Bill 19 - An Act to Amend the Motor Vehicle Act

BILL 19

An Act to Amend the Motor Vehicle Act

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

PART 1

AMENDMENTS RELATED TO DRUG-IMPAIRED DRIVING

1 Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:

“approved drug screening equipment” means approved drug screening equipment as defined in section 254 of the Criminal Code (Canada); (matériel de détection des drogues approuvé)

“evaluating officer” means an evaluating officer as defined in section 254 of the Criminal Code (Canada); (agent évaluateur)

2 Section 84 of the Act is amended

(a) in subsection (4)

( i) in the portion preceding paragraph a) of the French version by striking out “marche” and substituting “mouvement”;

( ii) in paragraph (c.1) of the English version by striking out “and” at the end of the paragraph;

( iii) in paragraph (d) by striking out the period at the end of the paragraph and substituting “; and”;

( iv) by adding after paragraph (d) the following:

(e) the novice driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.

(b) in subsection (5)

( i) in the portion preceding paragraph a) of the French version by striking out “marche” and substituting “mouvement”;

( ii) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;

( iii) in paragraph (c) by striking out the period at the end of the paragraph and substituting “; and”;

( iv) by adding after paragraph (c) the following:

(d) the novice driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.

(c) in subsection (11) by striking out “paragraph (4)(d) or (5)(c)” and substituting “paragraph (4)(d) or (e) or (5)(c) or (d)”;

(d) in paragraph (12)(a) by striking out “paid the fee prescribed by regulation for, the drinking driver” and substituting “paid the fee set by the Registrar for, the impaired driver”;

(e) by repealing paragraph (12.01)(b) and substituting the following:

(b) the person has, subsequent to the revocation, successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and paid the fee set by the Registrar for the course.

3 Section 84.11 of the Act is amended

(a) in subsection (3)

( i) in the portion preceding paragraph a) of the French version by striking out “marche” and substituting “mouvement”;

( ii) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;

( iii) in paragraph (d) of the English version by striking out the period at the end of the paragraph and substituting “; and”;

( iv) by adding after paragraph (d) the following:

(e) the novice motorcycle driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.

(b) in subsection (8) by striking out “paragraph (3)(d)” and substituting “paragraph (3)(d) or (e)”;

( i) in paragraph (a) by striking out “drinking driver” and substituting “impaired driver”;

( ii) in paragraph (b) by striking out “prescribed by regulation” and substituting “set by the Registrar”.

4 Subsection 91(1.01) of the Act is repealed and the following is substituted:

91( 1.01) If the qualified applicant is under the age of 21 years, the Registrar shall, on issuing the licence, impose the restriction that a holder under the age of 21 years shall not operate or have care or control of a motor vehicle, whether in motion or not, if the holder has consumed

(a) alcohol in such a quantity that the concentration in his or her blood exceeds zero mg of alcohol in 100 ml of blood; and

(b) a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.

5 Subsection 297(2) of the Act is amended

(a) by repealing paragraph (d.2) and substituting the following:

(d.2) upon conviction of an offence under paragraph 84(4)(d) or (e) or (5)(c) or (d) or subsection 310.02(13), 10 points;

(b) by repealing paragraph (d.4) and substituting the following:

(d.4) upon conviction of an offence under paragraph 84.11(3)(d) or (e) or subsection 310.021(14), 10 points;

6 Subsection 301(2) of the Act is amended

(a) in paragraph (a)

( i) by repealing the portion preceding subparagraph (i) and substituting the following:

(a) with respect to a conviction entered against him or her for an offence under section 253 or 254 of the Criminal Code (Canada) relating to impairment by alcohol or by a combination of alcohol and a drug, until the resident

( ii) by repealing subparagraph (ii) and substituting the following:

( ii) has successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar,

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

(a.1) with respect to a conviction entered against him or her for an offence under section 253 or 254 of the Criminal Code (Canada) relating to impairment by a drug, until the resident has successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and

7 Section 301.01 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “drinking driver” and substituting “impaired driver”;

( ii) in paragraph (b) by striking out “drinking driver” and substituting “impaired driver”;

(b) in subsection (2) by striking out “drinking driver” and substituting “impaired driver”.

8 The Act is amended by adding after section 310.0001 the following:

Drugs prescribed

310.00011 The Lieutenant-Governor in Council may make regulations prescribing drugs for the purposes of paragraphs 84(4)(e), (5)(d), 84.11(3)(e) and 91(1.01)(b) and subsections 310.02(5.1) and 310.021(6.1).

Criteria for poor performance on an evaluation prescribed

310.00012 The Lieutenant-Governor in Council may make regulations prescribing the criteria to be met for a poor performance on an evaluation under section 254 of the Criminal Code (Canada) for the purposes of this Part.

9 Section 310.001 of the Act is amended

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

310.001( 1) In this section and in section 310.01, “standard field sobriety test” means a test or a group of tests approved by regulation.

(b) in subsection (2) by striking out “to go through a field sobriety test if the peace officer reasonably suspects that the driver has alcohol” and substituting “to undergo a standard field sobriety test if the peace officer reasonably suspects that the driver has alcohol or drugs or a combination of alcohol and drugs”;

( i) in the portion preceding paragraph (a) by striking out “field sobriety tests” and substituting “standard field sobriety tests”;

( ii) in paragraph (a) by striking out “field sobriety test” and substituting “standard field sobriety test”;

( iii) in paragraph (b) by striking out “field sobriety test.” and substituting “standard field sobriety test;”

( iv) by adding after paragraph (b) the following:

(c) prescribing criteria to be met for a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs.

10 Subsection 310.002(1) of the Act is amended in the portion preceding paragraph (a) by striking out “In this section” and substituting “In this section and in section 310.0021”.

