5th Session, 42nd Legislature

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Bill 19

THE PROVINCIAL OFFENCES AMENDMENT ACT

(Assented to                                         )

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

C.C.S.M. c. P160 amended

1   The Provincial Offences Act is amended by this Act.

2   Section 11 is repealed.

3(1)   The following is added after item 3 of section 58:

3.1Quashing a ticket — A justice must quash a ticket that fails to meet the requirements of Part 2, unless the ticket can be amended without prejudicing the defendant.

3(2)   The following is added after item 4 of section 58:

4.1Amending a ticket — A justice may amend a ticket that is valid on its face to add, delete or change any information on the ticket and may grant an adjournment if that is necessary for the matter to be decided fairly.

4   Subsection 63(1) is replaced with the following:

Certificate evidence

63(1)   In a hearing on a ticket, a certificate that appears to be signed by an enforcement officer or other person authorized by regulation and any document attached to the certificate that sets out evidence of the alleged offence is admissible as evidence and is proof of the facts stated in the certificate or attached document in the absence of evidence to the contrary.

5   The overview to Part 8 is amended

(a) in the first and second paragraphs of the English version, by striking out "sentence" wherever it occurs and substituting "penalty"; and

(b) in the third paragraph, by striking out "other orders" and substituting "certain orders".

6(1)   Subsection 79(1) is amended

(a) in clause (b) of the English version, by striking out "sentence" and substituting "penalty"; and

(b) in clause (c),

(i) by adding "subject to subsection (5)," before "any other order", and

(ii) by adding "in a hearing or other proceeding" before "under this Act".

6(2)   Subsection 79(2) is amended

(a) in clause (b) of the English version, by striking out "sentence" and substituting "penalty"; and

(b) in clause (c),

(i) by adding "subject to subsection (5)," before "any other order", and

(ii) by adding "in a hearing or other proceeding" before "under this Act".

6(3)   The following is added after subsection 79(4):

No appeal of interlocutory order

79(5)   Unless this Act provides otherwise, there is no appeal of an interlocutory order made under this Act.

Coming into force

7   This Act comes into force on the day it receives royal assent.