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S.M. 1985-86, c. 4
The Summary Convictions Act
(Assented to June 26, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"fine" means any money penalty imposed on a person convicted of an offence including any costs assessed against the person in the matter;
"justice" means a justice of the peace, a magistrate or a judge of the Provincial Court;
"owner" means the owner of a motor vehicle or a vehicle as defined in The Highway Traffic Act;
"regulation" means any regulation, rule or order made in the execution of a power given under an Act of the Legislature but does not include
(i) a by-law of a municipality made in the execution of a power given under an Act of the Legislature,
(ii) a rule of court, or
(iii) an order of a court made in an action before the court,
(iv) an order of a board, commission or committee established under an Act of the Legislature made in a proceeding before the board, commission or committee in the execution of a power given under an Act of the Legislature;
"vehicle" means a motor vehicle or a vehicle as defined in The Highway Traffic Act.
Subject to any special provision otherwise enacted with respect to such offence, act, or matter, this Act applies
(a) to every case in which any person commits, or is suspected of having committed, any offence or act over which the Legislature has legislative authority, and for which that person is liable, on summary conviction, to imprisonment, fine, penalty, or other punishment; and
(b) to every case in which a complaint is made to a justice in relation to any matter over which the Legislature has legislative authority and with respect to which the justice has authority by law to make an order for the payment of money or otherwise.
Application of provisions of the Criminal Code.
Except where specifically provided, Parts XIX and XXIV, and sections 20, 21, 22, 440, 443, 444, 446, 451, 453.3, 455.1, 455.2, 455.4, 460 in so far as it relates to a witness, 645 except subsection (3) thereof, 649, 650, 660, 662, 662.1, 663, 664, 665, 666, 667, 710, 711, 712 and 717 of the Criminal Code (Canada) as amended from time to time heretofore or hereafter apply mutatis mutandis, to all cases to which this Act applies as if the provisions thereof were enacted in and formed part of this Act.
Secs. 468 and 772 of Criminal Code not to apply.
Notwithstanding subsection (1), sections 468 and 772 of the Criminal Code (Canada) do not apply to any cases to which this Act applies.
GENERAL OFFENCES
Any person who contravenes, violates, disobeys, or refuses, omits, neglects, or fails to comply with,
(a) any provision of any Act of the Legislature; or
(b) any provision of any regulation;
is guilty of an offence, and unless another penalty therefor is provided by or under an Act of the Legislature, is liable, on summary conviction, to a fine not exceeding $500.00 or to imprisonment for a term not exceeding 3 months, or to both such a fine and such an imprisonment.
CONSENT PAYMENTS
Where an Act of the Legislature provides that this section applies to an offence of contravening or failing to comply with, or to a violation of, a specified provision of the Act or a by-law of a municipality or regulation made under the Act, and it is alleged by a peace officer or any person authorized to enforce the Act, by-law or the regulation that a person has contravened or failed to comply with or committed a violation of that provision, that person, on being notified of the allegation, may voluntarily consent
(a) to appear before a justice; and
(b) there, without an information being laid or any complaint or charge being made, or other formality, to admit the correctness of the allegation and pay
(i) where the offence alleged is a contravention of, failure to comply with, or a violation of, a provision of a by-law of a municipality the minimum fine, if any, fixed in the by-law for the offence, or, where no such minimum fine is fixed, the sum of $2.00, or
(ii) where the offence alleged is a contravention of, failure to comply with, or a violation of, a provision of an Act or a regulation the minimum fine, if any, fixed in the Act or the regulation for the offence, or, where no such minimum fine is fixed, the sum of $5.00.
No prosecution after consent payment.
Upon any person who has consented as provided in subsection (1) paying an amount to which reference is made in clause 1(a) or (b), as the case requires, the person is not liable to prosecution for the contravention, failure, or violation in respect of which the payment is made.
Report and remittance of fine.
