The Provincial Offences Act

The Provincial Offences Act, C.C.S.M. c. P160 (Assented to December 5, 2013) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions 2 When this Act applies 2.1 When Act applies to First Nation laws 3 General offence 4 General penalty 5 Limitation period PART 2 COMMENCING PROCEEDINGS BY TICKET 6 Definitions COMPLETING AND SERVING A TICKET 7 Completing and serving a ticket 8 Content of ticket 9 Photo enforcement ticket 10 Vehicle owner liable to pay parking or photo enforcement ticket 11 Repealed 12 Electronic tickets 13 How ticket to be served 14 Ticket filed with the court HOW TO RESPOND TO A TICKET 15 Ways to respond to a ticket 16 If offence is admitted — fine paid 17 If offence is admitted — amount disputed 18 If offence not admitted — hearing request DEFAULT CONVICTION 19 Default conviction if person fails to act 20 Notice of default conviction 21 Application to set aside default conviction PART 3 COMMENCING PROCEEDINGS BY INFORMATION 22 Commencing a proceeding by information 23 Completing an information 24 Justice to review information 25 Summons to appear 26 Serving the summons 27 Defendant must appear 28 Arrest warrant in limited circumstances 29 If defendant admits the offence 30 Imposing conditions on defendant 31 Appearance notice before information laid PART 4 SEARCH WARRANTS, SEIZURE OF EVIDENCE AND WARRANTS TO ENTER 32 Definitions 33 Application of this Part SEARCH WARRANTS 34 Applying for search warrant 35 Authority of search warrant 36 Securing place to be searched 37 Executing search warrant 38 Additional seizure powers SEIZED THINGS 39 Duty of person who seizes things 40 Extending detention period 41 Application to examine or test 42 Return or disposition of seized things 43 Perishable or hazardous things 44 Forfeiture of seized things below a prescribed value 45 Copies of seized records WARRANT TO ENTER AND INSPECT 46 Warrant to enter and inspect PART 5 ARREST AND RELEASE 47 Arrest without a warrant 48 Release from custody 49 Grounds for issuing an arrest warrant 50 Appearance before justice within 24 hours PART 6 HEARINGS AND OTHER PROCEEDINGS 51 When must a hearing be held? 52 Pre-hearing conference 53 Appearance of the defendant or representative 54 Defendant may be compelled to attend 55 Defendant may admit or deny offence 56 Withdrawing or staying a charge 57 Attorney General may intervene 58 Powers of a justice at a hearing or proceeding 59 Evidence generally 60 Admissible evidence 61 Burden of proving an exception 62 Business records 63 Certificate evidence 64 Subpoena directed to a witness 65 Arrest of witness who fails to respond to subpoena 66 Defendant convicted or charge dismissed 67 Proceeding on an information if defendant absent PART 7 SENTENCING 68 Purpose of sentencing 69 Submissions about penalty 70 Victim impact statement 71 Ticket — penalty on conviction 72 Information — penalty on conviction 73 Payment of court costs and surcharges 74 Imprisonment 75 Conditions may be imposed 76 Reprimand 77 Forfeiture of unlawful things 78 Request for time to pay PART 8 APPEALS 79 Right to appeal 80 Notice of appeal or application for leave 81 Stay 82 Decision on appeal 83 Direct appeal to Court of Appeal 84 Further appeal 85 Custody pending appeal PART 9 COLLECTION AND ENFORCEMENT 86 Definitions 87 Enforcement of unpaid fines DRIVER'S LICENCE AND VEHICLE REGISTRATION REMEDIES 88 Notice of collection action 89 Remedies re driver's licence and vehicle registration FILING A CERTIFICATE IN THE KING'S BENCH 90 Filing a certificate for unpaid fines in King's Bench 91 Default on a restitution order LIENS 92 Lien on personal property 93 Registration of lien in Personal Property Registry 94 Notice of lien REQUEST FOR INFORMATION ABOUT DEBTOR 95 Request for information about debtor PART 10 GENERAL PROVISIONS 96 Evidence to be recorded 97 Evidence under oath 98 Common law defences apply 99 Ignorance of the law 100 Civil remedies preserved 101 Minimum age 102 Secondary liability for an offence 103 Contempt 104 Interpreter 105 Validity of documents 106 How notice is to be given 107 Proof of service 108 Court costs on a ticket 109 No surcharge for parking or prescribed offences 110 How payments are to be applied 111 Regulations 112 Regulations by minister 113 Application of Criminal Code 114 Offences and penalties 115 Rounding amounts payable to nearest dollar 116 Order made by justice under another Act 117 Overviews PART 11 CONSEQUENTIAL AND RELATED AMENDMENTS 118-139 Amendments to other Acts PART 12 TRANSITIONAL, REPEAL AND COMING INTO FORCE 140-144 Transitional provisions 145 Repeal of Summary Convictions Act 146 C.C.S.M. reference 147 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Overview Provincial offences can be created by provincial statutes and regulations as well as by municipal by-laws. This Act governs how those offences are prosecuted. This Act also governs the prosecution of contraventions of a First Nation law if the law states that it may be enforced under this Act. A prosecution for a provincial offence must be started within one year after the offence occurs, unless another Act sets a different period. The maximum penalty for a provincial offence is a fine of $5,000, unless another Act provides otherwise. Certain words and phrases used throughout the Act are defined. DEFINITIONS Definitions 1 The following definitions apply in this Act. "court" means the Provincial Court of Manitoba. (« tribunal ») "default conviction penalty" means the default conviction penalty prescribed for the purpose of Part 2. (« pénalité de déclaration de culpabilité par défaut ») "driver's licence" means a driver's licence as defined in The Drivers and Vehicles Act . (« permis de conduire ») "enactment" means an Act of the Legislature or a regulation as defined in The Statutes and Regulations Act . (« texte législatif ») "enforcement officer" means (a) a police officer as defined in The Police Services Act ; (b) [repealed] S.M. 2022, c. 23, s. 22 ; (c) subject to the regulations, a person appointed or designated under an Act to enforce that Act; (d) in relation to a municipal offence, a person appointed or designated under The Municipal Act or The City of Winnipeg Charter to enforce municipal offences; (d.1) in relation to a First Nation offence, a First Nation safety officer appointed under The Police Services Act ; or (e) any other person or class of persons designated in the regulations. (« agent d'exécution ») "First Nation" means a band as defined in the Indian Act (Canada). (« Première nation ») "First Nation law" means (a) a by-law made by a First Nation under section 81 or 85.1 of the Indian Act (Canada); and (b) a law made by a First Nation under a land code pursuant to the Framework Agreement on First Nation Land Management reached between the Government of Canada and the First Nation. (« texte législatif d'une Première nation ») "First Nation offence" means a contravention of a First Nation law. (Version anglaise seulement) "image capturing enforcement system" means an image capturing enforcement system as defined in The Highway Traffic Act . (« système de saisie d'image ») "information" , in relation to commencement of proceedings, means an information laid before a justice under Part 3. (« dénonciation ») "justice" means a justice of the peace or a judge of the court. (« juge ») "licence plate" of a vehicle means a number plate as defined in The Drivers and Vehicles Act. (« plaque d'immatriculation ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "municipal offence" means a contravention of a by-law made by a municipality or of a provision of an Act that makes it an offence to contravene a by-law. (« infraction municipale ») "municipality" includes a local government district. (« municipalité ») "oath" includes an affirmation or declaration. (« serment ») "offence" means (a) an offence under an Act or regulation; (b) a municipal offence; or (c) a First Nation offence. (« infraction ») "owner" , in relation to a vehicle, has the same meaning as in The Drivers and Vehicles Act . (« propriétaire ») "parking offence" means an offence with respect to the parking, standing or stopping of a vehicle, and includes abandoning a vehicle. (« infraction de stationnement ») "photo enforcement offence" means an offence under The Highway Traffic Act in respect of which that Act permits evidence to be obtained by an image capturing enforcement system. (« infraction prouvable par saisie d'image ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "preset fine" means, (a) for a municipal offence, the amount set by municipal by-law as the preset fine for that offence; (a.1) for a First Nation offence, the amount set by First Nation law as the preset fine for that offence; (b) for a parking offence under The Public Works Act or The Provincial Parks Act , the amount prescribed under that Act as the preset fine for that offence; and (c) for any other offence, the amount prescribed under this Act as the preset fine for that offence. (« amende prédéterminée ») "prosecutor" means (a) the Attorney General of Manitoba or the person who lays an information, and includes an agent acting on behalf of either of them; (b) in the case of a municipal offence, an agent of the municipality; or (c) in the case of a First Nation offence, the Attorney-General of Canada or the person who lays an information, and includes an agent acting on behalf of either of them. (« poursuivant ») "Registrar of Motor Vehicles" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act . (« registraire des véhicules automobiles ») "ticket" means a ticket referred to in Part 2. (« procès-verbal d'infraction » ou « procès-verbal ») "vehicle" means a motor vehicle or vehicle as defined in The Highway Traffic Act. (« véhicule ») S.M. 2015, c. 43, s. 39 ; S.M. 2019, c. 11, s. 21 ; S.M. 2022, c. 23, s. 22 ; S.M. 2023, c. 32, s. 3 ; S.M. 2025, c. 11, s. 36 . APPLICATION OF THIS ACT When this Act applies 2(1) Subject to section 2.1, this Act applies to every case in which a person commits or is suspected of having committed an offence, unless another Act provides otherwise. When this Act does not apply — municipal by-laws 2(2) As exceptions to subsection (1), this Act does not apply to (a) offences related to the parking, standing or stopping of vehicles under municipal by-laws; or (b) contraventions of municipal by-laws designated under clause 3(2)⁠(a) of The Municipal By-law Enforcement Act. References to summary conviction process 2(3) When another Act provides that a person is liable to a penalty on summary conviction, this Act applies. S.M. 2023, c. 32, s. 4 . When Act applies to First Nation laws 2.1(1) This Act applies in respect of a First Nation law only if the law states that a prosecution for a contravention of the law may be dealt with under this Act. Exception 2.1(2) Parts 4 and 5 of this Act do not apply to First Nation offences. S.M. 2023, c. 32, s. 5 . GENERAL OFFENCE General offence 3 For the purpose of this Act, a person who contravenes an enactment by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence against the enactment. General penalty 4 Unless otherwise specifically provided under an Act or a First Nation law, a person who is convicted of an offence is liable to a fine of not more than $5,000. S.M. 2023, c. 32, s. 6 . LIMITATION PERIOD Limitation period 5(1) Unless otherwise specifically provided under an Act, no proceedings to which this Act applies may be commenced more than one year after the offence is alleged to have occurred. If continuing offence 5(2) If an offence occurs over time, a prosecution must not be commenced more than one year after the last occurrence of the alleged offence. PART 2 COMMENCING PROCEEDINGS BY TICKET Overview A person can be charged with an offence in one of two ways — by a ticket issued under this Part, or by a more formal process that compels the person to come to court, which is set out in Part 3. Tickets are generally issued for less serious offences and may be used only if there is a preset fine for the offence. A person who receives a ticket has the option of paying the fine indicated on the ticket, making a submission that the fine should be reduced, or asking for a hearing under Part 6 to dispute the charge. A person who does not respond to a ticket is considered to have admitted the offence and is convicted by default. Definitions 6 The following definitions apply in this Part. "fine" means the total of the following amounts: (a) the preset fine; (b) the court costs referred to in section 108; (c) the justice services surcharge prescribed for the purpose of this Act; (d) the surcharge established under The Victims' Bill of Rights . (« amende ») "response period" means the period established by regulation within which a person may respond to a ticket. (« délai de réponse ») COMPLETING A TICKET Completing a ticket 7(1) An enforcement officer who believes on reasonable grounds that a person has committed an offence for which there is a preset fine may commence a prosecution for that offence by completing a ticket in the prescribed form. Ticket to be dated and signed 7(2) A ticket must be signed and dated by the enforcement officer completing it. Ticket to be served on person charged 7(3) A ticket must be served on the person charged with the offence, in accordance with this Part. Content of ticket 8(1) Subject to section 9 (photo enforcement), a ticket must set out the following information: (a) the name of the person charged with the offence, and the person's address, if known, unless the ticket is for a parking offence; (b) 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) if