11 The Act is amended by adding after section 310.002 the following:

Police officer’s authority to detain

310.0021 If a police officer makes a demand under section 254 of the Criminal Code (Canada), the police officer may, if necessary, require the driver to accompany the police officer for the purpose of providing a sample of a bodily substance for an analysis by approved drug screening equipment.

12 Section 310.01 of the Act is amended

(a) by adding after subsection (2) the following:

310.01( 2.1) Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person undergoes a standard field sobriety test for drugs or a combination of alcohol and drugs, and the peace officer reasonably believes that the person’s performance on the test meets the criteria prescribed by regulation for a poor performance, a peace officer may request the person to surrender the person’s licence.

(b) in subsection (4) in the portion preceding paragraph (a) by striking out “subsection (1), (2) or (3)” and substituting “subsection (1), (2), (2.1) or (3)”;

( i) in the portion preceding paragraph (a) by striking out “subsection (1), (2) or (3)” and substituting “subsection (1), (2), (2.1) or (3)”;

( ii) in paragraph (d)

( A) in subparagraph (ii) of the English version by striking out “and” at the end of the subparagraph;

( B) in subparagraph (iii) by striking out the period at the end of the subparagraph and substituting “; and”;

( C) by adding after subparagraph (iii) the following:

( iv) in the case of a revocation of a licence and the suspension of a driving privilege relating to a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs, information relating to how the performance of the person on the test met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.

(d) in subsection (21) by repealing the portion preceding paragraph (a) and substituting the following:

310.01( 21) In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of breath, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (14), the Registrar is satisfied that the person was the driver and that

(e) by adding after subsection (21) the following:

310.01( 21.1) In the case of the revocation and suspension of a person’s licence and driving privilege relating to a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (14), the Registrar is satisfied that the person was the driver and that

(a) the performance of the person on the standard field sobriety test met the criteria prescribed by regulation for a poor performance, and

(b) in the case of a 15-day revocation and suspension, the revocation and suspension was a second revocation and suspension of the applicant’s licence and driving privilege in the five years preceding the date of the revocation and suspension, or, in the case of a 30-day revocation and suspension, the revocation and suspension was a third or subsequent revocation and suspension of the applicant’s licence and driving privilege in the five years preceding the date of the revocation and suspension.

(f) in subsection (22) by repealing the portion preceding paragraph (a) and substituting the following:

310.01( 22) In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of breath, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (14), the Registrar is not satisfied that the person was the driver or is satisfied that

(g) by adding after subsection (22) the following:

310.01( 22.1) In the case of the revocation and suspension of a person’s licence and driving privilege relating to a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (14), the Registrar is not satisfied that the person was the driver or is satisfied that

(a) the performance of the person on the standard field sobriety test did not meet the criteria prescribed by regulation for a poor performance, or

(b) in the case of a 15-day revocation and suspension, the revocation and suspension of the applicant’s licence and driving privilege was not a second revocation and suspension in the five years preceding the date of the revocation and suspension, or, in the case of a 30-day revocation and suspension, the revocation and suspension of the applicant’s licence and driving privilege was not a third or subsequent revocation and suspension in the five years preceding the date of the revocation and suspension.

13 Section 310.02 of the Act is amended

(a) by adding after subsection (5) the following:

310.02( 5.1) A peace officer may request a novice driver to surrender the driver’s learner’s licence if, upon demand made by the peace officer under section 254 of the Criminal Code (Canada), the novice driver

(a) fails or refuses to provide a sample of a bodily substance,

(b) provides a sample of a bodily substance that, on analysis by approved drug screening equipment, produces a result indicating the presence of a drug that is prescribed by regulation,

(c) submits to an evaluation conducted by an evaluating officer and the peace officer reasonably believes that the person’s performance on the evaluation meets the criteria prescribed by regulation for a poor performance, or

(d) fails or refuses to submit to an evaluation conducted by an evaluating officer.

(b) in subsection (6) by striking out “subsection (4) or (5)” and substituting “subsection (4), (5) or (5.1)”;

(d) in paragraph (10)(d)

( i) in subparagraph (ii) of the English version by striking out “and” at the end of the subparagraph;

( ii) in subparagraph (iii) by striking out the period at the end of the subparagraph and substituting a semi-colon;

( iii) by adding after subparagraph (iii) the following:

( iv) in the case of a revocation of a licence and the suspension of a driving privilege relating to the analysis of a sample of a bodily substance, information relating to the approved drug screening equipment on the basis of which the written statement was provided; and

( v) in the case of a revocation of a licence and the suspension of a driving privilege relating to a poor performance on an evaluation,

( A) a copy of a certificate setting out the qualifications of the evaluating officer, and

( B) information relating to how the performance of the novice driver on the evaluation met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.

(e) by repealing subsection (11) and substituting the following:

310.02( 11) If a person’s licence is revoked and driving privilege is suspended under subsection (6), the peace officer shall detain the motor vehicle and the motor vehicle shall be impounded

(a) if the analysis of the breath of a driver is made that produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds zero mg of alcohol in 100 ml of blood but does not exceed 80 mg of alcohol in 100 ml of blood, for seven days from the time it was detained,

(b) if the analysis of the breath of a driver is made that produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds 80 mg of alcohol in 100 ml of blood,

( i) if the driver has had no convictions under section 253 or 254 of the Criminal Code (Canada) in the ten years preceding the date of the revocation and suspension, for 30 days from the time it was detained, and

( ii) if the driver has had one or more convictions under section 253 or 254 of the Criminal Code (Canada) in the ten years preceding the date of the revocation and suspension, for 60 days from the time it was detained,

(c) if the analysis of the sample of a bodily substance of a driver is made that produces a result indicating that he or she consumed a drug that is prescribed by regulation in such a quantity that its presence is detected, for seven days from the time it was detained, and

(d) if the driver’s performance on an evaluation conducted by an evaluating officer meets the criteria prescribed by regulation for a poor performance,

(f) by adding after subsection (14) the following:

310.02( 14.1) If an analysis of a sample of a bodily substance of a person has been made for the purposes of subsection (5.1) and it produces a result indicating the presence of a drug that is prescribed by regulation, the result shall be, in the absence of evidence to the contrary, proof that the person has breached a condition of a learner’s licence referred to in paragraph 84(4)(e) or (5)(d), as the case may be, if

(a) the person was the holder of the learner’s licence when the sample was provided, and

(b) the analysis was made by means of approved drug screening equipment.

