C.C.S.M. c. P160
The Provincial Offences Act
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
DEFINITIONS | ||
1 | Definitions | |
APPLICATION OF THIS ACT | ||
2 | (1) | When this Act applies |
(2) | When this Act does not apply — municipal by-laws | |
(3) | References to summary conviction process | |
GENERAL OFFENCE | ||
3 | General offence | |
4 | General penalty | |
LIMITATION PERIOD | ||
5 | (1) | Limitation period |
(2) | If continuing offence | |
PART 2 | ||
COMMENCING PROCEEDINGS BY TICKET | ||
6 | Definitions | |
COMPLETING A TICKET | ||
7 | (1) | Completing a ticket |
(2) | Ticket to be dated and signed | |
(3) | Ticket to be served on person charged | |
8 | (1) | Content of ticket |
(2) | How to specify the offence | |
(3) | Description of offence | |
(4) | No need for oath | |
(5) | Ticket need not set out driver's licence | |
9 | (1) | Photo enforcement ticket |
(2) | Content of photo enforcement ticket | |
10 | Vehicle owner liable to pay parking or photo enforcement ticket | |
11 | (1) | Ticket valid despite irregularities |
(2) | Quashing a ticket | |
12 | (1) | Electronic tickets |
(2) | Electronic signature | |
(3) | Sending a ticket in electronic form | |
SERVING AND FILING A TICKET | ||
13 | (1) | How ticket to be served |
(2) | Serving a photo enforcement ticket | |
(3) | Serving a parking ticket | |
(4) | Serving an employee of vehicle owner | |
(5) | Substituted service | |
14 | Ticket filed with the court | |
HOW TO RESPOND TO A TICKET | ||
15 | Ways to respond to a ticket | |
16 | If offence is admitted — fine paid | |
17 | (1) | If offence is admitted — amount disputed |
(2) | Submissions under oath | |
(3) | Justice to consider fine | |
(4) | Notice of fine | |
18 | If hearing requested | |
DEFAULT CONVICTION IF PERSON FAILS TO RESPOND | ||
19 | (1) | Default conviction if person fails to respond |
(2) | Default conviction if person fails to appear at hearing | |
(3) | No default conviction penalty for parking offence | |
20 | Notice of default conviction | |
APPLICATION TO SET ASIDE DEFAULT CONVICTION | ||
21 | (1) | Application to set aside default conviction |
(2) | Application within 30 days | |
(3) | Fee | |
(4) | Setting aside the conviction | |
(5) | When conviction set aside | |
(6) | If conviction set aside — offence admitted | |
(7) | If conviction set aside — charge disputed | |
(8) | If person fails to appear | |
(9) | Notice of default conviction | |
PART 3 | ||
COMMENCING PROCEEDINGS BY INFORMATION | ||
22 | (1) | Commencing a proceeding by information |
(2) | Exception if ticket already served | |
COMPLETING AND LAYING AN INFORMATION | ||
23 | (1) | Completing an information |
(2) | Prescribed form and under oath | |
(3) | Content of information | |
(4) | Description of offence | |
24 | (1) | Information to be laid before justice |
(2) | Justice to review information | |
SUMMONS TO APPEAR | ||
25 | (1) | Summons to appear |
(2) | Content of summons | |
(3) | Notice of private prosecution to Attorney General | |
26 | (1) | Serving the summons |
(2) | Service outside Manitoba | |
(3) | Service on corporation | |
27 | Defendant must appear | |
28 | Arrest warrant in limited circumstances | |
ANSWERING AN INFORMATION | ||
29 | (1) | If defendant admits the offence |
(2) | Submissions under oath | |
(3) | Payment of court costs and surcharges | |
(4) | Reduction or waiver of costs and surcharge | |
(5) | If defendant disputes the charge | |
(6) | Notice of court date | |
CONDITIONS ON DEFENDANT PENDING DISPOSITION | ||
30 | (1) | Attorney General may apply for conditions |
(2) | Defendant may make submissions | |
(3) | Order | |
(4) | Copy of order to defendant | |
