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The Summary Convictions Amendment Act

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S.M. 2010, c. 50

Bill 9, 5th Session, 39th Legislature

The Summary Convictions Amendment Act

(Assented to December 9, 2010)

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           The centred heading before section 19 is amended by striking out "POWERS OF REGISTRAR RE" and substituting "CONSEQUENCES OF".

3           Section 19 is amended by striking out ", 19.2 and 19.3" and substituting "to 19.6".

4(1)        The part of subsection 19.1(1) before clause (a) is replaced with the following:

Powers of registrar re unpaid fines

19.1(1)     If a person convicted of an offence under an Act or regulation fails to pay the fine or the costs imposed in respect of the offence or any additional penalty payable under section 17.1, the registrar may — subject to subsection (4) and the notice requirements of section 19.6 — do one or more of the following:

4(2)        Subsection 19.1(1.2) is amended by striking out "Subsections (2) to (6) and section 19.3" and substituting "Subsections (4) and (6) and sections 19.3 and 19.6".

4(3)        Subsections 19.1(2) and (3) are repealed.

4(4)        Subsection 19.1(4) is replaced with the following:

Exercise of registrar's powers

19.1(4)     The registrar may, without further notice, exercise a power under subsection (1) if the person fails to pay all amounts owing by the date specified in the notice given under section 19.6.

4(5)        Subsection 19.1(5) is repealed.

4(6)        Subsection 19.1(6) is amended in the part before clause (a) by striking out everything after "under subsection (1)" and substituting "until the registrar receives notice that".

5           Subsection 19.2(2) is amended by striking out everything after "notice requirements" and substituting "of section 19.6, refuse to issue or renew the person's driver's licence if he or she fails to pay all amounts owing by the deadline set out in the notice given under section 19.6."

6           Clause 19.3(a) is replaced with the following:

(a) after receiving notice that the fine, costs, the administrative fee under section 19.4, the overdue collection fee under section 19.5 and any penalty payable under section 17.1 have been paid; or

7           The following is added after section 19.4:

Overdue collection fee

19.5(1)     Subject to the notice requirements of section 19.6, if a person convicted of an offence under an Act or regulation fails to pay the fine or the costs imposed in respect of the offence or any additional penalty payable under section 17.1, the person must pay an overdue collection fee if he or she fails to pay all amounts owing by the deadline set out in the notice given under section 19.6.

Amount of overdue collection fee

19.5(2)     An overdue collection fee is to be calculated in the manner prescribed by regulation.

Recovery

19.5(3)     The overdue collection fee may be recovered in the same manner and with the same procedures as a fine imposed upon a person.

When overdue collection fee not payable

19.5(4)     If a person owes any amount as the result of a default conviction and a hearing de novo is granted in respect of the default conviction, the person is not required to pay an overdue collection fee until

(a) the conviction has been confirmed at the hearing de novo; and

(b) the person is in default in paying an amount ordered to be paid at that hearing.

Application

19.5(5)     An overdue collection fee may be imposed in respect of a fine, costs or any additional penalty under section 17.1 outstanding on the day this section comes into force.

Notice of actions re outstanding amounts

19.6(1)     Before the registrar exercises a power under subsection 19.1(1) and before an overdue collection fee is imposed against a person, a written notice must be served upon the person stating that

(a) the registrar may exercise a power under subsection 19.1(1); and

(b) an overdue collection fee will be imposed against the person;

if the fine, costs and any additional penalty under section 17.1 are not paid on or before a deadline set out in the notice.

Service of notice

19.6(2)     The notice must be served on the person by regular mail or by personal service at least 30 days before the deadline set out in the notice.

8           The following is added after clause 30(d.2):

(d.3) respecting overdue collection fees under section 19.5, including prescribing the manner in which an overdue collection fee is to be calculated;

Consequential amendment, C.C.S.M. c. G20

9           The definition "fine" in section 14.4 of The Garnishment Act is amended by adding the following after clause (c.1):

(c.2) an overdue collection fee imposed under The Summary Convictions Act;

Coming into force

10          This Act comes into force on a day to be fixed by proclamation.