RED LIGHT CAMERA SYSTEM EVIDENCE

Definitions and Application 1. (1) For the purposes of Part XIV.2 of the Act, “photograph” includes, (a) any form of electronically recorded image, (b) a reproduction of all or part of a photograph, and (c) an enlargement of all or part of a photograph. O. Reg. 569/00, s. 1. (2) In this Regulation, “detectable speed” means the speed at which a red light camera system is programmed to detect the movement of a vehicle; (“vitesse détectable”) “intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians. (“intersection”) O. Reg. 277/99, s. 1 (2). 1.1 Revoked: O. Reg. 399/19, s. 1. 2. (1) For the purposes of Part XIV.2 of the Act, a red light camera system is the combination of one or more cameras and other equipment of a type described in subsection (1.1) that is installed at an intersection controlled by a traffic control signal such that, (a) it is capable of photographing all or part of the intersection; and (b) it takes a first photograph of a vehicle when the vehicle approaches the intersection at or above a detectable speed when a red indication is shown and it then takes one or more further photographs in succession. O. Reg. 569/00, s. 2; O. Reg. 245/07, s. 2 (1). (1.1) A red light camera system may be the TraffiStar SR 520-ONT or the TraffiStar SR 590-ONT, referred to interchangeably in this Regulation as TraffiStar. O. Reg. 317/20, s. 1. (2) A further photograph referred to in clause (1) (b) may be taken when the green indication is shown. O. Reg. 277/99, s. 2 (2). (3) A red light camera system may take the sequence of photographs described in clause (1) (b) from the same or different angles. O. Reg. 277/99, s. 2 (3). (4) A red light camera system may be permanently or temporarily installed at an intersection. O. Reg. 277/99, s. 2 (4). Information on Photographs 3. (1) A photograph taken by a red light camera system may show or have superimposed on it any of the following information: 1. The date when it was taken. 2. The municipality where it was taken. 3. The time of day when it was taken. 4. The length of time that the indication was showing red before the photograph was taken. 5. The length of time that the indication was showing amber before the photograph was taken. 6. The speed at which the vehicle shown in the photograph was travelling when the first photograph in a series of photographs was taken. O. Reg. 345/04, s. 1 (1). (2) The information may be conveyed using the system of codes, symbols and abbreviations described in section 3.1 or 3.2 and in section 3.3. O. Reg. 345/04, s. 1 (1); O. Reg. 245/07, s. 4. (3) Revoked: O. Reg. 345/04, s. 1 (1). (4) Nothing in subsection (1) precludes a photograph from showing or having superimposed on it any other information, if that information is shown or superimposed on the photograph when it is certified by a provincial offences officer for the purposes of subsection 205.15 (3) of the Act. O. Reg. 345/04, s. 1 (2). (5) In order to be received in evidence, an enlargement of a photograph must clearly show the number plate of the vehicle that is the subject of the photograph and as much of the rest of the photograph as is necessary to show that the enlargement is of part of that photograph. O. Reg. 569/00, s. 3. (6) An enlargement or repro­duction of a photograph or part of a photograph taken by a red light camera system is not required to show or have superimposed on it any information, if the enlargement or reproduction is tendered in evidence together with the photograph of which it is an enlargement or reproduction. O. Reg. 345/04, s. 1 (3). (7) If a defendant who has been served with an offence notice based on evidence obtained through the use of a red light camera system does not give notice of intention to appear, it is not necessary to file any photograph in court. O. Reg. 569/00, s. 3. 3.1 Revoked: O. Reg. 317/20, s. 2. 3.2 (1) On the first photograph of a series of photographs taken by a TraffiStar red light camera system, the information described in subsection 3 (1) may appear as a box containing two rows and eight columns of characters interpreted as follows: 1. In the top row, reading from left to right, are the column headings, “Time”, “Date”, “Lane”, “Amber”, “Code”, “Red”, “Photo” and “Speed”. 2. In the bottom row, i. in the first column is the time that the photograph was taken, in hours and minutes expressed in 24-hour clock format, ii. in the second column is the date that the photograph was taken, in numbers, with the first two being the day of the month, the second two being the month and the last four being the year, iii. in the third column is a lane identifier, iv. in the fourth column is the number of seconds, to the tenth of a second, for which the indication was showing amber before the photograph was taken, v. in the fifth column is the code identifying the municipality in which the red light camera system is located, vi. in the sixth column is the number of seconds, to the tenth of a second, for which the indication was showing red before the photograph was taken, vii. in the seventh column, A. the first three characters are the frame set numbers, and B. the fourth character is “A”, which means that this is the first in the series of photographs taken, viii. in the eighth column is the speed at which the vehicle was travelling when the first photograph in the series of photographs was taken, in kilometres per hour. O. Reg. 245/07, s. 6; O. Reg. 487/07, s. 1 (1, 2). (2) On the second photograph of a series of photographs taken by a TraffiStar red light camera system, the information described in subsection 3 (1) may appear as a box containing two rows and eight columns of characters interpreted as follows: 1. In the top row, reading from left to right, are the column headings, “Time”, “Date”, “Lane”, “Amber”, “Code”, “Red”, “Photo” and “Speed”. 