Bill 31 - An Act to Amend the Motor Vehicle Act

BILL 31

An Act to Amend the Motor Vehicle Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a) by adding the following definition in alphabetical order:

“construction zone” means that part of a highway designated by the Minister of Transportation or any person authorized by the Minister of Transportation under subsection 142.01(2) or a local authority under subsection 142.01(4) as a construction zone; (zone de construction)

(b) in the definition “peace officer”

(i) in paragraph (c.1) in the portion preceding subparagraph (i) by adding “105.01,” after “105,”;

(ii) in paragraph (f.1) by striking out “sections 105 and 118, subsections 140(1) and (2)” and substituting “sections 105, 105.01 and 118, subsections 140(1) and (2), 140.1(1), 142.01(1)”;

(iii) in paragraph (h) by adding “105.01,” after “92,”;

2 Section 2.2 of the Act is amended by striking out “sections 140.1 and 141” and substituting “subsections 140.1(2) and (3), section 141, subsections 142.01(2) and (3)”.

3 Subsection 13(4) of the Act is amended by adding “or a peace officer acting under section 310.04” after “the department of Public Safety”.

4 Section 15 of the Act is amended

(a) in subsection (1.1) in the portion following paragraph (d) by adding “105.01,” after “105,”;

(b) in subsection (1.2) by striking out “sections 105 and 118, subsections 140(1) and (2),” and substituting “sections 105, 105.01 and 118, subsections 140(1) and (2), 140.1(1), 142.01(1)”.

5 Section 15.1 of the Act is amended by adding “105.01” after “92,”.

6 Section 75 of the Act is amended by adding after subsection (3) the following:

75(4) This section does not apply to a fee paid in respect of an oral hearing under section 310.05.

7 The Act is amended by adding after section 105 the following:

105.01(1) Notwithstanding paragraph 15(1)(d), a peace officer while on duty may request from the driver of a vehicle any documentation that the driver has in his or her possession that relates to the operation of the vehicle or any load being carried or towed by the vehicle.

105.01(2) A driver to whom a request has been made under subsection (1) shall forthwith present and deliver into the peace officer’s hands for inspection such documentation that he or she has in his or her possession and that has been requested by the peace officer.

8 Subsection 140(1) of the Act is repealed and the following is substituted:

140(1) Except as otherwise expressly provided in the Act and subject to subsections 140.1(1) and 142.01(1), no person shall drive a vehicle on a highway at a speed in excess of

(a) fifty kilometres per hour in an urban district,

(b) the speed limit prescribed in accordance with the provisions of section 141, or

9 Section 140.1 of the Act is repealed and the following is substituted:

140.1(1) No person shall drive a vehicle in a school zone during the hours of 7:30 a.m. to 4:00 p.m., on the days during which a public school or private school in the vicinity of that school zone is in session, at a speed in excess of

(a) fifty kilometres per hour in an urban district,

(b) the speed limit prescribed in accordance with the provisions of subsection (2) or subsection 142(2) , or

140.1(2) The Minister of Transportation may designate parts of highways that are in the vicinity of public or private schools to be designated as school zones and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and such rate of speed shall be in effect during the hours of 7:30 a.m. to 4:00 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.

140.1(3) The Minister of Transportation shall erect signs on those parts of highways that are designated as school zones to mark each school zone.

140.1(4) A part of a highway that has been designated as a school zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.

140.1(5) Any person who violates the provisions of subsection (1)

(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,

(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or

(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.

140.1(6) Where in a prosecution for an offence under paragraph (5)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (5)(a), the alleged violator may be convicted of an offence under paragraph (5)(a) notwithstanding that he was not charged with committing an offence thereunder.

140.1(7) Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (5)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.

10 Section 141 of the Act is amended by striking out “The Minister of Transportation” and substituting “Subject to subsection 140.1(2), the Minister of Transportation”.

11 Section 142 of the Act is repealed and the following is substituted:

142(1) Subject to subsection (5), a local authority may, by by-law, prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for any highway or part of a highway within its bounds or jurisdiction, other than for a school zone, and such rate of speed may be different for any period or periods of the day or night.

