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The Provincial Offences Act

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
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
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)