Bill 2479 — An Act To Amend the Highway Traffic Act and the Provincial Offences Act (50th General Assembly, 2nd Session)
Bill 2479
Newfoundland and Labrador — Bills
Second
Session, 50th General Assembly
Charles III, 2024
BILL 79
AN ACT TO AMEND THE
HIGHWAY TRAFFIC ACT
AND THE PROVINCIAL OFFENCES ACT
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee .....................................................................................................
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE SARAH
STOODLEY
Minister of Digital
Government and Service Newfoundland and Labrador
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTES
This Bill would amend the Highway Traffic Act to
allow the minister to designate
persons who are not officers of the Department of Digital Government and
Service Newfoundland and Labrador as traffic compliance officers;
provide traffic compliance
officers with the powers of a peace officer for the purpose of enforcing a
violation of a
section referenced in
section 177.1 of the Act using an image
capturing enforcement system;
incorporate gender-neutral language;
update names of government
departments; and
replace a reference to
"Trial Division" with the correct reference "Supreme
Court".
This
Bill would amend the Provincial Offences
Act to
allow for the service of
tickets by electronic means in accordance with the regulations;
allow the Lieutenant-Governor
in Council to make regulations respecting the service of tickets by electronic means;
incorporate gender-neutral language;
update names of government
departments; and
replace a reference to
"Trial Division" with the correct reference "Supreme
Court".
A BILL
AN ACT TO AMEND THE
HIGHWAY TRAFFIC ACT AND THE PROVINCIAL
OFFENCES ACT
Analysis
HIGHWAY
TRAFFIC ACT
S.2 Amdt.
Definitions
S.7 Amdt.
Registrar shall examine applications
S.9 Amdt.
Powers of registrar
S.11 Amdt.
Application for registration
S.16.1 Amdt.
Non-payment of fines
S.23 Amdt.
Prohibition
S.27.1 Amdt.
Telewarrants
S.28 Amdt.
Licence, etc. property of Crown
S.38 Amdt.
Change of address
S.43 Amdt.
Drivers licence
S.45 Amdt.
Application for licence
S.48 Amdt.
Registrar shall not issue licence
S.49 Amdt.
Licence to be signed
S.52 Amdt.
Possession of another's licence
S.53 Amdt.
Driver licensed in another jurisdiction
S.55 Amdt.
Novice drivers licence
S.55.2 Amdt.
Offence
S.56 Amdt.
Rental prohibited
S.58 Amdt.
Change of name
S.59 Amdt.
Offence
S.60.1 Amdt.
Request for surrender of driver's licence at roadside
S.60.2 Amdt.
Periods of suspension
S.60.3 Amdt.
Periods of suspension commercial vehicle, taxi or motor vehicle used for a
ride-sharing service
S.60.4 Amdt.
Periods of suspension driver under 22 and not a novice driver
S.60.5 Amdt.
Periods of suspension novice driver
S.60.7 Amdt.
Suspensions generally
S.60.8 Amdt.
Surrender of driver's licence required
S.60.11 Amdt.
Screening accompanying driver
S.60.12 Amdt.
Appeal of 90 day suspension
S.60.14 Amdt.
Decision of registrar
S.65 Amdt.
Suspension or cancellation
S.71 Amdt.
Where licence suspended or cancelled
S.72 Amdt.
Driver to return licence
S.73 Amdt.
Wrongful procurement of licence
S.73.1 Amdt.
Mandatory use of ignition interlock device
S.75 Amdt.
Uninsured vehicle
S.79 Amdt.
Garage, etc. policy
S.81 Amdt.
Registrar shall suspend licence
S.82 Amdt.
Application to judge by judgment creditor
S.84.1 Amdt.
Appeal
S.96 Amdt.
Overtaking another vehicle
S.97 Amdt.
Conditions for passing on right
S.103 Amdt.
Restriction on vehicle following another
S.104 Amdt.
Divided roadways
S.106 Amdt.
Traffic control devices
S.107 Amdt.
Erection of other devices prohibited
S.108 Amdt.
No advertising on device
S.110 Amdt.
Imprudent driving
S.110.01 Amdt.
Driving causing death or bodily harm
S.111 Amdt.
Slow driving
S.111.1 Amdt.
Slow moving vehicle
S.114 Amdt.
Driver signals
S.115 Amdt.
Turn at intersection
S.116 Amdt.
Turning to proceed in opposite direction
S.117 Amdt.
