Bill 39 - An Act Respecting the Penalties for Provincial Offences

BILL 39

An Act Respecting the Penalties for Provincial Offences

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

Ambulance Services Act

1(1) Section 26 of the Ambulance Services Act, chapter A-7.3 of the Acts of New Brunswick, 1990, is repealed and the following is substituted:

Offences and penalties

26(1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

26(2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

1(2) Schedule A of the Act is repealed and the following is substituted:

SCHEDULE A

Column I		Column II

Section		Category of Offence
	11(4)...............		E
	11(5)...............		E
	11(6)...............		F
	12(5)...............		E
	14(6)...............		E
	21...............		E
	22...............		C
	23...............		F
	24...............		F

Aquaculture Act

2 Subsection 22(8) of the Aquaculture Act, chapter A-9.2 of the Acts of New Brunswick, 1988, is amended

(a) in paragraph (b) by striking out “Summary Convictions Act” and substituting “Provincial Offences Procedure Act”;

(b) in paragraph (c) by striking out “Summary Convictions Act” and substituting “Provincial Offences Procedure Act”.

Archives Act

3 Subsection 10.9(4) of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:

10.9(4) Any person who breaches an undertaking commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

Business Corporations Act

4(1) Subsection 20(3) of the Business Corporations Act, chapter B-9.1 of the Acts of New Brunswick, 1981, is repealed.

4(2) Section 50 of the Act is amended by adding after subsection (2) the following:

50(3) A corporation that violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

4(3) Section 102 of the Act is amended by adding after subsection (2) the following:

102(3) A corporation that violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

4(4) Subsection 103(2) of the Act is repealed.

4(5) Subsection 109(4) of the Act is repealed.

4(6) Section 133 of the Act is amended by adding after subsection (7) the following:

133(7.1) A corporation that violates or fails to comply with subsection (7) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

4(7) Subsection 151(2) of the Act is repealed.

4(8) Section 175 of the Act is amended

(a) in subsection (1) by striking out the portion following paragraph (b) and substituting the following:

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

(b) in subsection (2) by striking out “and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both and in default of payment of a fine is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act” and substituting “punishable under Part II of the Provincial Offences Procedure Act as a category F offence”.

4(9) Section 176 of the Act is amended

(a) in subsection (1) by striking out “or the regulations” wherever it appears;

(b) by repealing subsection (2);

176(3) If an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

4(10) Section 196 of the Act is amended by adding after subsection (1) the following:

196(1.1) An extra-provincial corporation that violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

196(1.2) If an extra-provincial corporation commits an offence under subsection (1.1), whether or not the extra-provincial corporation has been prosecuted or convicted, any director or officer of the extra-provincial corporation who knowingly authorizes, permits or acquiesces in such violation or failure to comply commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

4(11) Section 214 of the Act is repealed.

4(12) Section 214.1 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

214.1(1) A person who knowingly makes or assists in making a report, return, notice or other document required by this Part or the regulations to be sent to the Director which

(a) contains an untrue statement of a material fact, or

(b) omits to state a material fact required therein or necessary to make a statement contained therein not misleading in the light of the circumstances in which it was made,

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

4(13) Section 214.2 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2) and substituting the following:

214.2(2) If an offence under this Part continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Clean Environment Act

5 Subsection 33(1) of the Clean Environment Act, chapter C-6 of the Revised Statues, 1973, is amended

(a) in the portion preceding paragraph (a) by striking out “summary”;

(b) in paragraph (a) by striking out “, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act”.

Clean Water Act

6 Subsection 25(1) of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended

(a) in the portion preceding paragraph (a) by striking out “summary”;

(b) in paragraph (a) by striking out “, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act”.

Collection Agencies Act

7(1) Section 2 of the Collection Agencies Act, chapter C-8 of the Revised Statutes, 1973, is amended

(a) by renumbering the section as subsection 2(1);

(b) by adding after subsection (1) the following:

2(2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

7(2) Section 4 of the Act is amended by striking out “is guilty of an offence and liable to a fine of not less than fifty dollars and not more than two hundred dollars” and substituting “commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence”.

7(3) Section 5 of the Act is amended by striking out “is guilty of an offence and liable to a fine of not less than ten dollars nor more than one hundred dollars” and substituting “commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence”.

7(4) Section 5.1 of the Act is amended by striking out “and is liable on summary conviction to a fine of not less than fifty dollars and not more than two hundred dollars” and substituting “punishable under Part II of the Provincial Offences Procedure Act as a category B offence”.

7(5) Section 6 of the Act is amended by adding after subsection (4) the following:

6(5) A person who violates or fails to comply with subsection (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

Companies Act

8(1) Subsection 42.1(2) of the Companies Act, chapter C-13 of the Revised Statutes, 1973, is repealed.

8(2) Section 86.1 of the Act is amended by striking out “86.10” and substituting “86.9”.

8(3) Section 86.10 of the Act is repealed.

8(4) Section 86.11 of the Act is amended by striking out “86.10” and substituting “86.9”.

8(5) Subsection 126(2) of the Act is repealed.

8(6) Section 150 of the Act is amended

(a) in subsection (1) by striking out “, and any subscriber who fails to make an application within such time is guilty of an offence and liable to a penalty of fifty dollars, to be recovered under the Summary Convictions Act on information laid by an officer or agent of the company”;

(b) by repealing subsection (1.1);

8(7) Section 183 of the Act is repealed.

Co-operative Associations Act

9(1) Subsection 4(4) of the Co-operative Associations Act, chapter C-22.1 of the Acts of New Brunswick, 1978, is repealed and the following is substituted:

Failure to comply with request of Inspector, offence

4(4) A person who fails to produce upon request of the Inspector any book or document or fails to answer any question relating to the affairs or business of the association commits an offence.

9(2) Subsection 38(12) of the Act is repealed and the following is substituted:

38(12) Every auditor who wilfully fails to report on the accounts of an association as required by subsection (9) commits an offence.

9(3) Subsection 56(2) of the Act is amended by striking out “The declaration shall state” and substituting “The liquidator shall state in the declaration made under subsection (1)”.

