New legislation introduced which would change process for provincial offences

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Published on Monday, May 6, 2013

myWestman.ca

The province has introduced legislation that would replace the 50-year-old Summary Convictions Act, changing the way municipal bylaws are enforced.

Bill 38 was introduced on Monday called the Provincial Offences Act, which would deal with regulatory offences including items such as speeding tickets, hunting and fishing offences, and Liquor Act violations. Under the proposed act, the majority of regulatory offences would result in tickets with pre-set fines. This would give people the option of paying their fines without having to go to a court office or make a court appearance.

Individuals who would wish to speak to a justice or have a hearing would continue to have these options available.  

"Our priority is to ensure legislation dealing with provincial regulatory offences remains clear and relevant and today we are taking an important step forward," said justice minister Andrew Swan. "Manitoba has set high standards for public welfare, health and safety that will be better protected through a modernized approach to enforcement."

Another change would allow police officers and equipment testers to submit documents to court, called certificate evidence, to prove technical or routine matters.  

For example, this could be used to show speed-timing devices were operating properly at the time a ticket was issued.  Police officers and testers currently have to be in court to present this evidence.  The system would allow police officers to spend more time on the street protecting Manitobans, the minister said, adding the use of certificate evidence would be allowed only in matters with a pre-set fine. The courts would still have the authority to require a police officer or tester to attend in person if necessary.

The minister also introduced complementary legislation, the municipal by-law enforcement act.  It creates a new, standardized administrative approach to adjudicate municipal parking bylaw infractions, and could be used for other bylaw infractions where municipalities elect to do so.  

Municipalities would appoint municipal screening officers to hear disputes with a right of review by an adjudicator.

With files from Manitoba news release