BILL 23

An Act to Amend the Highway Act

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

1Section 1 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended

(a)in the definition "bridge" by adding "and overpasses and underpasses" after "thereto";

(b)by adding the following in alphabetical order:

"vehicle" means a vehicle as defined in the Motor Vehicle Act together with any load or loads being carried or towed by that vehicle;

2Paragraph 13.1e) of the French version of the Act is amended by striking out "tranférés" and substituting "transférés".

3Subsection 15(4) of French version of the Act is amended in the portion preceding paragraph a) by striking out "tout autre" and substituting "toute autre".

4Section 27 of the French version of the Act is amended by striking out "Parie" and substituting "Partie".

5Paragraph 28(1)c) of the French version of the Act is amended by striking out "hâvre" and substituting "havre".

6Section 36 of the Act is repealed and the following is substituted:

36(1)In this section

"authorized emergency vehicle" means an authorized emergency vehicle as defined in the Motor Vehicle Act;

"height restriction" means, with reference to a bridge, any maximum restriction imposed by the Minister with respect to that bridge under subsection (3) in relation to the height of a vehicle;

"municipality" means a city, town or village;

"weight restriction" means, with reference to a highway or bridge, any maximum restriction imposed by the Minister with respect to that highway or bridge under subsection (2) or (3) in relation to the weight of a vehicle.

36(2)The Minister, if of the opinion that the operation of a vehicle may cause damage to a highway, may impose weight restrictions with respect to that highway at the time and for the period the Minister considers necessary by causing to be posted on the highway a sign indicating a maximum weight restriction for a vehicle, or a maximum weight restriction per axle or combination of axles of a vehicle, and the restriction takes effect when the sign is posted.

36(3)The Minister may impose a height restriction, a weight restriction or both with respect to a bridge by causing to be posted on the bridge a sign indicating a maximum height restriction for a vehicle, a maximum weight restriction for a vehicle, a maximum weight restriction per axle or combination of axles of a vehicle or any combination of those restrictions, and the restriction takes effect when the sign is posted.

36(4)Evidence of the existence on a highway or bridge of a sign indicating a weight restriction, a height restriction or both is proof, in the absence of evidence to the contrary, that the sign was posted and maintained under the authority of the Minister, and of the weight restriction, the height restriction or both, imposed with respect to the highway or bridge.

36(5)The Minister may amend or cancel a sign posted under subsection (2) or (3) at any time.

36(6)The Minister may, in addition to posting a sign under subsection (2) or (3), give notice of a weight or height restriction by such other means as the Minister considers expedient, but failure to give notice under this subsection does not invalidate the weight or height restriction.

36(7)If a person, excepting a person acting under and in accordance with a special permit issued under subsection (13), operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect and the weight of the vehicle including any load, or the weight per axle or combination of axles, as the case may be, is in excess of the weight restriction, that person commits an offence.

36(8)If a person operates a vehicle on or under a bridge with respect to which a height restriction is in effect and the height of the vehicle including any load is in excess of the height restriction, that person commits an offence.

36(9)If a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect and the weight of the vehicle including any load is in excess of the weight restriction, that person shall, in addition to any fine imposed under the Provincial Offences Procedure Act, be ordered to pay a further penalty calculated on that excess weight as follows:

(a)one dollar for each fifty kilograms or fraction of fifty kilograms in the first twenty-five hundred kilograms of excess weight;

(b)two dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over twenty-five hundred kilograms up to and including forty-five hundred kilograms;

(c)three dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over forty-five hundred kilograms up to and including seven thousand kilograms;

(d)four dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over seven thousand kilograms up to and including nine thousand kilograms; and

(e)five dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over nine thousand kilograms.

36(10)If a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect with a weight per axle or combination of axles in excess of the weight restriction, that person shall, in addition to any fine imposed under the Provincial Offences Procedure Act, be ordered to pay a further penalty calculated on that excess weight as follows:

(a)one dollar for each fifty kilograms or fraction of fifty kilograms in the first twenty-five hundred kilograms of excess weight;

(b)two dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over twenty-five hundred kilograms up to and including forty-five hundred kilograms;

(c)three dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over forty-five hundred kilograms up to and including seven thousand kilograms;

(d)four dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over seven thousand kilograms up to and including nine thousand kilograms; and

(e)five dollars for each fifty kilograms or fraction of fifty kilograms of excess weight over nine thousand kilograms.

