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2nd Session, 40th 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 or view the online bilingual version (PDF).

Bill 38

THE PROVINCIAL OFFENCES ACT AND MUNICIPAL BY-LAW ENFORCEMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

Provincial Offences Act

1           The Provincial Offences Act set out in Schedule A is hereby enacted.

Municipal By-law Enforcement Act

2           The Municipal By-law Enforcement Act set out in Schedule B is hereby enacted.

Amendments to Schedule B

3(1)        Schedule B is amended in the manner set out in this section.

3(2)        Subsection 4(1) is amended

(a) in the section heading, by striking out "Summary Convictions Act" and substituting "Provincial Offences Act"; and

(b) in the section, by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

3(3)         Subsection 4(2) is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

3(4)         Section 24 is amended by striking out "sections 23.1 to 23.3 of The Summary Convictions Act" and substituting "sections 92 to 94 of The Provincial Offences Act".

Coming into force

4(1)        Subject to this section, this Act comes into force on the day it receives royal assent.

Coming into force — Schedules

4(2)        The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.

Coming into force — section 3

4(3)        Section 3 comes into force on the day that section 2 of Schedule A comes into force.


SCHEDULE A

THE PROVINCIAL OFFENCES ACT

TABLE OF CONTENTS

Section

PART 1 — INTRODUCTORY PROVISIONS

1   Definitions

2   When this Act applies

3   General offence

4   General penalty

5   Limitation period

PART 2 — COMMENCING PROCEEDINGS BY TICKET

6   Definitions

COMPLETING AND SERVING A TICKET

7   Completing and serving a ticket

8   Content of ticket

9   Photo enforcement ticket

10  Vehicle owner liable to pay parking or photo enforcement ticket

11  Ticket valid despite irregularities

12  Electronic tickets

13  How ticket to be served

14  Ticket filed with the court

HOW TO RESPOND TO A TICKET

15  Ways to respond to a ticket

16  If offence is admitted — fine paid

17  If offence is admitted — amount disputed

18  If offence not admitted — hearing request

DEFAULT CONVICTION

19  Default conviction if person fails to act

20  Notice of default conviction

21  Application to set aside default conviction

PART 3 — COMMENCING PROCEEDINGS BY INFORMATION

22  Commencing a proceeding by information

23  Completing an information

24  Justice to review information

25  Summons to appear

26  Serving the summons

27  Defendant must appear

28  Arrest warrant in limited circumstances

29  If defendant admits the offence

30  Imposing conditions on defendant

31  Appearance notice before information laid

PART 4 — SEARCH WARRANTS, SEIZURE OF EVIDENCE AND WARRANTS TO ENTER

32  Definitions

33  Application of this Part

SEARCH WARRANTS

34  Applying for a search warrant

35  Authority of search warrant

36  Securing place to be searched

37  Executing search warrant

38  Additional seizure powers

SEIZED THINGS

39  Duty of person who seizes things

40  Extending detention period

41  Application to examine or test

42  Return or disposition of seized things

43  Perishable or hazardous things

44  Forfeiture of seized things below a prescribed value

45  Copies of seized records

WARRANT TO ENTER AND INSPECT

46  Warrant to enter and inspect

PART 5 — ARREST AND RELEASE

47  Arrest without a warrant

48  Release from custody

49  Grounds for issuing an arrest warrant

50  Appearance before justice within 24 hours

PART 6 — HEARINGS AND OTHER PROCEEDINGS

51  When must a hearing be held?

52  Pre-hearing conference

53  Appearance of the defendant or representative

54  Defendant may be compelled to attend

55  Defendant may admit or deny charge

56  Withdrawing or staying a charge

57  Attorney General may intervene

58  Powers of a justice at a hearing or proceeding

59  Evidence generally

60  Admissible evidence

61  Burden of proving an exception

62  Business records

63  Certificate evidence

64  Subpoena directed to a witness

65  Arrest of witness who fails to respond to subpoena

66  Defendant convicted or charge dismissed

67  Proceeding on an information if defendant absent

PART 7 — SENTENCING

68  Purpose of sentencing

69  Submissions about penalty

70  Victim impact statement

71  Ticket — penalty on conviction

72  Information — penalty on conviction

73  Payment of court costs and surcharges

74  Imprisonment

75  Conditions may be imposed

76  Reprimand

77  Forfeiture of unlawful things

78  Request for time to pay

PART 8 — APPEALS

79  Right to appeal

80  Notice of appeal or application for leave

81  Stay

82  Decision on appeal

83  Direct appeal to Court of Appeal

84  Further appeal

85  Custody pending appeal

PART 9 — COLLECTION AND ENFORCEMENT

86  Definitions

87  Enforcement of unpaid fines

DRIVER'S LICENCE AND VEHICLE REGISTRATION REMEDIES

88  Notice of collection action

89  Remedies re driver's licence and vehicle registration

FILING A CERTIFICATE IN THE QUEEN'S BENCH

90  Filing a certificate for unpaid fines in Queen's Bench

91  Default on a restitution order

LIENS

92  Lien on personal property

93  Registration of lien in Personal Property Registry

94  Notice of lien

REQUEST FOR INFORMATION ABOUT DEBTOR

95  Request for information about debtor

PART 10 — GENERAL PROVISIONS

96  Evidence to be recorded

97  Evidence under oath

98  Common law defences apply

99  Ignorance of the law

100 Civil remedies preserved

101 Minimum age

102 Secondary liability for an offence

103 Contempt

104 Interpreters

105 Validity of documents

106 How notice is to be given

107 Proof of service

108 Court costs on a ticket

109 No surcharge for parking or prescribed offences

110 How payments are to be applied

111 Regulations

112 Regulations by minister

113 Application of Criminal Code

114 Offences and penalties

115 Rounding amounts payable to nearest dollar

116 Order made by justice under another Act

117 Overviews

PART 11 — CONSEQUENTIAL AND RELATED AMENDMENTS

118-139 Amendments to other Acts

PART 12 — TRANSITIONAL, REPEAL AND COMING INTO FORCE

140-144 Transitional provisions

145 Repeal of Summary Convictions Act

146 C.C.S.M. reference

147 Coming into force


THE PROVINCIAL OFFENCES ACT

PART 1

INTRODUCTORY PROVISIONS


Contents

1   Definitions

2   When this Act applies

3   General offence

4   General penalty

5   Limitation period


Overview

Provincial offences can be created by provincial statutes and regulations as well as by municipal by-laws. This Act governs how those offences are prosecuted.

A prosecution for a provincial offence must be started within one year after the offence occurs, unless another Act sets a different period. The maximum penalty for a provincial offence is a fine of $5,000, unless another Act provides otherwise.

Certain words and phrases used throughout the Act are defined.


DEFINITIONS

Definitions

1           The following definitions apply in this Act.

"court" means the Provincial Court of Manitoba. (« tribunal »)

"default conviction penalty" means the default conviction penalty prescribed for the purpose of Part 2. (« pénalité de déclaration de culpabilité par défaut »)

"driver's licence" means a driver's licence as defined in The Drivers and Vehicles Act. (« permis de conduire »)

"enactment" means an Act of the Legislature or a regulation as defined in The Regulations Act. (« texte législatif »)

"enforcement officer" means

(a) a police officer as defined in The Police Services Act;

(b) a member of the Royal Canadian Mounted Police;

(c) subject to the regulations, a person appointed or designated under an Act to enforce that Act;

(d) in relation to a municipal offence, a person appointed or designated under The Municipal Act or The City of Winnipeg Charter to enforce municipal offences; or

(e) any other person or class of persons designated in the regulations. (« agent d'exécution »)

"image capturing enforcement system" means an image capturing enforcement system as defined in The Highway Traffic Act. (« système de saisie d'image »)

"information", in relation to commencement of proceedings, means an information laid before a justice under Part 3. (« dénonciation »)

"justice" means a justice of the peace or a judge of the court. (« juge »)

"licence plate" of a vehicle means a number plate as defined in The Drivers and Vehicles Act. (« plaque d'immatriculation »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipal offence" means a contravention of a by-law made by a municipality or of a provision of an Act that makes it an offence to contravene a by-law. (« infraction municipale »)

"municipality" includes a local government district. (« municipalité »)

"oath" includes an affirmation or declaration. (« serment »)

"offence" means an offence under an Act or regulation and includes a municipal offence. (« infraction »)

"owner", in relation to a vehicle, has the same meaning as in The Drivers and Vehicles Act. (« propriétaire »)

"parking offence" means an offence with respect to the parking, standing or stopping of a vehicle, and includes abandoning a vehicle. (« infraction de stationnement »)

"photo enforcement offence" means an offence under The Highway Traffic Act in respect of which that Act permits evidence to be obtained by an image capturing enforcement system. (« infraction prouvable par saisie d'image »)

"prescribed" means prescribed by regulation.

"preset fine" means,

(a) for a municipal offence, the amount set by municipal by-law as the preset fine for that offence;

(b) for an offence under The Public Works Act, the amount prescribed under that Act as the preset fine for that offence; and

(c) for any other offence, the amount prescribed under this Act as the preset fine for that offence. (« amende prédéterminée »)

"prosecutor" means

(a) the Attorney General or the person who lays an information, and includes an agent acting on behalf of either of them;

(b) in the case of a municipal offence, an agent of the municipality. (« poursuivant »)

"Registrar of Motor Vehicles" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act. (« registraire des véhicules automobiles »)

"ticket" means a ticket referred to in Part 2. (« procès-verbal d'infraction » ou « procès-verbal »)

"vehicle" means a motor vehicle or vehicle as defined in The Highway Traffic Act. (« véhicule »)

APPLICATION OF THIS ACT

When this Act applies

2(1)        This Act applies to every case in which a person commits or is suspected of having committed an offence, unless another Act provides otherwise.

When this Act does not apply — municipal by-laws

2(2)        As exceptions to subsection (1), this Act does not apply to

(a) offences related to the parking, standing or stopping of vehicles under municipal by-laws; or

(b) contraventions of municipal by-laws designated under clause 3(2)(a) of The Municipal By-law Enforcement Act.

References to summary conviction process

2(3)        When another Act provides that a person is liable to a penalty on summary conviction, this Act applies.

GENERAL OFFENCE

General offence

3           For the purpose of this Act, a person who contravenes an enactment by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence against the enactment.

General penalty

4           Unless otherwise specifically provided under an Act, a person who is convicted of an offence is liable to a fine of not more than $5,000.

LIMITATION PERIOD

Limitation period

5(1)        Unless otherwise specifically provided under an Act, no proceedings to which this Act applies may be commenced more than one year after the offence is alleged to have occurred.

If continuing offence

5(2)        If an offence occurs over time, a prosecution must not be commenced more than one year after the last occurrence of the alleged offence.


PART 2

COMMENCING PROCEEDINGS BY TICKET


Contents

6   Definitions

COMPLETING AND SERVING A TICKET

7   Completing and serving a ticket

8   Content of ticket

9   Photo enforcement ticket

10  Vehicle owner liable to pay parking or photo enforcement ticket

11  Ticket valid despite irregularities

12  Electronic tickets

13  How ticket to be served

14  Ticket filed with the court

HOW TO RESPOND TO A TICKET

15  Ways to respond to a ticket

16  If offence is admitted — fine paid

17  If offence is admitted — amount disputed

18  If offence not admitted — hearing request

DEFAULT CONVICTION

19  Default conviction if person fails to act

20  Notice of default conviction

21  Application to set aside default conviction


Overview

A person can be charged with a provincial offence in one of two ways — by a ticket issued under this Part, or by a more formal process that compels the person to come to court, which is set out in Part 3.

Tickets are generally issued for less serious offences and may be used only if there is a preset fine for the offence.

A person who receives a ticket has the option of paying the fine indicated on the ticket, making a submission that the fine should be reduced, or asking for a hearing under Part 6 to dispute the charge. A person who does not respond to a ticket is considered to have admitted the offence and is convicted by default.


Definitions

6           The following definitions apply in this Part.

"fine" means the total of the following amounts:

(a) the preset fine;

(b) the court costs referred to in section 108;

(c) the justice services surcharge prescribed for the purpose of this Act;

(d) the surcharge established under The Victims' Bill of Rights. (« amende »)

"response period" means the period established by regulation within which a person may respond to a ticket. (« délai de réponse »)

COMPLETING A TICKET

Completing a ticket

7(1)        An enforcement officer who believes on reasonable grounds that a person has committed an offence for which there is a preset fine may commence a prosecution for that offence by completing a ticket in the prescribed form.

Ticket to be dated and signed

7(2)        A ticket must be signed and dated by the enforcement officer completing it.

Ticket to be served on person charged

7(3)        A ticket must be served on the person charged with the offence, in accordance with this Part.

Content of ticket

8(1)        Subject to section 9 (photo enforcement), a ticket must set out the following information:

(a) the name of the person charged with the offence, and the person's address, if known, unless the ticket is for a parking offence;

(b) the alleged offence;

(c) the date on which and the approximate time when and approximate location where the offence is alleged to have been committed;

(d) if the alleged offence was committed in connection with a motor vehicle,

(i) the numbers and letters shown on the licence plate (if the vehicle has one), and

(ii) the driver's licence or permit number of the person operating the vehicle (if they hold one), unless the ticket is for a parking offence;

(e) the fine payable;

(f) how and within what period the person charged with the offence may respond to the ticket;

(g) that a person who fails to respond is deemed to have admitted the offence.

How to specify the offence

8(2)        The enforcement officer completing a ticket may set out the alleged offence by

(a) placing a mark in the appropriate space on the ticket to indicate the offence; or

(b) writing a brief description of the offence.

Description of offence

8(3)        The use of a prescribed word, description or abbreviation to set out an alleged offence in a ticket is sufficient to describe that offence.

No need for oath

8(4)        A ticket is valid even though it is not made under oath.

Ticket need not set out driver's licence

8(5)        Despite subsection (1), a ticket is not invalid because it fails to set out the driver's licence or permit number of a person operating a vehicle.

Photo enforcement ticket

9(1)        If an enforcement officer believes, based on evidence obtained by an image capturing enforcement system, that a vehicle was involved in contravening a photo enforcement offence, the officer may commence a prosecution against the owner of the vehicle by completing a ticket and serving it, or ensuring that it is served, on the owner.

Content of photo enforcement ticket

9(2)        A ticket for a photo enforcement offence must be in the prescribed form and set out the following information:

(a) the name and last known address of the owner of the vehicle as indicated in the records of the Registrar of Motor Vehicles;

(b) the alleged offence;

(c) the date on which and the approximate time when and approximate location where the offence is alleged to have been committed;

(d) the numbers and letters shown on the vehicle licence plate in the image from the image capturing enforcement system;

(e) the enforcement officer's name, organization and badge or other identification number;

(f) a reproduction of the image of the vehicle from the image capturing enforcement system, either reproduced on the ticket or attached to it;

(g) if the ticket and reproduction of the image from the image capturing enforcement system are mailed to the owner of the vehicle under subsection 13(2), the date of mailing;

(h) the enforcement officer's signature or a facsimile of it printed or reproduced on the ticket, or an electronic signature;

(i) the fine payable;

(j) how and within what period the person charged with the offence may respond to the ticket;

(k) that a person who fails to respond is deemed to have admitted the offence;

(l) any other prescribed information.

Vehicle owner liable to pay parking or photo enforcement ticket

10          In the case of a ticket for a parking offence or a photo enforcement offence, the owner of the vehicle as indicated in the records of the Registrar of Motor Vehicles is, upon being served with the ticket, liable to pay the fine indicated on the ticket.

Ticket valid despite irregularities

11(1)       The validity of a ticket is not affected by an irregularity or minor error in its form or substance that can be readily corrected without prejudicing the defendant, and a justice may make such a correction.