9(4) Section 60 of the Act is amended

(a) in subsection (1)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

60(1) An association commits an offence if the association

(ii) by repealing paragraph (a) and substituting the following:

(a) fails to give notice or send any return or document which the association is required by this Act to give or send;

(iii) by repealing paragraph (b) and substituting the following:

(b) wilfully neglects or refuses to do any act, or to furnish any information, required for the purposes of this Act by the Inspector or other person authorized under this Act;

(b) by adding after subsection (1) the following:

60(1.1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

60(1.2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

(d) by repealing subsection (3) and substituting the following:

60(3) Every director or officer of an association who, having knowledge of the facts, moves, seconds, puts or supports by his or her vote any motion, resolution or proposal which if carried out would constitute an offence under this Act commits an offence.

(e) by adding after subsection (3) the following:

60(3.1) Where an offence under this Act continues for more than one week,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of weeks during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of weeks during which the offence continues.

(f) by repealing subsection (4);

(g) by repealing subsection (5).

9(5) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II
Column I		Column II
Section		Category of Offence
	4(4)...............		E
	10(2)...............		E
	20...............		E
	21...............		C
	34(2)(a)...............		F
	34(3)...............		F
	38(8)...............		F
	38(11)...............		F
	38(12)...............		E
	40(1)...............		E
	41(1)...............		C
	41(2)...............		C
	49...............		E
	51(2)...............		C
	51(5)...............		F
	51(6)...............		F
	51(8)...............		C
	56(1)...............		C
	56(2)...............		C
	56(3)...............		C
	60(1)(a)...............		C
	60(1)(b)...............		F
	60(1)(c)...............		F
	60(1)(d)...............		F
	60(3)...............		E

Cost of Credit Disclosure Act

10(1) Section 25 of the Cost of Credit Disclosure Act, chapter C-28 of the Revised Statutes, 1973, is repealed and the following is substituted:

Offences and penalties

25(1) A person who violates or fails to comply with any order or direction given under this Act or the regulations commits an offence.

25(2) A person who violates or fails to comply with a provision of the regulations commits an offence.

25(3) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

25(4) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

10(2) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II
Column I		Column II
Section		Category of Offence
	5(1)...............		E
	5(2)...............		B
	12(3)...............		B
	12(4)...............		B
	14(2)...............		C
	15(1)...............		E
	15(3)(a)...............		E
	15(3)(b)...............		B
	18(1)...............		E
	18(2)...............		C
	20(1)...............		C
	20(2)...............		C
	25(1)...............		E
	25(2)...............		B

Entry Warrants Act

11 Paragraph 4(3)(b) of the Entry Warrants Act, chapter E-9.2 of the Acts of New Brunswick, 1986, is repealed and the following is substituted:

(b) if such Act does not provide a procedure for dealing with it, in accordance with the Provincial Offences Procedure Act, as though the thing seized had been seized under a search warrant issued under that Act.

Film and Video Act

12 Subsection 12(2) of the Film and Video Act, chapter F-10.1 of the Acts of New Brunswick, 1988, is repealed.

Health Act

13 Section 32 of the Health Act, chapter H-2 of the Revised Statutes, 1973, is repealed.

Insurance Act

14(1) Subsection 20.2(3) of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is repealed.

14(2) Section 21 of the Act is amended by adding after subsection (2) the following:

21(2.1) If an offence under subsection (2) continues for more than one month,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues.

14(3) Section 28 of the Act is amended

(a) in subsection (1) of the English version by striking out “there shall be submitted” and substituting “the insurer shall submit”;

(b) in subsection (2) by striking out “no payment on account of such expenses shall be made out of the money paid in by shareholders” and substituting “no payment on account of such expenses shall be made by the insurer out of the money paid in by shareholders”.

14(4) Subsection 42(6) of the Act is repealed and the following is substituted:

42(6) Where the deposit is, by virtue of reciprocal legislation in another province, held for the benefit of policy holders resident in such province, the insurer shall also give the notice to the Superintendent of Insurance or Minister in charge of the Department of Insurance in that province and shall publish the notice in the official gazette of that province.

14(5) Section 73 of the Act is repealed and the following is substituted:

Books of insurers

73 Where the insurer has a share or stock capital, the insurer shall ensure that the stock register or register of members shall at all reasonable times be open to the examination of the Minister or Superintendent.

14(6) Subsection 74(5) of the Act is repealed.

14(7) Subsection 75(3) of the Act is amended by striking out “subsections 74(2), (3) and (5)” and substituting “subsections 74(2) and (3)”.

14(8) Section 77 of the Act is amended by striking out “shall be mailed or delivered to the Superintendent” and substituting “shall be mailed or delivered by the insurer to the Superintendent”.

14(9) Subsection 85(2) of the Act is repealed and the following is substituted:

85(2) The insurer shall ensure that every policy of insurance issued through an underwriter’s agency is in a form approved by the Superintendent, bears upon its face the name and address of the insurer in a prominent and conspicuous manner and does not bear upon its face the name of the underwriter’s agency.

14(10) Subsection 87(1) of the Act is amended by striking out “shall be given to the Superintendent” and substituting “shall be given to the Superintendent by the insurer”.

14(11) Section 93 of the Act is repealed and the following is substituted:

Penalties

93(1) A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

93(2) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 95(b.41) commits an offence of the category prescribed by regulation.

93(3) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

93(4) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

93(5) Notwithstanding subsection 56(2), (3), (5), (6) or (8) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under this Act or the regulations is five hundred dollars.

93(6) If an offence respecting the failure to make any return required by this Act to be made within a limited time continues for more than one month,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues.

93(7) Where an insurer violates any prohibition or fails to comply with the requirements of or commits an offence under this Act or the regulations, the Lieutenant-Governor in Council may, upon the report of the Superintendent, suspend or cancel the licence of the insurer.

93(8) In any prosecution under this Act, where it appears that the defendant has done any act or omitted to do any act and that act or omission is one in respect of which the defendant would be liable to some penalty under this Act or the regulations unless the defendant has been duly licensed, it is incumbent upon the defendant to prove that the defendant is duly licensed.

14(12) Section 95 of the Act is amended by adding after paragraph (b.4) the following:

(b.41) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

14(13) Subsection 103(2) of the Act is repealed and the following is substituted:

103(2) An insurer who neglects or refuses to comply with subsection (1), in addition to being liable to prosecution, cannot rely on the provisions of section 111 as a defence to an action brought, after the neglect or refusal, for the recovery of money payable under the contract of insurance.

14(14) Subsection 113(4) of the Act is repealed.