36(11)If a person operates a vehicle or causes a vehicle to be operated on a highway or on or under a bridge with respect to which a weight restriction, a height restriction or both are in effect and the weight of the vehicle including any load, or the weight per axle or combination of axles, as the case may be, is in excess of the weight restriction or the height including any load is in excess of the height restriction and, by doing so, causes damage to the highway or bridge, the owner and the operator of the vehicle are jointly and severally liable to the Crown for the damage.

36(12)Upon application, the Minister may, in accordance with the regulations, issue a special permit, subject to the terms and conditions the Minister considers appropriate, authorizing the operation or movement of

(a)a vehicle on a highway with respect to which a weight restriction is in effect, or

(b)a vehicle that is operated under a contract with or is owned by a municipality and that is used for the purpose of maintaining highways, including for snow removal, salting, sanding or grading, during the month of November, December, January, February, March or April, on a bridge with respect to which a weight restriction is in effect.

36(13)A special permit may permit the holder or other person acting under and in accordance with the permit to operate or move a vehicle that exceeds weight restrictions imposed with respect to a highway or a bridge, as the case may be, subject to the terms and conditions set out in the permit.

36(14)The issuance of a special permit does not affect the liability imposed on any person by subsection (11).

36(15)Weight restrictions imposed with respect to a bridge do not apply to

(a)authorized emergency vehicles and the persons operating those vehicles, and

(b)vehicles that are operated under a contract with or are owned by the Province and are used for the purpose of maintaining highways, including for snow removal, salting, sanding or grading, and the persons operating those vehicles, during the months of November, December, January, February, March and April.

7Section 37 of the Act is repealed and the following is substituted:

37(1)In this section

"approved weighing device" means a weighing device established in accordance with the regulations as an approved weighing device for the purposes of this section;

"qualified technician" means a person deemed to be a qualified technician under subsection (9).

37(2)Any commercial vehicle inspector may

(a)demand that the operator of a vehicle or, when the vehicle is not then being operated, the person having care or control of the vehicle submit the vehicle or an axle or axles of the vehicle to a weighing by means of an approved weighing device,

(b)demand that the operator of a vehicle or, when the vehicle is not then being operated, the person having care or control of the vehicle drive the vehicle forthwith to the location of an approved weighing device specified by the commercial vehicle inspector and at that location submit the vehicle or an axle or axles of the vehicle to a weighing, and

(c)if the inspector has reason to believe, upon the weighing of a vehicle or an axle or axles of a vehicle by means of an approved weighing device operated by a qualified technician, that the weight of the vehicle, the weight per axle or axles or the weight distribution of the vehicle related to axle loadings is greater than the limit permitted by this Act or the regulations, direct the operator or person having care or control of the vehicle

(i)to drive the vehicle to a location specified by the commercial vehicle inspector and to leave the vehicle standing at that location until such portion of the load is removed as may be necessary to reduce the weight of the vehicle or the weight per axle or axles, or to correct the weight distribution of the vehicle, to within the limit permitted by this Act or the regulations, or

(ii)forthwith to remove such portion of the load as may be necessary to reduce the weight of the vehicle or the weight per axle or axles, or to correct the weight distribution of the vehicle, to the limit permitted by this Act or the regulations.

37(3)A person who fails or refuses to comply with a demand or direction made or given to the person by a commercial vehicle inspector under subsection (2) commits an offence.

37(4)Any commercial vehicle inspector, for the purposes of making a demand under paragraph (2)(a) or (b), may

(a)signal the operator of a vehicle to stop, and

(b)give the operator or the person having care or control of the vehicle such directions as to the operation of the vehicle as the inspector considers necessary.

37(5)An operator or a person having care or control of a vehicle who fails or refuses to comply with a signal to stop or with a direction as to the operation of the vehicle given to the operator or person by a commercial vehicle inspector under subsection (4) commits an offence.

37(6)The Lieutenant-Governor in Council may make regulations designating a device of a kind that is designed to measure weight as being an approved weighing device for the purposes of this section and may, for that purpose, adopt by reference in the regulations a regulation made under the Motor Vehicle Act, with any necessary modifications and, upon the regulations under this Act being published in The Royal Gazette, the device shall be deemed to be an approved weighing device.

