocation or forfeiture

7 (1) If any such licence is revoked or forfeited, it shall be lawful for the Lieutenant Governor, by an order in writing under the hand and seal of the Solicitor General stating that such licence has been revoked or forfeited, as the case may be, to authorize and require the apprehension of the prisoner to whom the licence was granted, and such order in writing shall be sufficient authority for any constable or peace officer to apprehend the prisoner and to deliver him to the jail or other prison, from which he was released by virtue of the granting of the said licence.

Serving of unexpired sentence

(2) Upon the delivery of the prisoner to the jail or other prison in the manner aforesaid, such prisoner shall be remitted to his original sentence and shall undergo the residue of such sentence which remained unexpired at the time his licence was granted. R.S., c. 467, s. 7.

Where new sentence

8 (1) When any such licence is forfeited by a conviction of an indictable offence or other conviction, or is revoked in pursuance of a summary conviction or otherwise, the person whose licence is forfeited or revoked shall, after undergoing any other punishment to which he may be sentenced for any offence in consequence of which his licence is forfeited or revoked, further undergo a term of imprisonment equal to the portion of the term to which he was originally sentenced and which remained unexpired at the time his licence was granted.

Deemed part of original sentence

(2) In every case such prisoner shall be liable to be dealt with in all respects as if such term of imprisonment had formed part of his original sentence. R.S., c. 467, s. 8.

Notification by licencee of residence

9 (1) Every holder of a licence who is at large in the Province shall notify the place of his residence to the chief officer of police of the municipality, city or town or to the sheriff of the county in which he resides and shall

(a) whenever he changes such residence within the same municipality, city, town or county, notify such change to the said chief officer of police or sheriff;

(b) whenever he is about to leave a municipality, city, town or county, notify his intention to the chief officer of police or sheriff of the municipality, city, town or county, stating the place to which he is going and also, if required, and so far as is practicable, his address at that place; and

(c) whenever he arrives in any municipality, city, town or county, forthwith notify his place of residence to the chief officer of police of the last mentioned municipality, city or town or to the sheriff of the last mentioned county.

Duty of licencee to report monthly

(2) Every holder of such licence shall, once in each month, report himself at such time as may be prescribed by the chief officer of police of the municipality or town or to the sheriff of the county in which such holder may be, either to such chief officer of police or sheriff of the county himself, or to such other person as he may direct, and such report may, according as such chief officer of police or sheriff directs, be required to be made personally or by letter.

Waiver of provisions of Section

(3) The Lieutenant Governor may by order under the hand and seal of the Solicitor General remit any of the requirements of this Section either generally or in the case of any particular holder of a licence. R.S., c. 467, s. 9.

OFFENCES AND PENALTIES

Failure to comply with Section 9

10 (1) Any person, to whom Section 9 applies failing to comply with any of the requirements thereof is guilty of an offence against this Act unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the requirements.

Penalty

(2) On summary conviction of any such offence, the offender shall be liable in the discretion of the justice either to forfeit his licence or to imprisonment with or without hard labour for a term not exceeding one year. R.S., c. 467, s. 10.

Failure to produce or comply with licence

11 Any holder of a licence who

(a) fails to produce the same whenever required so to do by any judge or justice of the peace, before whom he may be brought charged with any offence, or by any peace officer in whose custody he may be, and fails to make any reasonable excuse for not producing the same; or

(b) breaks any of the other conditions of his licence by an act which is not of itself punishable either upon indictment or upon summary conviction,

is guilty of an offence against this Act upon summary conviction of which he shall be liable to imprisonment for three months with or without hard labour. R.S., c. 467, s. 11.

ADMINISTRATION

Duty of Solicitor General

12 It shall be the duty of the Solicitor General to advise the Lieutenant Governor upon all matters connected with or affecting the administration of this Act. R.S., c. 467, s. 12.

SCHEDULE

Form A

LICENCE

Halifax, . . . . . . . . . . day of . . . . . . . . . . , 19. . . . . His Honour the Lieutenant Governor is graciously pleased to grant to . . . . . . . . . ., who was convicted of . . . . . . . . . . at . . . . . . . . . . before (a judge or justice of the peace, as the case may be) for the . . . . . . . . . . on the . . . . . . . . . . and was sentenced to imprisonment in the . . . . . . . . . . (jail or prison, as the case may be) for the term of . . . . . . . . . ., and is now confined in the . . . . . . . . . ., licence to be at large in Nova Scotia from the date of his liberation under this order during the remaining portion of his term of imprisonment, unless the said . . . . . . . . . . shall before the expiration of the said term be convicted of an indictable offence within Canada or shall be summarily convicted of an offence involving forfeiture under this Act, in which case licence will be immediately forfeited by law, or unless it shall please His Honour sooner to revoke or alter such licence.

This licence is given subject to the conditions endorsed upon the same, upon the breach of any of which it will be liable to be revoked, whether such breach is followed by a conviction or not.

And His Honour hereby orders, that the said . . . . . . . . . . be set at liberty within thirty days from the date of this order.

Given under my hand and seal at . . . . . . . . . . the . . . . . . . . . . day of . . . . . . . . . ., 19. . . . .

. . . . . . . . . . . . . . . . .

Solicitor General

CONDITIONS

1. The holder shall preserve his licence and produce it when called upon to do so by a judge, justice of the peace or a peace officer.

2. He shall notify the proper authority of the place of his residence and changes thereof in the manner required by Section 9 of the Ticket of Leave Act.

3. He shall abstain from any violation of the law.

4. He shall not habitually associate with notoriously bad characters, such as reputed thieves and prostitutes.

5. He shall not lead an idle and dissolute life without visible means of obtaining an honest livelihood.

If his licence is forfeited or revoked in consequence of a conviction for any offence, he will be liable to undergo a term of imprisonment equal to the portion of his term of . . . . . . . . . . years which remained unexpired when his licence was granted, viz., the term of . . . . . . . . . . years.

Form B

CERTIFICATE OF CONVICTION

I do hereby certify that A. B., the holder of licence under the Ticket of Leave Act, was on the . . . . . . . . . . day of . . . . . . . . . . in the year duly convicted by and before . . . . . . . . . . of the offence of . . . . . . . . . . and sentenced to . . . . . . . . . .

. . . . . . . . . . . . . . . .

J .P., Co.

R.S., c. 467, Sch.

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