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The Summary Convictions Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 37

THE SUMMARY CONVICTIONS AMENDMENT ACT


 

(Assented to August 18, 2000)

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

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

1         The Summary Convictions Act is amended by this Act.

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

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

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

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

3         The following is added after section 17:

Penalty on default conviction

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

Enforcement and collection of penalty

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

Reduction or waiver of penalty

17.1(3)   Despite subsection (1), a justice may reduce or waive a penalty at a hearing de novo requested under subsection 17(6) if the person satisfies the justice that exceptional circumstances exist.

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

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

4(3)      Subsection 19.1(4) is amended

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

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

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

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

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

Coming into force

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