Bill 43 — First Session, 21St Legislature, 35 Elizabeth Ii the Legislative Assembly of Alberta Bill 43 Motor Vehicle Statutes Amendment Act, 1986 the Solicitor General (Legislature 21, Session 1)

L21 S1 3229

Alberta — Bills

1986 BILL 43 First Session, 21st Legislature, 35 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 43 MOTOR VEHICLE STATUTES AMENDMENT ACT, 1986 THE SOLICITOR GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bid 43 BILL 43 1986 MOTOR VEHICLE STATUTES AMENDMENT ACT, 1986 (Assented to , 1986) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Highway Traffic Act 1(1) The Highway Traffic Act is amended by this section.

(2) Section l(j)(

i) and (ii) are repealed. Motor Vehicle Administration Act 2(1) The Motor Vehicle Administration Act is amended by this sec tion.

(2) Section 1 is amended (

a) in clause (j) (

i) by repealing subclauses (

i) and (ii); (ii) as to subclause (

v) by striking out "motor and" and sub stituting "motor"; (

b) by repealing clause (

k) and substituting the following: (k) "motor cycle" means a motor vehicle mounted on 2 wheels and includes

Explanatory Notes Highway Traffic Act 1(1) This

section will amend

chapter H-7 of the Revised Statutes of Alberta 1980.

(2) Section l(

j) presently reads: / In this Act (j) "moped" means a vehicle, regardless of the number of wheels it has, that (

i) may be propelled by muscular or mechanical power (ii) is fitted wUh pedals that are continually operable to propel U, (iii) weighs more than 35 kilograms but less than 55 kilograms, (iv) has a motor that is driven by electricity or has an engine displacement of not more than 50 cubic centimetres, (

v) has no hand-operated or foot-operated clutch or gearbox dri ven by the motor transferring power to the driven wheel, and (vi) does not have sufficient power to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start; l\1otor Vehicle Administration Act 2(1) This

section will amend

chapter M-22 of the Revised Statutes of Alberta 1980.

(2) Section l(

j) and (

k) presently read: / In this Act, (j) "moped" means a vehicle, regardless of the number of wheels U has, that (

i) may be propelled by muscular or mechanical power or partly by muscular power and partly by mechanical power (ii) is fitted with pedals that are continually operable to propel it, (iii) weighs more than 35 kilograms but less than 55 kilograms. Explanatory Notes

(

i) those motor vehicles known to the trade as motor cycles or scooters, and (ii) motor cycles modified to have 3 wheels, but does not include a moped;

(3) Section 3 is repealed and the following is substituted: 3(1) The Minister may, on any terms or conditions he directs, authorize the Registrar to cause any item, including a document, a class of document, a copy of a document or a document re corded on a photographic medium, computer tape or other sim ilar device, that is filed or maintained in his office under this Act to be reproduced on a photographic medium, computer tape or similar device.

(2) A reproduction of an item referred to in subsection (1) (

a) stands in the place of the original item, (

b) shall be treated as the original item for all purposes under this Act, and (

c) is admissible in evidence in any court of law in the same manner and for all purposes as if it were the original item.

(3) When the Minister is of the opinion that an item or a repro duction of an item referred to in subsection (1) is no longer re quired he may, on any terms or conditions he directs, authorize the Registrar, subject to subsection (4), to destroy or dispose of the item or its reproduction, as the case may be.

(4) The destruction or disposal of any item or its reproduction under this

section shall be carried out subject to the regulations made under

section 21 of the Department of Public Works, Sup ply and Services Act.

(4) Section 5 is amended (

a) in subsection (

I) by striking out "a subsisting" and substituting an"; (

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

(1.1) No person shall drive a motor vehicle on a highway at any time during which (

a) his operator's licence is suspended or cancelled under this Act, (

b) he is disqualified from holding an operator's licence under this Act,

(iv) has a motor that is driven by electricity or has an engine displacement of not more than 50 cubic centimetres, (

v) has no hand-operated or foot-operated clutch or gearbox dri ven by the motor and transferring power to the driven wheel, and (vi) does not have sufficient power to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start, but does not include a bicycle or power bicycle; (k) "motor cycle" means a motor vehicle mounted on 2 wheels and includes those motor vehicles known to the trade as motor cycles or scooters and motor cycles modified to have 3 wheels but does not include an off-highway vehicle as defined in the Off-highway Vehicle Act or a moped;

(3) Section 3 presently reads: 3 The Minister may authorize the Registrar (

a) to cause any document, class of documents or copies of documents filed in his office under this Act to be photographed on microfilm, and (

b) thereafter to destroy the document or documents or copies or dis pose of them in accordance with his direction, and the microfilm for the purposes of this Act shad be the original docu ments or copies and is admissible in evidence in any court of law in like manner and for all purposes as are the documents so photographed.