(g) by repealing subsection (15) and substituting the following:

310.02( 15) Subsection (14) or (14.1) shall not be construed by any person, court, tribunal or other body to limit the generality of the nature of proof that a novice driver has breached a condition of a learner’s licence referred to in paragraph 84(4)(d) or (e) or (5)(c) or (d), as the case may be.

(h) in subsection (15.6) by repealing the portion preceding paragraph (a) and substituting the following:

310.02( 15.6) In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of breath, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (15.1), the Registrar is satisfied that the person was the driver and that

(i) by adding after subsection (15.6) the following:

310.02( 15.61) In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of a bodily substance, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (15.1), the Registrar is satisfied that the person was the driver and that

(a) the approved drug screening equipment produced a result indicating the presence of a drug that is prescribed by regulation,

(b) the results of the analysis are reliable, and

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(a), the person failed or refused to comply with a demand to provide a sample of a bodily substance under section 254 of the Criminal Code (Canada).

310.02( 15.62) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the person’s poor performance on an evaluation, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (15.1), the Registrar is satisfied that the person was the driver and that

(a) the evaluating officer had the required qualifications,

(b) the performance of the person on the evaluation met the criteria prescribed by regulation for a poor performance, and

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(d), the person failed or refused to comply with a demand to submit to an evaluation conducted by an evaluating officer under section 254 of the Criminal Code (Canada).

(j) in subsection (15.7) by repealing the portion preceding paragraph (a) and substituting the following:

310.02( 15.7) In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of breath, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (15.1), the Registrar is not satisfied that the person was the driver or is satisfied that

(k) by adding after subsection (15.7) the following:

310.02( 15.71) In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of a bodily substance, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (15.1), the Registrar is not satisfied that the person was the driver or is satisfied that

(a) the approved drug screening equipment did not produce a result indicating the presence of a drug that is prescribed by regulation,

(b) the results of the analysis are not reliable, or

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(a), the person did not fail or refuse to comply with a demand to provide a sample of a bodily substance under section 254 of the Criminal Code (Canada).

310.02( 15.72) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the person’s poor performance on an evaluation, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (15.1), the Registrar is not satisfied that the person was the driver or is satisfied that

(a) the evaluating officer did not have the required qualifications,

(b) the performance of the person on the evaluation did not meet the criteria prescribed by regulation for a poor performance, or

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(d), the person did not fail or refuse to comply with a demand to submit to an evaluation conducted by an evaluating officer under section 254 of the Criminal Code (Canada).

14 Section 310.021 of the Act is amended

(a) by adding after subsection (6) the following:

310.021( 6.1) A peace officer may request a novice motorcycle driver to surrender the driver’s motorcycle learner’s licence if, on demand made by the peace officer under section 254 of the Criminal Code (Canada), the novice motorcycle driver

(a) fails or refuses to provide a sample of a bodily substance,

(b) provides a sample of a bodily substance that, on analysis by approved drug screening equipment, produces a result indicating the presence of a drug that is prescribed by regulation,

(d) fails or refuses to submit to an evaluation conducted by an evaluating officer.

(b) in subsection (7) by striking out “subsection (5) or (6)” and substituting “subsection (5), (6) or (6.1)”;

(d) in subsection (11)(d)

( i) in subparagraph (ii) of the English version by striking out “and” at the end of the subparagraph;

( ii) in subparagraph (iii) by striking out the period at the end of the subparagraph and substituting a semi-colon;

( iii) by adding after subparagraph (iii) the following:

( iv) in the case of a revocation of a licence and the suspension of a driving privilege resulting from the analysis of a sample of a bodily substance, information relating to the approved drug screening equipment on the basis of which the written statement was provided; and

( v) in the case of a revocation of a licence and the suspension of a driving privilege relating to a poor performance on an evaluation,

( A) a copy of a certificate setting out the qualifications of the evaluating officer, and

( B) information relating to how the performance of the person on the evaluation met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.

(e) by repealing subsection (12) and substituting the following:

310.021( 12) If a person’s driver’s licence is revoked and his or her driving privilege is suspended under subsection (7), the peace officer shall detain the motorcycle and the motorcycle shall be impounded

(a) if the analysis of the breath of a driver is made that produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds zero mg of alcohol in 100 ml of blood, but does not exceed 80 mg of alcohol in 100 ml of blood, for seven days from the time it was detained,

(d) if the driver’s performance on an evaluation conducted by an evaluating officer meets the criteria prescribed by regulation for a poor performance,

(f) by adding after subsection (15) the following:

310.021( 15.1) If an analysis of a sample of a bodily substance of a person has been made for the purposes of subsection (6.1) and it produces a result indicating the presence of a drug that is prescribed by regulation, the result shall be, in the absence of evidence to the contrary, proof that the person has breached a condition of a motorcycle learner’s licence referred to in paragraph 84.11(3)(e) if

(a) when the sample was provided the person was the holder of the motorcycle learner’s licence issued under section 84.11, and

(b) the analysis was made by means of approved drug screening equipment.

