Français   Site Map OFF
 
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 28, 2014.
It has been in effect since May 01, 2013.

Show previous versions Hide previous versions


 

C.C.S.M. c. S230

The Summary Convictions Act

(Assented to June 26, 1985)

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

Definitions

1           In this Act

"amendment statement" means an amendment to a financing statement; (« déclaration de modification »)

"authority" means

(a) the government of Manitoba,

(b) a municipality, or

(c) a local government district; (« autorité »)

"costs" means the total of the following amounts assessed against a person convicted of an offence:

(a) court costs,

(b) a surcharge under The Victims' Bill of Rights,

(c) a justice services surcharge; (« frais »)

"court costs" means court costs assessed under section 8; (« frais judiciaires »)

"designated municipality" means a municipality designated by regulation under this Act for the purpose of section 16.1; (« municipalité désignée »)

"designated offence" means an offence that has a set fine and is designated by regulation under this Act for the purpose of section 16.1; (« infraction désignée »)

"financing statement" means a financing statement as defined in The Personal Property Security Act; (« déclaration de financement »)

"fine", except in section 21, means a monetary penalty imposed on a person convicted of an offence; (« amende »)

"forfeited recognizance order" means an order requiring a person who has failed to comply with a condition of a recognizance, and all sureties of that person, to pay money to the government; (« ordonnance de confiscation d'engagement »)

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

"justice" means a justice of the peace or a judge of the Provincial Court; (« juge de paix »)

"justice services surcharge" means a surcharge assessed under section 8.1; (« amende supplémentaire relative aux services judiciaires »)

"lien" means a lien described in subsection 23.1(1) on a vehicle; (« privilège »)

"owner", in relation to a motor vehicle or other vehicle, means owner as defined in The Drivers and Vehicles Act; (« propriétaire »)

"Personal Property Registry" means The Personal Property Registry established under The Personal Property Security Act; (« Bureau d'enregistrement des sûretés relatives aux biens personnels »)

"purchase-money security interest"  means a purchase-money security interest as defined in The Personal Property Security Act; (« sûreté en garantie du prix d'achat »)

"regulation" means any regulation, rule or order made in the execution of a power given under an Act of the Legislature but does not include

(a) a by-law of a municipality made in the execution of a power given under an Act of the Legislature,

(b) a rule of court, or

(c) an order of a court made in an action before the court,

(d) an order of a board, commission or committee established under an Act of the Legislature made in a proceeding before the board, commission or committee in the execution of a power given under an Act of the Legislature; (« règlement d'application »)

"restitution order" means an order made against a person found guilty or convicted of a contravention of an Act or regulation of Manitoba requiring that person to pay money to an individual or to a corporation, organization or other entity; (« ordonnance de dédommagement »)

"screening officer" means a person appointed, under subsection 16.1(1) or (2), as a screening officer to review offence notices issued in respect of designated offences; (« agent de contrôle »)

"set fine" means,

(a) in relation to an offence under

(i) a municipal by-law, or

(ii) a provision of an Act that makes it an offence to contravene a municipal by-law,

the amount prescribed by a municipal by-law as the set fine for that offence,

(b) in relation to an offence under The Public Works Act, the amount prescribed by regulation under that Act as the set fine for that offence, and

(c) in relation to any other offence, the amount prescribed by regulation under this Act as the set fine for that offence; (« amende déterminée »)

"vehicle" means a motor vehicle or a vehicle as defined in The Highway Traffic Act; (« véhicule »)

"victim" means an individual, corporation, organization or other entity to whom an amount was to be paid under a restitution order, and

(a) where the victim is an individual who is deceased, means his or her estate, and

(b) where the victim is an individual who is a minor or is incapable of handling his or her affairs, means the person — other than the person against whom the restitution order was made — who is the victim's parent, guardian, committee or substitute decision maker. (« victime »)

S.M. 1993, c. 2, s. 47; S.M. 2001, c. 32, s. 13; S.M. 2002, c. 1, s. 12; S.M. 2003, c. 4, s. 114; S.M. 2005, c. 8, s. 11; S.M. 2005, c. 33, s. 12; S.M. 2005, c. 37, Sch. A, s. 161.

Application of Act

2           Subject to any special provision otherwise enacted with respect to such offence, act, or matter, this Act applies

(a) to every case in which any person commits, or is suspected of having committed, any offence or act over which the Legislature has legislative authority, and for which that person is liable, on summary conviction, to imprisonment, fine, penalty, or other punishment; and

(b) to every case in which a complaint is made to a justice in relation to any matter over which the Legislature has legislative authority and with respect to which the justice has authority by law to make an order for the payment of money or otherwise.

Application of provisions of the Criminal Code

3(1)        Except where specifically provided, Parts XXII and XXVII, and sections 20, 21, 22, 484, 487, 488, 490, 496, 501, 505, 506, 508 and 527 in so far as it relates to a witness, 718.3, except subsection (3) thereof, 719, 721, 722, 730, 731, 732, 732.1, 732.2, 733, 733.1, 734.8, 743.3, 776, 777, 778 and 783 of the Criminal Code (Canada) as amended from time to time heretofore or hereafter apply with all necessary changes, to all cases to which this Act applies as if those provisions were enacted in and formed part of this Act.

Exception

3(2)        Notwithstanding subsection (1), sections 540 and 840 of the Criminal Code (Canada) do not apply to any cases to which this Act applies.

S.M. 2008, c. 42, s. 86; S.M. 2010, c. 33, s. 66.

GENERAL OFFENCES

Offence and penalty

4           Any person who contravenes, violates, disobeys, or refuses, omits, neglects, or fails to comply with,

(a) any provision of any Act of the Legislature; or

(b) any provision of any regulation;

is guilty of an offence, and unless another penalty therefor is provided by or under an Act of the Legislature, is liable, on summary conviction, to a fine not exceeding $5,000. or to imprisonment for a term not exceeding three months, or to both such a fine and such an imprisonment.

S.M. 2005, c. 33, s. 13.

Non-application to bicycle helmet offences

4.1         Section 4 does not apply to a contravention of subsection 145.0.1(1), (2) or (3) of The Highway Traffic Act.

S.M. 2012, c. 39, s. 6.

5           [Repealed]

S.M. 1997, c. 57, s. 2.

FINES — PENALTIES — COSTS

Enforcement of penalties

6(1)        Where a fine or imprisonment or both, are prescribed for a contravention of any Act of the Legislature, or of any by-law of a municipality, or of any regulation, the fine or costs or imprisonment, or both, may be recovered or enforced, or recovered and enforced on summary conviction before a justice.

Imprisonment on default in paying fine

6(2)        Subject to subsection (4), where an Act of the Legislature provides that a fine may be imposed on a person convicted of an offence but does not provide that imprisonment may be imposed in default of payment of the fine or costs, a court or justice convicting a person of the offence may order that in default of payment of the fine or costs the person convicted shall be imprisoned for a period of not more than 6 months.

