Highway Traffic Statute Law Amendment Act, 2013 Murray, Hon. Glen R. Minister of Transportation — Bill 34 (40th Parliament, 2nd Session)

Bill 34, 40-2

Ontario — Bills

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Bill 34, Highway Traffic Statute Law Amendment Act, 2013

Murray, Hon. Glen R. Minister of Transportation

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[40] Bill 34 Original (PDF)

Bill 34 2013

Act to amend the Highway Traffic Act in respect of permit denials and out-of-province

service and evidence in certain proceedings and to make a consequential

amendment to the Provincial Offences Act

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, 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. (1) Subsections

7 (10) to (12) of the Highway Traffic Act are

repealed and the following substituted:

permit when fines unpaid re specified offences

(10) If the payment of a fine imposed on conviction for an

offence described in subsection (11) is in default, an order or direction may

be made under

section 69 of the Provincial Offences Act

directing that,

(

a) a

permit held by the convicted person not be validated until the fine is paid;

and

(

b) no

permit be issued to the convicted person until the fine is paid.

Same,

specified offences

(11) The following are the offences referred to in

subsection (10):

1. A

parking infraction.

2. An

offence under subsection 39.1 (2).

3. An

offence where the conviction is based on evidence obtained through the use of a

photo-radar system.

4. An

offence where the conviction is based on evidence obtained through the use of a

red light camera system.

5. An

offence under subsection 175 (19) or (20).

Same,

validation of more than one permit

(12) For the purposes of clause (10) (a), if a

person holds more than one permit, the order or direction may apply, at any

given time, to prevent validation of only one of the permits.

permit when fines unpaid re s. 46 (1) offences

(12.0.1) If the payment of a fine imposed on conviction

for an offence described in subsection 46 (1) (other than an offence described

in subsection (11)) is in default, an order or direction may be made under

section 69 of the Provincial Offences Act directing

that,

(

a) no

permit held by the convicted person be validated until the fine is paid; and

(

b) no

permit be issued to the convicted person until the fine is paid.

(2) Subsection 7 (24) of the Act is amended by adding the

following clause:

(n.1) providing

for exemptions from the application of orders or directions made under

section

69 of the Provincial Offences Act pursuant to

subsection (12.0.1), including exemptions from all or part of an order or

direction and providing for conditions or limitations on exemptions;

(3) Section 7 of the Act is amended by adding the

following subsection:

Application

of subss. (10) and (12.0.1)

(25) Subject to any exemptions in the regulations,

subsections (10) and (12.0.1) apply with respect to an offence even if the

offence, conviction, imposition of the fine or default of payment of the fine

occurred before those subsections, as enacted by subsection 1 (1) of the Highway Traffic Statute Law Amendment Act, 2013 , come

into force.

2. Clause

175 (15) (

i) of the Act is amended by adding "authorizing service outside Ontario and" after "including".

3. Clause

205.25 (

f) of the Act is amended by adding "authorizing service outside Ontario and" after "including".

4. The

Act is amended by adding the following section:

Out-of-province

evidence re vehicle ownership

210.1

(1) A

document or copy of a document certified by a provincial offences officer as

having been obtained from the government of any province or territory of Canada

or from the government of a state of the United States of America, or from a

person or entity authorized by any such government to keep records of vehicle

permits, number plates or other evidence of vehicle ownership in that

jurisdiction, shall be received in evidence in all courts, without proof of the

provincial offences officer's signature, of the manner of his or her obtaining,

preparing or certifying the document or copy or of the origin of the document

or copy, and is proof, in the absence of evidence to the contrary, of the facts

contained in the document or copy in the following proceedings:

1. A

proceeding relating to the parking, standing or stopping of a vehicle contrary

to any Act, regulation or by-law.

2. A

proceeding relating to a contravention of subsection 175 (19) or (20).

3. A

proceeding that is based on evidence obtained through the use of a red light

camera system.

Certificate

(2) The certificate described in subsection (1) must be

signed by the provincial offences officer who obtained the document or copy of

the document from a government, person or entity described in that subsection

and attached to the document or copy.

Signature

(3) The signature of the provincial offences officer on

the certificate may be an original signature or an engraved, lithographed,

printed or otherwise mechanically or electronically reproduced signature or

facsimile signature.

