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PHOTO-RADAR SYSTEM EVIDENCE Photo-radar system evidence 205.1 (1) Subject to subsection (2), a photograph obtained through the use of a photo-radar system is admissible in evidence in a proceeding under the Provincial Offences Act respecting an alleged offence under section 128 of the Highway Traffic Act if the alleged offence was committed within an area of Ontario designated by the regulations. 1993, c. 31, s. 2 (9). Conditions (2) The photograph must, (a) show the vehicle and the number plate displayed on the vehicle; and (b) show or have superimposed upon it an indication of the rate of speed at which the vehicle was being driven when the photograph was taken and the date on which and time at which the photograph was taken. 1993, c. 31, s. 2 (9). Use at trial (3) In the absence of evidence to the contrary, the photograph is proof that the vehicle was, on the date and at the time shown or indicated on the photograph, being driven at the rate of speed shown or indicated on the photograph. 1993, c. 31, s. 2 (9). Conviction (4) No person shall be convicted at trial of an offence on the basis of the photograph unless, (a) the photograph is adduced at trial; or (b) the person consents to the photograph not being adduced at trial. 1993, c. 31, s. 2 (9). Application, proceedings commenced by filing certificate of offence 205.2 Sections 205.3 to 205.13 apply in respect of proceedings based on evidence obtained through the use of a photo-radar system if the proceedings are commenced by filing a certificate of offence under Part I of the Provincial Offences Act. 1993, c. 31, s. 2 (9). Provincial Offences Act, Part I 205.3 (1) No summons shall be issued under clause 3 (2) (b) of the Provincial Offences Act in proceedings based on evidence obtained through the use of a photo-radar system. 1993, c. 31, s. 2 (9). Application of certain provisions (2) Sections 5, 5.2, 6, 9, 9.1 and 11 of the Provincial Offences Act do not apply to proceedings based on evidence obtained through the use of a photo-radar system. 1993, c. 31, s. 2 (9). Service by mail (3) An offence notice issued in proceedings based on evidence obtained through the use of a photo-radar system may be served in accordance with section 205.5 of this Act, in which case subsections 3 (3) to (7) of the Provincial Offences Act do not apply. 1993, c. 31, s. 2 (9). Evidence of ownership 205.4 (1) If the proceeding is commenced by filing a certificate of offence, evidence of ownership of the vehicle involved in the alleged offence shall be filed in the court with the certificate. 1993, c. 31, s. 2 (9). Same (2) The evidence of ownership may be contained in the certificate of offence or it may be set out in a separate document. 1993, c. 31, s. 2 (9). Service by mail 205.5 (1) An offence notice may be served by regular prepaid mail if it is mailed within twenty-three days after the occurrence of the alleged offence. 1993, c. 31, s. 2 (9). Deemed service (2) An offence notice that is mailed to the most recent address appearing in the records of the Ministry of Transportation for the person charged shall be deemed to have been served seven days after it is mailed. 1993, c. 31, s. 2 (9). Certificate of mailing (3) 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 the fact that the notice was mailed and the date of mailing on the certificate of offence. 1993, c. 31, s. 2 (9). Evidence (4) A certificate referred to in subsection (3) purporting to be signed by the provincial offences officer who issued it shall be received in evidence and is proof of mailing in the absence of evidence to the contrary. 1993, c. 31, s. 2 (9). Photographic equivalent 205.6 A photograph or a photographic equivalent of the photograph obtained through the use of a photo-radar system shall be served with the offence notice. 1993, c. 31, s. 2 (9). Failure to respond 205.7 (1) If fifteen days have elapsed after a defendant is served with an offence notice charging the defendant, as the owner of a vehicle, with a contravention of section 128 and the defendant has not given notice of intention to appear, pleaded guilty or made a payment out of court, as provided by section 5.1, 7 or 8 of the Provincial Offences Act, the defendant shall be deemed not to dispute the charge. 1993, c. 31, s. 2 (9). Examination by justice (2) If subsection (1) applies, a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face and the justice is satisfied that the defendant is the owner of the vehicle involved in the offence. 