the alleged offence was committed in connection with a motor vehicle, (i) the numbers and letters shown on the licence plate (if the vehicle has one), and (ii) the driver's licence or permit number of the person operating the vehicle (if they hold one), unless the ticket is for a parking offence; (e) the fine payable; (f) how and within what period the person charged with the offence may respond to the ticket; (g) that a person who fails to respond is deemed to have admitted the offence. How to specify the offence 8(2) The enforcement officer completing a ticket may set out the alleged offence by (a) placing a mark in the appropriate space on the ticket to indicate the offence; or (b) writing a brief description of the offence. Description of offence 8(3) The use of a prescribed word, description or abbreviation to set out an alleged offence in a ticket is sufficient to describe that offence. No need for oath 8(4) A ticket is valid even though it is not made under oath. Ticket need not set out driver's licence 8(5) Despite subsection (1), a ticket is not invalid because it fails to set out the driver's licence or permit number of a person operating a vehicle. Photo enforcement ticket 9(1) If an enforcement officer believes, based on evidence obtained by an image capturing enforcement system, that a vehicle was involved in contravening a photo enforcement offence, the officer may commence a prosecution against the owner of the vehicle by completing a ticket and serving it, or ensuring that it is served, on the owner. Content of photo enforcement ticket 9(2) A ticket for a photo enforcement offence must be in the prescribed form and set out the following information: (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 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 in the image from the image capturing enforcement system; (e) the enforcement officer's name, organization and badge or other identification number; (f) a reproduction of the image of the vehicle from the image capturing enforcement system, either reproduced on the ticket or attached to it; (g) if the ticket and reproduction of the image from the image capturing enforcement system are mailed to the owner of the vehicle under subsection 13(2), the date of mailing; (h) the enforcement officer's signature or a facsimile of it printed or reproduced on the ticket, or an electronic signature; (i) the fine payable; (j) how and within what period the person charged with the offence may respond to the ticket; (k) that a person who fails to respond is deemed to have admitted the offence; (l) any other prescribed information. Vehicle owner liable to pay parking or photo enforcement ticket 10 In the case of a ticket for a parking offence or a photo enforcement offence, the owner of the vehicle as indicated in the records of the Registrar of Motor Vehicles is, upon being served with the ticket, liable to pay the fine indicated on the ticket. 11 [Repealed] S.M. 2023, c. 16, s. 2 . Electronic tickets 12(1) A ticket may be created and completed in an electronic or other form that allows it to be reproduced in an understandable form. Electronic signature 12(2) An enforcement officer may sign a ticket by using an electronic signature created by an electronic scanner, electronic signature pad or other prescribed method. Sending a ticket in electronic form 12(3) A ticket in electronic form may be sent, received, transmitted, stored and otherwise dealt with electronically and may be converted to paper, and a paper ticket may be converted to electronic form. SERVING AND FILING A TICKET How ticket to be served 13(1) Subject to this section, a ticket may be served on the defendant as follows: (a) if the defendant is an individual, by serving it personally on the defendant or, if the defendant cannot conveniently be found, by leaving it for the defendant with a resident at the defendant's usual residence who appears to be at least 16 years old; (b) if the defendant is a corporation, (i) by serving it personally on an officer or director of the corporation or on a person who appears to be in charge at a place where the corporation carries on business, or (ii) by sending the ticket by regular mail to the corporation's registered office, in which case it is deemed to have been served seven days after the day it was mailed. Serving a photo enforcement ticket 13(2) A photo enforcement ticket may be served on the owner of the vehicle by sending it by regular mail to the owner's last known address as indicated in the records of the Registrar of Motor Vehicles within 14 days after the date of the alleged offence. The ticket is deemed to have been served seven days after the day it was mailed. Serving a parking ticket 13(3) A ticket for a parking offence is deemed to have been served on the owner of a vehicle when it is (a) affixed to the vehicle at the time of the alleged offence; or (b) served personally on the person having care or control of the vehicle at the time of the alleged offence. Serving an employee of vehicle owner 13(4) When an offence specified in a ticket is an offence by the owner of a vehicle and not by the driver or the person having care or control of the vehicle, if the driver or person having care or control is an employee of the vehicle owner, serving the ticket personally on the driver or person having care or control is deemed to be personal service on the owner. Substituted service 13(5) If an individual defendant cannot be served with a ticket in the manner authorized by this Part, substituted service may be made in any way that a justice may order. S.M. 2018, c. 19, s. 6 . Ticket filed with the court 14 Subject to the regulations, a copy of a ticket served on a defendant must be filed with the court within the prescribed time period. S.M. 2017, c. 26, s. 20 . HOW TO RESPOND TO A TICKET Ways to respond to a ticket 15 A person who is served with a ticket may do one of the following within the response period indicated on the ticket: (a) pay the fine indicated on the ticket in the manner set out in the ticket; (b) admit the offence but seek a reduction in the fine or time to pay in accordance with section 17; (c) dispute the charge and request a hearing in the manner set out in the ticket. If offence is admitted — fine paid 16 When the fine indicated on the ticket is paid under clause 15(a), the person served with the ticket is deemed to have admitted the offence, and a conviction may be entered against them without the involvement of a justice. If offence is admitted — amount disputed 17(1) If the person served with a ticket admits the offence but wishes to seek a reduction in the fine indicated on the ticket or time to pay, they must appear in the manner set out in the ticket and make submissions as to the amount of the fine, including time to pay. Submissions under oath 17(2) The justice may require submissions under subsection (1) to be made under oath. Justice to consider fine 17(3) A justice must consider and weigh any submissions made under subsection (1) and may (a) impose the fine indicated on the ticket; or (b) if the justice is satisfied that exceptional circumstances exist, (i) impose a lesser fine than that indicated on the ticket, or (ii) reprimand the person; and may allow time to pay. Notice of fine 17(4) The court must give the person a notice setting out the amount of a fine imposed under subsection (3) and the date by which it must be paid. If hearing requested 18 Upon receiving a hearing request under clause 15(c), the court must set a date for a hearing under Part 6 and give the person notice of the time and place of the hearing. DEFAULT CONVICTION IF PERSON FAILS TO RESPOND Default conviction if person fails to respond 19(1) If a person served with a ticket fails to take any of the actions in section 15 within the response period indicated on the ticket, (a) the person is deemed to have admitted the offence; (b) a default conviction is to be entered against the person without the involvement of a justice; and (c) the fine indicated on the ticket and a default conviction penalty are automatically imposed on the person. Default conviction if person fails to appear at hearing 19(2) If a person who requested a hearing under clause 15(c) fails to appear at the hearing after having been given notice under section 18, a justice may, without further notice, enter a default conviction against the person and impose the fine indicated on the ticket and the default conviction penalty. No default conviction penalty for parking offence 19(3) A default conviction penalty is not payable for a parking offence. Notice of default conviction 20 When a default conviction is entered against a person, the court must give the person a notice setting out the following: (a) that a default conviction has been entered; (b) the amount of the fine and default conviction penalty imposed; (c) that the person may apply to have the default conviction set aside under section 21. S.M. 2026, c. 37, s. 64 . APPLICATION TO SET ASIDE DEFAULT CONVICTION Application to set aside default conviction 21(1) A person against whom a default conviction has been entered may appear before a justice and apply to have the conviction set aside. Application deadline 21(2) Except as permitted under subsection (2.1), an application to set aside a default conviction must be made within 30 days after the person is given notice of the default conviction under section 20. Extending time to apply 21(2.1) A justice may extend the time for a person to apply to set aside a default conviction if, on application by the person, the justice is satisfied that (a) the person was unable to apply to set aside the default conviction before the deadline set out in subsection (2) due to circumstances beyond the person's control; and (b) the person applied to extend the time to apply to set aside the default conviction as soon as possible after the deadline. Fee 21(3) An application must be accompanied by the prescribed application fee, which is to be refunded if the default conviction is set aside. Setting aside the conviction 21(4) A justice may, after a hearing, set aside a default conviction if the justice is satisfied that (a) through no fault of the person, they did not receive the ticket or a notice required to be provided under this Part; or (b) exceptional circumstances prevented the person from dealing with the ticket, such as an extended absence from Manitoba or a serious medical condition. When conviction set aside 21(5) A justice who sets aside a default conviction must ask the person whether they admit the offence or wish to dispute the charge. If conviction set aside — offence admitted 21(6) If a default conviction is set aside but the person admits the offence, the justice must give the person an opportunity to make submissions as to the amount of the fine, including time to pay. The justice may (a) impose the fine indicated on the ticket; or (b) if the justice is satisfied that exceptional circumstances exist, (i) impose a lesser fine than that indicated on the ticket, or (ii) reprimand the person; and may allow time to pay. If conviction set aside — charge disputed 21(7) If a default conviction is set aside and the person wishes to dispute the charge, the justice may proceed to hear the matter or direct the court to set a date for a hearing under Part 6 and give the person a notice of the time and place of the hearing. If person fails to appear 21(8) If a person fails to appear at a hearing set under subsection (7), (a) the person is deemed to have admitted the offence and the justice must enter a default conviction against the person; (b) the fine indicated on the ticket and a default conviction penalty are automatically imposed on the person; and (c) despite any other provision of this Act, no steps may be taken to set aside the default conviction or obtain a new hearing in relation to the offence. Notice of default conviction 21(9) When a default conviction is entered under subsection (8), the court must give the person a notice setting out the following: (a) that a default conviction has been entered; (b) the amount of the fine and default conviction penalty imposed; (c) that the person may not take any further steps to set aside the default conviction or obtain a new hearing in relation to the offence. S.M. 2026, c. 37, s. 64 . PART 3 COMMENCING PROCEEDINGS BY INFORMATION Overview This Part deals with offences that must be brought before a justice of the court to be resolved. A charge under this Part is begun by a person giving information under oath to a justice about an alleged offence (referred to as "laying an information"). If the justice is satisfied that there is sufficient information to support a charge, he or she will issue a summons to the person alleged to have committed the offence. The summons describes the offence and requires the person to come to court at a specified time. A person can appear before a justice to admit the offence and make a submission about the appropriate penalty. If the person wishes to dispute the charge, a hearing is scheduled before a justice. A person who does not appear in court to respond to a summons may be arrested, or the justice may decide the matter in the person's absence. Commencing a proceeding by information 22(1) In addition to the ticket process set out in Part 2, a prosecution for an offence may be commenced by laying an information before a justice. Exception if ticket already served 22(2) If a ticket has already been served on a defendant, an information may not be laid in respect of the same offence except with the consent of