Bill 43 - An Act to Amend the Motor Vehicle Act

BILL 43

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:

1 Section 310.01 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a) in subsection (4)

( i) in the portion preceding paragraph (a) in the English version by striking out “for a period of, from the time the request is made,” and substituting “from the time the request is made to the expiration of”;

( 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 a comma;

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

(d) the period set out in subsection 310.02(6), in the case of a revocation of a novice driver’s learner’s licence and the suspension of his or her driving privilege, and

(e) the period set out in subsection 310.021(7), in the case of a revocation of a novice motorcycle driver’s motorcycle learner’s licence and the suspension of his or her driving privilege.

(b) by repealing paragraph (6)(a) of the English version and substituting the following:

(a) the person has the right to request that a second analysis be immediately performed, and

310.01( 7) If a second analysis is requested under paragraph (6)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.

(d) in subsection (10) in the portion preceding paragraph (a) by striking out “Where a licence” and substituting “Subject to subsections 310.02(10) and 310.021(11), when a licence”;

(e) in subsection (21)

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

(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was advised of his or her right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,

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

(b) in the case of a person to whom paragraph (a) applies who requested a second analysis, the second analysis was provided by the peace officer and was performed with a different approved screening device than was used in the first analysis and the written statement of the revocation and suspension was provided to the person on the basis of the lower analysis result,

(f) in subsection (22)

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

(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was not advised of his or her right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,

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

(b) in the case of a person to whom paragraph (a) applies who requested a second analysis, the second analysis was not provided by the peace officer or was not performed with a different approved screening device than was used in the first analysis or the written statement of the revocation and suspension was not provided to the person on the basis of the lower analysis result,

2 Section 310.02 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2);

310.02( 3) If a novice driver, upon demand made by a peace officer under subsection 254(2) of the Criminal Code (Canada), provides a sample of breath that, on analysis by an approved screening device, 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 is less than 50 mg of alcohol in 100 ml of blood, the peace officer may request the novice driver to surrender his or her learner’s licence.

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

310.02( 4) A peace officer may request a novice driver to surrender his or her learner’s licence if, on demand of the officer made under subsection (3), the novice driver fails or refuses to provide a sample of breath.

(e) by repealing subsection (5);

(f) in subsection (6) by striking out “subsection (4) or (5)” and substituting “subsection (3) or (4)”;

(g) in subsection (7)

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

310.02( 7) If an analysis of a sample of a novice driver’s breath is made under subsection (3) by an approved screening device and produces a result indicating the presence of alcohol,

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

(a) the novice driver has the right to request that a second analysis be immediately performed, and

(h) by repealing subsection (7.1) and substituting the following:

310.02( 7.1) If a second analysis is requested under paragraph (7)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.

(i) in subsection (11)

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

310.02( 11) If a novice driver’s learner’s licence is revoked and driving privilege is suspended under paragraph 310.01(4)(d), the peace officer shall detain the motor vehicle and the vehicle shall be impounded,

( ii) in paragraph (a) by striking out “exceeds zero mg of alcohol” and substituting “is equal to or exceeds 50 mg of alcohol”;

(j) by adding after subsection (11) the following:

310.02( 11.1) If a novice driver’s learner’s licence is revoked and driving privilege is suspended under subsection (6) the peace officer shall detain the motor vehicle and the vehicle shall be impounded for seven days from the time it was detained.

(k) in subsection (12) by striking out “subsection (11)” and substituting “subsection (11) or (11.1)”;

(l) in subsection (15.6)

( i) in paragraph (a) by striking out “or approved instrument, as the case may be”;

( ii) in paragraph (b) by striking out “or approved instrument, as the case may be,”;

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

( iv) by repealing paragraph (e) and substituting the following:

(e) in the case of a revocation and suspension of a person’s licence and driving privilege for failing or refusing to provide a sample of breath on demand of a peace officer made under subsection (3), the person failed or refused to provide a sample of breath.

(m) in subsection (15.7)

( i) in paragraph (a) by striking out “or approved instrument, as the case may be”;

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

(b) if the person requested a second analysis, the second analysis was not provided by the peace officer or was not performed with a different approved screening device than was used in the first analysis or the written statement was not provided to the person on the basis of the lower analysis result,

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

( iv) by repealing paragraph (e) and substituting the following:

3 Section 310.021 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (3);

310.021( 4) If a novice motorcycle driver, upon demand made by a peace officer under subsection 254(2) of the Criminal Code (Canada), provides a sample of breath that, on analysis by an approved screening device, 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 is less than 50 mg of alcohol in 100 ml of blood, the peace officer may request the novice motorcycle driver to surrender his or her motorcycle learner’s licence.

