Bill 16 - An Act to Amend the Motor Vehicle Act

BILL 16

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 68 of the English version of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended in the portion preceding paragraph (a) by striking out “or” and substituting “and no owner shall”.

2 The heading “AUTHORIZED EMERGENCY VEHICLES” preceding section 168 of the Act is repealed and the following is substituted:

AUTHORIZED EMERGENCY VEHICLES AND SERVICE VEHICLES

3 The Act is amended by adding the following heading before section 168.1:

Stopped authorized emergency vehicle or service vehicle

4 Section 168.1 of the Act is repealed and the following is substituted:

Stopped authorized emergency vehicle or service vehicle

168.1( 1) Despite section 1, in this section, “service vehicle” means a tow truck, a private or public utility corporation vehicle, and a road safety or maintenance vehicle under contract with the Province. (véhicule de service)

168.1( 2) If an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a flashing red light visible from the front of the vehicle or a service vehicle exhibiting a revolving or flashing amber light visible from the front of the vehicle is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall reduce the vehicle’s speed to one-half of the posted maximum speed limit and shall proceed with caution, having due regard for traffic on the highway, the condition of the highway and the weather conditions, to ensure that the driver does not collide with the authorized emergency vehicle or service vehicle or endanger any person outside of the authorized emergency vehicle or service vehicle.

168.1( 3) If an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a flashing red light visible from the front of the vehicle or a service vehicle exhibiting a revolving or flashing amber light visible from the front of the vehicle is stopped on a highway with two or more lanes for traffic on the same side of the highway, the driver of a vehicle travelling in the same lane in which the authorized emergency vehicle or service vehicle is stopped or in a lane that is adjacent to the authorized emergency vehicle or service vehicle shall, in addition to reducing the vehicle’s speed to one-half the posted maximum speed limit and proceeding with caution as required by subsection (2), move into another lane if the movement can be made with safety.

168.1( 4) Nothing in subsection (2) or (3) prevents a driver from stopping his or her vehicle and not passing the stopped authorized emergency vehicle or service vehicle if stopping can be done in safety and is not otherwise prohibited by law.

5 Section 188 of the Act is amended

aby repealing subsection (1.2) and substituting the following:

188( 1.2) The owner of a motor vehicle shall be guilty of a violation of subsection (1) committed by any person operating the motor vehicle unless the owner establishes that another person was operating the motor vehicle.

bby repealing subsection (1.3) and substituting the following:

188( 1.3) Despite subsection (1.2), if the registration certificate for a motor vehicle respecting which a violation of subsection (1) is committed shows the name and address of a lessee of the vehicle as provided for in section 27.1, the lessee shall be guilty of the violation unless the lessee establishes that another person was operating the motor vehicle at the time of the alleged violation.

cby adding after subsection (1.5) the following:

188( 1.6) Despite section 51 and subsection 56(5) of the Provincial Offences Procedure Act, when a person is convicted of an offence under subsection (1), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.

6 Subsection 197(8) is amended in the portion preceding paragraph (a) by striking out “of five hundred dollars or less” and substituting: “that does not exceed the amount prescribed by regulation”.

7 The Act is amended by adding after section 197 the following:

197.1 The Lieutenant-Governor in Council may make regulations prescribing an amount for the purpose of subsection 197(8).

8 The Act is amended by adding after section 265.04 the following:

Fine

265.041 Despite section 51 and subsection 56(3) of the Provincial Offences Procedure Act, if a person is convicted of an offence under section 265.02 or subsection 265.04(1), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.

9 The Act is amended by adding the following before Part V:

PART IV.2

SCHOOL BUS CAMERA SYSTEMS

Use of automated school bus camera system authorized

265.9 An automated school bus camera system may be used in accordance with this Part and the regulations made under this Part in determining whether a driver has violated subsection 188(1).

Form and content

265.91 The form and content of a photograph obtained through the use of an automated school bus camera system, including information that may or must be shown or superimposed on the photograph, shall comply with the requirements prescribed by regulation.

School bus camera system evidence

265.92 A photograph obtained through the use of an automated school bus camera system shall be received in evidence in a proceeding under the Provincial Offences Procedure Act respecting an alleged offence under section 188.

Service of ticket

265.93 Despite section 11 of the Provincial Offences Procedure Act, a ticket issued based on evidence obtained through the use of an automated school bus camera system shall be served using the method of service prescribed by regulation.

Certification of photograph

265.94 A photograph that purports to be certified by a peace officer as having been obtained through the use of an automated school bus camera system shall be received in evidence as proof, in the absence of evidence to the contrary, that the photograph was obtained through the use of an automated school bus camera system.