1993, c. 31, s. 2 (9). Quashing proceeding (3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 2 (9). Challenge to operator’s evidence 205.8 (1) A defendant who gives notice of an intention to appear in court for the purpose of entering a plea and having a trial of the matter shall indicate on the notice of intention to appear if the defendant intends to challenge the evidence of the person who operated the photo-radar system. 1993, c. 31, s. 2 (9). Notification of operator (2) If the defendant indicates an intention to challenge the evidence of the person who operated the photo-radar system, the clerk of the court shall notify the person. 1993, c. 31, s. 2 (9). Challenge to officer’s evidence 205.9 (1) The provincial offences officer who used the evidence obtained through the use of a photo-radar system to identify the owner of the vehicle involved in the alleged offence and who issued the offence notice and certificate of offence shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act. 1993, c. 31, s. 2 (9). Summons (2) No summons shall be issued unless a justice is satisfied that the defendant will not be able to have a fair trial if the officer is not required to give oral evidence. 1993, c. 31, s. 2 (9). Certificate evidence 205.10 (1) The certified statements in a certificate of offence are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it. 1993, c. 31, s. 2 (9). Where statements not proof (2) Subsection (1) does not apply to the statements setting out the evidence of, (a) the person who operated the photo-radar system if the defendant has indicated, under subsection 205.8 (1) or 205.13 (3), an intention to challenge the evidence of that person; or (b) an officer referred to in subsection 205.9 (1) in respect of whom a summons has been issued. 1993, c. 31, s. 2 (9). Failure to appear at trial 205.11 (1) If a defendant who has given notice of an intention to appear fails to appear at the time and place appointed for the trial, the defendant shall be deemed not to dispute the charge. 1993, c. 31, s. 2 (9). Examination by justice (2) If subsection (1) applies, section 54 of the Provincial Offences Act does not apply, and a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face and the justice is satisfied that the defendant is the owner of the vehicle involved in the offence. 1993, c. 31, s. 2 (9). Quashing proceeding (3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 2 (9). Adjournment 205.12 Despite subsection 49 (1) of the Provincial Offences Act, the court shall not adjourn a trial for the purpose of having the person who operated the photo-radar system attend to give evidence unless the court is satisfied that the interests of justice require it. 1993, c. 31, s. 2 (9). Reopening 205.13 (1) If a defendant who has been convicted without a hearing attends at the court office during regular office hours within fifteen days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered. 1993, c. 31, s. 2 (9). If conviction struck out (2) If the justice strikes out the conviction, he or she shall give the defendant and the prosecutor a notice of trial or proceed under section 7 of the Provincial Offences Act. 1993, c. 31, s. 2 (9). Trial (3) If a notice of trial is given, the defendant shall indicate on the notice of intention to appear if the defendant intends to challenge the evidence of the person who operated the photo-radar system. 1993, c. 31, s. 2 (9). Notifying officer (4) If the defendant indicates an intention to challenge the evidence of the person who operated the photo-radar system, the clerk of the court shall notify the person. 1993, c. 31, s. 2 (9). Certificate (5) A justice who strikes out a conviction under subsection (1) shall give the defendant a certificate of the fact in the prescribed form. 1993, c. 31, s. 2 (9). Regulations, photo-radar system evidence 205.14 The Lieutenant Governor in Council may make regulations, (a) prescribing what constitutes a photo-radar system; (b) designating areas of Ontario for purposes of subsection 205.1 (1); (c) prescribing what constitutes evidence of ownership of a vehicle for purposes of this Part; (d) prescribing what constitutes a photographic equivalent of a photograph for the purposes of section 205.6; (e) prescribing the form of certificate that a conviction has been struck out. 1993, c. 31, s. 2 (9). PART XIV.2 3 J; B2 w7 e* m
