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The Highway Traffic Amendment and Summary Convictions Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 1

Bill 3, 3rd Session, 37th Legislature

THE HIGHWAY TRAFFIC AMENDMENT AND SUMMARY CONVICTIONS AMENDMENT ACT


 

(Assented to May 23, 2002)

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

PART 1

THE HIGHWAY TRAFFIC ACT

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

1           The Highway Traffic Act is amended by this Part.

2           Subsection 1(1) is amended

(a) in the definition "crosswalk" in the English version, by striking out "in an intersection" in clauses (a) and (b) and substituting "at an intersection";

(b) by adding the following definition in alphabetical order:

"image capturing enforcement system" means an image capturing enforcement system approved by the regulations; (« système de saisie d'images »)

(c) by replacing the definition "intersection" with the following:

"intersection" means the area embraced within the prolongation or connection of

(a) the lateral curb lines, or

(b) if there are no lateral curb lines, the exterior edges of the roadways,

of two or more highways which join one another at an angle, whether or not one highway crosses the other; (« intersection »)

3(1)        The following is added after subsection 4.25(1):

Obstruction of number plate

4.25(1.1)   No person shall operate a vehicle on a highway if any number plate required to be displayed on the vehicle is obstructed in a manner that prevents or is capable of preventing the numbers or letters from being accurately captured by an image capturing enforcement system.

3(2)        Subsection 4.25(2) is replaced with the following:

Effect of towing trailer or other vehicle

4.25(2)     A person does not contravene subsection (1) or (1.1) by reason only that the vehicle that the person is operating is towing a trailer or other vehicle.

4           The following is added after section 210:

Removal, etc., of image capturing enforcement system forbidden

210.1       No person shall

(a) deface, obliterate, injure or interfere with an image capturing enforcement system or any part of one; or

(b) without the permission of the proper traffic authority, alter or remove, or attempt to alter or remove, an image capturing enforcement system or any part of one.

5(1)        Subsections 229(1) and (2) are replaced with the following:

Definition of "owner"

229(1)      In this section, "owner", in relation to

(a) a vehicle that displays a number plate or permit and is involved in a contravention referred to in subsection (2),

(i) means the person to whom a registration card is issued with a number corresponding to the number of the number plate displayed on the vehicle or to whom the permit is issued, unless the person proves to the satisfaction of the judge or justice that the number plate or permit displayed on the vehicle was displayed without his or her consent, or

(ii) if that person passed the property in the vehicle to someone else before the vehicle was involved in the contravention, means any person who, alone or jointly with one or more others,

(A) has the right to pass the property in the vehicle, or

(B) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(b) a vehicle that does not display a number plate and is involved in a contravention referred to in subsection (2), means any person who, alone or jointly with one or more others,

(i)  has the right to pass the property in the vehicle, or

(ii)  has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days.

Owner may be charged with driver's offence

229(2)      The owner of a vehicle that is involved in a contravention of this Act, a regulation or a rule or by-law made by a traffic authority under subsection 90(1) may be charged with any offence with which, in similar circumstances, the driver of a vehicle or the person having care, charge or control of one may be charged.

Conviction of owner

229(2.1)    If the judge or justice before whom the owner is tried is satisfied that the vehicle was involved in the contravention, the owner is guilty of the offence, unless the owner proves to the satisfaction of the judge or justice that at the time of the contravention the vehicle was, without the owner's express or implied consent, in someone else's possession.

5(2)        Subsection 229(3) is amended

(a) by striking out "subsection (2)" and substituting "subsection (2.1)"; and

(b) by striking out everything after "satisfies" and substituting "the judge or justice that the driver of the vehicle or the person having care, charge or control of it, being in either case a person other than the owner, was convicted of the offence in relation to the same occurrence."

5(3)        The following is added after subsection 229(3):

Owner not guilty when another owner is guilty

229(3.1)    Without limiting the generality of subsection (3), an owner is not guilty of an offence under subsection (2.1) if the owner satisfies the judge or justice that

(a) the vehicle was comprised of a combination of two or more vehicles;

(b) the owner did not own all of the vehicles in the combination; and

(c) another person who owned one of the vehicles was convicted of the offence in relation to the same occurrence.

5(4)        Subsection 229(4) is amended

(a) by striking out "subsection (2) is liable" and substituting "subsection (2.1) is liable, on summary conviction,"; and

(b) by striking out "the owner or person" and substituting "the driver or person".

5(5)        Subsection 229(5) is amended

(a) by striking out "subsection (2)" and substituting "subsection (2.1)"; and

(b) by striking out everything after "driver" and substituting "of the vehicle or the person having care, charge or control of it."