(4) Section 5(1), (2) and (6) presently read: 5(1) No person shall drive a motor vehicle on a highway unless he is the holder of a subsisting operator's licence. (2) Subsection (1) does not apply to a person who is undergoing a driver's examination conducted by an authorized driver examiner

(6) Any person who contravenes subsection (1) is guilty of an offence. Explanatory Notes

(

c) his licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is suspended or cancelled, or (

d) his privilege to secure a licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is sus pended or cancelled. (

c) in subsection (2) by striking out "Subsection (1) does" and substituting''''^\xh?,ec\\ons (1) and (1.1) do"; (

d) by repealing subsection (6) and substituting the following:

(6) A person who contravenes (a) subsection (1) is guilty of an offence and is liable to the penalty provided for under

section 101(1), or (b) subsection (1.1) is guilty of an offence and is liable to the penalty provided for under sections 101(2) and 106(7).

(5) Section 13 is repealed and the following is substituted: 13 When a person to whom an operator's licence is issued changes his name or address, or both, that person shall forthwith notify the Registrar of his new name or address, or both, as the case may be.

(6) Section 17(1) is repealed and the following is substituted: 17(1) When, under this Act or by any order or judgment made under this or any other Act, (

a) a person's operator's licence is suspended, that licence remains suspended, notwithstanding that the period of sus pension has expired, or (

b) a person is disqualified from holding an operator's lic ence, that disqualification remains in effect, notwithstanding that the period of disquahfication has expired, until that person does one or more of the following as required by the Minister: (

c) passes a physical examination that indicates that the per son is, to the satisfaction of the Minister, physically compe tent to drive a motor vehicle without endangering the safety of the general public; (

d) completes a course respecting alcohol or drug abuse, driver training, driver competence, driver awareness or motor ve hicle operation as directed by the Minister; (

e) demonstrates, to the satisfaction of the Minister, by ex amination or otherwise, that the person is competent to drive a motor vehicle without endangering the safety of the general pubhc.

(7) Section 40 is amended (

a) by repealing subsection (5); (

b) by repealing subsection (8) and substituting the following:

(8) When (

a) the ownership of a public vehicle, other than a public vehicle used for the transportation of goods or passengers

(5) Section 13 presently reads: 13 On every change of his address or change of name or both, the person to whom an operator's licence is issued shall, in the manner prescribed by the regulations, forthwith notify the Minister in writing of the change.

(6) Section 17(1) presently reads: 17(1) When by or under this Act or by any order or judgment made under this or any other Act (

a) the operator's licence of a person is suspended, or (

b) a person is disqualified from holding an operator's licence, then, notwithstanding that the period of suspension or disqualification has expired, the licence remains suspended or the disqualification remains in effect, as the case may be, untd the time the person satisfies the Minister by examination or otherwise, of his physical or other competency to drive a motor vehicle without endangering the safety of the general public.

(7) Section 40(5) and (8) presently read:

(5) The new owner of the public vehicle or his legal representative may, not later than the 14th day after the ownership passes, apply to the Min ister for (

a) the registration of the public vehicle in the name of the new owner or his legal representative, and (

b) the transfer of the licence plates accordingly 3 ExplanatorN Notes

for compensation, passes from one person to another per son, and (

b) the new owner of that pubhc vehicle intends (

i) to apply for the registration of the public vehicle in his name, and (ii) to have reissued to him for use on that public vehicle licence plates issued to him with respect to the registration of another motor vehicle, the new owner may, notwithstanding sections 34 and 51, (

c) display those licence plates on that public vehicle, and (

d) operate or permit another person to operate that pub lic vehicle on a highway, for not more than 14 days from the date that the ownership of that public vehicle passes to him.

