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The Summary Convictions Amendment Act

S.M. 1991-92, c. 18

Bill 39, 2nd Session, 35th Legislature

The Summary Convictions Amendment Act

(Assented to July 26, 1991)

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

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

1           The Summary Convictions Act is amended by this Act.

Subsection 19(1) amended

2(1)        Subsection 19(1) is amended by striking out "shall" and substituting "may".

Subsection 19(3) amended

2(2)        Subsection 19(3) is amended by striking out "shall" and substituting "may".

Section 19.1 added

3           The following is added after section 19:

Definition

19.1(1)     In this section, "reciprocating jurisdiction" means another province or a territory of Canada, a state or territory of the United States, and the District of Columbia in the United States.

Outstanding fine in reciprocating jurisdiction

19.1(2)     Where, under the law of a reciprocating jurisdiction, a person has not paid or otherwise satisfied a fine imposed upon him or her in respect of an offence that is the same as or similar to an offence under The Highway Traffic Act or a regulation thereunder, the Registrar of Motor Vehicles may refuse to issue a driver's licence or a renewal thereof to the person after giving him or her not less than 60 days notice by regular mail stating that a driver's licence or renewal thereof will not be issued to the person until the Registrar of Motor Vehicles receives notification from the reciprocating jurisdiction that the fine is satisfied.

Subsection 20(5) added

4           The following is added after subsection 20(4):

Issue of warrant of committal

20(5)       Where a justice is satisfied that

(a)a default conviction has been entered under subsection (1);

(b)the owner has not paid the fine;

(c)the owner has not requested a hearing de novo;

(d)15 days have elapsed after mailing of the notice under subsection (3); and

(e)the owner has received notice of the default conviction;

the justice may issue a warrant of committal for a term of imprisonment equal to the total of

(f)five days; and

(g)one day for every $10. of the fine that is not paid.

Subsection 21(1) amended

5(1)        Subsection 21(1) is amended by striking out "warrant for arrest" and substituting "warrant of committal".

Subsection 21(2) amended

5(2)        Subsection 21(2) is amended by striking out "warrant for the arrest" and substituting "warrant of committal".

Subsection 21(3) renumbered, new (3) added

5(3)        Subsection 21(3) is renumbered as subsection 21(5), and the following is added after subsection (2):

Revocation of warrant on conditions

21(3)       A person on whom a warrant of committal is executed for failure to pay a fine or any part of a fine may make application to a justice to have the warrant of committal revoked on condition that the person register in the fine option program, and where a justice determines that the person

(a) has a reasonable excuse for failing to pay the fine; and

(b) has not been registered in the fine option program in respect of the fine;

the justice may revoke the warrant of committal on condition that the person pay the fine or register in the fine option program within a specified time.

Issuance of further warrant of committal

21(4)       Where a warrant of committal is revoked under subsection (3), and the person in respect of whom it is revoked fails to pay the fine, to register in the fine option program within the time specified by the justice under subsection (3), or to comply with any terms or conditions of the fine option program, a warrant of committal may be issued for the person.

Subclause 30(e)(iv) added

6           Clause 30(e) is amended by striking out "and" at the end of subclause (ii), by adding "and" at the end of subclause (iii) and by adding the following after subclause (iii):

(iv) provisions prescribing the payment of a fee, and the amount of the fee, by offenders before or at the time of registration in the fine option program;

Coming into force

7(1)        Subject to subsection (2), this Act comes into force on royal assent.

Proclamation: sections 5 and 6

7(2)        Sections 5 and 6 come into force on a day fixed by proclamation.