Where no imprisonment imposed for default in paying fine or costs

6(3)        Subject to subsection (4), where a court or justice imposes a fine or costs on a person convicted of an offence but does not impose a term of imprisonment in default of payment of the fine or costs and the person defaults in payment of the fine or costs or a part thereof, the person shall be imprisoned where there is default in payment of the fine or costs, for a term equal to the total of

(a) five days; and

(b) one day for every $10. of the fine or costs that is not paid.

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 or costs relating to

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

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

(c) an offence under The Drivers and Vehicles Act or a regulation made under that Act; or

(d) an offence under subsection 259.1(3) (failing to attend school) of The Public Schools Act.

S.M. 1993, c. 47, s. 2; S.M. 2003, c. 4, s. 115; S.M. 2005, c. 37, Sch. A, s. 161; S.M. 2011, c. 3, s. 25.

Reduction of penalties

7(1)        Notwithstanding any provision of this or any other Act of the Legislature respecting penalties, if a justice is satisfied from the evidence at a trial, or from information received after a plea of guilty, that an offence with which an accused is charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the justice may

(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;

(b) reprimand the accused;

(c) suspend the sentence;

(d) grant a conditional or absolute discharge.

Reasons to be noted

7(2)        Where a disposition is made under subsection (1), and the proceedings are not recorded by a person authorized to record or transcribe evidence and proceedings in writing or by a device authorized under section 27 of The Manitoba Evidence Act, the justice shall record the reasons for the disposition on the information or offence notice, or on a page that shall then be attached to the information or offence notice, and signed by the justice.

S.M. 1989-90, c. 31, s. 2.

Collection of court costs

8(1)        Where court costs are assessed against a person convicted of an offence under any Act of the Legislature or any by-law of a municipality or regulation, the court costs may be recovered in the same manner and with the same procedures as a fine imposed upon a person.

Usual court costs

8(2)        Where a justice imposes a fine upon a person convicted of an offence under an Act of the Legislature or any by-law of a municipality or a regulation, unless the justice otherwise orders or it is provided otherwise in an Act of the Legislature, court costs equal to 30% of the fine imposed shall be conclusively deemed to have been assessed against the person and shall be collected with the fine.

Court costs prescribed by regulation

8(3)        Court costs prescribed by the regulations for the purposes of subsection 13(3) in respect of any offence shall not exceed 45% of the fine prescribed by the regulations for the purposes of that subsection in respect of that offence.

8(4)        [Repealed] S.M. 2003, c. 4, s. 116.

S.M. 1997, c. 21, s. 2; S.M. 2003, c. 4, s. 116; S.M. 2009, c. 26, s. 61.

Justice services surcharge

8.1(1)      A person who pleads guilty to or is found guilty of an offence under an Act of the Legislature, a by-law of a municipality, or a regulation, — other than an offence referred to in subsection 16(2) (parking offences) or an offence exempted by regulation — shall pay a justice services surcharge in addition to any other penalty imposed.

Amount of surcharge

8.1(2)      The amount of the justice services surcharge is the amount provided for in the regulations.

Justice may reduce or waive surcharge

8.1(3)      Despite subsections (1) and (2), a justice may reduce or waive the justice services surcharge, having regard to the person's circumstances, including the degree of financial hardship the surcharge would impose on him or her.

Collection of surcharge

8.1(4)      The justice services surcharge may be recovered in the same manner and with the same procedures as a fine imposed upon a person.

S.M. 2003, c. 4, s. 117.

Application of payment

8.2         If a fine, or costs, or both, are imposed or assessed against a person, any money paid must be applied in the following order:

(a) first, to pay any court costs;

(b) second, to pay any surcharge under The Victims' Bill of Rights;

(c) third, to pay any justice services surcharge;

(d) last, to pay any fine.

S.M. 2003, c. 4, s. 117.

SERVICE

Substitutional service authorized

9(1)        Where, in any action or proceedings to which this Act applies,

(a) if the person

(i) upon whom, under any Act of the Legislature, a summons is required or authorized to be served, or

(ii) to whom such a summons is directed,

cannot conveniently be found so as to effect personal service upon him after all reasonable efforts to that effect have been made; or

(b) if the court in which, or the justice before whom, the action is, or the proceedings are, pending, is satisfied that prompt personal service of a summons cannot be effected within a reasonable time;

the court, or justice may order that substitutional service of the summons be made in such manner as is stated in the order.

Saving

9(2)        Nothing in this section prevents or affects the service of a summons in any manner authorized or required under any other Act of the Legislature.

Meaning of "summons"

9(3)        In this section the expression "summons" includes any notice, writ, order, requisition, or other paper or document required or authorized to be served.

CORPORATIONS AS OFFENDERS

Recovery of penalties from corporation by distress

10(1)       Where a corporation is convicted of an offence against or under any Act of the Legislature, a by-law of a municipality or a regulation and the conviction adjudges a fine, costs or compensation to be paid by the corporation, or an order under any Act of Legislature requires the payment of a sum of money by a corporation, the court, or justice, by its or his conviction or order, after adjudging payment of the fine, costs, compensation, or other sum of money, may order and adjudge that, in default of payment of the fine, costs, compensation, or other sum of money forthwith or within a limited time, the fine, costs, compensation, or other sum of money, shall be levied by distress and sale of the goods and chattels of the corporation.

Enforcing judgment against corporation

10(2)       In any case to which subsection (1) applies, in addition to the other remedies provided under any Act of the Legislature, a copy of the conviction or order certified by any justice, or by the officer in whose custody it is by law required to be kept, may be filed in Her Majesty's Court of Queen's Bench for Manitoba; and the conviction or order shall thereupon become a judgment of that court and all proceedings may thereupon be taken and had as on any other judgment of that court.

Cancellation of licence, etc., of corporation

10(3)       In the case of the conviction of, or an order against, a corporation that, by law of Manitoba, is required to obtain a licence or other authority to carry on its business in Manitoba and has obtained that licence or authority, if the fine, costs, compensation, or other sum of money is not paid according to the terms of the conviction or order, the Lieutenant Governor in Council may cancel and revoke the licence or authority so issued to the corporation, after at least 10 days notice in The Manitoba Gazette of an intention so to do and after the Minister of Justice has heard any of the parties appearing or counsel on their behalf.

Saving

10(4)       Nothing in subsections (1), (2), and (3), affects, limits, or restricts any proceedings that otherwise may be taken or had for the infliction of punishment by penalty or imprisonment, or the methods of enforcement or recovery of fines, costs or penalties.

S.M. 1993, c. 48, s. 101; S.M. 2003, c. 4, s. 118.

PAYMENT OF FINES

Effect of part payment of fine, etc.

11          Where a conviction or order of a judge or justice adjudges that a fine, penalty, or costs, be paid, the conviction or order is not void, nor is the right to collect any fine or costs or to enforce any penalty under any such conviction or order impaired because of time having been allowed for the payment of the sum, or any part thereof, or because of payment having been received of part of the sum adjudged to be paid, or because of the judge or justice having accepted security for the payment thereof, or any part thereof.

Additional time for payment

12          If a person who is ordered to pay a fine or costs in proceedings to which this Act applies asks the justice for time to make payment, the justice must allow the person at least 14 days to pay the amount ordered.