Quashing a ticket

11(2)       A justice must quash a ticket that fails to meet the requirements of this Part if it cannot be corrected under subsection (1).

Electronic tickets

12(1)       A ticket may be created and completed in an electronic or other form that allows it to be reproduced in an understandable form.

Electronic signature

12(2)       An enforcement officer may sign a ticket by using an electronic signature created by an electronic scanner, electronic signature pad or other prescribed method.

Sending a ticket in electronic form

12(3)       A ticket in electronic form may be sent, received, transmitted, stored and otherwise dealt with electronically and may be converted to paper, and a paper ticket may be converted to electronic form.

SERVING AND FILING A TICKET

How ticket to be served

13(1)       Subject to this section, a ticket may be served on the defendant as follows:

(a) if the defendant is an individual, by serving it personally on the defendant or, if the defendant cannot conveniently be found, by leaving it for the defendant with a resident at the defendant's usual residence who appears to be at least 16 years old;

(b) if the defendant is a corporation,

(i) by serving it personally on an officer or director of the corporation or on a person who appears to be in charge at a place where the corporation carries on business, or

(ii) by sending the ticket by regular mail to the corporation's registered office, in which case it is deemed to have been served seven days after the day it was mailed.

Serving a photo enforcement ticket

13(2)       A photo enforcement ticket may be served on the owner of the vehicle by sending it by regular mail to the owner's last known address as indicated in the records of the Registrar of Motor Vehicles within 14 days after the date of the alleged offence. The ticket is deemed to have been served seven days after the day it was mailed.

Serving a parking ticket

13(3)       A ticket for a parking offence is deemed to have been served on the owner of a vehicle when it is

(a) affixed to the vehicle at the time of the alleged offence; or

(b) served personally on the person having care and control of the vehicle at the time of the alleged offence.

Serving an employee of vehicle owner

13(4)       When an offence specified in a ticket is an offence by the owner of a vehicle and not by the driver or the person having care and control of the vehicle, if the driver or person having care and control is an employee of the vehicle owner, serving the ticket personally on the driver or person having care and control is deemed to be personal service on the owner.

Substituted service

13(5)       If an individual defendant cannot be served with a ticket in the manner authorized by this Part, substituted service may be made in any way that a justice may order.

Ticket filed with the court

14          A copy of a ticket served on a defendant must be filed with the court within the prescribed time period.

HOW TO RESPOND TO A TICKET

Ways to respond to a ticket

15          A person who is served with a ticket may do one of the following within the response period indicated on the ticket:

(a) pay the fine indicated on the ticket in the manner set out in the ticket;

(b) admit the offence but seek a reduction in the fine or time to pay in accordance with section 17;

(c) dispute the charge and request a hearing in the manner set out in the ticket.

If offence is admitted — fine paid

16          When the fine indicated on the ticket is paid under clause 15(a), the person served with the ticket is deemed to have admitted the offence, and a conviction may be entered against them without the involvement of a justice.

If offence is admitted — amount disputed

17(1)       If the person served with a ticket admits the offence but wishes to seek a reduction in the fine indicated on the ticket or time to pay, they must appear in the manner set out in the ticket and make submissions as to the amount of the fine, including time to pay.

Submissions under oath

17(2)       The justice may require submissions under subsection (1) to be made under oath.

Justice to consider fine

17(3)       A justice must consider and weigh any submissions made under subsection (1) and may

(a) impose the fine indicated on the ticket; or

(b) if the justice is satisfied that exceptional circumstances exist,

(i) impose a lesser fine than that indicated on the ticket, or

(ii) reprimand the person;

and may allow time to pay.

Notice of fine

17(4)       The court must give the person a notice setting out the amount of a fine imposed under subsection (3) and the date by which it must be paid.

If hearing requested

18          Upon receiving a hearing request under clause 15(c), the court must set a date for a hearing under Part 6 and give the person notice of the time and place of the hearing.

DEFAULT CONVICTION IF PERSON FAILS TO RESPOND

Default conviction if person fails to respond

19(1)       If a person served with a ticket fails to take any of the actions in section 15 within the response period indicated on the ticket,

(a) the person is deemed to have admitted the offence;

(b) a default conviction is to be entered against the person without the involvement of a justice; and

(c) the fine indicated on the ticket and a default conviction penalty are automatically imposed on the person.

Default conviction if person fails to appear at hearing

19(2)       If a person who requested a hearing under clause 15(c) fails to appear at the hearing after having been given notice under section 18, a justice may, without further notice, enter a default conviction against the person and impose the fine indicated on the ticket and the default conviction penalty.

No default conviction penalty for parking offence

19(3)       A default conviction penalty is not payable for a parking offence.

Notice of default conviction

20          When a default conviction is entered against a person, the court must give the person a notice setting out the following:

(a) that a default conviction has been entered;

(b) the amount of the fine and default conviction penalty imposed;

(c) that the person may apply to have the default conviction set aside under subsection 21(1).

APPLICATION TO SET ASIDE DEFAULT CONVICTION

Application to set aside default conviction

21(1)       A person against whom a default conviction has been entered may appear before a justice and apply to have the conviction set aside.

Application within 30 days

21(2)       An application must be made within 30 days after the person is given notice of the default conviction under section 20, unless the justice extends the time.

Fee

21(3)       An application must be accompanied by the prescribed application fee, which is to be refunded if the default conviction is set aside.

Setting aside the conviction

21(4)       A justice may, after a hearing, set aside a default conviction if the justice is satisfied that

(a) through no fault of the person, they did not receive the ticket or a notice required to be provided under this Part; or

(b) exceptional circumstances prevented the person from dealing with the ticket, such as an extended absence from Manitoba or a serious medical condition.

When conviction set aside

21(5)       A justice who sets aside a default conviction must ask the person whether they admit the offence or wish to dispute the charge.

If conviction set aside — offence admitted

21(6)       If a default conviction is set aside but the person admits the offence, the justice must give the person an opportunity to make submissions as to the amount of the fine, including time to pay. The justice may

(a) impose the fine indicated on the ticket; or

(b) if the justice is satisfied that exceptional circumstances exist,

(i) impose a lesser fine than that indicated on the ticket, or

(ii) reprimand the person;

and may allow time to pay.

If conviction set aside — charge disputed

21(7)       If a default conviction is set aside and the person wishes to dispute the charge, the justice may proceed to hear the matter or direct the court to set a date for a hearing under Part 6 and give the person a notice of the time and place of the hearing.

If person fails to appear

21(8)       If a person fails to appear at a hearing set under subsection (7),

(a) the person is deemed to have admitted the offence and the justice must enter a default conviction against the person;

(b) the fine indicated on the ticket and a default conviction penalty are automatically imposed on the person; and

(c) despite any other provision of this Act, no steps may be taken to set aside the default conviction or obtain a new hearing in relation to the offence.

Notice of default conviction

21(9)       When a default conviction is entered under subsection (8), the court must give the person a notice setting out the following:

(a) that a default conviction has been entered;

(b) the amount of the fine and default conviction penalty imposed;

(c) that the person may not take any further steps to set aside the default conviction or obtain a new hearing in relation to the offence.


PART 3

COMMENCING PROCEEDINGS BY INFORMATION


Contents

22  Commencing a proceeding by information

23  Completing an information

24  Justice to review information

25  Summons to appear

26  Serving the summons

27  Defendant must appear

28  Arrest warrant in limited circumstances

29  If defendant admits the offence

30  Imposing conditions on defendant

31  Appearance notice before information laid


Overview

This Part deals with provincial offences that must be brought before a justice of the court to be resolved.

A charge under this Part is begun by a person giving information under oath to a justice about an alleged offence (referred to as "laying an information"). If the justice is satisfied that there is sufficient information to support a charge, he or she will issue a summons to the person alleged to have committed the offence. The summons describes the offence and requires the person to come to court at a specified time.

A person can appear before a justice to admit the offence and make a submission about the appropriate penalty. If the person wishes to dispute the charge, a hearing is scheduled before a justice. A person who does not appear in court to respond to a summons may be arrested, or the justice may decide the matter in the person's absence.


Commencing a proceeding by information

22(1)       In addition to the ticket process set out in Part 2, a prosecution for an offence may be commenced by laying an information before a justice.

Exception if ticket already served

22(2)       If a ticket has already been served on a defendant, an information may not be laid in respect of the same offence except with the consent of the Attorney General or his or her agent. The ticket is void once an information is laid.

COMPLETING AND LAYING AN INFORMATION

Completing an information

23(1)       An enforcement officer or other person who believes on reasonable grounds that a person has committed an offence may complete an information respecting the alleged offence in accordance with this Part.

Prescribed form and under oath

23(2)       An information must be in the prescribed form and be made under oath.

Content of information

23(3)       An information must set out the following:

(a) the name of the person alleged to have committed the offence;

(b) the alleged offence;

(c) the date on which and the approximate location where the offence is alleged to have been committed;

(d) sufficient detail of the circumstances of the alleged offence to give the person alleged to have committed the offence reasonable information about the act or omission to be proved against them.

Description of offence

23(4)       For the purpose of clause (3)(b), an information may set out the alleged offence by specifying the section of the enactment or by-law that describes the offence, by using the words of the enactment or by-law, or by using other words sufficient to give the defendant notice of the offence.

Information to be laid before justice

24(1)       An information must be laid before a justice, either in person or by other means acceptable to the court. Subsection 97(2) applies when the information is not laid in person.

Justice to review information

24(2)       A justice must review the information and, when he or she considers it desirable to do so, hear and consider in the absence of the defendant the allegations of the person who laid the information and the evidence of any witnesses.

SUMMONS TO APPEAR

Summons to appear

25(1)       If, after completing a review of an information under subsection 24(2), the justice considers that there is evidence of each element of the alleged offence and that the defendant should be required to answer to the charge, the justice may issue a summons compelling the defendant to appear before a justice.

Content of summons

25(2)       A summons must be in the prescribed form and must

(a) be directed to the defendant;

(b) briefly set out the offence charged; and

(c) require the defendant to appear at a time and place stated in the summons.

Notice of private prosecution to Attorney General

25(3)       When a summons is issued on the basis of an information laid by a person who is not an enforcement officer, the justice issuing the summons must provide a copy of the information to the Attorney General.

Serving the summons

26(1)       If the defendant is an individual, a summons must be served personally or, if the defendant cannot conveniently be found, by leaving it for the defendant with a resident at the defendant's usual residence who appears to be at least 16 years old.

Service outside Manitoba

26(2)       Despite subsection (1), when a summons is directed to a person who does not reside in Manitoba, the summons may be sent by registered mail to the person's last known address.

Service on corporation

26(3)       A summons may be served on a corporation,

(a) by serving it personally on an officer or director of the corporation or on a person who appears to be in charge at a place where the corporation carries on business; or

(b) by sending the summons by regular mail to the corporation's registered office, in which case it is deemed to have been served seven days after the day it was mailed.

Defendant must appear

27          A defendant who is served with a summons must appear at the time and place set out in the summons, and at any subsequent time and place required by the court.

Arrest warrant in limited circumstances

28          Instead of a summons, a justice may issue an arrest warrant for a defendant under section 49 if the justice is satisfied, based on information provided by an enforcement officer, that an arrest is necessary in the public interest

(a) to ensure the defendant's attendance in court; or

(b) to prevent the continuation or repetition of the offence or the commission of another offence.

ANSWERING AN INFORMATION

If defendant admits the offence

29(1)       When a defendant appears before a justice to admit the offence charged in an information, the justice may, after giving the prosecutor and the defendant an opportunity to make submissions as to the penalty, including time to pay,

(a) impose any penalty authorized by law; or

(b) if the justice is satisfied that exceptional circumstances exist, reprimand the defendant unless the Act creating the offence provides for a minimum penalty;

and may allow time to pay.

Submissions under oath

29(2)       The justice may require the defendant's submissions to be made under oath.

Payment of court costs and surcharges

29(3)       A defendant on whom a fine is imposed under subsection (1) must pay the following additional amounts:

(a) court costs equal to 30% of the fine imposed;

(b) the prescribed justice services surcharge;

(c) the surcharge established under The Victims' Bill of Rights.

Reduction or waiver of costs and surcharge

29(4)       A justice who is satisfied that exceptional circumstances exist may reduce or waive the court costs or the justice services surcharge payable under subsection (3).

If defendant disputes the charge

29(5)       When a defendant appears before a justice to dispute the charge in an information, the justice must set a date for a hearing under Part 6.

Notice of court date

29(6)       The court must give the defendant notice of the time and place of a hearing set under subsection (5).

CONDITIONS ON DEFENDANT PENDING DISPOSITION

Attorney General may apply for conditions

30(1)       Pending final disposition of a proceeding commenced by an information, the Attorney General or his or her agent may apply to a justice to impose conditions on the defendant for the purpose of preventing the continuation or repetition of the offence or the commission of another offence.

Defendant may make submissions

30(2)       The justice must give the defendant an opportunity to make submissions before conditions are imposed.

Order

30(3)       The justice may, by order, impose any conditions on the defendant that the justice considers necessary to prevent the continuation or repetition of the offence or the commission of another offence.

Copy of order to defendant

30(4)       The court must give the defendant a copy of an order that imposes conditions.

Conditions effective until matter disposed of

30(5)       Conditions imposed in an order remain in effect until varied or removed by a justice, or until the matter is finally disposed of.

APPEARANCE NOTICE BEFORE INFORMATION LAID

Appearance notice before information laid

31(1)       Before laying an information, an enforcement officer who believes on reasonable grounds that a person has committed an offence may issue an appearance notice to the person requiring them to come to court at a specified time.

Content

31(2)       An appearance notice must

(a) name the person who is the subject of the notice;

(b) describe the alleged offence; and

(c) require the person to attend court at a specified time and place.

Serving the notice

31(3)       An appearance notice must be served personally on the person who is the subject of it.

Information must be laid before date of appearance

31(4)       After an appearance notice has been served, an information respecting the alleged offence must be laid before a justice under subsection 24(1) as soon as practicable and, in any event, before the time specified in the appearance notice for the person to attend court.

Person must appear

31(5)       A person who is served with an appearance notice must appear at the time and place set out in the notice, and at any subsequent time and place required by the court.

Appearance notice void if no information laid

31(6)       An appearance notice is void if an information is not laid as required by subsection (4).


PART 4

SEARCH WARRANTS, SEIZURE OF EVIDENCE AND WARRANTS TO ENTER


Contents

32  Definitions

33  Application of this Part

SEARCH WARRANTS

34  Applying for a search warrant

35  Authority of search warrant

36  Securing place to be searched

37  Executing search warrant

38  Additional seizure powers

SEIZED THINGS

39  Duty of person who seizes things

40  Extending detention period

41  Application to examine or test

42  Return or disposition of seized things

43  Perishable or hazardous things

44  Forfeiture of seized things below a prescribed value

45  Copies of seized records

WARRANT TO ENTER AND INSPECT

46  Warrant to enter and inspect


Overview

To investigate whether a provincial offence has been committed, police and other enforcement officers may need a search warrant to allow them to enter a place and seize items that provide evidence of an offence. Rules for applying for search warrants and executing them are set out in this Part.

An item that has been seized has to be returned to its lawful owner unless it is needed to investigate or prosecute an offence or it is perishable or hazardous. This Part sets out detailed requirements for how long seized items may be detained, and how the lawful owner may apply to get them back.

Seized items that are perishable or hazardous may be sold or otherwise disposed of rather than being detained.

When another Act authorizes inspections to be carried out, an enforcement officer may apply for a warrant to enter and inspect a specific place if the enforcement officer has been refused entry to the place, or if a refusal is likely.