the Attorney General or his or her agent. The ticket is void once an information is laid. COMPLETING AND LAYING AN INFORMATION Completing an information 23(1) An enforcement officer or other person who believes on reasonable grounds that a person has committed an offence may complete an information respecting the alleged offence in accordance with this Part. Prescribed form and under oath 23(2) An information must be in the prescribed form and be made under oath. Content of information 23(3) An information must set out the following: (a) the name of the person alleged to have committed the offence; (b) the alleged offence; (c) the date on which and the approximate location where the offence is alleged to have been committed; (d) sufficient detail of the circumstances of the alleged offence to give the person alleged to have committed the offence reasonable information about the act or omission to be proved against them. Description of offence 23(4) For the purpose of clause (3)⁠(b), an information may set out the alleged offence by specifying the section of the enactment, by-law or First Nation law that describes the offence, by using the words of the enactment, by-law or First Nation law, or by using other words sufficient to give the defendant notice of the offence. S.M. 2023, c. 32, s. 9 . Information to be laid before justice 24(1) An information must be laid before a justice, either in person or by other means acceptable to the court. Subsection 97(2) applies when the information is not laid in person. Justice to review information 24(2) A justice must review the information and, when he or she considers it desirable to do so, hear and consider in the absence of the defendant the allegations of the person who laid the information and the evidence of any witnesses. SUMMONS TO APPEAR Summons to appear 25(1) If, after completing a review of an information under subsection 24(2), the justice considers that there is evidence of each element of the alleged offence and that the defendant should be required to answer to the charge, the justice may issue a summons compelling the defendant to appear before a justice. Content of summons 25(2) A summons must be in the prescribed form and must (a) be directed to the defendant; (b) briefly set out the offence charged; and (c) require the defendant to appear at a time and place stated in the summons. Notice of private prosecution to Attorney General 25(3) When a summons is issued on the basis of an information laid by a person who is not an enforcement officer, the justice issuing the summons must provide a copy of the information to the Attorney General. Serving the summons 26(1) If the defendant is an individual, a summons must be served personally or, if the defendant cannot conveniently be found, by leaving it for the defendant with a resident at the defendant's usual residence who appears to be at least 16 years old. Service outside Manitoba 26(2) Despite subsection (1), when a summons is directed to a person who does not reside in Manitoba, the summons may be sent by registered mail to the person's last known address. Service on corporation 26(3) A summons may be served on a corporation, (a) by serving it personally on an officer or director of the corporation or on a person who appears to be in charge at a place where the corporation carries on business; or (b) by sending the summons by regular mail to the corporation's registered office, in which case it is deemed to have been served seven days after the day it was mailed. Defendant must appear 27 A defendant who is served with a summons must appear at the time and place set out in the summons, and at any subsequent time and place required by the court. Arrest warrant in limited circumstances 28 Instead of a summons, a justice may issue an arrest warrant for a defendant under section 49 if the justice is satisfied, based on information provided by an enforcement officer, that an arrest is necessary in the public interest (a) to ensure the defendant's attendance in court; or (b) to prevent the continuation or repetition of the offence or the commission of another offence. ANSWERING AN INFORMATION If defendant admits the offence 29(1) When a defendant appears before a justice to admit the offence charged in an information, the justice may, after giving the prosecutor and the defendant an opportunity to make submissions as to the penalty, including time to pay, (a) impose any penalty authorized by law; or (b) if the justice is satisfied that exceptional circumstances exist, reprimand the defendant unless the Act creating the offence provides for a minimum penalty; and may allow time to pay. Submissions under oath 29(2) The justice may require the defendant's submissions to be made under oath. Payment of court costs and surcharges 29(3) A defendant on whom a fine is imposed under subsection (1) must pay the following additional amounts: (a) court costs equal to 30% of the fine imposed; (b) the prescribed justice services surcharge; (c) the surcharge established under The Victims' Bill of Rights . Reduction or waiver of costs and surcharge 29(4) A justice who is satisfied that exceptional circumstances exist may reduce or waive the court costs or the justice services surcharge payable under subsection (3). If defendant disputes the charge 29(5) When a defendant appears before a justice to dispute the charge in an information, the justice must set a date for a hearing under Part 6. Notice of court date 29(6) The court must give the defendant notice of the time and place of a hearing set under subsection (5). CONDITIONS ON DEFENDANT PENDING DISPOSITION Attorney General may apply for conditions 30(1) Pending final disposition of a proceeding commenced by an information, the Attorney General or his or her agent may apply to a justice to impose conditions on the defendant for the purpose of preventing the continuation or repetition of the offence or the commission of another offence. Defendant may make submissions 30(2) The justice must give the defendant an opportunity to make submissions before conditions are imposed. Order 30(3) The justice may, by order, impose any conditions on the defendant that the justice considers necessary to prevent the continuation or repetition of the offence or the commission of another offence. Copy of order to defendant 30(4) The court must give the defendant a copy of an order that imposes conditions. Conditions effective until matter disposed of 30(5) Conditions imposed in an order remain in effect until varied or removed by a justice, or until the matter is finally disposed of. APPEARANCE NOTICE BEFORE INFORMATION LAID Appearance notice before information laid 31(1) Before laying an information, an enforcement officer who believes on reasonable grounds that a person has committed an offence may issue an appearance notice to the person requiring them to come to court at a specified time. Content 31(2) An appearance notice must (a) name the person who is the subject of the notice; (b) describe the alleged offence; and (c) require the person to attend court at a specified time and place. Serving the notice 31(3) An appearance notice must be served personally on the person who is the subject of it. Information must be laid before date of appearance 31(4) After an appearance notice has been served, an information respecting the alleged offence must be laid before a justice under subsection 24(1) as soon as practicable and, in any event, before the time specified in the appearance notice for the person to attend court. Person must appear 31(5) A person who is served with an appearance notice must appear at the time and place set out in the notice, and at any subsequent time and place required by the court. Appearance notice void if no information laid 31(6) An appearance notice is void if an information is not laid as required by subsection (4). PART 4 SEARCH WARRANTS, SEIZURE OF EVIDENCE AND WARRANTS TO ENTER Overview To investigate whether a provincial offence has been committed, police and other enforcement officers may need a search warrant to allow them to enter a place and seize items that provide evidence of an offence. Rules for applying for search warrants and executing them are set out in this Part. An item that has been seized has to be returned to its lawful owner unless it is needed to investigate or prosecute an offence or it is perishable or hazardous. This Part sets out detailed requirements for how long seized items may be detained, and how the lawful owner may apply to get them back. Seized items that are perishable or hazardous may be sold or otherwise disposed of rather than being detained. When another Act authorizes inspections to be carried out, an enforcement officer may apply for a warrant to enter and inspect a specific place if the enforcement officer has been refused entry to the place, or if a refusal is likely. DEFINITIONS Definitions 32 The following definitions apply in this Part. "authorized detention period" means a period during which a thing that has been seized may be detained under subsection 39(2) or section 40. (« période de rétention autorisée ») "place" includes a vehicle and a receptacle. (« lieu ») "record" means any information that is recorded or stored — whether by mechanical, electronic, magnetic or any other means — in an understandable form, or that is capable of being produced or reproduced in an understandable form. (« document ») "responsible official" means the person referred to in item 3 of subsection 39(1) who retains custody of anything detained under this Part. (« fonctionnaire responsable ») APPLICATION OF THIS PART Application of this Part 33(1) This Part applies except to the extent that it is inconsistent with a provision of the Act under which the offence is created. Dealing with seized things 33(2) Sections 39 to 44 of this Part apply unless the Act under which the offence is created sets out a different process for dealing with things that have been seized. For greater certainty, sections 39 to 44 apply when an Act specifies that something seized is to be dealt with according to law. SEARCH WARRANTS Applying for search warrant 34(1) An enforcement officer may apply for a search warrant by submitting information under oath to a justice. How application may be made 34(2) An application may be made either in person or by telephone or other means acceptable to the court. Subsection 97(2) applies when the application is not made in person. Notice not required 34(3) An application for a search warrant may be made without notice. Conditions for issuing warrant 34(4) A justice may issue a search warrant if he or she is satisfied by information under oath that there are reasonable grounds to believe that (a) an offence is being or has been committed; and (b) something is to be found in a place that will provide evidence of the offence. Authority of search warrant 35(1) A search warrant may authorize an enforcement officer and any other person named in the warrant to do any or all of the following: (a) enter and search the place described in the warrant and seize and detain or take samples of anything described in the warrant; (b) use any data storage, processing or retrieval device or system in the place in order to produce a record, information or evidence described in the warrant, in any form; (c) use any copying equipment in the place to make copies of any record; (d) take photographs or recordings of the place or anything in the place; (e) conduct any measurements or tests on the place or of anything in the place. When warrant expires 35(2) A search warrant must specify the date it expires, which must not be more than 15 days after it was issued. Securing place to be searched 36 An enforcement officer who believes on reasonable grounds that the conditions for obtaining a search warrant exist may do anything reasonably necessary to secure the place to be searched until an application for a search warrant can be made. EXECUTING A SEARCH WARRANT Execution to begin between 8:00 a.m. – 8:00 p.m. 37(1) Execution of a search warrant must begin between 8 a.m. and 8 p.m. unless the warrant specifically provides otherwise. Use of force 37(2) An enforcement officer and any other person named in a search warrant may use whatever force is reasonably necessary to execute the warrant. Police officer assistance 37(3) If requested, a police officer must provide assistance to an enforcement officer who is executing a search warrant. Providing a copy 37(4) Before entering a place to be searched or as soon as possible after entering, a person executing a search warrant must provide a copy of the warrant to a person who appears to be in control of the place. Posting a copy if place unoccupied 37(5) If the place to be searched is unoccupied, the person executing the search warrant must post a copy of the warrant in a prominent location on the place before entering the place or as soon as possible after entering. No invalidation of search or seizure 37(6) Failing to provide or post a copy of a search warrant as required by this section does not invalidate a search or the seizure of anything under the authority of the warrant. Documents in lawyer's possession 37(7) The procedures in section 488.1 of the Criminal Code (Canada) (documents in a lawyer's possession) apply, with necessary changes, to the seizure of a record in a lawyer's possession for which solicitor-client privilege is claimed. Additional seizure powers 38 While conducting a search for the things described in a search warrant, a person executing the warrant may seize and detain, in addition to anything described in the warrant, anything else the person believes on reasonable grounds will provide evidence of an offence. HOW SEIZED THINGS ARE TO BE DEALT WITH Duty of person who seizes things 39(1) A person who seizes anything under the authority of a search warrant, or otherwise in the performance of his or her duties under an Act, must take the following steps as soon as practicable: 1. The person must determine whether continued detention of the seized thing is required to investigate or prosecute an offence. 