S.M. 2003, c. 4, s. 120.

Certificate of default

12.1(1)     If a person has failed to comply with the payment provisions of a forfeited recognizance order or an order imposing a fine or costs, or both, the clerk of the court, or an authority that was entitled to payment under the order, may complete a certificate as to the making of the order and the amount remaining unpaid and file the certificate in the Court of Queen's Bench. Once filed, the certificate is deemed to be a judgment of that court for the purpose of enforcement.

Restitution default

12.1(2)     If a person has failed to comply with the payment provisions of a restitution order, a victim to whom the order required payment to be made may, by filing the order in the Court of Queen's Bench, enter the order as a judgment of that court. The order is enforceable in the same manner as if it were a judgment of the court in civil proceedings.

Certificate of default: designated offence

12.1(3)     If a person fails to pay the fine and costs payable in respect of a designated offence, a screening officer for that offence may complete a certificate as to the amount remaining unpaid and file the certificate in the Court of Queen's Bench.  Once filed, the certificate is deemed to be a judgment of that court for the purpose of enforcement.

S.M. 1993, c. 47, s. 3; S.M. 2001, c. 32, s. 14; S.M. 2003, c. 4, s. 121; S.M. 2005, c. 33, s. 14.

OFFENCE NOTICE PROCEDURES

Prosecution commenced by offence notice

13(1)       Despite subsection 3(1) of this Act and any provision of the Criminal Code (Canada), a peace officer who believes that a person has committed an offence under an Act of the Legislature, or under a by-law of a municipality or a regulation, may commence a prosecution for the offence by completing and delivering to the person alleged to have committed the offence the summons part of an offence notice without prior thereto, or thereafter, swearing to an information charging the person with the offence.  This is subject to subsection (1.1).

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.

Form of general offence notice

13(2)       An offence notice for commencing a prosecution mentioned in subsection (1) shall be in the form and contain the information prescribed in the regulations and shall consist of at least 2 parts

(a) one of which shall be an information alleging the offence; and

(b) one of which shall be a summons for court appearance directed to the person alleged to have committed the offence.

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.

Offence notice: non-designated offence with set fine

13(3)       For an offence that is not a designated offence but has a set fine, the offence notice must state

(a) the total of the set fine and costs payable in respect of the offence;

(b) that the offence notice or the summons part of it, together with payment of the fine and costs, may be forwarded to the appropriate court office in the manner and within the time stated in the notice; and

(c) the address of the appropriate court office.

Offence notice: designated offence

13(3.1)     An offence notice for a designated offence must state

(a) the total of the set fine and costs payable in respect of the offence;

(b) that the offence notice or the summons part of it, together with payment of the fine and costs, may be forwarded to the appropriate government or municipal office in the manner and within the time stated in the notice; and

(c) the name and address of the appropriate government or municipal office.

Guilty plea deemed

13(4)       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, government or municipal office, he or she shall be deemed to have entered a plea of guilty to the offence and a conviction shall be entered against the person without the intervention of a justice.

Procedure regarding bicycle helmet offences

13(5)       When a person is alleged to have contravened subsection 145.0.1(1), (2) or (3) of The Highway Traffic Act, a proceeding under this Act is subject to the requirements of subsection 145.0.1(7) of that Act and any regulations made under that Act for the purpose of that subsection.

S.M. 2002, c. 1, s. 13; S.M. 2005, c. 33, s. 15; S.M. 2012, c. 39, s. 7.

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.

Explanation may constitute defence

14(2)       Subject to subsections (3) and (4), where a justice receives a written explanation in accordance with subsection (1) disputing the charge, he shall, ex parte, enter a plea of not guilty on behalf of the accused and if the justice is satisfied after considering the explanation that the accused is not guilty of the offence charged he may acquit the accused.

Default conviction where explanation not a defence

14(3)       Where a justice receives a written explanation in accordance with subsection (1) and after considering the explanation he is satisfiedthat the explanation does not constitute a valid defence to the offence charged, he shall send to the accused by mail a written notice that he is satisfied that the explanation does not constitute a valid defence and that unless the accused, within 15 days after the date on which the notice is mailed, further disputes the charge by delivering or mailing to the justice at the location specified in the notice a written explanation setting out with reasonable particulars further or other grounds for the dispute, a default conviction will be entered against the accused and, if no further explanation is received within that period, a justice may enter a default conviction against and impose a fine and costs upon the accused in accordance with subsection 17(2).

Lesser penalty under mitigating circumstances

14(4)       Where a justice receives a written explanation in accordance with subsection (1) or (3) and he is satisfied that the explanation discloses mitigating circumstances, he may find the accused guilty of the offence charged and impose such lesser penalty upon the accused as may be permitted by law; but if the justice is satisfied that the explanation raises an issue that may constitute a defence he shall fix a date, time and place for the hearing of the charge.

Notification of hearing

14(5)       Where a justice fixes a date, time and place for the hearing of a charge under subsection (4), he shall give to the accused at least 15 days written notice thereof either by personal service or by mail.

S.M. 2002, c. 1, s. 14; S.M. 2003, c. 4, s. 123.

Effect of use of words, etc., on notice

15          The use in an offence notice of any word, expression, or abbreviation authorized by the regulations for use on an offence notice to designate an offence under an Act of the Legislature or a regulation or by-law made or passed under the authority of an Act of the Legislature, is sufficient for all purposes to describe that offence in an offence notice.

Summons procedure generally

16(1)       A peace officer commencing a prosecution by means of an offence notice shall, subject to subsections (2) and (2.1),

(a) indicate on the offence notice

(i) the name of the person alleged to have committed the offence,

(ii) if known, the address of that person,

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

(iv) if the offence was committed in connection with a motor vehicle, the number of the instruction permit, driver's licence, chauffeur's licence or motorcycle operator's licence of the person if he holds such a licence or permit, and

(v) if the offence is with respect to parking a vehicle, leaving a vehicle unattended or abandoning a vehicle, the numbers and letters shown on the vehicle number plate;

(b) indicate the offence charged on the offence notice

(i) by placing a mark in the appropriate space on the offence notice to indicate that offence, or

(ii) by writing a brief description of the offence in the space provided;

(c) sign the offence notice; and

(d) deliver the summons part of the offence notice so completed to the person alleged to have committed the offence;

and delivery of the summons part of the offence notice under clause (d) shall be conclusively deemed to be a personal service of a summons.

Delivery in case of parking offences, etc.

16(2)       Where the offence alleged to have been committed and indicated in an offence notice is an offence with respect to parking a vehicle, leaving a vehicle unattended, or abandoning a vehicle, and the person who parked, left or abandoned the vehicle is not known to the peace officer completing the offence notice, the peace officer is not required

(a) to indicate on the offence notice the particulars mentioned in sub-clauses (1)(a)(i), (ii) and (iv); or

(b) to deliver the summons part of the offence notice to the person alleged to have committed the offence as required under clause (1)(d);

but he shall leave the summons part of the offence notice in, or affixed to, the vehicle, and the leaving of the summons part of the offence notice shall be conclusively deemed to be personal service of a summons on the person registered as the owner of the vehicle under The Drivers and Vehicles Act.