Restriction on turning
S.119 Amdt.
Turning left in intersection
S.120 Amdt.
Driver to yield right-of-way
S.121.1 Amdt.
Stopped emergency or designated vehicle
S.123 Amdt.
Privileges of emergency vehicle
S.129 Amdt.
Bicyclists
S.130 Amdt.
Towing of bicyclists, etc. prohibited
S.137 Amdt.
Stopping for school buses
S.149 Amdt.
Authority to remove vehicles
S.160 Amdt.
Following emergency vehicle
S.162 Amdt.
Officer may direct traffic
S.163 Amdt.
Littering highway
S.169 Amdt.
Accident information
S.170 Amdt.
Accident involving property
S.175 Amdt.
Inspector may weigh vehicle
S.176 Amdt.
Radar detectors
S.176.1 Amdt.
Cellular telephones and other communication devices
S.178 Amdt.
Seat belts
S.178.1 Amdt.
Child seat restraint systems
S.186 Amdt.
Regulations
S.187 Amdt.
Minister may make regulations
S.189 Amdt.
Municipal regulations
S.189.1 Amdt.
Airport authority regulations
S.189.2 Amdt.
Airport authority fines
S.190 Amdt.
Council's powers
S.191 Amdt.
St. John's Traffic Commission
S.192 Amdt.
Corner Brook Traffic Commission
S.193 Amdt.
Mount Pearl Traffic Commission
S.194 Amdt.
Regulations re: instructors
S.197 Amdt.
Regulations re: Safety Code
S.201.1 Amdt.
Peace officer may stop vehicles
S.205 Amdt.
Refusal to give information
S.210 Amdt.
Liability of owner for penalties
S.212 Amdt.
Disposition of fines
89. Sch. Amdt.
PROVINCIAL
OFFENCES ACT
S.2 Amdt.
Interpretation
S.11 Amdt.
Issuing and contents of tickets
S.14 Amdt.
Service
S.17 Amdt.
Proof of service
S.18.1 Amdt.
Ticket
S.24 Amdt.
New trial
S.25 Amdt.
Arrest for failure to appear
S.28 Amdt.
Appearance not required
S.30 Amdt.
Judge may infer information from ticket
99. S.31 Amdt.
Regulations
S.32.1 Amdt.
Statement of finances
S.32.2 Amdt.
Examination of finances
S.32.3 Amdt.
Proof of fines owing
S.33 Amdt.
Judgment on failure to pay fine
S.35 Amdt.
Application of Judgment Enforcement Act
S.44 Amdt.
Powers of judge
S.50 Amdt.
Incriminating answers
S.51 Amdt.
Records
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
HIGHWAY TRAFFIC ACT
RSNL1990 cH-3
as amended
(1) Paragraph 2(
i) of
the Highway Traffic Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(2) Section 2 of the Act is amended by adding
immediately after paragraph ( uuu ) the following:
( uuu .1) "traffic
compliance officer" means a person designated under subsection 9(1.1);
(3) Paragraph 2( vvv ) of
the Act is amended by deleting the words "Minister of Works, Services and
Transportation" and substituting the words "Minister of
Transportation and Infrastructure".
Section 7 of the Act is amended by deleting the
words "he or she" and substituting the words "the
registrar".
3. (1) Paragraph 9(1)(
d) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
(2) Section 9 of the Act is amended by adding
immediately after subsection (1) the following:
(1.1) The minister may designate persons who are
not officers of the department as traffic compliance officers and those persons
shall have the power of peace officers for the purpose of enforcing a
section
of the Act referenced in
section 177.1 using an image capturing enforcement
system.
4. Subsection 11(10) of the Act is amended by
deleting the words "his or her" and substituting the words "the
owner's".
5. Subsection 16.1(1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person''.
6. Subsection 23(1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
7. Subsection 27.1(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
inspector".
8. Subsection 28(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
registrar's".
Section 38 of the Act is amended by deleting
the words "his or her".
10. Subsection 43(7) of the Act is amended by
deleting the words "his or her" and substituting the words "the
judge's".
11. Subsection 45(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
12. (1) Paragraph 48(1)(
n) of the Act is amended by
deleting the words "him or her" and substituting the words "the
person".
(2) Subsection 48(4) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the person".
(3) Subsection 48(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
13. Subsection 49(4) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the word " their ".
Section 52 of the Act is amended by deleting
the words "hold himself or herself out" and substituting the word
"represent".