14(15) Subsection 115(6) of the Act is repealed.

14(16) Subsection 121.3(5.1) of the Act is repealed.

14(17) Section 121.6 of the Act is amended by striking out “made after the commencement of this section shall be filed with the Superintendent” and substituting “made after the commencement of this section shall be filed with the Superintendent by the Facility Association”.

14(18) Subsection 121.8(9) of the Act is amended by striking out “shall be sent immediately to the Superintendent” and substituting “shall be sent immediately by the Facility Association to the Superintendent”.

14(19) Subsection 127(1) of the Act is amended by striking out “Province and shall be printed on every policy” and substituting “Province, and the insurer shall ensure that they are printed on every policy”.

14(20) Section 194 of the Act is amended by striking out “shall be printed on or attached to the policy forming part of such contract” and substituting “the insurer shall ensure that they are printed on or attached to the policy forming part of such contract”.

14(21) Subsection 228(1) of the Act is repealed and the following is substituted:

228(1) An insurer shall ensure that a copy of the written application, signed by the insured or his or her agent, or, if no signed application is made, a copy of the purported application, or a copy of such part of the application or purported application as is material to the contract, is embodied in, endorsed upon or attached to the policy when issued by the insurer.

14(22) Paragraph 230(1)(a) of the Act is amended by striking out “contract and shall be printed in every policy” and substituting “contract, and the insurer shall ensure that they are printed in every policy”.

14(23) Section 267.7 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2) and substituting the following:

267.7(2) Where an insurer is convicted of an offence under subsection 267.2(1.1) or subsection 267.3(1), or the regulations, the Minister may suspend or cancel the licence of the insurer.

14(24) Section 336 of the Act is amended

(a) in subsection (1) by striking out “There shall at all times be maintained” and substituting “The persons constituting the exchange shall at all times maintain”;

(b) in subsection (2) by striking out “there shall also be maintained as a guarantee fund or surplus” and substituting “the persons constituting the exchange shall also maintain as a guarantee fund or surplus”;

(c) in subsection (6) by striking out “shall be deposited and held for the benefit of subscribers” and substituting “shall be deposited and held by the attorney for the benefit of subscribers”.

14(25) Subsection 339(2) of the Act is amended by striking out “shall incur a penalty of not less than fifty dollars nor more than five hundred dollars” and substituting “commits an offence”.

14(26) Subsection 355(2) of the Act is amended by striking out “, which books shall be open to inspection by” and substituting “and shall make those books available for inspection by”.

14(27) Subsection 359(4) of the Act is repealed and the following is substituted:

359(4) If a partnership licensed under this section commits an offence under this Act or the regulations, any member of the partnership may be charged with, convicted of and sentenced for that offence.

14(28) Subsection 360(7) of the Act is repealed and the following is substituted:

360(7) Every officer specified in the licence who commits an offence under this Act or the regulations is personally liable therefor, although the act or omission constituting the offence is committed in the name and on behalf of the corporation, and the corporation is liable for any such offence the responsibility for which cannot be placed upon any such officer.

14(29) Section 364 of the Act is amended

(a) in subsection (3) by striking out the portion preceding paragraph (a) and substituting the following:

364(3) No agent or broker shall draw money from a trust account except

(b) by repealing subsection (7).

14(30) Subsection 368(7) of the Act is repealed.

14(31) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II
Column I		Column II
Section		Category of Offence
	13...............		C
	14...............		C
	15...............		C
	16(3)...............		C
	17(2)...............		C
	17.1...............		C
	18(7)...............		E
	19.7(1)...............		C
	20.1(3)...............		C
	20.2(1)...............		C
	20.2(2)...............		C
	21(2)...............		E
	21(3)...............		E
	21(5)...............		E
	27(2)...............		C
	28(1)...............		C
	28(2)...............		E
	33(4)...............		E
	42(2)...............		E
	42(3)...............		C
	42(6)...............		C
	66(1)(d)...............		E
	66(2)...............		C
	72...............		C
	73...............		C
	74(1)...............		C
	74(3)...............		C
	74(4)...............		C
	75(1)...............		C
	76...............		C
	77...............		C
	79(1)...............		C
	79(4)...............		E
	80...............		H
	81...............		F
	82(5)...............		E
	83...............		E
	85(1)...............		E
	85(2)...............		C
	85(6)...............		C
	87(1)...............		E
	87(3)...............		E
	99...............		C
	100(1)...............		E
	103(1)...............		C
	113(2)...............		F
	113(3)...............		F
	115(1)...............		E
	116(1)...............		E
	116(2)...............		C
	117(3)...............		E
	118...............		H
	121(2)...............		C
	121.3(5)...............		E
	121.4...............		C
	121.6...............		C
	121.8(1)...............		C
	121.8(2)...............		C
	121.8(3)...............		C
	121.8(4)...............		C
	121.8(9)...............		C
	121.9(1)...............		E
	127(1)...............		C
	135(1)...............		C
	135(4)...............		C
	136(2)...............		C
	137...............		C
	138...............		C
	182(3)...............		C
	189...............		C
	190(2)...............		C
	191...............		C
	192(1)...............		C
	193...............		C
	194...............		C
	215(3)...............		C
	221...............		E
	226(1)...............		C
	226(8)...............		C
	227...............		E
	228(1)...............		C
	228(2)...............		C
	228(3)...............		C
	228(5)...............		C
	229.1...............		E
	230.1(1)...............		E
	242.8(3)...............		E
	242.9(4)...............		E
	258(2)...............		E
	267.2(1.1)...............		C
	267.3(1)...............		E
	282(1)...............		C
	284(1)...............		C
	284(2)...............		E
	290(1)...............		C
	290(2)...............		C
	291(3)...............		E
	293(4)...............		F
	300...............		C
	306(2)...............		E
	307...............		E
	326(1)...............		E
	326(4)...............		E
	326.2(4)...............		C
	326.4...............		E
	326.5...............		F
	335...............		C
	336(1)...............		E
	336(2)...............		E
	336(5)...............		E
	336(6)...............		E
	338...............		E
	339(2)...............		E
	351...............		E
	352(7)...............		C
	355(2)...............		C
	355(3)...............		C
	355(4)...............		E
	357...............		E
	359(2)...............		C
	359(3)...............		C
	360(4)...............		C
	360(6)...............		C
	362...............		E
	364(1)...............		H
	364(2)...............		H
	364(3)...............		H
	364(4)...............		H
	364(5)...............		H
	364.1...............		C
	365...............		C
	368(1)...............		E
	368(2)...............		E
	368(4)...............		E
	368(5)...............		E
	369(1)...............		F

Interprovincial Subpoena Act

15 Section 4 of the Interprovincial Subpoena Act, chapter I-13.1 of the Acts of New Brunswick, 1979, is amended by striking out “is subject to a fine not exceeding two hundred and fifty dollars” and substituting “is subject to a fine not exceeding the maximum fine set by the Provincial Offences Procedure Act for a category F offence”.