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.

Effect of service on employee of owner of vehicle

16(3)       Where an offence alleged to have been committed and indicated in an offence notice is an offence by the owner of a vehicle and not by the driver or the person having control of the vehicle, if the driver or person having control of the vehicle is an employee of the owner of the vehicle, delivery of the summons part of the offence notice to the driver or person having control of the vehicle shall be conclusively deemed to be personal service of the summons on the owner of the vehicle.

Failure to answer summons

16(4)       Where a person who has been served with a summons as provided in subsection (1) or (3) fails to comply with the directions set out in the summons, a justice may, upon disclosure to him of the circumstances, and without further notice to the person, issue a warrant to compel the attendance of the person named in the summons.

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.

Insertion of owner's name and address in parking offence

16(6)       Where an offence notice is issued as described in subsection (2), the peace officer issuing the offence notice shall, before filing the information part thereof with a justice as required under subsection (5), ascertain and write on the information part in the appropriate place the name and address of the owner of the vehicle involved in the offence described in the offence notice.

Effect of technical defects

16(7)       Failure to set forth in an offence notice any particulars respecting the age, birth date, number of driver's licence, chauffeur's licence, instruction permit, or motorcycle operator's licence, or the occupation, of the person alleged to have committed the offence, or similar particulars for which provision is made in the form of the offence notice, does not invalidate the offence notice or any part thereof.

S.M. 1996, c. 64, s. 17; S.M. 1997, c. 57, s. 2; S.M. 2002, c. 1, s. 15; S.M. 2005, c. 37, Sch. A, s. 161.

Appointment of screening officer: municipality

16.1(1)     A designated municipality may appoint a person as screening officer to review offence notices issued for designated offences under its by-laws and deal with them in accordance with this section and the regulations under this Act.

Appointment of screening officer: minister

16.1(2)     The minister responsible for the administration of The Public Works Act may appoint a person as screening officer to review offence notices issued for designated offences under that Act and deal with them in accordance with this section and the regulations under this Act.

Response to offence notice for designated offence

16.1(3)     Despite any other provision of this Act or the regulations under this Act, a person on whom an offence notice for a designated offence, or the summons part of it, has been served must

(a) pay the set fine and costs as stated in the notice or summons; or

(b) make a request to the government or municipal office as stated in the notice or summons, for a screening officer to review the notice or summons;

within the time set out in the notice.

Review by screening officer

16.1(4)     After reviewing an offence notice for a designated offence and hearing from the person on whom it, or the summons part of it, was served, a screening officer must

(a) cancel the notice if, in the screening officer's opinion,

(i) the alleged designated offence did not occur,

(ii) the notice does not comply with subsection 16(1),

(iii) the notice or the summons part of it was not delivered as required by subsection 16(1) or (2),

(iv) the information part of the notice is not complete and regular on its face,

(v) the offence is one for which a vehicle owner is liable and the person named in the information part of the notice is not the vehicle owner, or

(vi) a ground for cancellation that applies to the designated offence and is prescribed by a regulation under this Act or by a municipal by-law has been satisfied;

(b) confirm the notice and, if the person wishes to dispute the charge,

(i) serve the person with a trial notice, and

(ii) file the offence notice with a justice in the court office specified in the trial notice; or

(c) if authorized by a regulation under this Act or by a municipal by-law, enter into a compliance agreement with the person that meets the requirements prescribed by regulation under this Act.

Effect of compliance agreement — guilty plea

16.1(5)     A person who enters into a compliance agreement with a screening officer in respect of a designated offence is deemed to have entered a plea of guilty to the offence.

Effect of complying with agreement

16.1(6)     When the person has complied with the agreement to the screening officer's satisfaction,

(a) the person's liability for the fine and costs otherwise payable in respect of the offence is extinguished; and

(b) the screening officer must issue a notice of compliance to the person and keep a copy of that notice, together with a copy of the offence notice or the summons part of it.

Effect of failure to comply with agreement

16.1(7)     If a person who has entered into a compliance agreement with a screening officer has failed, in the screening officer's opinion, to comply with the agreement, the screening officer may

(a) enter into a revised compliance agreement with the person; or

(b) cancel the agreement and enter a default conviction against the person.

Entering default conviction

16.1(8)     If the person who has been served with an offence notice for a designated offence, or the summons part of it, fails to comply with subsection (3), a screening officer for that offence may enter a default conviction against the person.  However, the default conviction must be set aside if the person appears before a screening officer for that offence within 30 days after being served with notice of the default conviction.

Notice of default conviction

16.1(9)     When a default conviction is entered against a person under subsection (7) or (8), the municipality indicated on the offence notice or the government, as the case may be, must mail to the person by regular prepaid mail, a written notice stating

(a) that a default conviction has been entered against the person; and

(b) the total of the set fine and costs payable by the person, and any additional penalty payable under section 17.1, and the time within which they must be paid.

Deemed service

16.1(10)     A default conviction notice that is sent to a person under this section by regular prepaid mail to the address set out in the offence notice shall be conclusively deemed to have been personally served on the person seven days after it was mailed.

Debt to municipality or government

16.1(11)    The total amount payable by a person as stated in the notice under subsection (9) is a debt owing by the person to

(a) the municipality, in the case of a designated offence under one of its by-laws; or

(b) the government, in the case of a designated offence under The Public Works Act.

The debt is payable within the time specified in the notice, unless the municipality or the government, as the case may be, extends the time for payment.

S.M. 2005, c. 33, s. 16.

Offender may plead guilty to offence

17(1)       When a person is served with an offence notice or the summons part of one, he or she may, within 15 days or such further period as is specified in the offence notice after the date of service thereof appear before a justice, plead guilty to the offence and outline any extenuating circumstances that he or she believes exist and the justice may take those circumstances into consideration, and in his or her discretion, impose the set fine or impose such lesser penalty as is permitted by law.

Method of appearance

17(1.1)     An appearance under subsection (1) may be made in person or by closed-circuit television or any other means that allow the justice and the person to engage in simultaneous visual and oral communication.

Default conviction: with set fine

17(2)       Where a person is served with the summons part of an offence notice and does not

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

(b) appear before a justice pursuant to subsection (1); or

(c) enter a not guilty plea within 15 days or such further period as is specified in the offence notice and arrange for a trial date for hearing of the matter;

the person shall be deemed to have committed the offence and is liable to pay the fine and costs as set out in the offence notice, and a default conviction shall be entered against the person automatically and without the intervention of a justice.

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 and costs set out in the offence notice shall be imposed on the owner automatically and without the intervention of a justice.

Notice of default conviction

17(2.2)     When a default conviction is entered against a person under subsection (2) or (2.1), the court must send to the person, by regular prepaid mail at the address set out in the offence notice, a notice stating

(a) that a default conviction has been entered against the person; and

(b) the fine and costs, and any additional penalty under section 17.1, that are payable by the person.