RED LIGHT CAMERA SYSTEM EVIDENCE Red light camera system evidence 205.15 (1) Subject to subsection (2), a photograph obtained through the use of a red light camera system shall be received in evidence in a proceeding under the Provincial Offences Act respecting an alleged offence under subsection 144 (18) of the Highway Traffic Act if the alleged offence was committed within an area of Ontario designated by the regulations. 1998, c. 38, s. 4. Form and content (2) The photograph must comply with the requirements of the regulations made under clause 205.25 (d). 1998, c. 38, s. 4. Certification of photograph (3) A photograph that purports to be certified by a provincial offences officer as having been obtained through the use of a red light camera system shall be received in evidence as proof, in the absence of evidence to the contrary, that the photograph was obtained through the use of a red light camera system. 1998, c. 38, s. 4. Use at trial (4) In the absence of evidence to the contrary, a photograph of a vehicle obtained through the use of a red light camera system is proof that, (a) information shown or superimposed on the photograph that was authorized or required by a regulation made under clause 205.25 (d) is true; and (b) the vehicle and its driver did not stop and the vehicle and its driver proceeded before a green indication was shown, contrary to subsection 144 (18). 1998, c. 38, s. 4. Conviction (5) No person who has entered a plea of not guilty at trial shall be convicted of an offence on the basis of a photograph obtained through the use of a red light camera system unless the photograph is tendered in evidence at trial. 1998, c. 38, s. 4. Application, proceedings commenced by filing certificate of offence 205.16 Sections 205.17 to 205.24 apply in respect of proceedings based on evidence obtained through the use of a red light camera system if the proceedings are commenced by filing a certificate of offence under Part I of the Provincial Offences Act. 1998, c. 38, s. 4. Provincial Offences Act, Part I 205.17 (1) No summons shall be issued under clause 3 (2) (b) of the Provincial Offences Act in proceedings based on evidence obtained through the use of a red light camera system. 1998, c. 38, s. 4. Application of certain provisions (2) Sections 5.2, 9, 9.1 and 11 of the Provincial Offences Act do not apply to proceedings based on evidence obtained through the use of a red light camera system. 1998, c. 38, s. 4; 2009, c. 33, Sched. 4, s. 3 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by by striking out “5.2”. See: 2009, c. 33, Sched. 4, ss. 3 (1), 5 (4). 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 the regulations, in which case subsections 3 (3) to (7) of the Provincial Offences Act do not apply. 1998, c. 38, s. 4. Certificate of service (4) If the provincial offences officer who issues the certificate of offence also serves the offence notice, that officer shall certify, on the certificate of offence, the fact that he or she took the steps authorized by the regulations to serve the offence notice and the date those steps were taken. 1998, c. 38, s. 4. Evidence (5) A certificate referred to in subsection (4) purporting to be signed by the provincial offences officer who issued it shall be received in evidence and is proof of service in the absence of evidence to the contrary. 1998, c. 38, s. 4. Evidence of ownership 205.18 Evidence of ownership of the vehicle involved in the alleged offence may be contained in the certificate of offence or it may be set out in a separate document. 1998, c. 38, s. 4. Failure to respond 205.19 (1) If 15 days have elapsed after a defendant is served with an offence notice charging the defendant with a contravention of subsection 144 (18) and the defendant has not given notice of intention to appear, pleaded guilty or made a payment out of court, as provided by section 5, 5.1, 7 or 8 of the Provincial Offences Act, the defendant shall be deemed not to dispute the charge. 1998, c. 38, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted: Deemed not to dispute charge (1) A defendant is deemed to not wish to dispute the charge where, (a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5 of the Provincial Offences Act, did not request a meeting with the prosecutor in accordance with section 5.1 of that Act and did not plead guilty under section 7 or 8 of that Act; (b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 of the Provincial Offences Act but did not attend the scheduled meeting with the prosecutor; or (c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) of the Provincial Offences Act but did not appear at a sentencing hearing with a justice under subsection 5.1 (9) of that Act. 2009, c. 33, Sched. 4, s. 3 (3). See: 2009, c. 33, Sched. 