BILL 67

An Act to Amend the Provincial Offences Procedure Act

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

1 Paragraph 44(4)(a) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by striking out “peace officer” and substituting “peace officer or sheriff”.

2 Subsection 71(2) of the Act is amended

(a)  in paragraph (a) by striking out “peace officer” and substituting “peace officer or sheriff”;

(b)  in paragraph (c) by striking out “peace officer” and substituting “peace officer or sheriff”.

3 Section 81 of the Act is repealed and the following is substituted:

Time for payment of fine

81 Subject to section 84, a fine imposed on a defendant shall be paid to the office of the court

(a)  if the amount of the fine is less than $1,200, within 90 days after its imposition, or

(b)  if the amount of the fine is $1,200 or more, within 180 days after its imposition.

4 Section 82 of the Act is amended by striking out “the time for payment of a fine or”.

5 Section 86 of the Act is amended by striking out “or under”.

6 Paragraph 91(2)(a) of the Act is amended by striking out “peace officer” and substituting “peace officer or sheriff”.

7 Section 117 of the Act is amended

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

117(1.1) If a judge convicts a defendant, in the defendant’s absence, of an offence charged in a ticket, the judge may set aside the conviction if the notice of prosecution was filed with the judge after payment of the fixed penalty set out in the ticket.

117(1.2) For greater certainty, subsection (1.1) does not apply to a conviction under subsection 14(8) resulting from the payment of a fixed penalty.

(b)  in subsection (2) by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”;

(c)  in subsection (3) by striking out “this section” and substituting “subsection (1)”.

CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Amendments to the Motor Vehicle Act

8 Section 347.1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a)  in subsection (1) by striking out “within forty-five days after the date of the notice” and substituting “within 90 days after the date of the notice, if the amount of the fine is less than $1,200, or within 180 days after the date of the notice, if the amount of the fine is $1,200 or more”;

(b)  in subsection (3) by striking out “within forty-five days after the date of that notice” and substituting “within the period indicated in that notice”.

Commencement

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

Chapter Outline Update

4

Strike out the entry for section 82 and substitute the following:

Inquiries by the judge82