Default conviction: no set fine

17(3)       Where the summons part of the offence notice served on a person does not set out the amount of fine and the person has not within 15 days or such further period as is specified in the notice after the date of service of the summons part,

(a) appeared before a justice under subsection (1); or

(b) entered a not guilty plea and arranged for a trial date for the hearing of the matter;

a justice may, ex parte, enter a default conviction, impose a fine and costs and, except as provided in subsection (11), may, in default of payment of the fine and costs by the person, impose a term of imprisonment.

Notice by court to convicted person

17(4)       Where under subsection (2) or (3) a default conviction is entered against a person, the court, except as provided in subsection (11), shall cause to be sent to the convicted person by mail a written notice stating that if the convicted person fails to pay the fine and costs imposed upon him, and the penalty payable under subsection 17.1(1), on or before a specified date, a warrant may issue for the arrest and detention of the convicted person.

Time restriction on issue of warrant

17(5)       A warrant for the arrest of a convicted person for failure to pay a fine and costs imposed under subsection (2) or (3) and a penalty payable under subsection 17.1(1) shall not be issued until at least 45 days after the date on which the notice under subsection (4) has been mailed to the convicted person.

Filing request for hearing de novo

17(6)       Where under subsection (2), (2.1) or (3) a default conviction is entered against a person and he receives a notice under subsection (2.2) or (4), he may, not later than the date specified in the notice for payment of the fine, costs and penalty, request a hearing de novo before a justice by filing the request with a justice at the location specified in the notice setting out the reasons for his failure to attend before a justice as required under subsection (1).

Hearing de novo

17(7)       Where a person against whom a default conviction is entered under subsection (2), (2.1) or (3) files a request for a hearing de novo, the justice receiving the request shall

(a) fix a date for the hearing de novo; and

(b) give at least 15 days notice in writing to the convicted person, either by personal service or by mail to the address indicated by the convicted person, of the date, time and place of the hearing de novo.

Restriction on default judgment

17(8)       A justice shall not enter a default conviction under subsection (3) against a person unless satisfied

(a) that the information part of the offence notice is complete and regular on its face; and

(b) where the person named in the information part of the offence notice is liable as the owner of a vehicle, that the person is the owner of the vehicle.

Where offence notice is not complete and regular

17(9)       A justice shall quash the proceedings under an offence notice if he is not satisfied

(a) that the information part of the offence notice is complete and regular on its face; or

(b) where the person named in the information part of the offence notice is liable as the owner of a vehicle, that the person is the owner of the vehicle.

Default conviction on ordinary summons

17(10)      Where a person is served, as provided under this Act or any other Act of the Legislature, with a summons alleging an offence under any Act of the Legislature or any regulation or by-law of a municipality made under an Act of the Legislature, and does not appear as required in the summons, a justice may, ex parte, enter a default conviction against the person to whom the summons is directed and impose a fine and costs authorized by law and any other penalty authorized by law and, except as provided in subsection (11), may, in default of payment of the fine and costs, impose a term of imprisonment.

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 or costs relating to

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

(b) an offence under The Highway Traffic Act, The Drivers and Vehicles Act or a regulation made under either of those Acts.

No application to designated offences

17(12)      Subsections (1) to (10) do not apply to a designated offence.

S.M. 1993, c. 47, s. 4; S.M. 2000, c. 37, s. 2; S.M. 2002, c. 1, s. 16; S.M. 2003, c. 4, s. 124; S.M. 2004, c. 42, s. 52; S.M. 2005, c. 33, s. 17; S.M. 2005, c. 37, Sch. A, s. 161; S.M. 2008, c. 42, s. 86.

Penalty on default conviction

17.1(1)     Where under section 16.1 or 17 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.

S.M. 2000, c. 37, s. 3; S.M. 2002, c. 1, s. 17; S.M. 2005, c. 33, s. 18.

Notices to state right of person to hearing de novo

18          The notices referred to in subsections 17(2.2) and (4) and 20(2) shall advise the person of his right to request a hearing de novo in accordance with the procedure set out in subsection 17(6).

S.M. 2005, c. 33, s. 19.

POWERS OF REGISTRAR RE UNPAID FINES

Definitions

19          In sections 19.1, 19.2 and 19.3,

"driver's licence" means driver's licence as defined in The Drivers and Vehicles Act; (« permis de conduire »)

"registrar" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act. (« registraire »)

S.M. 1991-92, c. 18, s. 2; S.M. 1999, c. 43, s. 3; S.M. 2005, c. 37, Sch. A, s. 161.

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 and costs imposed in respect of the offence and any additional penalty payable under section 17.1, the registrar may, subject to subsections (2) and (3), do one or more of the following:

(a) refuse to issue or renew the person's driver's licence;

(b) refuse to issue a vehicle registration or permit to the person;

(c) refuse to renew the person's registration of any vehicle;

(d) refuse to accept payment from the person of any charge payable in relation to the person's driver's licence, permit or vehicle registration, even though the refusal may lead to its suspension.

19.1(1.1)   [Repealed] S.M. 2005, c. 33, s. 20.

Refusing to accept premiums when fine is unpaid

19.1(1.2)   When the registrar exercises his or her power under clause (1)(d), The Manitoba Public Insurance Corporation may, in conjunction with the registrar, refuse to accept payment of the premium for insurance in relation to the respondent's driver's licence or vehicle registration, even though the refusal may lead to the cancellation of the insurance.  Subsections (2) to (6) and section 19.3 apply, with necessary modifications, to The Manitoba Public Insurance Corporation if it exercises its power under this subsection.

Content of notice

19.1(2)     Notice shall be served upon the convicted person stating that the registrar may exercise a power under subsection (1) if the person does not pay the fine, costs, and any penalty payable under subsection 17.1(1) on or before a date specified in the notice.

Service of notice

19.1(3)     The notice must be served on the person personally or by regular mail at least 30 days before the date specified in the notice.

Exercise of registrar's powers

19.1(4)     Where the person does not pay the fine, costs and any penalty payable under subsection 17.1(1) on or before the date specified in the notice, the registrar may, without further notice to the person, and subject to subsection (6), exercise a power under subsection (1) until the fine, costs, any penalty payable under subsection 17.1(1) and the administrative fee under section 19.4 are paid.

Request for hearing de novo

19.1(5)     Where under section 17 a default conviction is entered against a person and he or she is served with a notice under this section, the person may, not later than the date specified in the notice, request a hearing de novo, in which case subsections 17(6) and (7) apply, with necessary modifications.

Action stayed upon request for hearing de novo

19.1(6)     Where the registrar is notified that a hearing de novo has been granted to a person in respect of a default conviction, the registrar shall not take any action under subsection (1) in respect of an unpaid fine or costs, or an unpaid penalty payable under subsection 17.1(1), as a result of that conviction until the registrar receives notice that

(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 the hearing de novo.

S.M. 1991-92, c. 18, s. 3; S.M. 1999, c. 43, s. 3; S.M. 2000, c. 37, s. 4; S.M. 2002, c. 1, s. 18; S.M. 2003, c. 4, s. 126; S.M. 2005, c. 33, s. 20; S.M. 2005, c. 37, Sch. A, s. 161; S.M. 2008, c. 36, s. 35 and 36.

