Highway Traffic Amendment Act (Safety Cameras), 2010 Caplan, David — Bill 136 (39th Parliament, 2nd Session)

Bill 136, 39-2

Ontario — Bills

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Bill 136, Highway Traffic Amendment Act (Safety Cameras), 2010

Caplan, David

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[39] Bill 136 Original (PDF)

Bill 136 2010

An Act to amend

the Highway Traffic Act with respect to safety cameras

Note: This Act amends the Highway Traffic Act. For

the legislative history of the Act, 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. Subsection 7

(11.1) of the Highway

Traffic Act is repealed and the following substituted:

No permit when safety camera fine

unpaid

(11.1) If an owner of

a vehicle is in default of payment of a fine imposed for a conviction based on

evidence obtained through the use of a safety camera, an order or direction may

be made under

section 69 of the Provincial Offences Act directing that,

(

a) if the owner holds a permit, validation of

that owner's permit be refused until the fine is paid; or

(

b) if the owner does not hold a permit, the

issuance of a permit be refused until the fine is paid.

2. Subsection 13 (3)

of the Act is amended by striking out "photo-radar system" at the end and

substituting "safety camera".

3. Subsection 128

(8) of the Act is repealed and the following substituted:

Construction zones

(8) An official of the

Ministry authorized by the Minister in writing shall, with respect to every

part of the King's Highway that is under construction, designate that part of

the King's Highway as a construction zone, and every construction zone

designated under this subsection shall be marked by signs in accordance with

the regulations.

4. The heading

immediately before

section 205.1 of the Act is repealed and the following

substituted:

PART XIV.1 Safety Cameras And Safety Camera Evidence

5. Subsection 205.1

(1) of the Act is repealed and the following substituted:

Safety cameras, non-municipal highways

(1) The

Minister may require that a safety camera is used in any construction zone designated

under subsection 128 (8) and any community safety zone designated under

subsection 214.1 (2).

Safety cameras, municipal highways

(1.1) The council of a municipality may by by-law require

that a safety camera is used in any construction zone that the municipality

designates under subsection 128 (8.1) and any community safety zone that the

municipality designates under subsection 214.1 (1).

Use of safety cameras

(1.2) A safety camera that is required to be used under

subsection (1) or (1.1) shall be used in accordance with the regulations.

Safety camera evidence

(1.3) Subject to subsection (2), a photograph obtained

through the use of a safety camera is admissible in evidence in a proceeding

under the Provincial

Offences Act respecting an alleged offence under

section 128 of

this Act if the alleged offence was committed within a construction zone

designated under subsection 128 (8) or (8.1), a community safety zone designated

under subsection 214.1 (1) or (2) or any other area of Ontario designated by

the regulations.

Section 205.2 of the Act is amended by

striking out "photo-radar system" and substituting "safety camera".

(1) Subsection 205.3 (1) of the

Act is amended by striking out "photo-radar system" at the end and substituting

"safety camera".

(2) Subsection 205.3 (2) of the Act is

amended by striking out "photo-radar system" at the end and substituting

"safety camera".

(3) Subsection 205.3 (3) of the Act is

amended by striking out "photo-radar system" and substituting "safety camera".

Section 205.6 of the Act is amended by

striking out "photo-radar system" and substituting "safety camera".

(1) Subsection 205.8 (1) of the

Act is amended by striking out "photo-radar system" at the end and substituting

"safety camera".

(2) Subsection 205.8 (2) of the Act is

amended by striking out "photo-radar system" and substituting "safety camera".

10. Subsection 205.9 (1) of the Act is

amended by striking out "photo-radar system" and substituting "safety camera".

11. Clause 205.10 (2) (

a) of the Act is

amended by striking out "photo-radar system" and substituting "safety camera".

Section 205.12 of the Act is amended by

striking out "photo-radar system" and substituting "safety camera".

(1) Subsection 205.13 (3) of

the Act is amended by striking out "photo-radar system" at the end and substituting

"safety camera".

(2) Subsection 205.13 (4) of the Act is

amended by striking out "photo-radar system" and substituting "safety camera".

Section 205.14 of the Act is repealed and

the following substituted:

Regulations, safety cameras and safety cameras evidence

205.14 The Lieutenant Governor in Council may

make regulations,

(

a) prescribing

what constitutes a safety camera;

(

b) governing

the use of safety cameras for the purposes of subsection 205.1 (1.2);

(

c) designating

areas of Ontario for the purposes of subsection 205.1 (1.3);

(

d) prescribing

what constitutes evidence of ownership of a vehicle for purposes of this Part;

(

e) prescribing

what constitutes a photographic equivalent of a photograph for the purposes of

section 205.6;

(

f) prescribing

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

Part XIV.1 of the Act is amended by

adding the following section:

Exemption, demerit point system

205.14.1 No

demerit points shall be recorded in respect of a person who is convicted of an

offence under

section 128 of this Act if the conviction is based on a

photograph obtained through the use of a safety camera.

16. (1) Subsection 207 (6) of the

Act is repealed and the following substituted:

Owner liability, safety camera evidence

(6) The owner of a motor vehicle shall not be charged as

an owner with an offence under

section 128 unless the evidence of the offence

is obtained through the use of a safety camera.

(2) Subsection 207 (7) of the Act is

amended by striking out "photo-radar system" and substituting "safety camera".

17. Subsections 214.1 (1) and (2) of the Act

are repealed and the following substituted:

Community safety zones, municipal highways

(1) The council of a municipality may by by-law designate

a part of a highway under its jurisdiction as a community safety zone if,

(

a) in

the council's opinion, public safety is of a special concern on that part of

the highway; or

(

b) that

part of the highway adjoins or is adjacent to land on which a school,

schoolyard, daycare, se-niors' residence, community centre or playground is

located.

Community safety zones, non-municipal highways

(2) The Minister of Community Safety and Correctional

Services may by regulation designate a part of a provincial highway or of any

highway that is not under the jurisdiction of a municipality as a community

safety zone if,

(

a) in

his or her opinion, public safety is of a special concern on that part of the

highway; or

(

b) that

part of the highway adjoins or is adjacent to land on which a school,

schoolyard, daycare, se-niors' residence, community centre or playground is

located.

Commencement

18. This Act comes into force six months

after the day it receives Royal Assent.

Short title

19. The

short title of this Act is the Highway Traffic Amendment Act

(Safety Cameras), 2010 .

EXPLANATORY NOTE

The

Bill authorizes the Minister and municipal councils to require the use of

safety cameras in construction zones and community safety zones.

Section

205.14.1 is added to the Act to create an exemption from the demerit point system

for persons who are convicted of an offence based on safety camera evidence.

The

Bill amends subsections 214.1 (1) and (2) of the Act to provide that a highway

or a part of a highway may be designated as a community safety zone if the

highway adjoins or is adjacent to land on which a school, schoolyard, daycare,

seniors' residence, community centre or playground is located.

The

Bill changes all references to photo-radar systems in the Act to safety

cameras.

Date Bill stage Activity Committee

November 22, 2010

First Reading

Carried

Debates and Progress

First Reading

November 22, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 136

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 136, 39-2
Type	bill
Volume / chapter	p39 s2 bill 136 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8b917c9be29357085f11183b0a5731c57d32e4e6

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