BILL NO. 98
1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99
Motor Vehicle Act
(amended)
The Honourable Robert S. Harrison
Minister of Business and Consumer Services
First Reading: May 18, 1999
Second Reading: May 21, 1999
Third Reading: June 4, 1999
Explanatory Notes
Clause 1 provides that an official of the Department or a peace officer may enter any place where motor vehicles that are expected to be driven on a public highway are stored for the purpose of inspecting the mechanical fitness of the motor vehicle.
Clauses 2 and 3 correct a cross-reference and make clarifications necessary as a result of the amendments to the Motor Vehicle Act passed in December, 1998.
Clause 4 requires insurance companies and owners of vehicles to report to the Registrar of Motor Vehicles when a vehicle has been so seriously damaged that the vehicle is either non-repairable or the cost of repairing the vehicle exceeds the fair market value of the vehicle. Where an insurer has taken physical possession of a vehicle for the purpose of disposal, the insurance company must enter on the certificate of registration for the vehicle the designation "salvage" or "non-repairable". Where such a vehicle has been rebuilt and has passed the inspection required for a rebuilt vehicle, the Registrar must enter on the certificate of registration for the vehicle the designation "rebuilt". A person who does not report as required by these new provisions is liable to a minimum penalty of $100.
Clause 5 allows a peace officer a second chance to test the breath of a driver who is a licensed learner or a newly-licensed driver.
Clause 6 makes clarifications necessary as a result of the amendments to the Motor Vehicle Act passed in December, 1998.
Clause 7 clarifies that failure to provide evidence of motor vehicle insurance coverage when requested by a peace officer is proof that an insurance policy was not in effect.
Clause 8 permits a registered psychologist to report an unsafe driver. The amendment provides protection to registered psychologists against legal action similar to that already provided to medical doctors and optometrists.
Clauses 9 and 10 amend the provisions of the Act dealing with licence suspension for an alcohol-related offence by removing the requirement for a peace officer to prepare a sworn report.
Clauses 11 and 12 correct cross-references.
Clause 13 permits the Registrar to prescribe procedures respecting the impoundment of vehicles. At present, this authority is in the Governor in Council.
Clauses 14 to 16 make changes necessary as a result of the amendments to the Motor Vehicle Act passed in December, 1998.
Clause 17 provides for the minimum fine for the new offence contained in Clause 4.
Clause 18 makes Clause 4 subject to proclamation.
An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act
Be it enacted by the Governor and Assembly as follows:
1 Section 59 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed and the following Section substituted:
2 (1) Clause 67(5)(ba) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "subsection 255(1) or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985," in the sixth, seventh, eighth, and ninth lines and substituting "section 255 or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985, where the disqualification under subsection 259(4) was occasioned by an alcohol-related offence".
(2) Clause 67(5)(c) of Chapter 293, as amended by Chapter 32 of the Acts of 1998, is further amended by striking out "239(2)" in the fourth line and substituting "255(2)".
(3) Subsection 67(12) of Chapter 293 is amended by striking out "254, 255 or 259" in the second line and substituting "254 or 255".
(4) Section 67 of Chapter 293, as amended by Chapter 32 of the Acts of 1998, is further amended by adding immediately after subsection (22) the following subsection:
3 Subsection 70A(4) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by striking out "205, 227, 279, 282 or 283" in the fifth and sixth lines and substituting "100A, 100B, 205, 227, 279, 279A, 279C, 282 or 283".
4 Chapter 293 is further amended by adding immediately after Section 99 the following Section:
(a) "non-repairable vehicle" means a vehicle that is incapable of operation or use on the highway and that has no resale value except as a source of parts or scrap;
(b) "rebuilt vehicle" means any salvage vehicle that has been rebuilt and that has been inspected for the purpose of registration;
(c) "salvage vehicle" means any vehicle that is damaged by collision, fire, flood, accident, trespass or other occurrence to the extent that the cost of repairing the vehicle for legal operation on the highway exceeds its fair market value immediately before the damage.
(2) Where
(a) an insurer has paid a claim in respect of damage to a vehicle; and
(b) the insurance adjuster who examined the vehicle has certified that it is a salvage vehicle or a non-repairable vehicle,
the insurer shall, within five days of the date of payment of the claim, report the particulars thereof to the Registrar in such form and manner as the Registrar may determine.