2. If continued detention is not required and there is no question or dispute about who is lawfully entitled to possession of it, the person must return the thing to the person lawfully entitled to possession. 3. If continued detention is required, or if there is a question or dispute about who is lawfully entitled to possession of it, the person must notify the court that the seized thing is being detained and who will retain custody of it. Three-month time limit for detention 39(2) The maximum period that anything seized may be detained is three months from the day it was seized unless (a) a prosecution is commenced in which the thing may be required, in which case it may be detained until the matter is finally disposed of; or (b) continued detention is authorized by an order under section 40. Seized things may be examined or copied 39(3) A thing that has been seized may be examined, tested, copied, photographed or recorded. ORDER TO EXTEND A DETENTION PERIOD Application to extend detention 40(1) A prosecutor or the responsible official may apply to a justice for an order authorizing anything that has been seized to be detained for longer than the three-month period authorized by subsection 39(2). Notice 40(2) At least three days' notice of an application to extend a detention period must be given to the person from whom the thing was seized or other person lawfully entitled to possession of it, if known. Order to extend 40(3) A justice may make an order authorizing continued detention for a specified period, if he or she is satisfied that continued detention is required to investigate or prosecute an offence. Application to provincial judge if more than one year 40(4) More than one application to extend a detention period may be made under this section, but an application must be made to a provincial judge if the total detention period will be longer than one year were the order to be made. Application made after detention period expires 40(5) Even if an authorized detention period has expired, an order may be made under this section if the justice or judge is satisfied that continued detention is required to investigate or prosecute an offence and that it is in the interests of justice to make the order. If person consents 40(6) A thing may be detained for any period if the person lawfully entitled to possession of it consents in writing. ACCESS TO SEIZED THINGS Application to examine or test 41(1) A person who has an interest in anything that has been seized may apply to a justice for an order permitting the person to examine, test, copy, photograph or record it, subject to any conditions specified in the order. Notice 41(2) A person applying under subsection (1) must give at least three days' notice to the prosecutor or responsible official and to any other person with an apparent interest in the thing that has been seized. RETURN OR DISPOSITION OF SEIZED THINGS Application for return or release of seized thing 42(1) A person from whom a thing has been seized, and any person claiming to be lawfully entitled to possession of it, may apply to a justice for an order that it be returned or released to them. Application by prosecutor or responsible official 42(2) A prosecutor or the responsible official must apply to a justice for an order respecting the disposition of a thing that has been seized if continued detention is not required to investigate or prosecute an offence and (a) it is not possible or feasible to return it to the person from whom it was seized, whether because possession of the thing is unlawful or otherwise; or (b) there is a question or dispute about who is lawfully entitled to possession of it. Notice — application by owner or person entitled 42(3) Unless the court allows a shorter period, at least three days' notice of an application under subsection (1) must be given to the prosecutor or responsible official and to any other person who has an apparent interest in the thing that was seized. Notice — application by prosecutor or responsible official 42(4) Unless the court allows a shorter period, at least three days' notice of an application under subsection (2) must be given to the person from whom the thing was seized and any other person who has an apparent interest in it. Orders 42(5) A justice to whom an application is made under this section may, when the authorized detention period for a seized thing has expired or it appears that the thing is no longer required to investigate or prosecute an offence, (a) order it to be returned to the person from whom it was seized; (b) order it to be released to another person who is lawfully entitled to possession of it; (c) order it to be forfeited to the government and disposed of as the Attorney General directs, if possession is unlawful or the person lawfully entitled to possession is unknown; (d) make any other order that the justice considers necessary or appropriate. Detention pending appeal, etc. 42(6) Despite anything in this Part, a thing that has been seized must not be returned, released, forfeited or disposed of under this section until the later of the following: (a) 30 days after an order is made under this section; (b) if an order under this section is appealed under Part 8, 30 days after the decision on the appeal has been made.

PERISHABLE OR HAZARDOUS THINGS Perishable or hazardous things 43(1) Despite sections 39 to 42, if a seized thing is perishable or hazardous, a prosecutor or the responsible official may at any time apply to a justice for an order that it be destroyed, sold, given to a specified charity or public institution, or otherwise disposed of, subject to any terms and conditions the justice considers appropriate. Notice 43(2) At least three days' notice of an application must be given to the person from whom the thing was seized or other person lawfully entitled to possession of it, if known, unless the court directs otherwise. Proceeds of sale 43(3) When a perishable or hazardous thing is sold under this section and there is no question or dispute about who was lawfully entitled to possession of the thing at the time it was seized, the proceeds of the sale are to be paid to the person lawfully entitled to possession. Application for payment 43(4) If the proceeds are not paid under subsection (3), (a) the person from whom the thing was seized, and any person claiming to have been lawfully entitled to possession of it, may apply to a justice for an order that the proceeds be paid to them; (b) a prosecutor may apply for an order respecting payment of the proceeds, including an order that the proceeds be forfeited to the government. Order 43(5) A justice to whom an application is made may (a) order the proceeds of the sale to be paid to the person from whom the thing was seized, or to another person who was lawfully entitled to possession of it at the time it was seized; (b) order the proceeds of the sale to be forfeited to the government and disposed of as the Attorney General directs, if possession of the seized thing was unlawful or the person lawfully entitled to possession is unknown; (c) make any other order that the justice considers necessary or appropriate. Notice 43(6) The notice requirements in subsections 42(3) and (4) apply to an application under this section, with necessary changes. Definition of "proceeds of the sale" 43(7) In this section, "proceeds of the sale" of a seized thing include interest on the proceeds at a rate set by the Minister of Finance, less the costs of the sale and of any storage pending the sale. FORFEITURE OF SEIZED ITEMS BELOW A PRESCRIBED VALUE Forfeiture of seized items on a ticket 44(1) This section applies to anything with a value below a prescribed amount that was seized when a ticket was issued, despite section 39. Forfeiture after 90 days 44(2) If (a) a person charged with an offence by a ticket has paid the fine indicated on the ticket, or the matter has been finally disposed of; and (b) 90 days have elapsed since the fine was paid or the matter finally disposed of and no application has been made under section 42 for the return or disposal of the seized thing; the seized thing is forfeited to the government without the involvement of a justice and is to be disposed of as the Attorney General directs. S.M. 2014, c. 32, s. 21 ; S.M. 2017, c. 26, s. 20 . COPIES OF SEIZED RECORDS Seized records may be copied 45(1) The prosecutor or responsible official may make a copy of a record that has been seized, and may keep the copy even after the original is no longer required. Certified copy as evidence 45(2) The person who made a copy of a record under subsection (1) or someone present when it was made may certify it to be a true copy. The certified copy is admissible in evidence as if it were the original. WARRANT TO ENTER AND INSPECT Warrant to enter and inspect 46(1) If an inspection is authorized under another Act, a justice may issue a warrant authorizing an enforcement officer and any other person named in the warrant to enter a place and carry out an inspection, if the justice is satisfied by information under oath that (a) entry to the place has been refused; or (b) there are reasonable grounds to believe that (i) entry will be refused, or (ii) if an enforcement officer were refused entry, delaying the inspection to obtain a warrant on the basis of the refusal could be detrimental to the inspection. Application 46(2) An application for a warrant to enter and inspect may be made by an enforcement officer either in person or by telephone or other means acceptable to the court. Subsection 97(2) applies when the application is not made in person. Notice not required 46(3) An application for a warrant to enter and inspect may be made without notice. Use of force 46(4) An enforcement officer and any other person named in the warrant may use whatever force is reasonably necessary to execute the warrant. Police officer assistance 46(5) If requested, a police officer must provide assistance to an enforcement officer who is executing a warrant. PART 5 ARREST AND RELEASE Overview This Part allows a person to be arrested without a warrant if police (or another enforcement officer) witness the person committing an offence. Arrest without a warrant is permitted only if the arrest is necessary to establish the person's identity, to preserve evidence or to stop the offence from continuing or being repeated or another offence from being committed. A justice may issue a warrant for a person's arrest if the person is evading service of a summons, does not come to court when required, or if an arrest is necessary to stop an offence from continuing or being repeated or another offence from being committed. A person who has been arrested must be released as soon as there is no reason to detain them. Once released, the person must come to court when required and comply with any conditions that a justice may impose. ARREST WITHOUT WARRANT Arrest without warrant 47(1) An enforcement officer who witnesses a person apparently committing an offence may arrest the person without a warrant, but only if detaining the person is necessary to (a) establish the person's identity; (b) secure or preserve evidence relating to the offence; or (c) prevent the continuation or repetition of the offence or the commission of another offence. Police officer assistance 47(2) If requested, a police officer must provide assistance to an enforcement officer who is seeking to arrest a person without a warrant. No arrest without warrant for municipal offence 47(3) A person may not be arrested without a warrant in respect of a municipal offence. Release or detention 48(1) An enforcement officer who arrests a person without a warrant, whether under section 47 or an arrest power in another Act, must (a) release the person as soon as it is no longer necessary to detain them for a purpose set out in subsection 47(1); or (b) deliver the person to the police officer in charge of a place of detention if the officer believes on reasonable grounds that detention is necessary for such a purpose. Release 48(2) The police officer in charge of the place of detention may release the arrested person if he or she is of the opinion that continued detention is no longer required for a purpose set out in subsection 47(1). A person who is not released is to be dealt with in accordance with section 50. ARREST WITH WARRANT IF PROCEEDINGS COMMENCED BY INFORMATION Grounds for issuing an arrest warrant 49(1) If proceedings have been commenced by an information, a justice may issue a warrant for the defendant's arrest in any of the following circumstances: (a) reasonable attempts have been made to serve the defendant with a summons but service has not occurred despite those attempts; (b) the justice is satisfied that an arrest is necessary in the public interest to ensure the defendant's attendance in court or to prevent the continuation or repetition of the offence or the commission of another offence; (c) the defendant does not attend court as required by a summons, appearance notice, promise to appear or court order. Form of warrant 49(2) An arrest warrant