Bill 36 - An Act to Amend the Motor Vehicle Act

BILL 36

An Act to Amend the Motor Vehicle Act

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

1 Section 84 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a) in subsection (5.3) of the French version by striking out “d’une licence délivrée” and substituting “d’un permis de conduire valide délivré”;

(b) in paragraph (12)b) of the French version by striking out “recommencer au début de la première étape” and substituting “reprendre la première étape du début”;

84( 12.02) Notwithstanding any other provision of this Act or the regulations, if a person holds a learner’s licence and the person’s driving privilege is suspended by operation of section 310.06, the Registrar shall revoke any licence that is held by the person at the time of the suspension and suspend the person’s driving privilege for a period expiring on the later of

(a) the expiration of any periods of revocation and suspension already imposed, and

(b) the expiration of the period of suspension imposed under section 310.06.

84( 12.03) A person whose licence, other than a learner’s licence, is revoked under subsection (12.02) shall not be permitted to hold another licence until

(a) the applicable period referred to in subsection (12.02) has expired, and

(b) the person has paid the administrative penalty under paragraph 310.06(13)(d), (14)(d) or (15)(d), as the case may be, and has, subsequent to the revocation, successfully completed, and has paid the fee set by the Registrar for, the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar.

84( 12.04) A person whose learner’s licence is revoked or whose driving privilege is suspended by operation of subsection (12.02) or section 310.06,

(a) shall, if again applying for a learner’s licence, not be permitted to hold another learner’s licence until the person has paid the administrative penalty under paragraph 310.06(13)(d), (14)(d) or (15)(d), as the case may be, and has successfully completed, and paid the fee set by the Registrar for, the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and

(b) shall, if again holding a learner’s licence, start anew at the beginning of stage one and fulfill all the requirements of this section before applying for a stage two learner’s licence and before applying for another driver’s licence in accordance with subsection (8).

(d) in subsection (12.1) by striking out “paragraph (12)(a) or subsection (12.01)” and substituting “paragraph (12)(a) or subsection (12.01), (12.03) or (12.04)”;

(e) in subsection (13) in the portion preceding paragraph (a) by striking out “subsection (12)” and substituting “subsection (12) or (12.04)”.

2 Section 84.11 of the Act is amended

(a) in paragraph (3)(d) of the English version by striking out “his or her blood” and substituting “the novice motorcycle driver’s blood”;

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

84.11( 11.1) Despite any other provision of this Act or the regulations, if a person holds a motorcycle learner’s licence and the person’s driving privilege is suspended by operation of section 310.06, the Registrar shall revoke any licence that is held by the person at the time of the suspension and suspend the person’s driving privilege for a period expiring on the later of

(a) the expiration of any periods of revocation and suspension already imposed, and

(b) the expiration of the period of suspension imposed under section 310.06.

84.11( 11.2) A person whose licence, other than a motorcycle learner’s licence, is revoked under subsection (11.1) shall not be permitted to hold another licence until the applicable period referred to in that subsection has expired and the person has

(a) paid the administrative penalty under paragraph 310.06(13)(d), (14)(d) or (15)(d), as the case may be,

(b) successfully completed, after the revocation, the impaired driver re-education course approved by the Minister of Health,

(d) fulfilled the requirements of this section.

84.11( 11.3) The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection (11.1) or section 310.06 unless the applicable period referred to in subsection (11.1) or section 310.06, as the case may be, has expired and the person has

(a) paid the administrative penalty under paragraph 310.06(13)(d), (14)(d) or (15)(d), as the case may be,

(b) successfully completed, after the revocation or suspension, the impaired driver re-education course approved by the Minister of Health,

(d) fulfilled the requirements of this section.

(c) in subsection (12) by striking out “paragraph (9)(b) or subsection (10)” and substituting “paragraph (9)(b), subsection (10) or paragraph (11.2)(c) or (11.3)(c)”;

(d) in subsection (13) in the portion preceding paragraph (a) by striking out “subsection (9) or (11)” and substituting “subsection (9), (11) or (11.3)”.

3 The heading “Record of convictions and assessment of points” preceding section 297 of the Act is repealed and the following is substituted:

Keeping of records and assessment of points

4 Section 297 of the Act is amended

(a) in subsection (1)

( i) in paragraph (c) by striking out “convictions and orders” and substituting “convictions, orders directing discharge and administrative sanctions”;

( ii) in paragraph (d) of the English version by striking out “orders” and substituting “orders directing discharge”;

(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) written statements of suspension and revocation provided to the person under section 310.01, 310.02 or 310.021;

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

(c) convictions entered against the person for an offence under subsection 320.14(1), 320.14(4) or 320.15(1) of the Criminal Code (Canada); and

(d) orders of suspensions served on the person under section 310.04 or 310.06.

