Enhancing Red Light Camera System Enforcement Act, 2012 Naqvi, Yasir — Bill 131 (40th Parliament, 1st Session)

Bill 131, 40-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 131, Enhancing Red Light Camera System Enforcement Act, 2012

Naqvi, Yasir

Please select

View bill

Status

Debates

Acts affected

Original

[40] Bill 131 Original (PDF)

Bill 131 2012

Act to amend the Highway Traffic Act and the Provincial Offences Act with

respect to red light camera system evidence

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsections

205.17 (3) and (4) of the Highway Traffic Act are

repealed and the following substituted:

Service

of offence notice

(3) An offence notice issued in proceedings based on

evidence obtained through the use of a red light camera system may be served in

accordance with subsections (3.1) to (3.6), in which case subsections 3 (3) to

(7) of the Provincial Offences Act do not apply.

Service

by mail

(3.1) An offence notice may be served by sending it by

regular prepaid mail to the person charged within 23 days after the occurrence

of the alleged offence.

Same

(3.2) Subject to subsections (3.4) and (3.5), the offence

notice shall be sent to,

(

a) if

the address of the person charged is in Ontario, that address as it appears on

the Ministry's records on the date of the alleged offence; or

(

b) if

the address of the person charged is outside Ontario, that address as it

appears on the records of the relevant government on the date of the alleged

offence.

Same

(3.3) For greater certainty, a person acting on behalf of

a municipality may mail an offence notice to an address that is outside Ontario, including outside Canada, for the purposes of this Part.

Same

(3.4) If the person is charged as the owner of the

vehicle, the address of the person as it appears on the records respecting the

holder of the plate portion of the vehicle permit shall be used.

Same

(3.5) If the person is charged as the driver of the

vehicle, the address of the person as it appears in the records respecting the

person's driver's licence shall be used.

Same

(3.6) Service of an offence notice mailed in accordance

with this

section shall be deemed to be effected on the seventh day following

the day on which it was mailed.

Certificate

of service

(4) If the provincial offences officer who issued the

certificate of offence also mails the offence notice or causes it to be mailed,

that officer shall certify, on the certificate of offence, the fact that the

offence notice was mailed and the date it was mailed.

2. The

Provincial Offences Act is amended by adding the

following section:

Certified

evidence, proceedings based on red light camera system evidence

48.2 (1) Subsection

(2) applies to proceedings based on evidence obtained through the use of a red

light camera system under

Part XIV.2 of the Highway

Traffic Act .

Same

(2) Section 48.1 shall apply to a statement respecting

ownership of a vehicle certified by a government of a jurisdiction outside Ontario, including outside Canada, in the same way that it applies to a statement

respecting ownership of a vehicle certified by the Ministry of Transportation.

Commencement

3. This

Act comes into force on the day it receives Royal Assent.

Short

title

4. The

short title of this Act is Enhancing Red Light Camera

System Enforcement Act, 2012 .

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act with respect to

service of offence notices issued in proceedings based on evidence obtained

through the use of a red light camera system. The amendments provide that

offence notices may be served by mail to addresses whether in or outside Ontario, and incorporate into the Act related rules currently set out in the regulations.

The

Bill also amends the Provincial Offences Act with

respect to proceedings based on evidence obtained through the use of a red

light camera system. The amendments provide that in those proceedings,

section

48.1 of the Act (regarding certified evidence) shall apply to a statement

respecting ownership of a vehicle certified by a government of a jurisdiction

outside Ontario in the same way that it applies to such a statement certified

by the Ministry of Transportation.

Date Bill stage Activity Committee

October 4, 2012

First Reading

Carried

Debates and Progress

First Reading

October 4, 2012

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 131

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

Provincial Offences Act

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 131, 40-1
Type	bill
Volume / chapter	p40 s1 bill 131 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	6740d8d2edd9fa067e276af6ae1e17882071b8f7

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