must (a) name or describe the defendant; (b) set out the alleged offence; and (c) order the defendant to be arrested and detained until released in accordance with this section or section 50. Endorsement permitting release 49(3) The justice issuing a warrant may authorize a police officer to release the defendant under subsection (6) by endorsing permission to do so on the warrant. Duration of warrant 49(4) An arrest warrant remains in force for five years, unless it is extended by a justice before that time on application by a prosecutor. Warrant executed by police 49(5) An arrest warrant must be executed by a police officer. Release or detention 49(6) The police officer who arrests a defendant, whether under the authority of an arrest warrant issued under this section or under another Act, must (a) if permitted by the justice issuing a warrant under this section, release the defendant as soon as practicable upon the person giving a promise to appear; or (b) deliver the defendant to the police officer in charge of a place of detention. Promise to appear 49(7) A promise to appear referred to in this section must be in the prescribed form and must (a) name the person who is the subject of the promise to appear; (b) specify the alleged offence; and (c) specify the time and place that the person must appear in court and state that they must attend at any subsequent time and place required by the court. ARRESTED PERSON TO APPEAR BEFORE A JUSTICE Appearance before justice within 24 hours 50(1) An arrested person who is not released under subsection 48(2) or clause 49(6)⁠(a) must be brought before a justice as soon as practicable, but not later than 24 hours after the arrest. Appearance by telephone or other means 50(2) The justice may allow the person to appear by telephone or through the use of video or audio links or other electronic means. Order for release 50(3) The justice must order the arrested person to be released on the condition that the person appear in court at the time and place specified in the order, unless a prosecutor shows cause why detention is justified (a) to ensure that the person appears in court; or (b) to prevent the continuation or repetition of the offence or the commission of another offence. Order for release — additional conditions 50(4) The justice may include any conditions in an order for release that the justice considers necessary, including that the person (a) deposit cash with the court or provide other security acceptable to the court; (b) surrender their passport; (c) not communicate, directly or indirectly, with a person identified in the order or not go to a place specified in the order; (d) not possess something specified in the order. If person detained for 90 days 50(5) If a person has been detained under this section for 90 days and no hearing respecting the alleged offence has commenced, the person must be brought before a provincial judge without delay, and the judge must order the person to be released unless extraordinary circumstances justify continued detention. The order for release may include any of the conditions set out in subsection (3) or (4). Release conditions effective until matter disposed of 50(6) Conditions imposed on an arrested person under this section remain in effect until varied or removed by a justice or a judge, or until the matter is finally disposed of. Copy to arrested person 50(7) The court must give the arrested person a copy of any order made under this section. PART 6 HEARINGS AND OTHER PROCEEDINGS Overview A person charged with an offence who wishes to dispute the charge may ask for a hearing. At the hearing, a justice will hear from both the prosecutor and the person charged and decide whether the person should be convicted or the charge dismissed. The powers of a justice conducting a hearing are set out in this Part. Either side may present evidence and call witnesses. A defendant who fails to attend a hearing may be convicted in his or her absence. When must a hearing be held? 51 A justice must hold a hearing when (a) a hearing date is set under section 18 for a person who disputes the charge in a ticket; (b) a hearing date is set under subsection 21(7) after a default conviction is set aside; or (c) a hearing date is set under subsection 29(5) for a defendant who disputes the charge in an information. PRE-HEARING CONFERENCE Pre-hearing conference 52(1) To promote a fair and timely hearing, a justice may order a pre-hearing conference to consider matters that would be better decided before the hearing starts. A pre-hearing conference may be held in private. Request by prosecutor, etc. 52(2) A prosecutor or defendant may apply for a pre-hearing conference or the justice may order one on his or her own motion. APPEARANCE OF THE DEFENDANT OR REPRESENTATIVE Appearance of the defendant 53(1) A defendant may appear and act personally or by representative in any proceeding. Representative may be excluded 53(2) A justice may bar a person from appearing as a representative if the justice finds that the person is not able to properly represent or advise the person for whom they appear. Exception re lawyers, etc. 53(3) Subsection (2) does not apply to a person authorized to practise law under The Legal Profession Act . Defendant may be compelled to attend 54 Although a defendant appears by representative, the justice may order the defendant to appear personally, and may issue a summons in the prescribed form if the justice considers it necessary. DEFENDANT MAY ADMIT OR DENY THE OFFENCE Defendant may admit or deny the offence 55(1) At the start of a hearing, the substance of the offence charged must be stated to the defendant who must be asked whether he or she admits or denies the offence. Conviction if defendant admits the offence 55(2) If the defendant admits the offence, the justice may accept the admission and convict the defendant. Admitting another offence 55(3) If the defendant admits an offence other than the one charged, the justice may, with the prosecutor's consent, accept the admission and amend the ticket or information by substituting the offence that the defendant admits. Hearing if no admission 55(4) The justice must proceed with a hearing if the defendant denies the offence or refuses to either admit or deny the offence, or does not answer directly. ATTORNEY GENERAL MAY WITHDRAW OR STAY A CHARGE OR INTERVENE Attorney General may withdraw or stay a charge 56(1) In addition to the right to withdraw a charge, the Attorney General or his or her agent may stay a proceeding at any time before the matter is finally disposed of. Charge may be recommenced 56(2) A proceeding that has been stayed may be recommenced by the Attorney General or his or her agent, but only within one year after the stay. Attorney General may intervene 57(1) The Attorney General may intervene in a prosecution commenced by an information laid by someone other than the Attorney General or his or her agent. Powers on an intervention 57(2) On an intervention, the Attorney General or agent may do any of the following: (a) withdraw the charge against the defendant; (b) stay the proceedings; (c) take over conduct of the prosecution of the offence. POWERS OF A JUSTICE IN A HEARING OR PROCEEDING Powers of a justice 58 Unless otherwise provided, in a hearing or other proceeding under this Act, the justice may do anything that he or she considers necessary or desirable for the purpose of resolving the matter in a fair and timely way, including the following: 1. Adjournments — A justice may adjourn a hearing or other proceeding at any time. If there is an adjournment, the parties must be notified of the time and place when they must next attend court. 2. Dealing with two or more matters together — If a justice is satisfied that one or more tickets or informations relate to the same incident and may fairly be dealt with together, the justice may direct that they be dealt with at the same time. 3. Agreed facts — A justice may receive and act upon any facts the defendant and prosecutor have agreed upon, without further proof or evidence. 3.1 Quashing a ticket  — A justice must quash a ticket that fails to meet the requirements of Part 2, unless the ticket can be amended without prejudicing the defendant . 4. Quashing an information — A justice must quash an information that fails to meet the requirements of Part 3, unless the information can be amended without prejudicing the defendant. 4.1 Amending a ticket  — A justice may amend a ticket that is valid on its face to add, delete or change any information on the ticket and may grant an adjournment if that is necessary for the matter to be decided fairly. 5. Amending an information — A justice may amend an information that is valid on its face to add, delete or change any wording in the information, and may grant an adjournment if that is necessary for the matter to be decided fairly. 6. Ordering disclosure — Before or during a hearing, a justice may (a) order the prosecutor to disclose particulars or other relevant information or records to the defendant, subject to any other law, (b) order the disclosure of a report prepared by an expert to the defendant or the prosecutor. 7. Ordering exhibits released — A justice may order that any exhibits be released to the defendant or the prosecutor for independent testing, on any terms or conditions the justice may determine. 8. Ordering court location — A justice may order that a hearing take place in any court location in Manitoba that is most convenient for the parties. 9. Preserving order — A justice may make any order necessary to preserve order in the court. 10. Excluding persons — A justice may (a) order the defendant to be removed and kept out of court if the defendant interrupts a hearing so that his or her continued presence is not feasible, (b) exclude the public or any person from a hearing or part of a hearing in order to maintain order, protect the interests of a child, or remove an improper influence on the testimony of a witness. 11. Prohibiting publication – victims and witnesses — A justice may order that any information that could identify a victim or a witness not be published or broadcast in any way, if the justice is satisfied that the order is necessary for the proper administration of justice. 12. Prohibiting publication – children — A justice may order that any information that could identify a child not be published or broadcast in any way, if the justice is satisfied that the order is necessary to protect the interests of the child. 13. Using technology — A justice may permit any evidence to be given or proceedings to occur through the use of video or audio links or other electronic means, on any terms the justice may determine. 14. Dismissal or adjournment if prosecutor fails to appear — If the defendant appears at a hearing and the prosecutor does not, the justice may dismiss the charge or may adjourn the hearing to another time. S.M. 2023, c. 16, s. 3 . EVIDENCE GENERALLY Prosecutor to conduct case 59(1) The prosecutor is responsible for conducting the case against the defendant. Full answer and defence 59(2) The defendant is entitled to make full answer and defence to the charge against him or her. Right to examine witnesses 59(3) The prosecutor and defendant may examine and cross-examine witnesses, subject to section 63 (certificate evidence) and to any other law respecting certificate evidence. Evidence under oath 59(4) A witness must be examined under oath, unless section 24 (witness whose capacity is in question) of The Manitoba Evidence Act applies. Defendant not compellable 59(5) The defendant is not a compellable witness for the prosecution. Admissible evidence 60(1) In a hearing on a ticket, a justice may admit as evidence anything that the justice considers is relevant to an issue, whether or not it would be admissible under the laws of evidence. Exception 60(2) A justice may not admit anything under subsection (1) that is subject to solicitor-client privilege or privileged under the laws of evidence. Burden of proving an exception, etc. 61 The burden of proving that an exception, exemption, authorization or qualification provided by law operates in favour of the defendant is on the defendant. The prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, authorization or qualification does not operate in favour of the defendant, whether or not it is set out in the charge against the defendant. Business records 62 In a hearing on a ticket, business records may be admitted into evidence without notice, despite subsection 49(3) of The Manitoba Evidence Act . CERTIFICATE EVIDENCE Certificate evidence 63(1) In a hearing on a ticket, a certificate that appears to be signed by an enforcement officer or other person authorized by regulation and any document attached to the certificate that sets out evidence of the alleged offence is admissible as evidence and is proof of the facts stated in the certificate or attached document in the absence of evidence to the contrary. No need to prove appointment or signature 63(2) There is no need to prove the appointment or signature of the enforcement officer or other authorized person who signed the certificate. Limited right to require officer to attend 63(3) The defendant is not entitled to require the person who signed the certificate to attend to give evidence unless the justice is satisfied that the person's attendance is necessary for the matter to be decided fairly. Decision as to attendance 63(4) In deciding whether to require the person who signed the certificate to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the