(g) by repealing subsection (16) and substituting the following:

310.021( 16) Subsection (15) or (15.1) shall not be construed by any person, court, tribunal or other body to limit the generality of the nature of proof that a novice motorcycle driver has breached a condition of a motorcycle learner’s licence referred to in paragraph 84.11(3)(d) or (e).

(h) in subsection (16.6) by repealing the portion preceding paragraph (a) and substituting the following:

310.021( 16.6) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the analysis of a sample of breath, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (16.1), the Registrar is satisfied that the person was the driver and that

(i) by adding after subsection (16.6) the following:

310.021( 16.61) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the analysis of a sample of a bodily substance, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (16.1), the Registrar is satisfied that the person was the driver and that

(a) the approved drug screening equipment produced a result indicating the presence of a drug that is prescribed by regulation,

(b) the results of the analysis are reliable, and

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (6.1)(a), the person failed or refused to comply with a demand to provide a sample of a bodily substance under section 254 of the Criminal Code (Canada).

310.021( 16.62) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the person’s poor performance on an evaluation, the Registrar shall sustain the revocation and suspension if, after considering an application for review under subsection (16.1), the Registrar is satisfied that the person was the driver and that

(a) the evaluating officer had the required qualifications,

(b) the performance of the person on the evaluation met the criteria prescribed by regulation for a poor performance, and

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (6.1)(d), the person failed or refused to comply with a demand to submit to an evaluation conducted by an evaluating officer under section 254 of the Criminal Code (Canada).

(j) in subsection (16.7) by repealing the portion preceding paragraph (a) and substituting the following:

310.021( 16.7) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the analysis of a sample of breath, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (16.1), the Registrar is not satisfied that the person was the driver or is satisfied that

(k) by adding after subsection (16.7) the following:

310.021( 16.71) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the analysis of a sample of a bodily substance, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (16.1), the Registrar is not satisfied that the person was the driver or is satisfied that

(a) the approved drug screening equipment did not produce a result indicating the presence of a drug that is prescribed by regulation,

(b) the results of the analysis are not reliable, or

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (6.1)(a), the person did not fail or refuse to comply with a demand to provide a sample of a bodily substance under section 254 of the Criminal Code (Canada).

310.021( 16.72) In the case of the revocation and suspension of a person’s licence and driving privilege resulting from the person’s poor performance on an evaluation, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (16.1), the Registrar is not satisfied that the person was the driver or is satisfied that

(a) the evaluating officer did not have the required qualifications,

(b) the performance of the person on the evaluation did not meet the criteria prescribed by regulation for a poor performance, or

(c) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (6.1)(d), the person did not fail or refuse to comply with a demand to submit to an evaluation conducted by an evaluating officer under section 254 of the Criminal Code (Canada).

15 Section 310.03 of the Act is amended in the portion preceding paragraph (a) by striking out “paragraph 84(4)(d) or (5)(c)” and substituting “paragraph 84(4)(d) or (e) or (5)(c) or (d)”.

16 Section 310.031 of the Act is amended in the portion preceding paragraph (a) by striking out “paragraph 84.11(3)(d)” and substituting “paragraph 84.11(3)(d) or (e)”.

17 Section 310.04 of the Act is amended

(a) by adding after subsection (2) the following:

310.04( 2.1) A peace officer shall take action under subsection (3) if in relation to a person’s operation, or care or control of a motor vehicle,

(a) upon demand made under section 254 of the Criminal Code (Canada), the person submits to an evaluation conducted by an evaluating officer, and the peace officer reasonably believes that the person’s performance on the evaluation meets the criteria prescribed by regulation for a poor performance, or

(b) the peace office has reason to believe that the person, while having a drug in his or her body, failed or refused to comply with a demand to supply a sample of a bodily substance or to submit to an evaluation under section 254 of the Criminal Code (Canada).

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “subsection (2)” and substituting “subsection (2) or (2.1)”;

310.04( 7.1) If a person’s driver’s licence and driving privilege are suspended under subsection (3), the peace officer shall detain the motor vehicle and the motor vehicle shall be impounded

(a) if the person has had no convictions under section 253 or 254 of the Criminal Code (Canada) in the ten years preceding the date of the suspension, for 30 days from the time it was detained, and

(b) if the person has had one or more convictions under section 253 or 254 of the Criminal Code (Canada) in the ten years preceding the date of the suspension, for 60 days from the time it was detained.

18 Section 310.05 of the Act is amended

(a) in paragraph (6)(d) of the English version by striking out “and” at the end of the paragraph;

(b) in subsection (7) by repealing the portion preceding paragraph (a) and substituting the following:

310.05( 7) In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2), the Registrar shall sustain the suspension if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that

310.05( 7.01) In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2.1), the Registrar shall sustain the suspension if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that

(a) the evaluating officer had the required qualifications,

(b) the performance of the person on the evaluation met the criteria prescribed by regulation for a poor performance, and

(c) in the case of an order of suspension issued for the purpose of paragraph 310.04(2.1)(b), the person failed or refused to comply with a demand to supply a sample of a bodily substance or to submit to an evaluation under section 254 of the Criminal Code (Canada).

(d) in subsection (7.1) by repealing the portion preceding paragraph (a) and substituting the following:

310.05( 7.1) In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2), the Registrar shall revoke the suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that

(e) by adding after subsection (7.1) the following:

310.05( 7.2) In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2.1), the Registrar shall revoke the suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that

(a) the evaluating officer did not have the required qualifications,

(b) the performance of the person on the evaluation did not meet the criteria prescribed by regulation for a poor performance, or

(c) in the case of an order of suspension issued for the purpose of paragraph 310.04(2.1)(b), the person did not fail or refuse to comply with a demand to supply a sample of a bodily substance or to submit to an evaluation under section 254 of the Criminal Code (Canada).