37(7)The Lieutenant-Governor in Council may designate a person as being qualified

(a)to operate an approved weighing device, or

(b)to test, determine and certify the accuracy of any approved weighing device.

37(8)The Lieutenant-Governor in Council shall publish a notice of a designation under subsection (7) in The Royal Gazette.

37(9)Upon publication of a notice of a designation in accordance with subsection (8), a person designated under paragraph (7)(a) shall be deemed to be a qualified technician and a person designated under paragraph (7)(b) shall be deemed to be a person qualified to test, determine and certify the accuracy of any approved weighing device.

37(10)A certificate of a qualified technician stating that the technician has weighed a vehicle or an axle or axles of a vehicle by means of an approved weighing device and stating the result of the weighing is evidence

(a)of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate, and

(b)where the vehicle referred to in the certificate bears the same registration number as the vehicle with respect to which the offence is alleged to have been committed, that the vehicle referred to in the certificate is the vehicle with respect to which the offence is alleged to have been committed.

37(11)A certificate of a person designated under paragraph (7)(b) stating that the person has tested an approved weighing device and stating the accuracy of the approved weighing device is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

37(12)No certificate referred to in subsection (10) or (11) shall be received in evidence unless the party intending to produce it has, before the trial, given to the accused reasonable notice of the intention together with a copy of the certificate.

37(13)Any person against whom a certificate described in subsection (10) or (11) is produced may, with leave of the court, require the attendance of the person signing the certificate for the purposes of cross-examination.

37(14)Where in any proceedings respecting an offence under subsection 36(7), a vehicle, or an axle or axles of a vehicle, have been weighed under a demand made under subsection (2), evidence of the results of the weighing is, in the absence of evidence to the contrary, proof of the weight of the vehicle, of the weight per axle or axles of the vehicle or of the weight distribution of the vehicle at the time when the offence is alleged to have been committed, if

(a)the vehicle, or an axle or axles of it, were weighed by means of an approved weighing device operated by a qualified technician, and

(b)the vehicle, or an axle or axles of it, were weighed by means of an approved weighing device certified by a person designated under paragraph (7)(b) as being accurate on any day within the period of, but not exceeding, sixty days before the weighing.

37(15)The Registrar of Motor Vehicles under the Motor Vehicle Act may issue a certificate stating that a vehicle is or was on a specified date registered in the name of a specified person and that the permissible weight for which the vehicle is or was registered on the specified date is as stated in the certificate, and any such certificate purporting to be signed by the Registrar shall be

(a)received in evidence by any court in the Province without proof of the signature set out in the certificate,

(b)evidence, in the absence of evidence to the contrary, of the facts stated in the certificate, and

(c)on the hearing of an information for a violation of this Act or the regulations, evidence, in the absence of evidence to the contrary, that the person named in the certificate is the accused and that the vehicle referred to in the certificate is the vehicle in respect of which the offence is alleged to have been committed.

37(16)Operators or other persons having care or control of a vehicle shall care for material they have unloaded from the vehicle at their own risk, where they have been

(a)directed under subparagraph (2)(c)(i) to drive the vehicle to a specified location and to leave the vehicle standing at that location until a portion of the load is removed, or

(b)directed under subparagraph (2)(c)(ii) to remove a portion of the load.

8Paragraph 61(1)a) of the French version of the Act is amended by striking out "terrrain" and substituting "terrain".

9Subsection 63(1) of the English version of the Act is amended by striking out "or or" and substituting "or".

10Subsection 67(1) of the Act is amended

(a)by repealing paragraph (c.1) and substituting the following:

(c.1)respecting the manner in which vehicles and axles are to be weighed, including adopting by reference a regulation under the Motor Vehicle Act, with any necessary modifications, for that purpose;

(b)in paragraph c.2) of the French version by striking out the period at the end of the paragraph and substituting a semicolon;

(c)by repealing paragraph (c.3) and substituting the following:

(c.3)respecting the application for and the issuance of special permits under subsection 36(12) and the terms and conditions applicable to those permits;

(d)by repealing paragraph (c.4) and substituting the following:

(c.4)prescribing fees payable for special permits issued under subsection 36(12);

11Subsection 69(2) of the Act is repealed and the following is substituted:

69(2)The owner of a vehicle shall, in the absence of evidence to the contrary, be guilty of any violation of this Act committed by any person operating or in charge of the vehicle and involving the weight of the vehicle including any load or the weight of the vehicle per axle or combination of axles of the vehicle, as the case may be.