Labour Market Research Act

16 Subsection 4(2) of the Labour Market Research Act, chapter L-0.1 of the Acts of New Brunswick, 1990, is repealed and the following is substituted:

4(2) Any person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

Limited Partnership Act

17(1) Section 29 of the Limited Partnership Act, chapter L-9.1 of the Acts of New Brunswick, 1984, is amended by adding after subsection (1) the following:

Declaration of extra-provincial limited partnership

29(1.1) An extra-provincial limited partnership that violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

17(2) Section 38 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

38(1) A person who makes a statement in any document, material, evidence or information submitted or required by or for the purposes of this Act that, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact or that omits to state any material fact, the omission of which makes the statement false or misleading, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

(b) in subsection (2) by striking out “paragraph (1)(b)” and substituting “subsection (1)”;

Loan and Trust Companies Act

18(1) Subsection 53(3) of the English version of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended by striking out “a a prospectus” and substituting “a prospectus”.

18(2) Subsection 78(6) of the Act is amended in the portion following paragraph (d) by striking out “shall be submitted to the Minister” and substituting “shall be submitted by the company to the Minister”.

18(3) Section 93 of the Act is amended by striking out “shall be entered in its share register” and substituting “shall be entered by the provincial company in its share register”.

18(4) Subsection 120(2) of the Act is amended by striking out “shall be sent to each shareholder and to the Superintendent” and substituting “shall be sent by the provincial company to each shareholder and to the Superintendent”.

18(5) Subsection 172(2) of the Act is repealed and the following is substituted:

172(2) A person who, without reasonable cause, violates subsection (1) commits an offence.

18(6) Section 255 of the Act is amended

(a) in subsection (1)

(i) by repealing paragraph (a);

(ii) in paragraph (b) by striking out “any provision of Part X or”;

(iii) by repealing paragraph (c);

(iv) by repealing paragraph (d);

(b) by repealing subsection (2);

(d) by repealing subsection (4);

(e) by repealing subsection (5).

18(7) Section 258 of the Act is repealed and the following is substituted:

Offences generally

258(1) A person who violates or fails to comply with a provision of the regulations commits an offence.

258(2) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule B commits an offence.

258(3) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule B is punishable as an offence of the category listed beside it in Column II of Schedule B.

258(4) Notwithstanding any other provision of this Act, a person for whom a voluntary compliance program has been approved by the Minister who complies fully with that program shall not be prosecuted for or convicted of an offence in respect of the breach of this Act that the program was intended to remedy.

258(5) A person does not commit an offence under paragraph 179(1)(a) or (b), subsection 179(2), subsection 182(1) or (2), subsection 184(1), (2), (5) or (6) or paragraph 255(1)(b) if the person was not a party to the offence and reported the failure to comply with the provision as set out in section 187 or 188.

18(8) Section 259 of the Act is repealed.

18(9) Section 261 of the Act is repealed and the following is substituted:

Continuing offence

261 If an offence under this Act or the regulations continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

18(10) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE B

Column I		Column II
Column I		Column II
Section		Category of Offence
	17(5)...............		C
	22(2)...............		F
	24(1)...............		C
	32...............		E
	33(1)...............		F
	34(4)...............		F
	35(1)...............		E
	37(5)...............		C
	37(6)...............		E
	38(3)...............		C
	38(4)...............		E
	38(6)...............		E
	39...............		E
	40(1)...............		E
	40(2)...............		E
	40(3)...............		E
	40(4)...............		E
	41(3)...............		E
	42(2)...............		E
	45(1)...............		E
	45(3)...............		E
	46(1)...............		E
	46(2)...............		E
	46(4)...............		E
	47(1)...............		E
	48(2)...............		E
	48(4)...............		E
	52(2)...............		E
	52(3)...............		E
	52(4)...............		E
	53(1)...............		E
	56(1)...............		C
	56(4)...............		C
	57(1)...............		C
	57(2)...............		C
	59(3)...............		C
	60...............		C
	61(1)...............		C
	62...............		C
	63(a)...............		C
	63(b)...............		C
	64(1)...............		C
	64(2)...............		C
	65...............		C
	66...............		C
	67...............		C
	73(4)...............		C
	76(a)...............		E
	76(b)...............		E
	77(1)...............		E
	77(4)...............		E
	78(2)...............		E
	78(6)...............		C
	89...............		C
	93...............		C
	96...............		E
	103(3)...............		B
	120(1)...............		B
	120(2)...............		B
	137(6)...............		C
	137(7)...............		C
	141(7)...............		C
	141(8)...............		C
	142(6)...............		C
	142(7)...............		C
	142(9)...............		C
	143(2)...............		C
	143(3)...............		C
	144(3)...............		C
	144(4)...............		C
	144(5)...............		C
	144(6)...............		C
	145(3)...............		C
	146(1)...............		E
	156(1)(a)...............		E
	157(2)...............		E
	159...............		C
	163(4)...............		E
	163(6)...............		E
	163(7)...............		E
	164(3)...............		C
	166(1)(a)...............		E
	169(6)...............		E
	169(10)...............		C
	172(2)...............		E
	179(1)(a)...............		F
	179(1)(b)...............		F
	179(2)...............		F
	182(1)...............		F
	182(2)...............		F
	184(1)...............		F
	184(2)...............		F
	184(5)...............		F
	184(6)...............		F
	187...............		C
	188(1)...............		C
	188(2)...............		F
	192(4)...............		E
	193(2)...............		C
	193(3)...............		C
	193(4)...............		C
	194...............		C
	195...............		E
	196(1)...............		E
	196(2)...............		E
	196(3)...............		E
	196(5)...............		E
	197...............		C
	198...............		C
	199...............		C
	200...............		C
	201...............		C
	203(1)...............		C
	204(1)...............		C
	204(3)...............		C
	205...............		C
	206...............		C
	207(1)...............		C
	208(1)...............		C
	209(1)(a)...............		C
	209(1)(b)...............		C
	209(3)...............		C
	210(1)...............		E
	210(2)...............		E
	210(3)...............		E
	210(4)...............		E
	210(5)...............		E
	210(6)...............		E
	219(1)...............		E
	219(2)...............		E
	223(2)...............		E
	223(4)...............		E
	227(2)...............		C
	240(5)...............		E
	255(1)(b)...............		E
	255(1)(e)...............		E
	255(1)(f)...............		E
	255(1)(g)...............		E
	255(1)(h)...............		E
	255(1)(i)...............		E
	255(1)(j)...............		E
	255(1)(k)...............		F
	258(1)...............		B