19 Subsection 310.1(1) of the Act is repealed and the following is substituted:

310.1( 1) A person who applies for the reinstatement of his or her driving privileges shall pay a fee for the reinstatement if the person’s driving privileges were suspended under subsection 298(4), section 298.1, 300 or 302, subsection 302.1(1), section 309.3, paragraph 310.01(4)(b) or (c) or section 310.04.

20 Section 310.13 of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

310.13( 1) Unless the court orders otherwise and subject to subsection (1.1), the Registrar shall register a person in the program if

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

310.13( 1.1) The Registrar shall not register a person in the program who is convicted of an offence referred to in paragraph (1)(a) related to drugs not in combination with alcohol or whose licence is revoked and driving privilege is suspended under a provision set out in paragraph (1)(b) if the revocation and suspension is related to drugs not in combination with alcohol.

(c) in subsection (3) by striking out “A person whose licence” and substituting “Subject to subsection (3.01), a person whose licence”;

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

310.13( 3.01) A person whose licence was revoked and driving privilege was suspended under a provision set out in subsection (3) may not apply to the Registrar for application in the program if the revocation and suspension is related to drugs not in combination with alcohol.

(e) in subparagraph (4)(a)(ii) by striking out “drinking driver” and substituting “impaired driver”.

21 Paragraph 310.18.4(1)(c) of the Act is amended by striking out “subparagraph 310.13(4)(a)(i) or (ii)” and substituting “subparagraph 310.13(4)(a)(ii) or (iii)”.

22 Subsection 310.2(1) of the Act is amended in the portion preceding paragraph (a) by striking out “subsection 310.01(12)” and substituting “subsection 310.01(11), 310.01(12)”.

23 Subsection 313(4) of the Act is amended in the portion preceding paragraph (a) by striking out “fee prescribed by regulation for any drinking driver” and substituting “fee set by the Registrar for any impaired driver”.

24 Schedule A of the Act is amended

(a) by adding after

83(4) ...............

the following:

84(4)(a) ...............	C
84(4)(b) ...............	C
84(4)(c) ...............	C
84(4)(c.1) ...............	C
84(4)(d) ...............	C
84(4)(e) ...............	C
84(5)(a) ...............	C
84(5)(b) ...............	C
84(5)(c) ...............	C
84(5)(d) ...............	C

(b) by striking out

84(4)(a), (b), (c), (c.1) or (d) ...............	C
84(5)(a), (b) or (c) ...............	C

84.11(3)(d) ...............

the following:

84.11(3)(e) ...............

PART 2

AMENDMENTS RELATED TO OFFENCES RELATING TO CONVEYANCES

25 Section 1 of the Act is amended

(a) by repealing the definition “approved instrument” and substituting the following:

“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada); (éthylomètre approuvé)

(b) in the definition “approved drug screening equipment” by striking out “section 254” and substituting “section 320.11”;

(d) in the definition “evaluating officer” by striking out “section 254” and substituting “section 320.11”.

26 Subsection 84(11) of the Act is amended by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”.

27 Section 265 of the Act is amended

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

265( 1) Subject to subsection (2.01), within ten days after conviction or forfeiture of bail of a person upon a charge for an offence under this Act or other law regulating the operation of vehicles on highways or for a criminal offence in the commission of which a vehicle was used, every judge or clerk of the Court of record in which such conviction was had or bail was forfeited shall prepare and forward to the Registrar an abstract of the record of that Court covering the case, which abstract shall be certified by the person required to prepare it to be true and correct.

(b) in subsection (2.1) by striking out “or order directing a discharge”.

28 Paragraph 287(1)(b) of the Act is repealed and the following is substituted:

(b) any order directing the discharge of the person under subsection 255(5) of the Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force,

29 Section 297 of the Act is amended

(a) by repealing paragraph (1)(b) and substituting the following:

(b) the orders directing discharge of each driver and of each non-resident driver under subsection 255(5) of the Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force,

(b) by repealing subsection (1.1) and substituting the following:

297( 1.1) The Registrar shall keep the following records for a period of ten years in respect of each driver and each non-resident driver:

(a) a conviction for an offence under sections 310.01, 310.02, 310.021 and 310.04;

(b) a conviction entered against the person for an offence under sections 253 and 254 of the Criminal Code (Canada), as those sections read before the date that sections 320.14 and 320.15 of that Act came into force; and

(c) a conviction entered against the person for an offence under subsections 320.14(1) and (4) and subsection 320.15(1) of the Criminal Code (Canada).

(b.1) upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force, 10 points;

30 Section 300 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “249, 253 or 254 or subsection 255(2) or (3)” and substituting “320.13 or subsection 320.14(1), (2), (3) or (4) or subsection 320.15(1)”;

( ii) in paragraph (b) by striking out “section 259” and substituting “subsection 320.18(1)”;

( iii) by repealing paragraph (b.1);

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

300( 3) The period of suspension shall commence on the tenth day following receipt by the Registrar of the report required by section 265, but where notice or record of a conviction has been received from outside the Province, the period of suspension in the Province shall commence on the date of the conviction.

( i) in the portion preceding paragraph (a) by striking out “or an order directing discharge”;

( ii) in paragraph (b) by striking out “or discharged”;

(d) by repealing subsection (3.2) and substituting the following:

300( 3.2) Where, after the final appeal of any conviction referred to in subsection 265(1), a person is as a result of the appeal convicted of the offence, any period of suspension served at any time from the conviction to the final appeal shall be taken into account with respect to the period of suspension imposed.

(e) in subsection (4)

( i) in paragraph (b) by striking out “or upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada),”;

( ii) in the portion following paragraph (b) by striking out “or the order directing discharge”.

31 Section 301 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada)”;

( ii) in paragraph (b) by striking out “and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada)”;

( iii) in paragraph (c) by striking out “and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada)”;

(b) in paragraph (2)(a) in the portion preceding subparagraph (i) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or 320.15(1)”.