person to attend. Onus 63(5) In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt. Notice 63(6) In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly. S.M. 2023, c. 16, s. 4 . SUBPOENA DIRECTED TO A WITNESS Subpoena directed to a witness 64(1) A justice who is satisfied that a person is able to give relevant evidence at a hearing may issue a subpoena requiring the person (a) to attend to give evidence at a time and place specified in the subpoena; and (b) if required, to bring records and anything else in their possession or under their control relating to the subject matter of the hearing. Service 64(2) A subpoena must be served personally. Person must attend 64(3) A person who is served with a subpoena must attend to give evidence at the specified time and place and, if required, must bring records and anything else in his or her possession or under his or her control relating to the subject matter of the hearing. Person must remain in attendance 64(4) A person who is served with a subpoena must remain in attendance throughout the proceedings, unless excused by the justice. Arrest of witness who fails to respond to subpoena 65(1) When a subpoena has been issued to a person under section 64, a justice may issue a warrant for the person's arrest if (a) attempts to serve the subpoena have failed because the person is evading service; or (b) the subpoena has been served but the person does not attend or remain in attendance as required. Warrant executed by police 65(2) An arrest warrant must be executed by a police officer. Bringing before a justice 65(3) A person arrested under this section must be brought before a justice without delay. The justice may (a) order the person to be detained in custody until his or her presence at the hearing is no longer required; (b) order the person to be released subject to any conditions that the justice considers necessary to ensure the person's attendance in court; or (c) make any other order that the justice considers necessary or appropriate. DECISION OF JUSTICE AFTER HEARING Decision of justice after hearing 66(1) After considering the matter at a hearing, the justice must (a) convict the defendant; or (b) dismiss the charge. Order endorsed on ticket or information 66(2) A conviction or dismissal of the charge must be endorsed on the ticket or information, and a copy provided to the defendant on request. PROCEEDING ON AN INFORMATION IF DEFENDANT ABSENT Proceeding on an information if defendant absent 67(1) If a defendant charged by an information does not appear (in person or by representative) at the time and place set for a hearing, or at any subsequent time and place required by the court, the justice must (a) proceed to hear and determine the matter in the absence of the defendant as fully and effectually as if the defendant had appeared; or (b) adjourn the hearing and issue a summons to the defendant or, if the justice considers it appropriate, issue a warrant for the defendant's arrest. Proof of service required 67(2) A justice may proceed with a hearing under clause (1)⁠(a) only if it is proved that (a) a summons or appearance notice was served on the defendant within a reasonable period before the hearing; (b) the defendant had given a promise to appear; or (c) the defendant was released under section 50 on the condition that he or she appear at the time and place of the hearing. Proving the defendant's identity 67(3) In a hearing under this section, a copy of government-issued photo identification may be filed as an exhibit and shown to an enforcement officer who is giving evidence. If the officer testifies that the defendant named in the information is the same person shown in the identification, the justice may rely on the officer's evidence as proof of the defendant's identity. No imprisonment when defendant absent 67(4) When a justice proceeds under this section and convicts the defendant, no term of imprisonment may be imposed unless the defendant is present during sentencing and is given an opportunity to make submissions as to the penalty. The justice may issue a warrant to compel the defendant to attend to be sentenced. PART 7 SENTENCING Overview A person who is convicted of an offence after a hearing is sentenced under this Part. For a person charged by a ticket under Part 2, the sentence may be either a fine or reprimand. For a person charged by an information under Part 3, the sentence may be a fine or reprimand, or may be a term of imprisonment if the Act that creates the offence allows for that. A person charged by an information may also be ordered to comply with specific conditions for up to 12 months. Purpose of sentencing 68 The paramount purpose of sentencing under this Act is general deterrence. PRE-SENTENCE SUBMISSIONS Submissions as to penalty 69 Before imposing a penalty, the justice must give the prosecutor and the defendant an opportunity to make submissions as to the penalty that ought to be imposed. Victim impact statement 70 For the purpose of determining the penalty to be imposed, the justice must consider any statement of a victim of the offence that has been filed in court describing the harm done or loss suffered by the victim arising from the commission of the offence. SENTENCE ON A TICKET Ticket — penalty on conviction 71(1) When a defendant charged by a ticket is convicted under section 66, the justice may (a) impose the fine indicated on the ticket (which consists of the preset fine, court costs and any surcharges); or (b) if the justice is satisfied that exceptional circumstances exist, (i) impose a lesser fine than that indicated on the ticket, or (ii) reprimand the defendant; and may allow time to pay. No imprisonment 71(2) A person who is convicted in a proceeding commenced by a ticket is not liable to imprisonment, despite any other Act. SENTENCE ON AN INFORMATION Information — penalty on conviction 72 When a defendant charged by an information is convicted under section 66, the justice may (a) impose any penalty authorized by law, subject to subsection 67(4) (no imprisonment if defendant absent); or (b) if the justice is satisfied that exceptional circumstances exist, reprimand the defendant unless the Act creating the offence provides for a minimum penalty; and may allow time to pay. Payment of court costs and surcharges 73(1) A defendant on whom a fine is imposed under section 72 must pay the following additional amounts: (a) court costs equal to 30% of the fine imposed; (b) the prescribed justice services surcharge; (c) the surcharge established under The Victims' Bill of Rights. Reduction or waiver of costs and surcharge 73(2) A justice who is satisfied that exceptional circumstances exist may reduce or waive the court costs or the justice services surcharge payable under this section. Imprisonment served in community 74(1) If a defendant is sentenced to imprisonment, the justice may order the sentence to be served in the community, subject to the person's compliance with any conditions imposed under section 75. Intermittent imprisonment 74(2) If a defendant is sentenced to imprisonment for a term of 90 days or less, the justice may direct that the person serve the term within a period of 12 months on such days as, in total, equal the number of days to which the defendant was sentenced. Sentences consecutive 74(3) If a defendant sentenced to imprisonment is subject to more than one term of imprisonment at the same time, the terms are to be served consecutively unless the justice has ordered a term to be served concurrently with another term of imprisonment. Warrant of committal 74(4) A sheriff or other person to whom a warrant of committal is directed must take the defendant into custody and then take them to a correctional facility. Conditions may be imposed on defendant 75(1) In addition to any other penalty authorized by law, a justice may order a defendant convicted of an offence on an information to comply with any conditions the justice considers appropriate for a period of no more than 12 months. Copy to defendant 75(2) The court must give the defendant a copy of an order that imposes conditions. Application to vary conditions 75(3) A defendant may apply to a justice to vary the conditions and a justice may do so after giving the prosecutor an opportunity to make submissions. Copy of order to defendant 75(4) If conditions are varied, the court must give the defendant a copy of the amended order. REPRIMAND Reprimand 76 A justice who reprimands a person under this Act may impose court costs or surcharges in any amount that the justice considers reasonable in the circumstances. FORFEITURE OF UNLAWFUL THINGS Forfeiture of unlawful things 77 When a proceeding under this Act has been finally disposed of and possession of something that was seized in relation to that offence is unlawful, the justice must order that the thing is forfeited to the government. REQUEST FOR TIME TO PAY Request for time to pay 78 A defendant on whom a fine, court costs or a surcharge are imposed under this Act, whether imposed after a hearing or otherwise, may ask a justice for time to make the payment, and the justice must allow the person at least 14 days to pay. PART 8 APPEALS Overview This Part governs appeals. A person who is convicted of an offence charged by an information may appeal the conviction or the penalty imposed to the Court of King's Bench. Similarly, the Attorney General or prosecutor may appeal the dismissal of a charge or the penalty. Appeal rights for an offence charged by a ticket are limited. Such an appeal may be brought in the Court of King's Bench only in relation to a conviction or dismissal of a charge, not the penalty imposed. As well, the appeal may be brought only with the court's permission and only if the appeal raises a legal issue. A right of appeal to the Court of King's Bench is provided for certain orders made by a justice under this Act. A further appeal may be made to the Court of Appeal, but only with the court's permission and only if the appeal raises a legal issue. RIGHT TO APPEAL Right to appeal — defendant 79(1) A defendant may appeal the following to the Court of King's Bench: (a) a conviction; (b) a penalty imposed on the defendant, but only if the proceeding was commenced by an information; (c) subject to subsection (5), any other order made by a justice against the defendant in a hearing or other proceeding under this Act. Right to appeal — Attorney General or prosecutor 79(2) The Attorney General or a prosecutor may appeal the following to the Court of King's Bench: (a) a dismissal of a charge against a defendant; (b) a penalty imposed on a defendant, but only if the proceeding was commenced by an information; (c) subject to subsection (5), any other order made by a justice in a hearing or other proceeding under this Act. Limited appeal re tickets 79(3) An appeal under subsection (1) or (2) for proceedings commenced by a ticket may be taken only with leave of a judge of the Court of King's Bench on a question of law or mixed fact and law. Right of appeal re seized things 79(4) A person affected by an order made in relation to a seized thing under sections 40 to 43 may appeal the order to the Court of King's Bench. No appeal of interlocutory order 79(5) Unless this Act provides otherwise, there is no appeal of an interlocutory order made under this Act. S.M. 2023, c. 16, s. 6 . NOTICE OF APPEAL OR APPLICATION FOR LEAVE Notice of appeal or application for leave 80(1) The person appealing must file a notice of appeal in the Court of King's Bench within 30 days after the decision or order appealed from was made, or within any longer period that a judge of that court may allow. If leave to appeal is required, an application for leave to appeal must be filed within that same period. Reasons 80(2) The notice of appeal or application for leave to appeal must state the reasons for the appeal. Stay 81 The filing of a notice of appeal or an application for leave to appeal does not stay a conviction or order unless a judge of the Court of King's Bench so orders. DECISION ON APPEAL Decision on appeal 82 Upon an appeal, a judge of the Court of King's Bench may (a) confirm, vary or set aside the decision or order appealed from; (b) direct a new hearing; or (c) make any other order in relation to the matter that the judge considers appropriate. DIRECT APPEAL TO COURT OF APPEAL Direct appeal to Court of Appeal 83(1) If a notice of appeal or an application for leave to appeal has been filed in the Court of King's Bench under section 80, the Attorney General may apply to a judge of the Court of Appeal for an order that the appeal be heard in the Court of Appeal instead of in the Court of King's Bench. Order re the appeal 83(2) If the judge to whom the application is made is of the opinion that the appeal raises an issue of public importance that ought to be considered by the Court of Appeal, the judge may (a) order that the proceedings in the Court of King's Bench be stayed; (b) direct that the appeal be heard in the Court of Appeal; and (c) state the questions upon which the appeal is to be heard. FURTHER APPEAL Further appeal 84 Any party may appeal a decision of the Court of King's Bench to the Court of Appeal, but only with leave of a judge of the Court of Appeal on a question of law alone. CUSTODY PENDING APPEAL Custody pending appeal 85 If a defendant who appeals is in custody, he or she must remain in custody, but a judge of the court hearing the appeal may order his or her release upon any of the conditions set out in subsection 50(3) or (4) (order for release). PART 9 COLLECTION AND ENFORCEMENT Overview When