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An Act to Amend the Motor Vehicle Act

Legislature :
54
Session :
4
Bill No. :
55
Member :
Hon. Blaney
First Reading :
2002-5-29
Second Reading :
2002-5-30
Committee of the Whole :
2002-6-4
Amended :
Third Reading :
2002-6-5
Royal Assent :
2002-6-7

Text of Bill :
                                                                     
   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                   Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

   (a)       in the French version by repealing the definition «cyclomoteur» and substituting the following:

   «cyclomoteur» désigne un véhicule à moteur muni d’une selle ou d’un siège à l’usage du conducteur, conçu pour rouler sur trois roues au plus et propulsé par un moteur
n’excédant pas cinquante centimètres cubes et s’entend également d’un scooter, d’un tricycle ou d’une bicyclette pourvu d’un tel moteur;

   (b)       by repealing the definition “Minister” and substituting the following:

   “Minister” means the Minister of Public Safety and includes a person designated by the Minister to act on the Minister’s behalf;

   (c)       by repealing the definition “Registrar” and substituting the following:

   “Registrar” means the Registrar of Motor Vehicles and includes the Deputy Registrar of Motor Vehicles, an Acting Registrar of Motor Vehicles, a person designated by the
Registrar to act on the Registrar’s behalf and a person acting under and in accordance with a delegation referred to in subsection 3(3.2) or a sub-delegation referred to in
paragraph 3(3.4)(c) but does not include a person with whom the Registrar has made a written contract under section 22.1;

2                   The Act is amended by adding before section 3 the following:

2.1               The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

3                   Section 3 of the Act is amended by adding after subsection (3) the following:

3(3.1)      The Registrar may designate persons to act on the Registrar’s behalf.

3(3.2)      Without limiting subsection (3.1), the Registrar may delegate to another Minister of the Crown or the head of a corporation that is an agent of the Province any specific
power, authority, right, duty or responsibility that is given to the Registrar under a provision of this Act or the regulations and that is prescribed by regulation for the purposes of
this subsection and subsection (3.4).

3(3.3)      A delegation under subsection (3.2) shall be in writing.

3(3.4)      The Registrar shall, in a written delegation under this section,

   (a)       establish the manner in which the delegate is to exercise or carry out the delegated matter,
   
   (b)       set out any limitations, terms, conditions and requirements that the Registrar considers appropriate to impose on the delegate, and
   
   (c)               authorize the delegate to sub-delegate the power, authority, right, duty or responsibility to an employee of the department or corporation administered by that
   delegate, and to impose on the sub-delegate any limitations, terms, conditions and requirements that the delegate considers appropriate, in addition to those set out in the
   Registrar’s written delegation.

3(3.5)      A delegate or sub-delegate to whom this section applies shall exercise the delegated powers, authority and rights and carry out the delegated duties and responsibilities
in the manner established in, and in accordance with any limitations, terms, conditions and requirements imposed in the Registrar’s written delegation.

3(3.6)      A sub-delegate to whom this section applies shall exercise the delegated powers, authority and rights and carry out the delegated duties and responsibilities in
accordance with any limitations, terms, conditions and requirements imposed on the sub-delegate by the delegate.

3(3.7)      The Lieutenant-Governor in Council may make regulations prescribing the powers, authority, rights, duties and responsibilities that may be delegated by the Registrar for
the purposes of subsections (3.2) and (3.4).

4                   Section 4 of the Act is repealed and the following is substituted:

4(1)            The Registrar, persons appointed under the provisions of this Act or the regulations and persons acting under the instructions of any of them are not personally liable
for any loss or damage suffered by any person by reason of anything that any of them have done or omitted to do in good faith under, or in the exercise or supposed exercise of,
the powers given to any of them under this Act or the regulations.

4(2)                      Subsection (1) does not apply to the personal liability of a person with whom the Registrar has made a written contract under section 22.1.

5                   Section 13 of the Act is repealed and the following is substituted:

13(1)       The Registrar, if giving notice of any matter under the provisions of this Act, shall do so

   (a)       by means of personal service to the person to be notified,
   
   (b)       by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the
   records of the Registrar, or
   
   (c)         by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.

13(2)       The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the
mail.

13(3)       The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written
confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.

13(4)       Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee
of the Department of Public Safety naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.

13(5)       A document that purports to be a certificate of the Registrar, the Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in
paragraph (1)(a), (b) or (c)

   (a)       shall be admissible in evidence without proof of the signature, and
   
   (b)       is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.

13(6)       In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of
proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.

6                   Section 22 of the Act is amended in the portion preceding paragraph (a) by striking out “shall bear the signature of the owner or his agent written with pen and ink”
and substituting “shall, if requested by the Registrar, bear the signature of the owner or the owner’s agent, in the form and manner indicated by the Registrar”.