Mining Act

19(1) Section 19 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended

(a) by repealing subsection (3);

(b) in subsection (4) by striking out “subsection (3)” and substituting “subsection (2)”.

19(2) Subsection 115(1) of the Act is amended by adding after paragraph (r) the following:

(r.1) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

19(3) Section 116 of the Act is amended

(a) in subsection (1)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

116(1) No person shall do any of the following:

(ii) by repealing paragraph (d);

(b) by repealing subsection (2).

19(4) Subsection 117(2) of the Act is repealed and the following is substituted:

117(2) A person’s liability to prosecution for a violation of subsection (1) is in addition to any civil liability.

19(5) The Act is amended by adding after section 117 the following:

Offences generally

117.1(1) A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

117.1(2) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 115(1)(r.1) commits an offence of the category prescribed by regulation.

117.1(3) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

117.1(4) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

19(6) Section 118 of the Act is repealed and the following is substituted:

Continuing offences

118 If an offence under this Act or the regulations continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

19(7) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II
Column I		Column II
Section		Category of Offence
	19(2)(a)...............		F
	19(2)(b)...............		F
	28...............		E
	34...............		C
	44...............		C
	56(9)...............		C
	58(1)...............		C
	62(2)...............		C
	63...............		C
	65...............		D
	67...............		E
	71(1)...............		C
	76(1)...............		C
	76(2)...............		E
	77(1)...............		E
	77(2)...............		H
	78(a)...............		E
	78(b)...............		E
	79...............		C
	80(1)...............		C
	80(2)...............		C
	81...............		C
	82...............		E
	87(1)...............		I
	99.89(1)...............		E
	108(4)...............		E
	108(5)...............		E
	109(3.3)...............		E
	109(3.4)...............		E
	109(4)...............		E
	109(6)...............		E
	110(1)...............		E
	110(2.2)...............		E
	110(4)...............		E
	110(5)...............		E
	111(2)...............		C
	112(2)...............		C
	116(1)(a)...............		C
	116(1)(b)...............		F
	116(1)(c)...............		E
	116(1)(e)...............		E
	117(1)...............		E

20 Section 14 of An Act to Amend the Mining Act, chapter 40 of the Acts of New Brunswick, 2007, is repealed.

Municipalities Act

21(1) Paragraph 100(1)(a) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out “is guilty of an offence and is liable on summary conviction to a fine” and substituting “commits an offence and is liable on conviction to a fine”.

21(2) Paragraph 192(1)(c) of the Act is repealed and the following is substituted:

(c) prescribing punishment on conviction for the violation of any regulation including fines not exceeding the maximum fine that may be imposed for commission of an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence;

Occupational Health and Safety Act

22 Subsection 47(1) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended

(a) in the portion preceding paragraph (a) by striking out “summary”;

(b) in paragraph (a) by striking out “fine of not more than fifty thousand dollars and in default of payment is liable to the procedures laid down in the Provincial Offences Procedure Act in the event of default of payment of a fine” and substituting “fine of not more than $250,000”.

Partnerships and Business Names
Registration Act

23(1) Section 15 of the Partnerships and Business Names Registration Act, chapter P-5 of the Revised Statutes, 1973, is amended

(a) by repealing subsection (1) and substituting the following:

15(1) Every person who

(a) fails to register any certificate in the manner and within the time prescribed by this Act,

(b) fails to comply with paragraph 9(2)(b), or

commits an offence.

(b) by repealing subsection (1.1);

(c) in subsection (2) by striking out “is guilty of an offence and liable on summary conviction to a fine of not less than one hundred dollars but not more than one thousand dollars, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act” and substituting “commits an offence”.

(d) by repealing subsection (3) and substituting the following:

15(3) Where an offence under subsection (2) continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

23(2) The Act is amended by adding after section 15 the following:

Offences and penalties

15.01(1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

15.01(2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

23(3) Section 15.1 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

15.1 Where a person is convicted of an offence under this Act, the registrar may, in addition to any other penalty imposed under this Act, cancel

23(4) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II

Section		Category of Offence
	8.5(4)...............		C
	8.82...............		C
	8.83(6)...............		C
	15(1)(a)...............		E
	15(1)(b)...............		C
	15(1)(c)...............		F
	15(2)...............		E

Pre-arranged Funeral Services Act

24(1) Subsection 4(8) of the Pre-arranged Funeral Services Act, chapter P-14 of the Revised Statutes, 1973, is amended by striking out “shall be dealt with” and substituting “shall be dealt with by the person”.

24(2) Section 5 of the Act is amended by striking out “be paid to a financial institution” and substituting “be paid by the licensed funeral provider to a financial institution”.

24(3) The Act is amended by adding after section 9.1 the following:

Person other than licensed funeral provider agreeing to prove funeral services

9.2 A person commits an offence if, not being a licensed funeral provider under this Act, the person agrees for remuneration, reward, or compensation

(a) to provide funeral services under a pre-arranged funeral plan, or

(b) to arrange the provision of funeral services under a pre-arranged funeral plan.

24(4) Section 10 of the Act is repealed and the following is substituted:

Offences and penalties

10(1) A person who violates or fails to comply with a provision of the regulations commits an offence.