32 Section 302 of the Act is amended

(a) in subsection (2) in the portion following paragraph (c) by striking out “, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within three years after the date of the Registrar’s suspension”;

(b) in subsection (2.1) in the portion following paragraph (c) by striking out “, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within ten years after the date of the Registrar’s suspension”;

(c) in subsection (2.2) in the portion following paragraph (c) by striking out “, has two or more orders directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her or is the object of any combination of such convictions or orders”;

(d) in paragraph (3)(b.1) by striking out “section 259” and substituting “subsection 320.18(1)”.

33 Subsection 302.1(1) of the Act is amended by striking out “or on an order directing discharge under subsection 255(5) of the Criminal Code (Canada),”.

34 Section 303 of the Act is repealed and the following is substituted:

303 After a period of two years has elapsed from the date of conviction of a person, the Registrar shall deduct from the record of the person so convicted the number of points previously assessed in respect of the conviction if the person’s driving privilege has not been suspended during the two-year period.

35 Section 304 of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following:

304 Despite section 303, when a person is the holder of a licence issued under section 301, without being convicted for the periods referred to below of an offence under this Act or the regulations, or a local by-law or the Criminal Code (Canada), involving the use of a motor vehicle, or under subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, the licence of that person is no longer probationary, that person shall no longer be considered, for the purposes of this Act, as the holder of a licence issued under section 301 and all points assessed against that person for previous convictions shall be removed from that person’s record:

36 Subsection 307(2) of the Act is amended by striking out “subsection 255(5) of the Criminal Code (Canada) has been issued” and substituting “subsection 255(5) of the Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force, has been issued”.

37 Paragraph 307.1(1)(b) of the Act is amended by striking out “subsection 255(5) of the Criminal Code (Canada)” and substituting “subsection 255(5) of the Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force”.

38 Subsection 308(1) of the Act is repealed and the following is substituted:

308( 1) Whenever a resident of the Province is convicted of any offence for which ten points are required to be assessed by the Registrar, the court in which the conviction is had shall require the surrender to it of all licences then held by the person convicted and the court shall immediately forward the licences, together with the record of the conviction, to the Registrar.

39 Section 310.00012 of the Act is amended by striking out “section 254” and substituting “section 320.28”.

40 Subsection 310.002(2) of the Act is amended by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”.

41 Section 310.0021 of the Act is amended by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”.

42 Section 310.01 of the Act is amended

(a) in subsection (1) by striking out “subsection 254(2)” and substituting “subsection 320.27(1) or section 320.28”;

(b) in subsection (2) by striking out “subsection 254(2)” and substituting “subsection 320.27(1) or section 320.28”;

(d) in subsection (3) by striking out “section 254” and substituting “subsection 320.15(1)”;

(e) in subsection (7) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(f) in paragraph (10)(d)

( i) in subparagraph (ii) by striking out “section 258” and substituting “section 320.32”;

( ii) in subparagraph (iii) of the French version by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

(g) in paragraph (20)(c) by striking out “section 258” and substituting “section 320.32”;

(h) in subsection (21) of the French version

( i) in paragraph a) by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iii) in paragraph c) by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

(i) in subsection (22) of the French version

( i) in paragraph a) by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iii) in paragraph c) by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”.

43 Section 310.02 of the Act is amended

(a) in subsection (1) in the definition “qualified technician” by striking out “subsection 254(1)” and substituting “section 320.11”;

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

310.02( 3) If a novice driver, upon demand made by a peace officer under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), provides a sample of breath that, on analysis as described in subsection 310.01(1), registers “Pass” but the peace officer reasonably suspects that the novice driver has alcohol in his or her body, the peace officer may for the purposes of determining compliance with paragraph 84(4)(d) or (5)(c), demand that the novice driver provide within a reasonable time such further sample of breath as in the opinion of the peace officer or qualified technician is necessary to enable a proper analysis of the breath to be made by means of an approved screening device or approved instrument and, if necessary, to accompany the peace officer for the purpose of enabling such a sample of breath to be taken.

(c) in subsection (4) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(d) in subsection (5) in the portion preceding paragraph (a) by striking out “subsection 254(2) and substituting “subsection 320.27(1) or section 320.28”;

(e) in subsection (5.1) in the portion preceding paragraph (a) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(f) in subsection (7.1) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(g) in paragraph (10)(d)

( i) in subparagraph (ii) by striking out “section 258” and substituting “section 320.32”;

( ii) in subparagraph (iii) of the French version by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

(h) in subsection (11)

( i) in paragraph (a) by striking out “but does not exceed 80 mg of alcohol” and substituting “but is not equal to or does not exceed 80 mg of alcohol”;

( ii) in paragraph (b)

( A) in the portion preceding subparagraph (i) by striking out “exceeds 80 mg of alcohol” and substituting “is equal to or exceeds 80 mg of alcohol”;

( B) in subparagraph (i) by striking out “under section 253 or 254” and substituting “under subsection 320.14(1) or (4) or subsection 320.15(1)”;

( C) in subparagraph (ii) by striking out “under section 253 or 254” and substituting “under subsection 320.14(1) or (4) or subsection 320.15(1)”;

( iii) in paragraph (d)

( A) in subparagraph (i) by striking out “under section 253 or 254” and substituting “under subsection 320.14(1) or (4) or subsection 320.15(1)”;

( B) in subparagraph (ii) by striking out “under section 253 or 254” and substituting “under subsection 320.14(1) or (4) or subsection 320.15(1)”;

(i) in paragraph (14)b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(j) in paragraph (15.5)(c) by striking out “section 258” and substituting “section 320.32”;

(k) in subsection (15.6)

( i) in paragraph a) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iii) in paragraph c) of the French version by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

( iv) in paragraph (e) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(l) in paragraph (15.61)(c) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(m) in paragraph (15.62)(c) by striking out “section 254” and substituting “section 320.28”;

(n) in subsection (15.7)

( i) in paragraph a) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iii) in paragraph c) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iv) in paragraph (e) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(o) in paragraph (15.71)(c) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(p) in paragraph (15.72)(c) by striking out “section 254” and substituting “section 320.28”.

