5th Session, 42nd Legislature
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Bill 43
THE PROVINCIAL OFFENCES AMENDMENT ACT (2)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Provincial Offences Act is amended by this Act.
2 The first paragraph of the overview to Part 1 is amended by adding "This Act also governs the prosecution of contraventions of a First Nation law if the law states that it may be enforced under this Act." at the end.
3 Section 1 is amended
(a) in the definition "enforcement officer", by striking out "or" at the end of clause (d) and adding the following as clause (d.1):
(d.1) in relation to a First Nation offence, a First Nation safety officer appointed under The Police Services Act; or
(b) in the definition "preset fine", by adding the following after clause (a):
(a.1) for a First Nation offence, the amount set by First Nation law as the preset fine for that offence;
(c) in the definition "prosecutor",
(i) in clause (a), by adding "of Manitoba" after "Attorney General", and
(ii) by adding "or" at the end of clause (b) and adding the following as clause (c):
(c) in the case of a First Nation offence, the Attorney-General of Canada or the person who lays an information, and includes an agent acting on behalf of either of them.
(d) by replacing the definition "offence" with the following:
"offence" means
(a) an offence under an Act or regulation;
(b) a municipal offence; or
(c) a First Nation offence. (« infraction »)
(e) by adding the following definitions:
"First Nation" means a band as defined in the Indian Act (Canada). (« Première nation »)
"First Nation law" means
(a) a by-law made by a First Nation under section 81 or 85.1 of the Indian Act (Canada); and
(b) a law made by a First Nation under a land code pursuant to the Framework Agreement on First Nation Land Management reached between the Government of Canada and the First Nation. (« texte législatif d'une Première nation »)
"First Nation offence" means a contravention of a First Nation law. (Version anglaise seulement)
4 Subsection 2(1) is amended by striking out "This Act" and substituting "Subject to section 2.1, this Act".
5 The following is added after section 2 and before the centred heading that follows it:
When Act applies to First Nation laws
2.1(1) This Act applies in respect of a First Nation law only if the law states that a prosecution for a contravention of the law may be dealt with under this Act.
2.1(2) Parts 4 and 5 of this Act do not apply to First Nation offences.
6 Section 4 is amended by adding "or a First Nation law" after "under an Act".
7 The first paragraph of the overview to Part 2 is amended by striking out "provincial offence" and substituting "an offence".
8 The first paragraph of the English version of the overview to Part 3 is amended by striking out "provincial".
9 Subsection 23(4) is amended by striking out "enactment or by-law" wherever it occurs and substituting "enactment, by-law or First Nation law".
10 The overview to Part 9 is amended
(a) in the first paragraph, by adding "or First Nation" after "the municipality";
(b) in the second paragraph of the English version, by striking out everything before "may file" and substituting "The government, a municipality and a First Nation"; and
(c) in the third paragraph of the English version, by striking out everything before "may also register" and substituting "The government, a municipality and a First Nation".
11 Section 86 is amended by replacing the definition "authority" with the following:
"authority" means the government, a municipality or a First Nation. (« autorité »)
12(1) Subsection 87(1) is amended by adding "or a First Nation offence" at the end.
12(2) The following is added after subsection 87(3):
Collection and enforcement by First Nation
87(4) In the case of an unpaid fine for a First Nation offence,
(a) the amount of the unpaid fine is a debt due to the First Nation and not the government;
(b) the First Nation is responsible for collecting the unpaid fine; and
(c) when the First Nation collects an unpaid fine, it must remit to the government the amount due on account of costs.
13 The following is added after clause 92(3)(b):
(c) if the authority is a First Nation, the amount fixed by a First Nation law, which may not exceed the maximum fixed by regulation.
14 Clause 111(l) is amended by striking out "clause 92(3)(b)" and substituting "clauses 92(3)(b) and (c)".
15 This Act comes into force on a day to be fixed by proclamation.