Municipalities enabling and validating act

Limitation period — one year 8 A penalty notice may not be issued more than one year after the designated by-law contravention for which it is issued is alleged to have occurred.

DELIVERING THE PENALTY NOTICE Delivery of penalty notice 9(1) A penalty notice may be delivered in the following ways: (a) by personal delivery; (b) if the penalty notice is in respect of the parking of a vehicle, by leaving the penalty notice on the vehicle; (c) by mailing a copy of the penalty notice by regular mail, (i) if the penalty notice is for a contravention involving a vehicle, to the address of the vehicle owner indicated in the records of the Registrar of Motor Vehicles, (ii) to the last known address of the person named in the penalty notice, which may be an address indicated in the records of the Registrar of Motor Vehicles, or (iii) if the person named in the penalty notice is a corporation, to the corporation's registered office; (d) in a manner prescribed by regulation.

municipalities enabling and validating act-78

Option to pay or ask for review 11(2) When a decision is made under clause (1)(a) or (b), the screening officer must give the person notice of the decision and inform them that they must, within the period set by by-law, (a) pay the administrative penalty, or pay the reduced amount if the screening officer reduced it; or (b) in accordance with the by-law, request an adjudicator to review the screening officer's decision.

If adjudication not required 11(3) If a person does not request an adjudication under clause (2)(b) within the period set by by-law, the amount of any administrative penalty set by the screening officer under subsection (1) is immediately due and payable to the municipality.

No signature required 6(5) A penalty notice is not invalid by reason only that it is not signed by the by-law enforcement officer who issues it.

Vehicle owner liable 7 When a penalty notice respecting the parking of a vehicle is delivered in accordance with section 9, the owner of the vehicle indicated in the records of the Registrar of Motor Vehicles is liable to pay the administrative penalty set out in the notice.

(« agent d'exécution des règlements ») "compliance agreement" means a compliance agreement under section 12 that is authorized by a by-law under clause 3(2)(d).

(« accord d'observation ») "designated by-law contravention" means a contravention of a by-law designated under clause 3(2)(a).(Assented to December 5, 2013) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PURPOSE OF THIS ACT Purpose of this Act 1 The purpose of this Act is to give municipalities the ability to process and resolve parking violations and other contraventions of their by-laws using an administrative penalty scheme that does not involve court proceedings.DEFINITIONS Definitions 2 The following definitions apply in this Act.Minimum period to respond 10(2) The period to respond under subsection (1) must not be less than 30 days after the date on which the penalty notice is delivered under section 9.REVIEW BY SCREENING OFFICER Powers of screening officer 11(1) On a review, a screening officer may make one of the following decisions: (a) confirm the administrative penalty; (b) if authorized by by-law, reduce the amount of the administrative penalty on any grounds permitted by by-law; (c) if authorized by by-law, enter into a compliance agreement with the person on behalf of the municipality; (d) cancel the penalty notice if, in the screening officer's opinion, (i) the contravention did not occur as alleged, (ii) the penalty notice does not comply with subsection 6(2), or (iii) a ground for cancellation authorized under the by-law exists.Agreement ended if not complied with 12(5) If the screening officer believes that a person who has entered into a compliance agreement has failed to comply with its terms, the screening officer may end the agreement and give the person notice of that fact by regular mail.

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