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Brunswick, 1990, is repealed and the following is substituted: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A of the Act is repealed and the following is substituted: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1977, is repealed and the following is substituted: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of New Brunswick, 1981, is repealed.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);
(c) by repealing subsection
(3) and substituting the following:
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.
(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(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);
(c) by repealing subsection
(2).
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.
(c) by repealing subsection
(2);
(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 |
|
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 |
|
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 |
|
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)”;
(c) in subsection (3) by
striking out “summary”.
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);
(c) by repealing subsection
(3);
(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 |
|
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 |
|
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
(c) knowingly makes a false statement
in a certificate signed, registered or filed by the person under this
Act,
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 |
|
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);
(c) by repealing subsection
(4.1);
(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);
(c) by repealing subsection (6).
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 ...
(c) otherwise in accordance with the Summary Convictions Act,
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.
8)
(a) Consequential amendment.
(b) Consequential amendment.
9)
(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.
(c) The existing provision is
as follows:
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:
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,
(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:
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,
(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 7
1)
(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.
6)
(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.
(c) The existing provision is
as follows:
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.
4)
(a)
i) Consequential amendment.
ii) Consequential amendment.
iii) Consequential amendment.
(b) New provisions.
(c) The existing provision is
as follows:
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.
3)
(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.
(c) 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.
2)
(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.
(c) 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.
6)
(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.
(c) The existing provision is
as follows:
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,
(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.
(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
1)
(a) Consequential amendment.
(b) Consequential amendment.
2) New regulation-making authority.
3)
(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:
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) to a term of imprisonment not exceeding
six months,
or to both.
Section 23
1)
(a) Consequential amendment.
(b) Consequential amendment.
(c) 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
1)
(a) Consequential amendment.
(b) Consequential amendment.
(c) Consequential amendment.
(d) Consequential amendment.
2)
(a) Consequential amendment.
(b) Consequential amendment.
(c) Consequential amendment.
3) New provisions.
4)
(a) Consequential amendment.
(b) Consequential amendment.
5) A schedule is added.
Section 27
Commencement provision.