Third Session, 45th

General Assembly

55 Elizabeth II,

BILL 67

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 THOMAS

W. MARSHALL , QC

Minister of Justice

and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

Clauses 1 and 2 of the Bill would

amend the Highway Traffic Act to

provide that a person may be incarcerated for the offences of driving while

suspended, driving without a licence and driving without insurance where that person

has been convicted of a second, third or subsequent offence within a prescribed

time period. Presently the Highway Traffic Act does not provide the

possibility of imprisonment for a conviction for a second offence.

In clause 3,

section 207 of the Highway Traffic Act would be amended

consequential to the amendments proposed in clauses 1 and 2.

Clause 4 of the Bill would amend the Provincial Offences Act consequential

to the addition of

section 32.3 which has been added in clause 5.

Clause 5 would add

section 32.1 to

the Act requiring a statement of finances from a person defaulting in the payment

of a fine. In the proposed

section 32.2, a person defaulting on the payment of

a fine may be summoned to the court for an examination of the person's finances,

and the court may order that arrangements be made for the payment of the fine,

including periodic payments of amounts owing.

The proposed

section 32.3 would add a provision to the Act regarding

proof of fines owing. Further, in the proposed

section 32.4, where a person is in contempt of an order made under

section

32.2, a judge may sentence that person to a period of imprisonment.

Clause 6 of the Bill would amend

section 33 of the Act consequential to the addition of

section 32.4.

The amendment contained in clause 7 of

the Bill would clarify that a person having authority to issue an instrument

under

an Act of the Legislature may, in addition to the powers currently

existing in the Act, suspend that instrument until an outstanding fine is paid.

The clause would also allow for an agreement to be made regarding the payment

of the fine.

The Bill would, in clause 8, allow

the minister to garnish a lottery prize valued at $1,000 or more where the

person who won the prize is in default of a payment of a fine under this Act.

A BILL

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT AND

THE PROVINCIAL OFFENCES ACT

Analysis

HIGHWAY

TRAFFIC ACT

S.43 Amdt.

Driver's licence

2. S.75 Amdt.

Uninsured vehicle

3. S.207 R&S

Second or subsequent offence

PROVINCIAL

OFFENCES ACT

S.23 Amdt.

Conviction and fine

5. Ss.32.1 to 32.4 Added

32.1 Statement of finances

32.2 Examination of

finances

32.3 Proof of fines owing

32.4 Contempt hearing

6. S.33 Amdt.

Judgment on failure to pay fine

S.34 R&S

Issuance, suspension or renewal of instruments

S.38.1 Added

Garnishment of lottery prizes

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. (1) Subsection 43(3) of the Highway Traffic Act is amended by

deleting the reference "subsection (1)" and substituting the reference

"paragraph (1)(b)".

(2) Section 43 of the Act is amended by adding immediately

after subsection (3) the following:

(3.1) A person who drives a motor vehicle without a

driver's licence in violation of paragraph (1)(

a) or (

c) is guilty of an

offence and is liable

(

a) in the case of a first conviction, to a fine

of $50;

(

b) in the case of a second conviction where that

second conviction is entered within 2 years of the first conviction

(

i) to a fine of not less than $100 and not more

than $200,

(ii) to imprisonment for a term of not more than 30

days, or

(iii) to both a fine and imprisonment; and

(

c) in the case of a third or subsequent conviction

where that third or subsequent conviction is entered within 5 years of the

first conviction

(

i) to a fine of not less than $300 and not more

than $500,

(ii) to imprisonment for a period of not less than

31 days and not more than 6 months, or

(iii) to both a fine and imprisonment.

(3.2) Where a judge imposes sentences of imprisonment

under 2 or more of the following provisions:

(a) paragraph (3.1)(b);

(b) paragraph (3.1)(c);

(c) paragraph 75(5.1)(a); or

(d) paragraph 75(5.1)(

b) the judge may, in his or her discretion, direct

that the sentences be served consecutively.

2. The Act is amended by adding immediately after

subsection 75(5) the following:

(5.1) Where

(

a) a second conviction has been entered against

a person under paragraph (5)(

b) for failure to comply with subsection

(1) within 2 years of the first conviction, that person is liable,

(

i) to a fine set out in the Schedule,

(ii) to imprisonment for a term of not more than 30

days, or

(iii) to both a fine and imprisonment; and

(

b) a third or subsequent conviction has been

entered against a person under paragraph (5)(

b) for failure to comply with

subsection (1) within 5 years of the first conviction, that person is liable,

(

i) to a fine set out in the Schedule,

(ii) to imprisonment for a term of not less than 31

days and not more than 6 months, or

(iii) to both a fine and imprisonment.

(5.2) Where a judge imposes sentences of imprisonment

under 2 or more of the following provisions:

(a) paragraph (5.1)(a);

(b) paragraph (5.1)(b);

(c) paragraph 43(3.1)(b); or

(d) paragraph 43(3.1)(

c) the judge may, in his or her discretion,

direct that the sentences be served consecutively.

Section 207 of the Act is repealed and the

following substituted:

Second or subsequent

offence

207. For

the purpose of this Act, except

section 110 and paragraphs 43(3.1)(

b) and (

c) and subsection 75(5.1), and the regulations and regulations made under

section

189, an offence shall not be considered a second or subsequent offence unless

it has been committed within one year from the date of the last previous

offence.

PROVINCIAL OFFENCES ACT

SNL1995 cP-31.1

as amended

4. The

Provincial Offences Act is amended by repealing subsection 23(4) and

substituting the following:

(4) Except as provided in

section 32.4,

notwithstanding another enactment, imprisonment shall not be imposed under

subsection (1).

