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The Summary Convictions Amendment and Consequential Amendments Act

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S.M. 1993, c. 47

The Summary Convictions Amendment and Consequential Amendments Act

(Assented to July 27, 1993)

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

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

1           The Summary Convictions Act is amended by this Act.

2(1)        Subsection 6(2) is amended by striking out "Where" and substituting "Subject to subsection (4), where".

2(2)        Subsection 6(3) is amended by striking out "Where" and substituting "Subject to subsection (4), where".

2(3)        The following is added after subsection 6(3):

Exception for parking and traffic offences

6(4)        Subsections (2) and (3) do not apply in the case of default in the payment of a fine relating to

(a) an offence referred to in subsection 16(2) (parking offences); or

(b) an offence under The Highway Traffic Act or a regulation made under that Act.

3           The following is added after section 12:

Certificate of default

12.1        Where the payment of a fine is in default, the clerk of the court, or an authority to whom the fine is payable, may complete a certificate as to the imposition of the fine and the amount remaining unpaid and file the certificate in the Court of Queen's Bench, and on filing the certificate is deemed to be a judgment of that court for the purpose of enforcement.

4(1)         Subsection 17(2) is amended in the part following clause (c) by adding ", except as provided in subsection (11), may," after "offence notice and".

4(2)        Subsection 17(3) is amended in the part following clause (b) by adding ", except as provided in subsection (11), may," after "fine and costs and".

4(3)        Subsection 17(4) is amended by striking out "entered, against a person, the court shall" and substituting "entered against a person, the court, except as provided in subsection (11), shall".

4(4)        Subsection 17(10) is amended by adding "except as provided in subsection (11), may," after "authorized by law and".

4(5)        The following is added after subsection 17(10):

Exception for parking and traffic offences

17(11)      No term of imprisonment may be imposed and no warrant for a person's arrest and detention may be issued under this section in the case of default in the payment of a fine relating to

(a) an offence referred to in subsection 16(2) (parking offences); or

(b) an offence under The Highway Traffic Act or a regulation made under that Act.

5           Subsection 20(5) is repealed.

6(1)        Subsection 21(1) is amended

(a) by striking out "Where" and substituting "Subject to subsection (1.1), where"; and

(b) by striking out everything after "warrant of committal of the person for failure to pay the fine".

6(2)        The following is added after subsection 21(1):

Exception for parking and traffic offences

21(1.1)     Subsection (1) does not apply to a person on whom a fine is imposed respecting

(a) an offence referred to in subsection 16(2) (parking offences); or

(b) an offence under The Highway Traffic Act or a regulation made under that Act.

6(3)        Subsection 21(2) is amended by striking out everything after "committal of the person".

Transitional: warrants of committal

7(1)        A warrant of committal issued under The Summary Convictions Act before the day this Act comes into force in respect of

(a) an offence referred to in subsection 16(2) (parking offences); or

(b) an offence under The Highway Traffic Act or a regulation made under that Act;

continues in effect and may be executed until January 1, 1994 as though this Act had not come into force.

7(2)        Subsections 21(1) and (3) of The Summary Convictions Act continue to apply to a person in respect of whom a warrant of committal described in subsection (1) was issued before the day this Act comes into force as though this Act had not come into force.

Consequential amendments, C.C.S.M. c. H60

8(1)        The Highway Traffic Act is amended by this section.

8(2)        Clause 225(5)(b) is amended by striking out everything after "$500.".

8(3)        Section 239.1 is amended by striking out "and in default of payment to imprisonment for a term not exceeding six months or to imprisonment for a term not exceeding six months without the option of a fine" and substituting "or to imprisonment for a term of not more than six months or to both the fine and imprisonment".

Coming into force

9           This Act comes into force on a day fixed by proclamation.