[36] Bill 102 Original (PDF)
B102_E
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Bill 102 1998
An Act to amend the Highway Traffic Act to permit pilot projects relating to 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. (1) Section 7 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1992, chapter 20, section 2, 1993, chapter 8, section 1, 1993, chapter 27, Schedule, 1993, chapter 31, section 2 and 1994, chapter 27, section 138, is further amended by adding the following subsection:
No permit when red light camera fine unpaid
(11.2) If an owner of a vehicle is in default of payment of a fine imposed for a conviction based on evidence obtained through the use of a red light camera system, an order or direction may be made under section 69 of the Provincial Offences Act directing that,
(a) if the owner holds a permit, validation of that owner's permit be refused until the fine is paid; or
(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid.
(2) Subsection 7 (12) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is amended by striking out "subsection (10) or (11.1)" in the third and fourth lines and substituting "subsection (10), (11.1) or (11.2)".
(3) On the day Part XIV.2 of the Act is repealed under section 7 of this Act,
(a) subsection 7 (11.2) of the Act, as enacted by subsection (1) of this section, is repealed; and
(b) subsection 7 (12) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 31, section 2 and amended by subsection (2) of this section, is further amended by striking out "subsection (10), (11.1) or (11.2)" and substituting "subsection (10) or (11.1)".
2. (1) Section 13 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, 1994, chapter 27, section 138 and 1996, chapter 1, Schedule E, section 2, is further amended by adding the following subsection:
Same
(3.0.1) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system.
(2) Subsection 13 (4) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2 and amended by 1996, chapter 1, Schedule E, section 2, is further amended by striking out "subsection (2), (3) or (3.1)" in the amendment of 1996 and substituting "subsection (2), (3), (3.0.1) or (3.1)".
(3) On the day Part XIV.2 of the Act is repealed under section 7 of this Act,
(a) subsection 13 (3.0.1) of the Act, as enacted by subsection (1) of this section, is repealed; and
(b) subsection 13 (4) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2 and amended by 1996, chapter 1, Schedule E, section 2 and subsection (2) of this section, is further amended by striking out "subsection (2), (3), (3.0.1) or (3.1)" and substituting "subsection (2), (3) or (3.1)".
3. (1) Section 144 of the Act, as amended by the Statutes of Ontario 1994, chapter 27, section 138, 1996, chapter 33, section 14 and 1998, chapter 5, section 26, is further amended by adding the following subsections:
Certificate of offence - owner - red light camera evidence
(18.1) A person who issues a certificate of offence and offence notice under subsection 3 (2) of the Provincial Offences Act for a contravention of subsection (18) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (18), as the provision that was contravened, if,
(a) the person who issues the certificate of offence and offence notice believes that the offence was committed on the basis of evidence obtained through the use of a red light camera system; and
(b) the defendant is being charged as the owner of the vehicle.
Certificate of offence - driver - red light camera evidence
(18.2) A person who issues a certificate of offence and offence notice under subsection 3 (2) of the Provincial Offences Act for a contravention of subsection (18) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (18), as the provision that was contravened, if,
(a) the person who issues the certificate of offence and offence notice believes that the offence was committed on the basis of evidence obtained through the use of a red light camera system; and
(b) the defendant is being charged as the driver of the vehicle.
Deemed to specify subs. (18)
(18.3) A certificate of offence or offence notice that specifies subsection (18.1) or (18.2) as the provision that was contravened shall be deemed to specify that subsection (18) was contravened.
No dismissal
(18.4) No charge shall be dismissed, and no certificate of offence shall be quashed, on the basis that a certificate of offence or offence notice specifies subsection (18.1) or (18.2), instead of subsection (18), as the provision that was contravened.
No amendment
(18.5) A certificate of offence that specifies subsection (18), (18.1) or (18.2) as the provision that was contravened shall not be amended to specify another of those subsections without the consent of the prosecutor and the defendant.