15. Subsection 53(1) of the Act is amended by
(
a) deleting the words "his or her"; and
(
b) deleting the words "he or she" and
substituting the words "the person".
16. Subsection 55(1) of the Act is amended by
deleting the words "him or her" and substituting the words "that
person".
Section 55.2 of the Act is amended by deleting
the words "him or her" and substituting the words "the novice
driver or accompanying driver".
18. Subsection 56(3) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
Section 58 of the Act is amended by deleting
the words "his or her".
20. Subsection 59(2) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
(1) Paragraphs 60.1(1)(
c) to (
e) of the Act are
amended by deleting the words "his or her" wherever they appear and
substituting the word " their ".
(2) Subsection 60.1(2) of the Act is amended by
deleting the words "his or her" and substituting the word " their ".
(3) Subsection 60.1(3) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
(1) Subsection 60.2(1) of the Act is amended by
deleting the words "he or she fails or refuses" and substituting the
words "they fail or refuse".
(2) Subsections 60.2(3) to (8) of the Act are
amended by deleting the words "his or her" wherever they appear and
substituting the word " their ".
23. Subsections 60.3(4) to (9) of the Act are
amended by deleting the words "his or her" wherever they appear and
substituting the word " their ".
(1) Subsection 60.4(1) of the Act is amended by
deleting the words "he or she fails or refuses" and substituting the
words "they fail or refuse".
(2) Subsections 60.4(4) to (9) of the Act are
amended by deleting the words "his or her" wherever they appear and
substituting the word " their ".
(1) Subsection 60.5(1) of the Act is amended by
deleting the words "he or she fails or refuses" and substituting the
words "they fail or refuse".
(2) Subsections 60.5(4) to (8) of the Act are
amended by deleting the words "his or her" wherever they appear and
substituting the word " their ".
(3) Subsection 60.5(9) of the Act is amended by
(
a) deleting the words "his or her"
wherever they appear and substituting the word "their"; and
(
b) deleting the words "him or her" and
substituting the word "them".
(4) Subsection 60.5(10) of the Act is amended by
deleting the words "his or her" and substituting the word " their ".
(1) Subparagraph 60.7(3)(b)(
i) of the Act is amended by deleting the words "his or her" and
substituting the word " their ".
(2) Subparagraph 60.7(3)(b)(ii) of the Act is
amended by deleting the words "he or she" and substituting the word
"they".
(3) Subparagraph 60.7(3)(b)(iii) of the Act is
amended by deleting the words "his or her" and substituting the word
" their ".
Section 60.8 of the Act is amended by deleting
the words "his or her" and substituting the words "the
person's".
(1) Subsection 60.11(1) of the Act is amended
(
a) deleting the words "his or her" and
substituting the words "the accompanying driver's"; and
(
b) deleting the words "he or she" and
substituting the words "the accompanying driver".
(2) Subsections 60.11(2), (4), (5), (8), (9) and
(10) of the Act are amended by deleting the words "his or her"
wherever they appear and substituting the words "the accompanying
driver's".
(3) Paragraph 60.11(11)(
a) of the Act is amended
by deleting the words "his or her" wherever they appear and
substituting the words "the accompanying driver's".
(4) Paragraph 60.11(11)(
b) of the Act is amended
by deleting the words "his or her" and substituting the words
"the accompanying driver's".
(5) Paragraph 60.11(11)(
c) of the Act is amended
(
a) deleting the words "he or she" and
substituting the words "the accompanying driver"; and
(
b) deleting the words "his or her" and
substituting the words "the accompanying driver's".
(6) Subsection 60.11(12) of the Act is amended by
deleting the words "him or her" and substituting the words "the
accompanying driver".
(7) Subsection 60.11(13) of the Act is amended by
deleting the words "his or her" and substituting the words "the
accompanying driver's".
(1) Subsection 60.12(1) of the Act is amended
(
a) deleting the words "he or she"
wherever they appear and substituting the words "the person"; and
(
b) deleting the words "his or her"
wherever they appear.
(2) Subsection 60.12(2) of the Act is amended by
(
a) deleting the words "his or her
appeal" and substituting the words "the appeal"; and
(
b) deleting the words "his or her driver's
licence" and substituting the words "the person's driver's
licence".
