SUMMARY OFFENCES PROCEDURE2005 c.01 1 1 BILL No. 3 of 2005

An Act to amend The

Summary Offences Procedure Act, 1990 and to make consequential amendments to other Acts (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The

Summary Offences Procedure Amendment Act, 2005. S.S. 1990-91, c.S-63.1 amended 2 The

Summary Offences Procedure Act, 1990 is amended in the manner set forth in this Act.

Section 2 amended 3 Clause 2(

a) is repealed and the following substituted: “(a) ‘authority’ means: (

i) a municipality; (ii) the Meewasin Valley Authority; (iii) the Wakamow Valley Authority; (iv) the Wascana Centre Authority; (

v) the University of Regina; or (vi) the University of Saskatchewan; “(a.1) ‘bylaw’ means a bylaw made by an authority”.

Section 4 amended 4 Subsection 4(4.1) is amended by adding “ 487.011 to 487.017, ” after “sections 487, 487.01,”.

Section 8 amended 5 Subsection 8(1) is amended by adding “ ,

section 32.53” after “ Subject to subsection (2)”.

Section 10 amended 6(1) Subsection 10(3) is amended by striking out “ The recording ” and substituting “Subject to subsections (7) to (9), the recording”.

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(2) The following subsection is added after subsection 10(4): “

(4.1) If a payment of the specified penalty sum is made by credit card and the credit card payment is disputed: (

a) the conviction continues but the fine remains outstanding whether or not the plea is signed in the manner provided for on the summons or offence notice; and (

b) the clerk shall give written notice to the offender that the credit card payment has not been made, the conviction continues and the fine remains outstanding”. (3) Subsection 10(5) is amended by adding “ or (4.1)(b)” after “clause (4)(b)”. (4) Subsection 10(6) is amended by adding “ or (4.1)(b)” after “clause (4)(b)”.

(5) The following subsections are added after subsection 10(6): “

(7) On or before the court appearance date specified on the summons or offence notice, a defendant who has been convicted pursuant to subsection (3) may apply to a justice to strike out the conviction and enter a not guilty plea. “

(8) On an application pursuant to subsection (7), the justice may do any or all of the following: (

a) adjourn the application to another date for a hearing; (

b) on hearing the application: (

i) allow the person to plead not guilty and set a date for trial if the justice is satisfied that the person did not intend to plead guilty; or (ii) confirm the conviction and fine. “

(9) When a time is set for a trial pursuant to clause (8)(b): (a) subsections 15(2) to (5) apply in the case of a summons; and (

b) Part IV applies in the case of an offence notice ”.

Section 12 amended 7 Subsection 12(2) is amended by striking out “

Part IV does ” and substituting “Parts IV and V.1 do”.

Section 14 amended 8 Subsection 14(2) is amended: (

a) in subclause (a)(iii) by adding “ before the court appearance date ” after “specified penalty sum”; (

b) by adding “ or” after clause (b); and (

c) by striking out “ or” after clause (c).

Section 15 amended 9 Subsection 15(1) is amended in the portion preceding clause (

a) by striking out “, to pay the specified penalty sum or to register in the fine option program” and substituting “or to pay the specified penalty sum”.

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Section 17 amended 10 Subsection 17(2) is amended by striking out “

Part III does ” and substituting “Parts III and V.1 do”.

Section 22 amended 11(1) Subclause 22(2)(b)(

i) is amended by striking out “ shall” and substituting “may”.

(2) The following subsection is added after subsection 22(2): “

(2.1) If the certificates mentioned in clause (2)(

a) are complete and regular on their face and the justice does not enter a conviction, the justice shall provide written reasons for the decision”. New

section 25 12

Section 25 is repealed and the following substituted: “Maximum penalty for offence notice 25 Notwithstanding any other Act or regulation but subject to

section 31 of this Act, if proceedings have been commenced pursuant to

Part IV with respect to an offence, the offender is not liable to imprisonment: (

a) as a sentence; or (

b) in the event that a fine is in default or the offender fails to satisfactorily complete the fine option program within the time allowed pursuant to the regulations”.

Section 27 amended 13

Section 27 is amended by striking out “ subsections 10(6), 11(5) ” and substituting “subsection 10(6)”.

Section 28 amended 14 Clause 28(2)(

b) is amended by striking out “ The Victims of Crime Act ” and substituting “The Victims of Crime Act, 1995 ”.

Section 29 amended 15(1) Subsection 29(2) is repealed and the following substituted: “

(2) An offender may be imprisoned in accordance with subsection (2.1) if: (

a) proceedings have been commenced: (

i) by information pursuant to the Criminal Code; or (ii) under

Part III; (

b) a justice does not direct imprisonment; and (

c) the fine is in default or the offender fails to satisfactorily complete the fine option program within the time allowed pursuant to the regulations.

SUMMARY OFFENCES PROCEDUREc.01 2005 4 4 “

(2.1) The period, in days, that an offender shall be imprisoned for is the lesser of: (

a) a fraction, rounded down to the nearest whole number of which: (

i) the numerator is the unpaid amount of the fine; and (ii) the denominator is equal to eight times the provincial minimum hourly wage at the time of default; and (b) 90 days. “

(2.2) If the length of imprisonment of an offender has been calculated pursuant to subsection (2), as that subsection existed before the coming into force of

section 15 of The

Summary Offences Procedure Amendment Act, 2005, and the offender is still imprisoned on the date that

section 15 of that Act comes into force, the length of imprisonment of that offender shall be recalculated in accordance with subsection (2.1) as that subsection is enacted by

section 15 of The

Summary Offences Procedure Amendment Act, 2005 ”. (2) Subsection 29(3) is amended by striking out “ subsection (2) ” and substituting “subsection (2.1)”.