6           Subsection 255(6) is amended by adding "or image capturing enforcement system" after "speedometer".

7           The following is added after section 257:

Use of image capturing enforcement systems

257.1(1)    Municipalities, and peace officers acting on behalf of municipalities or the government, may use image capturing enforcement systems only if they are authorized to do so by the regulations and only

(a) for enforcing subsections 88(7) and (9) (red light offences), subsection 95(1) (speeding offences) and clauses 134(1)(b) and (c) (railway crossing offences); and

(b) in accordance with any conditions, limitations or restrictions in the regulations about the use of such systems.

Limitations re speed limit enforcement

257.1(2)    Without limiting the generality of subsection (1), when municipalities and peace officers acting on behalf of municipalities or the government use image capturing enforcement systems for speed limit enforcement, they may only use them to detect speed limit violations that occur

(a) in construction zones, playground zones and school zones; and

(b) at intersections that are controlled by traffic control lights.

Municipalities' use of surplus fine revenue

257.1(3)    If a municipality's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the municipality must use the surplus revenue for safety or policing purposes.

Province's use of surplus fine revenue

257.1(4)    If the government's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the government must use the surplus revenue for safety or policing purposes in the part of the province in which the offence was committed.

Image capturing enforcement system evidence

257.2(1)    A reproduction on paper of an image obtained through the use of an image capturing enforcement system is admissible in evidence in a proceeding commenced by offence notice under The Summary Convictions Act relating to an alleged offence under a provision mentioned in clause 257.1(1)(a) if the reproduction

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

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

Use of reproduction at trial

257.2(2)    In the absence of evidence to the contrary, a reproduction described in subsection (1) is proof, in relation to the vehicle, of the number plate displayed on the vehicle and of the information displayed on the reproduction or appended to it.

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 image capturing enforcement systems.

Tester's certificate as evidence

257.3(2)    In any prosecution described in subsection 257.1(1) and based on evidence obtained through the use of an image capturing enforcement system, a certificate

(a) stating the result of the test of the image capturing enforcement system identified in the certificate;

(b) stating that the test was conducted at a specified time that is within the time prescribed in the regulations before or after the date of the offence charged; and

(c) purporting to be signed by a tester who is appointed by the minister to test image capturing enforcement systems of the type identified in the certificate;

shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature or appointment as tester of the person signing the certificate.

Tester or peace officer may be required to attend court

257.4       A person against whom a certificate under section 257.3 or a reproduction of an image under section 257.2 is produced may, with leave of the court, require the attendance of the following persons for the purposes of cross-examination:

(a) the tester who signed the certificate;

(b) the peace officer who caused or authorized the offence notice to be delivered to the person; and

(c) if the image capturing enforcement system is of a type that is operated by an on-site operator, the peace officer who operated it.

8           The following is added after subsection 261(1):

Subsection (1) not to apply to certain offences

261(1.1)    Subsection (1) does not apply to an offence under subsection 88(7) or (9) (red light offences), subsection 95(1) (speeding offences) or clause 134(1)(b) or (c) (railway crossing offences) if the evidence of the offence was obtained by an image capturing enforcement system.

9           The following is added after clause 319(1)(bbbb):

(cccc) respecting image capturing enforcement systems and their use, including

(i) prescribing types of image capturing enforcement systems,

(ii) prescribing what constitutes a particular type of image capturing enforcement system and governing the features and functions that it must or may have or be able to carry out,

(iii) approving specified image capturing enforcement systems by name or other description, and governing how approved systems may be referred to in certificates under section 257.3 and other documents, or in evidence in relation to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(1)(b) or (c),

(iv) authorizing individual municipalities, and peace officers on behalf of individual municipalities or the government, to use image capturing enforcement systems,

(v) governing the use of image capturing enforcement systems by municipalities and by peace officers on behalf of municipalities or the government, and

(vi) prescribing what constitutes a construction zone, playground zone or school zone for the purposes of subsection 257.1(2);

(dddd) prescribing, for the purpose of subsection 257.2(1), information to be displayed on or appended to a reproduction on paper of an image obtained through the use of an image capturing enforcement system or any specified image capturing enforcement system relating to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(1)(b) or (c);

(eeee) prescribing a time for the purpose of clause 257.3(2)(b).

10          The following is added after subsection 322(7):

Disclosure of information for offence notices

322(8)      Despite subsection (3), the registrar may, for the purpose of producing offence notices for offences under any of the provisions mentioned in clause 257.1(1)(a) (image capturing enforcement), disclose personal information about vehicle owners from his or her records of vehicle registrations to a person who has a contract to produce the offence notices for a municipality, or for a police force acting on behalf of a municipality or the government.