5. The Act is amended by adding immediately after

section 32 the following:

Statement of finances

32.1

(1) Where

a person has defaulted on the payment of a fine imposed under this Act or another

enactment, the minister may provide the person with a statement of fines owing

and notify that person that he or she is required to file a statement of

finances with the minister.

(2) The statement of finances required under

subsection (1) shall be in a form prescribed by the minister and shall be filed

by the person not more than 15 days after he or she is notified under

subsection (1).

(3) The minister may extend the period within

which the statement of finances is required to be filed by a person under

subsection (2).

Examination of

finances

32.2

(1) Where

a person fails to comply with

section 32.1 within 60 days of

(

a) the expiry of the period under subsection

32.1(2); or

(

b) the expiry of the extended time period set by

the minister under subsection 32.1(3)

a judge may issue a summons requiring the person

to attend at the court for an examination

of his or her finances at a time and place to be set out in the summons.

(2) A person summoned under subsection (1) shall

appear

(

a) to show the court why the fine should not be enforced;

(

b) to be examined on oath or affirmation about

his or her finances, including the means or ability the person has to pay the

fine;

(

c) to show the debts that are owing to or by the

person;

(

d) to show the person's assets, income and

financial obligations generally; and

(

e) to show the other information with respect to

the person's finances that the judge may require to evaluate whether the person

has wilfully defaulted in the payment of a fine.

(3) The summons shall be served personally unless

the court directs otherwise.

(4) The court may, unless it is satisfied that the

person is not in default or that the person is unable for valid reasons to pay

the fine owing, order that the person

(

a) discharge the arrears of fines owing by the

periodic payments that the court considers just;

(

b) discharge the arrears of fines owing in full

by a specified date;

(

c) comply with the order to pay the fine to the

extent of the debtor's ability to pay, but an order under this paragraph does

not affect the accruing of arrears of fines;

(

d) file those income tax returns that the court

considers necessary;

(

e) report periodically to the court or a person

specified in the order; or

(

f) provide immediately to the court, or to a

person specified in the order, particulars of a future change or address, employment

or income.

(5) The court may vary an order made under subsection

(4) where there is a material change in the person's circumstances since the

order was made.

Proof of fines

owing

32.3

(1) In

proceedings under sections 32.2 and 32.4, a prosecutor shall inform the presiding

judge whether the person summoned to the court has unpaid fines entered against

him or her.

(2) A certificate purporting to be signed by the

minister or his or her deputy or by an official in his or her department

specially or generally designated for the purpose by the minister regarding

fines listed as outstanding and owing by a person is, in the absence of evidence

to the contrary, proof of the facts stated in it and is admissible in evidence

in a proceeding under

section 32.2 or 32.4 and shall be accepted as evidence of

the information contained in it without proof of the signature of the person or

of his or her official capacity.

Contempt hearing

32.4

(1) Where

a person fails to comply with an order of the court made under

section 32.2, a

judge may issue a summons requiring the person to attend at the court at a time

and place set out in the summons.

(2) Where a judge is satisfied that a person has

failed to comply with an order made under

section 32.2, the judge may, in

addition to the other powers of the judge referred to in this Act, incarcerate

the person

(

a) for a period of not more than 30 days for the

first failure to comply with an order of the court under

section 32.2;

(

b) for a period of not more than 3 months for a

second failure to comply with an order of the court under

section 32.2; and

(

c) for a period of not more than 6 months for a

third or subsequent failure to comply with an order of the court under

section

32.2.

Section 33 of the Act is amended by adding

immediately after subsection (2) the following:

(3) An order of imprisonment of a person under

section 32.4 does not discharge fines owing by the person and a proceeding

under this

section and another remedy available under this Act is not barred

where the court has made an order under that section.

Section 34 of the Act is repealed and the

following is substituted:

Issuance, suspension

or renewal of instruments

(1) Where

a person has not paid a fine, including a fine under the Criminal Code payable to the Crown in right of the province imposed

within the time allowed for payment, the minister or another minister or person

who has the authority under an enactment to issue, suspend or renew a permit,

licence, or other permission or instrument may refuse to issue or renew or may

suspend that permit, licence, or other permission or instrument

(

a) unless an agreement has been made with the

person with terms satisfactory to the minister or another minister or person referred

to in subsection (1) with authority for issuance, suspension or renewal of the permit,

licence, or other permission or instrument to pay the fine and the applicable

late payment, and the person is in compliance with that agreement; or

(

b) until the fine and the applicable late payment

are paid.

(2) The proof of payment for the purpose of

subsection (1) is the responsibility of the offender.

8. The Act is amended by adding immediately after

section 38 the following:

Garnishment of

lottery prizes

38.1

(1) In

this

section

(a) "corporation" means the Atlantic

Lottery Corporation;

(b) "lottery" means a lottery scheme

permitted by virtue of the Criminal Code

and conducted and managed by the corporation; and

(c) "prize" means a sum of money or

goods payable as a prize in a lottery.

(2) Where a person convicted under this Act or

another enactment who has not paid a fine imposed is entitled to a prize that

the corporation values at $1,000 or more, the minister may garnish that prize

to the extent of the unpaid fine and in the manner prescribed by the regulations.

(3) The Lieutenant-Governor in Council may make

regulations respecting the manner of garnishing lottery prizes under subsection

(2).

Earl G. Tucker, Queen's Printer