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Monday, May 06, 2013

May 6, 2013

PROVINCE INTRODUCES NEW LEGISLATION THAT WOULD MODERNIZE PROCESS FOR PROVINCIAL OFFENCES, MUNICIPAL BYLAWS

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Manitobans Would Now Have Option to Pay Fines Without Going to Court: Swan
The province has introduced legislation that would replace the 50-year-old Summary Convictions Act with clear and effective processes to prosecute provincial offences and would modernize the way municipal bylaws are enforced, Justice Minister Andrew Swan announced today.
“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 Swan.  “Manitoba has set high standards for public welfare, health and safety that will be better protected through a modernized approach to enforcement.”
Swan today introduced Bill 38, the provincial offences act, which would replace the Summary Convictions Act.  This legislation 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, Swan said, adding individuals who would wish to speak to a justice or have a hearing would continue to have these options available.
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.  This more-efficient 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.
Today, the minister also introduced complementary legislation, the municipal by-law enforcement act.  It would create 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.
“Almost 200,000 provincial regulatory offences are processed in Manitoba courts every year,” Swan said.  “This legislation is a further reform to ensure a modern and efficient justice system.”
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