Bill 95 (Legislature 13, Session 4)

L13 S4 6225

Alberta — Bills

No. 96 4th Session, 13th Legislature, Alberta 6 Elizabeth II, 1958 BILL 95 A Bill to amend The

Summary Convictions Act HON. MR. MANNING Printe<l by L. S. WALL, Printer to the Queen '11 Most Excellent llfa.juty, Edmonton, Alberta., 1968

• ! ... General. The purpose of this Bill ia to provide a standard traffic ticket for use within the PrQVince and to simplify the procedure on layina a complaint and iasuina a summons for a traffic ot!ence. 1.

(1) A new sectiQn 5a is aq,d~d to Tbe Summ_ary Convictions Act. Authorizes the use of a traffic ticket for the la;rinl of an in formation and the issuing of a summons for an mfraction of a tra1ftc law whether provincial or municipal, instead of the procedure now in use under thia Act.

(2) Prescribes the make-up of a traffic ticket . . . 11 • r' • .,,

(3) Lieutenant Governor empowered to make regulations con cerning matters of detail required by the amendment. ( 4) This subsection permits a short form of expreslion on a traftlc ticket to describe an offence. . .

BILL No. 95 of 1958

An Act to amend The

Summary Convictions Aet , ( Assente,d to , 1958) HER MAJESTY, by. and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : 1. The

Summary Convictions Act, being

chapter 325 of The Revised Statutes of Alberta, 1955, is hereby amend~. 2. The following

section is added immediately after

section 5: "5a. ( 1) For a contravention of any of the provisions of The Vehicles and Highway Traffic Act, The Public Service Vehicles Act, or any regulation made under either of these Acts, or for a contravention of a municipal by law regulating traffic, a complaint may be laid and a summons issued by means of a traffic ticket in accordance with this section, instead of the procedure set out in the Criminal Cpde- (Canada) for laying an information and for issuing a su~mons. . "

(2) A traffic ticket shall be in four parts, as follows: "(

a) complaint; " (

b) report of conviction ; " (

c) police record ; " (

d) summons. "

(3) The Lieutenant Governor in Council may make regulations "(

a) prescribing the form of the traffic ticket, ·· . ~·(b) :· ~efining any word or expression used in the reg ·'··':.:; .. , -.ulations, · - ·. . · . · . . ii (c). authoridng the use on a traffic ticket of any word or expression to designate an offence under The Vehicles and Highway Traffic A,ct, The Public Service Vehicles Act, or any regulation made under either of these Acts, or any municipal by-law reg ulating traffic, and "(

d) respecting any matter that the Lieutenant Gov ernor in Council deems necessary for the use of the traffic ticket . . .. u'(4f The use· ojt a traffic ticket' of any word or "expre& sion authorized by the regulations to designate an offence under The Vehicles and Highway Traffic Act, The Public Service Vehicles Act, or any regulations made under either

(5) Permits the setting out of an offence by use of marks in the appropriate place on a traffic ticket.

(8) This subsection permits service of the traffic ticket summons on making out the ticket and thus dispense with the present practice of having a summons made out later and then served, if needed.

(7) Tra1Hc complaint authorized where summons not delivered at time of violation.

(8) Prescribes the disposition of the complaint part of a traffic ticket.

(9) Because the summons part may be given at almost the time of the infraction or very sho~ thereafter whlle at the scene thereof, it is necessary to provide that the complaint may be sub sequently sworn to.

(10) The report of conviction part of the ticket will be sent to the Motor Vehicle Branch by the convicting justice and provide a record of convictions. (11) 'l'bitl makes provision for gapt1 in the knowledge ot the complainant where the ticket requires information to be completed concern.Ine the person of the offender, such as age, date of birth and simUar matters.

(13) The expression ''police officer'' is defined. a. Act to come into force on proclamation to permit unifoms tickets to be prepared in advance of commencement.

2 of these Acts, or under any municipal by-law, shall be deemed sufficient for all purposes to rlescribe the offence designated by such word or expression. " ( 5) A police officer or other complainant shall indicate the offence charged on the traffic ticket by placing a cross, thus "X", in the box which shall be to the left of the offence charged as set out in the traffic ticket, or if the offence charged does not appear on the traffic ticket he shall write the offence in the space which shall be provided therefor on the traffic ticket. "

(6) Upon completing a traffic ticket and affixing his signature thereto, the police officer shall deliver the traffic ticket summons to the person charged with an offence therein, and delivery of the traffic ticket summons in ac cordance herewith shall be deemed to be personal service of the summons upon the person charged with an offence in the traffic ticket summons. "

(7) Where a traffic ticket summons is not delivered by a police officer in accordance with subsection (6), a traffic ticket complaint may be used to lay a complaint before a justice, in which case the traffic ticket summons may be attached for information purposes only to the summons issued by the justice. "

(8) A traffic ticket complaint shall be "(

a) signed by the complainant and sworn to before a justice, and " (

b) deposited, together with the traffic ticket report of conviction form, with the proper justice. "

(9) A traffic ticket complaint need not be sworn to before the traffic ticket summons is delivered . " ( 10) Where a justice makes a conviction on a traffic ticket complaint, he shall complete the traffic ticket report of conviction and forward it to the Registrar of the Motor Vehicle Branch of the Department of Highways, and it shall be deemed to be a certificate of conviction for any of the purposes of The Vehicles and High'way Traffic Act, The Public Service Vehicles Act, or any regulations made under either of these Acts. "

(11) The failure to complete in a traffic ticket any information concerning the age, birthday, occupation or other similar matter required in the ticket does not in validate the traffic ticket or any part thereof. "

(12) In this

section "police officer" means any con stable or officer of the Royal Canadian Mounted Police or of a municipal police force or any special constable appointed for the purpose of enforcing traffic laws or any inspector appointed under The Vehicles and Highway Traffic Act.". 3. This Act comes into force upon a date to be fixed by proclamation of the Lieutenant Governor in Council.

No. 96 FOURTH SESSION THIRTEENTH LEGISLATURE 6 ELIZABETH II 1958 BILL

An Act to amend The

Summary Convictions Act Received and read the First time . Second time ....................................... . Third time ......................................... . HON. MR. MANNING Title: 1958 (13th, 4th) Bill 95,

An Act to amend The

Summary Convictions Act

Document details

Collection	Alberta — Bills
Citation	L13 S4 6225
Type	bill
Volume / chapter	L13 S4 6225
Language	en
Format	json
Source	PROVINCIAL
Identifier	9f0cb4cd7dd07692b10ff62808fa30b170f98db5

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