This regulation sets how offence descriptions and preset fines are used on tickets, defines several defendant types, repeals an older regulation, and says when it comes into force.
Preset Fines and Offence Descriptions Regulation, M.R. 96/2017 The Provincial Offences Act , C.C.S.M. c. P160 Regulation 96/2017 Registered August 11, 2017 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Describing an offence in a ticket 3 Setting out fine in a ticket 4 Effect of amendment to Act or regulation 5 Repeal 6 Coming into force Schedule A Table of Offences B Table of Preset Fines, Court Costs and Surcharges by Category Definitions 1 The following definitions apply in column 3 of Schedule A. "angler" means a defendant who holds an angling licence or permit under The Fisheries Act or regulations under that Act. (« pêcheur à la ligne ») "corp" means a defendant that is not an individual. (« corp. ») "dealer" means a defendant who (a) holds a licence or permit as a dealer under the Act or regulation contravened; and (b) commits the offence while acting as a dealer. (« commerçant, marchand ou vendeur ») "indiv" means a defendant who is an individual. (« part. ») "non-angler" means a defendant who holds a licence or permit under The Fisheries Act or regulations under that Act that is not a licence or permit for angling. (« pers. ne pêchant pas à la ligne ») Describing an offence in a ticket 2(1) The words, descriptions and abbreviations set out in column 2 of Schedule A are prescribed for use on a ticket to specify an offence of contravening the provision of the Act or regulation set out in column 1. 2(2) A round bullet (" • ") before a word or phrase in column 2 of the English version of Schedule A indicates wording that may, in describing an alleged offence in a ticket, be used as an alternative to another word or phrase that relates to the same alleged offence and is preceded by a bullet. 2(3) For greater certainty, in column 2 of the English version of Schedule A, (a) bulleted capitalized words, or phrases with the first word capitalized, that appear on successive lines at the beginning of the description of an offence, may be used alternatively as the opening word or phrase of the description of the alleged offence; (b) bulleted words or phrases that appear on the same line may be used as alternatives to each other in the description of the alleged offence; and (c) bulleted uncapitalized phrases that appear on successive lines may be used as alternatives to each other in the description of the alleged offence if they are indented an equal amount and not separated by an unbulleted line of text. Setting out fine in a ticket 3(1) When column 4 of Schedule A contains a lettered fine category code from "A" to "J" for an offence described in column 2, the fine that may be set out in a ticket for the offence is the total fine set out for that fine category in the table in Schedule B. The total fine consists of the preset fine, court costs, the surcharge amount under The Victims' Bill of Rights and the justice services surcharge set out for that fine category in that table. 3(2) When column 4 of Schedule A does not contain a lettered fine category code but sets out directions for calculating the preset fine, court costs, the surcharge under The Victims' Bill of Rights and total fine, the fine that may be set out in a ticket for the offence (a) is the total fine calculated in accordance with the directions; and (b) consists of the preset fine, court costs and the surcharge under The Victims' Bill of Rights calculated in accordance with the directions, as well as the justice services surcharge. 3(3) For a parking offence described in column 2 of Schedule A, the fine that may be set out in a ticket for the offence is the total fine set out in column 4 of Schedule A, consisting of the preset fine and the court costs set out in that column. 3(4) Despite subsections (1) to (3), column 4 of Schedule A may contain more than one fine category code for an offence when the fine category is different based on the type of defendant, the number of offences or the specifics of the offence. 3(5) Column 4 of Schedule A may contain notes explaining the application of different fine categories or calculations to certain types of defendants or certain circumstances. Effect of amendment to Act or regulation 4 If a provision of an Act or regulation set out in column 1 of Schedule A is repealed in whole or in part and another provision is substituted, the reference to the provision in column 1 is deemed to be a reference to the substituted provision. Repeal 5 The Offence Notices Regulation , Manitoba Regulation 210/2003, is repealed. Coming into force 6 This regulation comes into force on the same day The Provincial Offences Act , S.M. 2013, c. 47, Schedule A, comes into force. SCHEDULE A (Section 2) Table of Offences SCHEDULE B (Section 3) TABLE OF PRESET FINES, COURT COSTS AND SURCHARGES BY CATEGORY Fine Category Preset Fine Court Costs (45% of preset fine, rounded down to nearest dollar) Surcharge Under The Victims' Bill of Rights (25% of preset fine, rounded up to nearest dollar) Justice Services Surcharge Total Fine A $37 $16 $10 $50 $113 B $55 $24 $14 $50 $143 C $73 $32 $19 $50 $174 D $90 $40 $23 $50 $203 E $110 $49 $28 $50 $237 F $146 $65 $37 $50 $298 G $256 $115 $65 $50 $486 H $366 $164 $92 $50 $672 I $733 $329 $184 $50 $1,296 J $1,466 $659 $367 $50 $2,542 K $2,912 $1,310 $728 $50 $5,000