Use at trial

265.95 In the absence of evidence to the contrary, a photograph of a motor vehicle obtained through the use of an automated school bus camera system is proof that

ainformation shown or superimposed on the photograph is true, and

bthe driver of the motor vehicle did not stop the vehicle at least 5 metres from a school bus or passed a school bus before the school bus was again in motion or the flashing red lights ceased to be displayed, contrary to section 188.

Regulations

265.96 The Lieutenant Governor in Council may make regulations

aprescribing what constitutes an automated school bus camera system;

bprescribing the form and content requirements of photographs for the purposes of this Part including information that may or must be shown or superimposed on a photograph;

cprescribing the method of service of a ticket when issued based on evidence obtained from an automated school bus camera system.

10 Section 297 of the Act is amended

ain subsection (2)

( i) by adding after paragraph (g.1) the following:

g.2on conviction of an offence under subsection 188(1), 6 points;

( ii) in paragraph (k) by striking out “3 points” and substituting “5 points”;

( iii) in paragraph (l) by striking out “3 points” and substituting “5 points”;

bby adding after subsection (2.1) the following:

297( 2.2) Despite subsection (2), the Registrar shall not assess any points against the owner of a motor vehicle on conviction of an offence under subsection 188(1) when evidence is obtained through the use of an automated school bus camera system.

11 The heading “Criteria for poor performance on an evaluation prescribed” preceding section 310.00012 of the Act is repealed.

12 Section 310.00012 of the Act is repealed.

13 Subsection 310.001(1) of the Act is amended by striking out “in section 310.01” and substituting “in sections 310.01, 310.02 and 310.021”.

14 Section 310.002 of the Act is amended by adding after subsection (2) the following:

310.002( 3) A police officer who has in his or her possession an approved screening device may require the driver of a vehicle to stop for the purpose of making a demand under section 320.27(2) of the Criminal Code (Canada).

15 Section 310.01 of the Act is amended

aby repealing subsection (1) and substituting the following:

310.01( 1) If, on demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device, registers “Warn”, the peace officer may request the person to surrender the person’s licence.

bby striking out paragraph (6)(a) and substituting the following:

athe person has the right to request and be provided with a second analysis as soon as the circumstances permit, and

16 Section 310.02 of the Act is amended

aby repealing subsection (3) and substituting the following:

310.02( 3) If a novice driver, on demand made by a peace officer under section 320.27 or 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.

bin subsection (5.1)

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

cundergoes 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, or

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

dfails or refuses to submit to a standard field sobriety test for drugs or a combination of alcohol and drugs.

cby repealing paragraph (7)(a) and substituting the following:

athe novice driver has the right to request and be provided with a second analysis as soon as the circumstances permit, and

dby repealing subparagraph (10)(d)(v) and substituting the following:

( v) 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 novice driver on the test met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.

ein paragraph (11.1)(c), by striking out the portion preceding subparagraph (i) and substituting the following:

cif the driver’s performance on a standard field sobriety test for drugs or a combination of alcohol and drugs meets the criteria prescribed by regulation for a poor performance,

fby repealing subsection (15.62) and substituting the following:

310.02( 15.62) In the case of a revocation and suspension of a person’s licence and driving privilege resulting from the person’s 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 (15.1), the Registrar is satisfied that the person was the driver and that

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

bin 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 a standard field sobriety test for drugs or a combination of alcohol and drugs under subsection 320.27(1) of the Criminal Code (Canada).

gby repealing subsection (15.72) and substituting the following:

310.02( 15.72) In the case of a revocation and suspension of a person’s licence and driving privilege resulting from the person’s 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 (15.1), the Registrar is not satisfied that the person was the driver or is satisfied that

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

bin 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 a standard field sobriety test for drugs or a combination of alcohol and drugs under subsection 320.27(1) of the Criminal Code (Canada).

17 Section 310.021 of the Act is amended

aby repealing subsection (4) and substituting the following:

310.021( 4) If a novice motorcycle driver, on demand made by a peace officer under section 320.27 or 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.

bin subsection (6.1)

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

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

dfails or refuses to submit to a standard field sobriety test for drugs or a combination of alcohol and drugs.

cby repealing paragraph (8)(a) and substituting the following:

athe novice motorcycle driver has the right to request and be provided with a second analysis as soon as the circumstances permit, and

dby repealing subparagraph (11)(d)(v) and substituting the following:

( v) 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.

ein paragraph (12.1)(c) by striking out the portion preceding subparagraph (i) and substituting the following:

cif the driver’s performance on a standard field sobriety test for drugs or a combination of alcohol and drugs meets the criteria prescribed by regulation for a poor performance,

fby repealing subsection (16.62) and substituting the following:

310.021( 16.62) In the case of a revocation and suspension of a person’s licence and driving privilege resulting from the person’s 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 (16.1), the Registrar is satisfied that the person was the driver and that

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

bin 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 a standard field sobriety test for drugs or a combination of alcohol and drugs under subsection 320.27(1) of the Criminal Code (Canada).

gby repealing subsection (16.72) and substituting the following:

310.021( 16.72) In the case of a revocation and suspension of a person’s licence and driving privilege resulting from the person’s 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 (16.1), the Registrar is not satisfied that the person was the driver or is satisfied that

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

bin 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 a standard field sobriety test for drugs or a combination of alcohol and drugs under subsection 320.27(1) of the Criminal Code (Canada).