fines are not paid, the government or the municipality or First Nation to whom they are owed may take action to collect them. The government, a municipality and a First Nation may file a certificate in the Court of King's Bench setting out the amount of unpaid fines owed to them. Once filed, the certificate becomes enforceable in the same way as a court judgment can be enforced. The government, a municipality and a First Nation may also register a lien in the Personal Property Registry against the property of someone who has not paid their fines. This can result in the seizure and sale of the person's property if payment is not made. The government has an additional remedy respecting drivers' licences and vehicle registrations. At the government's request, the Registrar of Motor Vehicles will refuse to issue a driver's licence or vehicle registration to a person who has not paid their fines. MPIC will also refuse to accept payment for an insurance premium on a vehicle owned by the person. INTRODUCTORY PROVISIONS Definitions 86 The following definitions apply in this Part. "authority" means the government, a municipality or a First Nation. (« autorité ») "costs" means the total of the following amounts imposed on a person convicted of an offence: (a) court costs; (b) the prescribed justice services surcharge; (c) the surcharge established under The Victims' Bill of Rights ; (d) a default conviction penalty; (e) an administrative fee under subsection 89(3). (« frais ») "debtor" means a person required to pay a fine or costs imposed on the person under this Act. (« débiteur ») "MPIC" means The Manitoba Public Insurance Corporation. (« SAPM ») "Personal Property Registry" means the Personal Property Registry under The Personal Property Security Act. (« Bureau d'enregistrement relatif aux biens personnels ») "restitution order" means an order made against a person convicted of an offence that requires them to pay money to another person or entity. (« ordonnance de dédommagement ») "unpaid fine" means the total amount of any fines and costs imposed under this Act that have not been paid. (« amende non payée ») S.M. 2023, c. 32, s. 11 . Unpaid fine is debt to government 87(1) The amount of an unpaid fine is a debt due to the government unless the fine relates to a municipal offence or a First Nation offence. If fines payable to municipality 87(2) If another Act states that a fine or penalty is payable to a municipality for an offence that is not a municipal offence, (a) the amount of the unpaid fine is a debt due to the government; (b) the government is responsible for collecting the unpaid fine; and (c) after deducting the costs, the government must remit the remaining fine revenue to the municipality. Collection and enforcement by municipality 87(3) In the case of an unpaid fine for a municipal offence, (a) the amount of the unpaid fine is a debt due to the municipality and not the government; (b) the municipality is responsible for collecting the unpaid fine; and (c) when the municipality collects an unpaid fine, it must remit to the government the amount due on account of costs. Collection and enforcement by First Nation 87(4) In the case of an unpaid fine for a First Nation offence, (a) the amount of the unpaid fine is a debt due to the First Nation and not the government; (b) the First Nation is responsible for collecting the unpaid fine; and (c) when the First Nation collects an unpaid fine, it must remit to the government the amount due on account of costs. S.M. 2023, c. 32, s. 12 . DRIVER'S LICENCE AND VEHICLE REGISTRATION REMEDIES Notice of collection action 88(1) The government may give a written notice to a debtor stating that if an unpaid fine is not paid before a deadline set out in the notice, the Registrar of Motor Vehicles may take action under section 89 (driver's licence and vehicle registration remedies). Deadline 88(2) The deadline set out in the notice must be at least 30 days after the day the notice is sent. Notice 88(3) The notice may be served personally or be sent by regular mail to the debtor's last known address as indicated in the records of the Registrar of Motor Vehicles. Registrar's powers re driver's licence and vehicle registration 89(1) If the debtor fails to pay the unpaid fine by the deadline set out in a notice given under section 88, the Registrar of Motor Vehicles may do one or more of the following without further notice to the debtor: (a) refuse to issue or renew the debtor's driver's licence; (b) refuse to issue a vehicle registration card or permit to the debtor; (c) refuse to renew the debtor's registration of any vehicle; (d) refuse to accept payment from the debtor of any amount payable in relation to his or her driver's licence or vehicle registration card or permit, even though the refusal may lead to its suspension. MPIC may refuse premiums 89(2) If the Registrar of Motor Vehicles refuses to accept payment under clause (1)⁠(d), MPIC may refuse to accept payment of the premium for insurance in relation to the debtor's driver's licence or vehicle registration card or permit, even though the refusal may lead to the insurance being cancelled. Administrative fee 89(3) A debtor who fails to pay the unpaid fine by the deadline set out in a notice given under section 88 must pay a prescribed administrative fee to the government. When fine is paid 89(4) Neither the Registrar of Motor Vehicles nor MPIC may take action under this section if the government informs the Registrar that the unpaid fine in respect of which a notice was given under section 88, and any administrative fee payable under subsection (3), has been paid. FILING A CERTIFICATE IN THE COURT OF KING'S BENCH Certificate filed in the King's Bench 90 An authority may issue a certificate showing the name of the debtor and the total amount of any unpaid fines and file the certificate in the Court of King's Bench. Once filed, the certificate becomes a judgment of the Court and may be enforced as a judgment. Default on a restitution order 91 If a person has failed to comply with the payment provisions of a restitution order, the person entitled to payment under the order may file the order in the Court of King's Bench. Once filed, the order becomes a judgment of the Court and may be enforced as a judgment. LIEN FOR UNPAID FINES Lien for unpaid fines 92(1) For the purpose of recovering an unpaid fine, an authority has a lien on every estate or interest in the personal property of the debtor, including personal property acquired by the debtor after the date the unpaid fine was imposed. Extent of security 92(2) The lien secures payment of (a) the amount of any unpaid fine that is a debt due to the authority by the debtor at the time that the lien takes effect; (b) all additional fines and costs that become due to the authority by the debtor after the lien takes effect and before it is discharged; (c) disbursements for the registration and discharge of the lien; and (d) expenses reasonably incurred by the authority in taking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered; and (e) an administration fee. Amount of administration fee 92(3) The amount of an administration fee is as follows: (a) if the authority is the government, the prescribed amount; (b) if the authority is a municipality, the amount fixed by by-law of the municipality, which may not exceed the maximum fixed by regulation; (c) if the authority is a First Nation, the amount fixed by a First Nation law, which may not exceed the maximum fixed by regulation. When lien takes effect 92(4) A lien takes effect in relation to the debtor's personal property when the authority registers a financing statement in the Personal Property Registry under subsection 93(1). Priority not lost 92(5) The lien and its priority are not lost or impaired by taking or failing to take proceedings to recover the unpaid fine, or by the tender or acceptance of any payment on account of the unpaid fine. S.M. 2023, c. 32, s. 13 . Registration of lien in Personal Property Registry 93(1) The authority may register a lien under section 92 against the personal property of a debtor by registering a financing statement in the Personal Property Registry that states (a) the address for service of the authority; (b) the name and address of the debtor; and (c) any other prescribed matter. Effect of registration 93(2) When a lien is registered under this section in the Personal Property Registry, (a) the authority is deemed to be a secured party under The Personal Property Security Act and the debtor is deemed to be a debtor under that Act; (b) the debtor is deemed to have signed a security agreement stating that a security interest is taken in all of the debtor's present and after-acquired property, and the lien is deemed to be a perfected security interest in that property; (c) the lien is enforceable under The Personal Property Security Act as if it were a lien under the agreement referred to in clause (b) and the debtor were in default under that agreement; and (d) The Personal Property Security Act and the regulations under that Act apply to the lien, with necessary changes, except as otherwise provided by this section. Priority of lien 93(3) The lien has priority over every security interest and every claim to or right in the personal property of the debtor under any Act other than (a) a purchase money security interest in collateral, as defined in The Personal Property Security Act , that was perfected when the debtor obtained possession of the collateral or within 15 days after the debtor obtained possession of it; (b) a lien for taxes to which priority is given by subsection 66(3) of The Tax Administration and Miscellaneous Taxes Act ; (c) a lien under section 101 of The Employment Standards Code for which a financing statement has been registered in the Personal Property Registry; or (d) a garage keeper's lien under The Garage Keepers Act and a lien that, under any other Act, may be enforced as a lien under The Garage Keepers Act . Authority may postpone, amend, renew or discharge lien 93(4) An authority may, by registering the appropriate document in the Personal Property Registry, (a) postpone the authority's interest under a financing statement; or (b) amend, renew or discharge a financing statement. Notice of lien to debtor 94(1) Within 15 days after registering a financing statement under subsection 93(1), the authority must serve a notice on the debtor stating (a) that the authority has a lien against the personal property of the debtor with respect to an unpaid fine and has registered a financing statement in the Personal Property Registry; (b) the amount of the unpaid fine or fines as of the date the financing statement was registered; (c) that the authority may take possession and dispose of the personal property of the debtor if the amount of the lien is not paid within 15 days after the notice is given to the debtor under subsection (2); and (d) the address and telephone number where further information can be obtained from the authority. Notice 94(2) The notice may be served personally or be sent by regular mail to the debtor's last known address. REQUEST FOR INFORMATION ABOUT DEBTOR Request for information about debtor 95(1) For the purpose of this Part, a person appointed by the minister may request a department or agency of the government to provide the address of a debtor and the name and address of the debtor's employer. Information to be provided 95(2) A department or agency must provide the requested information if they have it. PART 10 GENERAL PROVISIONS Overview This Part contains miscellaneous provisions. Among other things, it requires evidence to be recorded and provided under oath, sets out how and why someone can be found in contempt of court, states how notices under the Act are to be sent to people, provides for regulation-making powers and creates offences. It also states that where this Act does not deal with a matter, or does not deal with it fully, the provisions of the Criminal Code of Canada apply.