Definition

19.2(1)     In this section, "reciprocating jurisdiction" means another province or a territory of Canada, a state or territory of the United States, and the District of Columbia in the United States.

Registrar's powers re unpaid fines in reciprocating jurisdictions

19.2(2)     Where under the law of a reciprocating jurisdiction a person has been convicted of an offence similar to an offence under an Act of the Legislature or a regulation and is in default of payment of a fine imposed as a result of the conviction, the registrar may, subject to the notice requirements in subsections 19.1(2) and (3), refuse to issue or renew the person's driver's licence.

S.M. 1999, c. 43, s. 3; S.M. 2005, c. 37, Sch. A, s. 161.

Issuance or renewal of licences in certain cases

19.3        Where the registrar has exercised a power under subsection 19.1(1) or 19.2(2), he or she may issue, renew or accept payment in respect of the person's driver's licence, or vehicle registration card or permit,

(a) after receiving notice that the fine, costs, any penalty payable under subsection 17.1(1) and the administrative fee under section 19.4 are paid; or

(b) as the circumstances require and the registrar considers appropriate.

S.M. 1999, c. 43, s. 3; S.M. 2002, c. 1, s. 19; S.M. 2003, c. 4, s. 127; S.M. 2005, c. 33, s. 21; S.M. 2005, c. 37, Sch. A, s. 161; S.M. 2008, c. 36, s. 35.

Administrative fee

19.4        If the registrar has exercised a power under subsection 19.1(1) or 19.2(2) with respect to a person, that person shall pay an administrative fee in an amount prescribed by regulation in addition to the fine, costs and any penalty payable under subsection 17.1(1).

S.M. 2003, c. 4, s. 128; S.M. 2005, c. 33, s. 21.

PARKING VIOLATIONS

Liability of owner for parking offence

20(1)       Where the summons part of an offence notice is left by a peace officer in accordance with subsection 16(2) and no person has

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

(b) entered a plea of not guilty within the 15 days specified in the summons; 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 and costs as 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

20(2)       Where a default conviction is entered against, and a fine and costs imposed upon, an owner under subsection (1),

(a) the court; or

(b) where a municipality is the beneficiary of the fine, the municipality; or

(c) where the conviction is for a parking offence under The Public Works Act or any regulation made thereunder, a person or persons designated by the minister charged with the administration of that Act and the regulation;

shall by mail send to the owner a notice in writing stating that a default conviction has been entered against and the fine and costs imposed upon the owner.

Request for hearing de novo

20(3)       Upon receipt of a notice sent under subsection (2), the owner may, within 15 days of the mailing of the notice, request a hearing de novo in accordance with the procedure set out in subsection 17(6) and thereupon subsection 17(7) applies.

20(4)       [Not yet proclaimed]

20(5)       [Repealed] S.M. 1993, c. 47, s. 5.

No application to designated offences

20(6)       This section does not apply to a designated offence.

S.M. 1991-92, c. 18, s. 4; S.M. 1992, c. 58, s. 34; S.M. 1993, c. 47, s. 5; S.M. 2003, c. 4, s. 129; S.M. 2005, c. 33, s. 22.

NEW HEARING

Exceptional circumstances

20.1(1)     After the time for requesting a new hearing under subsection 17(7) or 20(3) expires, a justice who is satisfied on application that exceptional circumstances exist may, at any time, order a new hearing under that subsection.

Reasons to be recorded

20.1(2)     A justice who makes an order under subsection (1) shall record the reasons for making it on a page that shall be signed by the justice and attached to the information or offence notice.

S.M. 1989-90, c. 31, s. 3; S.M. 2005, c. 33, s. 23.

FINE OPTION

Election of work option

21(1)       Subject to subsection (1.1), where a fine is imposed upon a convicted person, that person may elect to carry out unpaid community work in accordance with a fine option program established under the regulations, in which case, as long as the convicted person continues to comply with and to observe the terms and conditions of the fine option program, no action shall be taken to execute any warrant of committal of the person for failure to pay the fine.

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

(i) under The Highway Traffic Act, other than an offence under section 145.0.1 of that Act,

(ii) under The Drivers and Vehicles Act, or

(iii) under a regulation made under either of those Acts.

Failure to observe program

21(2)       Where a convicted person elects under subsection (1) to carry out unpaid community work and later fails, refuses or neglects to comply with or to observe the terms and conditions of the fine option program, a justice may issue a warrant of committal of the person.

Revocation of warrant on conditions

21(3)       A person on whom a warrant of committal is executed for failure to pay a fine or any part of a fine may make application to a justice to have the warrant of committal revoked on condition that the person register in the fine option program, and where a justice determines that the person

(a) has a reasonable excuse for failing to pay the fine; and

(b) has not been registered in the fine option program in respect of the fine;

the justice may revoke the warrant of committal on condition that the person pay the fine or register in the fine option program within a specified time.

Issuance of further warrant of committal

21(4)       Where a warrant of committal is revoked under subsection (3), and the person in respect of whom it is revoked fails to pay the fine, to register in the fine option program within the time specified by the justice under subsection (3), or to comply with any terms or conditions of the fine option program, a warrant of committal may be issued for the person.

Election before conviction

21(5)       Where a person charged with an offence makes an election under subsection (1) before being convicted of the offence, he shall be deemed to have plead guilty to the offence charged and to have been fined either

(a) the amount of the fine set out in the offence notice issued in respect of the offence; or

(b) if no amount of the fine was set out in the offence notice, or if the proceedings were not commenced by the issuing of an offence notice, the maximum fine allowed by law.

Definition: "fine"

21(6)       In this section, "fine" means a monetary penalty imposed on a person convicted of an offence and includes any court costs assessed against the convicted person.

S.M. 1991-92, c. 18, s. 5; S.M. 1993, c. 47, s. 6; S.M. 2003, c. 4, s. 130; S.M. 2005, c. 37, Sch. A, s. 161; S.M. 2012, c. 39, s. 8.

IMPRISONMENT

Prison terms to run consecutively

22          Where a person is convicted for more than one offence and a prison term is imposed with respect to each of the offences in default of the payment of a fine or costs, the prison terms shall run consecutively unless the court or justice otherwise orders.

S.M. 2003, c. 4, s. 131.

Place of imprisonment

23(1)       Where under any Act of the Legislature or by-law of a municipality, regulation, or order of a court, a person is directed to be imprisoned or committed to prison, the imprisonment or committal shall, if no other place is mentioned in the warrant of commitment or provided by law, be in or to the correctional institution in the locality in which the order for the imprisonment is made, or if there is no correctional institution there, then in or to a convenient correctional institution.

Keeper of correctional institution to receive prisoner

23(2)       The keeper of the correctional institution to whom a person is committed shall receive the person and safely keep him in the correctional institution under his custody until released therefrom in due course of law.

Lien of authority

23.1(1)     In addition to every other remedy that an authority has for the recovery of the amount of a fine and costs

(a) that was imposed as a result of a conviction for an offence referred to in subsection 16(2) for which an owner of a vehicle was liable;

(b) that is in default; and

(c) any portion of which is payable to the authority under an Act of the Legislature;

the authority has a lien on any vehicle of that owner for the amount of the fine and costs.