Section 30 amended 16 Subsection 30(4) is amended by striking out “ The Victims of Crime Act” and substituting “The Victims of Crime Act, 1995 ”.

Section 32 amended 17 Subclause 32(3)(a)(ii) is amended by striking out “ The Victims of Crime Act ” and substituting “The Victims of Crime Act, 1995 ”. New

Part V.1 18(1) The following

Part is added after

Part V: “PART V.1 Parking Offences “DIVISION 1

Interpretation “Interpretation of

Part 32.5 In this Part: (a) ‘financing statement’ means a financing statement as defined in The Personal Property Security Act, 1993; (b) ‘lien’ means a lien on a vehicle pursuant to

section 32.81; (c) ‘parking offence’ means any unlawful parking or stopping of a vehicle that constitutes an offence pursuant to a bylaw; (d) ‘Personal Property Registry’ means the Personal Property Registry continued pursuant to The Personal Property Security Act, 1993; (e) ‘purchase-money security interest’ means a purchase-money security interest as defined in The Personal Property Security Act, 1993;

SUMMARY OFFENCES PROCEDURE2005 c.01 5 5 (f) ‘vehicle’ means a motor vehicle or a vehicle as defined in The Highway Traffic Act; (g) ‘vehicle owner’ means the owner of a motor vehicle as defined in The Vehicle Administration Act , and includes the person operating the vehicle at the time of the parking offence. “DIVISION 2 Parking Summons “Use of parking summons 32.51(1) Proceedings pursuant to this Division may be commenced by using a parking summons.

(2) Parts III and IV do not apply to proceedings commenced pursuant to this Part. “Parking summons 32.52(1) A parking summons issued pursuant to this

Part is required to include: (

a) a certificate of offence in accordance with subsection (2); and (

b) a summons in accordance with subsection (3).

(2) A certificate of offence must include: (

a) the particulars of the parking offence; and (

b) a certificate of service.

(3) A summons must: (

a) set out the particulars of the offence; (

b) indicate how the vehicle owner may respond to the summons; and (

c) indicate that the vehicle owner may be convicted in his or her absence, without a hearing, if he or she fails to respond to the parking summons by the date set out on the parking summons. “ Service of summons 32.53 The summons may be served by ordinary mail to the vehicle owner’s address as shown on the records of the administrator as defined in The Vehicle Administration Act. “Appearances 32.6(1) Subject to subsection (2), the vehicle owner shall appear, either personally or by an agent, before a justice on the court appearance date and at the place stated on the summons: (

a) to answer that summons; (

b) to enter a plea; and (

c) in the case of a plea of not guilty, to obtain a date for trial.

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(2) A vehicle owner is not required to appear before a justice on the court appearance date to answer a summons: (

a) if: (

i) the regulations or a bylaw authorize a voluntary payment of a specified penalty sum to be made for the offence; (ii) the summons states that the vehicle owner may make the voluntary payment; and (iii) the vehicle owner pays the specified penalty sum before the court appearance date; (

b) if: (

i) the summons provides that a vehicle owner may enter a plea before the trial date; and (ii) the vehicle owner enters a plea of not guilty and obtains a date for trial before the court appearance date in the manner and during the period indicated on the summons for doing so; or (

c) if the vehicle owner obtains an adjournment of the proceedings before the court appearance date. “ Failure to appear 32.61(1) A vehicle owner is deemed not to wish to dispute the charge if: (

a) the vehicle owner pleads not guilty pursuant to

section 32.6 but fails to appear in court in person or by an agent on the trial date; or (

b) the vehicle owner obtains an adjournment of the proceedings but fails to appear in court in person or by an agent on the adjournment date.

(2) In the circumstances described in subsection (1), a justice shall examine: (

a) the certificate of offence; (

b) the certificate of service; and (

c) the certificate from the authority with respect to the ownership of the vehicle.

(3) If the certificates mentioned in subsection (2) are complete and regular on their face, the justice may, without a hearing, enter a conviction in the vehicle owner’s absence and impose the specified penalty sum.

(4) If the certificates mentioned in subsection (2) are complete and regular on their face and the justice does not enter a conviction, the justice shall provide written reasons for the decision.

(5) If the certificates mentioned in subsection (2) are not complete and regular on their face, the justice may: (

a) quash the proceedings; or (

b) on application by a prosecutor, allow any defects, if they are minor, to be corrected, and, without a hearing, enter a conviction in the vehicle owner’s absence and impose the specified penalty sum.

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(6) If a vehicle owner is convicted pursuant to this section, the authority shall give the vehicle owner written notice of: (

a) the conviction; (

b) the amount of the fine imposed; and (

c) the time allowed for payment of the fine.

(7) The notice mentioned in subsection (6) is to be served in the manner set out in

section 32.53. “ Guilty plea 32.62(1) If the vehicle owner does not wish to dispute the charge but wishes to make submissions to a justice respecting the penalty, including the extension of time for payment, the vehicle owner may appear on the court appearance date set out in the summons to plead guilty and make submissions respecting the penalty.

(2) The justice may require submissions for the purposes of this

section to be made under oath, either orally or by affidavit.

(3) After hearing any submission respecting the p