BILL 52
An Act to Amend the Provincial Offences Procedure Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 14 of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended
(a)  by repealing subsection (1) and substituting the following:
14(1) A defendant who does not wish to dispute the charge set out in the ticket may, no later than the time stated in the ticket for payment, pay a fixed penalty
(a)  at the address specified in the ticket,
(b)  at any address or office of Service New Brunswick,
(c)  electronically on the Internet site maintained by Service New Brunswick, or
(d)  by telephone, by calling Service New Brunswick TeleServices.
(b)  in subsection (2)
(i) in paragraph (a) by striking out “and” at the end of the paragraph;
(ii) in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma followed by “and”;
(iii) by adding after paragraph (b) the following:
(c)  Service New Brunswick may accept payment of a fixed penalty later than the time stated in the ticket for payment if
(i) the payment is personally delivered to an office of Service New Brunswick, and
(ii) the notice of prosecution has not been filed with the judge.
(c)  by repealing subsection (3);
(d)  by repealing subsection (5) and substituting the following:
14(5) The amount of the fixed penalty payable shall be the sum of
(a)  the minimum fine set for the offence charged,
(b)  any other additional fine or money penalty required to be imposed under an Act,
(c)  the surcharge under the Victims Services Act, if any is payable, and
(d)  the administrative fee prescribed by regulation.
2 Subsection 15(1) of the Act is amended by striking out “to the place stated in the ticket for payment of the fixed penalty” and substituting “to the address specified in the ticket for payment of the fixed penalty or to any address or office of Service New Brunswick”.
3 Section 46 of the Act is amended
(a)  in subsection (1)
(i) in paragraph (c) by striking out “and” at the end of the paragraph;
(ii) by adding after paragraph (c) the following:
(c.1)  if the proceedings were commenced by the filing of a notice of prosecution and a fine is imposed, add the administrative fee referred to in subsection (1.1) to the combined total of the fine and the surcharge, if any, payable under the Victims Services Act, and
(b)  by adding after subsection (1) the following:
46(1.1) Where a defendant is convicted of an offence and a fine is imposed, an administrative fee prescribed by regulation is payable if the proceedings were commenced by the filing of a notice of prosecution.
(c)  in subsection (3) by striking out “Paragraph (1)(c) does not apply” and substituting “Paragraphs (1)(c) and (c.1) and subsection (1.1) do not apply”;
(d)  by repealing subsection (4).
4 Section 47 of the Act is amended
(a)  in subsection (2) by striking out “combined total of the fine and any surcharge imposed under the Victims Services Act” and substituting “combined total of the fine, any surcharge imposed under the Victims Services Act and any administrative fee payable under subsection 46(1.1)”;
(b)  by repealing subsection (3) and substituting the following:
47(3) The record of disposition shall state
(a)  the amount of any surcharge imposed under the Victims Services Act whether that amount was
(i) included in the fixed penalty under paragraph 14(5)(c), or
(ii) calculated by the judge under paragraph 46(1)(c), and
(b)  the amount of the administrative fee, if any, payable under this Act whether the amount was
(i) included in the fixed penalty under paragraph 14(5)(d), or
(ii) added by the judge under paragraph 46(1)(c.1).
5 Section 80.1 of the Act is amended by striking out “the sum that represents the combined total of a fine imposed under this Act and a surcharge, if any is payable, under the Victims Services Act” and substituting “the sum that represents the combined total of a fine imposed under this Act, a surcharge, if any is payable, under the Victims Services Act and an administrative fee, if any is payable, under subsection 46(1.1)”.
6 Section 115 of the Act is repealed and the following is substituted:
Administrative fees, fines and fixed penalties
115(1) All administrative fees payable under subsection 46(1.1) that are received under this Act and all fines received under this Act shall be forwarded to the Minister of Finance.
115(2) Subject to subsections (3), (4) and (5), all fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(3) Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by the municipality or rural community, the municipality or rural community shall retain the fixed penalty.
115(4) Where payment of a fixed penalty is accepted under this Act by Service New Brunswick, Service New Brunswick shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and shall
(a)  in the case of a fixed penalty recovered for the breach of a by-law of a municipality or rural community, forward the remainder of the fixed penalty to the municipality or rural community, and
(b)  in any other case, forward the remainder of the fixed penalty to the Minister of Finance.
115(5) Where payment of a fixed penalty recovered for the breach of a by-law of a municipality or rural community is accepted under this Act by a person other than Service New Brunswick or the municipality or rural community,
(a)  the fixed penalty shall be forwarded to the Minister of Finance, who shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) and pay the remainder of the fixed penalty to the municipality or rural community, or
(b)  the portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) shall be forwarded to the Minister of Finance and the remainder of the fixed penalty shall be forwarded to the municipality or rural community directly.