23.1(2)     [Repealed] S.M. 2003, c. 4, s. 132.

When lien takes effect

23.1(3)     A lien on a vehicle takes effect when the authority registers a financing statement in The Personal Property Registry in respect of the vehicle.

Extent of security

23.1(4)     A lien in respect of which a financing statement is registered in The Personal Property Registry by an authority secures the amount of the following fines and costs for which the owner is liable to that authority:

(a) in respect of fines and costs in default on the date of registration of the financing statement, the lesser of

(i) the sum of those fines and costs, and

(ii) $1,000.;

(b) in respect of fines and costs in default subsequent to the date of registration, all such fines and costs for which the owner is liable before the discharge of the lien.

Transitional

23.1(5)     Despite clause (4)(a), if an authority registers a financing statement in respect of a lien within six months after the coming into force of this section, the lien secures all fines in default on the date of registration of the financing statement.

S.M. 1993, c. 2, s. 48; S.M. 2003, c. 4, s. 132.

Notice of registration

23.2(1)     An authority shall, within 15 days after registering a financing statement with respect to a lien on a vehicle, give a notice to the owner of the vehicle containing the information described in subsection (2) by serving the notice personally upon the owner or by leaving a copy at the last known residence or place of business of the owner or by sending a copy by registered mail to the owner's last known postal address.

Contents of notice

23.2(2)     A notice under subsection (1) shall state

(a) that the authority has a lien with respect to unpaid parking fines and costs under this Act and has registered a financing statement in The Personal Property Registry with respect to a vehicle of a specified make, model and year;

(b) if the vehicle is registered under The Drivers and Vehicles Act, the name and address of the registered owner;

(c) if the vehicle is not registered under The Drivers and Vehicles Act, that there is reason to believe that the vehicle is owned by a person whose name and address are specified;

(d) the amount of the unpaid parking fines and costs as at the date of registration of the financing statement;

(e) that, if the amount of the lien is not paid within 15 days after the notice is given to the owner in accordance with subsection (1), the authority may take possession and dispose of the vehicle; and

(f) the address and telephone number of the place where further information can be obtained from the authority.

Sufficiency of certain notices

23.2(3)     A notice under subsection (1) that is given by leaving a copy at the last known residence or place of business of the owner or by sending a copy by registered mail to the owner's last postal address is sufficiently given if it is left at the last address of the residence or place of business, or sent to the last postal address, of the owner shown in the records of the Registrar of Motor Vehicles under The Drivers and Vehicles Act.

S.M. 1993, c. 2, s. 48; S.M. 2003, c. 4, s. 133; S.M. 2005, c. 37, Sch. A, s. 161.

Application of Personal Property Security Act

23.3(1)     Subject to subsections (2) to (8), The Personal Property Security Act and the regulations under that Act apply in respect of a lien with such modifications as the circumstances require.

Interpretation

23.3(2)     For the purpose of this section,

(a) an authority is deemed to be a secured party under The Personal Property Security Act;

(b) an owner is deemed to be a debtor under that Act; and

(c) a lien is deemed to be a security interest under that Act.

Priority of lien

23.3(3)     A lien on a vehicle has priority over every security interest and every claim to or right in the vehicle under any Act other than

(a) a lien under section 101 of The Employment Standards Code in respect of which a financing statement has been filed in The Personal Property Registry in accordance with the regulations made under The Personal Property Security Act;

(b) a purchase-money security interest in the vehicle if that purchase-money security interest was perfected

(i) prior to the registration of a financing statement in respect of the vehicle by the authority, or

(ii) at the time the debtor obtained possession of the vehicle or within 15 days thereafter; or

(c) a garage keeper's lien under The Garage Keepers Act on the vehicle.

Perfection upon registration

23.3(4)     Upon registration of a financing statement under subsection 23.1(3) by an authority, the lien of the authority is deemed to be a perfected security interest under The Personal Property Security Act.

Additional vehicles

23.3(5)     A lien in respect of which an authority has registered a financing statement extends to any vehicle of the owner the serial number of which is not included in that financing statement if an amendment statement adding that vehicle is registered in the Personal Property Registry by an authority.

23.3(6)     [Repealed] S.M. 1997, c. 24, s. 34.

Administrative expenses

23.3(7)     In addition to the expenses permitted under The Personal Property Security Act for retaking, holding, repairing, processing, preparing for disposition of and disposing of a vehicle, an authority is entitled to be paid any reasonable expenses incurred by the authority and an administration fee.

Amount of administration fee

23.3(8)     An administration fee is

(a) if the authority is the government of Manitoba, the amount that is fixed by regulation under clause 30(j);

(b) if the authority is a municipality, the amount, not exceeding the maximum fixed by regulation under clause 30(k), that is fixed by by-law

(i) under clause 134(l) of The City of Winnipeg Charter in the case of the City of Winnipeg, and

(ii) under The Municipal Act in the case of a municipality other than the City of Winnipeg; and

(c) if the authority is a local government district, the amount, not exceeding the maximum fixed by regulation under clause 30(k), that is fixed by by-law under The Local Government Districts Act.

S.M. 1993, c. 2, s. 48; S.M. 1996, c. 58, s. 475; S.M. 1997, c. 24, s. 34; S.M. 1998, c. 29, s. 161; S.M. 2000, c. 6, s. 19; S.M. 2002, c. 39, s. 534.

Duty of municipality and L.G.D. re court costs

23.4        A municipality or local government district that collects a fine under section 23.1, 23.2 or 23.3 shall remit to the government of Manitoba the portion due to the government on account of costs.

S.M. 1993, c. 2, s. 48.

GENERAL

Disposal of fine and of appeal

24          Notwithstanding any law or statute to the contrary,

(a) in any appeal to The Court of Appeal or to the Court of Queen's Bench from any conviction or order made by a justice it is not necessary for the justice to pay into The Court of Appeal or into the Court of Queen's Bench any fine paid to the justice; and

(b) The Court of Appeal or the Court of Queen's Bench shall hear and determine any appeal from a conviction or order made by a justice and give judgment without requiring the fine to be first paid into, and without requiring the fine to be paid at any time into, The Court of Appeal or the Court of Queen's Bench, as the case may be.

Depositions on certiorari

25(1)       Notwithstanding any statute or law to the contrary, the evidence taken in connection with any conviction or order shall be treated as part of the conviction or order in any motion, application, or proceedings to quash the conviction or order, whether by certiorari or otherwise.

Application of subsection (1)

25(2)       Subsection (1) applies only in so far as the Legislature has jurisdiction to enact it.

Review of proceedings on motion to quash

26(1)       Subject to subsection (2), on a motion to quash a conviction, the judge shall examine and consider the proceedings returned to the court and, if the proceedings show that the person accused has been convicted of any offence known to the law, and that there is any evidence to sustain the conviction, the conviction shall be affirmed, but otherwise the conviction shall be quashed.

Amendment or affirmation of conviction

26(2)       If the evidence returned shows that the accused is guilty of an offence against the law, or that the conviction, though irregular, ought to be amended or drawn so as duly to describe the offence, the conviction shall be affirmed or amended as justice requires.