( i) in the portion preceding paragraph a) of the French version by striking out “pour chaque déclaration de culpabilité ou chaque absolution conditionnelle” and substituting “pour chaque déclaration de culpabilité, chaque ordre de suspension ou chaque absolution conditionnelle”;

( ii) by adding after paragraph (d.4) the following:

(d.5) upon an order of suspension under section 310.06, 10 points;

5 Subsection 300(1) of the Act is amended by striking out “Subject to subsections (1.1), (2) and (2.1)” and substituting “Subject to subsections (1.1), (2) and (2.1) and section 310.06”.

6 Section 301 of the Act is amended

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

301( 1) On application, the Registrar shall issue a licence that is, subject to section 304, probationary

(a) subject to subsection 310.13(4), to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if, after service of the order of suspension or entry of the conviction that led to the registration, the person

( i) has not been subject to any subsequent order of suspension under section 310.06, and

( ii) has had no subsequent convictions entered against them,

(b) subject to paragraph (c), to a person when the period of suspension of the person’s driving privilege imposed under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1, subsection 310.06(13), (14) or (15), 310.18(2) or 310.18.1(2) or section 310.18.2 has elapsed, if the driving privilege that was suspended is reinstated, and, after service of the order of suspension or entry of the conviction that led to the suspension, the person

( i) has not been subject to any subsequent order of suspension under section 310.06, and

( ii) has had no subsequent convictions entered against them, and

(c) to a person when the period of suspension of the person’s driving privilege has been extended under subparagraph 310.18.4(3)(b)(ii) or (3.1)(b)(ii), at the expiry of that period, if, after service of the order of suspension or entry of the conviction that led to the suspension, the person

( i) has not been subject to any subsequent order of suspension under section 310.06, and

( ii) has had no subsequent convictions entered against them.

(b) in subsection (2)

( i) in paragraph (a)

( A) in the portion preceding subparagraph (i) of the English version by striking out “him or her” and substituting “the resident”;

( B) in subparagraph (i) of the French version by striking out “il a terminé” and substituting “il a suivi”;

( ii) in paragraph (a.1) of the English version by striking out “him or her” and “the Registrar, and” and substituting “the resident” and “the Registrar,”, respectively;

( iii) by adding after paragraph (a.1) the following:

(a.2) with respect to the suspension of the resident’s driving privilege under section 310.06, until the resident

( i) subject to section 310.18, has completed the alcohol ignition interlock device program referred to in section 310.12,

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

( iii) has paid the administrative penalty under subsection 310.06(13), (14) or (15), as the case may be,

(a.3) with respect to the suspension of the resident’s driving privilege under paragraph 310.01(4)(a) or (b), until the resident has paid the administrative penalty under section 310.011, and

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

(b) with respect to the suspension of the resident’s driving privilege under paragraph 310.01(4)(c), until the resident

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

( ii) has paid the administrative penalty under section 310.011.

7 Section 302 of the Act is amended

(a) in subsection (2) of the English version

( i) in paragraph (a) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( ii) in paragraph (b) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( iii) in paragraph (c) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

(b) in subsection (2.1) of the English version

( i) in paragraph (a) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( ii) in paragraph (b) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( iii) in paragraph (c) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( iv) in the portion following paragraph (c) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( i) in paragraph (a) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( ii) in paragraph (b) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( iii) in paragraph (c) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

( iv) in the portion following paragraph (c) by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

(d) in subsection (3)

( i) in paragraph (a) by striking out “his driving privilege suspended under subsection 298(4) or 300(1), or his driving privilege has been suspended under section 298.1 or subsection 300(1)” and substituting “that person’s driving privilege has been suspended under subsection 298(4) or 300(1) or section 310.06, or that person’s driving privilege has been suspended under section 298.1, subsection 300(1) or section 310.06”;

( ii) in the portion following paragraph (c) of the English version by striking out “revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege” and substituting “revoke the person’s licence and suspend the person’s driving privilege, or, if the person does not hold a licence, suspend the person’s driving privilege”;

(e) in subsection (5) of the English version by striking out “his driving privilege” and substituting “the person’s driving privilege”.

8 Section 304 of the Act is repealed and the following is substituted:

Idem

304 Despite section 303, when a person is the holder of a licence issued under section 301, without, for the periods referred to below, being subject to an order of suspension under section 310.06 or being convicted 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 orders of suspension under section 310.06 and for previous convictions shall be removed from that person’s record:

(a) with respect to a participant in the alcohol ignition interlock device program established under section 310.12, for a period of one year or for the duration of the program, whichever is longer; and

(b) with respect to any other person, for a period of one year.