Purpose of subss. (18.1) to (18.5)
(18.6) The purpose of subsections (18.1) to (18.5) is to facilitate the use of computer systems that are maintained by the Government of Ontario for recording and processing information related to provincial offences and that depend, in order to make certain distinctions, on different provision numbers being specified in certificates of offences.
(2) On the day Part XIV.2 of the Act is repealed under section 7 of this Act, subsections 144 (18.1), (18.2), (18.3), (18.4), (18.5) and (18.6) of the Act, as enacted by subsection (1) of this section, are repealed.
4. The Act is amended by adding the following Part:
PART XIV.2
RED LIGHT CAMERA SYSTEM EVIDENCE
Red light camera system evidence
205.15 (1) Subject to subsection (2), a photograph obtained through the use of a red light camera system shall be received in evidence in a proceeding under the Provincial Offences Act respecting an alleged offence under subsection 144 (18) of the Highway Traffic Act if the alleged offence was committed within an area of Ontario designated by the regulations.
Form and content
(2) The photograph must comply with the requirements of the regulations made under clause 205.25 (d).
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 red light 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 red light 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 red light camera system is proof that,
(a) information shown or superimposed on the photograph that was authorized or required by a regulation made under clause 205.25 (d) is true; and
(b) the vehicle and its driver did not stop and the vehicle and its driver proceeded before a green indication was shown, contrary to subsection 144 (18).
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 red light camera system unless the photograph is tendered in evidence at trial.
Application
205.16 Sections 205.17 to 205.24 apply in respect of proceedings based on evidence obtained through the use of a red light camera system if the proceedings are commenced by filing a certificate of offence under Part I of the Provincial Offences Act.
Provincial Offences Act, Part I
205.17 (1) No summons shall be issued under clause 3 (2) (b) of the Provincial Offences Act in proceedings based on evidence obtained through the use of a red light camera system.
Application of certain provisions
(2) Sections 5.2, 6, 9, 9.1 and 11 of the Provincial Offences Act do not apply to proceedings based on evidence obtained through the use of a red light camera system.
Service of offence notice
(3) An offence notice issued in proceedings based on evidence obtained through the use of a red light camera system may be served in accordance with the regulations, in which case subsections 3 (3) to (7) of the Provincial Offences Act do not apply.
Certificate of service
(4) If the provincial offences officer who issues the certificate of offence also serves the offence notice, that officer shall certify, on the certificate of offence, the fact that he or she took the steps authorized by the regulations to serve the offence notice and the date those steps were taken.
Evidence
(5) A certificate referred to in subsection (4) purporting to be signed by the provincial offences officer who issued it shall be received in evidence and is proof of service in the absence of evidence to the contrary.
Evidence of ownership
205.18 Evidence of ownership of the vehicle involved in the alleged offence may be contained in the certificate of offence or it may be set out in a separate document.
Failure to respond
205.19 (1) If 15 days have elapsed after a defendant is served with an offence notice charging the defendant with a contravention of subsection 144 (18) and the defendant has not given notice of intention to appear, pleaded guilty or made a payment out of court, as provided by section 5, 5.1, 7 or 8 of the Provincial Offences Act, the defendant shall be deemed not to dispute the charge.
Examination by justice
(2) If subsection (1) applies, a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant's absence and impose the set fine for the offence if the certificate is complete and regular on its face.
Quashing proceeding
(3) The justice shall quash the proceeding if he or she is not able to enter a conviction.
Challenge to officer's evidence
205.20 (1) The provincial offences officer who used the evidence obtained through the use of a red light camera system to identify the owner or driver of the vehicle involved in the alleged offence and who issued the offence notice and certificate of offence shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act.
Same
(2) A provincial offences officer who certifies that a photograph was obtained through the use of a red light camera system shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act.
Summons
(3) No summons shall be issued to a provincial offences officer referred to in subsection (1) or (2) unless a justice is satisfied that the defendant will not be able to have a fair trial if the officer is not required to give oral evidence.
Certificate evidence
205.21 (1) The certified statements in a certificate of offence are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it.
Where statements not proof
(2) Subsection (1) does not apply to the statements setting out the evidence of an officer referred to in subsection 205.20 (1) in respect of whom a summons has been issued.