44 Section 310.021 of the Act is amended

(a) in subsection (1) in the definition “qualified technician” by striking out “subsection 254(1)” and substituting “section 320.11”;

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

310.021( 4) If a novice motorcycle driver, on demand made by a peace officer under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), provides a sample of breath that, on analysis as described in subsection 310.01(1), registers “Pass” but the peace officer reasonably suspects that the novice motorcycle driver has alcohol in his or her body, the peace officer may, for the purposes of determining compliance with paragraph 84.11(3)(d), demand that the novice motorcycle driver provide within a reasonable time a further sample of breath that in the opinion of the peace officer or qualified technician is necessary to enable a proper analysis of the breath to be made by means of an approved screening device or approved instrument and, if necessary, to accompany the peace officer for the purpose of enabling the sample of breath to be taken.

(c) in subsection (5) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(d) in subsection (6) in the portion preceding paragraph (a) by striking out “subsection 254(2)” and substituting “subsection 320.27(1) or section 320.28”;

(e) in subsection (6.1) in the portion preceding paragraph (a) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(f) in subsection (8.1) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(g) in paragraph (11)(d)

( i) in subparagraph (ii) by striking out “section 258” and substituting “section 320.32”;

( ii) in subparagraph (iii) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(h) in subsection (12)

( i) in paragraph (a) by striking out “but does not exceed 80 mg of alcohol” and substituting “but is not equal to or does not exceed 80 mg of alcohol”;

( ii) in paragraph (b)

( A) in the portion preceding subparagraph (i) by striking out “exceeds 80 mg of alcohol” and substituting “is equal to or exceeds 80 mg of alcohol”;

( B) in subparagraph (i) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”;

( C) in subparagraph (ii) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”;

( iii) in paragraph (d)

( A) in subparagraph (i) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”;

( B) in subparagraph (ii) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”;

(i) in paragraph (15)b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(j) in paragraph (16.5)(c) by striking out “section 258” and substituting “section 320.32”;

(k) in subsection (16.6)

( i) in paragraph a) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iii) in paragraph c) of the French version by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

( iv) in paragraph (e) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(l) in paragraph(16.61)(c) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(m) in paragraph (16.62)(c) by striking out “section 254” and substituting “section 320.28”;

(n) in subsection (16.7)

( i) in paragraph a) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( iii) in paragraph c) of the French version by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

( iv) in paragraph (e) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(o) in paragraph (16.71)(c) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(p) in paragraph (16.72)(c) by striking out “section 254” and substituting “section 320.28”.

45 Section 310.04 of the Act is amended

(a) in subsection (2)

( i) in paragraph (a) by striking out “exceeds 80 milligrams of alcohol in 100 millilitres of blood” and substituting “is equal to or exceeds 80 mg of alcohol in 100 ml of blood”;

( ii) in paragraph (b) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(b) in subsection (2.1)

( i) in paragraph (a) by striking out “section 254” and substituting “section 320.28”;

( ii) in paragraph (b) by striking out “a demand to supply a sample of a bodily substance or to submit to an evaluation under section 254 of the Criminal Code (Canada)” and substituting “a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act”;

(c) in subsection (3.1) in the portion preceding paragraph (a) by striking out “exceeds 80 mg of alcohol in 100 ml of blood” and substituting “is equal to or exceeds 80 mg of alcohol in 100 ml of blood”;

(d) in subsection (3.2) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

(e) in subsection (6)

( i) in paragraph (d) by striking out “section 258” and substituting “section 320.32”;

( ii) in paragraph e) of the French version by striking out “l’alcootest approuvé” and substituting “l’éthylomètre approuvé”;

(f) in subsection (7.1)

( i) in paragraph (a) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”;

( ii) in paragraph (b) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1)”.

46 Section 310.05 of the Act is amended

(a) in paragraph (6)(c) by striking out “section 258” and substituting “section 320.32”;

(b) in subsection (7)

( i) in paragraph a) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

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

(c) the approved screening device or approved instrument, as the case may be, produced a result indicating the presence of alcohol in the driver’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,

( iv) in paragraph (e) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(c) in paragraph (7.01)(c) by striking out “a demand to supply a sample of a bodily substance or to submit to an evaluation under section 254 of the Criminal Code (Canada)” and substituting “a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act”;

(d) in subsection (7.1)

( i) in paragraph a) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

( ii) in paragraph b) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”;

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

(c) the approved screening device or approved instrument, as the case may be, did not produce a result indicating the presence of alcohol in the driver’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,

( iv) in paragraph (e) by striking out “section 254” and substituting “subsection 320.27(1) or section 320.28”;

(e) in paragraph (7.2)(c) by striking out “a demand to supply a sample of a bodily substance or to submit to an evaluation under section 254 of the Criminal Code (Canada)” and substituting “a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act”.

47 Section 310.13 of the Act is amended

(a) in paragraph (1)(a) by striking out “section 253 or 254” and substituting “subsection 320.14(1) or 320.15(1)”;

(b) by repealing subparagraph (4)(a)(i) and substituting the following:

( i) the expiry of a period specified in subsection 320.24(10) of the Criminal Code (Canada) or the expiry of any greater period fixed by the court under that subsection,

48 Subsection 310.18.4(3) of the Act is amended

(a) in paragraph (a)

( i) in subparagraph (i) by striking out “subsection 259(1)” and substituting “subsection 320.24(2)”;

( ii) in clause (ii)(C) by striking out “subsection 259(1)” and substituting “subsection 320.24(2)”;

(b) in subparagraph (b)(ii) by striking out “subsection 259(1)” and substituting “subsection 320.24(2)”.