7 Subsection 146(1) of the Act is amended by adding after paragraph (e) the following:
(e.1)  prescribing an administrative fee for the purposes of paragraph 14(5)(d) or subsection 46(1.1);
CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT
Amendments to the Motor Vehicle Act
8(1) Paragraph 265(2.01)(b) of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by striking out “the fixed penalty paid or accepted under section 14 of that Act” and substituting “the fixed penalty paid or accepted under section 14 of that Act, excluding any administrative fee referred to in paragraph 14(5)(d) of that Act that is required to be retained by Service New Brunswick under section 115 of that Act”.
8(2) Section 347.1 of the Act is amended
(a)  in subsection (1) by striking out “Where a person is convicted” and substituting “Subject to subsection (1.1), where a person is convicted”;
(b)  by adding after subsection (1) the following:
347.1(1.1) Where an administrative fee is payable under subsection 46(1.1) of the Provincial Offences Procedure Act, the administrative fee shall be added to the amount payable indicated in the notice referred to in subsection (1) and, for the purposes of this section, full payment of the fine shall not be considered to have been made if payment of the fine is not accompanied by payment of the administrative fee.
Amendments to the Service New Brunswick Act
9(1) Section 4 of the Service New Brunswick Act, chapter S-6.2 of the Acts of New Brunswick, 1989, is amended
(a)  in paragraph (g.6) by striking out “and” at the end of the paragraph;
(b)  by adding after paragraph (g.6) the following:
(g.7)  to accept payment of fixed penalties in accordance with the Provincial Offences Procedure Act; and
9(2) The Act is amended by adding after section 15.2 the following:
Administrative fee under Provincial Offences Procedure Act
15.3 Where the Corporation accepts payment of a fixed penalty under the Provincial Offences Procedure Act, it shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) of that Act.
9(3) Section 16 of the Act is amended by striking out “except money collected on behalf of the Province” and substituting “except money collected on behalf of the Province or a municipality”.
Amendment to the Society for the Prevention of Cruelty to Animals Act
10 Paragraph 30(4)(c) of the Society for the Prevention of Cruelty to Animals Act, chapter S-12 of the Revised Statutes, 1973, is amended by striking out “excluding any surcharge payable under the Victims Services Act” and substituting “excluding any surcharge payable under the Victims Services Act and any administrative fee referred to in paragraph 14(5)(d) of the Provincial Offences Procedure Act.
Commencement
11 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a)  The existing provision is as follows:
14(1) A defendant who does not wish to dispute the charge set out in the ticket may, no later than the time stated in the ticket for payment, pay a fixed penalty at the address specified in the ticket.
(b)  
i)  Consequential amendment.
ii)  Consequential amendment.
iii)  New provision.
(c)  The existing provision is as follows:
14(3) A person who accepts payment of a fixed penalty shall endorse the ticket and notice of prosecution accordingly but, if the ticket is not available for endorsement, that person shall issue a receipt.
(d)  The existing provision is as follows:
14(5) The amount of the fixed penalty payable shall be the sum of
(a)  the minimum fine set for the offence charged,
(b)  any other additional fine or money penalty required to be imposed under an Act, and
(c)  the surcharge under the Victims Services Act, if any is payable,
rounded down, where that sum would include cents as well as dollars, to the nearest complete dollar.
Section 2
Consequential amendment.
Section 3
(a)  
i)  Consequential amendment.
ii)  New provision.
(b)  New provision.
(c)  Consequential amendment.
(d)  The existing provision is as follows:
46(4) Where the combined total of the fine and any surcharge imposed under the Victims Services Act produces a sum that includes cents as well as dollars, the judge may round that total down to the nearest complete dollar.
Section 4
(a)  Consequential amendment.
(b)  Consequential amendment.
Section 5
Consequential amendment.
Section 6
The existing provision is as follows:
115(1) Subject to subsection (3), all fines and fixed penalties received under this Act shall be forwarded to the Minister of Finance.
115(2) The Minister of Finance shall pay to a municipality all fines and fixed penalties recovered for breaches of by-laws of that municipality.
115(3) All fixed penalties which, if forwarded to the Minister of Finance under subsection (1) would be paid to a municipality under subsection (2), may be retained by a municipality or forwarded to it directly.
115(4) The Minister of Finance shall pay to a rural community all fines and fixed penalties recovered for breaches of by-laws of that rural community.
115(5) All fixed penalties which, if forwarded to the Minister of Finance under subsection (1) would be paid to a rural community under subsection (4), may be retained by a rural community or forwarded to it directly.
Section 7
New regulation-making authority.
Section 8
1)  Consequential amendment.
2)  
(a)  Consequential amendment.
(b)  New provision.
Section 9
1)  
(a)  Consequential amendment.
(b)  New provision.
2)  New provision.
3)  Consequential amendment.
Section 10
Consequential amendment.
Section 11
Commencement provision.
Chapter Outline Update
5
Strike out section 80.1 and substitute the following:
Surcharge payable under Victims Services Act and administrative fee80.1