A justice, who receives a payment made under subsection (1) shall report the payment and remit the amount received in the same manner, and to the same persons, as if the amount were paid by the person paying it after conviction for the offence which the person was alleged to have committed and in respect of which the amount was paid.
FINES - PENALTIES COSTS
Where a fine or imprisonment or both, are prescribed for a contravention of any Act of the Legislature, or of any by-law of a municipality, or of any regulation, the fine or imprisonment, or both, may be recovered or enforced, or recovered and enforced on summary conviction before a justice.
Imprisonment on default in paying fine.
Where an Act of the Legislature provides that a fine may be imposed on a person convicted of an offence but does not provide that imprisonment may be imposed in default of payment of the fine, a court or justice convicting a person of the offence may order that in default of payment of the fine the person convicted shall be imprisoned for a period of not more than 6 months.
Where no imprisonment imposed for default in paying fine.
Where a court or justice imposes a fine on a person convicted of an offence but does not impose a term of imprisonment in default of payment of the fine and the person defaults in payment of the fine or a part thereof, the person shall be imprisoned where there is default in payment of the fine, for a term equal to the total of
(a) 5 days; and
(b) 1 day for every $10.00 of the fine that is not paid.
Notwithstanding any provision of this or any other Act of the Legislature respecting penalties, if a justice is satisfied from the evidence that an offence with which an accused is charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the justice may
(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;
(b) reprimand the accused;
(c) suspend the sentence; or
(d) acquit the accused.
Where costs are assessed against a person convicted of an offence under any Act of the Legislature or any by-law of a municipality or regulation, the costs may be recovered in the same manner and with the same procedures as a fine imposed upon a person.
Where a justice imposes a fine upon a person convicted of an offence under an Act of the Legislature or any by-law of a municipality or a regulation, unless the justice otherwise orders or it is provided otherwise in an Act of the Legislature, costs equal to 20% of the fine imposed shall be conclusively deemed to have been assessed against the person and shall be collected with the fine.
Costs prescribed by regulation.
Costs prescribed by the regulations for the purposes of subsection 13(3) in respect of any offence shall not exceed 25% of the fine prescribed by the regulations for the purposes of that subsection in respect of that offence.
Where a person against whom a fine has been imposed and costs have been assessed pays any money on account of the fine and costs or either of them, it shall, notwithstanding any direction or statement given or made by him, be applied first on the payment of the costs and only after the costs have been fully paid, on the payment of the fine.
SERVICE
Substitutional service authorized.
Where, in any action or proceedings to which this Act applies,
(a) if the person
(i) upon whom, under any Act of the Legislature, a summons is required or authorized to be served, or
(ii) to whom such a summons is directed, cannot conveniently be found so as to effect personal service upon him after all reasonable efforts to that effect have been made; or
(b) if the court in which, or the justice before whom, the action is, or the proceedings are, pending, is satisfied that prompt personal service of a summons cannot be effected within a reasonable time;
the court, or justice may order that substitutional service of the summons be made in such manner as is stated in the order.
Nothing in this section prevents or affects the service of a summons in any manner authorized or required under any other Act of the Legislature.
In this section the expression "summons" includes any notice, writ, order, requisition, or other paper or document required or authorized to be served.
CORPORATIONS AS OFFENDERS
Recovery of penalties from corporation by distress.
Where a corporation is convicted of an offence against or under any Act of the Legislature, a by-law of a municipality or a regulation and the conviction adjudges a fine or compensation to be paid by the corporation, or an order under any Act of Legislature requires the payment of a sum of money by a corporation, the court, or justice, by its or his conviction or order, after adjudging payment of the fine, compensation, or sum of money with costs, may order and adjudge that, in default of payment of the fine, compensation, or sum of money forthwith or within a limited time, the fine, compensation, or sum of money, shall be levied by distress and sale of the goods and chattels of the corporation.
Enforcing judgment against corporation.