9 The heading “Agreements respecting records of convictions outside Province” preceding section 307.1 of the Act is repealed and the following is substituted:

Agreements respecting records of convictions and of administrative sanctions outside Province

10 Section 307.1 of the Act is amended

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

307.1( 1) The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement with another province or a territory of Canada, with a State of the United States of America or with another country to provide and receive records of

(a) the convictions of a driver or non-resident driver of offences under the Criminal Code (Canada) involving the use of a motor vehicle,

(b) the orders directing discharge of a driver or 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 the Criminal Code (Canada) came into force,

(c) the convictions of a driver or non-resident driver of offences under a provincial statute or territorial ordinance involving the use of a motor vehicle,

(d) the convictions of a driver or non-resident driver of criminal or civil offences involving the use of a motor vehicle other than the convictions referred to in paragraphs (a) and (c), and

(e) the administrative sanctions imposed on a driver or non-resident driver relating to the use of a motor vehicle.

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

307.1( 5.1) Where, pursuant to an agreement entered into under subsection (1), the Registrar receives a record of an administrative sanction referred to in paragraph (1)(e) from another province or a territory of Canada, the Registrar shall assess points against the driver or non-resident driver under subsection 297(2) as if the administrative sanction had been imposed on the driver or non-resident driver in the Province.

307.1( 7) Where the Registrar receives a record referred to in subsection (5.1) from another province or a territory of Canada and the driver or non-resident driver is a person whose driving privilege has been suspended under section 310.06, paragraphs 310.06(14)(b) and (c) and (15)(b) and (c) apply as if the administrative sanction in respect of which the record was received had been imposed on the driver or non-resident driver in New Brunswick to the extent that the administrative sanction was imposed on the driver or non-resident driver by that other province or that territory under a provision of a statute of that other province or under a provision of an ordinance of that territory, as the case may be, that, in the opinion of the Registrar, is equivalent in substance and effect to section 310.06.

11 Section 310.01 of the Act is amended

(a) in subsection (1) by striking out “the peace officer may request the person to surrender the person’s licence” and substituting “the peace officer shall request the person to surrender the person’s licence”;

(b) in subsection (2) by striking out “a peace officer may request the person to surrender the person’s licence” and substituting “the peace officer shall request the person to surrender the person’s licence”;

(c) in subsection (2.1) by striking out “a peace officer may request the person to surrender the person’s licence” and substituting “the peace officer shall request the person to surrender the person’s licence”;

(d) in subsection (3) by striking out “a peace officer may request the person to surrender his licence” and substituting “a peace officer shall request the person to surrender the person’s licence”;

(e) in subsection (4) of the English version

( i) in the portion preceding paragraph (a) by striking out “his or her licence to the peace officer and, whether or not the person is unable or fails to surrender his or her licence, his or her licence” and substituting “the person’s licence to the peace officer and, whether or not the person is unable or fails to surrender the person’s licence, the person’s licence”;

( ii) in paragraph (d) by striking out “suspension of his or her driving privilege” and substituting “suspension of the novice driver’s driving privilege”;

( iii) in paragraph (e) by striking out “suspension of his or her driving privilege” and substituting “suspension of the novice motorcycle driver’s driving privilege”;

(f) in paragraph (6)(b) of the English version by striking out “his or her right to a second analysis before revoking the person’s driver’s licence and suspending his or her driving privilege” and substituting “the person’s right to a second analysis before revoking the person’s driver’s licence and suspending the person’s driving privilege”;

(g) in paragraph (10)(b) of the English version by striking out “his licence is revoked and privilege suspended” and substituting “the person’s licence is revoked and privilege suspended”;

(h) in subsection (11) in the portion preceding paragraph (a) by striking out “the peace officer may detain the motor vehicle and the vehicle shall be impounded” and substituting “the peace officer shall detain the motor vehicle and the vehicle shall be impounded”;

(i) in subsection (14) of the English version

( i) in the portion preceding paragraph (a) by striking out “his or her licence” and substituting “the person’s licence”;

( ii) in paragraph (d) by striking out “surrendering his or her licence if it has not been previously surrendered, unless he or she certifies” and substituting “surrendering the person’s licence if it has not been previously surrendered, unless the person certifies”;

(j) in subsection (17) of the English version by striking out “he or she wishes” and substituting “the person wishes”;

(k) in paragraph (21)(a) of the English version by striking out “the person was advised of his or her right” and substituting “the person was advised of the person’s right”;

(l) in subsection (22)

( i) in the portion preceding paragraph (a) by striking out “return any licence surrendered and direct that the fees paid for the application for review be refunded” and substituting “return any licence surrendered and direct that any administrative penalty paid under section 310.011 and the fees paid for the application for review be refunded”;

( ii) in paragraph (a) of the English version by striking out “the person was not advised of his or her right to request” and substituting “the person was not advised of the person’s right to request”;

(m) in subsection (22.1) in the portion preceding paragraph (a) by striking out “return any licence surrendered and direct that the fees paid for the application for review be refunded” and substituting “return any licence surrendered and direct that any administrative penalty paid under section 310.011 and the fees paid for the application for review be refunded”;

(n) in subsection (25) of the English version by striking out “his or her last known address” and substituting “the applicant’s last known address”.