(8) Section 45 is repealed and the following is substituted: 45 When a person to whom a certificate of registration or a permit is issued changes his name or address, or both, that person shall forthwith notify the Registrar of his new name or address, or both, as the case may be.

(9) The following is added after

section 46: 46.1(1) Notwithstanding

section 46, the Minister may, for the purposes of commemorating a particular event, issue or permh the issuing of commemorative licence plates relating to that event.

(2) For the purposes of subsection (1), the Minister may make regulations (

a) authorizing an organization or a person to issue and sell commemorative licence plates for use on motor vehicles; (

b) goveming the design of commemorative licence plates; (

c) goveming the use and display of commemorative licence plates; (

d) goveming the period during which commemorative lic ence plates win be valid for use on motor vehicles; (

e) goveming the issue of certificates of registration in respect of commemorative licence plates; (

f) goveming fees that may be charged in respect of com memorative licence plates; (

g) authorizing the fees in whole or part to accme to the or ganization or person authorized to issue and sell the com memorative licence plates.

(3) No person shall display a commemorative licence plate on a motor vehicle in the place of a licence plate issued under

section 46 other than as permitted under this section

(8) When the ownership of a public vehicle, other than a public vehicle used for the transportation of goods or passengers for compensation, passes from one person to another and the new owner intends to apply for the registration of the public vehicle in his name and intends to apply (

a) to have transferred to him the licence plates issued to the registered owner of that public vehicle, or (

b) to have reissued to him for use on that public vehicle licence plates issued to him on the registration of another motor vehicle, then, notwithstanding sections 34 and 51, the new owner may display those licence plates on the public vehicle and operate or permU another person to operate the public vehicle on a highway for not more than 14 days after the ownership passes to him.

(8) Section 45 presently reads: 45 On every change of his address or change of name, the person to whom a certificate of registration or permit under this Act is issued shad, in the manner prescribed by regulation, forthwith in writing notify the Minister of the change.

(9) Commemorative licence plates. Explanatory Notes

(10) Section 59(2) is amended by adding the following after clause (k): (k.

l) governing the release of information under

section 81(3);

(11) Section 66 is repealed and the following is substituted: 66 On request the Minister (

a) may fumish an abstract of the driving record of a person (

i) to that person, (ii) for the 3-year period or a greater period preceding the request as permitted by the Minister, to an insurer or surety, if (

A) the abstract is required for the purposes of deter mining whether to grant or maintain motor vehicle insurance in respect of that person, and (

B) the insurer or surety, as the case may be, has a written authorization from that person authorizing the abstract to be released to the insurer or surety, (ui) to a peace officer, (iv) to an employer or prospective employer of that per son if the employer or prospective employer has a written authorization from that person authorizing the abstract to be released to the employer or prospective employer, (

v) to a parent or guardian of that person if, under

section 11, that person requires the signature of that parent or guardian on his operator's licence application, or (vi) to a lawyer of that person if the lawyer has a written authorization from that person authorizing the abstract to be released to that lawyer, and (

b) shall fumish to a person who is injured or whose property is damaged by a motor vehicle, or to that person's personal representative, in the case where that person is killed by a motor vehicle, any information on the Govemment's records pertaining to the proof of financial responsibility of any owner or driver of the motor vehicle.

(12) Section 69(2) is repealed and the following is substituted:

(2) A financial responsibility card issued under this

section shall be in a form approved by the Superintendent of Insurance.

(13) Section 70(4) is amended by striking out "and is liable to a fine of not more than $5".

(10) Section 59(2)(

k) presently reads:

(2) The Minister may make orders (

k) prescribing the manner in which assigned identification numbers are to be attached to vehicles or serially numbered parts;

(11) Section 66 presently reads: 66(1) On the written request of any person the Minister may, in his dis cretion, furnish to an insurer or surety an abstract of the driving record of any person covering the 3 year period immediately preceding the request or a greater period that the Minister in his discretion, allows, if the ab stract of the driving record is required for the purposes of assessing an applicant for motor vehicle insurance or a person whose motor vehicle is insured by that insurer or surety.

(2) The Minister on written request, shad furnish any person who may have been injured in person or property by any motor vehicle, with all information of record in his office pertaining to the proof of financial responsibility furnished pursuant to this Part of any owner or driver of any motor vehicle.