In any case to which subsection (1) applies, in addition to the other remedies provided under any Act of the Legislature, a copy of the conviction or order certified by any justice, or by the officer in whose custody it is by law required to be kept, may be filed in Her Majesty's Court of Queen's Bench for Manitoba; and the conviction or order shall thereupon become a judgment of that court and all proceedings may thereupon be taken and had as on any other judgment of that court.
Cancellation of licence, etc., of corporation.
In the case of the conviction of, or an order against, a corporation that, by law of Manitoba, is required to obtain a licence or other authority to carry on its business in Manitoba and has obtained that licence or authority, if the fine, compensation, or sum of money is not paid according to the terms of the conviction or order, the Lieutenant Governor in Council may cancel and revoke the licence or authority so issued to the corporation, after at least 10 days notice in The Manitoba Gazette of an intention so to do and after the Attorney-General has heard any of the parties appearing or counsel on their behalf.
Nothing in subsections (1), (2), and (3), affects, limits, or restricts any proceedings that otherwise may be taken or had for the infliction of punishment by penalty or imprisonment, or the methods of enforcement or recovery of fines or penalties.
PAYMENT OF FINES
Effect of part payment of fine, etc.
Where a conviction or order of a judge or justice adjudges that a fine, penalty, or costs, be paid, the conviction or order is not void, nor is the right to collect any fine or costs or to enforce any penalty under any such conviction or order impaired because of time having been allowed for the payment of the sum, or any part thereof, or because of payment having been received of part of the sum adjudged to be paid, or because of the judge or justice having accepted security for the payment thereof, or any part thereof.
Where, in proceedings to which this Act applies, a court or justice convicts a person and adjudges that the person pay a fine, if the person requests the court or justice to allow time for the payment of the fine, the court or justice shall allow the person not less than 14 days within which to pay the fine.
OFFENCE NOTICE PROCEDURES
Prosecution commenced by offence notice.
Notwithstanding any provision of this Act or the Criminal Code (Canada), a peace officer who believes that a person has committed an offence under an Act of the Legislature, or under a by-law of a municipality or a regulation, may commence a prosecution for the offence by completing and delivering to the person alleged to have committed the offence the summons part of an offence notice without prior thereto, or thereafter, swearing to an information charging the person with the offence.
An offence notice shall consist of at least 2 parts
(a) one of which shall be an information alleging the offence; and
(b) one of which shall be a summons for court appearance directed to the person alleged to have committed the offence.
Notice may indicate amount of fine and costs.
The peace officer may set out in the offence notice the amount of the fine and costs, as set out in the regulations, with respect to the alleged offence, and the offence notice may provide for the person alleged to have committed the offence to forward the summons part of the offence notice together with the fine and costs to the appropriate court office by mail or in some other manner.
Where a person served with the summons part of an offence notice forwards the summons part with the amount of the fine and costs to the appropriate court office, he shall be deemed to have entered a plea of guilty to the offence.
Dispute of charge by accused person.
Where the person served with the summons part of an offence notice wishes to dispute the charge but is unable to appear before a justice at the location specified in the summons within 15 days after service, he may dispute the charge by delivering or mailing the summons to a justice at the location specified therein together with a written explanation setting out with reasonable particulars the grounds for his dispute and any facts upon which he relies.
Explanation may constitute defence.
Subject to subsections (3) and (4), where a justice receives a written explanation in accordance with subsection (1) disputing the charge, he shall, ex parte, enter a plea of not guilty on behalf of the accused and if the justice is satisfied after considering the explanation that the accused is not guilty of the offence charged he may acquit the accused.
Default conviction where explanation not a defence.
Where a justice receives a written explanation in accordance with subsection (1) and after considering the explanation he is satisfied that the explanation does not constitute a valid defence to the offence charged, he shall send to the accused by mail a written notice that he is satisfied that the explanation does not constitute a valid defence and that unless the accused, within 15 days after the date on which the notice is mailed, further disputes the charge by delivering or mailing to the justice at the location specified in the notice a written explanation setting out with reasonable particulars further or other grounds for the dispute, a default conviction will be entered against the accused and, if no further explanation is received within that period, a justice may enter a default conviction against and impose a fine upon the accused in accordance with subsection 17(2).