DEFINITIONS

Definitions

32          The following definitions apply in this Part.

"authorized detention period" means a period during which a thing that has been seized may be detained under subsection 39(2) or section 40. (« période de rétention autorisée »)

"place" includes a vehicle and a receptacle. (« lieu »)

"record" means any information that is recorded or stored — whether by mechanical, electronic, magnetic or any other means — in an understandable form, or that is capable of being produced or reproduced in an understandable form. (« document »)

"responsible official" means the person referred to in item 3 of subsection 39(1) who retains custody of anything detained under this Part. (« fonctionnaire responsable »)

APPLICATION OF THIS PART

Application of this Part

33(1)       This Part applies except to the extent that it is inconsistent with a provision of the Act under which the offence is created.

Dealing with seized things

33(2)       Sections 39 to 44 of this Part apply unless the Act under which the offence is created sets out a different process for dealing with things that have been seized. For greater certainty, sections 39 to 44 apply when an Act specifies that something seized is to be dealt with according to law.

SEARCH WARRANTS

Applying for search warrant

34(1)       An enforcement officer may apply for a search warrant by submitting information under oath to a justice.

How application may be made

34(2)       An application may be made either in person or by telephone or other means acceptable to the court. Subsection 97(2) applies when the application is not made in person.

Notice not required

34(3)       An application for a search warrant may be made without notice.

Conditions for issuing warrant

34(4)       A justice may issue a search warrant if he or she is satisfied by information under oath that there are reasonable grounds to believe that

(a) an offence is being or has been committed; and

(b) something is to be found in a place that will provide evidence of the offence.

Authority of search warrant

35(1)       A search warrant may authorize an enforcement officer and any other person named in the warrant to do any or all of the following:

(a) enter and search the place described in the warrant and seize and detain or take samples of anything described in the warrant;

(b) use any data storage, processing or retrieval device or system in the place in order to produce a record, information or evidence described in the warrant, in any form;

(c) use any copying equipment in the place to make copies of any record;

(d) take photographs or recordings of the place or anything in the place;

(e) conduct any measurements or tests on the place or of anything in the place.

When warrant expires

35(2)       A search warrant must specify the date it expires, which must not be more than 15 days after it was issued.

Securing place to be searched

36          An enforcement officer who believes on reasonable grounds that the conditions for obtaining a search warrant exist may do anything reasonably necessary to secure the place to be searched until an application for a search warrant can be made.

EXECUTING A SEARCH WARRANT

Execution to begin between 8:00 a.m. – 8:00 p.m.

37(1)       Execution of a search warrant must begin between 8 a.m. and 8 p.m. unless the warrant specifically provides otherwise.

Use of force

37(2)       An enforcement officer and any other person named in a search warrant may use whatever force is reasonably necessary to execute the warrant.

Police officer assistance

37(3)       If requested, a police officer must provide assistance to an enforcement officer who is executing a search warrant.

Providing a copy

37(4)       Before entering a place to be searched or as soon as possible after entering, a person executing a search warrant must provide a copy of the warrant to a person who appears to be in control of the place.

Posting a copy if place unoccupied

37(5)       If the place to be searched is unoccupied, the person executing the search warrant must post a copy of the warrant in a prominent location on the place before entering the place or as soon as possible after entering.

No invalidation of search or seizure

37(6)       Failing to provide or post a copy of a search warrant as required by this section does not invalidate a search or the seizure of anything under the authority of the warrant.

Documents in lawyer's possession

37(7)       The procedures in section 488.1 of the Criminal Code (Canada) (documents in a lawyer's possession) apply, with necessary changes, to the seizure of a record in a lawyer's possession for which solicitor-client privilege is claimed.

Additional seizure powers

38          While conducting a search for the things described in a search warrant, a person executing the warrant may seize and detain, in addition to anything described in the warrant, anything else the person believes on reasonable grounds will provide evidence of an offence.

HOW SEIZED THINGS ARE TO BE DEALT WITH

Duty of person who seizes things

39(1)       A person who seizes anything under the authority of a search warrant, or otherwise in the performance of his or her duties under an Act, must take the following steps as soon as practicable:

1.  The person must determine whether continued detention of the seized thing is required to investigate or prosecute an offence.

2.  If continued detention is not required and there is no question or dispute about who is lawfully entitled to possession of it, the person must return the thing to the person lawfully entitled to possession.

3.  If continued detention is required, or if there is a question or dispute about who is lawfully entitled to possession of it, the person must notify the court that the seized thing is being detained and who will retain custody of it.

Three-month time limit for detention

39(2)       The maximum period that anything seized may be detained is three months from the day it was seized unless

(a) a prosecution is commenced in which the thing may be required, in which case it may be detained until the matter is finally disposed of; or

(b) continued detention is authorized by an order under section 40.

Seized things may be examined or copied

39(3)       A thing that has been seized may be examined, tested, copied, photographed or recorded.

ORDER TO EXTEND A DETENTION PERIOD

Application to extend detention

40(1)       A prosecutor or the responsible official may apply to a justice for an order authorizing anything that has been seized to be detained for longer than the three-month period authorized by subsection 39(2).

Notice

40(2)       At least three days' notice of an application to extend a detention period must be given to the person from whom the thing was seized or other person lawfully entitled to possession of it, if known.

Order to extend

40(3)       A justice may make an order authorizing continued detention for a specified period, if he or she is satisfied that continued detention is required to investigate or prosecute an offence.

Application to provincial judge if more than one year

40(4)       More than one application to extend a detention period may be made under this section, but an application must be made to a provincial judge if the total detention period will be longer than one year were the order to be made.

Application made after detention period expires

40(5)       Even if an authorized detention period has expired, an order may be made under this section if the justice or judge is satisfied that continued detention is required to investigate or prosecute an offence and that it is in the interests of justice to make the order.

If person consents

40(6)       A thing may be detained for any period if the person lawfully entitled to possession of it consents in writing.

ACCESS TO SEIZED THINGS

Application to examine or test

41(1)       A person who has an interest in anything that has been seized may apply to a justice for an order permitting the person to examine, test, copy, photograph or record it, subject to any conditions specified in the order.

Notice

41(2)       A person applying under subsection (1) must give at least three days' notice to the prosecutor or responsible official and to any other person with an apparent interest in the thing that has been seized.

RETURN OR DISPOSITION OF SEIZED THINGS

Application for return or release of seized thing

42(1)       A person from whom a thing has been seized, and any person claiming to be lawfully entitled to possession of it, may apply to a justice for an order that it be returned or released to them.

Application by prosecutor or responsible official

42(2)       A prosecutor or the responsible official must apply to a justice for an order respecting the disposition of a thing that has been seized if continued detention is not required to investigate or prosecute an offence and

(a) it is not possible or feasible to return it to the person from whom it was seized, whether because possession of the thing is unlawful or otherwise; or

(b) there is a question or dispute about who is lawfully entitled to possession of it.

Notice — application by owner or person entitled

42(3)       Unless the court allows a shorter period, at least three days' notice of an application under subsection (1) must be given to the prosecutor or responsible official and to any other person who has an apparent interest in the thing that was seized.

Notice — application by prosecutor or responsible official

42(4)       Unless the court allows a shorter period, at least three days' notice of an application under subsection (2) must be given to the person from whom the thing was seized and any other person who has an apparent interest in it.

Orders

42(5)       A justice to whom an application is made under this section may, when the authorized detention period for a seized thing has expired or it appears that the thing is no longer required to investigate or prosecute an offence,

(a) order it to be returned to the person from whom it was seized;

(b) order it to be released to another person who is lawfully entitled to possession of it;

(c) order it to be forfeited to the government and disposed of as the Attorney General directs, if possession is unlawful or the person lawfully entitled to possession is unknown;

(d) make any other order that the justice considers necessary or appropriate.

Detention pending appeal, etc.

42(6)       Despite anything in this Part, a thing that has been seized must not be returned, released, forfeited or disposed of under this section until the later of the following:

(a) 30 days after an order is made under this section;

(b) if an order under this section is appealed under Part 8, 30 days after the decision on the appeal has been made.

PERISHABLE OR HAZARDOUS THINGS

Perishable or hazardous things

43(1)       Despite sections 39 to 42, if a seized thing is perishable or hazardous, a prosecutor or the responsible official may at any time apply to a justice for an order that it be destroyed, sold, given to a specified charity or public institution, or otherwise disposed of, subject to any terms and conditions the justice considers appropriate.

Notice

43(2)       At least three days' notice of an application must be given to the person from whom the thing was seized or other person lawfully entitled to possession of it, if known, unless the court directs otherwise.

Proceeds of sale

43(3)       When a perishable or hazardous thing is sold under this section and there is no question or dispute about who was lawfully entitled to possession of the thing at the time it was seized, the proceeds of the sale are to be paid to the person lawfully entitled to possession.

Application for payment

43(4)       If the proceeds are not paid under subsection (3),

(a) the person from whom the thing was seized, and any person claiming to have been lawfully entitled to possession of it, may apply to a justice for an order that the proceeds be paid to them;

(b) a prosecutor may apply for an order respecting payment of the proceeds, including an order that the proceeds be forfeited to the government.

Order

43(5)       A justice to whom an application is made may

(a) order the proceeds of the sale to be paid to the person from whom the thing was seized, or to another person who was lawfully entitled to possession of it at the time it was seized;

(b) order the proceeds of the sale to be forfeited to the government and disposed of as the Attorney General directs, if possession of the seized thing was unlawful or the person lawfully entitled to possession is unknown;

(c) make any other order that the justice considers necessary or appropriate.

Notice

43(6)       The notice requirements in subsections 42(3) and (4) apply to an application under this section, with necessary changes.

Definition of "proceeds of the sale"

43(7)       In this section, "proceeds of the sale" of a seized thing include interest on the proceeds at a rate set by the Minister of Finance, less the costs of the sale and of any storage pending the sale.

FORFEITURE OF SEIZED ITEMS BELOW A PRESCRIBED VALUE

Forfeiture of seized items on a ticket

44(1)       This section applies to anything with a value below a prescribed amount that was seized when a ticket was issued, despite item 2 of subsection 39(1).

Forfeiture after 90 days

44(2)       If

(a) a person charged with an offence by a ticket has paid the fine indicated on the ticket, or a default conviction has been entered against them; and

(b) 90 days have elapsed since the fine was paid or the default conviction was entered and no application has been made under section 42 for the return or disposal of the seized thing;

the seized thing is forfeited to the government without the involvement of a justice and is to be disposed of as the Attorney General directs.

COPIES OF SEIZED RECORDS

Seized records may be copied

45(1)       The prosecutor or responsible official may make a copy of a record that has been seized, and may keep the copy even after the original is no longer required.

Certified copy as evidence

45(2)       The person who made a copy of a record under subsection (1) or someone present when it was made may certify it to be a true copy. The certified copy is admissible in evidence as if it were the original.

WARRANT TO ENTER AND INSPECT

Warrant to enter and inspect

46(1)       If an inspection is authorized under another Act, a justice may issue a warrant authorizing an enforcement officer and any other person named in the warrant to enter a place and carry out an inspection, if the justice is satisfied by information under oath that

(a) entry to the place has been refused; or

(b) there are reasonable grounds to believe that

(i) entry will be refused, or

(ii) if an enforcement officer were refused entry, delaying the inspection to obtain a warrant on the basis of the refusal could be detrimental to the inspection.

Application

46(2)       An application for a warrant to enter and inspect may be made by an enforcement officer either in person or by telephone or other means acceptable to the court. Subsection 97(2) applies when the application is not made in person.

Notice not required

46(3)       An application for a warrant to enter and inspect may be made without notice.

Use of force

46(4)       An enforcement officer and any other person named in the warrant may use whatever force is reasonably necessary to execute the warrant.

Police officer assistance

46(5)       If requested, a police officer must provide assistance to an enforcement officer who is executing a warrant.


PART 5

ARREST AND RELEASE


Contents

47  Arrest without a warrant

48  Release from custody

49  Grounds for issuing an arrest warrant

50  Appearance before justice within 24 hours


Overview

This Part allows a person to be arrested without a warrant if police (or another enforcement officer) witness the person committing an offence. Arrest without a warrant is permitted only if the arrest is necessary to establish the person's identity, to preserve evidence or to stop the offence from continuing or being repeated or another offence from being committed.

A justice may issue a warrant for a person's arrest if the person is evading service of a summons, does not come to court when required, or if an arrest is necessary to stop an offence from continuing or being repeated or another offence from being committed.

A person who has been arrested must be released as soon as there is no reason to detain them. Once released, the person must come to court when required and comply with any conditions that a justice may impose.


ARREST WITHOUT WARRANT

Arrest without warrant

47(1)       An enforcement officer who witnesses a person apparently committing an offence may arrest the person without a warrant, but only if detaining the person is necessary to

(a) establish the person's identity;

(b) secure or preserve evidence relating to the offence; or

(c) prevent the continuation or repetition of the offence or the commission of another offence.

Police officer assistance

47(2)       If requested, a police officer must provide assistance to an enforcement officer who is seeking to arrest a person without a warrant.

No arrest without warrant for municipal offence

47(3)       A person may not be arrested without a warrant in respect of a municipal offence.

Release or detention

48(1)       An enforcement officer who arrests a person without a warrant, whether under section 47 or an arrest power in another Act, must

(a) release the person as soon as it is no longer necessary to detain them for a purpose set out in subsection 47(1); or

(b) deliver the person to the police officer in charge of a place of detention if the officer believes on reasonable grounds that detention is necessary for such a purpose.

Release

48(2)       The police officer in charge of the place of detention may release the arrested person if he or she is of the opinion that continued detention is no longer required for a purpose set out in subsection 47(1). A person who is not released is to be dealt with in accordance with section 50.

ARREST WITH WARRANT IF PROCEEDINGS COMMENCED BY INFORMATION

Grounds for issuing an arrest warrant

49(1)       If proceedings have been commenced by an information, a justice may issue a warrant for the defendant's arrest in any of the following circumstances:

(a) reasonable attempts have been made to serve the defendant with a summons but service has not occurred despite those attempts;

(b) the justice is satisfied that an arrest is necessary in the public interest to ensure the defendant's attendance in court or to prevent the continuation or repetition of the offence or the commission of another offence;

(c) the defendant does not attend court as required by a summons, appearance notice, promise to appear or court order.

Form of warrant

49(2)       An arrest warrant must

(a) name or describe the defendant;

(b) set out the alleged offence; and

(c) order the defendant to be arrested and detained until released in accordance with this section or section 50.

Endorsement permitting release

49(3)       The justice issuing a warrant may authorize a police officer to release the defendant under subsection (6) by endorsing permission to do so on the warrant.

Duration of warrant

49(4)       An arrest warrant remains in force for five years, unless it is extended by a justice before that time on application by a prosecutor.

Warrant executed by police

49(5)       An arrest warrant must be executed by a police officer.

Release or detention

49(6)       The police officer who arrests a defendant, whether under the authority of an arrest warrant issued under this section or under another Act, must

(a) if permitted by the justice issuing a warrant under this section, release the defendant as soon as practicable upon the person giving a promise to appear; or

(b) deliver the defendant to the police officer in charge of a place of detention.

Promise to appear

49(7)       A promise to appear referred to in this section must be in the prescribed form and must

(a) name the person who is the subject of the promise to appear;

(b) specify the alleged offence; and

(c) specify the time and place that the person must appear in court and state that they must attend at any subsequent time and place required by the court.

ARRESTED PERSON TO APPEAR BEFORE A JUSTICE

Appearance before justice within 24 hours

50(1)       An arrested person who is not released under subsection 48(2) or clause 49(6)(a) must be brought before a justice as soon as practicable, but not later than 24 hours after the arrest.

Appearance by telephone or other means

50(2)       The justice may allow the person to appear by telephone or through the use of video or audio links or other electronic means.

