BILL NO. 7

(a) the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide can be clearly seen by looking at the interior or exterior of the motor vehicle;

(b) there is no canister, bottle, tank or pressure vessel connected to that part; and

(c) either

(2) This Section does not apply to a person who uses a hand-held cellular telephone or other communications device to report an immediate emergency situation.

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

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

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

(2) The Governor in Council may make regulations defining a temporary work area and its limits, the manner in which a temporary work area is to be designated and defining "emergency vehicle" and "in proximity to" for the purpose of this Section.

(a) the driver of a vehicle shall yield the right of way to a pedestrian lawfully within a crosswalk or stopped facing a crosswalk; or

(b) where the traffic on a highway is divided into separate roadways by a median, the driver of a vehicle shall yield the right of way to a pedestrian lawfully within a crosswalk or stopped facing the crosswalk on the roadway on which the vehicle is travelling.

(2) Where a vehicle has stopped at a crosswalk to yield to a pedestrian pursuant to subsection (1), it is an offence for the driver of any other vehicle approaching from the rear to overtake and pass the stopped vehicle.

(3) A pedestrian shall not leave a curb or other place of safety and walk or run into the path of a vehicle that is so closely approaching that it is impractical for the driver of the vehicle to stop.

(4) Where a pedestrian is crossing a roadway at a crosswalk that has a pedestrian-activated beacon, the pedestrian shall not leave a curb or other place of safety unless the pedestrian-activated beacon has been activated.

(5) A pedestrian crossing a roadway at any point other than within a crosswalk shall yield the right of way to vehicles upon the roadway.

(6) This Section does not relieve a pedestrian or a driver of a vehicle from the duty to exercise due care.

(2) Upon a request being made under subsection (1), the person to whom the request was made shall forthwith surrender the person's driver's license to the peace officer and, whether or not the person is unable or fails to surrender the person's driver's license to the peace officer, the person's driver's license is revoked and the person's driving privilege is suspended for a period of seven days from the time the request is made.

(3) The suspension of a driver's license or the suspension of a driving privilege pursuant to this Section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.

(4) Where a driver's license is suspended or a driving privilege is suspended pursuant to this Section, the peace officer who requested the surrender of the driver's license shall

(a) keep a written record of the suspension with the name and address of the person and the date and time of the suspension; and

(b) provide the person with a written statement of the time at which the suspension takes effect, the length of the period during which the person's driver's license or driving privilege is suspended, the place where the driver's license may be recovered upon the termination of the suspension and acknowledging receipt of the driver's license that is surrendered.

(a) detain the motor vehicle until it is impounded under Section 273A; and

(b) request that the person surrender the person's driver's license.

(2) Upon a request being made under clause (1)(b), the person to whom the request was made shall forthwith surrender the person's license to the peace officer and, whether or not the person is unable or fails to surrender the person's driver's license to the peace officer, the person's driver's license is revoked and the person's driving privilege is suspended for a period of seven days from the time the request is made.

(3) The suspension of a driver's license or the suspension of a driving privilege pursuant to this Section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.

(4) Where a driver's license is suspended or a driving privilege is suspended pursuant to this Section, the peace officer who requested the surrender of the driver's license shall

(a) keep a written record of the suspension with the name and address of the person and the date and time of the suspension; and

(b) provide the person with a written statement of the time at which the suspension takes effect, the length of the period during which the person's driver's license or driving privilege is suspended, the place where the driver's license may be recovered upon the termination of the suspension and acknowledging receipt of the driver's license that is surrendered.

163B (1) The Governor in Council may make regulations

(a) defining "race", "contest" and "stunt" for the purpose of Section 163;

(b) exempting any class of persons or vehicles from Section 163;

(c) respecting any records or reports required by Section 163A.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

(2) Subsection (1) does not apply to the offer, sale or provision of towing or repair services or any other commodity or service in an emergency.

(3) Subsection (1) does not apply to fund-raising activities that are

(a) permitted by a by-law of the municipality in which the activities are conducted; and

(b) approved by the traffic authority responsible for the roadway on which the activities are conducted.

(2) For a period of thirty months immediately following the coming into force of this subsection, Her Majesty in right of the Province, a regional municipality, town or municipality of a county or district or a peace officer acting on behalf of Her Majesty or a regional municipality, town or municipality of a county or district, as determined by the Minister, may use an image-capturing enforcement system for enforcing subsection (1) of Section 102, subsection (1) of Section 103, subsection (1) of Section 104 or Section 106A or 106B at sites within the Province designated by the Minister , identified by signs warning operators of motor vehicles approaching the site of that use and at which the maximum speed permitted by or pursuant to this Act is seventy kilometres per hour or less.

(3) The Minister shall cause an evaluation of the use of an image-capturing enforcement system pursuant to subsection (2) to be carried out during the last six months of the period referred to in that subsection.

(4) The Governor in Council may make regulations

(a) respecting image-capturing enforcement systems and their use, including

(b) prescribing, for the purpose of Section 265A, information to be displayed on or appended to a reproduction on paper of an image obtained through the use of an image-capturing enforcement system or any specified image-capturing enforcement system relating to an alleged offence under a provision referred to in Section 202A;

(c) prescribing a time for the purpose of clause (b) of subsection (3) of Section 265A.

(5) The exercise by the Governor in Council of the authority contained in subsection (4) is regulations within the meaning of the Regulations Act.

(2) Subsection (1) does not apply if the owner satisfies the court that, at the time that the vehicle was involved in the offence,

(a) the owner was not driving the motor vehicle; and

(b) no other person was driving the motor vehicle with the owner's expressed or implied consent.

(3) A person who is guilty of an offence pursuant to this Section is not liable to imprisonment in respect of that offence or to imprisonment in respect of a default of payment of a fine imposed in respect of that offence, and the point system table in subsection 282(2) does not apply to that offence.

(a) shows a vehicle and the number plate displayed on it; and

(b) displays, or has appended to it, the information prescribed by the regulations in relation to the provision.

(2) In the absence of evidence to the contrary, a reproduction as described in subsection (1) is proof of the number plate displayed on the vehicle and of the information displayed on the reproduction or appended to it.

(3) In any prosecution under a provision referred to in Section 202A and based on evidence obtained through the use of an image-capturing enforcement system, a certificate

(a) stating the result of the test of the image-capturing enforcement system identified in the certificate;

(b) stating that the test was conducted at a specified time that is within the time prescribed in the regulations before or after the date of the offence charged; and

(c) purporting to be signed by a tester who is appointed by the Minister to test image-capturing enforcement systems of the type identified in the certificate,

is, in the absence of evidence to the contrary, admissible in evidence as proof of the facts stated in the certificate without proof of the signature or appointment as tester of the person signing the certificate.

(2) Any person who violates any of the provisions of subsection (1) of Section 103 or clause (b) 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 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, acquiring and using the systems, Her Majesty or the municipality, respectively, shall use the surplus revenue for road-safety purposes.