(5) | Conditions effective until matter disposed of | |
APPEARANCE NOTICE BEFORE INFORMATION LAID | ||
31 | (1) | Appearance notice before information laid |
(2) | Content | |
(3) | Serving the notice | |
(4) | Information must be laid before date of appearance | |
(5) | Person must appear | |
(6) | Appearance notice void if no information laid | |
PART 4 | ||
SEARCH WARRANTS, SEIZURE OF EVIDENCE AND WARRANTS TO ENTER | ||
DEFINITIONS | ||
32 | Definitions | |
APPLICATION OF THIS PART | ||
33 | (1) | Application of this Part |
(2) | Dealing with seized things | |
SEARCH WARRANTS | ||
34 | (1) | Applying for search warrant |
(2) | How application may be made | |
(3) | Notice not required | |
(4) | Conditions for issuing warrant | |
35 | (1) | Authority of search warrant |
(2) | When warrant expires | |
36 | Securing place to be searched | |
EXECUTING A SEARCH WARRANT | ||
37 | (1) | Execution to begin between 8:00 a.m. – 8:00 p.m. |
(2) | Use of force | |
(3) | Police officer assistance | |
(4) | Providing a copy | |
(5) | Posting a copy if place unoccupied | |
(6) | No invalidation of search or seizure | |
(7) | Documents in lawyer's possession | |
38 | Additional seizure powers | |
HOW SEIZED THINGS ARE TO BE DEALT WITH | ||
39 | (1) | Duty of person who seizes things |
(2) | Three-month time limit for detention | |
(3) | Seized things may be examined or copied | |
ORDER TO EXTEND A DETENTION PERIOD | ||
40 | (1) | Application to extend detention |
(2) | Notice | |
(3) | Order to extend | |
(4) | Application to provincial judge if more than one year | |
(5) | Application made after detention period expires | |
(6) | If person consents | |
ACCESS TO SEIZED THINGS | ||
41 | (1) | Application to examine or test |
(2) | Notice | |
RETURN OR DISPOSITION OF SEIZED THINGS | ||
42 | (1) | Application for return or release of seized thing |
(2) | Application by prosecutor or responsible official | |
(3) | Notice — application by owner or person entitled | |
(4) | Notice — application by prosecutor or responsible official | |
(5) | Orders | |
(6) | Detention pending appeal, etc. | |
PERISHABLE OR HAZARDOUS THINGS | ||
43 | (1) | Perishable or hazardous things |
(2) | Notice | |
(3) | Proceeds of sale | |
(4) | Application for payment | |
(5) | Order | |
(6) | Notice | |
(7) | Definition of "proceeds of the sale" | |
FORFEITURE OF SEIZED ITEMS BELOW A PRESCRIBED VALUE | ||
44 | (1) | Forfeiture of seized items on a ticket |
(2) | Forfeiture after 90 days | |
COPIES OF SEIZED RECORDS | ||
45 | (1) | Seized records may be copied |
(2) | Certified copy as evidence | |
WARRANT TO ENTER AND INSPECT | ||
46 | (1) | Warrant to enter and inspect |
(2) | Application | |
(3) | Notice not required | |
(4) | Use of force | |
(5) | Police officer assistance | |
PART 5 | ||
ARREST AND RELEASE | ||
PARTIE 5 | ||
ARRESTATION ET REMISE EN LIBERTÉ | ||
ARREST WITHOUT WARRANT | ||
47 | (1) | Arrest without warrant |
(2) | Police officer assistance | |
(3) | No arrest without warrant for municipal offence | |
48 | (1) | Release or detention |
(2) | Release | |
ARREST WITH WARRANT IF PROCEEDINGS COMMENCED BY INFORMATION | ||
49 | (1) | Grounds for issuing an arrest warrant |
(2) | Form of warrant | |
(3) | Endorsement permitting release | |
(4) | Duration of warrant | |
(5) | Warrant executed by police | |
(6) | Release or detention | |
(7) | Promise to appear | |
ARRESTED PERSON TO APPEAR BEFORE A JUSTICE | ||
50 | (1) | Appearance before justice within 24 hours |
(2) | Appearance by telephone or other means | |
(3) | Order for release | |
(4) | Order for release — additional conditions | |
(5) | If person detained for 90 days | |
(6) | Release conditions effective until matter disposed of | |