(3) On the written request of any person, the Minister may, in his discre tion, issue an abstract of the driver's record of that person to the person's employer or a prospective employer

(4) On the written request of any person, the Minister may, in his discre tion, furnish a certified abstract of the driving record of that person to a barrister and solicitor

(5) On written request the Minister may, in his discretion, furnish to a parent or guardian of any person requiring the signature of a parent or guardian on his licence application as provided in

section 11, a certified abstract of the driving record of that person covering the 3 year period immediately preceding the request or a greater period that the Minister in his discretion, allows.

(12) Section 69(2) presently reads:

(2) A financial responsibihty card issued under this

section shall be in a form approved by the Superintendent of Insurance and shall be signed in handwriting and in ink, wUh his normal signature, by the person for whose use the card or additional card is issued, and the card shall bear the number of the operator's licence held by him as at the date on which the card is issued.

(13) Section 70(4) presently reads:

(4) An operator owner or person having the care and control of a motor vehicle who fails to produce a financial responsibility card as required by subsection (1), (2) or (3) is guilty of an offence and is liable to a fine of not more than $5. 5 Explanatory Notes

(16) Section 87 is amended by renumbering d as

section 87(1) and by adding the following after subsection (I): (2) Subsection (1) does not apply to a vehicle that is an off- highway vehicle as defined in the Off-highway Vehicle Act.

(17) Section 90 is repealed.

(18) Section 93 is amended (

a) in subsection (4) by striking out "is not registered in Alberta or"; (

b) in subsection (7) by striking out "directly".

(19) Section 101 is amended (

a) m subsection (2) by striking out "section 5(6)" and substituting

section 5(6)(b)"; (

b) by repealing subsection (6).

(

j) any diagram made with respect to the accident and the fact of any visit to the scene of the accident.

(16) Section 87 presently reads: 87 No person shad (

a) seU to, or (

b) purchase for or on behalf of, a person under the age of 16 years a motor cycle.

(17) Section 90 presently reads: 90^7^ When a peace officer (

a) has reasonable grounds to suspect a person of driving or having the care and control of a motor vehicle while under the influence of alcohol, and (

b) requests the person to submit to the taking of one or more speci mens of his breath, if the person refuses to comply with the request he is guilty of an offence.

(2) When a person is convicted under subsection (1) he shall forthwith deliver his operator's licence to the convicting judge who shad forward the licence to the Registrar

(3) When a person submits to the taking of a specimen of his breath the person taking the specimen shad, as soon as reasonably possible, give him a signed statement of the results of the test.

(4) For the purposes of this

section "operator's licence" means a licence to operate a motor vehicle, regardless of its place of issue.

(18) Section 93(4) and (7) presently read:

(4) If a vehicle stored pursuant to this

section is not registered in Alberta or is not, within 30 days of its removal, claimed by the registered owner or someone on his behalf in return for full payment of the removal and storage costs actually paid, the vehicle may, with the approval in writing of the Administrator of the Motor Vehicle Accident Claims Act or his appointee, be disposed of as the Administrator or his appointee may direct, if written notice of the proposed disposal is given to the holders of encumbr ances registered in respect of the vehicle at the Central Registry under the Chattel Security Registries Act, and the proceeds of the disposal shad be expended in the following order: (

a) to pay the debt owing to the Crown under this section; (

b) to pay the balance owing on any encumbrances referred to in this section, to the rightful persons; (

c) to pay any remaining portion to the Registrar

(7) When the Minister Registrar peace officer or district engineer on rea sonable and probable grounds believes that the vehicle referred to in sub section (1) is worthless he may cause the vehicle to be moved directly to a nuisance ground, salvage yard or municipal dump for disposal.

(19) Section 101(2) and (6) presently read:

(2) A person who is guilty of an offence under

section 5(6) is liable (

a) for a first offence, to a fine of not more than $2000 and in defauU of payment, to imprisonment for a term of not less than 14 days or more than 6 months, and ExplanatorN Notes

(20) Section 106 is amended (

a) in subsection (6) by striking out "section 238(3) of the Crim inal Code (Canada) anywhere in Canada or

section 109(7)" and substituting "subsection 242(4) of the Criminal Code (Canada) anywhere in Canada or

section 110(7)"; (

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

(6.1) Notwithstanding subsection (6), when a person (

a) is found guilty under

section 242(4) of the Criminal Code (Canada) anywhere in Canada, and (

b) an order prohibiting that person from driving a motor vehicle on a highway in Canada is made as a result of that conviction and the period of prohibition is a period of time that is greater than that referted to in subsection (6), any operator's licence held by that person thereupon becomes suspended and that person thereupon becomes disqualified from holding an operator's licence for that greater period of time. (

c) by repealing subsection (7) and substituting the following:

(7) In addition to a fine or term of imprisonment referted to in

section 101(2), where a person is found guilty of an offence under

section 5(6)(b), (

a) that person's operator's licence is suspended and he is disqualified from holding an operator's licence for a pe riod of 6 months, and (

b) if at the time of the finding of guilt (

i) his operator's licence is suspended or cancelled, (ii) he is disqualified from holding an operator's lic ence. (iii) his licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is suspended or can celled, or (iv) his privilege to secure a licence or permit to op erate a motor vehicle in a jurisdiction outside Alberta was suspended or cancelled the period of suspension and disqualification referted to in clause (

a) shall mn consecutive to that disqualification, suspension or cancellation.

(

b) for each subsequent offence committed within one year after the commission of the offence referred to in clause (a), to imprisonment for a term of not less than 14 days or more than 6 months.

(6) A person who is guilty of an offence under

section 33, 44 or 91 is liable to a fine of not more than $5.

(20) Section 106(6) and (7) presently reads:

(6) If a person is found guilty under

section 238(3) of the Criminal Code (Canada) anywhere in Canada or

section 109(7) of this Act, (

a) that person is thereupon disqualified from holding an operator's licence for a period of 6 months, and (

b) if that person is under suspension or under a prohibition at the time of the finding of guilt, the period of disqualification shad run consecutively with that suspension or prohibition.

(7) Notwithstanding

section 101(2), if a person is found guilty of an offence under

section 5(6) and the offence was committed when (

a) his operator's licence was suspended or cancelled, (

b) he was disqualified under this Act from holding an operator's lic ence, (

c) his licence or permit to operate a motor vehicle in any province was suspended or cancelled, or (

d) his privilege to secure a licence or permU to operate a motor vehicle was suspended or cancelled in any province then in addition to a fine or term of imprisonment referred to in

section 101(2) (

e) his operator's licence is suspended and he is disqualified from hold ing an operator's licence for a period of 6 months, and (

f) if at the time of finding ofguiU (

i) he is disqualified from holding an operator's licence, (ii) his operator's licence is suspended or cancelled, (iii) his licence or permU to operate a motor vehicle in a jurisdic tion outside Alberta is suspended or cancelled, or (iv) his privilege to secure a licence or permU to operate a motor vehicle was suspended or cancelled in any province the period of disqualification and suspension shall run consecutively to that disqualification, suspension or cancellation. Explanatory Notes

(21) Section 109 is amended (

a) by repealing subsection (1) and substituting the following: 109(1) When a person is found guilty under

section 237 or 238 of the Criminal Code (Canada) anywhere in Canada, (

a) that person thereupon becomes disqualified from holding an operator's licence, and (

b) any operator's hcence held by that person thereupon becomes suspended, for a period of 6 months from the date of the finding of guiU. (

b) by repealing subsection (2); (

c) by repealing subsection (3); (

d) in subsection (4) (

i) by striking out "subsection (1) or (3)" and substituting "subsection (1)"; (ii) as to clauses (

a) and (

b) by striking out "234, 234.1, 235 or 236" and substituting ''IZl or 238"; (

e) in subsection (5) (

i) as to clause (

a) by striking out "234, 234.1, 235 or 236" and substituting "237 or 238"; (ii) by repealing clause (

b) and substituting the following: (

b) has, in the preceding 5 years, been found guilty of (i) 2 offences under

section 237 or 238 of the Crimi nal Code (Canada), or (h) 1 offence under

section 237 of the Criminal Code (Canada) and 1 offence under

section 238 of the Crim inal Code (Canada) anywhere in Canada unless those 2 offences arose out of the same incident, (

