Provincial Offences General Regulation

Provincial Offences General Regulation, M.R. 95/2017 The Provincial Offences Act , C.C.S.M. c. P160 Regulation 95/2017 Registered August 11, 2017 bilingual version (HTML) Table of Contents Section 1 Definition DESIGNATION OF ENFORCEMENT OFFICERS 2 Winnipeg Police Service staff and others 3 Winnipeg Police Service cadets 3.1 Winnipeg Police Service River Patrol Officers 4 Conservation officers 5 Public Works staff 6 First Nation safety officers 7 Community safety officers 7.1 Institutional safety officers 8 Railway police constables RESPONSE PERIOD AND FILING DEADLINE FOR TICKETS 9 Response period for tickets 10 Filing ticket with the court ELECTRONIC TICKETS AND INFORMATIONS 11 Electronic tickets 12 Electronic photo enforcement tickets 13 Electronic informations COURT PROCEDURES 14 Notice of hearing by e-mail 15 When justice may issue summons on a ticket 16 When justice may cancel appearance notice 17 Forfeiture of cash deposit or other security 18 Duration of arrest warrant for a witness GENERAL PROVISIONS 19 Prescribed amount re forfeiture on a ticket 20 Justice services surcharge 21 Default conviction penalty 22 Default conviction for parking offences 23 No court costs for parking offences 24 Certificate evidence 25 Municipal responsibility re enforcement officers 26 Administrative fee re driver's licence and registration remedies 27 Administration fee re liens 28 Repeal 29 Coming into force Forms Definition of "Act" 1 In this regulation, "Act" means The Provincial Offences Act . DESIGNATION OF ENFORCEMENT OFFICERS Winnipeg Police Service staff and others 2(1) A person employed by the Winnipeg Police Service to complete court documents is designated as an enforcement officer authorized to commence a prosecution for an offence (a) under subsection 7(1) of the Act by completing a ticket; and (b) under Part 3 of the Act by completing and laying an information; and for no other purpose. 2(2) A person who (a) is employed by the Winnipeg Police Service as a photo enforcement clerk; or (b) is authorized by the Winnipeg Police Service or the City of Winnipeg as an operator of an image capturing enforcement system; is designated as an enforcement officer authorized to commence a prosecution for a photo enforcement offence by completing a ticket under subsection 9(1) of the Act, and for no other purpose. Winnipeg Police Service cadets 3 A member of the Winnipeg Police Service Auxiliary Force Cadet program referred to in the Winnipeg Police Service Special Constables Additional Powers Regulation , Manitoba Regulation 167/2010, is designated as an enforcement officer who may enforce the enactments set out in section 3 of that regulation, subject to the requirements, limits and restrictions of that regulation. M.R. 48/2019 Winnipeg Police Service River Patrol Officers 3.1 A member of the Winnipeg Police Service River Patrol Unit referred to in the Winnipeg Police Service Special Constables Additional Powers Regulation , Manitoba Regulation 167/2010, is designated as an enforcement officer who may enforce the enactments set out in section 7 of that regulation, subject to the requirements, limits and restrictions of that regulation. M.R. 48/2019 Conservation officers 4 A conservation officer appointed under The Conservation Officers Act is designated as an enforcement officer who may enforce the enactments authorized by the Conservation Officers Regulation , Manitoba Regulation 155/2015, subject to the requirements, limits and restrictions of that regulation. Public Works staff 5 A person authorized to enforce The Public Works Act is designated as an enforcement officer who may enforce that Act and regulations under that Act subject to the requirements, limits and restrictions of that Act and regulations. First Nation safety officers 6 A First Nation safety officer appointed under section 77.15 of The Police Services Act is designated as an enforcement officer who may enforce the enactments authorized by the First Nation Safety Officers Regulation , Manitoba Regulation 229/2015, subject to the requirements, limits and restrictions of that regulation. Community safety officers 7 A community safety officer appointed under section 77.4 of The Police Services Act is designated as an enforcement officer who may enforce the enactments authorized by the Community Safety Officers Regulation , Manitoba Regulation 107/2015, subject to the requirements, limits and restrictions of that regulation. Institutional safety officers 7.1 An institutional safety officer appointed under section 77.27 of The Police Services Act is designated as an enforcement officer who may enforce the enactments authorized by the Institutional Safety Officers Regulation , Manitoba Regulation 92/2021, subject to the requirements, limits and restrictions of that regulation. M.R. 11/2025 Railway police constables 8 A person appointed as a police constable under subsection 44(1) of the Railway Safety Act (Canada) is designated as an enforcement officer who may enforce the enactments authorized by that Act subject to the requirements, limits and restrictions of that Act. RESPONSE PERIOD AND FILING DEADLINE FOR TICKETS Response period for tickets 9(1) Subject to subsections (2) and (2.1), the response period within which a person may respond to a ticket begins 15 days after the ticket is signed by an enforcement officer and ends 45 days after it is signed. 