(7) | Copy to arrested person | |
PART 6 | ||
HEARINGS AND OTHER PROCEEDINGS | ||
51 | When must a hearing be held? | |
PRE-HEARING CONFERENCE | ||
52 | (1) | Pre-hearing conference |
(2) | Request by prosecutor, etc. | |
APPEARANCE OF THE DEFENDANT OR REPRESENTATIVE | ||
53 | (1) | Appearance of the defendant |
(2) | Representative may be excluded | |
(3) | Exception re lawyers, etc. | |
54 | Defendant may be compelled to attend | |
DEFENDANT MAY ADMIT OR DENY THE OFFENCE | ||
55 | (1) | Defendant may admit or deny the offence |
(2) | Conviction if defendant admits the offence | |
(3) | Admitting another offence | |
(4) | Hearing if no admission | |
ATTORNEY GENERAL MAY WITHDRAW OR STAY A CHARGE OR INTERVENE | ||
56 | (1) | Attorney General may withdraw or stay a charge |
(2) | Charge may be recommenced | |
57 | (1) | Attorney General may intervene |
(2) | Powers on an intervention | |
POWERS OF A JUSTICE IN A HEARING OR PROCEEDING | ||
58 | Powers of a justice | |
EVIDENCE GENERALLY | ||
59 | (1) | Prosecutor to conduct case |
(2) | Full answer and defence | |
(3) | Right to examine witnesses | |
(4) | Evidence under oath | |
(5) | Defendant not compellable | |
60 | (1) | Admissible evidence |
(2) | Exception | |
61 | Burden of proving an exception, etc. | |
62 | Business records | |
CERTIFICATE EVIDENCE | ||
63 | (1) | Certificate evidence from enforcement officer |
(2) | No need to prove appointment or signature | |
(3) | Limited right to require officer to attend | |
(4) | Decision as to attendance | |
(5) | Onus | |
(6) | Notice | |
SUBPOENA DIRECTED TO A WITNESS | ||
64 | (1) | Subpoena directed to a witness |
(2) | Service | |
(3) | Person must attend | |
(4) | Person must remain in attendance | |
65 | (1) | Arrest of witness who fails to respond to subpoena |
(2) | Warrant executed by police | |
(3) | Bringing before a justice | |
DECISION OF JUSTICE AFTER HEARING | ||
66 | (1) | Decision of justice after hearing |
(2) | Order endorsed on ticket or information | |
PROCEEDING ON AN INFORMATION IF DEFENDANT ABSENT | ||
67 | (1) | Proceeding on an information if defendant absent |
(2) | Proof of service required | |
(3) | Proving the defendant's identity | |
(4) | No imprisonment when defendant absent | |
PART 7 | ||
SENTENCING | ||
68 | Purpose of sentencing | |
PRE-SENTENCE SUBMISSIONS | ||
69 | Submissions as to penalty | |
70 | Victim impact statement | |
SENTENCE ON A TICKET | ||
71 | (1) | Ticket — penalty on conviction |
(2) | No imprisonment | |
SENTENCE ON AN INFORMATION | ||
72 | Information — penalty on conviction | |
73 | (1) | Payment of court costs and surcharges |
(2) | Reduction or waiver of costs and surcharge | |
74 | (1) | Imprisonment served in community |
(2) | Intermittent imprisonment | |
(3) | Sentences consecutive | |
(4) | Warrant of committal | |
75 | (1) | Conditions may be imposed on defendant |
(2) | Copy to defendant | |
(3) | Application to vary conditions | |
(4) | Copy of order to defendant | |
REPRIMAND | ||
76 | Reprimand | |
FORFEITURE OF UNLAWFUL THINGS | ||
77 | Forfeiture of unlawful things | |
REQUEST FOR TIME TO PAY | ||
78 | Request for time to pay | |
PART 8 | ||
APPEALS | ||
RIGHT TO APPEAL | ||
79 | (1) | Right to appeal — defendant |
(2) | Right to appeal — Attorney General or prosecutor | |
(3) | Limited appeal re tickets | |
(4) | Right of appeal re seized things | |
NOTICE OF APPEAL OR APPLICATION FOR LEAVE | ||
80 | (1) | Notice of appeal or application for leave |
(2) | Reasons | |
81 | Stay | |
DECISION ON APPEAL | ||
82 | Decision on appeal | |
DIRECT APPEAL TO COURT OF APPEAL | ||
83 | (1) | Direct appeal to Court of Appeal |
(2) | Order re the appeal | |