Lesser penalty under mitigating circumstances.
Where a justice receives a written explanation in accordance with subsection (1) or (3) and he is satisfied that the explanation discloses mitigating circumstances, he may find the accused guilty of the offence charged and impose such lesser penalty upon the accused as may be permitted by law; but if the justice is satisfied that the explanation raises an issue that may constitute a defence he shall fix a date, time and place for the hearing of the charge.
Where a justice fixes a date, time and place for the hearing of a charge under subsection (4), he shall give to the accused at least 15 days written notice thereof either by personal service or by mail.
Effect of use of words, etc., on notice.
The use in an offence notice of any word, expression, or abbreviation authorized by the regulations for use on an offence notice to designate an offence under an Act of the Legislature or a regulation or by-law made or passed under the authority of an Act of the Legislature, is sufficient for all purposes to describe that offence in an offence notice.
A peace officer commencing a prosecution by means of an offence notice shall, subject to subsection (2),
(a) indicate on the offence notice
(i) the name of the person alleged to have committed the offence,
(ii) if known, the address of that person,
(iii) the date on which, and the approximate time and approximate location of the place at which, the offence is alleged to have been committed,
(iv) if the offence was committed in connection with a motor vehicle, the number of the instruction permit, driver's licence, chauffeur's licence or motorcycle operator's licence of the person if he holds such a licence or permit, and
(v) if the offence is with respect to parking a vehicle, leaving a vehicle unattended or abandoning a vehicle, the numbers and letters shown on the vehicle number plate;
(b) indicate the offence charged on the offence notice
(i) by placing a mark in the appropriate space on the offence notice to indicate that offence, or
(ii) by writing a brief description of the offence in the space provided;
(c) sign the offence notice; and
(d) deliver the summons part of the offence notice so completed to the person alleged to have committed the offence;
and delivery of the summons part of the offence notice under clause (d) shall be conclusively deemed to be a personal service of a summons.
Delivery in case of parking offences, etc.
Where the offence alleged to have been committed and indicated in an offence notice is an offence with respect to parking a vehicle, leaving a vehicle unattended, or abandoning a vehicle, and the person who parked, left or abandoned the vehicle is not known to the peace officer completing the offence notice, the peace officer is not required
(a) to indicate on the offence notice the particulars mentioned in sub-clauses (1)(a)(i), (ii) and (iv); or
(b) to deliver the summons part of the offence notice to the person alleged to have committed the offence as required under clause (1)(d);
but he shall leave the summons part of the offence notice in, or affixed to, the vehicle, and the leaving of the summons part of the offence notice shall be conclusively deemed to be personal service of a summons on the person registered as the owner of the vehicle under The Highway Traffic Act.
Effect of service on employee of owner of vehicle.
Where an offence alleged to have been committed and indicated in an offence notice is an offence by the owner of a vehicle and not by the driver or the person having control of the vehicle, if the driver or person having control of the vehicle is an employee of the owner of the vehicle, delivery of the summons part of the offence notice to the driver or person having control of the vehicle shall be conclusively deemed to be personal service of the summons on the owner of the vehicle.
Where a person who has been served with a summons as provided in subsection (1) or (3) fails to comply with the directions set out in the summons, a justice may, upon disclosure to him of the circumstances, and without further notice to the person, issue a warrant to compel the attendance of the person named in the summons.
Deposit of information portion of offence notice.
The part of the offence notice constituting the information shall within 5 days after the date of the offence notice be deposited with a justice at the court office indicated in the offence notice as the court office to which the alleged offender may appear or forward the summons part of the offence notice.
Insertion of registered owner's name and address in parking offence.
Where an offence notice is issued as described in subsection (2), the peace officer issuing the offence notice shall, before depositing the information part thereof with a justice as required under subsection (5), ascertain and write on the information part in the appropriate place the name and address of the registered owner of the vehicle involved in the offence described in the offence notice.