Order for release

50(3)       The justice must order the arrested person to be released on the condition that the person appear in court at the time and place specified in the order, unless a prosecutor shows cause why detention is justified

(a) to ensure that the person appears in court; or

(b) to prevent the continuation or repetition of the offence or the commission of another offence.

Order for release — additional conditions

50(4)       The justice may include any conditions in an order for release that the justice considers necessary, including that the person

(a) deposit cash with the court or provide other security acceptable to the court;

(b) surrender their passport;

(c) not communicate, directly or indirectly, with a person identified in the order or not go to a place specified in the order;

(d) not possess something specified in the order.

If person detained for 90 days

50(5)       If a person has been detained under this section for 90 days and no hearing respecting the alleged offence has commenced, the person must be brought before a provincial judge without delay, and the judge must order the person to be released unless extraordinary circumstances justify continued detention. The order for release may include any of the conditions set out in subsection (3) or (4).

Release conditions effective until matter disposed of

50(6)       Conditions imposed on an arrested person under this section remain in effect until varied or removed by a justice or a judge, or until the matter is finally disposed of.

Copy to arrested person

50(7)       The court must give the arrested person a copy of any order made under this section.


PART 6

HEARINGS AND OTHER PROCEEDINGS


Contents

51  When must a hearing be held?

52  Pre-hearing conference

53  Appearance of the defendant or representative

54  Defendant may be compelled to attend

55  Defendant may admit or deny charge

56  Withdrawing or staying a charge

57  Attorney General may intervene

58  Powers of a justice at a hearing or proceeding

59  Evidence generally

60  Admissible evidence

61  Burden of proving an exception

62  Business records

63  Certificate evidence

64  Subpoena directed to a witness

65  Arrest of witness who fails to respond to subpoena

66  Defendant convicted or charge dismissed

67  Proceeding on an information if defendant absent


Overview

A person charged with an offence who wishes to dispute the charge may ask for a hearing. At the hearing, a justice will hear from both the prosecutor and the person charged and decide whether the person should be convicted or the charge dismissed.

The powers of a justice conducting a hearing are set out in this Part. Either side may present evidence and call witnesses.

A defendant who fails to attend a hearing may be convicted in his or her absence.


When must a hearing be held?

51          A justice must hold a hearing when

(a) a hearing date is set under section 18 for a person who disputes the charge in a ticket;

(b) a hearing date is set under subsection 21(7) after a default conviction is set aside; or

(c) a hearing date is set under subsection 29(5) for a defendant who disputes the charge in an information.

PRE-HEARING CONFERENCE

Pre-hearing conference

52(1)       To promote a fair and timely hearing, a justice may order a pre-hearing conference to consider matters that would be better decided before the hearing starts. A pre-hearing conference may be held in private.

Request by prosecutor, etc.

52(2)       A prosecutor or defendant may apply for a pre-hearing conference or the justice may order one on his or her own motion.

APPEARANCE OF THE DEFENDANT OR REPRESENTATIVE

Appearance of the defendant

53(1)       A defendant may appear and act personally or by representative in any proceeding.

Representative may be excluded

53(2)       A justice may bar a person from appearing as a representative if the justice finds that the person is not able to properly represent or advise the person for whom they appear.

Exception re lawyers, etc.

53(3)       Subsection (2) does not apply to a person authorized to practise law under The Legal Profession Act.

Defendant may be compelled to attend

54          Although a defendant appears by representative, the justice may order the defendant to appear personally, and may issue a summons in the prescribed form if the justice considers it necessary.

DEFENDANT MAY ADMIT OR DENY THE OFFENCE

Defendant may admit or deny the offence

55(1)       At the start of a hearing, the substance of the offence charged must be stated to the defendant who must be asked whether he or she admits or denies the offence.

Conviction if defendant admits the offence

55(2)       If the defendant admits the offence, the justice may accept the admission and convict the defendant.

Admitting another offence

55(3)       If the defendant admits an offence other than the one charged, the justice may, with the prosecutor's consent, accept the admission and amend the ticket or information by substituting the offence that the defendant admits.

Hearing if no admission

55(4)       The justice must proceed with a hearing if the defendant denies the offence or refuses to either admit or deny the offence, or does not answer directly.

ATTORNEY GENERAL MAY WITHDRAW OR STAY A CHARGE OR INTERVENE

Attorney General may withdraw or stay a charge

56(1)       In addition to the right to withdraw a charge, the Attorney General or his or her agent may stay a proceeding at any time before the matter is finally disposed of.

Charge may be recommenced

56(2)       A proceeding that has been stayed may be recommenced by the Attorney General or his or her agent, but only within one year after the stay.

Attorney General may intervene

57(1)       The Attorney General may intervene in a prosecution commenced by an information laid by someone other than the Attorney General or his or her agent.

Powers on an intervention

57(2)       On an intervention, the Attorney General or agent may do any of the following:

(a) withdraw the charge against the defendant;

(b) stay the proceedings;

(c) take over conduct of the prosecution of the offence.

POWERS OF A JUSTICE IN A HEARING OR PROCEEDING

Powers of a justice

58          Unless otherwise provided, in a hearing or other proceeding under this Act, the justice may do anything that he or she considers necessary or desirable for the purpose of resolving the matter in a fair and timely way, including the following:

1.  Adjournments — A justice may adjourn a hearing or other proceeding at any time. If there is an adjournment, the parties must be notified of the time and place when they must next attend court.

2.  Dealing with two or more matters together — If a justice is satisfied that one or more tickets or informations relate to the same incident and may fairly be dealt with together, the justice may direct that they be dealt with at the same time.

3.  Agreed facts — A justice may receive and act upon any facts the defendant and prosecutor have agreed upon, without further proof or evidence.

4.  Quashing an information — A justice must quash an information that fails to meet the requirements of Part 3, unless the information can be amended without prejudicing the defendant.

5.  Amending an information — A justice may amend an information that is valid on its face to add, delete or change any wording in the information, and may grant an adjournment if that is necessary for the matter to be decided fairly.

6.  Ordering disclosure — Before or during a hearing, a justice may

(a) order the prosecutor to disclose particulars or other relevant information or records to the defendant, subject to any other law,

(b) order the disclosure of a report prepared by an expert to the defendant or the prosecutor.

7.  Ordering exhibits released — A justice may order that any exhibits be released to the defendant or the prosecutor for independent testing, on any terms or conditions the justice may determine.

8.  Ordering court location — A justice may order that a hearing take place in any court location in Manitoba that is most convenient for the parties.

9.  Preserving order — A justice may make any order necessary to preserve order in the court.

10. Excluding persons — A justice may

(a) order the defendant to be removed and kept out of court if the defendant interrupts a hearing so that his or her continued presence is not feasible,

(b) exclude the public or any person from a hearing or part of a hearing in order to maintain order, protect the interests of a child, or remove an improper influence on the testimony of a witness.

11. Prohibiting publication – victims and witnesses — A justice may order that any information that could identify a victim or a witness not be published or broadcast in any way, if the justice is satisfied that the order is necessary for the proper administration of justice.

12. Prohibiting publication – children — A justice may order that any information that could identify a child not be published or broadcast in any way, if the justice is satisfied that the order is necessary to protect the interests of the child.

13. Using technology — A justice may permit any evidence to be given or proceedings to occur through the use of video or audio links or other electronic means, on any terms the justice may determine.

14. Dismissal or adjournment if prosecutor fails to appear — If the defendant appears at a hearing and the prosecutor does not, the justice may dismiss the charge or may adjourn the hearing to another time.

EVIDENCE GENERALLY

Prosecutor to conduct case

59(1)       The prosecutor is responsible for conducting the case against the defendant.

Full answer and defence

59(2)       The defendant is entitled to make full answer and defence to the charge against him or her.

Right to examine witnesses

59(3)       The prosecutor and defendant may examine and cross-examine witnesses, subject to section 63 (certificate evidence) and to any other law respecting certificate evidence.

Evidence under oath

59(4)       A witness must be examined under oath, unless section 24 (witness whose capacity is in question) of The Manitoba Evidence Act applies.

Defendant not compellable

59(5)       The defendant is not a compellable witness for the prosecution.

Admissible evidence

60(1)       In a hearing on a ticket, a justice may admit as evidence anything that the justice considers is relevant to an issue, whether or not it would be admissible under the laws of evidence.

Exception

60(2)       A justice may not admit anything under subsection (1) that is subject to solicitor-client privilege or privileged under the laws of evidence.

Burden of proving an exception, etc.

61          The burden of proving that an exception, exemption, authorization or qualification provided by law operates in favour of the defendant is on the defendant. The prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, authorization or qualification does not operate in favour of the defendant, whether or not it is set out in the charge against the defendant.

Business records

62          In a hearing on a ticket, business records may be admitted into evidence without notice, despite subsection 49(3) of The Manitoba Evidence Act.

CERTIFICATE EVIDENCE

Certificate evidence from enforcement officer

63(1)       In a hearing on a ticket, a certificate that

(a) sets out evidence of the alleged offence; and

(b) appears to be signed by an enforcement officer or other person authorized by regulation;

is admissible as evidence and is proof of the facts stated in the certificate in the absence of evidence to the contrary.

No need to prove appointment or signature

63(2)       There is no need to prove the appointment or signature of the enforcement officer or other authorized person who signed the certificate.

Limited right to require officer to attend

63(3)       The defendant is not entitled to require the person who signed the certificate to attend to give evidence unless the justice is satisfied that the person's attendance is necessary for the matter to be decided fairly.

Decision as to attendance

63(4)       In deciding whether to require the person who signed the certificate to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the person to attend.

Onus

63(5)       In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt.

Notice

63(6)       In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly.

SUBPOENA DIRECTED TO A WITNESS

Subpoena directed to a witness

64(1)       A justice who is satisfied that a person is able to give relevant evidence at a hearing may issue a subpoena requiring the person

(a) to attend to give evidence at a time and place specified in the subpoena; and

(b) if required, to bring records and anything else in their possession or under their control relating to the subject matter of the hearing.

Service

64(2)       A subpoena must be served personally.

Person must attend

64(3)       A person who is served with a subpoena must attend to give evidence at the specified time and place and, if required, must bring records and anything else in his or her possession or under his or her control relating to the subject matter of the hearing.

Person must remain in attendance

64(4)       A person who is served with a subpoena must remain in attendance throughout the proceedings, unless excused by the justice.

Arrest of witness who fails to respond to subpoena

65(1)       When a subpoena has been issued to a person under section 64, a justice may issue a warrant for the person's arrest if

(a) attempts to serve the subpoena have failed because the person is evading service; or

(b) the subpoena has been served but the person does not attend or remain in attendance as required.

Warrant executed by police

65(2)       An arrest warrant must be executed by a police officer.

Bringing before a justice

65(3)       A person arrested under this section must be brought before a justice without delay. The justice may

(a) order the person to be detained in custody until his or her presence at the hearing is no longer required;

(b) order the person to be released subject to any conditions that the justice considers necessary to ensure the person's attendance in court; or

(c) make any other order that the justice considers necessary or appropriate.

DECISION OF JUSTICE AFTER HEARING

Decision of justice after hearing

66(1)       After considering the matter at a hearing, the justice must

(a) convict the defendant; or

(b) dismiss the charge.

Order endorsed on ticket or information

66(2)       A conviction or dismissal of the charge must be endorsed on the ticket or information, and a copy provided to the defendant on request.

PROCEEDING ON AN INFORMATION IF DEFENDANT ABSENT

Proceeding on an information if defendant absent

67(1)       If a defendant charged by an information does not appear (in person or by representative) at the time and place set for a hearing, or at any subsequent time and place required by the court, the justice must

(a) proceed to hear and determine the matter in the absence of the defendant as fully and effectually as if the defendant had appeared; or

(b) adjourn the hearing and issue a summons to the defendant or, if the justice considers it appropriate, issue a warrant for the defendant's arrest.

Proof of service required

67(2)       A justice may proceed with a hearing under clause (1)(a) only if it is proved that

(a) a summons or appearance notice was served on the defendant within a reasonable period before the hearing;

(b) the defendant had given a promise to appear; or

(c) the defendant was released under section 50 on the condition that he or she appear at the time and place of the hearing.

Proving the defendant's identity

67(3)       In a hearing under this section, a copy of government-issued photo identification may be filed as an exhibit and shown to an enforcement officer who is giving evidence. If the officer testifies that the defendant named in the information is the same person shown in the identification, the justice may rely on the officer's evidence as proof of the defendant's identity.

No imprisonment when defendant absent

67(4)       When a justice proceeds under this section and convicts the defendant, no term of imprisonment may be imposed unless the defendant is present during sentencing and is given an opportunity to make submissions as to the penalty. The justice may issue a warrant to compel the defendant to attend to be sentenced.


PART 7

SENTENCING


Contents

68  Purpose of sentencing

69  Submissions about penalty

70  Victim impact statement

71  Ticket — penalty on conviction

72  Information — penalty on conviction

73  Payment of court costs and surcharges

74  Imprisonment

75  Conditions may be imposed

76  Reprimand

77  Forfeiture of unlawful things

78  Request for time to pay


Overview

A person who is convicted of an offence after a hearing is sentenced under this Part.

For a person charged by a ticket under Part 2, the sentence may be either a fine or reprimand.

For a person charged by an information under Part 3, the sentence may be a fine or reprimand, or may be a term of imprisonment if the Act that creates the offence allows for that. A person charged by an information may also be ordered to comply with specific conditions for up to 12 months.


Purpose of sentencing

68          The paramount purpose of sentencing under this Act is general deterrence.

PRE-SENTENCE SUBMISSIONS

Submissions as to penalty

69          Before imposing a penalty, the justice must give the prosecutor and the defendant an opportunity to make submissions as to the penalty that ought to be imposed.

Victim impact statement

70          For the purpose of determining the penalty to be imposed, the justice must consider any statement of a victim of the offence that has been filed in court describing the harm done or loss suffered by the victim arising from the commission of the offence.

SENTENCE ON A TICKET

Ticket — penalty on conviction

71(1)       When a defendant charged by a ticket is convicted under section 66, the justice may

(a) impose the fine indicated on the ticket (which consists of the preset fine, court costs and any surcharges); or

(b) if the justice is satisfied that exceptional circumstances exist,

(i) impose a lesser fine than that indicated on the ticket, or

(ii) reprimand the defendant;

and may allow time to pay.

No imprisonment

71(2)       A person who is convicted in a proceeding commenced by a ticket is not liable to imprisonment, despite any other Act.

SENTENCE ON AN INFORMATION

Information — penalty on conviction

72          When a defendant charged by an information is convicted under section 66, the justice may

(a) impose any penalty authorized by law, subject to subsection 67(4) (no imprisonment if defendant absent); or

(b) if the justice is satisfied that exceptional circumstances exist, reprimand the defendant unless the Act creating the offence provides for a minimum penalty;

and may allow time to pay.

Payment of court costs and surcharges

73(1)       A defendant on whom a fine is imposed under section 72 must pay the following additional amounts:

(a) court costs equal to 30% of the fine imposed;

(b) the prescribed justice services surcharge;

(c) the surcharge established under The Victims' Bill of Rights.

Reduction or waiver of costs and surcharge

73(2)       A justice who is satisfied that exceptional circumstances exist may reduce or waive the court costs or the justice services surcharge payable under this section.

Imprisonment served in community

74(1)       If a defendant is sentenced to imprisonment, the justice may order the sentence to be served in the community, subject to the person's compliance with any conditions imposed under section 75.

Intermittent imprisonment

74(2)       If a defendant is sentenced to imprisonment for a term of 90 days or less, the justice may direct that the person serve the term within a period of 12 months on such days as, in total, equal the number of days to which the defendant was sentenced.

