BILL 42

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 28 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

ain subsection (3)

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

aan application for renewal of a vehicle registration has been approved by the Registrar but the registration certificate has not been issued or received, or

( ii) by repealing paragraph (b);

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

clorsque le véhicule est conduit selon les dispositions de l’article 43.

bby repealing subsection (4) and substituting the following: 

28( 4) The onus of proof shall be on the accused that an application for renewal of vehicle registration has been approved by the Registrar.

2 Section 92 of the Act is amended

aby repealing subsection (2) and substituting the following:

92( 2) The provisions of subsection (1) do not apply to

aa person whose application for renewal of a licence has been approved by the Registrar but the licence has not been issued or received, or

ba person who, by any provision of this Act, is permitted to operate a vehicle without a licence.

bby adding after subsection (2) the following: 

92( 3) The onus of proof shall be on the accused that an application for a licence renewal has been approved by the Registrar.

3 Section 95 of the Act is amended

aby repealing subsection (1) and substituting the following: 

95( 1) A licence shall state on the face of the licence the date on which it will expire, which date shall be specified by the Registrar.

bby repealing subsection (1.1);

cin subsection (3) by striking out “and surrender of the existing licence”.

4 The Act is amended by adding after section 95 the following: 

Regulations

95.1 The Lieutenant-Governor in Council may make regulations

aprescribing the circumstances in which an application to renew a licence may be made by electronic means, and

bprescribing the classes of licences for which applications to renew a licence may be made by electronic means.

CONSEQUENTIAL AMENDMENTS

Regulation under the Motor Vehicle Act

5( 1) Subsection 27(1) of New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended

aby repealing subparagraph (b)(ii) and substituting the following:

( ii) undertake to submit to a medical re-examination and to file a report satisfactory to the Registrar on every renewal of the licence;

bin paragraph (c)

( i) in subparagraph (ii) of the English version by striking out “Registrar of Motor Vehicles” and substituting “Registrar”;

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

( iii) have a medical re-examination and file a report satisfactory to the Registrar on every renewal of the licence after reaching the age of sixty-five years;

5( 2) The Regulation is amended by adding after section 27 the following: 

27.001 An applicant may apply by electronic means for the renewal of a Class 5 licence if the applicant

ais the holder of a valid Class 5 licence or previously held a Class 5 licence that expired no more than 24 months before the date of the application,

bhas not changed his or her residence address within 90 days before the date of the application,

cdoes not request to add or change an endorsement to the licence,

ddoes not request to remove or change a restriction imposed on the licence, and

eis not required to submit to a medical re-examination and to file a report satisfactory to the Registrar.

5( 3) Section 27.02 of the Regulation is amended

ain subparagraph (a)(iii) of the English version by striking out “and” at the end of the subparagraph;

bby adding after paragraph (a) the following: 

a.1when the previous application for the renewal of a Class 5 licence was made by electronic means, and