(d) by repealing subsection (5) and substituting the following:

310.021( 5) A peace officer may request a novice motorcycle driver to surrender his or her motorcycle learner’s licence if, on demand of the officer made under subsection (4), the novice motorcycle driver fails or refuses to provide a sample of breath.

(e) by repealing subsection (6);

(f) in subsection (7) by striking out “(5) or (6)” and substituting “(4) or (5)”;

(g) in subsection (8)

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

310.021( 8) If an analysis of a sample of a novice motorcycle driver’s breath is made under subsection (4) by an approved screening device and produces a result indicating the presence of alcohol,

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

(a) the novice motorcycle driver has the right to request that a second analysis be immediately performed, and

(h) by repealing subsection (8.1) and substituting the following:

310.021( 8.1) If a second analysis is requested under paragraph (8)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.

(i) in subsection (12)

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

310.021( 12) If a novice motorcycle driver’s motorcycle learner’s licence is revoked and driving privilege is suspended under paragraph 310.01(4)(e), the peace officer shall detain the motorcycle and the vehicle shall be impounded,

( ii) in paragraph (a) by striking out “exceeds zero mg of alcohol” and substituting “is equal to or exceeds 50 mg of alcohol”;

(j) by adding after subsection (12) the following:

310.021( 12.1) If a novice motorcycle driver’s motorcycle learner’s licence is revoked and driving privilege is suspended under subsection (7), the peace officer shall detain the motorcycle and the vehicle shall be impounded for seven days from the time it was detained.

(k) in subsection (13) by striking out “subsection (12)” and substituting “subsection (12) or (12.1)”;

(l) in subsection (16.6)

( i) in paragraph (a) by striking out “or approved instrument, as the case may be”;

( ii) in paragraph (b) by striking out “or approved instrument, as the case may be,”;

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

( iv) by repealing paragraph (e) and substituting the following:

(e) in the case of a revocation and suspension of a person’s licence and driving privilege for failing or refusing to provide a sample of breath on demand of a peace officer made under subsection (4), the person failed or refused to provide a sample of breath.

(m) in subsection (16.7)

( i) in paragraph (a) by striking out “or approved instrument, as the case may be”;

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

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

( iv) by repealing paragraph (e) and substituting the following:

(e) in the case of a revocation and suspension of a person’s licence and driving privilege for failing or refusing to provide a sample of breath on demand of a peace officer made under subsection (4), the person did not fail or refuse to provide a sample of breath.

4 Section 310.04 of the Act is amended

(a) by repealing subsection (3.1);

(b) by repealing subsection (3.2);

(d) in paragraph (6)(e) by striking out “approved screening device or approved instrument, as the case may be” and substituting “approved instrument”.

5 Section 310.05 of the Act is amended

(a) in subsection (7)

( i) by repealing paragraph (a);

( ii) by repealing paragraph (b);

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

(c) the approved instrument produced a result indicating the presence of alcohol in the driver’s blood exceeding 80 mg of alcohol in 100 ml of blood,

(b) in subsection (7.1)

( i) by repealing paragraph (a);

( ii) by repealing paragraph (b);

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

(c) the approved instrument did not produce a result indicating the presence of alcohol in the driver’s blood exceeding 80 mg of alcohol in 100 ml of blood,

6 Section 310.2 of the Act is amended

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

310.2( 1) A peace officer who detains and impounds a motor vehicle under subsection 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3) shall

(b) in subsection (22) by striking out “subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3)” and substituting “subsection 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3)”;

(c) in subsection (23) by striking out “subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3)” and substituting “subsection 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3)”.

CONDITIONAL AMENDMENTS

An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017

7( 1) If this subsection comes into force before or on the same date as section 13 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 13 of that Act is amended

(a) in paragraph (a) by striking out “after subsection (5)” and substituting “before subsection (6)”;

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

(b) in subsection (6) by striking out “subsection (3) or (4)” and substituting “subsection (3), (4) or (5.1)”;

(d) by repealing paragraph (e) and substituting the following:

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

(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 is equal to or exceeds 50 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.

(e) by adding after paragraph (e) the following:

(e.1) by repealing subsection (11.1) and substituting the following:

310.02( 11.1) If a novice driver’s learner’s licence is revoked and driving privilege is suspended under subsection (6), the peace officer shall detain the motor vehicle and the 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 is less than 50 mg of alcohol in 100 ml of blood, for seven days from the time it was detained,

(b) 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

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

7( 2) If this subsection comes into force before or on the same date as section 14 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 14 of that Act is amended

(a) in paragraph (a) by striking out “after subsection (6)” and substituting “before subsection (7)”;

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

(b) in subsection (7) by striking out “subsection (4) or (5)” and substituting “subsection (4), (5) or (6.1)”;

(d) by repealing paragraph (e) and substituting the following:

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

(e) by adding after paragraph (e) the following:

(e.1) by repealing subsection (12.1) and substituting the following:

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

7( 3) If this subsection comes into force before or on the same date as section 22 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 22 of that Act is repealed.