(3) Where an insurer takes physical possession of a vehicle for the purpose of disposal, the insurer shall enter on the certificate of registration for the vehicle the designation "salvage" or "non-repairable", as the case may be.
(4) Where the owner of a self-insured fleet of vehicles declares a vehicle to be a salvage vehicle or a non-repairable vehicle, the owner shall report the particulars thereof to the Registrar within five days in such form as the Registrar may determine.
(5) Where a vehicle suffers such serious damage as to render the vehicle a salvage vehicle or a non-repairable vehicle, the owner shall report the particulars thereof to the Registrar within five days of the damage being suffered.
(6) Where a salvage vehicle has been rebuilt and has passed the inspection required by this Act for registration as a rebuilt vehicle, the Registrar shall, on payment of the prescribed fee, enter the designation "rebuilt" on the certificate of registration for that vehicle.
(7) A person who fails to report or furnish any information required by this Section is guilty of an offence.
5 Section 100A of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by adding immediately after subsection (4) the following subsection:
6 (1) Clause 100B(1)(a) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "for the purpose of this Section" in the third line.
(2) Subsection 100B(13) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "has breached a condition of a license referred to in Section 70 or 70A, as the case may be" in the last three lines and substituting "has breached a condition of a license referred to in Section 70A and has committed an offence under subsection (1) of Section 100A".
7 Subsection 230(2) of Chapter 293 is repealed and the following subsection substituted:
8 Subsections 279(8) and (9) of Chapter 293 are repealed and the following subsections substituted:
(9) No action shall be brought against a qualified medical practitioner or a registered psychologist for making a report in accordance with subsection (7) or (8), respectively.
(9A) In this Section,
(a) "qualified medical practitioner" means a medical practitioner as defined in the Medical Act;
(b) "registered psychologist" means a person whose name is on the Register of Psychologists and whose registration is not suspended or cancelled.
9 (1) Subclause 279A(1)(c)(i) of Chapter 293, as enacted by Chapter 12 of the Acts of 1994-95, is amended by striking out "date of issue" in the fifth line and substituting "effective date".
(2) Clause 279A(2)(d) of Chapter 293 is repealed.
(3) Subsection 279A(3) of Chapter 293, as enacted by Chapter 12 of the Acts of 1994-95, is amended by
(a) striking out the comma in the second line and substituting "and"; and
(b) striking out "and report of the peace officer referred to in this Section" in the second and third lines.
10 Clause 279B(6)(b) of Chapter 293 is repealed.
11 Subsection 279C(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "254(2)" in the second line and substituting "254(3)".
12 Subsection 287(1) of Chapter 293 is amended by striking out "293" in the last line and substituting "295".
13 (1) Section 291A of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by adding immediately after subsection (26) the following subsection:
(a) the manner in which orders may be issued and notifications of orders given pursuant to this Section; and
(b) methods for and rules of service for any notice or orders required to be served pursuant to this Section.
(2) Clauses 291A(27)(c) and (d) of Chapter 293 are repealed.
14 (1) Subsection 291B(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by
(a) striking out "suspension" in the last line of clause (b) and substituting "revocation"; and
(b) striking out "suspension" in the last line of clause (c) and substituting "revocation".
(2) Subsection 291B(3) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "(3)" in the first line and substituting "(2)".
15 (1) Subsection 291C(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by
(a) striking out "suspension" in the last line of clause (b) and substituting "revocation"; and
(b) striking out "suspension" in the last line of clause (c) and substituting "revocation".
(2) Subsection 291C(3) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "(3)" in the first line and substituting "(2)".
16 Clause 291D(1)(a) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is repealed and the following clauses substituted:
(aa) prescribing grounds of appeal under clause (e) of subsection (2) of Section 291B and clause (e) of subsection (2) of Section 291C;
17 Section 295 of Chapter 293, as amended by Chapter 36 of the Acts of 1990, Chapter 12 of the Acts of 1994-95, Chapter 23 of the Acts of 1995-96 and Chapter 34 of the Acts of 1996, is further amended by adding ", 99A" immediately after "98" in the second line.
18 Section 4 comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created June 24, 1999. Send comments to legc.office@gov.ns.ca.