12Subsection 70.1(3) of the English version of the Act is amended by striking out "office" and substituting "officer".

13Schedule A of the Act is amended by striking out

36(5) E

37(2) E

37(4) E

and substituting

36(7) E

36(8) E

37(3) E

37(5) E

14Subsection 260(13) of the Motor Vehicle, Act, chapter M-17 of the Revised Statutes, 1973, is repealed and the following is substituted:

260(13)In this section

"vehicle" includes any vehicle together with any load or loads being carried or towed by that vehicle.

15This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

A definition is amended and a definition is added.

Section 2

A typographical error in the French version is corrected.

Section 3

A typographical error in the French version is corrected.

Section 4

A typographical error in the French version is corrected.

Section 5

A typographical error in the French version is corrected.

Section 6

A provision relating to height and weight restrictions is amended, references to motor vehicles are amended to refer to vehicles, archaic language is removed and and gender-specific language is removed in the English version. The existing provision is as follows:

36(1)Subject to subsection (2), where, in the opinion of the Minister, the operation of a motor vehicle may cause damage to a highway, he may impose weight restrictions with respect to such highway at such time and for such period as he considers necessary by causing to be published a notice to that effect in any newspaper having general circulation in the Province.

36(2)The Minister may amend or cancel a notice of restriction published under subsection (1) by causing to be published a notice of such amendment or cancellation in any newspaper having general circulation in the Province.

36(3)Notwithstanding subsection (1), the Minister may cause to be posted on any bridge a sign indicating maximum load and height limits and evidence of the existence on a bridge of a sign indicating maximum load and height limits is proof, in the absence of evidence to the contrary, that the sign was posted and maintained under the authority of the Minister and of load and height restrictions placed on the bridge.

36(4)The Minister may in addition to publication under subsection (1) give notice of weight restrictions by such other means as he deems expedient, but failure to give notice under this subsection does not invalidate the weight restrictions imposed under subsection (1).

36(5)Where a person operates a motor vehicle on a highway with respect to which weight restrictions are in effect and the weight of the vehicle including load, or the weight per axle or combination of axles, is in excess of the weight restriction, that person commits an offence.

36(5.1)Where a person operates a motor vehicle on a highway with respect to which weight restrictions are in effect and the weight of the vehicle including load is in excess of the weight restriction, that person shall in addition to any fine prescribed in subsection (5) be ordered to pay a further penalty calculated on such excess weight as follows:

(a)one dollar for each fifty kilograms or fraction thereof of the first twenty-five hundred kilograms of such excess weight,

(b)two dollars for each fifty kilograms or fraction thereof of such excess weight over twenty-five hundred kilograms up to and including forty-five hundred kilograms,

(c)three dollars for each fifty kilograms or fraction thereof of such excess weight over forty-five hundred kilograms up to and including seven thousand kilograms,

(d)four dollars for each fifty kilograms or fraction thereof of such excess weight over seven thousand kilograms up to and including nine thousand kilograms, and

(e)five dollars for each fifty kilograms or fraction thereof of such excess weight over nine thousand kilograms.

36(5.2)Where a person operates a motor vehicle on a highway with respect to which weight restrictions are in effect with a weight per axle or combination of axles in excess of the weight restriction, that person shall, in addition to any fine prescribed by subsection (5), be ordered to pay a further penalty calculated on such excess weight as follows:

(a)one dollar for each fifty kilograms or fraction thereof of the first twenty-five hundred kilograms of such excess weight,

(b)two dollars for each fifty kilograms or fraction thereof of such excess weight over twenty-five hundred kilograms up to and including forty-five hundred kilograms,

(c)three dollars for each fifty kilograms or fraction thereof of such excess weight over forty-five hundred kilograms up to and including seven thousand kilograms,

(d)four dollars for each fifty kilograms or fraction thereof of such excess weight over seven thousand kilograms up to and including nine thousand kilograms, and

(e)five dollars for each fifty kilograms or fraction thereof of such excess weight over nine thousand kilograms.