7                   The Act is amended by adding after section 22 the following:

22.1(1)                      Notwithstanding any other provision of this Act and without limiting subsection 3(3.1), the Registrar may in a written contract authorize and require a person who
is not an employee of the Civil Service, as defined in section 1 of the Civil Service Act,

   (a)       to take applications for registration of a vehicle as provided for in section 22,
   
   (b)       to accept payment of the fee prescribed for the registration,
   
   (c)         to require the applicant to furnish evidence of a policy of insurance with respect to the vehicle, as is required under subsection 17.1(3), and to examine that evidence,

   (d)       to issue or to refuse to issue to the applicant for registration a temporary permit to operate the vehicle as provided for in section 24, and registration plates,
   
   (e)         to forward to the Registrar a copy of the application for registration within four business days after accepting the application and prescribed fee, and to forward the
   prescribed fee to the Registrar in the manner provided for in the contract,
   
   (f)         to make and maintain records of each transaction in accordance with the requirements set out in the written contract,
   
   (g)       to submit to a periodic audit of the records by a person designated by the Registrar,
   
   (h)       to exercise such other powers, authority and rights and carry out such other duties and responsibilities of the Registrar that relate to the registration of vehicles and the
   issuance of temporary permits as may be set out in the written contract, and
   
   (i)         to comply with any other limitations, terms, conditions and requirements that are set out in the written contract.

22.1(2)   The Registrar shall ensure that a registration certificate and any other appropriate evidence of registration are issued to the applicant forthwith after receiving the copy of
the application for registration.

22.1(3)   The Registrar may, in the Registrar’s discretion, amend, renew, suspend, revoke or reinstate a written contract made under this section.

22.1(4)   The provisions of this Act and the regulations apply with the necessary modifications to the application for and the handling of the registration of a vehicle and the
issuance of or refusing to issue a temporary permit by a person with whom the Registrar has made a written contract under subsection (1), and to all other matters carried out by
such a person when acting under the contract.

22.1(5)   A person with whom the Registrar has made a written contract under subsection (1) shall accept and handle applications and issue or refuse to issue temporary permits in
every respect in accordance with the limitations, terms, conditions and requirements set out in the written contract and with the provisions of this Act and the regulations referred
to in subsection (4), as they apply with the necessary modifications.

8                      Subsection 47(8) of the Act is amended by adding after paragraph (a) the following:

   (a.1)               respecting fees to be paid upon any registration of a commercial vehicle or bus referred to in subsection (5), for the purpose of funding expenditures in connection
   with the administration of an agreement referred to in that subsection;

9                      Paragraph 80(1)(c) of the English version of the Act is amended by striking out “instrument of husbandry” and substituting “implement of husbandry”.

10                Section 84 of the Act is amended

   (a)       by repealing subsection (11) and substituting the following:

84(11)                      Notwithstanding any other provision of this Act or the regulations, if a person is convicted of an offence under section 253 or 254 of the Criminal Code (Canada),
paragraph (4)(d) or subsection (5) or 310.02(13) and if the offence was committed while the person was the holder of a learner’s licence, the Registrar shall revoke any licence that
is held by the person at the time of conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring upon the later
of

   (a)       the expiration of any periods of revocation and suspension already imposed, and
   
   (b)       the expiration of one year from the date on which the revocation or suspension commences.

   (b)       by adding after subsection (12) the following:

84(12.01)                      A person whose licence, other than a learner’s licence, is revoked under subsection (11) shall not be permitted to hold another licence until

   (a)       the applicable period referred to in subsection (11) has expired, and
   
   (b)       the person has, subsequent to the revocation, successfully completed the drinking driver re-education course approved by the Minister of Health and Wellness and
   assigned to the person by the Registrar, and paid the fee prescribed by regulation for the course.

   (c)       in subsection (12.1) by adding “or subsection (12.01)” after “paragraph (12)(a)”.

11                      Subsection 113(2) of the Act is repealed and the following is substituted:

113(2)    No provision of a by-law of a local authority affecting the use of a provincial highway is valid or effective until the local authority has applied for and obtained from the
Registrar written notice of the Registrar’s approval of the by-law.

12                Section 239 of the Act is repealed.

13                Section 260 of the Act is amended

   (a)       by repealing subsection (6) and substituting the following:

260(6)    The Minister may in writing designate a person as being qualified

   (a)       to operate an approved massing device, or
   
   (b)       to test, determine and certify the accuracy of any approved massing device.

   (b)       by adding after subsection (6) the following:

260(6.1)                      A person who has been designated under paragraph (6)(a) shall be deemed to be a qualified technician and a person designated under paragraph (6)(b) shall be
deemed to be a person qualified to test, determine and certify the accuracy of any approved massing device.