12 The Act is amended by adding after section 310.01 the following:

Administrative penalties – revocation and suspension under section 310.01

310.011( 1) A person is liable to pay an administrative penalty in the amount prescribed in the regulations if the person’s licence is revoked and the person’s driving privilege is suspended under paragraph 310.01(4)(a), (b) or (c), as the case may be.

310.011( 2) The Lieutenant-Governor in Council may make regulations prescribing the amount of an administrative penalty under subsection (1), which amount may vary depending on whether the revocation and suspension is under paragraph 310.01(4)(a), (b) or (c).

13 Section 310.03 of the Act is amended in the portion preceding paragraph (a) by striking out “section 310.02 or 310.04” and substituting “section 310.02, 310.04 or 310.06”.

14 Section 310.031 of the Act is amended in the portion preceding paragraph (a) by striking out “section 310.021 or 310.04” and substituting “section 310.021, 310.04 or 310.06”.

15 Section 310.04 of the Act is amended

(a) in subsection (2)

( i) by striking out the portion preceding paragraph a) of the French version and substituting the following:

310.04( 2) Un agent de la paix prend les mesures prévues au paragraphe (3) si, relativement à la conduite ou à la garde ou au contrôle d’un véhicule à moteur, il a des motifs de croire :

( ii) in paragraph (a) of the English version by striking out “his or her blood” and substituting “the person’s blood”;

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

(b) has reason to believe that the person, while having alcohol in the person’s 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).

(b) in subsection (2.1)

( i) by striking out the portion preceding paragraph a) of the French version and substituting the following:

310.04( 2.1) Un agent de la paix prend les mesures prévues au paragraphe (3) si, relativement à la conduite ou à la garde ou au contrôle d’un véhicule à moteur :

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

(b) the peace officer has reason to believe that the person, while having a drug in the person’s body, failed or refused to comply with 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 the Criminal Code (Canada).

(c) in paragraph (3)(a) of the English version by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

(d) in paragraph (6)(e) of the English version by striking out “his or her driving privilege” and substituting “the person’s driving privilege”;

(e) in subsection (7.1)

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

(a) for 30 days from the date it was detained if

( i) the person has not been subject to an order of suspension under section 310.06 in the ten years preceding the date of the suspension, and

( ii) the person has had no convictions under subsection 320.14(1), 320.14(4) or 320.15(1) of the Criminal Code (Canada) in the ten years preceding the date of the suspension, or

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

(b) for 60 days from the date it was detained if

( i) the person has been subject at least once to an order of suspension under section 310.06 in the ten years preceding the date of the suspension, or

( ii) the person has had at least one conviction under subsection 320.14(1), 320.14(4) or 320.15(1) of the Criminal Code (Canada) in the ten years preceding the date of the suspension.

(f) in subsection (9) of the French version by striking out “la date de la suspension” and substituting “la date de prise d’effet de la suspension”;

(g) in subsection (10) of the French version by striking out “la date de la suspension” and substituting “la date de prise d’effet de la suspension”;

(h) by adding after subsection (10) the following:

310.04( 11) This section does not apply if a peace officer takes action under subsection 310.06(4).

16 The Act is amended by adding after section 310.05 the following:

Immediate roadside suspension

310.06( 1) In this section, “motor vehicle” includes a farm tractor.

310.06( 2) Subject to subsection (5), a peace officer may take action under subsection (4) if in relation to a person’s operation, or care or control, of a motor vehicle, the peace officer

(a) by reason of an analysis of the breath or blood of a person has reason to believe that the person has consumed alcohol in such a quantity that the concentration of it in the person’s blood is equal to or exceeds 80 mg of alcohol in 100 ml of blood, or

310.06( 3) Subject to subsection (5), a peace officer may take action under subsection (4) if in relation to a person’s operation, or care or control, of a motor vehicle,

(a) on 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

310.06( 4) On any ground described in subsection (2) or (3) and subject to subsection (5), the peace officer, on behalf of the Registrar, may

(a) if the person holds a valid licence issued under this Act, immediately take possession of the licence, revoke the person’s licence and suspend the person’s driving privilege by serving on the person an order of suspension,

(b) if the person holds a valid out-of-province driver’s licence, immediately suspend the person’s driving privilege by serving on the person an order of suspension, and

(c) if the person does not hold a valid licence or out-of-province driver’s licence, immediately suspend the person’s driving privilege by serving on the person an order of suspension.