Failure to set forth in an offence notice any particulars respecting the age, birth date, number of driver's licence, chauffeur's licence, instruction permit, or motorcycle operator's licence, or the occupation, of the person alleged to have committed the offence, or similar particulars for which provision is made in the form of the offence notice, does not invalidate the offence notice or any part thereof.
Offender may plead guilty to offence.
Where a person is served with the summons part of an offence notice, he may, within 15 days or such further period as is specified in the offence notice after the date of service thereof appear before a justice, plead guilty to the offence and outline any extenuating circumstances that he believes exist and the justice may take those circumstances into consideration, and in his discretion, impose the set fine or impose such lesser penalty as is permitted by law.
Where a person is served with the summons part of an offence notice and does not
(a) voluntarily pay the amount of the fine and costs set out in the offence notice; or
(b) appear before a justice pursuant to subsection (1); or
(c) enter a not guilty plea within 15 days or such further period as is specified in the offence notice and arrange for a trial date for hearing of the matter;
a justice may convict the person, enter a default conviction and impose the amount of the fine and costs set out in the offence notice and in default of payment of the fine and costs, impose a term of imprisonment.
Procedure where fine not set out.
Where the summons part of the offence notice served on a person does not set out the amount of fine and the person has not within 15 days or such further period as is specified in the notice after the date of service of the summons part,
(a) appeared before a justice under subsection (1); or
(b) entered a not guilty plea and arranged for a trial date for the hearing of the matter;
a justice may, ex parte, enter a default conviction, impose a fine and costs and in default of payment of the fine and costs by the person, impose a term of imprisonment.
Notice by court to convicted person.
Where under subsection (2) or (3) a default conviction is entered, against a person, the court shall cause to be sent to the convicted person by mail a written notice stating that if the convicted person fails to pay the fine and costs imposed upon him on or before a specified date, a warrant may issue for the arrest and detention of the convicted person.
Time restriction on issue of warrant.
A warrant for the arrest of a convicted person for failure to pay a fine and costs imposed under subsection (2) or (3) shall not be issued until at least 45 days after the date on which the notice under subsection (4) has been mailed to the convicted person.
Filing request for hearing de novo.
Where under subsection (2) or (3) a default conviction is entered against a person and he receives a notice under subsection (4), he may, not later than the date specified in the notice for payment of the fine and costs, request a hearing de novo before a provincial judge by filing the request with a justice at the location specified in the notice setting out the reasons for his failure to attend before a justice as required under subsection (1).
Where a person against whom a default conviction is entered under subsection (2) or (3) files a request for a hearing de novo, the justice receiving the request shall
(a) fix a date for the hearing de novo; and
(b) give at least 15 days notice in writing to the convicted person, either by personal service or by mail to the address indicated by the convicted person, of the date, time and place of the hearing de novo.
Restriction on default judgment.
A justice shall not enter a default conviction under subsection (2) or (3) against a person unless satisfied
(a) that the information part of the offence notice is complete and regular on its face; and
(b) where the person named in information part of the offence notice is liable as the owner of a vehicle, that the person is the owner of the vehicle.
Where offence notice is not complete and regular.
A justice shall quash the proceedings under an offence notice if he is not satisfied
(a) that the information part of the offence notice is complete and regular on its face; or
(b) where the person named in the information part of the offence notice is liable as the owner of a vehicle, that the person is the owner of the vehicle.
Default conviction on ordinary summons.
Where a person is served, as provided under this Act or any other Act of the Legislature, with a summons alleging an offence under any Act of the Legislature or any regulation or by-law of a municipality made under an Act of the Legislature, and does not appear as required in the summons, a justice may, ex parte, enter a default conviction against the person to whom the summons is directed and impose a fine and costs authorized by law and any other penalty authorized by law and, in default of payment of the fine and costs, impose a term of imprisonment.
Notices to state right of person to hearing de novo.
