FORMS, O. Reg. 104/23

JurisdictionOntario

ontario regulation 104/23

made under the

Provincial Offences Act

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

Amending O. Reg. 108/11

(FORMS)

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

Certificate of offence

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

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

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

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

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

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

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

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

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

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

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

(d) an offence notice issued in proceedings in relation to a contravention of subsection 175 (19.1) or (20.1) of the Highway Traffic Act (duty of drivers when school bus stopped — vehicle owner) based on...

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