Sentences consecutive

74(3)       If a defendant sentenced to imprisonment is subject to more than one term of imprisonment at the same time, the terms are to be served consecutively unless the justice has ordered a term to be served concurrently with another term of imprisonment.

Warrant of committal

74(4)       A sheriff or other person to whom a warrant of committal is directed must take the defendant into custody and then take them to a correctional facility.

Conditions may be imposed on defendant

75(1)       In addition to any other penalty authorized by law, a justice may order a defendant convicted of an offence on an information to comply with any conditions the justice considers appropriate for a period of no more than 12 months.

Copy to defendant

75(2)       The court must give the defendant a copy of an order that imposes conditions.

Application to vary conditions

75(3)       A defendant may apply to a justice to vary the conditions and a justice may do so after giving the prosecutor an opportunity to make submissions.

Copy of order to defendant

75(4)       If conditions are varied, the court must give the defendant a copy of the amended order.

REPRIMAND

Reprimand

76          A justice who reprimands a person under this Act may impose court costs or surcharges in any amount that the justice considers reasonable in the circumstances.

FORFEITURE OF UNLAWFUL THINGS

Forfeiture of unlawful things

77          When a proceeding under this Act has been finally disposed of and possession of something that was seized in relation to that offence is unlawful, the justice must order that the thing is forfeited to the government.

REQUEST FOR TIME TO PAY

Request for time to pay

78          A defendant on whom a fine, court costs or a surcharge are imposed under this Act, whether imposed after a hearing or otherwise, may ask a justice for time to make the payment, and the justice must allow the person at least 14 days to pay.


PART 8

APPEALS


Contents

79  Right to appeal

80  Notice of appeal or application for leave

81  Stay

82  Decision on appeal

83  Direct appeal to Court of Appeal

84  Further appeal

85  Custody pending appeal


Overview

This Part governs appeals. A person who is convicted of an offence charged by an information may appeal the conviction or the sentence imposed to the Court of Queen's Bench. Similarly, the Attorney General or prosecutor may appeal the dismissal of a charge or the sentence.

Appeal rights for an offence charged by a ticket are limited. Such an appeal may be brought in the Court of Queen's Bench only in relation to a conviction or dismissal of a charge, not the sentence imposed. As well, the appeal may be brought only with the court's permission and only if the appeal raises a legal issue.

A right of appeal to the Court of Queen's Bench is provided for other orders made by a justice under this Act.

A further appeal may be made to the Court of Appeal, but only with the court's permission and only if the appeal raises a legal issue.


RIGHT TO APPEAL

Right to appeal — defendant

79(1)       A defendant may appeal the following to the Court of Queen's Bench:

(a) a conviction;

(b) a sentence imposed on the defendant, but only if the proceeding was commenced by an information;

(c) any other order made by a justice against the defendant under this Act.

Right to appeal — Attorney General or prosecutor

79(2)       The Attorney General or a prosecutor may appeal the following to the Court of Queen's Bench:

(a) a dismissal of a charge against a defendant;

(b) a sentence imposed on a defendant, but only if the proceeding was commenced by an information;

(c) any other order made by a justice under this Act.

Limited appeal re tickets

79(3)       An appeal under subsection (1) or (2) for proceedings commenced by a ticket may be taken only with leave of a judge of the Court of Queen's Bench on a question of law or mixed fact and law.

Right of appeal re seized things

79(4)       A person affected by an order made in relation to a seized thing under sections 40 to 43 may appeal the order to the Court of Queen's Bench.

NOTICE OF APPEAL OR APPLICATION FOR LEAVE

Notice of appeal or application for leave

80(1)       The person appealing must file a notice of appeal in the Court of Queen's Bench within 30 days after the decision or order appealed from was made, or within any longer period that a judge of that court may allow. If leave to appeal is required, an application for leave to appeal must be filed within that same period.

Reasons

80(2)       The notice of appeal or application for leave to appeal must state the reasons for the appeal.

Stay

81          The filing of a notice of appeal or an application for leave to appeal does not stay a conviction or order unless a judge of the Court of Queen's Bench so orders.

DECISION ON APPEAL

Decision on appeal

82          Upon an appeal, a judge of the Court of Queen's Bench may

(a) confirm, vary or set aside the decision or order appealed from;

(b) direct a new hearing; or

(c) make any other order in relation to the matter that the judge considers appropriate.

DIRECT APPEAL TO COURT OF APPEAL

Direct appeal to Court of Appeal

83(1)       If a notice of appeal or an application for leave to appeal has been filed in the Court of Queen's Bench under section 80, the Attorney General may apply to a judge of the Court of Appeal for an order that the appeal be heard in the Court of Appeal instead of in the Court of Queen's Bench.

Order re the appeal

83(2)       If the judge to whom the application is made is of the opinion that the appeal raises an issue of public importance that ought to be considered by the Court of Appeal, the judge may

(a) order that the proceedings in the Court of Queen's Bench be stayed;

(b) direct that the appeal be heard in the Court of Appeal; and

(c) state the questions upon which the appeal is to be heard.

FURTHER APPEAL

Further appeal

84           Any party may appeal a decision of the Court of Queen's Bench to the Court of Appeal, but only with leave of a judge of the Court of Appeal on a question of law alone.

CUSTODY PENDING APPEAL

Custody pending appeal

85          If a defendant who appeals is in custody, he or she must remain in custody, but a judge of the court hearing the appeal may order his or her release upon any of the conditions set out in subsection 50(3) or (4) (order for release).


PART 9

COLLECTION AND ENFORCEMENT


Contents

86  Definitions

87  Enforcement of unpaid fines

DRIVER'S LICENCE AND VEHICLE REGISTRATION REMEDIES

88  Notice of collection action

89  Remedies re driver's licence and vehicle registration

FILING A CERTIFICATE IN THE QUEEN'S BENCH

90  Filing a certificate for unpaid fines in Queen's Bench

91  Default on a restitution order

LIENS

92  Lien on personal property

93  Registration of lien in Personal Property Registry

94  Notice of lien

REQUEST FOR INFORMATION ABOUT DEBTOR

95  Request for information about debtor


Overview

When fines are not paid, the government or the municipality to whom they are owed may take action to collect them.

Both the government and a municipality may file a certificate in the Court of Queen's Bench setting out the amount of unpaid fines owed to them. Once filed, the certificate becomes enforceable in the same way as a court judgment can be enforced.

The government and a municipality may also register a lien in the Personal Property Registry against the property of someone who has not paid their fines. This can result in the seizure and sale of the person's property if payment is not made.

The government has an additional remedy respecting drivers' licences and vehicle registrations. At the government's request, the Registrar of Motor Vehicles will refuse to issue a driver's licence or vehicle registration to a person who has not paid their fines. MPIC will also refuse to accept payment for an insurance premium on a vehicle owned by the person.


INTRODUCTORY PROVISIONS

Definitions

86          The following definitions apply in this Part.

"authority" means the government or a municipality. (« autorité »)

"costs" means the total of the following amounts imposed on a person convicted of an offence:

(a) court costs;

(b) the prescribed justice services surcharge;

(c) the surcharge established under The Victims' Bill of Rights;

(d) a default conviction penalty;

(e) an administrative fee under subsection 89(3). (« frais »)

"debtor" means a person required to pay a fine or costs imposed on the person under this Act. (« débiteur »)

"MPIC" means The Manitoba Public Insurance Corporation. (« SAPM »)

"Personal Property Registry" means the Personal Property Registry under The Personal Property Security Act. (« Bureau d'enregistrement relatif aux biens personnels »)

"restitution order" means an order made against a person convicted of an offence that requires them to pay money to another person or entity. (« ordonnance de dédommagement »)

"unpaid fine" means the total amount of any fines and costs imposed under this Act that have not been paid. (« amende non payée »)

Unpaid fine is debt to government

87(1)       The amount of an unpaid fine is a debt due to the government unless the fine relates to a municipal offence.

If fines payable to municipality

87(2)       If another Act states that a fine or penalty is payable to a municipality for an offence that is not a municipal offence,

(a) the amount of the unpaid fine is a debt due to the government;

(b) the government is responsible for collecting the unpaid fine; and

(c) after deducting the costs, the government must remit the remaining fine revenue to the municipality.

Collection and enforcement by municipality

87(3)       In the case of an unpaid fine for a municipal offence,

(a) the amount of the unpaid fine is a debt due to the municipality and not the government;

(b) the municipality is responsible for collecting the unpaid fine; and

(c) when the municipality collects an unpaid fine, it must remit to the government the amount due on account of costs.

DRIVER'S LICENCE AND VEHICLE REGISTRATION REMEDIES

Notice of collection action

88(1)       The government may give a written notice to a debtor stating that if an unpaid fine is not paid before a deadline set out in the notice, the Registrar of Motor Vehicles may take action under section 89 (driver's licence and vehicle registration remedies).

Deadline

88(2)       The deadline set out in the notice must be at least 30 days after the day the notice is sent.

Notice

88(3)       The notice may be served personally or be sent by regular mail to the debtor's last known address as indicated in the records of the Registrar of Motor Vehicles.

Registrar's powers re driver's licence and vehicle registration

89(1)       If the debtor fails to pay the unpaid fine by the deadline set out in a notice given under section 88, the Registrar of Motor Vehicles may do one or more of the following without further notice to the debtor:

(a) refuse to issue or renew the debtor's driver's licence;

(b) refuse to issue a vehicle registration card or permit to the debtor;

(c) refuse to renew the debtor's registration of any vehicle;

(d) refuse to accept payment from the debtor of any amount payable in relation to his or her driver's licence or vehicle registration card or permit, even though the refusal may lead to its suspension.

MPIC may refuse premiums

89(2)       If the Registrar of Motor Vehicles refuses to accept payment under clause (1)(d), MPIC may refuse to accept payment of the premium for insurance in relation to the debtor's driver's licence or vehicle registration card or permit, even though the refusal may lead to the insurance being cancelled.

Administrative fee

89(3)       A debtor who fails to pay the unpaid fine by the deadline set out in a notice given under section 88 must pay a prescribed administrative fee to the government.

When fine is paid

89(4)       Neither the Registrar of Motor Vehicles nor MPIC may take action under this section if the government informs the Registrar that the unpaid fine in respect of which a notice was given under section 88, and any administrative fee payable under subsection (3), has been paid.

FILING A CERTIFICATE IN THE COURT OF QUEEN'S BENCH

Certificate filed in the Queen's Bench

90          An authority may issue a certificate showing the name of the debtor and the total amount of any unpaid fines and file the certificate in the Court of Queen's Bench. Once filed, the certificate becomes a judgment of the Court and may be enforced as a judgment.

Default on a restitution order

91          If a person has failed to comply with the payment provisions of a restitution order, the person entitled to payment under the order may file the order in the Court of Queen's Bench. Once filed, the order becomes a judgment of the Court and may be enforced as a judgment.

LIEN FOR UNPAID FINES

Lien for unpaid fines

92(1)       For the purpose of recovering an unpaid fine, an authority has a lien on every estate or interest in the personal property of the debtor, including personal property acquired by the debtor after the date the unpaid fine was imposed.

Extent of security

92(2)       The lien secures payment of

(a) the amount of any unpaid fine that is a debt due to the authority by the debtor at the time that the lien takes effect;

(b) all additional fines and costs that become due to the authority by the debtor after the lien takes effect and before it is discharged;

(c) disbursements for the registration and discharge of the lien; and

(d) expenses reasonably incurred by the authority in taking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered; and

(e) an administration fee.

Amount of administration fee

92(3)       The amount of an administration fee is as follows:

(a) if the authority is the government, the prescribed amount;

(b) if the authority is a municipality, the amount fixed by by-law of the municipality, which may not exceed the maximum fixed by regulation.

When lien takes effect

92(4)       A lien takes effect in relation to the debtor's personal property when the authority registers a financing statement in the Personal Property Registry under subsection 93(1).

Priority not lost

92(5)       The lien and its priority are not lost or impaired by taking or failing to take proceedings to recover the unpaid fine, or by the tender or acceptance of any payment on account of the unpaid fine.

Registration of lien in Personal Property Registry

93(1)       The authority may register a lien under section 92 against the personal property of a debtor by registering a financing statement in the Personal Property Registry that states

(a) the address for service of the authority;

(b) the name and address of the debtor; and

(c) any other prescribed matter.

Effect of registration

93(2)       When a lien is registered under this section in the Personal Property Registry,

(a) the authority is deemed to be a secured party under The Personal Property Security Act and the debtor is deemed to be a debtor under that Act;

(b) the debtor is deemed to have signed a security agreement stating that a security interest is taken in all of the debtor's present and after-acquired property, and the lien is deemed to be a perfected security interest in that property;

(c) the lien is enforceable under The Personal Property Security Act as if it were a lien under the agreement referred to in clause (b) and the debtor were in default under that agreement; and

(d) The Personal Property Security Act and the regulations under that Act apply to the lien, with necessary changes, except as otherwise provided by this section.

Priority of lien

93(3)       The lien has priority over every security interest and every claim to or right in the personal property of the debtor under any Act other than

(a) a purchase money security interest in collateral, as defined in The Personal Property Security Act, that was perfected when the debtor obtained possession of the collateral or within 15 days after the debtor obtained possession of it;

(b) a lien for taxes to which priority is given by subsection 66(3) of The Tax Administration and Miscellaneous Taxes Act;

(c) a lien under section 101 of The Employment Standards Code for which a financing statement has been registered in the Personal Property Registry; or

(d) a garage keeper's lien under The Garage Keepers Act and a lien that, under any other Act, may be enforced as a lien under The Garage Keepers Act.

Authority may postpone, amend, renew or discharge lien

93(4)       An authority may, by registering the appropriate document in the Personal Property Registry,

(a) postpone the authority's interest under a financing statement; or

(b) amend, renew or discharge a financing statement.

Notice of lien to debtor

94(1)       Within 15 days after registering a financing statement under subsection 93(1), the authority must serve a notice on the debtor stating

(a) that the authority has a lien against the personal property of the debtor with respect to an unpaid fine and has registered a financing statement in the Personal Property Registry;

(b) the amount of the unpaid fine or fines as of the date the financing statement was registered;

(c) that the authority may take possession and dispose of the personal property of the debtor if the amount of the lien is not paid within 15 days after the notice is given to the debtor under subsection (2); and

(d) the address and telephone number where further information can be obtained from the authority.

Notice

94(2)       The notice may be served personally or be sent by regular mail to the debtor's last known address.

REQUEST FOR INFORMATION ABOUT DEBTOR

Request for information about debtor

95(1)       For the purpose of this Part, a person appointed by the minister may request a department or agency of the government to provide the address of a debtor and the name and address of the debtor's employer.

Information to be provided

95(2)       A department or agency must provide the requested information if they have it.


PART 10

GENERAL PROVISIONS


Contents

96  Evidence to be recorded

97  Evidence under oath

98  Common law defences apply

99  Ignorance of the law

100 Civil remedies preserved

101 Minimum age

102 Secondary liability for an offence

103 Contempt

104 Interpreters

105 Validity of documents

106 How notice is to be given

107 Proof of service

108 Court costs on a ticket

109 No surcharge for parking or prescribed offences

110 How payments are to be applied

111 Regulations

112 Regulations by minister

113 Application of Criminal Code

114 Offences and penalties

115 Rounding amounts payable to nearest dollar

116 Order made by justice under another Act

117 Overviews


Overview

This Part contains miscellaneous provisions. Among other things, it requires evidence to be recorded and provided under oath, sets out how and why someone can be found in contempt of court, states how notices under the Act are to be sent to people, provides for regulation-making powers and creates offences.

It also states that where this Act does not deal with a matter, or does not deal with it fully, the provisions of the Criminal Code of Canada apply.


RECORDED EVIDENCE AND OATHS

Evidence to be recorded

96          A proceeding in which evidence is taken must be recorded.

Evidence under oath

97(1)       Evidence under this Act must be taken under oath, except as otherwise indicated.