142(2) Subject to subsection (5), a local authority may, by by-law, designate parts of highways within its bounds or jurisdiction that are in the vicinity of public or private schools to be designated as school zones, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in paragraph 140.1(1)(a) for such highways and such rate of speed shall be in effect during the hours of 7:30 a.m. to 4:00 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.

142(3) A local authority shall erect signs on those parts of highways that are designated as school zones to mark each school zone.

142(4) A part of a highway that has been designated as a school zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.

142(5) A local authority shall not make a by-law that purports to prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) or 140.1(1)(a), as the case may be, for a provincial highway or part of a provincial highway and any such by-law has no force or effect in so far as it relates to the maximum speed for a provincial highway or part of a provincial highway.

12 The Act is amended by adding after section 142 the following:

142.01(1) No person shall drive a vehicle in a construction zone while a worker is present within the construction zone at a speed in excess of

(a) fifty kilometres per hour in an urban district,

(b) the speed limit prescribed in accordance with the provisions of section 141, or

142.01(2) The Minister of Transportation or any person authorized by the Minister of Transportation may designate any part of a highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.

142.01(3) The Minister of Transportation may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.

142.01(4) A local authority may designate any part of a highway under the local authority’s jurisdiction as a construction zone, and every construction zone shall be marked by signs in accordance with this section.

142.01(5) A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.

142.01(6) Any person who violates the provisions of subsection (1)

(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,

(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or

(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.

142.01(7) Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) notwithstanding that he was not charged with committing an offence thereunder.

142.01(8) Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.

13 Section 143 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “142” and substituting “142, 142.01”;

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “section 140” and substituting “sections 140, 140.1 and 142.01”.

14 Section 200.1 of the Act is repealed and the following is substituted:

200.1(1) In this section

“properly adjusted”, with reference to a seat belt assembly designed to be worn over the upper torso, means worn snugly across the top of the shoulder and diagonally across the chest with no limb, other object or other material coming between the assembly and the body other than clothing or a sling or other medical aid recommended by a medical practitioner; (réglée proprement)

“seat belt assembly” means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or an upper torso restraint or both of them. (ceinture de sécurité)

200.1(2) No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness.

200.1(3) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner.

200.1(4) Every person who is at least sixteen years old and who is a passenger in a motor vehicle being driven on a highway shall

(a) occupy a seating position for which a seat belt assembly is provided, and

(b) wear the complete seat belt assembly in a properly adjusted and securely fastened manner.

200.1(5) Subsections (3) and (4) do not apply to a person

(a) driving a motor vehicle in reverse,

(b) who holds a certificate signed by a medical practitioner certifying that the person

(i) for the period stated in the certificate is unable for medical reasons to wear a seat belt assembly, or

(ii) because of his physical characteristics is unable to wear a seat belt assembly, or

(c) who is actually engaged in work which requires him to alight from and re-enter a motor vehicle at frequent intervals and, while engaged in such work, does not drive or travel in that vehicle at a speed exceeding forty kilometres per hour.

200.1(6) No person shall drive on a highway a motor vehicle in which there is a passenger under the age of sixteen years unless

(a) that passenger occupies a seating position for which a seat belt assembly has been provided and is wearing the complete seat belt assembly in a properly adjusted and secure fashion, or

(b) that passenger occupies and is properly secured in a child seating and restraint system prescribed by regulation.

200.1(7) Subsection (6) does not apply in respect of a passenger if

(a) the passenger holds a certificate signed by a medical practitioner certifying that the passenger

(i) for the period stated in the certificate is unable for medical reasons to wear a seat belt assembly, or

(ii) because of his physical characteristics is unable to wear a seat belt assembly, or

(b) the passenger is actually engaged in work which requires him to alight from and re-enter a motor vehicle at frequent intervals and, while engaged in such work, does not drive or travel in that vehicle at a speed exceeding forty kilometres per hour.

200.1(8) A person who drives on a highway a motor vehicle in which one or more seat belt assemblies are required under the provisions of the Motor Vehicle Safety Act (Canada) shall not transport more passengers in the motor vehicle than there are effectively operating seat belts assemblies in the motor vehicle.