(3) Paragraph 60.12(4)(
b) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
(4) Paragraph 60.12(5)(
b) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
(5) Subsection 60.12(6) of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the person"; and
(
b) deleting the words "his or her" and
substituting the word "the".
30. Subsection 60.14(1) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
31. Subsection 65(1.2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
32. Subsection 71(7) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
33. Subsection 72(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
traffic officer".
34. Subsection 73(1) of the Act is amended by
deleting the words "applies for or obtains the issue to him or her"
and substituting the words "applies for, obtains".
35. Subsection 73.1(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
36. (1) Paragraph 75(5)(
c) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
(2) Subsection 75(5.2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
judge's".
(3) Subsection 75(6.3) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
37. Paragraph 79(1)(
b) of the Act is amended by
(
a) deleting the words "him or her" and
substituting the words "the named insured"; and
(
b) deleting the words "his or her" and
substituting the words "the insured's".
38. Subsection 81(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
39. Subsection 82(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
judgment debtor".
40. Subsection 84.1(1) of the Act is amended by
deleting the words "Trial Division" and substituting the words
"Supreme Court".
41. Paragraph 96(2)(
b) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
42. Paragraph 97(1)(
a) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
43. (1) Subsection 103(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
(2) Subsection 103(3) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
Section 104 of the Act is amended by deleting
the words "Minister of Works, Services and Transportation" and
substituting the words "Minister of Transportation and
Infrastructure".
45. (1) Subsection 106(1) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
(2) Subsection 106(33) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and Infrastructure".
(3) Subsection 106(34) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
Section 107 of the Act is amended by deleting
the words "Minister of Works, Services and Transportation" and
substituting the words "Minister of Transportation and
Infrastructure".
Section 108 of the Act is amended by deleting
the words "Minister of Works, Services and Transportation" and substituting
the words "Minister of Transportation and Infrastructure".
48. (1) Paragraph 110(1)(
d) of the Act is amended
by deleting the words "his or her driving of" and substituting the
word "driving".
(2) Subsection 110(2) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
49. Paragraph 110.01(
c) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
50. Subsection 111(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
51. Subsection 111.1(3) of the Act is amended by
deleting the words "him or her" wherever they appear and substituting
the words "the minister".
52. (1) Subsection 114(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
(2) Subsection 114(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
53. (1) Subsection 115(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
(2) Subsection 115(6) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
Section 116 of the Act is amended by deleting
the words "he or she" wherever they appear and substituting the words
"the driver".
55. Subsection 117(3) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
Section 119 of the Act is amended by deleting
the words "he or she" wherever they appear and substituting the words
"the driver".
Section 120 of the Act is amended by deleting
the words "he or she" wherever they appear and substituting the words
"the driver".
58. Paragraph 121.1(2)(
c) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's".
59. (1) Subsection 123(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
(2) Subsection 123(2.1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
(3) Subsection 123(4) of the Act is amended by
deleting the words "he or she" and substituting the words "the driver".
60. Subsection 129(3) of the Act is amended by
deleting the words "he or she" and substituting the words "that
person".
Section 130 of the Act is amended by deleting
the words "himself or herself" and substituting the word
"themself".
62. Paragraph 137(1)(
b) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver of the vehicle".
63. (1) Subsection 149(1) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation" and
substituting the words "Minister of Transportation and
Infrastructure".
(2) Subsection 149(2) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and Infrastructure".
(3) Subsection 149(6) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
(4) Subsection 149(7) of the Act is amended by
(
a) deleting the words "Department of Works,
Services and Transportation" and substituting the words "Department of
Transportation and Infrastructure"; and
(
b) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure".
(5) Subsection 149(8) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
(6) Subsection 149(9) of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the words "he or she" and
substituting the words "the Minister of Transportation and
Infrastructure".
(7) Subsection 149(10) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
(8) Subsection 149(11) of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the words "him or her" and
substituting the words "the Minister of Transportation and
Infrastructure".
(9) Subsection 149(12) of the Act is amended by
deleting the words "Minister of Government Services and Lands" and
substituting the word "minister".
(10) Subsection 149(13) of the Act is amended by
deleting the words "Department of Government Services and Lands" and
substituting the word "department".
64. Subsection 160(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
Section 162 of the Act is amended by deleting
the words "his or her" and substituting the words "the
officer's".
66. Subsection 163(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
owner".
67. (1) Paragraph 169(1)(
b) of the Act is amended
by deleting the words "his or her" wherever they appear and
substituting the words "the driver's".