The notices referred to in subsections 17(4), 19(1) and 20(2) shall advise the person of his right to request a hearing de novo in accordance with the procedure set out in subsection 17(6).
HIGHWAY TRAFFIC ACT OFFENCES
Where a driver or owner of a vehicle is convicted of an offence under The Highway Traffic Act and is in default of payment of the fine imposed upon him, the Registrar of Motor Vehicles shall refuse to issue any driver's licence or renewal thereof to the convicted person after giving him at least 30 days notice by regular mail stating that if the convicted person fails to pay the fine imposed on him on or before a specified date no further driver's licence or renewal thereof will be issued to him.
Where under section 17 a default conviction is entered against a person and he receives a notice under subsection (1), he may, not later than the date specified in the notice, request a hearing de novo in accordance with the procedure set out in subsection 17(6) and thereupon subsection 17(7) applies.
Refusal to issue or renew licence.
Where, following a notice under subsection (1), the convicted person fails, refuses or neglects to pay the fine on or before the date specified in the notice the Registrar of Motor Vehicles shall, subject to subsection (5), refuse to issue any driver's licence or renewal thereof to the person until the amount of the fine is paid.
Suspension stayed upon request for hearing de novo.
Where the Registrar of Motor Vehicles is notified that a hearing de novo has been granted to a convicted person, he shall not take any action under subsection (3) in respect of the convicted person unless the conviction is confirmed and the convicted person fails to pay any fine imposed on the hearing de novo.
Reinstatement of licences in certain cases.
Notwithstanding subsection (4) and subsection 20(4), where the Registrar of Motor Vehicle has refused
(a) to issue or renew any driver's licence pursuant to this section; or
(b) to issue or renew the registration of a vehicle pursuant to section 20;
the Registrar of Motor Vehicles, in accordance with guidelines or terms and conditions prescribed by the regulations, may reinstate the licence of the driver or the registration of the vehicle, as the case may be.
PARKING VIOLATIONS
Liability of owner for parking offence.
Where the summons part of an offence notice is left by a peace officer in accordance with subsection 16(2) and no person has
(a) voluntarily paid the amount of the fine set out in the summons;
(b) entered a plea of not guilty within the 15 days specified in the summons; or
(c) arranged for a trial date for hearing of the matter;
the owner of the vehicle shall be deemed to have committed the offence and a default conviction shall be entered against and the fine as set out in the offence notice shall be imposed on the owner automatically and without the intervention of a justice.
Notice of default conviction to owner.
Where a default conviction is entered against, and a fine imposed upon, an owner under subsection (1),
(a) the court; or
(b) where a municipality is the beneficiary of the fine, the municipality; or
(c) where the conviction is for a parking offence under The Public Works Act or any regulation made thereunder, a person or persons designated by the minister charged with the administration of that Act and the regulation;
shall by mail send to the owner a notice in writing stating that a default conviction has been entered against and the fine imposed upon the owner.
Upon receipt of a notice sent under subsection (2), the owner may, within 15 days of the mailing of the notice, request a hearing de novo in accordance with the procedure set out in subsection 17(6) and thereupon subsection 17(7) applies.
Registration of vehicle may be refused.
Where the owner fails, refuses or neglects to pay the fines with respect to 10 or more convictions for parking offences, the Registrar of Motor Vehicles may refuse to issue the registration or renewal of registration of any vehicle in the name of that owner, and shall by regular mail notify the owner of the refusal.
FINE OPTION
Where a fine is imposed upon a convicted person, that person may elect to carry out unpaid community work in accordance with a fine option program established under the regulations, in which case, as long as the convicted person continues to comply with and to observe the terms and conditions of the fine option program, no action shall be taken to execute any warrant for arrest of the person for failure to pay the fine, or where applicable to suspend, for failure to pay the fine,
(a) the driver's licence of the person; or
(b) the right of the person to obtain a driver's licence; or
(c) the registration of a vehicle owned by the person.