200.1(9) The Lieutenant-Governor in Council may make regulations

(a) requiring the use of child seating and restraint systems in motor vehicles on highways and prescribing the specifications thereof;

(b) providing for the exemption from any of the provisions of this section of

(i) any type or class of motor vehicles, and

(ii) any class of drivers or passengers in motor vehicles.

15 Subsection 297(2) of the Act is amended

(a) by adding after paragraph (g) the following:

(g.01) upon conviction of an offence under paragraph 140.1(5)(a), 3 points;

(g.02) upon conviction of an offence under paragraph 140.1(5)(b) or (c), 5 points;

(g.03) upon conviction of an offence under paragraph 142.01(6)(a), 3 points;

(g.04) upon conviction of an offence under paragraph 142.01(6)(b) or (c), 5 points;

(b) in paragraph (i.1) by striking out “1 point” and substituting “2 points”.

16 The Act is amended by adding after section 310 the following:

Field sobriety test

310.001(1) In this section, “field sobriety test” means a test or group of tests approved by regulation.

310.001(2) A peace officer may, on demand, at any time when a driver is stopped require the driver of a vehicle to go through a field sobriety test if the peace officer reasonably suspects that the driver has alcohol in his or her body.

310.001(3) The Lieutenant-Governor in Council may make regulations respecting field sobriety tests, including regulations

(a) approving a test or group of tests as a field sobriety test;

(b) respecting how a peace officer is to conduct a field sobriety test.

Police officer’s authority to stop

310.002(1) In this section “police officer” means

(a) a member of the Royal Canadian Mounted Police, or

(b) a police officer appointed under section 10, 11 or 17.3 of the Police Act.

310.002(2) A police officer may require the driver of a vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada).

17 Section 310.01 of the Act is amended by adding after subsection (4) the following:

310.01(4.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 310.04.

18 Section 310.02 of the Act is amended by adding after subsection (6) the following:

310.02(6.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 310.04.

19 Section 310.03 of the Act is amended in the portion preceding paragraph (a) by striking out “section 310.02” and substituting “section 310.02 or 310.04”.

20 The Act is amended by adding after section 310.03 the following:

Administrative licence suspension

310.04(1) In this section and section 310.05, “motor vehicle” includes a farm tractor.

310.04(2) A peace officer shall take action under subsection (3) if in relation to a person’s operation, or care or control, of a motor vehicle, the peace officer

(a) by reason of an analysis of the breath or blood of a person has reason to believe that the person has consumed alcohol in such a quantity that the concentration of it in his or her blood exceeds 80 milligrams of alcohol in 100 millilitres of blood, or

(b) has reason to believe that the person, while having alcohol in his or her body, failed or refused to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code (Canada).

310.04(3) In the circumstances described in subsection (2), the peace officer, on behalf of the Registrar, shall

(a) if the person holds a valid driver’s licence issued under this Act, other than a temporary licence issued under this subsection,

(i) take possession of the driver’s licence and, subject to subsection (4), issue a temporary licence that expires seven days after the date it is issued, or on the expiry date of the seized driver’s licence, whichever is earlier, and

(ii) suspend the driver’s licence and his driving privilege by serving notice on the person a notice of intention to suspend, and an order of suspension that is effective seven days after the date of the order;

(b) if the person holds a valid temporary licence issued under subparagraph (a)(i), take possession of the licence and immediately suspend it and his or her driving privilege by serving on the person an order of suspension;

(c) if the person holds a valid out-of-province driving licence, suspend the person’s driving privilege by serving on the person a notice of suspension, and an order of suspension that is effective seven days after the date of the order; and

(d) if the person does not hold a valid driver’s licence or out-of-province driving licence, suspend the person’s driving privilege, by serving on the person a notice of intention to suspend, and an order of suspension that is effective seven days after the date of the order.

310.04(4) Where the driver’s licence or the driving privilege of a person referred to in subsection (3) is suspended under subsection 310.01(4) or 310.02(6), a temporary licence issued under subsection (3) commences to be valid upon the expiry of the period of that suspension.

310.04(5) A temporary licence shall be deemed to be of the same class and subject to the same restrictions as the licence that has been suspended.