RECORDED EVIDENCE AND OATHS Evidence to be recorded 96 A proceeding in which evidence is taken must be recorded. Evidence under oath 97(1) Evidence under this Act must be taken under oath, except as otherwise indicated. Oath when information submitted electronically 97(2) When information that is required to be submitted to a justice under oath is submitted by telephone or other means acceptable to the court, the following rules apply: 1. An oath may be administered to the person submitting the information by telephone or other available means. 2. Instead of swearing an oath, the person may submit the information by a written statement stating that everything set out in the statement is true to his or her knowledge and belief, and such a statement is deemed to be a statement made under oath. 3. The justice to whom the information is submitted must, if the method used to make the submission does not produce something in writing, record the information verbatim and certify the record or a transcription of it. COMMON LAW RULES AND CIVIL REMEDIES Common law defences apply 98 Every rule and principle of the common law that renders any circumstance a justification or an excuse for an act, or a defence to a charge, continues in force and applies in relation to offences, except to the extent that they are altered by or inconsistent with this or another Act. Ignorance of the law 99 A person's ignorance of the law is not an excuse for committing an offence. Civil remedies preserved 100 No civil remedy for an act or omission is suspended or affected because the act or omission is an offence. MINIMUM AGE Minimum age 101 A person cannot be convicted of an offence if he or she was under the age of 12 when the offence was committed. SECONDARY LIABILITY FOR AN OFFENCE Secondary liability for an offence 102 A person who knowingly helps another person, or counsels another person, to commit an offence is also guilty of the offence. CONTEMPT Contempt 103(1) A person who commits contempt in the face of a justice conducting a proceeding is liable on conviction to a fine of not more than $1,000, or to imprisonment for not more than 30 days, or both. Justice to explain the contempt 103(2) Before a proceeding is taken for contempt under subsection (1), the justice must inform the person of (a) the conduct complained of and the nature of the contempt; (b) their right to retain and instruct counsel; and (c) their right to show cause why a finding of contempt should not be made or a penalty should not be imposed. If justice not a provincial judge 103(3) If the contempt is in the face of a justice who is not a provincial judge, the justice must not make a finding of contempt under this section, but must instead order the person to appear before a provincial judge at a specified time, and the judge may then proceed under this section. Show cause hearing 103(4) A penalty for contempt must not be imposed unless the person is given an opportunity to show cause why a finding of contempt should not be made or a penalty should not be imposed, and the matter must be adjourned to give that opportunity. If person fails to attend 103(5) A provincial judge may issue an arrest warrant for a person who fails to attend a show cause hearing that they were ordered to attend. Barring representative in contempt 103(6) When a person found in contempt is appearing as a representative but is not authorized to practise law under The Legal Profession Act , the provincial judge may order that he or she be barred from acting as a representative in the proceeding in addition to any other penalty imposed. Appeal 103(7) A finding of contempt or a penalty imposed for contempt under this section may be appealed in the same manner as if it were a conviction in a proceeding commenced by an information under Part 3. Enforcement 103(8) This Act applies for the purpose of enforcing a penalty under this section. INTERPRETERS Interpreter 104 A justice may authorize a person to act as an interpreter in a proceeding and may require them to take an oath. S.M. 2017, c. 26, s. 20 . VALIDITY OF DOCUMENTS Validity of summons, warrant, etc. 105(1) The validity of a summons, warrant, appearance notice or promise to appear is not affected by an irregularity or defect in its form or substance. Adjournment to deal with irregularities 105(2) A justice who believes that a defendant has been prejudiced by an irregularity or defect referred to in subsection (1) may adjourn the proceeding and may make any order the justice considers appropriate. NOTICES AND SERVICE OF DOCUMENTS How notice is to be given under this Act 106(1) A notice, order or other document required or authorized to be given to an individual under this Act may be (a) given personally; (b) sent by regular mail to the person's last known address, in which case it is deemed to be received seven days after the day it is mailed; or (c) given in accordance with a method specified by regulation. Notice to corporation 106(2) A notice, order or other document to be given to a corporation may be (a) sent by regular mail to the corporation's registered office, in which case it is deemed to be received seven days after the day it is mailed; or (b) given personally to an officer or director of the corporation or a person who appears to be in charge at a place where the corporation carries on business. Exception 106(3) This section does not apply to a ticket, summons or appearance notice. Proof of service 107 Service of a ticket, summons or appearance notice may be proved by a statement under oath, written or oral, by the person who served it. A statement that is written may be certified on the ticket, summons or appearance notice itself. COSTS AND SURCHARGES Court costs on a ticket 108 The court costs to be set out in a ticket are 45% of the preset fine, unless a lesser amount has been prescribed. No justice services surcharge for certain offences 109 No justice services surcharge is payable in respect of a parking offence or other prescribed offence. How payments are to be applied 110 When a fine, court costs, surcharge or default conviction penalty is imposed, any payment made is to be applied in the following order of priority: 1. to pay the default conviction penalty; 2. to pay court costs; 3. to pay the surcharge established under The Victims' Bill of Rights ; 4. to pay the justice services surcharge; 5. to pay the fine. REGULATIONS Regulations 111 The Lieutenant Governor in Council may make regulations (a) governing enforcement officers, including, (i) defining or limiting the powers of enforcement officers referred to in clauses (c) to (e) of the definition "enforcement officer" in section 1, and (ii) designating any person or class of persons as enforcement officers, and specifying the enactments in respect of which they may exercise any power under this Act; (b) establishing a schedule of preset fines for the purpose of Part 2, including establishing higher preset fines for second and subsequent offences; (c) establishing a response period for the purpose of Part 2, which may be different for different offences; (d) prescribing the amount of a justice services surcharge or the method for calculating it, and prescribing offences for which no surcharge is payable; (e) prescribing the manner and time period within which a ticket must be filed with the court under section 14; (f) prescribing the amount of a default conviction penalty; (g) respecting the forfeiture of cash deposits or other security required by an order for release under subsection 50(4); (h) respecting certificate evidence under this Act; (i) respecting the method of giving any notice or document, including additional electronic methods, for the purpose of clause 106(1)⁠(c); (j) respecting the completion, signing, filing, receipt, transmission or any other way of dealing with documents by electronic means, and the conversion of documents from either paper or electronic format to the other format, and all related matters; (k) respecting the use of electronic methods (including by telephone or video or audio links) for the purposes of this Act, including methods for persons to attend and appear in proceedings; (l) fixing the maximum administration fee for the purpose of clauses 92(3)⁠(b) and (c); (m) for the purpose of Part 9, requiring and governing the payment of an additional fee to cover the costs of collection of unpaid fines that are not otherwise recoverable under this Act, including respecting how and when the fee is payable and collected; (n) for the purpose of section 113, providing that any provision of the Criminal Code (Canada) applies or does not apply in relation to proceedings or matters under this Act; (o) establishing a fine option program whereby a convicted person on whom a fine is imposed under this Act may discharge the fine in whole or in part by earning credits for work performed; (p) prescribing any matter referred to in this Act as being prescribed; (q) respecting anything required to deal with the transition of matters from The Summary Convictions Act to this Act, including regulations to remedy any difficulty, inconsistency or impossibility resulting from that transition; (r) defining any word or expression used but not defined in this Act; (s) respecting any matter the Lieutenant Governor in Council considers necessary or desirable for the purpose of this Act. S.M. 2023, c. 32, s. 14 . Regulations by minister 112 The minister may make regulations prescribing forms for use under this Act and respecting forms generally. APPLICATION OF CRIMINAL CODE Application of Criminal Code 113 Subject to the regulations, if, in relation to a proceeding or matter to which this Act applies, express provision has not been made in this Act, the provisions of the Criminal Code (Canada) relating to offences punishable on summary conviction apply, with necessary changes and to the extent applicable. OFFENCES Offences 114(1) A person who does any of the following is guilty of an offence: (a) fails to comply with a summons or appearance notice issued under this Act; (b) fails to comply with a promise to appear given under this Act; (c) fails to attend court as required by a justice under this Act; (d) fails to comply with an order of a justice under this Act, including breaching a condition of an order; (e) knowingly provides false information in a statement or entry in a certificate, document or form for use under this Act. Penalties 114(2) A person who is convicted of an offence is liable to the following penalties: (a) for an offence under clauses (1)⁠(a) to (d), to a fine of not more than $5,000 or to imprisonment for a term not exceeding six months, or both; (b) for an offence under clause (1)⁠(e), to a fine of not more than $10,000 or to imprisonment for a term not exceeding two years, or both. MISCELLANEOUS Rounding amounts payable down to nearest dollar 115 When the calculation of an amount payable under this Act produces a sum that includes cents as well as dollars, the amount payable is to be rounded down to the nearest complete dollar. Order made by a justice under another Act 116 When another Act authorizes a justice to make an order, including an order for the payment of money, and the Act does not set out procedures to be followed, the procedures set out in this Act apply with necessary changes. Overviews 117 The overviews are included as aids to the reader and do not form part of this Act. PART 11 CONSEQUENTIAL AND RELATED AMENDMENTS 118 to 139 NOTE: These sections made up Part 11 of the original Act and contained consequential amendments to other Acts, which amendments are now included in those Acts. PART 12 TRANSITIONAL, REPEAL AND COMING INTO FORCE TRANSITIONAL Definition of "former Act" 140 In sections 141 to 144, "former Act" means The Summary Convictions Act as it read immediately before the coming into force of this Act. Act applies to existing proceedings 141 Subject to sections 143 and 144, proceedings commenced under the former Act that are not finally disposed of before this Act comes into force are to be taken up and continued under and in conformity with the provisions of this Act. Tickets 142(1) An offence notice issued under the former Act that meets the requirements of that Act is deemed to be a ticket issued under this Act that meets the requirements of Part 2 of this Act. Informations, summons, warrants or appearance notices 142(2) An information, summons, warrant or appearance notice issued under the former Act is deemed to be issued under this Act. Offence notice under former Act without set fine 143(1) In the case of an offence notice issued under the former Act without a set fine, (a) whenever a provision of this Act provides that a person may seek a reduction in the amount of the fine indicated on a ticket, the provision is to be read as permitting the person to make submissions as to the amount of the fine payable; and (b) whenever a provision of this Act provides that a justice may impose the fine indicated on a ticket or a lesser fine, the provision is to be read as permitting the justice to (i) impose any penalty authorized by law, or (ii) if the justice is satisfied that exceptional circumstances exist, reprimand the defendant. Offence notice without set fine — default conviction 143(2) Despite subsection (1), when a default conviction is entered under subsection 19(1) or 21(8) of this Act in relation to an offence notice issued under the former Act without a set fine, the offence notice is to be reviewed by a justice who must, without hearing from the defendant, impose (a) any penalty authorized by law; and (b) a default conviction penalty. Default conviction under former Act 144(1) If, on the coming into force of this Act, (a) a person has received a notice of default conviction under section 17 of the former Act; and (b) the person has not requested a hearing de novo under section 17 of the former Act and the deadline for doing so has not expired; the person may, within 30 days after the coming into force of this Act, appear before a justice and apply to have the default conviction set aside under section 21 of this Act. Default conviction set aside 144(2) A justice who receives an application under subsection (1) must set aside the default conviction without payment of an application fee, and subsections 21(5) to (9) of this Act then apply. Application after 30 days 144(3) A justice may allow an application to be made under this section even if the 30-day period in subsection (1) has expired. In that event, subsection (2) does not apply and subsections 21(3) to (9) of this Act apply instead. REPEAL Repeal 145 The Summary Convictions Act , S.M. 1985-86, c. 4, is repealed. C.C.S.M. REFERENCE C.C.S.M. reference 146 This Act may be referred to as chapter P160 of the Continuing Consolidation of the Statutes of Manitoba . COMING INTO FORCE Coming into force — proclamation 147(1) Subject to subsection (2), this Act comes into force on a day to be fixed by proclamation. Coming into force — subsections 123(3) and (4) 147(2) Subsections 123(3) and (4) come into force on royal assent. NOTE: S.M. 2013, c. 47, Schedule A, except subsections 123(3) and (4), came into force by proclamation on November 20, 2017.