14                      Subsection 284(3) of the Act is amended by striking out “the Registrar shall assign the bond to the judgment creditor” and substituting “the Registrar shall assign
the bond to the judgment creditor or, if an insurer is subrogated under section 266 of the Insurance Act to all rights of recovery that the judgment creditor has against the
judgment debtor, to the subrogated insurer”.

15                Section 285 of the Act is amended by striking out “to the judgment creditor” and substituting “to the judgment creditor or, if an insurer is subrogated under section
266 of the Insurance Act to all rights of recovery that the judgment creditor has against the judgment debtor, to the subrogated insurer”.

16                Section 286 of the Act is repealed and the following is substituted:

286(1)    A judgment creditor or subrogated insurer who has obtained from a court a final order, judgment or conviction to which this Part applies may

   (a)       obtain from the clerk, from the registrar of the court, or from the court where there is no clerk or registrar, a certified copy or a certificate of the order, judgment or
   conviction, and
   
   (b)       forward it to the Registrar, within fifteen days from the date on which the order, judgment or conviction becomes final by affirmation upon appeal, or by expiry without
   appeal of the time allowed for appeal, as the case may be, in the manner acceptable to the Registrar, together with an affidavit verifying that the judgment remains unpaid in full
   or in part and specifying the full name and address of the judgment debtor.

286(2)    The copy or certificate shall be prima facie evidence of the final order, judgment or conviction.

286(3)    The clerk or other official charged with the duty of issuing certificates of final judgment for transmission to the Registrar shall be entitled to collect and receive from the
judgment creditor or subrogated insurer, as the case may be, a fee of one dollar for each copy or certificate issued, which shall be paid as part of the court costs, in the case of an
order or judgment, by the person for whose benefit judgment is issued, and in the case of a conviction, by the person convicted.

286(4)    If the defendant is not resident in New Brunswick, the Registrar shall transmit a certificate of the order, judgment or conviction to the registrar of motor vehicles or other
officer, if any, in charge of the registration of motor vehicles and the licensing of drivers in the province or state in which the defendant resides.

17                      Paragraph 300(1)(c) of the Act is amended by adding “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act” after “thereunder,”.

18                Section 302 of the Act is amended

   (a)       in subsection (1) by adding “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act,” after “the regulations,”;

   (b)       in subsection (4) by adding “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act,” after “the regulations,”.

19                Section 304 of the Act is amended by adding “or under subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act,” after “motor vehicle,”.

20                Section 310 of the Act is repealed and the following is substituted:

310            The Registrar upon suspending or revoking a licence shall require that the licence be surrendered to the Registrar.

21                      Subsection 310.02(14) of the Act is repealed and the following is substituted:

310.02(14)                      Where an analysis of a sample of a person’s breath has been made for the purposes of section 310.01 or this section and it produces a result indicating the
presence of alcohol, the result shall be, in the absence of evidence to the contrary, proof that the person has breached a condition of a learner’s licence referred to in paragraph
84(4)(d) or subsection 84(5), as the case may be, if

   (a)       the person was the holder of the learner’s licence when the sample was provided, and
   
   (b)       the analysis was made by means of any device prescribed by regulation for the purposes of this subsection, in the manner prescribed by regulation.

22                Section 310.03 of the Act is amended in the portion preceding paragraph (a) by striking out “The revocation of a learner’s licence” and substituting “The
revocation of a licence”.

23                      Subsection 311(2) of the Act is amended

   (a)       in paragraph (a) by adding “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act” after “the regulations,”;

   (b)       in paragraph (c) by adding “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act” after “the regulations,”.

24                      Subsection 313(2) of the Act is amended

   (a)       in paragraph (b) by adding “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act” after “the regulations,”;

   (b)       in paragraph (e) by adding a comma followed by “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act” after “the regulations”.

25                      Subsection 347.1(1) of the Act is amended by adding a comma followed by “subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act” after
“the regulations”.

26                      Schedule A of the Act is amended by striking out

   239(a).......... E
   239(b).......... F

27(1)       Section 5 of An Act to Amend the Motor Vehicle Act, chapter 30 of the Acts of New Brunswick, 2001, is amended in subsection 205(1) as enacted by section 5

   (a)       in paragraph (a) by striking out “Pupil Conveyance and Lodging Regulation - Education Act” and substituting “Pupil Transportation Regulation - Education Act”;

   (b)       in paragraph (b) by adding “or (c)” after “paragraph (a)”.

27(2)       Section 10 of the Act is repealed.

28                      Paragraphs 1(b) and (c) and sections 2, 3, 4, 7 and 13 of this Act or any provision of them come into force on a day or days to be fixed by proclamation.



 

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