18 Section 310.04 of the Act is amended

aby repealing paragraph (2)(b) and substituting the following:

bhas reason to believe that the person, while having alcohol in his or her body, failed or refused to comply with a demand to supply a sample of breath or blood under section 320.27 or 320.28 of the Criminal Code (Canada).

bby repealing paragraph (2.1)(a) and substituting the following:

aon demand made under section 320.28 of the Criminal Code (Canada), the person submits to an evaluation conducted by an evaluating officer, and the evaluating officer reasonably believes that the person’s performance on the evaluation amounts to a poor performance, or

19 Section 310.05 of the Act is amended

aby repealing paragraph (7)(e) and substituting the following:

ein the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person failed or refused to comply with a demand to supply a sample of breath or blood under subsection 320.27 or section 320.28 of the Criminal Code (Canada).

bby repealing paragraph (7.01)(b) and substituting the following:

bthe performance of the person on the evaluation amounts to a poor performance, and

cby repealing paragraph (7.1)(e) and substituting the following:

ein the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person did not fail or refuse to comply with a demand to supply a sample of breath or blood under section 320.27 or 320.28 of the Criminal Code (Canada).

dby repealing paragraph (7.2)(b) and substituting the following:

bthe performance of the person on the evaluation did not amount to a poor performance, or

20 Section 310.13 of the Act is amended

aby adding after subsection (5) the following:

310.13( 5.1) Subject to section 310.18.4, if a person is a mandatory participant, the person’s participation in the program ends on the date calculated by subtracting the minimum absolute prohibition period from operating a motor vehicle imposed by the court under subsection 320.24(10) of the Criminal Code (Canada) from the period of suspension imposed under paragraph 300(1)(a) or subsection 302(2.1), (2.2) or 302.1(1), as the case may be.

bby repealing subsection (6) and substituting the following:

310.13( 6) If a person is a voluntary participant, the person’s participation in the program ends on the date on which

athe period of suspension imposed under paragraph 310.01(4)(c) or subsection 310.04(9), as the case may be, would have elapsed if the person had not participated in the program,

bthe person is removed from the program, or

cthe person withdraws from the program.

CONDITIONAL AMENDMENTS, REPEAL AND COMMENCEMENT

An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017

21( 1) If this subsection comes into force after or on the same date as section 2 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, section 9 of this Act is repealed and the following is substituted:

9 The Act is amended by adding the following before Part V:

PART IV.2

SCHOOL BUS CAMERA SYSTEMS

Use of automated school bus camera system authorized

265.9 An automated school bus camera system may be used in accordance with this Part and the regulations made under this Part in determining whether a driver has violated subsection 188(1).

Form and content

School bus camera system evidence

Service of ticket or violation ticket

265.93 Despite section 11 and 16.4 of the Provincial Offences Procedure Act, a ticket or violation ticket issued based on evidence obtained through the use of an automated school bus camera system shall be served using the method of service prescribed by regulation.

Certification of photograph

Use at trial

265.95 In the absence of evidence to the contrary, a photograph of a motor vehicle obtained through the use of an automated school bus camera system is proof that

ainformation shown or superimposed on the photograph is true, and

Regulations

265.96 The Lieutenant Governor in Council may make regulations

aprescribing what constitutes an automated school bus camera system;

bprescribing the form and content requirements of photographs for the purposes of this Part including information that may or must be shown or superimposed on a photograph;

cprescribing the method of service of a ticket or violation ticket when issued based on evidence obtained from an automated school bus camera system.

21( 2) If this subsection comes into force before section 2 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, that Act is amended by adding after subsection 28(3) the following:

28( 3.1) The Act is amended by repealing the heading “Service of ticket” preceding section 265.93 and substituting the following:

Service of ticket or violation ticket

28( 3.2) Section 265.93 of the Act is repealed and the following is substituted:

28( 3.3) Paragraph 265.96(c) of the Act is repealed and the following is substituted:

cprescribing the method of service of a ticket or violation ticket when issued based on evidence obtained from an automated school bus camera system.

21( 3) If subsection (1) comes into force on the same date as section 2 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, the subsection of this Act shall be deemed to have come into force immediately after the section of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017.

Repeal of An Act to Amend the Motor Vehicle Act, chapter 10 of the Acts of New Brunswick, 2019

22 An Act to Amend the Motor Vehicle Act, chapter 10 of the Acts of New Brunswick, 2019, is repealed.

Commencement

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