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O. Reg. 277/99: RED LIGHT CAMERA SYSTEM EVIDENCE
under Highway Traffic Act, R.S.O. 1990, c. H.8
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ONTARIO REGULATION 277/99
Amended to O. Reg. 610/00
RED LIGHT CAMERA SYSTEM EVIDENCE
Historical version for the period January 1, 2001 to October 24, 2004.
This Regulation is made in English only.
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;
“intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians. O. Reg. 277/99, s. 1 (2).
1.1 The areas set out in the Table are designated for the purpose of subsection 205.15 (1) of the Act:
TABLE
Halton, The Regional Municipality of |
Hamilton, City of |
Ottawa, City of |
Peel, The Regional Municipality of |
Toronto, City of |
Waterloo, The Regional Municipality of |
O. Reg. 605/00, s. 1; O. Reg. 606/00, s. 1; O. Reg. 607/00, s. 1; O. Reg. 608/00, s. 1; O. Reg. 609/00, s. 1; O. Reg. 610/00, 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 known as the Gatsometer RLC, model number 36mST-MC-GL4-ONT, 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.
(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).
3. (1) In order to be received in evidence for the purposes of Part XIV.2 of the Act, a photograph taken by a red light camera system must show or have superimposed on it,
(a) the date on which it was taken; and
(b) the location and time of day at which it was taken. O. Reg. 277/99, s. 3 (1).
(2) In order to be received in evidence for the purposes of Part XIV.2 of the Act, the first photograph in a sequence of photographs taken under clause 2 (1) (b) must show or have superimposed on it the length of time that the indication was showing red before it was taken. O. Reg. 277/99, s. 3 (2).
(3) A photograph taken by a red light camera system may also show or have superimposed on it,
(a) the speed at which the vehicle shown in the photograph was travelling when it was taken;
(b) the length of time that the indication was showing amber before it was taken;
(c) the lane in which the vehicle shown in the photograph was travelling. O. Reg. 277/99, s. 3 (3).
(4) Nothing in subsection (1), (2) or (3) precludes a photograph from showing or having superimposed on it any other information. O. Reg. 277/99, s. 3 (4).
(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) Despite subsections (1), (2) and (3), 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 that does show or have superimposed on it the information required by those subsections. O. Reg. 569/00, s. 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.
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 to the person charged within 23 days after the occurrence of the alleged offence. O. Reg. 277/99, s. 4 (1).
(2) Subject to subsections (4) and (5), 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).
(3) If the provincial offences officer who issued the certificate of offence also mails the offence notice or causes it to be mailed, that officer shall certify, on the certificate of offence, the fact that the offence notice was mailed and the date it was mailed. O. Reg. 277/99, s. 4 (3).
(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).
(6) Service of an offence notice mailed in accordance with this section shall be deemed to be effected on the seventh day following the day on which it was mailed. O. Reg. 277/99, s. 4 (6).
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.