Bill 20, Red Light Camera Act, 1998

Versions

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 of 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;

(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.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.