FURTHER APPEAL | ||
84 | Further appeal | |
CUSTODY PENDING APPEAL | ||
85 | Custody pending appeal | |
PART 9 | ||
COLLECTION AND ENFORCEMENT | ||
INTRODUCTORY PROVISIONS | ||
86 | Definitions | |
87 | (1) | Unpaid fine is debt to government |
(2) | If fines payable to municipality | |
(3) | Collection and enforcement by municipality | |
DRIVER'S LICENCE AND VEHICLE REGISTRATION REMEDIES | ||
88 | (1) | Notice of collection action |
(2) | Deadline | |
(3) | Notice | |
89 | (1) | Registrar's powers re driver's licence and vehicle registration |
(2) | MPIC may refuse premiums | |
(3) | Administrative fee | |
(4) | When fine is paid | |
FILING A CERTIFICATE IN THE COURT OF QUEEN'S BENCH | ||
90 | Certificate filed in the Queen's Bench | |
91 | Default on a restitution order | |
LIEN FOR UNPAID FINES | ||
92 | (1) | Lien for unpaid fines |
(2) | Extent of security | |
(3) | Amount of administration fee | |
(4) | When lien takes effect | |
(5) | Priority not lost | |
93 | (1) | Registration of lien in Personal Property Registry |
(2) | Effect of registration | |
(3) | Priority of lien | |
(4) | Authority may postpone, amend, renew or discharge lien | |
94 | (1) | Notice of lien to debtor |
(2) | Notice | |
REQUEST FOR INFORMATION ABOUT DEBTOR | ||
95 | (1) | Request for information about debtor |
(2) | Information to be provided | |
PART 10 | ||
GENERAL PROVISIONS | ||
RECORDED EVIDENCE AND OATHS | ||
96 | Evidence to be recorded | |
97 | (1) | Evidence under oath |
(2) | Oath when information submitted electronically | |
COMMON LAW RULES AND CIVIL REMEDIES | ||
98 | Common law defences apply | |
99 | Ignorance of the law | |
100 | Civil remedies preserved | |
MINIMUM AGE | ||
101 | Minimum age | |
SECONDARY LIABILITY FOR AN OFFENCE | ||
102 | Secondary liability for an offence | |
CONTEMPT | ||
103 | (1) | Contempt |
(2) | Justice to explain the contempt | |
(3) | If justice not a provincial judge | |
(4) | Show cause hearing | |
(5) | If person fails to attend | |
(6) | Barring representative in contempt | |
(7) | Appeal | |
(8) | Enforcement | |
INTERPRETERS | ||
104 | Interpreter | |
VALIDITY OF DOCUMENTS | ||
105 | (1) | Validity of summons, warrant, etc. |
(2) | Adjournment to deal with irregularities | |
NOTICES AND SERVICE OF DOCUMENTS | ||
106 | (1) | How notice is to be given under this Act |
(2) | Notice to corporation | |
(3) | Exception | |
107 | Proof of service | |
COSTS AND SURCHARGES | ||
108 | Court costs on a ticket | |
109 | No justice services surcharge for certain offences | |
110 | How payments are to be applied | |
REGULATIONS | ||
111 | Regulations | |
112 | Regulations by minister | |
APPLICATION OF CRIMINAL CODE | ||
113 | Application of Criminal Code | |
OFFENCES | ||
114 | (1) | Offences |
(2) | Penalties | |
MISCELLANEOUS | ||
115 | Rounding amounts payable down to nearest dollar | |
116 | Order made by a justice under another Act | |
117 | Overviews | |
PART 11 | ||
CONSEQUENTIAL AND RELATED AMENDMENTS | ||
118 to 139 | ||
PART 12 | ||
TRANSITIONAL, REPEAL AND COMING INTO FORCE | ||
TRANSITIONAL | ||
140 | Definition of "former Act" | |
141 | Act applies to existing proceedings | |
142 | (1) | Tickets |
(2) | Informations, summons, warrants or appearance notices | |
143 | (1) | Offence notice under former Act without set fine |
(2) | Offence notice without set fine — default conviction | |
144 | (1) | Default conviction under former Act |
(2) | Default conviction set aside | |
(3) | Application after 30 days | |
REPEAL | ||
145 | Repeal | |
C.C.S.M. REFERENCE | ||
146 | C.C.S.M. reference | |
COMING INTO FORCE | ||
147 | (1) | Coming into force — proclamation |
(2) | Coming into force — subsections 123(3) and (4) |