The Traffic Safety Court of Saskatchewan Act UNEDITED being Chapter T-19 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
Table of Contents 1 Short title 2 Interpretation 3 Application of Act 4 Traffic Safety Court established 5 Jurisdiction of traffic justice 6 Powers of traffic justice 7 Reccord of convictions to be supplied 8 Appeal 9 Regulations 10 Appropriation
CHAPTER T-19 An Act to establish a Traffic Safety Court for Saskatchewan Short title 1 This Act may be cited as The Traffic Safety Court of Saskatchewan Act. R.S.S. 1978, c.t-19, s.1. Interpretation 2 In this Act: court (a) court means The Traffic Safety Court of Saskatchewan established by section 4; driver improvement program (b) driver improvement program means a course of study or instruction for the improvement of the knowledge, attitudes and skills of persons in the operation of motor vehicles; motor vehicle (c) motor vehicle means a motor vehicle as defined in section 2 of The Vehicles Act; traffic justice (d) traffic justice means a justice of the peace who is appointed to the court under section 4. 1976-77, c.90, s.2; R.S.S. 1978, c.t-19, s.2. Application of Act 3(1) This Act applies only to such area or areas of the province as may be designated by order of the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may, by order, declare that, with respect to any area designated under subsection (1), this Act shall apply only to offences mentioned in section 5 that are alleged to have been committed in such area, or in such area and any other area as may be designated by the Lieutenant Governor in Council for the purpose. 1976-77, c.90, s.3; R.S.S. 1978, c.t-19, s.3. Traffic Safety Court established 4(1) The Traffic Safety Court of Saskatchewan is continued. (2) The court shall be a court of record and shall consist of such justices of the peace as are appointed by the Lieutenant Governor in Council and any justice of the peace appointed a member of the court shall be known as a traffic justice. (3) Where a justice of the peace who is a member of the court ceases to be justice of the peace by reason of resignation or otherwise, he ceases to be a member of the court on the day on which he ceases to be a justice of the peace. (4) A justice of the peace appointed to the court holds office at the pleasure of the Lieutenant Governor in Council. 976-77, c.90, s.4; R.S.S. 1978, c.t-19, s.4.
4 c. T-19 TRAFFIC SAFETY COURT Jurisdiction of traffic justice 5(1) A traffic justice may, subject to this Act, try any person justice who is charged with: (a) an offence against: (i) The Vehicles Act; (ii) a bylaw of the Wascana Centre Authority; (iii) a bylaw of an urban or rural municipality; on account of the operation of a motor vehicle; (b) a violation of any provision of a regulation made under section 68 of the The Highways Act; (c) a violation of any provision of an order made under section 69 of The Highways Act; (d) exceeding the maximum weight specified in a permit issued to him under section 70 of The Highways Act. (2) A traffic justice may not try under this Act any person charged with an offence against any bylaw of the Wascana Centre Authority, or of an urban or rural municipality, prohibiting, regulating or controlling the parking or stopping of motor vehicles. (3) Nothing in this Act limits or otherwise affects the power of a justice of the peace under any other Act or law. 1976-77, c.90, s.5; R.S.S. 1978, c.t-19, s.5. Powers of traffic justice 6(1) Where a person is convicted under this Act of an offence mentioned in clause (a) of subsection (1) of section 5, the traffic justice may, notwithstanding any other Act or law in force in Saskatchewan prescribing a fine or penalty for the offence: (a) suspend the passing of sentence on the person; (b) impose on the person the fine or penalty so prescribed in respect of the offence but suspend the operation of the sentence and direct the person to attend a driver improvement program approved by the Lieutenant Governor in Council; (c) impose on the person the fine or penalty so prescribed in respect of the offence, direct the person to attend a driver improvement program approved by the Lieutenant Governor in Council and, in any case where the traffic justice considers it appropriate, reduce the fine or penalty so imposed or order that no fine or penalty be imposed in respect of the offence; (d) impose no fine or penalty on the person for the offence but direct the person to attend a driver improvement pro gram approved by the Lieutenant Governor in Council. (2) Where a traffic justice has passed sentence on a person under clause (b) or (d) of subsection (1) but the person does not attend a driver improvement program as directed by the traffic justice, tile traffic justice may summon the person to appear before him and, in the absence of a reasonable explanation from the person for his not attending the driver improvement program as directed, may impose on the person the fine or penalty mentioned in subsection (1) in respect of the offence. 1976-77, c.90, s.6; R.S.S. 1978, c.t-19, s.6.
