Bill 136 2010

An Act to amend the Highway Traffic Act with respect to safety cameras

Note:  This Act amends the Highway Traffic Act.  For the legislative history of the Act, 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.  Subsection 7 (11.1) of the Highway Traffic Act is repealed and the following substituted:

No permit when safety camera fine unpaid

   (11.1)  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 safety camera, 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 13 (3) of the Act is amended by striking out "photo-radar system" at the end and substituting "safety camera".

   3.  Subsection 128 (8) of the Act is repealed and the following substituted:

Construction zones

   (8)  An official of the Ministry authorized by the Minister in writing shall, with respect to every part of the King's Highway that is under construction, designate that part of the King's Highway as a construction zone, and every construction zone designated under this subsection shall be marked by signs in accordance with the regulations.

   4.  The heading immediately before section 205.1 of the Act is repealed and the following substituted:

PART XIV.1 Safety Cameras And Safety Camera Evidence

   5.  Subsection 205.1 (1) of the Act is repealed and the following substituted:

Safety cameras, non-municipal highways

   (1)  The Minister may require that a safety camera is used in any construction zone designated under subsection 128 (8) and any community safety zone designated under subsection 214.1 (2).

Safety cameras, municipal highways

   (1.1)  The council of a municipality may by by-law require that a safety camera is used in any construction zone that the municipality designates under subsection 128 (8.1) and any community safety zone that the municipality designates under subsection 214.1 (1).

Use of safety cameras

   (1.2)  A safety camera that is required to be used under subsection (1) or (1.1) shall be used in accordance with the regulations.

Safety camera evidence

   (1.3)  Subject to subsection (2), a photograph obtained through the use of a safety camera is admissible in evidence in a proceeding under the Provincial Offences Act respecting an alleged offence under section 128 of this Act if the alleged offence was committed within a construction zone designated under subsection 128 (8) or (8.1), a community safety zone designated under subsection 214.1 (1) or (2) or any other area of Ontario designated by the regulations.

   6.  Section 205.2 of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   7.  (1)  Subsection 205.3 (1) of the Act is amended by striking out "photo-radar system" at the end and substituting "safety camera".

   (2)  Subsection 205.3 (2) of the Act is amended by striking out "photo-radar system" at the end and substituting "safety camera".

   (3)  Subsection 205.3 (3) of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   8.  Section 205.6 of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   9.  (1)  Subsection 205.8 (1) of the Act is amended by striking out "photo-radar system" at the end and substituting "safety camera".

   (2)  Subsection 205.8 (2) of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   10.  Subsection 205.9 (1) of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   11.  Clause 205.10 (2) (a) of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   12.  Section 205.12 of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   13.  (1)  Subsection 205.13 (3) of the Act is amended by striking out "photo-radar system" at the end and substituting "safety camera".

   (2)  Subsection 205.13 (4) of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   14.  Section 205.14 of the Act is repealed and the following substituted:

Regulations, safety cameras and safety cameras evidence

   205.14  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing what constitutes a safety camera;

  (b)  governing the use of safety cameras for the purposes of subsection 205.1 (1.2);

   (c)  designating areas of Ontario for the purposes of subsection 205.1 (1.3);

  (d)  prescribing what constitutes evidence of ownership of a vehicle for purposes of this Part;

  (e)  prescribing what constitutes a photographic equivalent of a photograph for the purposes of section 205.6;

    (f)  prescribing the form of certificate that a conviction has been struck out.

   15.  Part XIV.1 of the Act is amended by adding the following section:

Exemption, demerit point system

   205.14.1  No demerit points shall be recorded in respect of a person who is convicted of an offence under section 128 of this Act if the conviction is based on a photograph obtained through the use of a safety camera.

   16.  (1)  Subsection 207 (6) of the Act is repealed and the following substituted:

Owner liability, safety camera evidence

   (6)  The owner of a motor vehicle shall not be charged as an owner with an offence under section 128 unless the evidence of the offence is obtained through the use of a safety camera.

   (2)  Subsection 207 (7) of the Act is amended by striking out "photo-radar system" and substituting "safety camera".

   17.  Subsections 214.1 (1) and (2) of the Act are repealed and the following substituted:

Community safety zones, municipal highways

   (1)  The council of a municipality may by by-law designate a part of a highway under its jurisdiction as a community safety zone if,

  (a)  in the council's opinion, public safety is of a special concern on that part of the highway; or

  (b)  that part of the highway adjoins or is adjacent to land on which a school, schoolyard, daycare, se-niors' residence, community centre or playground is located.

Community safety zones, non-municipal highways

   (2)  The Minister of Community Safety and Correctional Services may by regulation designate a part of a provincial highway or of any highway that is not under the jurisdiction of a municipality as a community safety zone if,

  (a)  in his or her opinion, public safety is of a special concern on that part of the highway; or

  (b)  that part of the highway adjoins or is adjacent to land on which a school, schoolyard, daycare, se-niors' residence, community centre or playground is located.

Commencement

   18.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   19.  The short title of this Act is the Highway Traffic Amendment Act (Safety Cameras), 2010.

 

EXPLANATORY NOTE

The Bill authorizes the Minister and municipal councils to require the use of safety cameras in construction zones and community safety zones. 

Section 205.14.1 is added to the Act to create an exemption from the demerit point system for persons who are convicted of an offence based on safety camera evidence. 

The Bill amends subsections 214.1 (1) and (2) of the Act to provide that a highway or a part of a highway may be designated as a community safety zone if the highway adjoins or is adjacent to land on which a school, schoolyard, daycare, seniors' residence, community centre or playground is located.

The Bill changes all references to photo-radar systems in the Act to safety cameras.