Oath when information submitted electronically

97(2)       When information that is required to be submitted to a justice under oath is submitted by telephone or other means acceptable to the court, the following rules apply:

1.  An oath may be administered to the person submitting the information by telephone or other available means.

2.  Instead of swearing an oath, the person may submit the information by a written statement stating that everything set out in the statement is true to his or her knowledge and belief, and such a statement is deemed to be a statement made under oath.

3.  The justice to whom the information is submitted must, if the method used to make the submission does not produce something in writing, record the information verbatim and certify the record or a transcription of it.

COMMON LAW RULES AND CIVIL REMEDIES

Common law defences apply

98          Every rule and principle of the common law that renders any circumstance a justification or an excuse for an act, or a defence to a charge, continues in force and applies in relation to offences, except to the extent that they are altered by or inconsistent with this or another Act.

Ignorance of the law

99          A person's ignorance of the law is not an excuse for committing an offence.

Civil remedies preserved

100         No civil remedy for an act or omission is suspended or affected because the act or omission is an offence.

MINIMUM AGE

Minimum age

101         A person cannot be convicted of an offence if he or she was under the age of 12 when the offence was committed.

SECONDARY LIABILITY FOR AN OFFENCE

Secondary liability for an offence

102         A person who knowingly helps another person, or counsels another person, to commit an offence is also guilty of the offence.

CONTEMPT

Contempt

103(1)      A person who commits contempt in the face of a justice conducting a proceeding is liable on conviction to a fine of not more than $1,000, or to imprisonment for not more than 30 days, or both.

Justice to explain the contempt

103(2)      Before a proceeding is taken for contempt under subsection (1), the justice must inform the person of

(a) the conduct complained of and the nature of the contempt;

(b) their right to retain and instruct counsel; and

(c) their right to show cause why a finding of contempt should not be made or a penalty should not be imposed.

If justice not a provincial judge

103(3)      If the contempt is in the face of a justice who is not a provincial judge, the justice must not make a finding of contempt under this section, but must instead order the person to appear before a provincial judge at a specified time, and the judge may then proceed under this section.

Show cause hearing

103(4)      A penalty for contempt must not be imposed unless the person is given an opportunity to show cause why a finding of contempt should not be made or a penalty should not be imposed, and the matter must be adjourned to give that opportunity.

If person fails to attend

103(5)      A provincial judge may issue an arrest warrant for a person who fails to attend a show cause hearing that they were ordered to attend.

Barring representative in contempt

103(6)      When a person found in contempt is appearing as a representative but is not authorized to practise law under The Legal Profession Act, the provincial judge may order that he or she be barred from acting as a representative in the proceeding in addition to any other penalty imposed.

Appeal

103(7)      A finding of contempt or a penalty imposed for contempt under this section may be appealed in the same manner as if it were a conviction in a proceeding commenced by an information under Part 3.

Enforcement

103(8)      This Act applies for the purpose of enforcing a penalty under this section.

INTERPRETERS

Interpreter

104         A justice may authorize a person to act as an interpreter in a proceeding and may require them to take a prescribed oath.

VALIDITY OF DOCUMENTS

Validity of summons, warrant, etc.

105(1)      The validity of a summons, warrant, appearance notice or promise to appear is not affected by an irregularity or defect in its form or substance.

Adjournment to deal with irregularities

105(2)      A justice who believes that a defendant has been prejudiced by an irregularity or defect referred to in subsection (1) may adjourn the proceeding and may make any order the justice considers appropriate.

NOTICES AND SERVICE OF DOCUMENTS

How notice is to be given under this Act

106(1)      A notice, order or other document required or authorized to be given to an individual under this Act may be

(a) given personally;

(b) sent by regular mail to the person's last known address, in which case it is deemed to be received seven days after the day it is mailed; or

(c) given in accordance with a method specified by regulation.

Notice to corporation

106(2)      A notice, order or other document to be given to a corporation may be

(a) sent by regular mail to the corporation's registered office, in which case it is deemed to be received seven days after the day it is mailed; or

(b) given personally to an officer or director of the corporation or a person who appears to be in charge at a place where the corporation carries on business.

Exception

106(3)      This section does not apply to a ticket, summons or appearance notice.

Proof of service

107         Service of a ticket, summons or appearance notice may be proved by a statement under oath, written or oral, by the person who served it. A statement that is written may be certified on the ticket, summons or appearance notice itself.

COSTS AND SURCHARGES

Court costs on a ticket

108         The court costs to be set out in a ticket are 45% of the preset fine, unless a lesser amount has been prescribed.

No justice services surcharge for certain offences

109         No justice services surcharge is payable in respect of a parking offence or other prescribed offence.

How payments are to be applied

110         When a fine, court costs, surcharge or default conviction penalty is imposed, any payment made is to be applied in the following order of priority:

1.  to pay the default conviction penalty;

2.  to pay court costs;

3.  to pay the surcharge established under The Victims' Bill of Rights;

4.  to pay the justice services surcharge;

5.  to pay the fine.

REGULATIONS

Regulations

111         The Lieutenant Governor in Council may make regulations

(a) governing enforcement officers, including,

(i) defining or limiting the powers of enforcement officers referred to in clauses (c) to (e) of the definition of "enforcement officer" in section 1, and

(ii) designating any person or class of persons as enforcement officers, and specifying the enactments in respect of which they may exercise any power under this Act;

(b) establishing a schedule of preset fines for the purpose of Part 2, including establishing higher preset fines for second and subsequent offences;

(c) establishing a response period for the purpose of Part 2, which may be different for different offences;

(d) prescribing the amount of a justice services surcharge or the method for calculating it, and prescribing offences for which no surcharge is payable;

(e) prescribing the manner and time period within which a ticket must be filed with the court under section 14;

(f) prescribing the amount of a default conviction penalty;

(g) respecting the forfeiture of cash deposits or other security required by an order for release under subsection 50(4);

(h) respecting certificate evidence under this Act;

(i) respecting the method of giving any notice or document, including additional electronic methods, for the purpose of clause 106(1)(c);

(j) respecting the completion, signing, filing, receipt, transmission or any other way of dealing with documents by electronic means, and the conversion of documents from either paper or electronic format to the other format, and all related matters;

(k) respecting the use of electronic methods (including by telephone or video or audio links) for the purposes of this Act, including methods for persons to attend and appear in proceedings;

(l) fixing the maximum administration fee for the purpose of clause 92(3)(b);

(m) for the purpose of Part 9, requiring and governing the payment of an additional fee to cover the costs of collection of unpaid fines that are not otherwise recoverable under this Act, including respecting how and when the fee is payable and collected;

(n) for the purpose of section 113, providing that any provision of the Criminal Code (Canada) applies or does not apply in relation to proceedings or matters under this Act;

(o) establishing a fine option program whereby a convicted person on whom a fine is imposed under this Act may discharge the fine in whole or in part by earning credits for work performed;

(p) prescribing any matter referred to in this Act as being prescribed;

(q) respecting anything required to deal with the transition of matters from The Summary Convictions Act to this Act, including regulations to remedy any difficulty, inconsistency or impossibility resulting from that transition;

(r) defining any word or expression used but not defined in this Act;

(s) respecting any matter the Lieutenant Governor in Council considers necessary or desirable for the purpose of this Act.

Regulations by minister

112          The minister may make regulations prescribing forms for use under this Act and respecting forms generally.

APPLICATION OF CRIMINAL CODE

Application of Criminal Code

113         Subject to the regulations, if, in relation to a proceeding or matter to which this Act applies, express provision has not been made in this Act, the provisions of the Criminal Code (Canada) relating to offences punishable on summary conviction apply, with necessary changes and to the extent applicable.

OFFENCES

Offences

114(1)      A person who does any of the following is guilty of an offence:

(a) fails to comply with a summons or appearance notice issued under this Act;

(b) fails to comply with a promise to appear given under this Act;

(c) fails to attend court as required by a justice under this Act;

(d) fails to comply with an order of a justice under this Act, including breaching a condition of an order;

(e) knowingly provides false information in a statement or entry in a certificate, document or form for use under this Act.

Penalties

114(2)      A person who is convicted of an offence is liable to the following penalties:

(a) for an offence under clauses (1)(a) to (d), to a fine of not more than $5,000 or to imprisonment for a term not exceeding six months, or both;

(b) for an offence under clause (1)(e), to a fine of not more than $10,000 or to imprisonment for a term not exceeding two years, or both.

MISCELLANEOUS

Rounding amounts payable down to nearest dollar

115         When the calculation of an amount payable under this Act produces a sum that includes cents as well as dollars, the amount payable is to be rounded down to the nearest complete dollar.

Order made by a justice under another Act

116         When another Act authorizes a justice to make an order, including an order for the payment of money, and the Act does not set out procedures to be followed, the procedures set out in this Act apply with necessary changes.

Overviews

117         The overviews are included as aids to the reader and do not form part of this Act.


PART 11

CONSEQUENTIAL AND RELATED AMENDMENTS


Contents

118-139 Amendments to other Acts


The Adoption Act

C.C.S.M. c. A2 amended

118(1)      The Adoption Act is amended by this section.

118(2)      Subsection 100(1) is amended by striking out everything before "shall be open" and substituting "Subject to subsection (2), court proceedings with respect to an adoption".

118(3)      Subsection 100(2) is amended by striking out everything before "shall be open" and substituting "Proceedings under The Provincial Offences Act in relation to an offence under Part 5".

The Amusements Act

C.C.S.M. c. A70 amended

119         Section 47 of The Amusements Act is repealed.

The Cemeteries Act

C.C.S.M. c. C30 amended

120         Subsection 35(3) of The Cemeteries Act is repealed.

The Child and Family Services Act

C.C.S.M. c. C80 amended

121         Subsections 75(1) and (1.1) of The Child and Family Services Act are amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Provincial Court Act

C.C.S.M. c. C275 amended

122         Clause 47(a) of The Provincial Court Act is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Drivers and Vehicles Act

C.C.S.M. c. D104 amended

123(1)      The Drivers and Vehicles Act is amended by this section.

123(2)      Section 127 is amended by striking out "offence notices" and substituting "tickets" wherever it occurs.

123(3)      The following is added after subsection 135(1):

Information to be provided to municipalities

135(1.1)    The registrar must provide copies of or access to any records required by a municipality or local government district for the purpose of enforcing a by-law of the municipality or local government district, including the collection of fines and other penalties owing to the municipality or local government district.

123(4)      Subsections 135(2) and (3) are amended by adding "or (1.1)" after "(1)".

The Executions Act

C.C.S.M. c. E160 amended

124         Clause (c.1) of the definition "fine" in section 19.2 of The Executions Act is amended by striking out "imposed under The Summary Convictions Act" and substituting "and any other amount imposed on a person convicted of an offence under The Provincial Offences Act".

The Fatality Inquiries Act

C.C.S.M. c. F52 amended

125         Subsection 30(5) of The Fatality Inquiries Act is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Garnishment Act

C.C.S.M. c. G20 amended

126         Clause (c.1) of the definition "fine" in section 14.4 of The Garnishment Act is amended by striking out "imposed under The Summary Convictions Act" and substituting "and any other amount imposed on a person convicted of an offence under The Provincial Offences Act".

The Highway Traffic Act

C.C.S.M. c. H60 amended

127(1)      The Highway Traffic Act is amended by this section.

127(2)      Subsection 47(3) is amended by striking out "subsection 255(3)" and substituting "clause 255(8)(a)".

127(3)      Subsection 145.0.1(8) is amended

(a) in the part before clause (a), by striking out "an offence notice under The Summary Convictions Act" and substituting "a ticket under The Provincial Offences Act"; and

(b) in clause (b) by striking out "offence notice" and substituting "ticket".

127(4)      Section 234 is amended by striking out "traffic offence notice or any other".

127(5)      Subsection 254(3) is amended by striking out "offence notice" wherever it occurs and substituting "ticket".

127(6)      Subsection 255(2) is renumbered as section 255.1 and the remainder of section 255 is replaced with the following:

Speed determined by speed-timing device

255(1)      In a prosecution for an offence under this Act where the speed of a motor vehicle is at issue, evidence of a peace officer — whether provided by oral testimony or by a certificate — stating

(a) that the officer determined the speed of the motor vehicle by means of an approved speed-timing device operated by the officer;

(b) that the officer conducted the test or tests required by the regulations on the speed-timing device, and the date and time they were conducted;

(c) that as a result of the test or tests conducted, the officer ascertained the speed-timing device to be in proper working order; and

(d) the speed of the vehicle determined by the officer;

is admissible in evidence and is conclusive proof of those facts, in the absence of evidence tending to show that the speed-timing device was malfunctioning or was operated improperly.

Limit on admissibility

255(2)      The evidence described in subsection (1) is admissible only if the test or tests conducted on the speed-timing device by the peace officer were conducted within the period of time before and after the alleged offence as set out in the regulations.

No need to prove authorization or signature

255(3)      There is no need to prove the authorization or signature of the peace officer who signed the certificate.

Limited right to require officer to attend

255(4)      The defendant is not entitled to require the peace officer who signed the certificate to attend to give evidence, unless the justice is satisfied that the officer's attendance is necessary for the matter to be decided fairly.

Decision as to attendance

255(5)      In deciding whether to require the peace officer to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the officer to attend.

Onus

255(6)      In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt.

Notice

255(7)      In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly.

Regulations

255(8)      The Minister of Justice may, by regulation,

(a) approve speed-timing devices for the purpose of this section;

(b) specify the test or tests for ascertaining that a speed-timing device is in proper working order and when testing must be conducted;

(c) prescribe a form of certificate for the purpose of this section.

Definition of "speed-timing device"

255(9)      In this section, "speed-timing device" does not include a speedometer or an image capturing enforcement system.

127(7)      Sections 257.2 to 257.4 are replaced with the following:

Image capturing enforcement system evidence

257.2(1)    In a proceeding commenced under The Summary Convictions Act (other than a proceeding commenced by an information) for an offence referred to in clause 257.1(1)(a), if a reproduction on paper of an image obtained through the use of an image capturing enforcement system

(a) shows the vehicle and the number plate displayed on the vehicle; and

(b) displays, or has appended to it, the information prescribed by regulation in relation to the offence;

the reproduction and the information appended to it are admissible in evidence.

Use of reproduction, etc. at hearing

257.2(2)    The evidence referred to in subsection (1) is conclusive proof of the information shown or displayed on the reproduction or appended to it, in the absence of evidence tending to show that the image capturing enforcement system from which the reproduction was obtained was malfunctioning or was operated improperly.

Limit on use of reproduction, etc. at hearing

257.2(3)    Subsection (2) applies only if

(a) the image capturing enforcement system was tested as required by the regulations; and

(b) the testing was conducted within the period of time before or after the alleged offence, as set out in the regulations.

Appointment of tester

257.3(1)    The minister may appoint persons by name, title or office as testers to test image capturing enforcement systems or types of systems.

Tester's certificate re image capturing system

257.3(2)    In order to prove the requirements set out in subsection 257.2(3), a copy of a certificate completed and signed by a tester appointed by the minister, stating

(a) that the image capturing enforcement system was tested in accordance with the regulations;

(b) the date and time of the testing; and

(c) that as a result of the testing conducted, the tester ascertained the system to be in proper working order;

is admissible in evidence and is conclusive proof of the facts stated in the certificate in the absence of evidence to the contrary.

No need to prove tester's signature or appointment

257.3(3)    There is no need to prove the signature or appointment of a tester who signs a certificate under this section.

Limited right to require tester to attend

257.3(4)    The defendant is not entitled to require a tester who signed a certificate to attend to give evidence, unless the justice is satisfied that the tester's attendance is necessary for the matter to be decided fairly.

