Bill 131 2012

An Act to amend the Highway Traffic Act and the Provincial Offences Act with respect to red light camera system evidence

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.  Subsections 205.17 (3) and (4) of the Highway Traffic Act are repealed and the following substituted:

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 subsections (3.1) to (3.6), in which case subsections 3 (3) to (7) of the Provincial Offences Act do not apply.

Service by mail

   (3.1)  An offence notice may be served by sending it by regular prepaid mail to the person charged within 23 days after the occurrence of the alleged offence.

Same

   (3.2)  Subject to subsections (3.4) and (3.5), the offence notice shall be sent to,

  (a)  if the address of the person charged is in Ontario, that address as it appears on the Ministry's records on the date of the alleged offence; or

  (b)  if the address of the person charged is outside Ontario, that address as it appears on the records of the relevant government on the date of the alleged offence.

Same

   (3.3)  For greater certainty, a person acting on behalf of a municipality may mail an offence notice to an address that is outside Ontario, including outside Canada, for the purposes of this Part.

Same

   (3.4)  If the person is charged as the owner of the vehicle, the address of the person as it appears on the records respecting the holder of the plate portion of the vehicle permit shall be used.

Same

   (3.5)  If the person is charged as the driver of the vehicle, the address of the person as it appears in the records respecting the person's driver's licence shall be used. 

Same

   (3.6)  Service of an offence notice mailed in accordance with this section shall be deemed to be effected on the seventh day following the day on which it was mailed. 

Certificate of service

   (4)  If the provincial offences officer who issued the certificate of offence also mails the offence notice or causes it to be mailed, that officer shall certify, on the certificate of offence, the fact that the offence notice was mailed and the date it was mailed. 

   2.  The Provincial Offences Act is amended by adding the following section:

Certified evidence, proceedings based on red light camera system evidence

   48.2  (1)  Subsection (2) applies to proceedings based on evidence obtained through the use of a red light camera system under Part XIV.2 of the Highway Traffic Act.

Same

   (2)  Section 48.1 shall apply to a statement respecting ownership of a vehicle certified by a government of a jurisdiction outside Ontario, including outside Canada, in the same way that it applies to a statement respecting ownership of a vehicle certified by the Ministry of Transportation.

Commencement

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

Short title

   4.  The short title of this Act is Enhancing Red Light Camera System Enforcement Act, 2012.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act with respect to service of offence notices issued in proceedings based on evidence obtained through the use of a red light camera system.  The amendments provide that offence notices may be served by mail to addresses whether in or outside Ontario, and incorporate into the Act related rules currently set out in the regulations.

The Bill also amends the Provincial Offences Act with respect to proceedings based on evidence obtained through the use of a red light camera system.  The amendments provide that in those proceedings, section 48.1 of the Act (regarding certified evidence) shall apply to a statement respecting ownership of a vehicle certified by a government of a jurisdiction outside Ontario in the same way that it applies to such a statement certified by the Ministry of Transportation.