10(2) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

10(3) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

24(5) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II
Column I		Column II
Section		Category of Offence
	2...............		E
	3.01(1)...............		E
	3.03(2)...............		C
	4(8)...............		E
	5...............		E
	5.01................		C
	5.1...............		E
	6(1)...............		F
	6(1.2)...............		F
	6(4)...............		F
	6.2(1)...............		C
	6.2(5)...............		C
	7(1)...............		C
	7(2)...............		C
	7.1(1)...............		C
	7.2(2)...............		C
	7.2(7)...............		C
	7.2(8)...............		E
	7.4...............		C
	9.2...............		E
	10(1)...............		B

An Act Respecting the
Penalties for Provincial Offences

25(1) Section 21 of An Act Respecting the Penalties for Provincial Offences, chapter 61 of the Acts of New Brunswick, 1990, is repealed.

25(2) Section 22 of the Act is repealed.

25(3) Section 81 of the Act is repealed.

25(4) Section 95 of the Act is repealed.

Trespass Act

26(1) Section 2 of the Trespass Act, chapter T-11.2 of the Acts of New Brunswick, 1983, is amended

(a) by repealing subsection (3);

(b) by repealing subsection (4);

(d) by repealing subsection (5).

26(2) Section 3 of the Act is amended

(a) by repealing subsection (4) and substituting the following:

3(4) No person shall tear down, remove, damage, deface or cover up a sign that has been posted by the owner or occupier of the land.

(b) by repealing subsection (5);

26(3) The Act is amended by adding after section 3 the following:

Offences, penalties and defences

3.1(1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

3.1(2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

3.1(3) It is a defence to a charge under subsection 2.1(1) or section 2.2 or subsection 3(1) or (4) that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of.

26(4) Section 6 of the Act is amended

(a) in subsection (1) by striking out “subsection 2.1(1) or section 2.2 or 3” and substituting “subsection 2.1(1), section 2.2 or subsection 3(1) or (4)”;

(b) in subsection (2) by striking out “subsection 2.1(1) or section 2.2 or 3” and substituting “subsection 2.1(1), section 2.2 or subsection 3(1) or (4)”.

26(5) The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

Column I		Column II

Section		Category of Offence
	2(1)(a)...............		C
	2(1)(b)...............		E
	2(1)(c)...............		F
	2.1(1)...............		F
	2.2...............		E
	3(1)...............		C
	3(4)...............		C

27 Sections 14 and 24 of this Act or any provision of them come into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

1) The existing provision is as follows:

26 A person who violates or fails to comply with a provision of this Act listed in Column I of Schedule A commits an offence and is liable on summary conviction to a fine not exceeding the amount stated beside it in Column II of Schedule A, and in default of payment of the fine is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

2) Consequential amendment.

Section 2

(a) The existing provision is as follows:

22(8) An inspector may ...

(b) during a search authorized under the Summary Convictions Act, or ...

seize any book, record, account, document, container or aquatic plant or animal that the inspector believes on reasonable grounds may afford evidence of the commission of an offence.

(b) The existing provision is as follows:

22(8) An inspector may ...

seize any book, record, account, document, container or aquatic plant or animal that the inspector believes on reasonable grounds may afford evidence of the commission of an offence.

Section 3

The existing provision is as follows:

10.9(4) Any person who breaches an undertaking commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars.

Section 4

1) Consequential amendment.

2) New provision.

3) New provision.

4) Consequential amendment.

5) Consequential amendment.

6) New provision.

7) Consequential amendment.

(a) Consequential amendment.

(b) Consequential amendment.

(a) Consequential amendment.

(b) The existing provision is as follows:

176(2) Every person who contravenes a provision of this Act or the regulations for which no punishment is provided commits an offence punishable on summary conviction.

176(3) Where an offence under this Act is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

10) New provisions.

11) The existing provision is as follows:

214(1) An extra-provincial corporation who fails to comply with this Part commits an offence and is liable on a summary conviction to a fine of not more than five thousand dollars and in default of payment is liable to levy by distress and sale in accordance with section 35 of the Summary Convictions Act.

214(2) Whether or not the extra-provincial corporation has been prosecuted or convicted, any director or officer of the extra-provincial corporation who knowingly authorizes, permits or acquiesces in such failure commits an offence and is liable on a summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both and in default of payment of a fine is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

12)

(a) Consequential amendment.

(b) Consequential amendment.

13)

(a) The existing provision is as follows:

214.2(1) Every person who contravenes a provision of this Part or the regulations made under the authority of this Act for which no punishment is provided commits an offence punishable on summary conviction.

(b) The existing provision is as follows:

214.2(2) Where an offence under this Part is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

Section 5

(a) The existing provision is as follows:

33(1) Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations or with a term or condition of an approval, registration, licence, permit, exemption or determination granted, issued or made under this Act or the regulations commits an offence and is liable, on summary conviction,

(b) The existing provision is as follows:

(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act, and

Section 6

(a) The existing provision is as follows:

25(1) Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations, with a term or condition of an approval, registration, licence or permit granted or issued under this Act or the regulations or with a prohibition, control, requirement, limitation, allocation, term, condition or standard relating to a designation made under this Act or the regulations commits an offence and is liable, on summary conviction,

(b) The existing provision is as follows:

Section 7

(a) Consequential amendment.

(b) New provision.

2) The existing provision is as follows:

4 A collection agency or collector that carries on business in New Brunswick, either by correspondence, or by serving written demands, or by making verbal demands upon alleged debtors, without the licence required by this Act, is guilty of an offence and liable to a fine of not less than fifty dollars and not more than two hundred dollars.

3) The existing provision is as follows:

5 A person who employs a collection agency that does not have the licence required by this Act, or causes or procures letters to be sent or oral demands to be made upon debtors or alleged debtors by a collection agency not having such licence, is guilty of an offence and liable to a fine of not less than ten dollars nor more than one hundred dollars.

4) The existing provision is as follows:

5.1 A collection agency or collector who violates or fails to comply with any provision of the regulations made under this Act commits an offence and is liable on summary conviction to a fine of not less than fifty dollars and not more than two hundred dollars.

5) New provision.

Section 8

1) The existing provision is as follows:

42.1(2) Any company that contravenes subsection (1) is liable on summary conviction to a fine of fifty dollars and each day of such contravention constitutes a separate offence.

2) Consequential amendment.

3) The existing provision is as follows:

86.10 A person who fails to comply with the provisions of sections 86.5, 86.6, 86.7 or 86.9 commits an offence and is liable on summary conviction to a fine of not less than one hundred dollars under the Summary Convictions Act and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

4) Consequential amendment.