Decision as to attendance

257.3(5)    In deciding whether to require a tester to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the tester to attend.

Onus

257.3(6)    In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt.

Notice

257.3(7)    In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly.

Regulations

257.4       The Minister of Justice may make regulations

(a) for the purpose of sections 257.2 and 257.3, specifying a test or tests for ascertaining that an image capturing enforcement system is in proper working order and when testing must be conducted;

(b) prescribing a form of certificate for the purpose of subsection 257.3(2).

127(8)      Clause 264(9.1)(c) is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

127(9)      Clause 279(3)(a) is replaced with the following:

(a) imposed for non-payment of a fine or costs under Part 9 of The Provincial Offences Act;

127(10)     Clause 279(19)(b) is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

127(11)     Subsections 318.10(3) and (4) are amended by striking out "section 3 of The Summary Convictions Act" and substituting "The Provincial Offences Act".

127(12)     Subsection 319(1) is amended

(a) in clause (kk), by striking out "traffic offence notice" and substituting "ticket";

(b) in clause (ll), by striking out "traffic offence notices" and substituting "tickets";

(c) in subclause (cccc)(iii), by striking out "section 257.3" and substituting "subsection 257.3(2)"; and

(d) by repealing clause (eeee).

127(13)     Subsection 322(8) is amended by striking out "offence notices" wherever it occurs and substituting "tickets".

The Income Tax Act

C.C.S.M. c. I10 amended

128         The table in clause (h) of subsection 1(6) of The Income Tax Act is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Legal Profession Act

C.C.S.M. c. L107 amended

129         Subsection 28(6) of The Legal Profession Act is repealed.

The Legislative Assembly and Executive Council Conflict of Interest Act

C.C.S.M. c. L112 amended

130          Section 32 of The Legislative Assembly and Executive Council Conflict of Interest Act is amended

(a) in the section heading, by striking out "Summary Convictions Act" and substituting "Provincial Offences Act"; and

(b) by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Limitation of Actions Act

C.C.S.M. c. L150 amended

131         The definition "action" in section 1 of The Limitation of Actions Act is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Marriage Act

C.C.S.M. c. M50 amended

132         Subsection 19(3) of The Marriage Act is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Mines and Minerals Act

C.C.S.M. c. M162 amended

133         Subsection 232(3) of The Mines and Minerals Act is repealed.

The Municipal Council Conflict of Interest Act

C.C.S.M. c. M255 amended

134         Section 27 of The Municipal Council Conflict of Interest Act is amended

(a) in the section heading, by striking out "Summary Convictions Act" and substituting "Provincial Offences Act"; and

(b) by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Oil and Gas Act

C.C.S.M. c. O34 amended

135         Subsection 199(5) of The Oil and Gas Act is repealed.

The Public Schools Act

C.C.S.M. c. P250 amended

136         Section 271 of The Public Schools Act is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

The Public Works Act

C.C.S.M. c. P300 amended

137         The Public Works Act is amended

(a) in clauses 20(4)(c) and 26(d), by striking out "offence notices" and substituting "tickets under The Provincial Offences Act"; and

(b) in clause 26(e), by striking out "offence notices" and substituting "tickets".

The Tax Administration and Miscellaneous Taxes Act

C.C.S.M. c. T2 amended

138         Subsection 4(2) of The Tax Administration and Miscellaneous Taxes Act is replaced by the following:

Designation of tax officer as peace officer

4(2)        The director may designate a tax officer or class of tax officers as peace officers for the purpose of the administration and enforcement of any or all of the tax Acts.

Limit

4(3)        Only a tax officer designated as a peace officer, or belonging to a class of tax officers so designated, has the powers of an enforcement officer under The Provincial Offences Act.

The City of Winnipeg Charter

S.M. 2002, c. 39 amended

139(1)      The City of Winnipeg Charter is amended by this section.

139(2)      Subsection 45(2) is amended by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

139(3)      Clause 139(l) is amended by striking out "subclause 23.3(8)(b)(i) (expenses in respect of lien) of The Summary Convictions Act" and substituting "clause 92(3)(b) of The Provincial Offences Act".


PART 12

TRANSITIONAL, REPEAL AND COMING INTO FORCE


Contents

140-144 Transitional provisions

145 Repeal of Summary Convictions Act

146 C.C.S.M. reference

147 Coming into force


TRANSITIONAL

Definition of "former Act"

140         In sections 141 to 144, "former Act" means The Summary Convictions Act as it read immediately before the coming into force of this Act.

Act applies to existing proceedings

141         Subject to sections 143 and 144, proceedings commenced under the former Act that are not finally disposed of before this Act comes into force are to be taken up and continued under and in conformity with the provisions of this Act.

Tickets

142(1)      An offence notice issued under the former Act that meets the requirements of that Act is deemed to be a ticket issued under this Act that meets the requirements of Part 2 of this Act.

Informations, summons, warrants or appearance notices

142(2)      An information, summons, warrant or appearance notice issued under the former Act is deemed to be issued under this Act.

Offence notice under former Act without set fine

143(1)      In the case of an offence notice issued under the former Act without a set fine,

(a) whenever a provision of this Act provides that a person may seek a reduction in the amount of the fine indicated on a ticket, the provision is to be read as permitting the person to make submissions as to the amount of the fine payable; and

(b) whenever a provision of this Act provides that a justice may impose the fine indicated on a ticket or a lesser fine, the provision is to be read as permitting the justice to

(i) impose any penalty authorized by law, or

(ii) if the justice is satisfied that exceptional circumstances exist, reprimand the defendant.

Offence notice without set fine — default conviction

143(2)      Despite subsection (1), when a default conviction is entered under subsection 19(1) or 21(8) of this Act in relation to an offence notice issued under the former Act without a set fine, the offence notice is to be reviewed by a justice who must, without hearing from the defendant, impose

(a) any penalty authorized by law; and

(b) a default conviction penalty.

Default conviction under former Act

144(1)      If, on the coming into force of this Act,

(a) a person has received a notice of default conviction under section 17 of the former Act; and

(b) the person has not requested a hearing de novo under section 17 of the former Act and the deadline for doing so has not expired;

the person may, within 30 days after the coming into force of this Act, appear before a justice and apply to have the default conviction set aside under section 21 of this Act.

Default conviction set aside

144(2)      A justice who receives an application under subsection (1) must set aside the default conviction without payment of an application fee, and subsections 21(5) to (9) of this Act then apply.

Application after 30 days

144(3)      A justice may allow an application to be made under this section even if the 30-day period in subsection (1) has expired. In that event, subsection (2) does not apply and subsections 21(3) to (9) of this Act apply instead.

REPEAL

Repeal

145         The Summary Convictions Act, S.M. 1985-86, c.4, is repealed.

C.C.S.M. REFERENCE

C.C.S.M. reference

146         This Act may be referred to as chapter P160 of the Continuing Consolidation of the Statutes of Manitoba.

COMING INTO FORCE

Coming into force — proclamation

147(1)      Subject to subsection (2), this Act comes into force on a day to be fixed by proclamation.

Coming into force — subsections 123(3) and (4)

147(2)      Subsections 123(3) and (4) come into force on royal assent.


SCHEDULE B

THE MUNICIPAL BY-LAW ENFORCEMENT ACT

TABLE OF CONTENTS

Section

INTRODUCTORY PROVISIONS

1   Purpose of this Act

2   Definitions

3   Authority to impose administrative penalties

4   Summary Convictions Act does not apply

5   Municipalities may join together

ENFORCEMENT OF BY-LAWS BY PENALTY NOTICE

6   Penalty notice

7   Vehicle owner liable

8   Limitation period for penalty notice

9   Delivery of penalty notice

10  How to respond to a penalty notice

11  Screening officer review of penalty notice

COMPLIANCE AGREEMENTS

12  Compliance agreements

13  Request for adjudication if agreement ended

ADJUDICATION

14  Adjudication

15  Adjudicators

16  Conflict of interest

17  Adjudication procedures

18  Evidence

19  Adjudicator's decision

20  Decision is final

21  Costs and administration of adjudication scheme

FINAL NOTICE AND COLLECTION

22  Final notice if no response to penalty notice

23  Amounts owing enforced as court judgment

24  Lien remedy

GENERAL

25  Limit on authority of screening officers and adjudicators

26  Regulations

27-29  Consequential amendments

30  C.C.S.M. reference

31  Coming into force


THE MUNICIPAL BY-LAW ENFORCEMENT ACT

PURPOSE OF THIS ACT

Purpose of this Act

1           The purpose of this Act is to give municipalities the ability to process and resolve parking violations and other contraventions of their by-laws using an administrative penalty scheme that does not involve court proceedings.

DEFINITIONS

Definitions

2           The following definitions apply in this Act.

"adjudicator" means a person appointed under section 15. (« arbitre »)

"by-law enforcement officer" means a person appointed or designated under The Municipal Act or The City of Winnipeg Charter to enforce the by-laws of a municipality. (« agent d'exécution des règlements »)

"compliance agreement" means a compliance agreement under section 12 that is authorized by a by-law under clause 3(2)(d). (« accord d'observation »)

"designated by-law contravention" means a contravention of a by-law designated under clause 3(2)(a). (« contravention désignée »)

"licence plate" of a vehicle means a number plate as defined in The Drivers and Vehicles Act. (« plaque d'immatriculation »)

"municipality" includes a local government district. (« municipalité »)

"owner", in relation to a vehicle, has the same meaning as in The Drivers and Vehicles Act. (« propriétaire »)

"parking", in relation to a vehicle, includes the standing or stopping of a vehicle. (« stationnement »)

"penalty notice" means a notice under section 6 issued in respect of a designated by-law contravention. (« avis de pénalité »)

"Registrar of Motor Vehicles" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act. (« registraire des véhicules automobiles »)

"screening officer" means a person appointed as a screening officer by a municipality. (« agent de contrôle »)

"vehicle" means a motor vehicle or vehicle as defined in The Highway Traffic Act. (« véhicule »)

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES

Authority to impose administrative penalties

3(1)        A municipality may, in accordance with this Act, require administrative penalties to be paid in respect of the contravention of its by-laws.

By-law must be passed

3(2)        A municipality may only require administrative penalties to be paid if it first passes a by-law that does the following:

(a) designates the by-law contraventions that may be dealt with by a penalty notice;

(b) sets the amount of the administrative penalty for each contravention, which must not exceed the amount prescribed by regulation;

(c) sets the period within which a person may pay the administrative penalty or request a review by a screening officer, subject to subsection 10(2);

(d) provides for the appointment of one or more screening officers and specifies their powers and duties, which may include

(i) the power to reduce the amount of an administrative penalty set out in a penalty notice, and

(ii) the power to enter into a compliance agreement, on behalf of the municipality, with a person to whom a penalty notice has been issued;

(e) sets the period within which a person must deal with a screening officer's decision under subsection 11(2);

(f) establishes an adjudication scheme described in section 14 to resolve matters relating to administrative penalties and compliance agreements.

Additional by-law powers

3(3)        A municipality that passes a by-law under subsection (2) may also, by by-law,

(a) provide for an early payment discount of administrative penalties;

(b) if the powers of a screening officer specified under clause (2)(d) include the power to reduce the amount of an administrative penalty, set out the grounds on which that may be done;

(c) if the powers of a screening officer specified under clause (2)(d) include the power to enter into compliance agreements on behalf of the municipality,

(i) specify the by-law contraventions in relation to which a screening officer may enter into a compliance agreement,

(ii) set the terms that may be included in a compliance agreement to encourage compliance with the by-law,

(iii) set the maximum duration of a compliance agreement, and

(iv) extend the time for requesting an adjudication about a compliance agreement under subsection 13(1);

(d) set out any additional grounds on which a screening officer or adjudicator is authorized to cancel a penalty notice under subclause 11(1)(d)(iii) or 19(2)(c)(iii);

(e) establish a fee payable to file a request for adjudication, which must not exceed $25;

(f) do any other thing authorized by the regulations.

By-laws subject to the regulations

3(4)        A by-law under this section is subject to the regulations.

Summary Convictions Act does not apply

4(1)        If a by-law contravention has been designated under clause 3(2)(a), The Summary Convictions Act does not apply to the contravention.

Parking only enforceable by administrative penalty

4(2)        A by-law concerning the parking of vehicles may only be enforced by issuing a penalty notice under this Act, and may not be enforced by a proceeding under The Summary Convictions Act.

Municipalities may join together

5(1)        Anything that a municipality is authorized to do under this Act may be done jointly by two or more municipalities by agreement approved by each municipality that is a party to it.

Agreement

5(2)        An agreement may provide for any matter necessary for the enforcement of by-laws by penalty notice under this Act, including but not limited to the following:

(a) cost sharing and joint administration of the administrative penalty scheme under this Act;

(b) joint designation of by-law enforcement officers and screening officers.

PENALTY NOTICES

Penalty notice

6(1)        A by-law enforcement officer may complete and issue a penalty notice to a person against whom a designated by-law contravention is alleged.

Content of penalty notice

6(2)        A penalty notice must set out the following:

(a) the alleged by-law contravention in sufficient detail that the person who receives the notice would be able to identify the by-law and the contravention alleged;

(b) the amount of the administrative penalty, the amount of any early payment discount and the consequences of failing to respond to the penalty notice;

(c) how to pay the administrative penalty or request a review by a screening officer;

(d) any information required by the regulations.

Notice issued to named person, except for parking

6(3)        A penalty notice must be issued to a named person unless it is issued for a by-law contravention respecting the parking of a vehicle, in which case the notice must set out the vehicle's licence plate.

Electronic notice

6(4)        A penalty notice may be completed, issued and stored by any means that allows it to be reproduced in an understandable form, including electronically.

No signature required

6(5)        A penalty notice is not invalid by reason only that it is not signed by the by-law enforcement officer who issues it.

Vehicle owner liable

7           When a penalty notice respecting the parking of a vehicle is delivered in accordance with section 9, the owner of the vehicle indicated in the records of the Registrar of Motor Vehicles is liable to pay the administrative penalty set out in the notice.

Limitation period — 6 months

8           A penalty notice may not be issued more than six months after the designated by-law contravention for which it is issued is alleged to have occurred.

DELIVERING THE PENALTY NOTICE

Delivery of penalty notice

9(1)        A penalty notice may be delivered in the following ways:

(a) by personal delivery;

(b) if the penalty notice is in respect of the parking of a vehicle, by leaving the penalty notice on the vehicle;

(c) by mailing a copy of the penalty notice by regular mail,

(i) if the penalty notice is for a contravention involving a vehicle, to the address of the vehicle owner indicated in the records of the Registrar of Motor Vehicles,

(ii) to the last known address of the person named in the penalty notice, which may be an address indicated in the records of the Registrar of Motor Vehicles, or

(iii) if the person named in the penalty notice is a corporation, to the corporation's registered office;

(d) in a manner prescribed by regulation.

If notice left on vehicle

9(2)        A penalty notice that is left on a vehicle under clause (1)(b) is deemed to have been delivered to the vehicle owner on the day it is left.

If notice is mailed

9(3)        A penalty notice that is mailed under clause (1)(c) is deemed to have been delivered to the person to whom it is addressed seven days after the day it was mailed.

If notice delivered in prescribed manner

9(4)        A penalty notice that is delivered under clause (1)(d) is deemed to have been delivered at the time prescribed by regulation.

HOW TO RESPOND TO A PENALTY NOTICE

How to respond to a penalty notice

10(1)       A person to whom a penalty notice is delivered may, within the period set by by-law and in accordance with the instructions on the notice,

(a) pay the administrative penalty; or

(b) request a review by a screening officer.

Minimum period to respond

10(2)       The period to respond under subsection (1) must not be less than 30 days after the date on which the penalty notice is delivered under section 9.

