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