PART 2

THE SUMMARY CONVICTIONS ACT

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

11          The Summary Convictions Act is amended by this Part.

12          Section 1 is amended by adding the following definition in alphabetical order:

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

13(1)       Subsection 13(1) is amended

(a) by striking out "Notwithstanding any provision of this Act or" and substituting "Despite subsection 3(1) of this Act and any provision of"; and

(b) by adding "This is subject to subsection (1.1)." at the end.

13(2)       The following is added after subsection 13(1):

Exception: image capturing enforcement

13(1.1)     A peace officer who, on the basis of evidence obtained by an image capturing enforcement system, believes that a vehicle was involved in a contravention of subsection 88(7) or (9) (red light offences), subsection 95(1) (speeding offences) or clause 134(1)(b) or (c) (railway crossing offences) of The Highway Traffic Act may commence a prosecution against the owner of the vehicle for the contravention by causing or authorizing a completed offence notice to be delivered to the owner in accordance with this Act and the regulations.

Sworn information not required

13(1.2)     Despite subsection 3(1) of this Act and any provision of the Criminal Code (Canada), a peace officer may commence a prosecution mentioned in subsection (1.1) without swearing to an information charging anyone with the offence.

13(3)       Subsection 13(2) is amended

(a) by replacing the section heading with "Form of general offence notice"; and

(b) in the part before clause (a), by adding "for commencing a prosecution mentioned in subsection (1) shall be in the form and contain the information prescribed in the regulations and" after "notice".

13(4)       The following is added after subsection 13(2):

Form of offence notice — image capturing enforcement

13(2.1)     An offence notice for commencing a prosecution mentioned in subsection (1.1) shall be in the form and contain the information prescribed in the regulations and shall be directed to the owner of the vehicle involved in the contravention referred to in the offence notice.

13(5)       Subsection 13(3) is replaced with the following:

Offence notice may indicate amount of fine, etc.

13(3)       An offence notice may indicate the amount of the fine and costs payable in relation to the alleged offence, as set out in the regulations, and may provide for the person alleged to have committed the offence or the vehicle owner to forward the offence notice or the summons part of it together with the fine and costs to the appropriate court office by mail or in some other manner.

13(6)       Subsection 13(4) is amended by striking out "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" and substituting "If a person to whom an offence notice or the summons part of one is delivered forwards it and the amount of the fine and costs to the appropriate court office, he or she".

14          Subsection 14(1) is replaced with the following:

Dispute of charge by accused person

14(1)       If a person to whom an offence notice or the summons part of one is delivered wishes to dispute the charge but is unable to appear before a justice at the location specified in the offence notice or summons within 15 days after delivery, he or she may dispute the charge by delivering or mailing the offence notice or summons to a justice at that location together with a written explanation stating in reasonable detail the grounds for the dispute and any facts upon which he or she relies.

15(1)       Subsection 16(1) is amended

(a) by replacing the section heading with "Summons procedure generally"; and

(b) in the part before clause (a), by striking out "subsection (2)" and substituting "subsections (2) and (2.1)".

15(2)       The following is added after subsection 16(2):

Procedure: image capturing enforcement

16(2.1)     A peace officer commencing a prosecution by means of an offence notice for an offence described in subsection 13(1.1) shall ensure that

(a) the offence notice is completed in the form prescribed in the regulations for such offences;

(b) the following information is indicated on the offence notice:

(i) the name and last known address, as set out in the records of vehicle registrations maintained by the Registrar of Motor Vehicles, of the owner of the vehicle that the officer believes was involved in the commission of the offence,

(ii) the date on which, and the approximate time and location at which, the offence is alleged to have been committed,

(iii) the numbers and letters shown on the vehicle number plate in the image from the image capturing enforcement system,

(iv) the section of The Highway Traffic Act that is alleged to have been contravened and the words, expressions or abbreviations authorized in the regulations for the offence charged on the offence notice,

(v) the officer's name, organization and badge or other identification number,

(vi) if the offence notice and paper reproduction of the image from the image capturing enforcement system are mailed to the vehicle owner under subsection (2.3), the date of mailing,

(vii) any other information prescribed by the regulations;

(c) a facsimile of the peace officer's signature is printed or reproduced on the offence notice; and

(d) the offence notice and a paper reproduction of the image from the image capturing enforcement system is delivered to the vehicle owner at the address referred to in subclause (b)(i).