Payment for depositions

27          Where a person appeals or takes any proceedings in which the depositions taken in the matter are required on the appeal or other proceedings, the person appealing, or taking the other proceedings, shall pay the justice, or reporter, as the case may be, the cost of preparing or transcribing the depositions, as the case may be.

Estreat of recognizances

28(1)       All recognizances, taken or entered into under any legislation in force enacted by the Legislature before or after the coming into force of the Revised Statutes, that are forfeited or in respect to which the conditions of the recognizances or any of them have not been complied with, shall be estreated as follows:

(a) The justice who took the recognizance, or any justice who is made aware that the recognizance has been forfeited or that the conditions of the recognizance or any of them have not been complied with, shall certify upon the back of the recognizance the non-appearance of the person or the non-compliance with the condition, as the case may be, in the form to which reference is made in section 770 of the Criminal Code (Canada), and any amendments thereto which have been or may hereafter be enacted.

(b) The justice shall then transmit the recognizance to the officer in the province to whom recognizances are transmitted for the purpose of estreat under the provisions of Part XXV of the Criminal Code (Canada).

(c) The recognizance shall then be enforced and collected in the same manner and under the same procedure as recognizances are enforced and collected under the provisions of Part XXV of the Criminal Code (Canada).

Application of Criminal Code procedure

28(2)       The practice and procedure and all proceedings upon the estreat of recognizances taken or entered into under any legislation in force enacted by the Legislature before or after the coming into force of the Revised Statues is, except as herein provided, governed by Part XXV of the Criminal Code (Canada), so far as it is not inconsistent with this Act.

S.M. 1991-92, c. 41, s. 26.

No necessity of seal on documents

29          In all proceedings under this Act it is not necessary for the justice to affix his seal to any document; and no document is invalidated by reason of the lack of a seal, even though it purports to be sealed.

Regulations

30          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law, and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations not inconsistent with any other provision of this Act

(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) authorizing the use on offence notices issued under this Act of words, expressions and abbreviations to designate offences under certain Acts of the Legislature or certain by-laws of municipalities or regulations;

(b.1) respecting justice service surcharges, including prescribing the amount of a surcharge or a method of calculating a surcharge, and prescribing offences for which no surcharge is payable;

(c) establishing a schedule of set fines and costs for the purpose of subsection 13(3);

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

(c.2) respecting the filing of an offence notice or the information part of an offence notice with a justice in a court office;

(c.3) for the purpose of section 16.1,

(i) designating municipalities,

(ii) designating offences in relation to designated municipalities,

(iii) designating offences under The Public Works Act,

(iv) respecting the appointment of screening officers,

(v) respecting the authority of screening officers,

(vi) authorizing the use of compliance agreements, and prescribing requirements for such agreements;

(d) prescribing guidelines and terms and conditions for the purpose of subsection 19(5);

(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;

(d.2) prescribing the amount of an administrative fee for the purpose of section 19.4;

(e) respecting the establishment and administration of a fine option program which may include

(i) such matters, terms and conditions as may be deemed necessary or advisable to implement and administer the program,

(ii) the amount or rate of credits to be applied against fines for unpaid community work performed by convicted persons under the program,

(iii) provisions for dealing with convicted persons on whom fines are imposed and who because of necessitous circumstances or physical, mental or other handicaps are unable to elect to perform unpaid community services or pay the fines, and

(iv) provisions prescribing the payment of a fee, and the amount of the fee, by offenders before or at the time of registration in the fine option program;

(f) respecting the detention of persons under 18 years of age who are charged with offences under Acts of the Legislature or regulations made thereunder;

(g) respecting the custody of persons under 18 years of age who are convicted of offences under Acts of the Legislature or regulations made thereunder;

(h) providing for the adoption and application of all or part of the procedures prescribed under The Youth Criminal Justice Act (Canada) in matters relating to persons under 18 years of age who are charged with or convicted of offences under Acts of the Legislature or regulations made thereunder or certain of those offences;

(i) respecting methods of enforcing judgments and orders of courts relating to persons under the age of 18 years of age charged with or convicted of offences under Acts of the Legislature or regulations made thereunder;

(j) fixing the amount of the administration fee for the purpose of clause 23.3(8)(a);

(k) fixing the maximum administration fee for the purpose of clauses 23.3(8)(b) and (c);

(l) defining any word or phrase used, but not defined, in this Act;

(m) for the purpose of making sections 23.1 to 23.4 of this Act and The Personal Property Security Act consistent or clarifying their relationship.

S.M. 1991-92, c. 18, s. 6; S.M. 1993, c. 2, s. 49; S.M. 2000, c. 37, s. 5; S.M. 2002, c. 1, s. 20; S.M. 2003, c. 4, s. 135; S.M. 2004, c. 42, s. 94; S.M. 2005, c. 33, s. 24.

Reference in Continuing Consolidation

31          This Act may be referred to as chapter S230 of the Continuing Consolidation of the Statutes of Manitoba.

Repeal

32          The following Acts and parts of Acts are repealed:

(a) The Summary Convictions Act, being chapter S230 of the Revised Statutes.

(b) An Act to amend The Summary Convictions Act, being chapter 58 of the Statutes of Manitoba, 1970.

(c) An Act to amend The Summary Convictions Act, being chapter 13 of the Statutes of Manitoba, 1972.

(d) Section 57 of The Statute Law Amendment Act (1974), being chapter 59 of the Statutes of Manitoba, 1974.

(e) An Act to amend The Summary Convictions Act, being chapter 11 of the Statutes of Manitoba, 1975.

(f) An Act to amend The Summary Convictions Act, being chapter 7 of the Statutes of Manitoba, 1977 (2nd Session).

(g) Section 38 of The Statute Law Amendment Act (1979), being chapter 28 of the Statutes of Manitoba, 1979.

(h) Section 13 of The Statute Law Amendment Act (1979)(2), being chapter 49 of the Statutes of Manitoba, 1979.

(i) Section 34 of The Statute Law Amendment Act (1980), being chapter 75 of the Statutes of Manitoba, 1980.

(j) An Act to amend The Summary Convictions Act, being chapter 30 of the Statutes of Manitoba, 1980-81.

(k) An Act to amend The Summary Convictions Act, being chapter 24 of the Statutes of Manitoba, 1982.

(l) Section 29 of The Statute Law Amendment Act1983, being chapter 93 of the Statutes of Manitoba, 1982-83-84.

Commencement of Act

33(1)       This Act, except subsections 19(1), (2), (3) and (5), 20(4) and 21(2), comes into force on the day it receives the royal assent.

Proclamation

33(2)       Subsections 19(1), (2), (3) and (5), 20(4) and 21(2) come into force on a day fixed by proclamation.

S.M. 1985-86, c. 51 , s. 37.

NOTE:  Subsections 19(1), (2), (3) and (5) and 21(2) of S.M. 1985-86, c. 4, were proclaimed in force September 1, 1985.

 

 


Accessibility Disclaimer Copyright Privacy Contact Government