310.06( 5) The peace officer shall not take action under subsection (4) if, in the opinion of the peace officer,

(a) the person’s operation, or care or control, of a motor vehicle has resulted in serious bodily harm to or the death of another person, or

(b) the motor vehicle being operated by, or under the care or control of, the person had as a passenger a person under 16 years of age.

310.06( 6) When an analysis of the breath of a person is made under subsection (2) by an approved screening device and produces 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,

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

(b) the peace officer shall advise the person of the person’s right to a second analysis before revoking the person’s licence or suspending the person’s driving privilege.

310.06( 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.

310.06( 8) If a driver provides a sample of breath for a second analysis, the lower of the first and second analysis results shall govern for the purposes of this section.

310.06( 9) A peace officer who serves an order under subsection (4) shall without delay forward to the Registrar

(a) the person’s licence, if one has been surrendered,

(b) a copy of the completed order sworn or solemnly affirmed by the peace officer,

(d) a copy of any certificate of analysis under section 320.32 of the Criminal Code (Canada) with respect to the person described in subsection (4), and

(e) in the case of a revocation of a person’s licence and the suspension of the person’s driving privilege resulting from the analysis of a sample of breath, information relating to the calibration of the approved instrument on the basis of which the order of suspension was served.

310.06( 10) The order of suspension and report of the peace officer referred to in this section shall be in the form, contain the information and be completed in the manner required by the Registrar.

310.06( 11) For the purposes of subsection (12), a suspension includes a revocation.

310.06( 12) For the purposes of subsections (13), (14), (15) and (20) and paragraph 310.07(6)(f), a suspension is

(a) a first suspension if, in the ten-year period preceding the date of the suspension, the person concerned

( i) has not been the subject of a suspension under this section, and

( ii) has not been convicted of an offence under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada);

(b) a second suspension if, in the ten-year period preceding the date of the suspension, the person concerned

( i) has been subject to one suspension under this section, or

( ii) has been convicted of one offence under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada);

(c) a third or subsequent suspension if, in the ten-year period preceding the date of the suspension, the person concerned

( i) has been subject to at least two suspensions under this section,

( ii) has been convicted of at least two offences under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada), or

( iii) has been subject to at least one suspension under this section and has been convicted of least one offence under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada).

310.06( 13) Except as otherwise decided by the Registrar under section 310.07, in the case of a first suspension,

(a) the peace officer shall detain the motor vehicle and the motor vehicle shall be impounded for 30 days from the date it was detained,

(b) if the person holds a valid licence, the person’s licence is revoked and the person’s driving privilege is suspended for 15 months from the effective date of the suspension,

(c) if the person does not hold a valid licence or holds a valid out-of-province driver’s licence, the person’s driving privilege is suspended for 15 months from the effective date of the suspension, and

(d) the person shall pay an administrative penalty in the amount prescribed by regulation.

310.06( 14) Except as otherwise decided by the Registrar under section 310.07, in the case of a second suspension,

(a) the peace officer shall detain the motor vehicle and the motor vehicle shall be impounded for 60 days from the date it was detained,

(b) if the person holds a valid licence, the person’s licence is revoked and the person’s driving privilege is suspended for 39 months from the effective date of the suspension,

(c) if the person does not hold a valid licence or holds a valid out-of-province driver’s licence, the person’s driving privilege is suspended for 39 months from the effective date of the suspension, and

(d) the person shall pay an administrative penalty in the amount prescribed by regulation.

310.06( 15) Except as otherwise decided by the Registrar under section 310.07, in the case of a third or subsequent suspension,

(a) the peace officer shall detain the motor vehicle and the motor vehicle shall be impounded for 60 days from the date it was detained,

(b) if the person holds a valid licence, the person’s licence is revoked and the person’s driving privilege is suspended for 63 months from the effective date of the suspension,

(c) if the person does not hold a valid licence or holds a valid out-of-province driver’s licence, the person’s driving privilege is suspended for 63 months from the effective date of the suspension, and

(d) the person shall pay an administrative penalty in the amount prescribed by regulation.

310.06( 16) On receiving a copy of an order of suspension, the Registrar shall send a notice to the person who is subject to the order of suspension confirming the contents of the order and setting out the requirements the person must fulfil to have their driving privilege reinstated.

310.06( 17) Section 310.2 applies to the detention and impoundment of a motor vehicle under paragraph (13)(a), (14)(a) or (15)(a).

310.06( 18) If a person who holds a licence does not surrender it, the person’s licence is nevertheless revoked.

310.06( 19) The penalties under this section are in addition to and not in substitution for any penalties and proceedings arising from the same circumstances.

310.06( 20) The Lieutenant-Governor in Council may make regulations prescribing the amount of an administrative penalty under this section, which amount may vary depending on whether it is a first, second, third or subsequent suspension.

