Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
Home | Franšais

An Act to Amend the Provincial Offences Procedure Act

Legislature :
55
Session :
2
Bill No. :
49
Member :
Hon. Green
First Reading :
2005-5-25
Second Reading :
2005-5-26
Committee of the Whole :
2005-5-27
Amended :
Third Reading :
2005-5-27
Royal Assent :
2005-6-3
Download PDF :
Bill 49

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



1                           Subsection 53(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:



53(1)               Subject to section 54, the means that may be used to enforce payment of a fine are



(a)               an order for seizure and sale in accordance with section 88 if the defendant is a corporation,



(b)               a payment order in accordance with section 89 if the defendant is not a corporation and the proceedings were commenced by the filing of a notice of prosecution, or



(c)                a warrant of committal in accordance with section 91 if the defendant is not a corporation and the proceedings were commenced by the laying of an information.



2                           Paragraph 54(2)(b) of the Act is repealed and the following is substituted:



(b)               a payment order in accordance with section 89



(i)         in relation to a defendant that is a corporation, or



(ii)       in relation to a defendant who is not a corporation if the proceedings were commenced by the laying of an information, or



3                           Section 87 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:



87                        Where the defendant is in default of payment of a fine, a judge may, subject to subsections 54(3), 85(4) and 91(1.1) and as determined by the judge under paragraph 46(1)(d), issue



4                           Section 91 of the Act is amended



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



91(1)               Subject to subsection (1.1), a warrant of committal in prescribed form may be issued in relation to a defendant



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



91(1.1)          A warrant of committal shall not be issued under subsection (1) if the proceedings were commenced by the filing of a notice of prosecution.



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



The existing provision is as follows:



53(1)               Subject to section 54, the means that may be used to enforce payment of a fine are



(a)               an order for seizure and sale in accordance with section 88 if the defendant is a corporation, or



(b)               a warrant of committal in accordance with section 91 if the defendant is not a corporation.



Section 2



The existing provision is as follows:



54(2)               On application made to the judge by the prosecutor at the time sentence is to be imposed, the judge may determine that one of the following means may also be used to enforce payment of a fine:



(a)               an order for seizure and sale in accordance with section 88 in relation to a defendant who is not a corporation,



(b)               a payment order in accordance with section 89, or



(c)                a suspension order in accordance with section 90.



Section 3



The existing provision is as follows:



87                        Where the defendant is in default of payment of a fine, a judge may, subject to subsections 54(3) and 85(4) and as determined by the judge under paragraph 46(d), issue



(a)               an order for seizure and sale in accordance with section 88,



(b)               a payment order in accordance with section 89,



(c)                a suspension order in accordance with section 90,



(d)               a warrant of committal in accordance with section 91.



Section 4



(a)               The existing provision is as follows:



91(1)               A warrant of committal in prescribed form may be issued in relation to a defendant



(a)               if an order for seizure and sale has been issued in respect of a defendant who is not a corporation, when the sheriff returns the order for seizure and sale to the office of the court accompanied by a statement in prescribed form to the effect that the order cannot be executed or that the execution of the order has not resulted in full payment of the fine,



(b)               if a payment order has been issued, when payment is not made to the office of the court in accordance with the terms of the order,



(c)                if a suspension order has been issued, when thirty days have elapsed from the date of service of the order and the fine has not been paid, and



(d)               in any other case, when a defendant who is not a corporation is in default of payment of a fine.



(b)               New provision.



Section 5



Commencement provision.

 

Legislative Assembly of New Brunswick
Email | Contacts |
Disclaimer