36(6)Where a person operates or causes to be operated upon a highway a motor vehicle when the weight of that vehicle including load is in excess of the weight restrictions in effect, and thereby causes damage to the highway, the owner and the operator of such motor vehicle are jointly and severally liable to the Crown for the damage.

36(7)Upon application, the Minister may, in accordance with the regulations, issue a special permit authorizing the operation or movement of

(a)a motor vehicle on a highway in respect of which weight restrictions are in effect under subsection (1), or

(b)a motor vehicle that is operated under a contract with or is owned by a municipality and that is used for the purpose of maintaining highways, including for snow removal, salting, sanding or grading, during the month of November, December, January, February, March or April, on a bridge in respect of which maximum load restrictions are in effect under subsection (3).

36(8)The granting of a permit under subsection (7) does not affect the liability of the owner or operator of a motor vehicle imposed by subsection 6.

36(8.1)Maximum load restrictions posted on a bridge under subsection (3) do not apply to

(a)authorized emergency vehicles and the persons operating such vehicles, and

(b)motor vehicles that are operated under a contract with or are owned by the Province and are used for the purpose of maintaining highways, including for snow removal, salting, sanding or grading, and the persons operating such motor vehicles, during the months of November, December, January, February, March and April.

36(9)Repealed.

Section 7

A provision in relation to the weighing of motor vehicles is amended to enable the Lieutenant-Governor in Council to adopt by reference regulations under the Motor Vehicle Act instead of enacting duplicate regulations, references to motor vehicles are amended to refer to vehicles, consequential amendments are made, archaic language is removed and and gender-specific language is removed in the English version. The existing provision is as follows:

37(1)Any commercial vehicle inspector may

(a)demand that the operator of a motor vehicle or, when the motor vehicle is not then being operated, the person having care or control of the motor vehicle submit the motor vehicle or an axle or axles thereof to a weighing by means of an approved weighing device;

(b)demand that the operator of a motor vehicle or, when the motor vehicle is not then being operated, the person having care or control of the motor vehicle drive the motor vehicle forthwith to the location of an approved weighing device specified by the commercial vehicle inspector and at such location submit the motor vehicle or an axle or axles thereof to a weighing;

(c)where he has reason to believe, upon the weighing of a motor vehicle or an axle or axles thereof by means of an approved weighing device operated by a qualified technician, that the weight of the motor vehicle, the weight per axle or axles or the weight distribution of the vehicle related to axle loadings is greater than the limit permitted by this Act or the regulations,

(i)direct the operator or person having care or control of the motor vehicle to drive the motor vehicle to a location specified by the commercial vehicle inspector and to leave the motor vehicle standing at that location until such portion of the load is removed as may be necessary to reduce the weight of the motor vehicle or the weight per axle or axles, or to correct the weight distribution of the motor vehicle, to within the limit permitted by this Act or the regulations, or

(ii)direct the operator or person having care or control of the motor vehicle to forthwith remove such portion of the load as may be necessary to reduce the weight of the motor vehicle or the weight per axle or axles, or to correct the weight distribution of the motor vehicle, to the limit permitted by this Act or the regulations.

37(2)A person who fails or refuses to comply with a demand or direction made or given to him by a commercial vehicle inspector under subsection (1) commits an offence.

37(3)Any commercial vehicle inspector, for the purposes of making a demand under paragraph (1)(a) or (1)(b), may

(a)signal the operator of a motor vehicle to stop, and

(b)give the operator or the person having care or control of the motor vehicle such directions as to the operation of the vehicle as he considers necessary.

37(4)An operator or a person having care or control of a motor vehicle who fails or refuses to comply with a signal to stop or with a direction as to the operation of the motor vehicle given to him by a commercial vehicle inspector under subsection (3) commits an offence.

37(5)The Lieutenant-Governor in Council may make regulations designating a device of a kind that is designed to measure weight as being an approved weighing device for the purposes of this section, and upon such regulations being published in The Royal Gazette such device shall be deemed to be an approved weighing device.

37(6)The Lieutenant-Governor in Council may designate a person as being qualified

(a)to operate an approved weighing device, or

(b)to test, determine and certify the accuracy of any approved weighing device,

and upon such designation being published in The Royal Gazette a person designated pursuant to paragraph (a) shall be deemed to be a qualified technician and a person designated pursuant to paragraph (b) shall be deemed to be a person qualified to test, determine and certify the accuracy of any approved weighing device.