Where a convicted person elects under subsection (1) to carry out unpaid community work and later fails, refuses or neglects to comply with or to observe the terms and conditions of the fine option program, a justice may issue a warrant for the arrest of the person or the Registrar of Motor Vehicles may, where applicable
(a) refuse to issue a driver's licence or renewal thereof to the convicted person; or
(b) refuse to issue or renew the registration of a vehicle in the name of the convicted person;
until the amount of the fine less any amount allowed as credits, is paid by the convicted person.
Where a person charged with an offence makes an election under subsection (1) before being convicted of the offence, he shall be deemed to have plead guilty to the offence charged and to have been fined either
(a) the amount of the fine set out in the offence notice issued in respect of the offence; or
(b) if no amount of the fine was set out in the offence notice, or if the proceedings were not commenced by the issuing of an offence notice, the maximum fine allowed by law.
IMPRISONMENT
Prison terms to run consecutively.
Where a person is convicted for more than one offence and a prison term is imposed with respect to each of the offences in default of the payment of a fine, the prison terms shall run consecutively unless the court or justice otherwise orders.
Where under any Act of the Legislature or by-law of a municipality, regulation, or order of a court, a person is directed to be imprisoned or committed to prison, the imprisonment or committal shall, if no other place is mentioned in the warrant of commitment or provided by law, be in or to the correctional institution in the locality in which the order for the imprisonment is made, or if there is no correctional institution there, then in or to a convenient correctional institution.
Keeper of correctional institution to receive prisoner.
The keeper of the correctional institution to whom a person is committed shall receive the person and safely keep him in the correctional institution under his custody until released therefrom in due course of law.
GENERAL
Disposal of fine and of appeal.
Notwithstanding any law or statute to the contrary,
(a) in any appeal to The Court of Appeal or to the Court of Queen's Bench from any conviction or order made by a justice it is not necessary for the justice to pay into The Court of Appeal or into the Court of Queen's Bench any fine paid to the justice; and
(b) The Court of Appeal or the Court of Queen's Bench shall hear and determine any appeal from a conviction or order made by a justice and give judgment without requiring the fine to be first paid into, and without requiring the fine to be paid at any time into, The Court of Appeal or the Court of Queen's Bench, as the case may be.
Notwithstanding any statute or law to the contrary, the evidence taken in connection with any conviction or order shall be treated as part of the conviction or order in any motion, application, or proceedings to quash the conviction or order, whether by certiorari or otherwise.
Subsection (1) applies only in so far as the Legislature has jurisdiction to enact it.
Review of proceedings on motion to quash.
Subject to subsection (2), on a motion to quash a conviction, the judge shall examine and consider the proceedings returned to the court and, if the proceedings show that the person accused has been convicted of any offence known to the law, and that there is any evidence to sustain the conviction, the conviction shall be affirmed, but otherwise the conviction shall be quashed.
Amendment or affirmation of conviction.
If the evidence returned shows that the accused is guilty of an offence against the law, or that the conviction, though irregular, ought to be amended or drawn so as duly to describe the offence, the conviction shall be affirmed or amended as justice requires.
Where a person appeals or takes any proceedings in which the depositions taken in the matter are required on the appeal or other proceedings, the person appealing, or taking the other proceedings, shall pay the justice, or reporter, as the case may be, the cost of preparing or transcribing the depositions, as the case may be.
All recognizances, taken or entered into under any legislation in force enacted by the Legislature before or after the coming into force of the Revised Statutes, that are forfeited or in respect to which the conditions of the recognizances or any of them have not been complied with, shall be estreated as follows :
(a) The justice who took the recognizance, or any justice who is made aware that the recognizance has been forfeited or that the conditions of the recognizance or any of them have not been complied with, shall certify upon the back of the recognizance the non-appearance of the person or the non-compliance with the condition, as the case may be, in the form to which reference is made in section 704 of the Criminal Code, and any amendments thereto which have been or may hereafter be enacted.
