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First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 36

THE SUMMARY CONVICTIONS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. S230 amended

1           The Summary Convictions Act is amended by this Act.

2(1)        Subsection 17(4) is amended by striking out "on or before" and substituting ", and the penalty payable under subsection 17.1(1), on or before".

2(2)        Subsection 17(5) is amended by adding "and a penalty payable under subsection 17.1(1)" after "(2) or (3)".

2(3)        Subsection 17(6) is amended by striking out "and costs" and substituting ", costs and penalty".

2(4)        Clause 17(8)(b) of the English version is amended by striking out "information" and substituting "the information".

3           The following is added after section 17:

Penalty on default conviction

17.1(1)     Where under subsection 17(2), (3) or (10) a default conviction is entered against a person other than in respect of an offence referred to in subsection 16(2) (parking offences), the person shall pay a penalty of $35., or any greater amount that may be prescribed in the regulations, in addition to any fine and costs imposed by the justice.

Enforcement and collection of penalty

17.1(2)     Section 12.1 applies, with any necessary modifications, to the enforcement and collection of a penalty under subsection (1).

4(1)        Subsection 19.1(1) is amended by adding "and any penalty payable under subsection 17.1(1)" after "conviction".

4(2)        Subsection 19.1(2) is amended by adding "and any penalty payable under subsection 17.1(1)" after "fine".

4(3)        Subsection 19.1(4) is amended

(a) by adding "and any penalty payable under subsection 17.1(1)" after "pay the fine"; and

(b) by striking out "fine is paid" and substituting "fine, and any penalty payable under subsection 17.1(1), are paid".

4(4)        The part of subsection 19.1(6) before clause (a) is amended by adding ", or an unpaid penalty payable under subsection 17.1(1), " after "imposed".

5           Section 30 is amended by adding the following after clause (c):

(c.1) prescribing the amount of a penalty for the purpose of subsection 17.1(1);

Coming into force

6           This Act comes into force on November 1, 2000.

Explanatory Note

This Bill amends The Summary Convictions Act to require a person against whom a default conviction is entered to pay an extra penalty of $35.

The Bill allows the Lieutenant Governor in Council (Cabinet) to increase the amount of the penalty by regulation in the future.