BILL NO. 21

(ga) "crossing guard" means a person appointed by a regional municipality, town or municipality of a county or district and employed to direct the movement of children along or across highways going to or from school while so employed;

106A A person commits an offence who contrary to Sections 104 or 106 exceeds the speed limit by

(a) between one and fifteen kilometres per hour, inclusive;

(b) between sixteen and thirty kilometres per hour, inclusive; or

(c) by thirty-one kilometres per hour or more.

(1) The driver of a motor vehicle shall yield the right of way to a pedestrian lawfully within a crosswalk.

125A (1) A crossing guard may direct children across a roadway only at a marked crosswalk and as part of the crossing guard's employment.

(2) Before directing children across a roadway, a crossing guard shall

(a) display an approved stop sign in an upright position so that it is visible to all approaching vehicular traffic;

(b) enter into the middle of the intersection while continuing to display the stop sign; and

(c) ensure that all approaching vehicles have stopped.

(3) When a stop sign is displayed as required by subsection (2), the driver of any vehicle approaching the crosswalk shall stop no closer than five metres from the crosswalk.

(4) It is an offence for a driver of a vehicle to fail to obey a crossing guard who is directing children in a crosswalk.

(ae) incorporating by reference standards relating to vehicle weights and dimensions;

(1) No person shall conduct, maintain, operate, manage or hold himself or herself out as operating an official testing station unless the person is licensed to do so and the license has not expired or been cancelled or suspended.

(2) A person may apply to the Minister, in the manner prescribed by the regulations, for a license to operate an official testing station.

(2A) Subject to this Act and the regulations, the Minister may issue or renew a license and the license is valid for the person, location and type of vehicle indicated on the license.

(2B) The Minister may cancel, suspend or refuse to issue or renew a license if the Minister is satisfied that the licensee or an agent or employee of the licensee has violated this Act or the regulations.

(2C) A license is cancelled when the licensee ceases to operate or own the official testing station for which the license was issued.

(m) establishing official testing stations and designating a garage as an official testing station;

(n) prescribing the duration of licenses issued pursuant to this Section and requiring the payment of annual or other periodic fees by licensees;

(o) prescribing the manner and fees for applying for a license;

(p) prescribing the term and fees for a tester's license;

(q) respecting the duties of persons who have been issued a license to operate an official testing station;

(r) permitting the recognition of an out-of-Province inspection sticker or certificate based upon a reciprocal agreement;

(s) prescribing the requirements of a person applying for a license;

(t) incorporating by reference any classification, standard, procedure or other specification relating to motor vehicle inspections as it is amended from time to time;

(u) prescribing penalties for a violation of the regulations made pursuant to this Section.

(8) Every person who operates an official testing station without a license is guilty of an offence and is liable on summary conviction to a penalty of five hundred dollars for a first offence, seven hundred and fifty dollars for a second offence and one thousand dollars for a third or subsequent offence.

(9) Every person who fails to have the person's vehicle inspected or repaired as required by subsection (6) is guilty of an offence and is liable to a penalty of one hundred dollars for a first offence, two hundred dollars for a second offence and five hundred dollars for a third or subsequent offence.

275 (1) Whenever any motor vehicle is seized, taken into custody or possession or impounded under this Act by an official of the Department or a peace officer or upon an order of the Minister or the Registrar, all charges necessarily incurred by the official, officer or person acting under that order in the performance of such duty are a lien upon the motor vehicle.

(2) Any person who is designated by an official of the Department, a peace officer or upon an order of the Minister or the Registrar to tow, store or perform other services in connection with the seizure, taking into custody or possession or impoundment of a motor vehicle has a lien on the vehicle for the charges for those services.

(3) Where the motor vehicle has been impounded for a period of thirty days, the official of the Department or peace officer who seized or impounded the motor vehicle or the person who ordered the seizure, taking into custody or possession, or impoundment of the motor vehicle may order the sale of the motor vehicle.

276 (1) Whenever a motor vehicle is sold by the Minister, the Registrar, the Department or a person who has a lien on the motor vehicle under this Act, the sale shall be by tender or by public auction and, at least seven days before the sale, notice of the sale shall be published in one or more newspapers published and circulated in the Province and at the same time mailed to the registered owner of the motor vehicle by registered mail addressed to the owner at the owner's name and address as they appear on the records of the Department.

(2) The proceeds of a sale referred to in subsection (1) shall be applied to the payment of any debt, lien or charge incurred in connection with the seizure, towing, taking into custody or possession, storage or impoundment of the motor vehicle and, where the proceeds are insufficient to pay all such debts, liens or charges, the proceeds shall be paid to the persons entitled thereto pari passu.

(3) Any proceeds remaining after payment of the debts, liens or charges referred to in subsection (2) shall be held by the Department for one month after the sale, and any claim or claims to the proceeds, or any portion thereof, must be established within the one-month period, and, after the one-month period has elapsed, where no claim to the proceeds has been established, the proceeds so held by the Department escheat to Her Majesty in right of the Province and all claims for interest in the motor vehicle or in the proceeds derived from the sale of the motor vehicle are forever barred.