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

(5.1) Notwithstanding subsection (1) or (4), when a person (

a) is found guilty under

section 237 or 238 of the Crim inal Code (Canada) anywhere in Canada, and (

b) an order prohibiting that person from driving a motor vehicle on a highway in Canada is made as a result of that conviction and the period of prohibition is a period of time that is greater than that referted to in subsection (1) or (4), as the case may be, any operator's hcence held by that person thereupon becomes suspended and that person thereupon becomes disqualified from holding an operator's licence for that greater period of time. (

g) in subsection (6) by striking out "234 234 1 235 or 236" and substituting "237 or 238"-

(21) Section 109 presently reads: 109(1) When a person is found guilty under

section 234, 234.1, 235 or 236 of the Criminal Code (Canada) anywhere in Canada, that person thereupon becomes disqualified from holding an operator's licence (

a) for a period of 3 months from the date of the finding ofguik under

section 234.1 or 235 of the Criminal Code (Canada), (

b) for a period of 6 months from the date of the finding ofguiU under

section 234 or 236 of the Criminal Code (Canada), and any operator's licence held by that person thereupon becomes sus pended for the same period.

(2) When a person is convicted of an offence under

section 90(1), the convicted person thereupon becomes disqualified from holding an opera tor's licence (

a) for a period of 3 months from the date of his conviction, or (

b) if an order suspending his operator's licence or disqualifying him from holding an operator's licence is made as a result of the convic tion, for the period of the suspension or disqualification, whichever is the longer period, and any operator's licence held by the convicted person thereupon becomes suspended for the same period.

(3) NotwUhstanding subsection (1), when a person is found guilty under

section 234 or 236 of the Criminal Code (Canada), (

a) if the person has not, within the preceding 5 years, been found guilty under

section 234 or 236 of the Criminal Code (Canada) any where in Canada, and (

b) if that person produces proof satisfactory to the judge hearing the case that he was not actually driving the motor vehicle at the time of the offence, the judge, in his discretion, may make an order reducing the period of disqualification and suspension provided by subsection (1) to any period being not less than 3 months that the judge considers appropriate.

(4) Notwithstanding subsection (1) or (3), if a person (

a) is found guilty under

section 234, 234.1, 235 or 236 of the Crim inal Code (Canada) anywhere in Canada, and (

b) has, in the preceding 5 years, been found guilty of an offence under

section 234, 234.1, 235 or 236 of the Criminal Code (Canada) any where in Canada, that person thereupon becomes disqualified to hold an operator's licence for a period of 12 months from the date of the finding ofguiU and any operator's licence held by the person thereupon becomes suspended for the same period.

(5) NotwUhstanding anything in this section, when a person (

a) is found guilty under

section 234, 234.1, 235 or 236 of the Crim inal Code (Canada) anywhere in Canada, and (

b) has, in the preceding 5 years been found guilty of 2 offences under any 1 or more of sections 234, 234.1, 235 or 236 of the Criminal Code anywhere in Canada unless those 2 offences arose out of the same incident, that person thereupon becomes disqualified from holding an operator's licence and any operator's licence held by that person becomes suspended for a period of 36 months from the date of the finding ofguiU. 9 Explanatory Notes

(

h) by repealing subsection (7); (

i) in subsection (8) (

i) by striking out "234, 234.1, 235 and 236" and substituting "237 or 238"; (ii) by repealing clause (

b) and substituting the following: (

b) for the purposes of subsection (1), the period of dis quahfication and suspension shaU be 6 months and shall mn from the date of the earliest finding of guilt respecting those offences. (

j) by adding the following after subsection (8):

(9) For the purposes of subsections (4) and (5), a finding of guilt for an offence (

a) under

section 234 or 236 of the Criminal Code (Can ada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under sec tion 237 of the Criminal Code (Canada) as it read im mediately after December 3, 1985, and (

b) under

section 234.1 or 235 of the Criminal Code (Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under

section 238 of the Criminal Code (Canada) as it read immediately after December 3, 1985.

(22) Section 111 is amended (

a) in subsection (1) by adding "236 or 239(2) or (3)" after "sec tion 233"; (

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

(2.1) Notwithstanding subsection (1) or (2), when a person (

a) is found guilty under

section 203, 204, 219, 233, 236 or 239(2) or (3) of the Criminal Code (Canada) anywhere in Canada, and (

b) an order prohibiting that person from driving a motor vehicle on a highway in Canada is made as a result of that conviction and the period of prohibition is a period of time that is greater than that referted to in subsection (1) or (2), as the case may be, any operator's licence held by that person thereupon becomes suspended and that person thereupon becomes disqualified from holding an operator's licence for that greater period of time.