Review − immediate roadside suspension

310.07( 1) Within 15 days after the service of an order of suspension referred to in section 310.06, a person may apply for review of the order of suspension by

(a) filing an application for review with the Registrar,

(b) paying the prescribed fee and, if an oral hearing is requested, the prescribed oral hearing fee,

(d) surrendering the person’s licence if it has not been previously surrendered, unless the person certifies to the Registrar that the licence has been lost or destroyed.

310.07( 2) The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.

310.07( 3) The application for review may be accompanied by sworn or solemnly affirmed statements or other evidence that the person wishes the Registrar to consider.

310.07( 4) An application does not stay any revocation of a licence or suspension of driving privilege under section 310.06.

310.07( 5) The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.

310.07( 6) In a review under this section, the Registrar shall consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information,

(b) the report of the peace officer,

(c) the contents of a copy of any certificate of analysis under section 320.32 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy,

(d) if an oral hearing is held, in addition to the matters referred to in paragraphs ( a) to ( c), any relevant evidence and information given or representations made at the hearing,

(e) the contents of a copy of the order of suspension,

(f) in the case of a second, third or subsequent suspension, the record in respect of the applicant as provided in subsection 297(1.1), and

(g) any other relevant documents and information, including reports that have not been sworn or solemnly affirmed, forwarded to the Registrar by a peace officer, including the officer who served the order of suspension.

310.07( 7) In the case of an order of suspension based on the ground set out in paragraph 310.06(2)(a), the Registrar shall sustain the order of suspension if, after considering the application for review, the Registrar is satisfied that the applicant was the driver and that

(a) the approved instrument produced a result indicating the presence of alcohol in the applicant’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,

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

(c) in the case of an applicant 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 order of suspension was served on the applicant on the basis of the lower analysis result.

310.07( 8) In the case of an order of suspension based on the ground set out in paragraph 310.06(2)(b), the Registrar shall sustain the order of suspension if, after considering the application for review, the Registrar is satisfied that the applicant was the driver and that the applicant 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).

310.07( 9) In the case of an order of suspension based on the ground set out in paragraph 310.06(3)(a), the Registrar shall sustain the order of suspension if, after considering the application for review, the Registrar is satisfied that the applicant was the driver and that

(a) the evaluating officer had the required qualifications, and

(b) the performance of the applicant on the evaluation amounts to a poor performance.

310.07( 10) In the case of an order of suspension based on the ground set out in paragraph 310.06(3)(b), the Registrar shall sustain the order of suspension if, after considering the application for review, the Registrar is satisfied that the applicant was the driver and that the applicant failed or refused to comply with 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 the Criminal Code (Canada).

310.07( 11) In the case of an order of suspension based on the ground set out in paragraph 310.06(2)(a), the Registrar shall revoke the order of suspension, return any licence surrendered and direct that any administrative penalty paid under section 310.06 and the fees paid for the application for review be refunded if, after considering the application for review, the Registrar is not satisfied that the applicant was the driver or is satisfied that

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

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

(c) in the case of an applicant 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 order of suspension was not served on the applicant on the basis of the lower analysis result.

310.07( 12) In the case of an order of suspension based on the ground set out in paragraph 310.06(2)(b), the Registrar shall revoke the order of suspension, return any licence surrendered and direct that any administrative penalty paid under section 310.06 and the fees paid for the application for review be refunded if, after considering the application for review, the Registrar is not satisfied that the applicant was the driver or is satisfied that the applicant 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).

310.07( 13) In the case of an order of suspension based on the ground set out in paragraph 310.06(3)(a), the Registrar shall revoke the order of suspension, return any licence surrendered and direct that any administrative penalty paid under section 310.06 and the fees paid for the application for review be refunded if, after considering the application for review, the Registrar is not satisfied that the applicant was the driver or is satisfied that

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

(b) the performance of the applicant on the evaluation did not amount to a poor performance.

310.07( 14) In the case of an order of suspension based on the ground set out in paragraph 310.06(3)(b), the Registrar shall revoke the order of suspension, return any licence surrendered and direct that any administrative penalty paid under section 310.06 and the fees paid for the application for review be refunded if, after considering the application for review, the Registrar is not satisfied that the applicant was the driver or is satisfied that the applicant did not fail or refuse to comply with 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 the Criminal Code (Canada).

310.07( 15) The Registrar shall

(a) if no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and

(b) if an oral hearing is requested, hold the hearing within 20 days after compliance with subsection (1).

310.07( 16) Despite subsection (15), the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.

310.07( 17) If the applicant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the applicant.

310.07( 18) The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date on which the application was considered or the hearing held by the Registrar by registered or certified mail to the applicant at the applicant’s last known address as shown on the applicant’s licence and to the address shown in the application, if that address is different from the address of record.

310.07( 19) The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.