37(7)A certificate of a qualified technician stating that he has weighed a motor vehicle or an axle or axles thereof by means of an approved weighing device and stating the result of his weighing is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate, and, where the motor vehicle referred to in the certificate bears the same registration number as the motor vehicle in respect of which the offence is alleged to have been committed, that the motor vehicle referred to in the certificate is the motor vehicle in respect of which the offence is alleged to have been committed.

37(8)A certificate of a person designated under paragraph (6)(b) stating that he has tested an approved weighing device and stating the accuracy of such approved weighing device is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

37(9)Where in any proceedings under subsection 36(5) a motor vehicle, or an axle or axles thereof, has been weighed pursuant to a demand made under subsection (1), if

(a)the motor vehicle, or an axle or axles thereof, was weighed by means of an approved weighing device operated by a qualified technician, and

(b)the motor vehicle, or an axle or axles thereof, was weighed by means of an approved weighing device certified as being accurate on any day within the period of, but not exceeding, sixty days prior to such weighing by a person designated under paragraph (6)(b),

evidence of the results of the weighing so conducted is, in the absence of any evidence to the contrary, proof of the weight of the vehicle, of the weight per axle or axles thereof or of the mass distribution of the vehicle at the time when the offence is alleged to have been committed.

37(10)Any person against whom a certificate described in subsection (7) or (8) is produced may, with leave of the Court, require the attendance of the person signing such certificate for the purposes of cross-examination.

37(11)The Registrar of Motor Vehicles under the Motor Vehicle Act may issue a certificate stating that a vehicle is or was on a date stated therein registered in the name of a person therein named and that the permissible weight for which the motor vehicle is or was on the date stated therein registered is as stated therein, and any such certificate purporting to be signed by the Registrar shall be

(a)received in evidence by any court in the Province without proof of the signature therein,

(b)prima facie evidence of the facts stated therein, and

(c)on the hearing of an information for a violation of this Act or the regulations prima facie evidence that the person named therein is the accused and that the motor vehicle referred to therein is the motor vehicle in respect of which the offence is alleged to have been committed.

37(12)No certificate referred to in subsection (7) or (8) shall be received in evidence unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.

37(13)Where the operator or the person having care or control of a motor vehicle is

(a)directed under subparagraph (l)(c)(i) to drive the motor vehicle to a specified location and to leave the vehicle standing at that location until a portion of the load is removed, or

(b)is directed under subparagraph (l)(c)(ii) to remove a portion of the load,

all material so unloaded shall be cared for by the operator or the person having care or control of the motor vehicle at the risk of such driver or person having care or control of the motor vehicle.

37(14)Repealed.

37(15)In this section "motor vehicle" includes any motor vehicle together with the load or loads being carried by that vehicle.

Section 8

A typographical error in the French version is corrected.

Section 9

A typographical error in the English version is corrected.

Section 10

(a)With the amendment, the Minister, with the approval of the Lieutenant-Governor in Council, will have authority to make regulations respecting the manner in which vehicles are weighed by adopting by reference regulations under the Motor Vehicle Act.

(b)A typographical error in the French version is corrected.

(c) and (d)Cross-references are amended as consequential amendments to the amendment made in section 6 of this amending Act.

Section 11

The existing provision is as follows:

69(2)The owner of a motor vehicle or farm tractor shall be guilty of any violation of this Act committed by any person operating or in charge of such motor vehicle or farm tractor and involving the weight of vehicle and load unless he establishes that the offence was committed without his knowledge and consent and by a person over whom he had no authority or control.

Section 12

A typographical error in the English version is corrected.

Section 13

Categories of offences under the Provincial Offences Procedure Act are amended as consequential amendments to the amendments made in sections 6 and 7 of this amending Act.

Section 14

A definition in the Motor Vehicle Act is amended to render it consistent with a definition amended in section 1 of this amending Act.

Section 15

Commencement provision.

Chapter Outline Update

Section 1

In section 1 add "vehicle -- véhicule" before "weight -- poids".

Sections 2 to 15

No change required.

Endorse: Hon. Sheldon Lee


Last Modified: 11:33am , December 22, 1997