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An Act to Amend the Motor Vehicle Act

Legislature :
55
Session :
1
Bill No. :
72
Member :
Hon. Mr. Steeves
First Reading :
2004-6-23
Second Reading :
2004-6-24
Committee of the Whole :
2004-6-25
Amended :
Third Reading :
2004-6-29
Royal Assent :
2004-6-30
Download PDF :
Bill 72

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



1                           Section 76 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended



(a)               by repealing subsection (2) and substituting the following:



76(2)               On the surrender of a vehicle registration under this section, the registered owner is entitled, subject to the regulations, to receive as a refund of the registration fee paid by him or her an amount determined in accordance with the regulations.



(b)               by adding after subsection (2) the following:



76(2.1)          The Lieutenant-Governor in Council may make regulations respecting refunds for the purposes of this section, including the amount of the refund and the circumstances in which a refund shall not be made.



2                           Section 91 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



91(1)               The Registrar shall, upon payment of the required fee, issue to every qualified applicant a licence as applied for, which licence shall include



(a)               a distinguishing number assigned to the licensee,



(b)               the full name and residence address of the licensee,



(c)                a brief description of the licence,



(d)               subject to and in accordance with the regulations, a photograph of the licensee taken by equipment provided by the Minister,



(e)                a facsimile of the signature of the licensee or a space for the licensee to write his or her usual signature, and



(f)                such particulars as the Minister may require.



(b)               by adding after subsection (1) the following:



91(1.1)          A licensee shall write his or her usual signature with pen and ink in the space referred to in paragraph (1)(e) immediately upon receipt of the licence.



91(1.2)          No licence is valid until the licensee has signed the licence or it bears a facsimile of the signature of the licensee as required by this section.



91(1.3)          The Lieutenant-Governor in Council may make regulations



(a)               respecting the circumstances in which the Registrar may issue a licence that does not bear the photograph of the licensee as required by paragraph (1)(d), and



(b)               respecting any other matter in relation to photographs taken for a licence.



3                           Section 95 of the Act is amended



(a)               by repealing the portion preceding paragraph (1)(a) and substituting the following:



95(1)               Subject to subsection (1.1), every licence shall state on the face of the licence the date on which it will expire, which date shall be



(b)               by adding after subsection (1) the following:



95(1.1)          Every licence that does not bear the photograph of the licensee shall state on the face of the licence the date on which it will expire, which date shall be specified by the Registrar.



(c)               by repealing subsection (4) and substituting the following:



95(4)               The Registrar may extend the expiry date of an individual's licence



(a)               for a period of up to sixty days when it is apparent that such individual will, within sixty days from the date of application,



(i)         cease to be resident within the Province, and



(ii)       have his or her licence expire, or



(b)               for a period of time that the Registrar considers appropriate, when the Registrar has issued a licence that does not bear the photograph of the licensee.



4                           Notwithstanding paragraph 91(1)(d) of the Motor Vehicle Act, but subject to section 94 of that Act, where a licence that has been issued before the coming into force of this amending Act is lost or destroyed, the Registrar may issue to the licensee, at any time before the expiration of the licence, a duplicate or substitute licence that does not bear the photograph of the licensee.



5                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(a)                      The existing provision is as follows:



76(2)               On the surrender of a vehicle registration under this section, the registered owner is entitled to receive as a refund of the registration fee paid by him an amount prorated in relation to the unused months of the registration period less the processing fee which the Lieutenant-Governor in Council may prescribe by regulation.



(b)               New provision.



Section 2



(a)               The existing provision is as follows:



91(1)               The Registrar shall, upon payment of the required fee, issue to every applicant qualifying therefor a licence as applied for, which licence shall bear thereon such particulars as the Minister may prescribe and also a distinguishing number assigned to the licensee, the full name, residence address, and a brief description of the licence, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the licence and no licence shall be valid until it has been so signed by the licensee.



(b)               New provisions.



Section 3



(a)               The existing provision is as follows:



95(1)               Every licence shall state on the face thereof the date on which it will expire which date shall be...



(b)               New provision.



(c)                The existing provision is as follows:



95(4)               The Registrar may extend the expiry date of an individual's licence for a period of up to sixty days when it is apparent that such individual will



(a)               cease to be resident within the Province, and



(b)               have his licence expire,



within sixty days from the date of application.



Section 4



Transitional provision.



Section 5



Commencement provision.

 

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