Surcharge – Victims Services Act

310.08 Despite any provision of another Act of the Legislature, the Registrar may waive the surcharge provided for in paragraph 15(1)(d) of the Victims Services Act if the Registrar is of the opinion that the surcharge would cause undue hardship to the person on whom an administrative penalty has been imposed.

17 Subsection 310.1(1) of the Act is amended by striking out “section 310.04” and substituting “section 310.04 or 310.06”.

18 Section 310.13 of the Act is amended

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

310.13( 1) Unless the court orders otherwise and subject to subsections (1.1) and (2), the Registrar shall register a person in the program if

(a) the person is convicted of an offence under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada) and the licence of the person is revoked and the driving privilege of the person is suspended under paragraph 300(1)(a), subsection 302(2.1) or (2.2) or 302.1(1), or

(b) the person is subject to an order of suspension under section 310.06 and the licence of the person is revoked and the driving privilege of the person is suspended under subsection 310.06(13), (14) or (15).

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

310.13( 1.1) The Registrar shall not register a person in the program who is convicted of an offence under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada) related to drugs not in combination with alcohol or whose licence is revoked and driving privilege is suspended under paragraph 300(1)(a), subsection 302(2.1) or (2.2) or 302.1(1) if the revocation and suspension is related to drugs not in combination with alcohol.

(c) in subsection (2) by striking out “subsection 84(11), 84.11(8), 310.02(6) or 310.021(7)” and substituting “subsection 84(11) or (12.02), 84.11(8) or (11.1), 310.02(6), 310.021(7) or 310.06(13), (14) or (15)”;

(d) in subsection (4)

( i) in the portion preceding paragraph (a) of the English version by striking out “his or her” and substituting “the person’s”;

( ii) in paragraph (a)

( A) in the portion preceding subparagraph (i) by striking out “mandatory participant” and substituting “mandatory participant registered in the program under paragraph (1)(a)”;

( B) in subparagraph (iii) of the English version by striking out “and” and the end of the subparagraph;

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

(a.1) if the person is a mandatory participant registered in the program under paragraph (1)(b),

( i) the expiry of the period of three months beginning on the effective date of the suspension of the person’s driving privilege under subsection 310.06(13), (14) or (15), as the case may be,

( ii) the person has successfully completed the impaired driver re-education course referred to in subsection 301(2),

( iii) the person has paid the administrative penalty under paragraph 310.06(13)(d), (14)(d) or (15)(d), as the case may be, and

( iv) the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person’s participation in the program, and

(e) in subsection (5) by striking out “paragraph 310.01(4)(c) or subsection 310.04(9), as the case may be” and substituting “paragraph 310.01(4)(c) or subsection 310.04(9) or 310.06(13), (14) or (15), as the case may be”;

(f) in subsection (5.1) by striking out “mandatory participant” and substituting “mandatory participant registered in the program under paragraph (1)(a)”;

(g) by adding after subsection (5.1) the following:

310.13( 5.2) Subject to section 310.18.4, if a person is a mandatory participant registered in the program under paragraph (1)(b), the person’s participation in the program ends on the date the period of suspension imposed under subsection 310.06(13), (14) or (15), as the case may be, would have elapsed had the person not participated in the program.

(h) in paragraph (7)(a) of the English version by striking out “his or her” and substituting “the person’s”.

19 Subsection 310.18(2) of the Act is amended by striking out “his or her driving privilege imposed under paragraph 300(1)(a) or subsection 302(2.1), (2.2) or 302.1(1)” and substituting “the person’s driving privilege imposed under paragraph 300(1)(a) or subsection 302(2.1) or (2.2), 302.1(1) or 310.06(13), (14) or (15), as the case may be,”.

20 Section 310.18.4 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) of the English version by striking out “his or her” and substituting “the participant’s”;

( ii) in paragraph (c) by striking out “subparagraph 310.13(4)(a)(ii) or (iii) or subsection 310.13(7)” and substituting “subparagraph 310.13(4)(a)(ii) or (iii) or (a.1)(ii), (iii) or (iv), as the case may be, or subsection 310.13(7)”;

(b) in subsection (3)

( i) in the portion preceding paragraph (a) by striking out “With respect to a mandatory participant” and substituting “With respect to a mandatory participant registered in the program under paragraph 310.13(1)(a)”;

( ii) in subparagraph (a)(ii) of the English version

( A) in subclause (A)(II) by striking out “his or her” and substituting “the person’s”;

( B) in clause (B) by striking out “his or her” and substituting “the person’s”;

310.18.4( 3.1) With respect to a mandatory participant registered in the program under paragraph 310.13(1)(b), on receiving the recommendations of the advisory committee established under subsection (4) and subject to subsection (6), the Registrar may