5) The existing provision is as follows:

126(2) A company making default in complying with this section commits an offence and is liable on summary conviction to a fine.

(a) The existing provision is as follows:

150(1) Each subscriber to the subscription books for the organization of the company shall within three weeks from the date of the incorporation of the company, or within such further period as may be allowed by the Superintendent, apply to the company in accordance with its by-laws, for a contract of insurance in an amount not less than the amount subscribed for by him, and any subscriber who fails to make an application within such time is guilty of an offence and liable to a penalty of fifty dollars, to be recovered under the Summary Convictions Act on information laid by an officer or agent of the company.

(b) The existing provision is as follows:

150(1.1) Proceedings in respect of an offence under subsection (1) shall be commenced by an officer or agent of the company.

150(2) All penalties recovered under this section shall be paid to the company.

7) The existing provision is as follows:

183(1) A company that acts in contravention of any provision of this Part and every director, manager or officer thereof incurs a penalty of two hundred dollars.

183(2) A director, manager or officer who proves that he was not a party or privy to the act, and that when he became aware of it he forthwith gave notice thereof to the Director is not liable to the penalty imposed by this section.

Section 9

1) Consequential amendment.

2) Consequential amendment.

3) Consequential amendment.

(a)

i) Consequential amendment.

ii) Consequential amendment.

iii) Consequential amendment.

(b) New provisions.

60(2) Every person who, or association which, violates any provision of this Act shall be guilty of an offence against this Act.

(d) The existing provision is as follows:

60(3) Every director or officer of an association who, having knowledge of the facts, moves, seconds, puts or supports by his vote any motion, resolution or proposal which if carried out would constitute an offence against this Act shall be guilty of an offence against this Act and every act or default constituting an offence under this Act shall, if continued, constitute a new offence in every week during which it continues.

(e) New provision.

(f) The existing provision is as follows:

60(4) Every person, not being an association or other corporation, guilty of an offence against this Act for which no penalty has been specifically provided shall be liable on summary conviction to a fine of not more than twenty-five hundred dollars, and in default of payment thereof is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

(g) The existing provision is as follows:

60(5) Every association or other corporation guilty of an offence against this Act for which no penalty has been specifically provided shall be liable on summary conviction to a penalty of not more than five thousand dollars.

5) A schedule is added.

Section 10

1) The existing provision is as follows:

25(1) Every person who violates or fails to comply with any provision of this Act or the regulations, or any order or direction given under this Act or the regulations and every director of a corporation who knowingly concurs in a violation or failure to comply with any provision of this Act or the regulations, or any order or direction given under this Act or the regulations, is guilty of an offence and is liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for a term of not more than one year, or to both.

25(2) Where a corporation is convicted of an offence under subsection (1) it is liable to a fine of not more than twenty-five thousand dollars.

2) A schedule is added.

Section 11

The existing provision is as follows:

4(3) Anything seized under this section shall be dealt with ...

(b) if such Act does not provide a procedure for dealing with it, in accordance with sections 71 and 72 of the Summary Convictions Act, as though the thing seized had been seized under a search warrant issued pursuant to subsection 69(2) of that Act.

Section 12

The existing provision is as follows:

12(2) A person who violates a provision of the regulations commits an offence and is liable on summary conviction to a fine of not less than fifty dollars and not more than one hundred dollars and in default of payment to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

Section 13

The existing provision is as follows:

32(1) All penalties under this Act shall be enforced under the provisions of the Summary Convictions Act, and the fines recovered shall be paid to the Minister of Finance to be used for the purpose of carrying out the provisions of this Act.

32(2) A prosecution for the recovery of a penalty may be brought in the name of the Minister or of a medical health officer and notwithstanding anything contained in the Summary Convictions Act proceedings may be taken and had under this Act without the laying of any formal information.

Section 14

1) Consequential amendment.

2) New provision.

(a) Consequential amendment.

(b) Consequential amendment.

4) Consequential amendment.

5) Consequential amendment.

6) Consequential amendment.

7) Consequential amendment.

8) Consequential amendment.

9) Consequential amendment.

10) Consequential amendment.

11) The existing provision is as follows:

93(1) A person who fails to comply with or violates any provision of this Act or the regulations is guilty of an offence, whether otherwise so declared or not and, except where expressly provided, is liable to a fine of not less than five hundred dollars nor more than two thousand five hundred dollars.

93(2) Where an insurer violates any prohibition or fails to comply with the requirements of or is guilty of an offence under this Act, the Lieutenant-Governor in Council may, upon the report of the Superintendent, suspend or cancel the licence of the insurer.

93(3) In any prosecution under this Act, where it appears that the defendant or the accused has done any act or been guilty of any omission in respect of which he would be liable to some penalty under this Act or the regulations unless he has been duly licensed, it is incumbent upon the defendant or the accused to prove that he is duly licensed.

93(4) In case of default in making any return required by this Act to be made within a limited time, the insurer or the person required by this Act to make the return shall, in addition to the fine provided by subsection (1), incur a further penalty of one hundred dollars for every month or part thereof during which such insurer or person neglects to file the return.

93(5) Every insurer undertaking insurance or carrying on the business of insurance in the Province without holding a licence to do so shall incur a penalty of twenty dollars for each and every day during which the default continues.

12) New regulation-making authority.

13) Consequential amendment.

14) Consequential amendment.

15) Consequential amendment.

16) Consequential amendment.

17) Consequential amendment.

18) Consequential amendment.

19) Consequential amendment.

20) Consequential amendment.

21) Consequential amendment.

22) Consequential amendment.

23)

(a) Consequential amendment.

(b) Consequential amendment.

24)

(a) Consequential amendment.

(b) Consequential amendment.

25) Consequential amendment.

26) Consequential amendment.

27) Consequential amendment.

28) Consequential amendment.

29)

(a) Consequential amendment.

(b) Consequential amendment.

30) Consequential amendment.

31) A schedule is added.

Section 15

The existing provision is as follows:

4 Where a person who has been served with a subpoena adopted under section 2 and given the prescribed witness fee and travelling expenses not less than ten days, or such shorter period as the judge of the court in the issuing province may indicate in his certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, he is in contempt of The Court of Queen’s Bench of New Brunswick, and is subject to a fine not exceeding two hundred and fifty dollars, to imprisonment for not more than ninety days or to both a fine and imprisonment.