Information

re officer's position

(4) The certificate must indicate the clause in the

definition of "provincial offences officer" in subsection 1 (1) of the Provincial Offences Act that describes the provincial

offences officer's position as a provincial offences officer and, if his or her

position is described in clause (

f) of that definition, a copy of the

designation must be reproduced in or attached to the certificate.

Evidence

attached to certificate of offence, certificate of parking infraction

(5) Despite subsections (2) and (4), where evidence of the

ownership of a vehicle obtained as described in subsection (1) is attached to a

certificate of offence or to a certificate of parking infraction,

(

a) the

certificate that is required by subsection (1) may be attached to the

certificate of offence or to the certificate of parking infraction or filed as

a separate document; and

(

b) the

copy of the provincial offences officer's designation that is required by

subsection (4) to be reproduced in or attached to the certificate that is

required by subsection (1) may be attached to the certificate of offence or to

the certificate of parking infraction or filed as a separate document.

5. Subsection

69 (4) of the Provincial Offences Act is repealed

and the following substituted:

Highway Traffic Act restriction

(4) Orders or directions made under this

section pursuant to

section 7 of the Highway Traffic Act

are subject to subsection 7 (12) of that Act and any regulations made under

section 7 of that Act.

Commencement

6. This

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

Governor.

Short

title

7. The

short title of this Act is the Highway Traffic Statute Law

Amendment Act, 2013 .

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act with respect to

permit denials in response to unpaid fines and out-of-province service and

evidence of vehicle ownership in certain proceedings.

Current

subsections

7 (10) to (12) of the Highway Traffic Act address the refusal to validate

or issue a permit where payment of a fine imposed on conviction of certain

specified offences is in default. These subsections are re-enacted to provide

that a refusal to validate a permit only applies in respect of one permit held

by the convicted person at any given time . New subsection 7

(12.0.1) of the Act provides that if a person is in default of payment of a

fine imposed for an offence described in subsection 46 (1) of the Act, no

permit held by that person shall be validated and no permit shall be issued to

that person until the fine is paid. New clause 7 (24) (n.1) of the Act

authorizes regulations to be made that provide for exemptions from the

application of subsection 7 (12.0.1). A consequential amendment is made to the

Provincial Offences Act .

The

amendments to clauses 175 (15) (

i) and 205.25 (

f) of the Act authorize the

service of offence notices outside Ontario on vehicle owners for failing to

stop for a school bus and in proceedings based on evidence obtained from a red

light camera system.

New

section 210.1 of the Act permits documents obtained from other provinces,

territories and states of the United States in respect of vehicle ownership and

certified by an Ontario provincial offences officer to be admissible in

evidence as proof of vehicle ownership in proceedings relating to the parking,

standing or stopping of a vehicle, in proceedings against the owner of a

vehicle for failing to stop for a school bus and in proceedings based on

evidence obtained from a red light camera system.

Date Bill stage Activity Committee

October 23, 2013

Second Reading

Debate

April 16, 2013

Second Reading

Debate

April 10, 2013

Second Reading

Debate

March 20, 2013

First Reading

Carried

Debates and Progress

First Reading

March 20, 2013

Minister's Statement and Jack MacLaren and Cindy Forster

Committee

Second Reading

April 10, 2013

Principal Debaters:

Hon. Glen R. Murray, Mr. Kevin Daniel Flynn

Questions and Comments:

Mr. Rick Nicholls, Mr. Michael Mantha, Hon. Jeff Leal, Mr. John O'Toole

April 16, 2013

Principal Debaters:

Mr. Frank Klees

Questions and Comments:

Ms. Cindy Forster, Hon. Glen R. Murray, Mr. Steve Clark, Ms. Teresa J. Armstrong

October 23, 2013

Principal Debaters:

Ms. Forster

Questions and Comments:

Hon. Yasir Naqvi, Mr. Jack MacLaren, Ms. Peggy Sattler, Hon. Glen R. Murray

Committee

Third Reading

Royal Assent

Acts affected - Bill 34

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

Provincial Offences Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 34, 40-2
Type	bill
Volume / chapter	p40 s2 bill 34 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d7e6d44dc45b1b4f07da20694c15535ffc7cc6c8

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