(2) Subsection 169(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
(3) Paragraph 169(6)(
c) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
68. Subsection 170(4) of the Act is amended by
deleting the words "he or she" and substituting the words "the
driver".
69. Paragraph 175(5)(
c) of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the person"; and
(
b) deleting the words "his or her" and
substituting the words "the person's".
70. Paragraph 176(2)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
peace officer's".
71. Paragraph 176.1(3)(
b) of the Act is amended by
deleting the words "his or her" and substituting the words "the
peace officer's".
72. (1) Paragraph 178(5)(
e) of the Act is amended
(
a) deleting the words "his or her"
wherever they appear and substituting the words "the peace
officer's"; and
(
b) deleting the words "him or her" and
substituting the words "the peace officer".
(2) Paragraph 178(5)(
f) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the words "the peace officer's".
(3) Paragraph 178(7)(
d) of the Act is amended by
deleting the words "his or her" and substituting the words "the
officer's".
73. Paragraph 178.1(4)(
b) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the words "the peace officer's".
(1) Subparagraph 186(1)(h)(iv) of the Act is
amended by
(
a) deleting the words "him or her" and
substituting the words "the registrar"; and
(
b) deleting the words "his or her".
(2) Subparagraph 186(1)(h)(vi) of the Act is
amended by deleting the words "he or she" and substituting the words
"that novice driver or driver".
(3) Clause 186(1)( i )(v)(
B) of the Act is amended by deleting the words "him or her" and substituting
the words "the owner".
(4) Subparagraph 186(1)( i )(vii)
of the Act is repealed and the following substituted:
(vii) enabling the owner and
operator of the vehicle to apply for early release of the vehicle where the
owner and operator establish that they had no reason to believe that they were
disqualified from driving,
75. Subsection 187(1) of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the words "Minister of
Government Services and Lands" and substituting the word
"minister".
76. (1) Subsection 189(1) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
(2) Subsection 189(2) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and Infrastructure".
(3) Subsection 189(3) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
77. Subsection 189.1(2) of the Act is amended by
deleting the words "Minister of Works, Services and Transportation"
and substituting the words "Minister of Transportation and
Infrastructure".
(1) Subsection 189.2(1) of the Act is amended
by deleting the words "Department of Justice" and substituting the
words "Department of Justice and Public Safety".
(2) Subsection 189.2(2) of the Act is amended by
deleting the words "Minister of Justice" and substituting the words
"Minister of Justice and Public Safety".
79. Subsection 190(1) of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the word "minister"
wherever it appears and substituting the words "Minister of Transportation
and Infrastructure".
Section 191 of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the word "minister" and substituting
the words "Minister of Transportation and Infrastructure".
Section 192 of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the word "minister" and substituting
the words "Minister of Transportation and Infrastructure".
Section 193 of the Act is amended by
(
a) deleting the words "Minister of Works,
Services and Transportation" and substituting the words "Minister of
Transportation and Infrastructure"; and
(
b) deleting the word "minister" and substituting
the words "Minister of Transportation and Infrastructure".
83. (1) Paragraph 194(1)(
b) of the Act is amended
by deleting the words "him or her" and substituting the words
"the instructor".
(2) Paragraph 194(1)(
e) of the Act is repealed and
the following substituted:
(
e) prohibiting a person
from advertising or otherwise representing to be an instructor for compensation
or instructing a person for compensation where the person does not hold a
certificate issued in accordance with regulations made under paragraph (
a) and
a licence issued by the registrar under regulations made under
section 195.
84. Paragraph 197( 1)( i.1)
of the Act is amended by deleting the words "his or her" and
substituting the words "the commercial motor vehicle carrier's".
(1) Subsection 201.1(1) of the Act is amended
by deleting the words "his or her" and substituting the words
"the peace officer's".
(2) Subsection 201.1(2) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the words "the driver's".
(3) Subsection 201.1(3) of the Act is amended by
deleting the words "his or her" and substituting the words "the
passenger's".
(4) Subsection 201.1(4) of the Act is amended by
deleting the words "his or her" and substituting the words "the
driver's or passenger's".
86. Subsection 205(1) of the Act is amended by
deleting the words "his or her" and substituting the word " their ".
87. Subsection 210(2) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the owner".
88. (1) Subsection 212(1) of the Act is amended by
deleting the words "Department of Justice" and substituting the words
"Department of Justice and Public Safety".