(a) with respect to an extension of the program under subsection (1),

( i) for the circumstances referred to in paragraphs (1)(a) and (b), extend the participation of the person in the program for a period no longer than the period originally imposed under subsection 310.06(13), (14) or (15), as the case may be;

( ii) for the circumstance referred to in paragraph (1)(c),

( A) take the following action until the person conforms with the requirements of subparagraph 310.13(4)(a.1)(i), (ii) or (iii) or paragraph 310.13(7)(b), as the case may be:

( I) suspend the person from participation in the program;

( II) order the authorized service provider to remove the alcohol ignition interlock device from the person’s vehicle;

( III) revoke the person’s probationary licence issued under paragraph 301(1)(a); or

( IV) suspend the person’s driving privilege;

( B) reinstate, once the person complies with subparagraph 310.13(4)(a.1)(i), (ii) or (iii) or paragraph 310.13(7)(b), as the case may be, the person in the program for a period equivalent to the remaining mandatory period, if the person’s participation in the program was not suspended under clause (A);

( C) extend, once the period referred to in clause (B) has ended, the person’s participation in the program for a period no longer the period originally imposed under subsection 310.06(13), (14) or (15), as the case may be;

(b) with respect to an extension of the program under subsection (2),

( i) end the suspension of the person’s driving privilege; or

( ii) extend the suspension of the person’s driving privilege for a period no longer than the period originally imposed under subsection 310.06(13), (14) or (15), as the case may be.

(d) in subsection (6) in the portion preceding paragraph (a) by striking out “subsection (3)” and substituting “subsection (3) or (3.1)”;

(e) in subsection (8) by striking out “his or her driving privilege, as the case may be, shall continue until the Registrar makes a decision under subsection (3)” and substituting “the mandatory participant’s driving privilege, as the case may be, shall continue until the Registrar makes a decision under subsection (3) or (3.1)”.

21 Section 310.2 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “310.021(12) or (12.1), 310.04(7.1) or 345(3)” and substituting “310.021(12) or (12.1), 310.04(7.1), 310.06(13), (14) or (15) or 345(3)”;

(b) in subsection (3) of the English version by striking out “his or her” and substituting “their”;

(d) in subsection (12) of the English version by striking out “him or her” and substituting “the person”;

(e) in subsection (22) by striking out “310.021(12) or (12.1), 310.04(7.1) or 345(3)” and substituting “310.021(12) or (12.1), 310.04(7.1), 310.06(13), (14) or (15) or 345(3)”;

(f) in subsection (23) by striking out “310.021(12) or (12.1), 310.04(7.1) or 345(3)” and substituting “310.021(12) or (12.1), 310.04(7.1), 310.06(13), (14) or (15) or 345(3)”.

22 Subsection 311(2) of the Act is amended by adding after paragraph (a) the following:

(a.1) where the revocation and suspension was the first revocation and suspension of the applicant’s licence and driving privilege under section 310.06 in the three years preceding the date of the revocation and suspension, or the suspension was the first suspension of the applicant’s driving privilege under section 310.06 in the three years preceding the date of the suspension,

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

Reinstatement of licence and driving privilege

315( 1) Subject to subsection (2), 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 ordered by a judge of The Court of King’s Bench of New Brunswick under subsection 313(4).

315( 2) If 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 or who is subject to an order of suspension under section 310.06, the Registrar shall, subject to subsection (3), issue to the person a licence that the person would have been entitled to under section 301 at the expiry of the person’s period of suspension.

315( 3) The Registrar shall issue a licence to a person under subsection (2) only if all the conditions imposed under section 301 have been met.

24 Section 345 of the Act is amended

(a) in subsection (1) of the English version by striking out “his” and substituting “the person’s”;

(b) in subsection (2) of the English version by striking out “his” and substituting “the person’s”;

(c) in subsection (3) by striking out “his or her driving privilege is suspended under section 310.01, 310.02, 310.021 or 310.04” and substituting “the person’s driving privilege is suspended under section 310.01, 310.02, 310.021, 310.04 or 310.06”.

TRANSITIONAL PROVISION, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Transitional provision

25 A person who, on the commencement of this section, is a mandatory participant in the alcohol ignition interlock device program and who was registered under subsection 310.13(1) of the Motor Vehicle Act as it read immediately before the commencement of this section shall be deemed to be registered under paragraph 310.13(1)(a) of the Motor Vehicle Act, as enacted by paragraph 18(a) of this Act.

Victims Services Act

26 Section 15 of the Victims Services Act, chapter 113 of the Revised Statutes, 2016, is amended

(a) in subsection (1)

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

( ii) in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;

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

(d) who makes a payment of an administrative penalty under section 310.011 or 310.06 of the Motor Vehicle Act.

(b) in subsection (5) by striking out “paragraph (1)(b) or (c)” and substituting “paragraph (1)(b), (c) or (d)”;

Commencement

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