(b) The justice shall then transmit the recognizance to the officer in the province to whom recognizances are transmitted for the purpose of estreat under the provisions of Part XXII of the Criminal Code.
(c) The recognizance shall then be enforced and collected in the same manner and under the same procedure as recognizances are enforced and collected under the provisions of Part XXII of the Criminal Code.
Application of Criminal Code procedure.
The practice and procedure and all proceedings upon the estreat of recognizances taken or entered into under any legislation in force enacted by the Legislature before or after the coming into force of the Revised Statues is, except as herein provided, governed by Part XXII of the Criminal Code (Canada), so far as it is not inconsistent with this Act.
No necessity of seal on documents.
In all proceedings under this Act it is not necessary for the justice to affix his seal to any document; and no document is invalidated by reason of the lack of a seal, even though it purports to be sealed.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law, and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations not inconsistent with any other provision of this Act
(a) prescribing the form of offence notices for use under this Act;
(b) authorizing the use on offence notices issued under this Act of words, expressions and abbreviations to designate offences under certain Acts of the Legislature or certain by-laws of municipalities or regulations;
(c) establishing a schedule of fines and costs for the purpose of subsection 13(3);
(d) prescribing guidelines and terms and conditions for the purpose of subsection 19(5);
(e) respecting the establishment and administration of a fine option program which may include
(i) such matters, terms and conditions as may be deemed necessary or advisable to implement and administer the program,
(ii) the amount or rate of credits to be applied against fines for unpaid community work performed by convicted persons under the program, and
(iii) provisions for dealing with convicted persons on whom fines are imposed and who because of necessitous circumstances or physical, mental or other handicaps are unable to elect to perform unpaid community services or pay the fines.
(f) respecting the detention of persons under 18 years of age who are charged with offences under Acts of the Legislature or regulations made thereunder;
(g) respecting the custody of persons under 18 years of age who are convicted of offences under Acts of the Legislature or regulations made thereunder;
(h) providing for the adoption and application of all or part of the procedures prescribed under The Young Offenders Act (Canada) in matters relating to persons under 18 years of age who are charged with or convicted of offences under Acts of the Legislature or regulations made thereunder or certain of those offences;
(i) respecting methods of enforcing judgments and orders of courts relating to persons under the age of 18 years of age charged with or convicted of offences under Acts of the Legislature or regulations made thereunder.
Reference in Continuing Consolidation.
This Act may be referred to as chapter S230 of the Continuing Consolidation of the Statutes of Manitoba.
The following Acts and parts of Acts are repealed:
(a) The Summary Convictions Act, being chapter S230 of the Revised Statutes.
(b) An Act to amend The Summary Convictions Act, being chapter 58 of the Statutes of Manitoba, 1970.
(c) An Act to amend The Summary Convictions Act, being chapter 13 of the Statutes of Manitoba, 1972.
(d) Section 57 of The Statute Law Amendment Act (1974), being chapter 59 of the Statutes of Manitoba, 1974.
(e) An Act to amend The Summary Convictions Act, being chapter 11 of the Statutes of Manitoba, 1975.
(f) An Act to amend The Summary Convictions Act, being chapter 7 of the Statutes of Manitoba, 1977 (2nd Session).
(g) Section 38 of The Statute Law Amendment Act (1979), being chapter 28 of the Statutes of Manitoba, 1979.
(h) Section 13 of The Statute Law Amendment Act (1979) (2), being chapter 49 of the Statutes of Manitoba, 1979.
(i) Section 34 of The Statute Law Amendment Act (1980), being chapter 75 of the Statutes of Manitoba, 1980.
(j) An Act to amend The Summary Convictions Act, being chapter 30 of the Statutes of Manitoba, 1980-81.
(k) An Act to amend The Summary Convictions Act, being chapter 24 of the Statutes of Manitoba, 1982.
(l) Section 29 of The Statute Law Amendment Act, 1983, being chapter 93 of the Statutes of Manitoba, 1982-83-84.
This Act comes into force on the day it receives the royal assent.