9(2) The response period for a ticket issued for (a) a municipal offence; or (b) a parking offence under The Public Works Act or The Provincial Parks Act ; begins 30 days after the ticket is signed by an enforcement officer under subsection 7(2) of the Act and ends 60 days after it is signed. 9(2.1) The response period for a ticket issued for a First Nation offence begins 30 days after the ticket is signed by an enforcement officer under subsection 7(2) of the Act and ends 90 days after it is signed. 9(3) A response period that would otherwise end on a day when the court office is not open is extended to include the next day the court office is open. M.R. 156/2023 Filing ticket with the court 10(1) A copy of a ticket must be filed with the court no later than the last day the court office is open before the response period for the ticket begins. 10(2) Despite subsection (1), a ticket issued for a parking offence under The Public Works Act or The Provincial Parks Act must be filed with the court without delay at the request of the court, and in any event within 72 hours after the request is made. ELECTRONIC TICKETS AND INFORMATIONS Electronic tickets 11(1) An enforcement officer may electronically sign a ticket issued under section 7 of the Act by using a unique code, name or number assigned to the enforcement officer that (a) is attached to the data entered or attested to by the enforcement officer; and (b) is reasonably secure against unauthorized use. 11(2) A code, name or number is presumed reasonably secure under clause (1)⁠(b) if (a) the physical means of generating it are protected; or (b) the electronic means of generating it are themselves a secure code or are protected by a unique password issued in confidence to the enforcement officer. 11(3) A ticket that is completed and signed electronically may be filed with the court by the electronic transfer of data to a provincial database administered by the Minister of Justice. 11(4) A ticket issued under section 7 of the Act that is filed electronically must be capable of being printed in an understandable form and, when printed, must contain the information that section 8 of the Act requires to be set out. Electronic photo enforcement tickets 12(1) In this section, "authority" means (a) a municipality or police service that is authorized under The Highway Traffic Act to use image capturing enforcement systems; and (b) a person or organization that has entered into an agreement with such a municipality or police service to complete, serve and file tickets for photo enforcement offences on behalf of the municipality or police service. 12(2) When a ticket for a photo enforcement offence is filed electronically with the court, the authority must (a) provide the court with electronic access to the images of the alleged offence; and (b) either (i) maintain a paper copy of the ticket, or (ii) in a manner acceptable to the court, maintain the data contained on the printed ticket in an electronic form that prevents the data from being altered, and be able to reproduce, at the court's request, an exact copy of the ticket. 12(3) The data that must be maintained under subsection (2) is as follows: (a) the name and last known address of the owner of the vehicle as indicated in the records of the Registrar of Motor Vehicles; (b) the particulars of the alleged offence; (c) the date on which and the approximate time when and approximate location where the offence is alleged to have been committed; (d) the numbers and letters shown on the vehicle licence plate and other particulars of the vehicle; (e) the enforcement officer's name, organization and badge or other identification number; (f) the response period within which the person charged may respond to the ticket; (g) the date the ticket and reproduction of the image from the image capturing enforcement system was mailed or served. 12(4) A ticket for a photo enforcement offence is considered filed under section 14 of the Act when the court receives the data mentioned in subsection (3) and is able to access the images of the alleged offence electronically. 12(5) On request, an authority must without delay provide the court with a paper copy of the ticket issued for a photo enforcement offence. Electronic informations 13(1) An enforcement officer may complete and lay an information under Part 3 of the Act in an electronic or other form that allows the information to be reproduced in an understandable form. 13(2) Subsections 11(1) and (2) apply, with necessary changes, to the signing of informations by an enforcement officer. 13(3) An information that is completed and signed electronically by an enforcement officer may be laid before a justice by the electronic transfer of data to a provincial database administered by the Minister of Justice. 