Highway Traffic Amendment Act (School Bus Camera Systems), 2017 Nicholls, Rick — Bill 94 (41st Parliament, 2nd Session)

Bill 94, 41-2

Ontario — Bills

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Bill 94, Highway Traffic Amendment Act (School Bus Camera Systems), 2017

Nicholls, Rick

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Debates

Acts affected

Original

[41] Bill 94 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act to add a new

Part respecting school bus camera systems. Subsections 175 (11) and (12) of the

Highway Traffic Act set out certain requirements

that apply when a vehicle encounters a school bus on a highway. The new Part

provides that a photograph or video of a vehicle obtained from a school bus

camera system may be received as evidence in a proceeding under the Provincial Offences Act respecting an alleged offence

under subsection 175 (11) or (12).

Bill 94 2017

Act to amend the Highway Traffic Act with respect to evidence obtained from

school bus camera systems

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Highway Traffic Act is amended by adding the

following Part:

PART

XIV.3

SCHOOL BUS CAMERA SYSTEM EVIDENCE

School

bus camera system evidence

205.26

(1) Subject

to subsection (2), a photograph or video obtained through the use of a school

bus camera system shall be received in evidence in a proceeding under the Provincial Offences Act respecting an alleged offence

under subsection 175 (11) or (12) of the Highway Traffic

Act .

Conditions

(2) The

photograph or video must comply with the requirements of the regulations made

under clause (7) (b).

Certification

of photograph or video

(3) A

photograph or video that purports to be certified by a provincial offences

officer as having been obtained through the use of a school bus camera system

shall be received in evidence as proof, in the absence of evidence to the

contrary, that the photograph or video was obtained through the use of a school

bus camera system.

Use

at trial

(4) In the

absence of evidence to the contrary, a photograph or video of a vehicle

obtained through the use of a school bus camera system is proof that

information shown or superimposed on the photograph or video that was

authorized or required by a regulation made under clause (7) (

b) is true, and

that,

(

a) the

vehicle and its driver did not stop before reaching the school bus and the

vehicle and its driver proceeded before the bus moved or the overhead red

signal-lights stopped flashing, contrary to subsection 175 (11); or

(

b) the

vehicle and its driver did not stop at least 20 metres before reaching the

school bus and the vehicle and its driver proceeded before the bus moved or the

overhead red signal-lights stopped flashing, contrary to subsection 175 (12).

Conviction

(5) No person

who has entered a plea of not guilty at trial shall be convicted of an offence

on the basis of a photograph or video obtained through the use of a school bus

camera system unless the photograph or video is tendered in evidence at trial.

Procedure,

rules of evidence

(6) Sections

205.16 to 205.24 apply, with necessary modifications, to proceedings based on

evidence obtained through the use of a school bus camera system, and, for that

purpose, references to subsection 144 (18) shall be read as references to

subsections 175 (11) and (12).

Regulations

(7) The

Lieutenant Governor in Council may make regulations,

(

a) defining

"photograph" and "video" for the purposes of this Part;

(

b) governing

the form and content of photographs and videos for the purposes of subsection

(2), including information that may be or must be shown or superimposed on the

photographs or videos, and prescribing a system of codes, symbols or

abbreviations that may be used to convey the information;

(

c) prescribing

what constitutes a school bus camera system;

(

d) governing

the filing of photographs and videos in court for the purposes of this Part;

(

e) governing

the service of offence notices issued in proceedings based on evidence obtained

through the use of school bus camera systems, including deeming service to have

been effected on a date determined in accordance with the regulations;

(

f) prescribing

what constitutes evidence of ownership of a vehicle or evidence of the identity

of a driver for purposes of this Part;

(

g) prescribing

the form of certificate that a conviction has been struck out.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Highway Traffic

Amendment Act (School Bus Camera Systems), 2017 .

Date Bill stage Activity Committee

February 23, 2017

Ordered referred to Standing Committee

Standing Committee on Social Policy

February 23, 2017

Second Reading

Carried

February 23, 2017

Second Reading

Debate

February 21, 2017

First Reading

Carried

Debates and Progress

First Reading

February 21, 2017

Committee

Second Reading

February 23, 2017

Mr. Rick Nicholls, Ms. Peggy Sattler, Mr. Peter Z. Milczyn, Mr. Sam Oosterhoff, Mrs. Lisa Gretzky, Mr. John Fraser, Mrs. Gila Martow, Mr. Arthur Potts

February 23, 2017

Declared carried. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy.

Third Reading

Royal Assent

Acts affected - Bill 94

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Highway Traffic Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 94, 41-2
Type	bill
Volume / chapter	p41 s2 bill 94 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0bb2f3b1da3e55d9e8473abde2b7723ad52e2c06

Source file is stored in the law ingest library (html).