(2A) Where a hearing is held or an explanation offered pursuant to subsection (2) following the suspension of the license of a person for the reason that the Registrar believes that the person is afflicted with a mental or physical infirmity or disability rendering it unsafe for the person to operate a motor vehicle upon the highway, the Registrar may refer the information on the infirmity or disability that is available to the Registrar to a medical advisory committee appointed by the Minister pursuant to regulations respecting the classification of drivers' licenses for an opinion on the ability of the person to operate a motor vehicle.

6. Passing school bus    103(3), 125A    6
or failure to obey
crossing guard

8. Speeding in excess    102    4
of prima facie speed
limit

9. Speeding in excess of    103(1)    4
posted limit

9A. Speeding in excess of    106A(c)    4
posted limit by 31
kilometres per hour
and over

9B. Speeding in excess of    106A(b)    3
posted limit by between
16 and 30 kilometres
per hour, inclusive

9C. Speeding in excess of    106A(a)    2
posted limit by between
1 and 15 kilometres per
hour, inclusive

9D. Failure to yield to    125(1), (2)    4
pedestrian

(ea) incorporating by reference any document as it exists when the regulations are made and incorporating by reference, as amended from time to time, any Act of the Parliament of Canada or regulations made pursuant thereto or any classification, standard, procedure or other specification;

(d) "safety fitness certificate" means a safety fitness certificate issued to a carrier pursuant to the regulations.

(b) prescribing a system of rating the performance of commercial motor vehicle carriers and drivers with respect to warnings, cancellations, suspensions, facility audits, safety inspections, trip inspections and contraventions of enactments of the Province, another reciprocating province of Canada, the Parliament of Canada, the United States of America or the Republic of Mexico relating to motor vehicles, and prescribing penalties, including suspension, that may be assessed against those carriers and drivers having an unsatisfactory rating;

(ba) authorizing the issuance of a safety fitness certificate and prescribing a fee for the certificate;

(a) prohibiting or regulating the erecting, maintaining, pasting, painting or exposing of advertisements upon or within one thousand metres from the centre line of the travelled portion of any highway or class of highway vested in Her Majesty in right of the Province, whether or not the highway is within a city or town;

50 (1) Upon application and payment of such fee as the Minister may determine, the Minister may permit the placement on a highway, adjacent to the travelled portion of the highway, of a sign displaying a name or logo advertising fuel, food, accommodation or farm-market services or such services as the Governor in Council may designate by regulation, subject to such conditions as the Minister may determine.

(2) The Governor in Council may make regulations designating services for the purpose of subsection (1).

51 (1) Upon the recommendation of the council of a municipality or a village commission, the Minister may, for the protection of a scenic view, designate a highway or portion of a highway within the municipality or village as a no-sign zone.

(2) Upon designation of a highway or portion of a highway pursuant to subsection (1), no advertising sign may be erected, maintained, pasted, painted or exposed upon or within one thousand metres from the centre line of the travelled portion of the highway or portion of a highway, as the case may be.

(b) "industrial railway" means a railway that

(m) "right of way" means the land occupied by a railway but does not include land that is not contiguous to a railway line.

8 (1) The Minister may enter into any agreement with the Government of Canada or with any federal regulatory authority, person or class of persons for the better administration of this Act and the regulation of railway safety, accident investigation and railway crossings, and such agreement has the force of law as if enacted by the Legislature.

(2) The Minister may appoint any person as a railway inspector including railway safety inspectors appointed pursuant to the Railway Safety Act (Canada), and such an inspector has all of the powers and duties of a railway inspector pursuant to this Act.

11 (1) No railway may connect with another railway except in accordance with the regulations.

(2) No railway may be operated after connection to another railway until it has been inspected by a railway inspector.

12 (1) In this Section, "road crossings" and "utility crossings" have the same meaning as in the Canada Transportation Act.

(2) Subject to the Canada Transportation Act, every decision, order, rule, regulation and direction made by the Canadian Transportation Agency or any predecessor thereof in relation to road crossings and utility crossings continues to apply to those crossings, even though the crossings have passed from federal to Provincial jurisdiction, until the decisions, orders, rules, regulations or directions are revoked or amended by the Canadian Transportation Agency or under this Act.

(5) The costs for the inspection may be recovered from any railway company, company or person by Her Majesty in right of the Province.

(3) The cost of the appraiser shall be borne equally between the two parties.

(4) If the parties are unable to agree on an independent appraiser to determine the net salvage value, net salvage value shall be determined by arbitration pursuant to the Arbitration Act.

(1) The Board, for the purpose of this Act, may authorize a person or body to sit jointly or concurrently with a board established pursuant to an Act of the Parliament of Canada or the legislature of a province of Canada, or a regulation made pursuant thereto.

(q) respecting insurance requirements;

(4A) Regulations made pursuant to subsection (1) or incorporated pursuant to subsection (4) may contain exemptions, either in whole or in part, for

(a) a particular railway or class of railways;

(b) specified railway equipment or a specified railway work; or

(c) a specified person,

from the application of a specified provision of the regulations.

51 The Municipal Government Act and any prescribed enactment does not apply to the right of way of a railway.

(ba) enters on premises that is apparently a railway line within the meaning of the Railways Act except to cross the railway line at a legally recognized crossing;