Highway Traffic Amendment Act (School Bus Camera System), 2014 Nicholls, Rick — Bill 50 (41st Parliament, 1st Session)

Bill 50, 41-1

Ontario — Bills

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Bill 50, Highway Traffic Amendment Act (School Bus Camera System), 2014

Nicholls, Rick

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Original

[41] Bill 50 Original (PDF)

Bill 50 2014

Act to amend the Highway Traffic Act

Her

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

Province of Ontario, enacts as follows:

1. 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 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 must comply with the requirements of the regulations made under clause

(7) (b).

Certification

of photograph

(3) A

photograph 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 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 of a vehicle obtained through

the use of a school bus camera system is proof that information shown or superimposed

on the photograph 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 obtained through the use of a school bus camera

system unless the photograph 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" for the purposes of this Part;

(

b) governing

the form and content of photographs for the purposes of subsection (2),

including information that may be or must be shown or superimposed on the

photographs, 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 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

2. This

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

Governor.

Short

title

3. The

short title of this Act is the Highway Traffic Amendment

Act (School Bus Camera System), 2014 .

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 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).

Date Bill stage Activity Committee

December 11, 2014

Ordered referred to Standing Committee

Standing Committee on Justice Policy

December 11, 2014

Second Reading

Carried

December 11, 2014

Second Reading

Debate

November 27, 2014

First Reading

Carried

Debates and Progress

First Reading

November 27, 2014

Committee

Second Reading

December 11, 2014

Mr. Rick Nicholls, Mr. Michael Mantha, Ms. Daiene Vernile, Mr. John Yakabuski, Ms. Jennifer K. French, Ms. Soo Wong, Mrs. Julia Munro, Mrs. Gila Martow, Mr. Arthur Potts

December 11, 2014

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

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

Acts affected - Bill 50

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 50, 41-1
Type	bill
Volume / chapter	p41 s1 bill 50 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8e14b2613484137168e0d30d369d1b698bd2be27

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