(23) Section 112(1) is amended by striking out "subsection 238(3)" wherever n occurs and substituting "subsection 242(4)". 10

(6) When a person who holds an operator's licence is found guilty under

section 234, 234.1, 235 or 236 of the Criminal Code (Canada), the judge hearing the case shad forward the operator's licence of that person to the Minister

(7) For the purposes of subsection (5), a finding of guiU for an offence under

section 222 or 223 of the Criminal Code (Canada) as it read im mediately before December 31, 1969 is deemed to be a finding of guilt for an offence under

section 234 of the Criminal Code (Canada) as U read on and after December 31, 1969.

(8) If a person is found guilty of 2 or more offences under sections 234, 234.1, 235 and 236 of the Criminal Code (Canada) anywhere in Canada, and if the offences arose out of the same incident, (

a) the findings of guilt for those offences shad, for the purposes of subsections (4)(

b) and (5)(b), be considered to constitute only one find ing ofguiU, which shall be considered to have occurred on the date of the earliest finding of guilt respecting those offences, and (

b) for the purposes of subsection (1), the period of disqualification and suspension shad be (i) 3 months if all of the findings ofguih were under

section 234.1 or 235, or (ii) 6 months if one or more of the findings ofguih were under

section 234 or 236, and the period of disqualification and suspension shall run from the date of the earliest finding ofguiU respecting those offences.

(22) Section 111(1) and (2) presently read: 111(1) When a person is found guilty anywhere in Canada of an offence under

section 233 of the Criminal Code (Canada), that person thereupon becomes disqualified from holding an operator's licence for a period of 6 months from the date of the finding of guiU and any operator's licence held by that person thereupon becomes suspended for the same period.

(2) When a person is found guilty anywhere in Canada of an offence under

section 203, 204 or 219 of the Criminal Code (Canada) committed by means of a motor vehicle, that person thereupon becomes disqualified from holding an operator's licence for a period of 6 months from the date of the finding ofguiU and any operator's licence held by that person thereupon becomes suspended for the same period.

(23) Section 112(1) presently reads: 112(1) When a person (

a) is found guilty under subsection 238(3) of the Criminal Code (Canada), and (

b) has, at any time before, been found guilty under subsection 238(3) of the Criminal Code (Canada) anywhere in Canada, the judge hearing the case may order that the certificate of registration of the motor vehicle being driven at the time of the latest offence be suspended for a period of 30 days in accordance with this section. 10 Explanatory Notes

(24) The following is added after

section 112: 112.1(1) When a person is found guilty under

section 120 of the National Defence Act (Canada) by reason that the person con travened

section 237 or 238 of the Criminal Code (Canada) any where in or out of Canada, (

a) that person thereupon becomes disquahfied from holding an operator's licence, and (

b) any operator's licence held by that person thereupon be comes suspended, for a period of 6 months from the date of the finding of guilt.

(2) Notwithstanding subsection (1), if a person (

a) is found guilty under

section 120 of the National Defence Act (Canada) by reason that the person contravened

section 237 or 238 of the Criminal Code (Canada) anywhere in or out of Canada, and (

b) has, in the preceding 5 years, been found guilty of an offence under

section 120 of the National Defence Act (Can ada) by reason that the person contravened

section 237 or 238 of the Criminal Code (Canada) anywhere in or out of Canada, that person thereupon becomes disqualified from holding an op erator's hcence for a period of 12 months from the date of the finding of guilt and any operator's licence held by the person thereupon becomes suspended for the same period.

(3) Notwithstanding anything in subsection (1) or (2), when a person (

a) is found guilty under

section 120 of the National Defence Act (Canada) by reason that the person contravened

section 237 or 238 of the Criminal Code (Canada) anywhere in or out of Canada, and (

b) has, in the preceding 5 years, been found guilty of 2 of fences under the National Defence Act (Canada) by reason that the person, in the preceding 5 years, (

i) twice contravened

section 237 or 238 of the Criminal Code (Canada), or (ii) once contravened

section 237 of the Criminal Code (Canada) and once contravened

section 238 of the Crim inal Code (Canada), anywhere in or out of Canada unless those 2 offences arose out of the same incident, that person thereupon becomes disqualified from holding an op erator's licence and any operator's licence held by that person becomes suspended for a period of 36 months from the date of the finding of guilt.