Failure to appear at trial
205.22 (1) If a defendant who has given notice of an intention to appear fails to appear at the time and place appointed for the trial, the defendant shall be deemed not to dispute the charge.
Examination by justice
(2) If subsection (1) applies, section 54 of the Provincial Offences Act does not apply, and a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant's absence and impose the set fine for the offence if the certificate is complete and regular on its face.
Quashing proceeding
(3) The justice shall quash the proceeding if he or she is not able to enter a conviction.
Reopening
205.23 (1) If a defendant who has been convicted without a hearing attends at the court office during regular office hours within 15 days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered.
If conviction struck out
(2) If the justice strikes out the conviction, he or she shall give the defendant and the prosecutor a notice of trial or proceed under section 7 of the Provincial Offences Act.
Certificate
(3) A justice who strikes out a conviction under subsection (1) shall give the defendant a certificate of the fact in the prescribed form.
Limitation on penalty: owner
205.24 (1) An owner of a motor vehicle convicted, as an owner, of an offence under subsection 144 (18) on the basis of evidence obtained through the use of a red light camera system is not liable to,
(a) a driver's licence suspension under section 46 as a result of default in payment of a fine resulting from that conviction; or
(b) imprisonment or a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction.
Same: driver
(2) A driver of a motor vehicle convicted, as a driver, of an offence under subsection 144 (18) on the basis of evidence obtained through the use of a red light camera system is not liable to imprisonment or a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction.
Regulations
205.25 The Lieutenant Governor in Council may make regulations,
(a) defining "photograph" for the purposes of this Part;
(b) prescribing what constitutes a red light camera system;
(c) designating areas of Ontario for purposes of subsection 205.15 (1);
(d) governing the form and content of photographs for the purposes of subsection 205.15 (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;
(e) governing the filing of photographs in court for the purposes of this Part;
(f) governing the service of offence notices issued in proceedings based on evidence obtained through the use of red light camera systems, including deeming service to have been effected on a date determined in accordance with the regulations;
(g) prescribing what constitutes evidence of ownership of a vehicle or evidence of the identity of a driver for purposes of this Part;
(h) prescribing the form of certificate that a conviction has been struck out.
5. (1) Clause 207 (2) (b) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is repealed and the following substituted:
(b) sections 129 to 143, subsections 144 (1) to (17), subsections 144 (19) to (32), sections 145 to 168 or section 172, 175, 176, 182 or 199.
(2) Section 207 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, is further amended by adding the following subsection:
When owner liable
(8) The owner of a motor vehicle shall not be charged as an owner with an offence under subsection 144 (18) unless the evidence of the offence is obtained through the use of a red light camera system in an area designated for the purposes of subsection 205.15 (1).
(3) On the day Part XIV.2 of the Act is repealed under section 7 of this Act, clause 207 (2) (b) of the Act, as re-enacted by subsection (1) of this section, is repealed and the following substituted:
(b) sections 129 to 168 or section 172, 175, 176, 182 or 199.
(4) On the day Part XIV.2 of the Act is repealed under section 7 of this Act, subsection 207 (8) of the Act, as enacted by subsection (2) of this section, is repealed.
6. Section 210 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, is further amended by adding the following subsection:
Definition
(14) In this section, "
document" includes a photograph.
7. (1) Part XIV.2 of the Act, as enacted by section 4, is repealed on the second anniversary of the day section 4 comes into force.
(2) Despite subsection (1), the Act, as it read before Part XIV.2 of the Act was repealed, continues to apply to proceedings in respect of offences that occurred before Part XIV.2 of the Act was repealed.
Commencement
8. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
9. The short title of this Act is the Red Light Cameras Pilot Projects Act, 1998.
EXPLANATORY NOTE
The Bill would permit evidence obtained from red light cameras to be used for a period of two years in areas designated by regulation for the purpose of enforcing subsection 144 (18) of the Highway Traffic Act (failing to stop at a red light or proceeding before the light turns green).
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.