4, ss. 3 (3), 5 (4). Examination by justice (2) If subsection (1) applies, a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face. 1998, c. 38, s. 4. Quashing proceeding (3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1998, c. 38, s. 4. Challenge to officer’s evidence 205.20 (1) The provincial offences officer who used the evidence obtained through the use of a red light camera system to identify the owner or driver of the vehicle involved in the alleged offence and who issued the offence notice and certificate of offence shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act. 1998, c. 38, s. 4. Same (2) A provincial offences officer who certifies that a photograph was obtained through the use of a red light camera system shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act. 1998, c. 38, s. 4. Summons (3) No summons shall be issued to a provincial offences officer referred to in subsection (1) or (2) unless a justice is satisfied that the defendant will not be able to have a fair trial if the officer is not required to give oral evidence. 1998, c. 38, s. 4. Certificate evidence 205.21 (1) The certified statements in a certificate of offence are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it. 1998, c. 38, s. 4. Where statements not proof (2) Subsection (1) does not apply to the statements setting out the evidence of an officer referred to in subsection 205.20 (1) in respect of whom a summons has been issued. 1998, c. 38, s. 4. Failure to appear at trial 205.22 (1) If a defendant who has given notice of an intention to appear fails to appear at the time and place appointed for the trial, the defendant shall be deemed not to dispute the charge. 1998, c. 38, s. 4. Examination by justice (2) If subsection (1) applies, section 54 of the Provincial Offences Act does not apply, and a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face. 1998, c. 38, s. 4. Quashing proceeding (3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1998, c. 38, s. 4. Reopening 205.23 (1) If a defendant who has been convicted without a hearing attends at the court office during regular office hours within 15 days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered. 1998, c. 38, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by adding “or for a meeting under section 5.1 of the Provincial Offences Act” after “for a hearing”. See: 2009, c. 33, Sched. 4, ss. 3 (4), 5 (4). If conviction struck out (2) If the justice strikes out the conviction, he or she shall give the defendant and the prosecutor a notice of trial or proceed under section 7 of the Provincial Offences Act. 1998, c. 38, s. 4. Certificate (3) A justice who strikes out a conviction under subsection (1) shall give the defendant a certificate of the fact in the prescribed form. 1998, c. 38, s. 4. Limitations on penalty Owner 205.24 (1) An owner of a motor vehicle convicted, as an owner, of an offence under subsection 144 (18) on the basis of evidence obtained through the use of a red light camera system is not liable to, (a) a driver’s licence suspension under section 46 as a result of default in payment of a fine resulting from that conviction; or (b) imprisonment or a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction. 1998, c. 38, s. 4. Same: driver (2) A driver of a motor vehicle convicted, as a driver, of an offence under subsection 144 (18) on the basis of evidence obtained through the use of a red light camera system is not liable to imprisonment or a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction. 1998, c. 38, s. 4. Regulations, red light camera system evidence 205.25 The Lieutenant Governor in Council may make regulations, (a) defining “photograph” for the purposes of this Part; (b) prescribing what constitutes a red light camera system; (c) designating areas of Ontario for purposes of subsection 205.15 (1); (d) governing the form and content of photographs for the purposes of subsection 205.15 (2), including information that may be or must be shown or superimposed on the photographs, and prescribing a system of codes, symbols or abbreviations that may be used to convey the information; (e) governing the filing of photographs in court for the purposes of this Part; (f) governing the service of offence notices issued in proceedings based on evidence obtained through the use of red light camera systems, including deeming service to have been effected on a date determined in accordance with the regulations; (g) prescribing what constitutes evidence of ownership of a vehicle or evidence of the identity of a driver for purposes of this Part; (h) prescribing the form of certificate that a conviction has been struck out. 1998, c. 38, s. 4. | 
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发表于 2013-2-19 11:40