(4) If a person is found guilty of 2 or more offences under

section 120 of the National Defence Act (Canada) by reason that the 11

(24) Driving offences under the National Defence Act (Canada). 11 Explanatory Notes

person contravened

section 237 or 238 of the Criminal Code (Canada) anywhere in or out of Canada, and if the offences arose out of the same incident, (

a) the findings of guilt for those offences shall, for the pur poses of subsections (2)(

b) and (3)(b), be considered to con stitute only one finding of guilt, which shall be considered to have occurted on the date of the earliest finding of guilt re specting those offences, and (

b) for the purposes of subsection (1), the period of disquali fication and suspension shaU be 6 months and shall run from the date of the earliest finding of guilt respecting those of fences.

(5) For the purposes of subsections (2) and (3), a finding ofguih for an offence under

section 120 of the National Defence Act (Canada) by reason that a person contravened (

a) section 234 or 236 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to December 4, 1985 is deemed to be a finding of guilt under

section 120 of the National Defence Act (Canada) by reason that the per son contravened

section 237 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately after De cember 3, 1985, and (

b) section 234.1 or 235 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to De cember 4, 1985 is deemed to be a finding ofguih under sec tion 120 of the National Defence Act (Canada) by reason that the person contravened

section 238 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately after December 3, 1985.

(6) When a person is found guilty anywhere in or out of Canada of an offence under

section 120 of the National Defence Act (Can ada) by reason that the person contravened

section 233, 236 or 239(2) or (3) of the Criminal Code (Canada), that person there upon becomes disqualified from holding an operator's licence for a period of 6 months from the date of the finding of guiU and any operator's licence held by that person thereupon becomes suspended for the same period.

(7) When a person is found guilty anywhere in or out of Canada of an offence under

section 120 of the National Defence Act (Can ada) committed by means of a motor vehicle by reason that the person contravened

section 203, 204 or 219 of the Criminal Code (Canada), that person thereupon becomes disqualified from hold ing an operator's licence for a period of 6 months from the date of the finding of guilt and any operator's hcence held by that person thereupon becomes suspended for the same period.

(8) If a person is found guilty under

section 120 of the National Defence Act (Canada) by reason that the person contravened sec tion 242(4) of the Criminal Code (Canada) (

a) that person is thereupon disqualified from holding an op erator's licence for a period of 6 months, and 12

12 E\nlannlor\ Noies

(

b) if that person is under suspension or under a prohibition at the time of the finding of guilt, the period of disquahfica tion shall run consecutively with that suspension or prohibi tion.

(9) Notwithstanding subsection (1), (2), (3), (6), (7) or (8), when a person (

a) is found guilty under

section 120 of the National Defence Act (Canada) by reason that the person contravened

section 203, 204, 219, 233, 237, 238, 239(2) or (3) or 242(4) of the Criminal Code (Canada) anywhere in or out of Canada, and (

b) an order prohibiting or suspending that person from driv ing a motor vehicle on a highway is made as a result of that conviction and the period of prohibition or suspension is a period of time that is greater than that referred to in subsec tion (1), (2), (3), (6), (7) or (8), as the case may be, any operator's licence held by that person thereupon becomes suspended and that person thereupon becomes disqualified from holding an operator's licence for that greater period of time. Off-highway Vehicle Act 3(1) The Off-highway Vehicle Act is amended by this section.

(2) Section 3(4) is amended by striking out "and liable to a fine of not more than $5". Commencement 4 This Act comes into force on October 1, 1986. 13

Off-highway Vehicle Act 3(1) This

section will amend

chapter 0-4 of the Revised Statutes of Alberta 1980.

(2) Section 3(4) presently reads:

(4) A person who contravenes subsection (1) or (3) is guilty of an offence and liable to a fine of not more than $5. 13 Explanatory Notes Title: 1986 (21st, 1st) Bill 43, Motor Vehicle Statutes Amendment Act, 1986

Document details

Collection	Alberta — Bills
Citation	L21 S1 3229
Type	bill
Volume / chapter	L21 S1 3229
Language	en
Format	json
Source	PROVINCIAL
Identifier	0201b4110c2732e40f41204d7f7e7ce87962467f

Source file is stored in the law ingest library (json).