Offence notice may contain reproduction of image

16(2.2)     Despite clause (2.1)(d), when the image from the image capturing enforcement system is reproduced on the offence notice, a separate reproduction of the image does not have to be delivered with the offence notice.

Delivery of offence notice: image capturing enforcement

16(2.3)     An offence notice and paper reproduction of an image may be delivered under clause (2.1)(d) by regular prepaid mail if they are mailed within 14 days after the occurrence of the alleged offence.

Deemed service: image capturing enforcement

16(2.4)     An offence notice that is mailed in accordance with subsection (2.3) to the address set out in the offence notice shall be conclusively deemed to have been personally served on the vehicle owner seven days after it was mailed.

15(3)       Subsection 16(5) is replaced with the following:

Filing of offence notice or information

16(5)       Subject to the regulations, an offence notice under subsection 13(1.1) or the information part of an offence notice under subsection 13(1) shall, before the first appearance date shown in the offence notice or information, be filed with a justice in the court office specified in the offence notice or information.

16(1)       Subsection 17(1) is amended

(a) by striking out "Where a person is served with the summons part of an offence notice, he" and substituting "When a person is served with an offence notice or the summons part of one, he or she"; and

(b) in the English version,

(i) by striking out "that he believes" and substituting "that he or she believes", and

(ii) by striking out "his discretion" and substituting "his or her discretion".

16(2)       The following is added after subsection 17(2):

Default conviction: image capturing enforcement

17(2.1)     When an offence notice for an offence described in subsection 13(1.1) is mailed in accordance with subsection 16(2.3) to the address set out in the offence notice and no person has

(a) voluntarily paid the amount of the fine and costs set out in the offence notice;

(b) entered a plea of not guilty within the 15 days specified in the offence notice; 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 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

17(2.2)     Where a default conviction is entered against, and a fine imposed upon, an owner under subsection (2.1), the court 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 him or her.

16(3)       Subsection 17(6) is amended

(a) by adding ", (2.1)" after "subsection (2)"; and

(b) by striking out "subsection (4)" and substituting "subsection (2.2) or (4)".

16(4)       Subsection 17(7) is amended in the part before clause (a) by adding ", (2.1)" after "subsection (2)".

17          Subsection 17.1(1) is amended by adding "(2.1)," after "subsection 17(2),".

18(1)       The following is added after subsection 19.1(1):

Registrar's powers: image capturing enforcement

19.1(1.1)   When a vehicle owner is convicted of an offence described in subsection 13(1.1) and has not paid a fine imposed as a result of the conviction, the registrar may, subject to the notice requirements in subsections (2) and (3), refuse to issue a vehicle registration card or permit to the owner or renew his or her registration of any vehicle. This is in addition to the registrar's powers in relation to the owner under subsection (1).

18(2)       Subsections 19.1(2), (4) and (6) are amended by adding "or (1.1)" after "subsection (1)".

19          Section 19.3 is amended in the part before clause (a)

(a) by adding "or (1.1)" after "subsection 19.1(1)"; and

(b) by adding "to drive, or vehicle registration card or permit," after "permit".

20          Section 30 is amended

(a) by replacing clause (a) with the following:

(a) prescribing forms of offence notice for use under this Act and the information that each must contain, and requiring the use of particular forms for certain offences;

(b) by adding the following after clause (d):

(d.1) respecting the electronic creation, completion, signing, identification, filing, storage or reproduction of offence notices in proceedings relating to alleged offences under subsections 88(7) and (9), subsection 95(1) and clauses 134(1)(b) and (c) of The Highway Traffic Act that are based on evidence obtained through the use of image capturing enforcement systems;

PART 3

CONSEQUENTIAL AMENDMENTS

Consequential amendment, C.C.S.M. c. P215

21          The following is added after subsection 33(3) of The Manitoba Public Insurance Corporation Act:

Application of regulations under clause (1)(h)

33(4)       A regulation made under clause (1)(h) does not apply in relation to a conviction for an offence under subsection 88(7) or (9) (red light offences), subsection 95(1) (speeding offences) or clause 134(1)(b) or (c) (railway crossing offences) of The Highway Traffic Act that is based on evidence obtained through the use of an image capturing enforcement system as defined in that Act.

Repeal of unproclaimed provisions

22          The following provisions of The Highway Traffic Amendment, Summary Convictions Amendment and Consequential Amendments Act, S.M. 1997, c. 57, are repealed:

(a) subsections 1(2) and (3);

(b) subsection 1(4), insofar as it enacts section 229.1;

(c) subsections 1(5) and (6);

(d) subsections 2(2) and (6);

(e) section 3.

PART 4

COMING INTO FORCE

Coming into force

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