BILL NO. 250

(as passed, with amendments)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

An Act to Further Discourage
Criminal Offences Involving
the Use of a Motor Vehicle

CHAPTER 38 OF THE ACTS OF 2005

The Honourable Michael G. Baker, Q.C.
Minister of Justice

First Reading: October 19, 2005 (LINK TO BILL AS INTRODUCED)

Second Reading: October 25, 2005

Third Reading: November 3, 2005 (WITH COMMITTEE AMENDMENTS)

Royal Assent: December 8, 2005

Be it enacted by the Governor and Assembly as follows:

1 Subsection 67(5) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by 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 30 of the Acts of 2002, Chapter 42 of the Acts of 2004 and Chapter 32 of the Acts of 2005, is further amended by adding immediately after clause (a) the following clauses :

(aa) six months, where the revocation was for a violation of section 334 of the Criminal Code (Canada) respecting theft of gasoline or diesel oil as defined in the Revenue Act;

(ab) six months in the case of a first revocation or two years in the case of a subsequent revocation where the revocation was for a violation of the Criminal Code (Canada) referred to in clause (da) of subsection (1) of Section 278;

(a) adding "or theft of gasoline or diesel oil as defined in the Revenue Act" immediately after "vehicle" in the first line of clause (c); and

(b) adding immediately after clause (d) the following clause:

(da) any offence against the Criminal Code (Canada) where the person used a motor vehicle in the commission of an offence, other than an offence referred to in this subsection, except where the Criminal Code (Canada) provides for the revocation of a driver's license upon conviction;

(2) Section 278 is further amended by adding immediately after subsection (1) the following subsection:

(1A) For greater certainty and for the purpose of clause (da) of subsection (1), a person uses a motor vehicle in the commission of an offence when the person uses a motor vehicle to drive to or from the scene of a crime or to commit a crime.

3 Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by adding immediately after Section 79 the following Section:

79A (1) An employer shall not, directly or indirectly, withhold, deduct or require payment of all or part of the employee's wages for the purpose of paying for a loss that occurs while the employee is working unless allowed by statute, court order or written authorization.

(2) An employee's written authorization is not lawful if the deduction is for a loss that is the result of a customer leaving the employer's business without paying for the purchase of goods or services unless the employer can verify that the loss is the fault of the employee.

(3) An employee's written authorization is not lawful if the deduction is for a loss that brings the employee's wages below the minimum wage.

(4) The Governor in Council may make regulations concerning deductions from pay.

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

5 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.