2. In the bottom row, i. in the first column is the time that the photograph was taken, in hours and minutes expressed in 24-hour clock format, ii. in the second column is the date that the photograph was taken, in numbers, with the first two being the day of the month, the second two being the month and the last four being the year, iii. in the third column is a lane identifier, iv. in the fourth column is the number of seconds, to the tenth of a second, for which the indication was showing amber before the photograph was taken, v. in the fifth column is the code identifying the municipality in which the red light camera system is located, vi. in the sixth column is the number of seconds, to the tenth of a second, for which the indication was showing red before the photograph was taken, vii. in the seventh column, A. the first three characters are the frame set numbers, and B. the fourth character is “B”, which means that this is the second in the series of photographs taken, viii. in the eighth column is the speed at which the vehicle was travelling when the first photograph in the series of photographs was taken, in kilometres per hour. O. Reg. 245/07, s. 6; O. Reg. 487/07, s. 1 (3-5). 3.3 The key for the code identifying the municipality in which a red light camera system is located, which appears on the photographs pursuant to subparagraph 2 iv of subsection 3.1 (1), subparagraph 2 iv of subsection 3.1 (2), subparagraph 2 v of subsection 3.2 (1) and subparagraph 2 v of subsection 3.2 (2), is as follows: TABLE Item Column 1 Municipality Column 2 Key 1. City of Brantford 4800 to 4999 2. City of Greater Sudbury 2200 to 2399 3. City of Guelph 1500 to 1699 4. City of Hamilton 0067, 0099, 0162, 0175, 0221, 0252, 0288, 0329, 1200 to 1399 5. City of Kingston 3700 to 3899 6. City of London 4000 to 4299 7. City of Ottawa 5000 to 5499 8. City of Toronto 0033, 0039, 0049, 0105, 0124, 0128, 0131, 0143, 0188, 0294, 0321, 0325, 0407, 0409, 0420, 0431, 0434, 0437, 0452, 0454, 0463, 0471, 0488, 0534, 0565, 0589, 0619, 0675, 0698, 0702, 0786, 0869, 1170, 1191, 1407, 1541, 1570, 1608, 2500 to 2999 9. City of Windsor 4700 to 4799 10. Regional Municipality of Durham 3400 to 3699 11. Regional Municipality of Halton 2000 to 2099 12. Regional Municipality of Niagara 4400 to 4699 13. Regional Municipality of Peel 1000 to 1199 14. Regional Municipality of Waterloo 0104, 0742, 0752, 0881, 1700 to 1799 15. Regional Municipality of York 3000 to 3200 16. Town of Innisfil 1450 to 1499 O. Reg. 245/07, s. 6.; O. Reg. 328/12, s. 2; O. Reg. 353/16, s. 2; O. Reg. 373/17, s. 2; O. Reg. 399/19, s. 2; O. Reg. 182/21, s. 1; O. Reg. 342/22, s. 1; O. Reg. 236/23, s. 1. Service of Offence Notice 4. (1) An offence notice issued in a proceeding based on evidence obtained through the use of a red light camera system may be served by sending the offence notice by regular prepaid mail or courier to the person charged within 23 days after the occurrence of the alleged offence. O. Reg. 277/99, s. 4 (1); O. Reg. 269/16, s. 1 (1). (2) Subject to subsections (4), (5) and (5.1), the offence notice shall be sent to the address of the person charged as it appears on the Ministry’s records on the date of the alleged offence. O. Reg. 277/99, s. 4 (2); O. Reg. 404/15, s. 1 (1). (3) If the provincial offences officer who issued the certificate of offence also mails or couriers the offence notice or causes it to be mailed or couriered, that officer shall certify, on the certificate of offence, the fact that the offence notice was mailed or couriered and the date it was mailed or couriered. O. Reg. 269/16, s. 1 (2). (4) If the person is charged as the owner of the vehicle, the address of the person as it appears on the Ministry’s records respecting the holder of the plate portion of the vehicle permit shall be used. O. Reg. 277/99, s. 4 (4). (5) If the person is charged as the driver of the vehicle, the address of the person as it appears in the Ministry’s records respecting the person’s driver’s licence shall be used. O. Reg. 277/99, s. 4 (5). (5.1) Where the provincial offences officer who issued the certificate of offence believes that the person charged resides or, in the case of a corporation, has its principal place of business, outside Ontario, the address outside Ontario at which the officer believes the person resides or has its principal place of business shall be used. O. Reg. 404/15, s. 1 (2). (6) Service of an offence notice mailed or couriered in accordance with this section shall be deemed to be effected on the seventh day following the day on which it was mailed or couriered. O. Reg. 277/99, s. 4 (6); O. Reg. 269/16, s. 1 (3). Certificate Striking out a Conviction 5. A certificate striking out a conviction under Part XIV.2 of the Act shall be in Form 103 of Regulation 200 of the Revised Regulations of Ontario, 1990 made under the Courts of Justice Act. O. Reg. 277/99, s. 5. 6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 277/99, s. 6.