310.04(6) A peace officer who serves a notice and order under subsection (3) shall without delay forward to the Registrar

(a) the person’s driver’s licence, if one has been surrendered,

(b) a copy of the temporary licence, if one has been issued,

(d) a report sworn or solemnly affirmed by the peace officer, and

(e) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) with respect to the person described in subsection (3).

310.04(7) The notice of intention and order of suspension, temporary licence and report of the peace officer referred to in this section shall be in the form, contain the information and be completed in the manner required by the Registrar.

310.04(8) If a person who holds a licence does not surrender it, the person’s driver’s licence is nevertheless suspended.

310.04(9) Unless otherwise ordered in a review under section 310.05, a person’s driver’s licence and driving privilege is suspended under this section for three months from the effective date of the suspension.

310.04(10) Unless otherwise ordered in a review under section 310.05, the driving privilege of a person who does not hold a licence or who holds an out-of-province driving licence is suspended for three months from the effective date of the suspension.

Review of administrative licence suspension

310.05(1) A person may apply for review of an order of suspension under section 310.04 by

(a) filing an application for review with the Registrar,

(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,

(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.

310.05(2) The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.

310.05(3) The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.

310.05(4) An application does not stay any suspension given under section 310.04.

310.05(5) The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.

310.05(6) In a review under this section, the Registrar shall consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information,

(b) the report of the peace officer,

(c) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy, and

(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing.

310.05(7) The sole issue before the Registrar in a review under this section is whether it is established to his or her satisfaction that

(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of it in his or her blood exceeded 80 milligrams of alcohol in 100 millilitres of his or her blood, or

(b) the person failed or refused to comply with a demand made on him or her under section 254 of the Criminal Code (Canada) in respect of the operation or care or control of a motor vehicle.

310.05(8) The Registrar shall

(a) where no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and

(b) where an oral hearing is requested, hold the hearing within twenty days after compliance with subsection (1),

but the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.

310.05(9) Where the evidence before the Registrar supports an affirmative determination on the issue referred to in subsection (7), the Registrar shall sustain the order of suspension.

310.05(10) Where the evidence before the Registrar supports a negative determination on the issue referred to in subsection (7), the Registrar shall

(a) revoke the order of suspension,

(b) return any licence surrendered to the Registrar, and

310.05(11) Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.

310.05(12) The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown in the records maintained by the Registrar and to the address shown in the application, if that address is different from the address of record.

310.05(13) The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.

21 Section 310.1 of the Act is amended by striking out “300 or 302” and substituting “300, 302 or 310.04”.

22 Schedule A of the Act is amended

(a) by adding after

105...............

the following:

105.01(2)...............

(b) by adding after

140(2)...............

the following:

140.1(5)(a)...............	C
140.1(5)(b)...............	E
140.1(5)(c)...............	H
142.01(6)(a)...............	C
142.01(6)(b)...............	E
142.01(6)(c)...............	H

200.1(6)...............

the following:

200.1(8)...............

23 Section 4 of An Act to Amend the Motor Vehicle Act, chapter 24 of the Acts of New Brunswick, 2006, is repealed and the following is substituted:

4 Section 310.1 of the Act is repealed and the following is substituted:

310.1 Prior to the driving privileges of a person being reinstated under this Act where such driving privileges were suspended pursuant to subsection 298(4), or section 298.1, 300, 302 or 310.04, subsection 302.1(1) or 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5), that person shall pay a fee for the reinstatement.

24 Subsection 59(2) of the Support Enforcement Orders Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended by repealing subsection 310.1(1) as enacted by subsection 59(2) and substituting the following:

310.1(1) Prior to the driving privileges of a person being reinstated under this Act where the person’s driving privileges were suspended pursuant to subsection 298(4), or section 298.1, 300, 302, 309.3 or 310.04, subsection 302.1(1) or 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5), that person shall pay a fee for the reinstatement.

25 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a) New definition.

(b)

i) Consequential amendment.

ii) Consequential amendment.

iii) Consequential amendment.

Section 2

Consequential amendment.

Section 3

Consequential amendment.

Section 4

(a) Consequential amendment.

