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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2015


NEWFOUNDLAND AND LABRADOR REGULATION 98/15

NEWFOUNDLAND AND LABRADOR
REGULATION 98/15

Provincial Offences Ticket Regulations, 1999 (Amendment)
under the
Provincial Offences Act
(O.C. 2015-231)

(Filed October 30, 2015)

Under the authority of section 31 of the Provincial Offences Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, October 29, 2015.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Ss.6.1 to 6.3 Added
6.1   Ticket completed
        electronically
6.2   Signing ticket
        electronically
6.3   Printing ticket
        completed
        electronically

 

 

 

 

 

 


NLR 78/99 as amended

        1. The Provincial Offences Ticket Regulations, 1999 are amended by adding immediately after section 6 the following:

Ticket completed electronically

      6.1 (1) A ticket may be completed electronically if the data recorded for the ticket meets all of the following criteria:

             (a)  it is substantially the same as the ticket referred to in section 11 of the Act and is capable of being printed in accordance with section 6.3; and

             (b)  it is intelligible and cannot be altered after the ticket has been signed electronically in accordance with section 6.2, other than to elaborate on, compress or encrypt coded data as necessary for transmission to a database used for the purpose of storing electronic ticket data.

             (2)  A requirement in the Act for a person to enter or print information on a ticket is satisfied by provision of the information as part of the automated function of an electronic data system used to complete the ticket electronically.

Signing ticket electronically

      6.2 (1) A ticket may be signed electronically by the peace officer who issued the ticket in accordance with this section.

             (2)  A ticket that is signed electronically must contain a unique code, name or number assigned to a peace officer that identifies that peace officer as the originator of the data entered or attested to by him or her.

             (3)  The code, name or number referred to subsection (2) shall be:

             (a)  attached to the data entered or attested to by the peace officer referred to in subsection (2); and

             (b)  reasonably secure against unauthorized use.

             (4)  For the purpose of paragraph (3)(b), a code, name or number is presumed reasonably secure against unauthorized use if it meets one of the following conditions:

             (a)  the physical means of generating it are protected; or

             (b)  the electronic means of generating it are themselves a secure code or are protected by a password issued in confidence to the peace officer referred to in subsection (2).

Printing ticket completed electronically

      6.3 (1) A printed copy of a ticket completed and signed electronically in accordance with sections 6.1 and 6.2 may be filed as the original document if it is printed in accordance with these regulations and for the purpose of disposing of a charge under the Act.

             (2)  A ticket that is completed and signed electronically in accordance with these regulations shall be printed in the form required by the minister.

             (3)  A printed copy of a ticket referred to in this section

             (a)  is admissible in evidence as if it were the original;

             (b)  is admissible as proof, in the absence of evidence to the contrary, of the signing of the ticket; and

             (c)  is admissible as proof, in the absence of evidence to the contrary, of the time when the ticket was issued.