49 Paragraph 313(2)(c) of the Act is amended by striking out “, or on an order directing discharge under subsection 255(5) of the Criminal Code (Canada)”.

50 Section 315 of the Act is repealed and the following is substituted:

315 The Registrar shall reinstate the licence and driving privilege, or the driving privilege, of an applicant in accordance with the Registrar’s decision to do so under subsection 311(5) or as directed by a judge of The Court of Queen’s Bench of New Brunswick under subsection 313(4), but where the reinstatement is effected with respect to a person who has been convicted of an offence for which ten points have been assessed in accordance with this Act, the Registrar shall, notwithstanding anything to the contrary in the order, issue a licence that the person would have been entitled to under section 301 if the person’s period of suspension had elapsed and no further convictions had been entered against the person, subject to any conditions imposed under section 301.

Transitional Provisions

51 Despite sections 26, 31, 42, 43, 44, and 45 of this Act, if a conviction has been entered against a person for an offence under section 253 or 254 of the Criminal Code (Canada) or a person has been charged with an offence under section 253 or 254 of the Criminal Code (Canada) before the commencement of this section, the following provisions of the Motor Vehicle Act shall be read to include a reference to a conviction under or an offence under section 253 or 254 of the Criminal Code (Canada), as the case may be :

(a) subsection 84(11) of the Motor Vehicle Act as amended by section 26 of this Act,

(b) paragraph 301(2)(a) of the Motor Vehicle Act as amended by section 31 of this Act,

(d) subparagraphs 310.02(11)(b)(i) and (ii) and (d)(i) and (ii) of the Motor Vehicle Act as amended by section 43 of this Act,

(e) subparagraphs 310.021(12)(b)(i) and (ii) and (d)(i) and (ii) of the Motor Vehicle Act as amended by section 44 of this Act,

(f) paragraphs 310.04(7.1)(a) and (b) of the Motor Vehicle Act as amended by section 45 of this Act.

52 Despite section 265 of the Motor Vehicle Act as amended by section 27 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 265 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

53 Despite section 300 of the Motor Vehicle Act as amended by section 30 of this Act,

(a) if a conviction under section 249, 253 or 254 or subsection 255(2) or (3) of the Criminal Code (Canada) is entered against a person before the commencement of this section, paragraph 300(1)(a) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies,

(b) if a conviction under section 259 of the Criminal Code (Canada) is entered against a person before the commencement of this section, paragraph 300(1)(b) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies, and

(c) if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 300 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

54 Despite section 301 of the Motor Vehicle Act as amended by section 31 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 301 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

55 Despite section 302 of the Motor Vehicle Act as amended by section 32 of this Act,

(a) if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 302 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies, and

(b) if a conviction under section 259 of the Criminal Code (Canada) is entered against a person before the commencement of this section, paragraph 302(3)(b.1) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

56 Despite subsection 302.1(1) of the Motor Vehicle Act as amended by section 33 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, subsection 302.1(1) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

57 Despite section 303 of the Motor Vehicle Act as amended by section 34 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 303 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

58 Despite section 304 of the Motor Vehicle Act as amended by section 35 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 304 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

59 Despite subsection 308(1) of the Motor Vehicle Act as amended by section 38 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, subsection 308(1) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

60 Despite section 310.13 of the Motor Vehicle Act as amended by section 47 of this Act,

(a) if a conviction under section 253 or 254 of the Criminal Code (Canada) is entered against a person before the commencement of this section, paragraph 310.13(1)(a) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies,

(b) if a period referred to under subparagraph 310.13(4)(a)(i) of the Motor Vehicle Act was not expired on the commencement of this section, subparagraph 310.13(4)(a)(i) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies, and

(c) if a period of prohibition referred to under paragraph 310.13(6)(a) of the Motor Vehicle Act was not expired on the commencement of this section, paragraph 310.13(6)(a) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

61 Despite subsection 310.18.4(3) of the Motor Vehicle Act as amended by section 48 of this Act,

(a) if a period referred to under subparagraph 310.18.4(3)(a)(i) of the Motor Vehicle Act was not expired on the commencement of this section, subparagraph 310.18.4(3)(a)(i) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies, and

(b) if a period referred to under subparagraph 310.18.4(3)(b)(ii) of the Motor Vehicle Act was not expired on the commencement of this section, subparagraph 310.18.4(3)(b)(ii) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

62 Despite paragraph 313(2)(c) of the Motor Vehicle Act as amended by section 49 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, paragraph 313(2)(c) of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

63 Despite section 315 of the Motor Vehicle Act as amended by section 50 of this Act, if an order directing a discharge under subsection 255(5) of the Criminal Code (Canada) is made before the commencement of this section, section 315 of the Motor Vehicle Act, as it existed immediately before the commencement of this section, applies.

Commencement

64( 1) Subject to subsections (2) and (3), this Act or any provision of it shall come into force on a day or days to be fixed by proclamation.

64( 2) Part 1 of this Act or any provision of Part 1 shall not come into force before the day that Bill C-46, introduced in the first session of the Forty-second Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, receives Royal Assent.

64( 3) Part 2 of this Act or any provision of Part 2 shall not come into force

(a) before the 180th day after the day on which Bill C-46, introduced in the first session of the Forty-second Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, receives Royal Assent; and

(b) before Part 1 of this Act has come into force.

64( 4) If Parts 1 and 2 of this Act come into force on the same day, the provisions of Part 1 shall be deemed to have come into force before the provisions of Part 2.