7( 4) If this subsection comes into force before or on the same date as section 42 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 42 of that Act is amended

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

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

310.01( 2) Where, upon demand of a peace officer made under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the person’s blood is 50 mg or more of alcohol in 100 ml of blood, a peace officer may request the person to surrender the person’s licence.

(b) by repealing paragraph (e);

( i) by repealing subparagraph (i);

( ii) by repealing subparagraph (ii);

(d) in paragraph (i)

( i) by repealing subparagraph (i);

( ii) by repealing subparagraph (ii).

7( 5) If this subsection comes into force before or on the same date as section 43 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 43 of that Act is amended

(a) by repealing paragraph (a);

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

(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 by an approved screening device, 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 is less than 50 mg of alcohol in 100 ml of blood, the peace officer may request the novice driver to surrender his or her learner’s licence.

(d) by repealing paragraph (d);

(e) by repealing paragraph (f);

(f) by repealing subparagraph (h)(iii);

(g) by adding after paragraph (h) the following:

(h.1) in paragraph (11.1)(c)

(i) 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)”;

(ii) 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)”;

(h) by repealing paragraph (k);

(i) by repealing paragraph (n).

7( 6) If this subsection comes into force before or on the same date as section 44 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 44 of that Act is amended

(a) by repealing paragraph (a);

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

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

310.021( 4) If a novice motorcycle 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 by an approved screening device, 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 is less than 50 mg of alcohol in 100 ml of blood, the peace officer may request the novice motorcycle driver to surrender his or her motorcycle learner’s licence.

(d) by repealing paragraph (d);

(e) by repealing paragraph (f);

(f) by repealing subparagraph (h)(iii);

(g) by adding after paragraph (h) the following:

(h.1) in paragraph (12.1)(c)

(i) 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)”;

(ii) 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)”;

(h) by repealing paragraph (k);

(i) by repealing paragraph (n).

7( 7) If this subsection comes into force before or on the same date as section 45 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 45 of that Act is amended

(a) by repealing paragraph (c);

(b) by repealing paragraph (d).

7( 8) If this subsection comes into force before or on the same date as section 46 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, section 46 of that Act is amended

(a) in paragraph (b)

( i) by repealing subparagraph (i);

( ii) by repealing subparagraph (ii);

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

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

(c) the approved instrument 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,

(b) in paragraph (d)

( i) by repealing subparagraph (i);

( ii) by repealing subparagraph (ii);

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

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

(c) the approved instrument 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,

7( 9) If subsection (1), (2), (3), (4), (5), (6), (7) or (8) comes into force on the same date as section 13, 14, 22, 42, 43, 44, 45, or 46 of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, the subsection of this Act shall be deemed to have come into force immediately before the section of the Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017.

7( 10) If this subsection comes into force after paragraph 13(b) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, paragraph 2(f) of this Act is repealed and the following is substituted:

(f) in subsection (6) by striking out “subsection (4), (5) or (5.1)” and substituting “subsection (3), (4) or (5.1)”;

7( 11) If this subsection comes into force after paragraph 14(b) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, paragraph 3(f) of this Act is repealed and the following is substituted:

(f) in subsection (7) by striking out “subsection (5), (6) or (6.1)” and substituting “subsection (4), (5) or (6.1)”;

7( 12) If this subsection comes into force after paragraph 42(b) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended in subsection 310.01(2) of the French version by striking out “alcootest approuvé” and substituting “éthylomètre approuvé”.

7( 13) If this subsection comes into force after paragraph 43(b) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, paragraph 2(c) of this Act is repealed and the following is substituted:

7( 14) If this subsection comes into force after paragraph 44(b) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, paragraph 3(c) of this Act is repealed and the following is substituted:

7( 15) If this subsection comes into force after subparagraph 46(b)(iii) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, subparagraph 5(a)(iii) of this Act is repealed and the following is substituted:

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

(c) the approved instrument 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,

7( 16) If this subsection comes into force after subparagraph 46(d)(iii) of An Act to Amend the Motor Vehicle Act, chapter 54 of the Acts of New Brunswick, 2017, subparagraph 5(b)(iii) of this Act is repealed and the following is substituted:

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

(c) the approved instrument 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,