Section 16

The existing provision is as follows:

4(2) Any person who violates subsection (1) commits an offence and is liable on summary conviction to a fine of not less than one hundred dollars and not more than two thousand five hundred dollars and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

Section 17

1) New provision.

(a) The existing provision is as follows:

38(1) Every person who

(a) violates any provision of this Act or the regulations, or

(b) makes a statement in any document, material, evidence or information submitted or required by or for the purposes of this Act that, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact or that omits to state any material fact, the omission of which makes the statement false or misleading,

commits an offence and is liable on summary conviction to a fine, if the person is an individual, a natural person or a sole proprietorship, of not more than one thousand dollars, or, if the person is other than an individual, a natural person or a sole proprietorship, to a fine of not more than two thousand dollars, and in default of payment is liable, in the case of an individual, a natural person or a sole proprietorship, to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act or, in the case of a person other than an individual, a natural person or a sole proprietorship, to distress and sale in accordance with section 35 of the Summary Convictions Act.

(b) Consequential amendment.

Section 18

1) A correction is made in the English version.

2) Consequential amendment.

3) Consequential amendment.

4) Consequential amendment.

5) Consequential amendment.

(a)

i) Consequential amendment.

ii) Consequential amendment.

iii) Consequential amendment.

iv) Consequential amendment.

(b) The existing provision is as follows:

255(2) A person who commits an offence referred to in subsection (1) is liable on summary conviction

(a) for a first offence,

(i) in the case of an individual, to a fine of not less than one thousand dollars and not more than one hundred thousand dollars or to imprisonment for a term of not more than two years or to both, and

(ii) in the case of a body corporate, to a fine of not less than five thousand dollars and not more than one hundred thousand dollars,

(b) for each subsequent offence,

(i) in the case of an individual, to a fine of not less than two thousand dollars and not more than two hundred thousand dollars or to imprisonment for a term of not more than two years or to both, and

(ii) in the case of a body corporate, to a fine of not less than ten thousand dollars and not more than two hundred thousand dollars.

255(3) A person who caused, authorized, permitted, acquiesced in or participated in an offence referred to in subsection (1) commits an offence and is liable on summary conviction

(a) for a first offence,

(ii) in the case of a body corporate, to a fine of not less than five thousand dollars and not more than one hundred thousand dollars,

(b) for each subsequent offence,

(ii) in the case of a body corporate, to a fine of not less than ten thousand dollars and not more than two hundred thousand dollars.

(d) The existing provision is as follows:

255(4) Notwithstanding subsection (1), a person for whom a voluntary compliance program has been approved by the Minister who complies fully with that program shall not be prosecuted for or convicted of an offence in respect of the breach of this Act that the program was intended to remedy.

(e) The existing provision is as follows:

255(5) A person does not commit an offence under paragraph (1)(b) if the person was not a party to the offence and reported the failure to comply with Part X as set out in section 187 or 188.

7) The existing provision is as follows:

258 A person who violates a provision of this Act or the regulations that is not otherwise stated to be an offence commits an offence under this Act or the regulations.

8) The existing provision is as follows:

259 A person convicted of an offence under this Act or the regulations for which no punishment is provided elsewhere in this Act or the regulations is liable on summary conviction to a fine of not more than one thousand dollars.

9) The existing provision is as follows:

261 Where an offence under this Act or the regulations is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

10) A schedule is added.

Section 19

(a) Consequential amendment.

(b) Consequential amendment.

2) New regulation-making authority.

(a)

i) Consequential amendment.

ii) The existing provision is as follows:

116(1) No person shall ...

(d) violate or fail to comply with any provision of this Act or the regulations; or

(b) The existing provision is as follows:

116(2) A person who violates any provision of subsection (1) commits an offence and is liable on summary conviction

(a) in the case of a natural person, to a fine of not more than one thousand dollars and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act, and

(b) in the case of a corporation, to a fine of not more than ten thousand dollars and in default of payment to levy by distress and sale in accordance with section 35 of the Summary Convictions Act.

4) Consequential amendment.

5) New provisions.

6) The existing provision is as follows:

118 A person who violates any provision of section 116 or 117 commits a separate offence on each day he violates the provision.

7) A schedule is added.

Section 20

Consequential amendment.

Section 21

1) The existing provision is as follows:

100(1) Subject to this Act, a council may by by-law

(a) provide that a person who violates any provision of a by-law is guilty of an offence and is liable on summary conviction to a fine;

2) The existing provision is as follows:

192(1) The Lieutenant-Governor in Council may make regulations to give effect to this Act and, without restricting the generality of the foregoing, may make regulations ...

(c) prescribing punishment on conviction for the violation of any regulation including fines not exceeding two hundred dollars;

Section 22

(a) The existing provision is as follows:

47(1) Every person who violates or fails to comply with any provision of this Act or the regulations or fails to comply with an order made under this Act or the regulations, commits an offence and is liable on summary conviction

(b) The existing provision is as follows:

(b) to a term of imprisonment not exceeding six months,

or to both.

Section 23

(a) Consequential amendment.

(b) Consequential amendment.

(d) The existing provision is as follows:

15(3) Where an offence under subsection (2) is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

2) New provisions.

3) Consequential amendment.

4) A schedule is added.

Section 24

1) Consequential amendment.

2) Consequential amendment.

3) New provision.

4) The existing provision is as follows:

10(1) A person is guilty of an offence and liable on summary conviction to a fine of not more than one thousand dollars, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act,

(a) who, not being a licensee under this Act, agrees for remuneration, reward, or compensation

(i) to provide funeral services, or

(ii) to arrange the provision of funeral services,

under a pre-arranged funeral plan; or

(b) who being a licensee under this Act, contravenes any provision of this Act.

10(2) A person who contravenes a provision of this Act or the regulations for which no express penalty is provided is guilty of an offence and liable to a fine of not more than two hundred dollars, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.

5) A schedule is added.

Section 25

1) Consequential amendment.

2) Consequential amendment.

3) Consequential amendment.

4) Consequential amendment.

Section 26

(a) Consequential amendment.

(b) Consequential amendment.

(d) Consequential amendment.

(a) Consequential amendment.

(b) Consequential amendment.

3) New provisions.

(a) Consequential amendment.

(b) Consequential amendment.

5) A schedule is added.

Section 27

Commencement provision.