(2) Subsection 212(2) of the Act is amended by
deleting the words "Minister of Justice" wherever they appear and
substituting the words "Minister of Justice and Public Safety".
(3) Subsection 212(3) of the Act is amended by
deleting the words "Minister of Justice" and substituting the words
"Minister of Justice and Public Safety".
(1) The
Schedule to the Act is amended by deleting
the words "his or her" in the offence column in the row starting with
59(1)(
c) and substituting the words "the person's".
PROVINCIAL OFFENCES ACT
SNL1995 c.P-31.1
as amended
90. Paragraph 2( 1)( a.1) of
the Provincial Offences Act is
amended by deleting the words "he or she" and substituting the words
"the person".
91. (1) Subsection 11(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
(2) Subsection 11(4) of the Act is amended by
deleting the words "he or she".
92. (1) Paragraph 14(1)(
a) of the Act is amended by
deleting the words "him or her at his or her" and substituting the
words "the person at the person's".
(2) Subsection 14(1) of the Act is amended by adding
immediately after subsection (1) the following:
(1.1) Notwithstanding subsection (1), the
Lieutenant-Governor in Council may, by regulation, authorize the service of a
ticket issued under this Part by electronic means in accordance with the
regulations for an offence prescribed in the regulations.
(3) Subsection 14(6) of the Act is repealed and
the following substituted:
(6) Subject to sections 23, 24 and 25,
(
a) a ticket or summons served in accordance with
paragraph (1)(b), subsection (2) or subsection (4) shall be considered to have
been served on the seventh day after the day on which the ticket or summons is
mailed; and
(
b) a ticket served in accordance with subsection
(1.1) shall be considered to have been served on the day prescribed in the
regulations.
(4) Subsection 14(9) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
93. Paragraph 17(1)(
a) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the person".
Section 18.1 of the Act is amended by deleting
the words "he or she" wherever they appear and substituting the words
"the person".
95. (1) Subsection 24(1) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the person".
(2) Subsection 24(3) of the Act is amended by
deleting the words "him or her" and substituting the words "the
judge".
96. (1) Subsection 25(1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(2) Subsection 25(2) of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the person"; and
(
b) deleting the words "his or her" and
substituting the words "the person's".
Section 28 of the Act is amended by deleting
the words "he or she" wherever they appear and substituting the words
"the person".
98. Subsection 30(1) of the Act is amended by
deleting the words "him or her" wherever they appear and substituting
the words "the judge".
Section 31 of the Act is amended by adding
immediately after paragraph (
e) the following:
(e.1) authorizing the service of a ticket by
electronic means;
(e.2) prescribing the offences for which a ticket
may be served by electronic means;
(e.3) respecting the service of a ticket by
electronic means;
(e.4) prescribing the day on which a ticket that is
served by electronic means is considered to have been served;
(1) Subsection 32.1(1) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(2) Subsection 32.1(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the
person".
(1) Subsection 32.2(1) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
(2) Paragraph 32.2(2)(
b) of the Act is amended by deleting
the words "his or her" and substituting the words "the
person's".
(1) Subsection 32.3(1) of the Act is amended by
deleting the words "him or her" and substituting the words "the
person".
(2) Subsection 32.3(2) of the Act is amended by
(
a) deleting the words "his or her
deputy" and substituting the words "the minister's deputy ";
(
b) deleting the words "his or her department"
and substituting the words "the minister's department"; and
(
c) deleting the words "his or her
official" and substituting the words "the person's official".
103. Subsection 33(1) of the Act is amended by
deleting the words "Trial Division" and substituting the words
"Supreme Court".
Section 35 of the Act is amended by deleting
the words "Trial Division" and substituting the words "Supreme
Court".
Section 44 of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the judge"; and
(
b) deleting the words " Public Inquiries Act " and substituting the words " Public
Inquiries Act, 2006 ".
106. (1) Subsection 50(1) of the Act is amended by
(
a) deleting the words "him or her" and
substituting the words "the witness"; and
(
b) deleting the words "his or her" and
substituting the words "the witness's".
(2) Subsection 50(2) of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the witness"; and
(
b) deleting the words "him or her" and
substituting the words "the witness".
107. Subsection 51(1) of the Act is amended by
deleting the words "him or her" and substituting the words "the
judge".
Commencement
108. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a
day or days to be proclaimed by the Lieutenant-Governor in Council.
King's Printer