BILL NO. 146
2nd Session, 60th General Assembly
57 Elizabeth II, 2008
Motor Vehicle Act
The Honourable Murray K. Scott
Minister of Transportation and Infrastructure Renewal
First Reading: May 1, 2008
Second Reading: May 7, 2008
Third Reading: May 26, 2008 (LINK TO BILL AS PASSED)
Clause 1 amends the definition of a motorcycle.
Clause 2 amends the Motor Vehicle Act to provide that where a revoked driver's licence is restored for the purpose of an ignition interlock program, it remains revoked for all other purposes.
Clauses 3 to 6 establish new provisions in the Motor Vehicle Act respecting seizure and impoundment of motor vehicles in various circumstances.
Clause 7 provides regulation-making powers for the purpose of the seizure and impoundment provision established by Clause 6.
Clauses 8 and 9 change the penalty for driving while one's licence or privilege of obtaining a licence is cancelled, revoked or suspended from the penalty for a category G Offence under the Summary Proceedings Act to the penalty for a category H offence.
Clauses 10 and 11 correct typographical numbering errors in cross-references in amendments to the Motor Vehicle Act in a previous Bill.
Clause 12 provides that the Act comes into force upon proclamation.
1 Subclause 2(ac)(i) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed and the following subclause substituted:
2 Section 67 of Chapter 293, as amended by Chapter 12 of the Acts of 1994-95, Chapter 34 of the Acts of 1996, Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 32 of the Acts of 2005, Chapter 38 of the Acts of 2005, Chapter 54 of the Acts of 2005, Chapter 36 of the Acts of 2006 and Chapter 45 of the Acts of 2007, is further amended by adding immediately after subsection (5A) the following subsection:
(a) a peace officer has reason to believe that the operator of the vehicle has committed an offence under this Act or under any section of the Criminal Code (Canada) having particular relation to motor vehicles;
(g) the vehicle was being operated by a person at the time of an offence under this Act for which that person received a conviction that was that person's third, or subsequent to third, conviction for an offence under this Act; or
(2) Subject to subsection (4), where a motor vehicle is seized or impounded pursuant to this Section, the vehicle may be released to its owner upon the owner providing a bond satisfactory to the Registrar and on
(4) Where a motor vehicle that has been seized or impounded pursuant to this Section is required as evidence in a prosecution or in connection with an investigation of an offence under this Act or under the Criminal Code (Canada), it must not be released until it is no longer required for such purpose.
(5) Any personal property present in a motor vehicle that is seized or impounded pursuant to this Section, other than personal property attached to or used in connection with the operation of the vehicle, must be released to the owner of the personal property upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act or under the Criminal Code (Canada).
(6) Every person who obstructs or interferes with the Registrar, an official of the Department or a peace officer in the performance of that person's duties under this Section is guilty of an offence and liable upon summary conviction to a fine of not less than two hundred and not more than twenty thousand dollars or to imprisonment for a term of not more than six months, or to both.
(6) Notwithstanding any rights or obligations that any person providing towing or impound services under this Section or Section 272, 273, 273A or 291A may have pursuant to this Act or any other enactment, where the Registrar orders the sale of a motor vehicle pursuant to subsection (3), the Registrar or an impound facility may sell the vehicle pursuant to Section 276.
(7) No action or other proceeding for damages may be instituted against the Registrar, any official of the Department or any peace officer for any act done in good faith in the execution or intended execution of the person's duty under this Section or Section 272, 273, or 273A, or for any alleged neglect or default in the execution in good faith of that duty.
(1B) Upon receipt of notice of an intended sale pursuant to subsection (1A) or before sale of a motor vehicle by the Registrar, the Registrar shall, at least seven days before the sale, mail a notice to the registered owner of the vehicle by registered mail addressed to the owner using the owner's name and address as they appear on the records of the Department,
(1C) At least seven days before a motor vehicle is to be sold pursuant to subsection (1), the Registrar or the impound facility that will be selling the vehicle, as the case may be, shall cause notice of the sale to be published in one or more newspapers circulated in the Province and shall include in the notice
(1D) Where an impound facility sells a motor vehicle pursuant to this Section, the impound facility shall notify the Registrar of the sale within seven days of it taking place and shall apply the proceeds of the sale in the manner prescribed in the regulations.
(e) classifying persons and motor vehicles and prescribing exemptions for classes of persons and classes of motor vehicles from the application of Section 276 or regulations made respecting Section 276 and prescribing conditions for such exemptions;
10 Section 19 of Chapter 45 of the Acts of 2007, An Act to Amend Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by
300A (1) Any person who violates any of the provisions of clause (a) of subsection (1) of Section 106B is guilty of an offence and liable on summary conviction to double the penalties provided for a category C offence in the Summary Proceedings Act.
(2) Any person who violates any of the provisions of subsection (1) of Section 103 or clause (b) of subsection (1) of Section 106B is guilty of an offence and liable on summary conviction to double the penalties provided for a category D offence in the Summary Proceedings Act.
(3) Any person who violates any of the provisions of clause (c) of subsection (1) of Section 106B is guilty of an offence and liable on summary conviction to double the penalties provided for a category F offence in the Summary Proceedings Act.
(2) Where the fine revenue of Her Majesty in right of the Province or of a municipality from convictions based on evidence from image-capturing enforcement systems exceeds the costs of Her Majesty or the municipality, as the case may be, of acquiring and using the systems, Her Majesty or the municipality, respectively, shall use the surplus revenue for road-safety purposes.
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