(b) Consequential amendment.

Section 5

Consequential amendment.

Section 6

New provision.

Section 7

New provisions.

Section 8

The existing provision is as follows:

140(1) Except as otherwise expressly provided in the Act no person shall drive a vehicle on a highway at a speed in excess of

(a) fifty kilometres per hour in an urban district,

(b) the speed limit prescribed in accordance with the provisions of section 140.1, 141 or 142, or

Section 9

The existing provision is as follows:

140.1 The Minister of Transportation may designate parts of highways that are in the vicinity of public or private schools to be designated as school zones and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in section 140 for such highways, and such rate of speed may be different for any period or periods of the day or night or during any months of the year.

Section 10

Consequential amendment.

Section 11

The existing provision is as follows:

142(1) Subject to subsection (2), a local authority may, by by-law, prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for any highway or part of a highway within its bounds or jurisdiction, and such rate of speed may be different for any period or periods of the day or night.

142(1.1) Subject to subsection (2), a local authority may, by by-law, designate parts of highways within its bounds or jurisdiction that are in the vicinity of public or private schools to be designated as school zones, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for such highways and such rate of speed may be different for any period or periods of the day or night or during any months of the year.

142(2) A local authority shall not make a by-law under subsection (1) or (1.1) that purports to prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for a provincial highway or part of a provincial highway and any such by-law has no force or effect in so far as it relates to the maximum speed for a provincial highway or part of a provincial highway.

Section 12

New provisions.

Section 13

Consequential amendment.

Section 14

The existing provision is as follows:

200.1(1) In this section

“properly adjusted” with reference to a seat belt assembly designed to be worn over the upper torso means worn snugly across the top of the shoulder and diagonally across the chest with no limb, other object or other material coming between the assembly and the body other than clothing or a sling or other medical aid recommended by a medical practitioner;

200.1(2) No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the provisions of the Motor Vehicle Safety Act (Canada), at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness.

200.1(3) Subject to subsection (5), every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner.

200.1(4) Subject to subsection (5), every person, other than a person under the age of sixteen, who is a passenger in a motor vehicle being driven on a highway and who occupies a seating position for which a seat belt assembly is provided shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner.

200.1(5) Subsections (3) and (4) do not apply to a person

(a) driving a motor vehicle in reverse;

(b) who holds a certificate signed by a medical practitioner certifying that the person

(i) for the period stated in the certificate is unable for medical reasons to wear a seat belt assembly, or

(ii) because of his physical characteristics is unable to wear a seat belt assembly; or

200.1(6) Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger who is under sixteen years of age and occupies a seating position for which a seat belt assembly is provided unless that passenger

(a) is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner, or

(b) is occupying and is properly secured in a child seating and restraint system prescribed by regulation,

as the case may be.

200.1(7) Subsection (6) does not apply where the passenger

(a) is the holder of a certificate signed by a medical practitioner certifying that the passenger

(i) for the period stated in the certificate is unable for medical reasons to wear a seat belt assembly, or

(ii) because of his physical characteristics is unable to wear a seat belt assembly; or

(b) is actually engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and, while the passenger is engaged in such work, the motor vehicle does not travel at a speed exceeding forty kilometres per hour.

200.1(8) The Lieutenant-Governor in Council may make regulations

(a) requiring the use of child seating and restraint systems in motor vehicles on highways and prescribing the specifications thereof;

(b) providing for the exemption from any of the provisions of this section of

(i) any type or class of motor vehicles, and

(ii) any class of drivers or passengers in motor vehicles.

Section 15

(a) New provisions.

(b) The existing test is as follows:

297(2) The Registrar shall assess against each driver and each non-resident driver for each conviction or each order a number of points as follows ...

(i.1) upon conviction of an offence under subsection 200.1(3), 1 point;

Section 16

New provisions.

Section 17

New provision.

Section 18

New provision.

Section 19

Consequential amendment.

Section 20

New provisions.

Section 21

Consequential amendment.

Section 22

(a) Consequential amendment.

(b) Consequential amendment.

Section 23

Consequential amendment.

Section 24

Consequential amendment.

Section 25

Commencement provision.