REVIEW BY SCREENING OFFICER

Powers of screening officer

11(1)       On a review, a screening officer may make one of the following decisions:

(a) confirm the administrative penalty;

(b) if authorized by by-law, reduce the amount of the administrative penalty on any grounds permitted by by-law;

(c) if authorized by by-law, enter into a compliance agreement with the person on behalf of the municipality;

(d) cancel the penalty notice if, in the screening officer's opinion,

(i) the contravention did not occur as alleged,

(ii) the penalty notice does not comply with subsection 6(2), or

(iii) a ground for cancellation authorized under the by-law exists.

Option to pay or ask for review

11(2)       When a decision is made under clause (1)(a) or (b), the screening officer must give the person notice of the decision and inform them that they must, within the period set by by-law,

(a) pay the administrative penalty, or pay the reduced amount if the screening officer reduced it; or

(b) in accordance with the by-law, request an adjudicator to review the screening officer's decision.

If adjudication not required

11(3)       If a person does not request an adjudication under clause (2)(b) within the period set by by-law, the amount of any administrative penalty set by the screening officer under subsection (1) is immediately due and payable to the municipality.

COMPLIANCE AGREEMENTS

Purpose of compliance agreement

12(1)       The purpose of a compliance agreement is to give a person who has contravened a designated by-law an opportunity to bring themselves into compliance with the by-law without having to pay the administrative penalty set out in a penalty notice.

Compliance agreement – admission of responsibility

12(2)       A person who agrees to enter into a compliance agreement with a screening officer is deemed to have admitted responsibility for the contravention alleged in the penalty notice.

Written agreement

12(3)       A compliance agreement must be in writing and the screening officer must give a copy to the person who has entered into it.

No penalty if person complies with agreement

12(4)       A person who has entered into a compliance agreement is not required to pay the administrative penalty set out in the penalty notice if the person complies with the terms of the agreement.

Agreement ended if not complied with

12(5)       If the screening officer believes that a person who has entered into a compliance agreement has failed to comply with its terms, the screening officer may end the agreement and give the person notice of that fact by regular mail. The notice is deemed to have been received seven days after the day it was mailed.

Options after agreement ends

13(1)       When a screening officer ends a compliance agreement, the person who entered into it may, within 14 days after receiving notice under subsection 12(5) or within any longer period permitted by by-law,

(a) pay the administrative penalty set out in the penalty notice; or

(b) request the screening officer to submit for adjudication the issue of whether the person complied with the terms of the agreement.

Penalty due if no request for adjudication

13(2)       If the person does not request adjudication within the period provided for in subsection (1), the administrative penalty set out in the penalty notice is immediately due and payable to the municipality.

ADJUDICATION

Adjudication

14          An adjudication scheme established by a municipality in accordance with this Act must allow a person to whom a penalty notice has been issued to do the following:

(a) request a review of a screening officer's decision to confirm or reduce the administrative penalty set out in the penalty notice;

(b) request a determination of a dispute as to whether the terms of a compliance agreement were complied with.

Adjudicators

15(1)       The Deputy Attorney General must appoint one or more adjudicators for the purpose of section 14.

Qualifications

15(2)       An adjudicator must

(a) have the qualifications prescribed by regulation;

(b) not be an employee or elected official of a municipality; and

(c) take an oath of office in the form prescribed by regulation.

Rosters

15(3)       A roster or rosters of adjudicators appointed under subsection (1) must be established for the purpose of selecting adjudicators to hear matters referred to in section 14. Rosters may be established for the province generally, or for one or more municipalities.

Selection from roster

15(4)       An adjudicator for a matter must be selected from a roster in accordance with procedures established by regulation.

Conflict of interest

16          An adjudicator may not hear a matter if he or she is reasonably apprehended to have a bias or an interest in relation to the outcome of the matter.

Opportunity to be heard

17(1)       When an adjudication is held under this Act, the adjudicator must give the parties an opportunity to be heard and to examine and make copies of any information that has been submitted to the adjudicator for the purpose of the adjudication.

Manner of hearing

17(2)       The adjudicator may allow a party to be heard

(a) by telephone or in writing, including by fax or e-mail; or

(b) through the use of a video or audio link or other available electronic means.

In person or by agent

17(3)       A person may be heard in person or by an agent.

Failure to appear — amount due

17(4)       If a person who has requested adjudication fails to appear or otherwise participate, the adjudicator must order that the amount of the administrative penalty set by the screening officer is immediately due and payable to the municipality.

Procedures

17(5)       An adjudicator may

(a) adjourn a hearing; and

(b) subject to the regulations, adopt procedures that are conducive to determining the matter in a fair and timely way.

Evidence

18(1)       In a matter being considered by an adjudicator, the adjudicator may admit as evidence anything that he or she considers relevant to an issue, whether or not it would be admissible under the laws of evidence.

Exception

18(2)       An adjudicator may not admit anything under subsection (1) that is subject to solicitor-client privilege or privileged under the laws of evidence.

Manner of accepting evidence

18(3)       An adjudicator may accept evidence in any manner he or she considers appropriate including, but not limited to, orally, in writing and electronically.

ADJUDICATOR'S DECISION

Adjudicator's decision — standard of proof

19(1)       The standard of proof for making a decision on an adjudication under this Act is proof on a balance of probabilities.

Decision re penalty

19(2)       After a hearing — other than one in relation to a compliance agreement — the adjudicator must

(a) order that the administrative penalty set out in the penalty notice is immediately due and payable to the municipality;

(b) order that a reduced penalty is immediately due and payable to the municipality, if there are grounds for doing so permitted under clause 11(1)(b) or the adjudicator is satisfied that exceptional circumstances exist; or

(c) cancel the penalty notice if, in the adjudicator's opinion,

(i) the contravention did not occur as alleged,

(ii) the penalty notice does not comply with subsection 6(2), or

(iii) a ground for cancellation authorized under the by-law exists.

Decision re dispute on a compliance agreement

19(3)       After hearing a dispute about a compliance agreement, the adjudicator must,

(a) if satisfied that the person failed to comply with the terms of the compliance agreement, order that the administrative penalty set out in the penalty notice is immediately due and payable to the municipality; or

(b) if satisfied that the person complied with the terms of the compliance agreement, order that the person is not required to pay the administrative penalty set out in the penalty notice.

Notice of the decision

19(4)       The adjudicator's decision is to be reduced to writing and a copy given to the person who requested the adjudication and to the municipality.

Decision available to public

19(5)       The adjudicator's decision must be made available to the public.

Adjudicator's decision is final

20(1)       The decision of an adjudicator under section 19 is final and conclusive and is not open to appeal.

Judicial review within 30 days

20(2)       An application for judicial review of an adjudicator's decision must be brought within 30 days after the decision is made.

COSTS AND ADMINISTRATION OF ADJUDICATION SCHEME

Costs and administration of adjudication scheme

21(1)       A municipality is responsible for

(a) the administration of and the administrative costs relating to adjudication under this Act;

(b) the remuneration and expenses of adjudicators at rates established by regulation; and

(c) subject to the regulations, the cost of administering a roster of adjudicators.

Fee if person unsuccessful

21(2)       If a by-law under clause 3(3)(e) requires a person requesting adjudication to pay a fee, the adjudicator must order the fee to be refunded if the person is successful in the adjudication, and it is up to the adjudicator to decide if the person was successful in any particular case.

FINAL NOTICE

Final notice required if no response to penalty notice

22(1)       If, at the end of the period for responding to a penalty notice under section 10, a person to whom a penalty notice was delivered has not responded, the municipality must deliver a final notice to the person indicating the amount of the administrative penalty owing and how and when it must be paid.

Delivery of final notice

22(2)       A final notice may be delivered in a manner authorized under section 9 other than by leaving it on a vehicle, and is deemed to be delivered as set out in that section.

Responding to a final notice

22(3)       A person to whom a final notice is delivered under subsection (1) may, within 30 days after delivery,

(a) pay the administrative penalty set out in the final notice; or

(b) request a review by a screening officer.

When review requested

22(4)       When a review is requested under clause (3)(b), sections 11 to 21 apply with necessary changes.

If no action taken on final notice

22(5)       If the person to whom a final notice is delivered does not take any action under subsection (3) within the 30-day period, the administrative penalty set out in the final notice is immediately due and payable to the municipality.

Limit on collection

22(6)       The municipality must not take collection proceedings under section 23 or 24 until 30 days after the date a final notice is delivered under subsection (1) and, if a review is requested under clause (3)(b), collection proceedings may not be taken until the review and any adjudication are concluded.

COLLECTION OF PENALTIES

Amount owing enforced as court judgment

23(1)       A municipality may issue a certificate showing the name of a person required to pay an administrative penalty or penalties and the total amount of administrative penalties due and payable by the person, and may file the certificate in the Court of Queen's Bench. Once filed, the certificate becomes a judgment of the Court and may be enforced as a judgment.

No certificate for amount owing for more than six years

23(2)       A certificate may not be filed for an amount that has been owed to the municipality for more than six years before the date of the certificate.

Lien remedy

24          For the purpose of enforcing payment of amounts due and payable to a municipality in relation to designated by-law contraventions, a municipality has the powers and duties of an authority under sections 23.1 to 23.3 of The Summary Convictions Act. Those sections apply not only to amounts due and payable in relation to contraventions involving the parking of a vehicle, but to amounts due and payable in relation to all designated by-law contraventions for which a penalty notice is issued under this Act.

GENERAL

Limit on authority of screening officers and adjudicators

25          Neither a screening officer nor an adjudicator has the authority to inquire into or make a decision concerning

(a) the constitutional validity of a provision of a statute, regulation or by-law; or

(b) the legislative authority for a regulation or by-law made under an Act.

Regulations

26(1)       The Lieutenant Governor in Council may make regulations

(a) prescribing that contraventions of by-laws in relation to specified matters may not be designated by a municipal by-law under clause 3(2)(a);

(b) for the purpose of clause 3(2)(b), prescribing the maximum amount of an administrative penalty under this Act;

(c) authorizing a municipality to do additional things by by-law for the purpose of clause 3(3)(f);

(d) prescribing information that must be included in a penalty notice;

(e) for the purpose of clause 9(1)(d), prescribing another manner of delivering penalty notices and prescribing when notices delivered in that manner are deemed to be delivered;

(f) respecting adjudicators, including

(i) prescribing the qualifications that a person must have to be eligible to be appointed,

(ii) prescribing an oath of office,

(iii) establishing the rate of remuneration and expenses to be paid, and

(iv) specifying procedures that an adjudicator must follow;

(g) establishing procedures for maintaining a roster or rosters of adjudicators and selecting adjudicators from a roster;

(h) respecting the payment by municipalities of the cost of administering a roster of adjudicators;

(i) authorizing a municipality, by by-law, to require the payment of an additional fee to cover the costs of collection of unpaid penalties, and respecting how such a fee may be collected;

(j) imposing conditions and limitations on a municipality's powers with respect to administrative penalties;

(k) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of this Act.

Types of regulation

26(2)       A regulation under this section

(a) may be general or particular in its application and may apply to one or more municipalities; and

(b) may delegate a matter to a person or organization, including the maintenance of rosters of adjudicators.

CONSEQUENTIAL AMENDMENTS

The City of Winnipeg Charter

Consequential amendment, S.M. 2002, c. 39

27(1)        The City of Winnipeg Charter is amended by this section.

27(2)       Section 175 is amended by adding ", subject to section 178.1," after "Council may" in the part before clause (a).

27(3)       The following is added after section 178:

Limit re matters enforced under Municipal By-law Enforcement Act

178.1        A contravention of a by-law

(a) designated under clause 3(2)(a) of The Municipal By-law Enforcement Act; or

(b) respecting the parking, standing or stopping of vehicles;

may only be enforced by a penalty notice under The Municipal By-law Enforcement Act.

The Municipal Act

Consequential amendment, C.C.S.M. c. M225

28(1)        The Municipal Act is amended by this section.

28(2)       Subsection 236(1) is amended by adding "and subject to subsection (3)" after "(enforcement of by-laws)".

28(3)        The following is added after subsection 236(2):

Limit re matters enforced under Municipal By-law Enforcement Act

236(3)       A contravention of a by-law

(a) designated under clause 3(2)(a) of The Municipal By-law Enforcement Act; or

(b) respecting the parking, standing or stopping of vehicles;

may only be enforced by a penalty notice under The Municipal By-law Enforcement Act.

The Summary Convictions Act

Consequential amendment, C.C.S.M. c. S230

29           The Summary Convictions Act is amended by renumbering section 2 as subsection 2(1) and by adding the following:

When this Act does not apply — municipal by-laws

2(2)        As an exception to subsection (1), this Act does not apply to

(a) offences related to the parking, standing or stopping of vehicles under municipal by-laws; or

(b) contraventions of municipal by-laws designated under clause 3(2)(a) of The Municipal By-law Enforcement Act.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

30          This Act may be referred to as chapter M245 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

31          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

Schedule A — The Provincial Offences Act

This Schedule replaces The Summary Convictions Act. It establishes the procedures for prosecuting offences under Manitoba statutes, regulations and municipal by-laws.

The Act makes the following significant changes:

  • The new Act deals with all topics related to provincial prosecutions rather than relying on provisions of the Criminal Code. Matters such as search and seizure, arrest and release, procedures for hearings, and appeals are all addressed.
  • A ticket issued under the new Act must have a preset fine indicated on it. This will allow every person who receives a ticket to pay the fine without having to attend court.
  • A person who receives a ticket may respond by paying the fine, asking a justice to reduce it in exceptional circumstances, or asking for a hearing to dispute the charge. A person who fails to take action is convicted by default. The default process has been streamlined.
  • If a person is charged with an offence by an information being laid (which is the process used for more serious offences), a new provision allows the prosecutor to ask a justice to impose conditions on the person charged pending a hearing. The purpose of such conditions is to prevent an offence from being committed. Under the current scheme, conditions may be imposed only if a person is first arrested.
  • Certificate evidence may be used in a hearing on a ticket offence (where there is no possibility of jail). This provision allows the prosecutor to put evidence before the court without requiring a police officer or other enforcement officer to attend. The court retains the power to require the officer to attend if that is necessary to decide the matter fairly.
  • Appeal rights are specifically provided. An appeal on a ticket may be made only if it raises a legal issue, and only if it relates to the conviction itself and not the amount of the fine.
  • Municipal parking by-laws will no longer be prosecuted in court. Instead, municipalities must use an administrative penalty regime, which is set out in Schedule B to this Bill, to enforce their parking by-laws.
  • The ability of government and municipalities to collect fines has been improved. A lien can be registered in the Personal Property Registry against the property of a person who has not paid their fines. The current Act limits the lien right to vehicles, and applies only to unpaid parking tickets.
  • In all municipalities, by-law enforcement officers will be able to issue tickets for by-law contraventions without having to be peace officers.

Consequential and related amendments are made to other Manitoba Acts, including The Highway Traffic Act.

Schedule B — The Municipal By-law Enforcement Act

This Schedule gives municipalities the ability to process and resolve parking violations and other contraventions of their by-laws using an administrative penalty scheme that does not involve court proceedings.

Municipalities are required to use the new scheme to enforce their parking by-laws, and are permitted to use it to enforce other by-laws that have a maximum penalty at or below an amount prescribed by regulation.

Under the new scheme, formal by-law enforcement action begins with a by-law enforcement officer issuing a penalty notice to a person. If the person wishes to dispute the penalty notice, they can ask for it to be reviewed by a screening officer appointed by the municipality. A person who is not satisfied with the screening officer's decision has a further opportunity to dispute the notice by requesting a hearing by an independent adjudicator appointed by the government.

The new Act permits municipalities to join together to cost share and jointly administer an administrative penalty scheme.