O. Reg. 104/23: FORMS

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ontario regulation 104/23

made under the

Provincial Offences Act

Made: May 23, 2023
Filed: May 25, 2023
Published on e-Laws: May 25, 2023
Published in The Ontario Gazette: June 10, 2023

Amending O. Reg. 108/11

(FORMS)

1. Section 2 of Ontario Regulation 108/11 is revoked and the following substituted:

Certificate of offence

2. (1) A certificate of offence shall be in Form 1.

(2) Despite subsection (1), a certificate of offence shall be,

(a) in Form 2, if the certificate is issued in proceedings based on evidence obtained through the use of a red light camera system;

(b) in Form 2.1, if the certificate is issued in proceedings in relation to a contravention of subsection 175 (19), (19.1), (20) or (20.1) of the Highway Traffic Act (duty of drivers when school bus stopped — vehicle owner), subject to clause (d);

(c) in Form 2.2, if the certificate is issued in proceedings based on evidence obtained through the use of an automated speed enforcement system; or

(d) in Form 2.3, if the certificate is issued in proceedings in relation to a contravention of subsection 175 (19.1) or (20.1) of the Highway Traffic Act (duty of drivers when school bus stopped — vehicle owner) based on evidence obtained through the use of a camera system.

(3) A certificate of offence referred to in subsection (2) that is issued in proceedings based on evidence obtained through the use of any type of camera system may be modified as necessary to indicate the design and functionality of the camera system used in a municipality.

2. (1) Subsection 3 (2) of the Regulation is amended by striking out “the notice of intention to appear is required to be filed in person” at the end and substituting “a defendant may request a meeting with a prosecutor to discuss the resolution of the offence”.

(2) Clause 3 (3) (b) of the Regulation is revoked and the following substituted:

(b) an offence notice issued in proceedings in relation to a contravention of subsection 175 (19), (19.1), (20) or (20.1) of the Highway Traffic Act (duty of drivers when school bus stopped — vehicle owner) shall be in Form 5.1, subject to clause (d);

(3) Subsection 3 (3) of the Regulation is amended by adding “and” at the end of clause (c) and by adding the following clause:

(d) an offence notice issued in proceedings in relation to a contravention of subsection 175 (19.1) or (20.1) of the Highway Traffic Act (duty of drivers when school bus stopped — vehicle owner) based on evidence obtained through the use of a camera system shall be in Form 5.3.

(4) Subsection 3 (4) of the Regulation is amended by striking out “the notice of intention to appear is required to be filed in person” in the portion before clause (a) and substituting “a defendant may request a meeting with a prosecutor to discuss the resolution of the offence”.

(5) Subsection 3 (4) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) an offence notice issued in proceedings referred to in clause (3) (d) shall be in Form 6.3.

(6) Section 3 of the Regulation is amended by adding the following subsection:

(5) An offence notice referred to in subsection (3) or (4) that is issued in proceedings based on evidence obtained through the use of any type of camera system may be modified as necessary to indicate the design and functionality of the camera system used in a municipality.

3. (1) The row for Form 2.1 in the Table of Forms to the Regulation is amended by striking out “May 10, 2021” in the column titled “Date of Form” and substituting “November 15, 2022”.

(2) The Table of Forms to the Regulation is amended by adding the following rows:

 

2.3

Fail to Stop for a School Bus (Arm Actuated) — Owner Liability Certificate of Offence (Camera Enforcement)

November 15, 2022

. . . . .

 

5.3

Fail to Stop for a School Bus (Arm Actuated) — Owner Liability Offence Notice (Camera Enforcement)

November 15, 2022

. . . . .

 

6.3

Fail to Stop for a School Bus (Arm Actuated) — Owner Liability Offence Notice (Meet with Prosecutor — Camera Enforcement)

November 15, 2022

 

(3) The rows for Forms 5.1 and 6.1 in the Table of Forms to the Regulation are revoked and the following substituted:

 

5.1

Fail to Stop for a School Bus — Owner Liability Offence Notice

November 15, 2022

. . . . .

 

6.1

Fail to Stop for a School Bus — Owner Liability Offence Notice (Meet with Prosecutor)

November 15, 2022

 

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le procureur général,

Doug Downey

Attorney General

 

Date made: May 23, 2023
Pris le : 23 mai 2023

 

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