TRAFFIC SAFETY COURT c. T-19 5 Reccord of convictions to be supplied 7(1) Notwithstanding section 26 of The Vehicles Act, The Highway Traffic Board shall, on receipt of a written request therefor from a traffic justice, supply to the court a certified copy of the record of the convictions, if any, contained in the records maintained by the Highway Traffic Board under section 25 of The Vehicles Act, of the person named by the traffic justice in his request. (2) A copy of the record of convictions of a person supplied by The Highway Traffic Board to the court under subsection (1) becomes part of the record of the court at such time as the record is used by the traffic justice in considering the matter of sentence of the person. (3) Where a person in respect of whom a record of convictions has been supplied to the court under subsection (1) is acquitted of the offence in respect of which a request for such record was made, the traffic justice shall return the certified copy of the record of convictions of the person to The Highway Traffic Board. 1976-77, c.90, s.7; R.S.S. 1978, c.t-19, s.7. Appeal 8(1) Any person, including the prosecutor or complainant, who feels himself aggrieved by a conviction or sentence imposed by a traffic justice for an offence tried under this Act, or by an order of a traffic justice dismissing an information under this Act, may appeal the conviction, sentence or dismissal to a judge of the magistrates courts. (2) A person desiring to appeal shall, within thirty days after the day on which the conviction was made, sentence imposed or information dismissed, whichever the person is desirous of appealing, serve a notice of appeal on the chief judge of the magistrates courts and, where the appeal is being taken by the defendant, on the prosecutor or complainant or, where the appeal is being taken by the prosecutor or complainant, on the defendant. (3) The chief judge of the magistrates courts, upon being served with a notice of appeal under subsection (2), shall designate a judge of the magistrates courts to act in the matter of the appeal and thereupon such judge has jurisdiction therewith. (4) A judge of the magistrates courts shall, upon proof of service under subsection (2) of notice on the prosecutor, complainant or defendant, as the case may be, set a date for the hearing of the appeal and shall give such directions to the appellant and the person served with notice of appeal under subsection (2) as the judge considers necessary. (5) An appeal against conviction or dismissal of an information shall be by way of trial de novo. (6) A judge of the magistrates courts may make such order on an appeal under this section as he considers the traffic justice ought to have made. (7) A further appeal from a decision of a judge of the magistrates courts under this section shall lie to the District Court, on a question of law, and the provisions of this section governing an appeal in the first instance shall apply mutatis mutandis to an appeal to a District Court judge. (8) There is no appeal from the decision of a District Court judge made under this section.
6 c. T-19 TRAFFIC SAFETY COURT (9) A notice of appeal under this section may be served personally on the person to be served or may be served by sending it by registered mail, postage prepaid, to the person to be served at the address of the person as shown in the record of the court. (10) Service of a notice of appeal under this section shall be sufficiently proved by affidavit of the person by whom the notice is served or mailed and there shall be exhibited to the affidavit a copy or duplicate of the notice and, in addition, in case of service by registered mail, the postmaster s receipt for the envelope containing the notice. 1976-77, c.90, s.8; R.S.S. 1978, c.t-19, s.8. Regulations 9 The Lieutenant Governor in Council may make regulations: (a) requiring a traffic justice to prepare and file reports: (i) respecting the disposition of all matters commenced, tried, heard or adjudicated upon, by or before him; (ii) respecting the receipt of moneys; (iii) of such other nature pertaining to the duties of his office under this Act as may be prescribed by the Lieutenant Governor in Council; (b) prescribing the form and manner in which reports required under clause (a) shall be prepared and filed; (c) prescribing the remuneration and allowances for expenses payable to traffic justices for the performance of their duties under this Act. 1976-77, c.90, s.9; R.S.S. 1978, c.t-19, s.9. Appropriation 10 Sums required for the purposes of this Act may be paid out of moneys appropriated by the Legislature for the purpose. 1976-77, c.90, s.10; R.S.S. 1978, c.t-19, s.10. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012