Red Light Camera Act, 1998 Colle, Mike — Bill 20 (36th Parliament, 2nd Session)

Bill 20, 36-2

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Bill 20, Red Light Camera Act, 1998

Colle, Mike

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[36] Bill 20 Original (PDF)

B020_E

Bill 20 1998

An Act to amend the Highway Traffic Act to improve Safety at Highway

Intersections by providing for the installation and use of Red Light

Cameras

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, as

enacted by the Statutes of Ontario, 1993,

chapter 31,

section 2, is amended

by inserting "or a red light camera as defined in

section 205.15" after

"photo-radar system" in the fourth line.

2. The Act is amended by adding the following Part:

PART XIV.2

RED LIGHT CAMERAS

Definition

205.15 In this Part,

traffic control signal" means a traffic control signal as defined in

section 133; ("signalisation de la circulation")

red light camera" means a camera prescribed by regulation that is capable

of photographing or capturing one or more images of a motor vehicle and of

accurately and simultaneously recording data related to the motor vehicle and

a traffic control signal. ("dispositif photographique de feu rouge")

Installation of red light camera

205.16

(1) A municipality may pass a by-law approving the

installation of a red light camera at the intersection of two or more

highways situated in the municipality.

Same, prohibition

(2) A red light camera shall not be installed at the intersection of two

or more highways unless the municipality within which the intersection is

situated approves the installation in accordance with subsection (1).

Same

(3) A municipality shall not approve the installation of a type of red

light camera other than a type of red light camera that is prescribed by

regulation.

Same

(4) A municipality shall ensure that a red light camera is installed,

used, operated and maintained in accordance with the regulations.

Prohibition of obstruction of camera

(5) No person shall obstruct or otherwise interfere with the installation

or operation of a red light camera.

Confidentiality of information

(6) Any information relating to a person that is gathered by means of a

red light camera is personal information for the purposes of the

Municipal Freedom of Information and Protection of Privacy Act and

shall not be used or disclosed except in accordance with that Act.

Red light camera evidence

205.17

(1) A photograph that was obtained through the use

of a red light camera and that meets the conditions set out in subsection

(2) is admissible in evidence in a proceeding under the Provincial Offences

Act in respect of an alleged contravention of

section 144 or 146.

Conditions

(2) The photograph referred to in subsection (1) shall meet the following

conditions:

1. It must clearly show the vehicle and the number plate displayed on the

vehicle.

2. It must indicate the prescribed information relating to the

contravention of

section 144 or 146.

Photograph as proof

(3) In the absence of evidence to the contrary, the photograph referred to

in subsection (1) is proof that the vehicle was involved in a contravention

section 144 or 146, as the case may be.

Photograph to be admitted

(4) No person shall be convicted of an offence on the basis of the

photograph referred to in subsection (1) unless the photograph is admitted in

evidence at trial.

Application

205.18

Section 205.3 to 205.13 apply with necessary

modifications in respect of proceedings based on evidence obtained through

the use of a red light camera if the proceedings are commenced by filing a

certificate of offence under

Part I of the Provincial Offences

Act .

Municipalities to collect fines

205.19

(1) Subject to the regulations, a municipality

authorized to do so by the regulations shall collect and retain the fines

levied for convictions in respect of contraventions of

section 144 or 146 if

the convictions were based on evidence obtained through the use of a red

light camera the installation of which was approved by the municipality.

Use of collected fines

(2) A municipality that collects fines under subsection (1) shall use the

fines only for the purpose of installing, operating or maintaining red light

cameras or for other purposes relating to traffic safety including, the

installation, maintenance or replacement of traffic signs at highway

intersections and public education programs.

Notice to municipality

(3) If a conviction is entered in respect of a contravention of

section

144 or 146 based on evidence obtained through the use of a red light camera

the installation of which was approved by a municipality, the clerk of the

court shall give notice of the conviction to the clerk of the

municipality.

Notice of fine

(4) If the clerk of a municipality receives notice of a conviction, the

clerk or the person designated by the clerk shall give notice to the person

against whom the conviction is entered, in the prescribed form, setting out

the date and place of the infraction, the date of the conviction and the

amount of the fine.

If default

(5) If the fine is in default, the clerk of the municipality may send

notice to the person designated by the regulations certifying that it is in

default.

Regulations

205.20 The Lieutenant Governor in Council may make

regulations,

(

a) prescribing types of red light cameras;

(

b) respecting the installation, use, operation and maintenance of a red

light camera;

(

c) prescribing information for the purposes of paragraph 2 of subsection

205.17 (2);

(

d) prescribing what constitutes evidence of ownership of a vehicle for

the purposes of the application

section 205.4 to this Part;

(

e) prescribing what constitutes a photographic equivalent of a photograph

for the purposes of the application of

section 205.6 to this Part;

(

f) prescribing anything that is required to be prescribed under this

Part;

(

g) authorizing Ontario to pay allowances to municipalities that are

authorized to collect fines under this Part, providing for the payment of

those allowances from the court costs received in connection with the fines

levied under this Part and fixing the amount of the allowance;

(

h) designating the municipalities that are authorized to collect and

retain fines for the purposes of subsection 205.19 (1), authorizing them to

retain the allowances referred to in clause (

g) and requiring them to remit

the remainder of the court costs to Ontario.

3. (1) Clause 207 (2) (

b) of the Act, as re-enacted by the

Statutes of Ontario, 1993,

chapter 31,

section 2, is amended by striking out

"sections 129 to 168" in the first line and substituting "sections 129 to

143,

section 145,

section 147 to 168".

(2) Subsection 207 (6) of the Act, as enacted by the Statutes of

Ontario, 1993,

chapter 31,

section 2, is amended by striking out "section

128" in the third line and substituting "section 128, 144 or 146" and by

adding "or a red light camera as defined in

section 205.16" at the

end.

(3) Subsection 207 (7) of the Act, as enacted by the Statutes of

Ontario, 1993,

chapter 31,

section 2, is amended by striking out "section

128" in the second line and substituting "section 128, 144 or 146" and by

inserting "or a red light camera as defined in

section 205.16" after

"photo-radar system" in the third and fourth lines.

Commencement

4. This Act comes into force on the day it receives Royal

Assent.

Short title

5. The

short title of this Act is the Red Light Camera Act,

1998 .

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

June 22, 1998

Consideration of a Bill

Standing Committee on Social Development

June 4, 1998

Ordered referred to Standing Committee

Standing Committee on Social Development

June 4, 1998

Second Reading

Carried

May 12, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 20, 36-2
Type	bill
Volume / chapter	p36 s2 bill 20 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	ccd0744e21b6b9b2583fea600d5d3875ab8bd8e9

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