13(4) An information laid electronically must be capable of being printed in an understandable form and, when printed, must contain the information required to be set out in an information by Part 3 of the Act. 13(5) An information in electronic form may be sent, received, transmitted, stored and otherwise dealt with electronically and may be converted to paper, and a paper information may be converted to electronic information. COURT PROCEDURES Notice of hearing given by e-mail 14 In addition to the methods set out in clauses 106(1)⁠(a) and (b) of the Act, a notice of hearing under section 18 of the Act may be sent by e-mail if the person to whom it is sent has provided their e-mail address to the court for that purpose. When justice may issue summons on a ticket 15(1) If a defendant who has been given notice of a hearing under section 18 of the Act fails to appear at the hearing, the justice may adjourn the matter and issue a summons compelling the defendant to appear at a subsequent time and place. 15(2) If the defendant does not appear as required by the summons issued under subsection (1) or the summons cannot be served after reasonable efforts have been made to do so, a default conviction may be entered against the defendant under subsection 19(2) of the Act. When justice may cancel appearance notice 16 If a justice reviewing an information under subsection 24(2) of the Act determines that the defendant should not be required to answer to the charge, the justice must (a) cancel any appearance notice issued to the defendant in relation to the charge; and (b) ensure that reasonable efforts are made to inform the defendant of the cancellation without delay. Forfeiture of cash deposit or other security 17 If an arrest warrant is issued for a person who fails to appear in court as required by an order for release under subsection 50(3) of the Act, the justice issuing the warrant may order that any cash deposit or other security that was provided to the court is forfeited to the Crown. Duration of arrest warrant for a witness 18 An arrest warrant for a witness issued under subsection 65(1) of the Act remains in force for one year. GENERAL PROVISIONS Prescribed amount re forfeiture on a ticket 19 For the purpose of subsection 44(1) of the Act, the prescribed amount below which a thing seized on a ticket is forfeited is $250. Justice services surcharge 20(1) A justice services surcharge of $50 is prescribed for the purpose of the Act. 20(2) A justice services surcharge is not payable in respect of a contravention of subsection 145.0.1(1), (2) or (3) of The Highway Traffic Act (bicycle helmets) . Default conviction penalty 21 A default conviction penalty of $100 is prescribed for the purpose of Part 2 of the Act. M.R. 38/2021 Default conviction for parking offences 22 For the purpose of subsection 19(1) of the Act, the minister responsible for the administration of The Public Works Act or The Provincial Parks Act may, in the circumstances mentioned in that subsection, enter a default conviction against the vehicle owner. No court costs for parking offences 23 Court costs are not payable for a parking offence under The Public Works Act or The Provincial Parks Act . Certificate evidence 24(1) The certificates set out in Form 1 and Form 2 are prescribed for the purposes of section 63 of the Act. 24(2) The following persons are authorized to complete and sign a certificate under section 63 of the Act: (a) an individual who is permitted to conduct the testing of cannabis pursuant to a licence or exemption that is granted, or is deemed to have been granted, under the Cannabis Act (Canada) or the Cannabis Regulations , SOR 2018-144; (b) an individual, or a member of a class of individuals, designated as an analyst under section 130 of the Cannabis Act ; (c) an individual referred to in subsection 4(1) of the Cannabis Regulations involved in the testing of cannabis as a requirement of their duties at a laboratory that is operated by the Government of Canada or the government of a province. M.R. 188/2018 Municipal responsibility re enforcement officers 25(1) A municipality must ensure that an enforcement officer who takes any enforcement action on its behalf in relation to a municipal offence wears a clearly visible name tag, badge or other form of identification, or an article of clothing, indicating that the officer is acting on the municipality's behalf. 25(2) The municipality must also ensure that the identification or article of clothing is of a design, colour and pattern sufficient to make it different and clearly distinguishable from those of a police force. Administrative fee re driver's licence and registration remedies 26 An administrative fee of $40 is prescribed for the purpose of subsection 89(3) of the Act (driver's licence and vehicle registration remedies). Administration fee re liens 27 An administration fee of $60 is prescribed for the purpose of subsection 92(3) of the Act (lien for unpaid fines). Repeal 28 The following regulations are repealed: (a) the Administration Fees for Liens for Unpaid Parking Fines Regulation , Manitoba Regulation 227/93; (b) the Fine Option Program Regulation , Manitoba Regulation 178/88; (c) the Justice Services Surcharge, Default Penalty and Administrative Fee Regulation , Manitoba Regulation 208/2003; (d) the Offence Notice Forms Regulation, Manitoba Regulation 213/2002. Coming into force 29 This regulation comes into force on the same day that The Provincial Offences Act , S.M. 2013, c. 47, Schedule A, comes into force. FORMS Form 1 Certificate Evidence (Drive Suspended; Drive Unregistered) Form 2 Certificate Evidence (Generic)