First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 49

AN ACT TO AMEND THE

YOUNG PERSONS

OFFENCES ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would

amend the Young Persons Offences Act to

exempt from the provisions of

that Act offences which are ticketable offences under the Highway Traffic Act or the Motorized

Snow Vehicles and All‑Terrain Vehicles Act and the Provincial Offences Act, and offences

relating to the regulation of traffic in the City of St. John's Act , the City

of Corner Brook Act , the City of

Mount Pearl Act and the Municipalities

Act, 1999 and offences in a regulation or by-law regulating traffic of a

city, town or municipality incorporated or continued under either of those

Acts; and

provide that convictions by way

of tickets issued under the authority of the Provincial Offences Act and convictions by way of a ticket for offences

relating to the regulation of traffic in the Acts, regulations or by-laws

referred to above before the coming into force of this Bill are valid, that the

sentences imposed under them are confirmed, and that the fines paid as a result

of those convictions were properly paid.

A BILL

AN ACT TO AMEND THE YOUNG PERSONS

OFFENCES ACT

Analysis

1. S.3.1 Added

Non‑application

2. Saving

Be it enacted by the Lieutenant‑Governor

and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cY-1

as amended

1. The Young

Persons Offences Act is amended by adding immediately after

section 3 the

following:

Non‑application

3.1 This Act shall not apply to offences

(

a) under the Highway

Traffic Act and the Motorized Snow Vehicles

and All‑Terrain Vehicles Act , where those offences are commenced by

means of a ticket issued under the Provincial

Offences Act ; or

(

b) relating to the regulation of traffic under the

City of St. John's Act , the City of Corner Brook Act , the City of Mount Pearl Act or the Municipalities Act, 1999 or a regulation

or by-law regulating traffic of a city, town or municipality incorporated or continued

under either of those Acts.

Saving

(1) Where, before the coming into force of

this Act, a young person who was issued a

summary offence ticket under the

authority of the Provincial Offences Act

voluntarily paid the fine or was convicted in default of that offence,

(

a) that young person shall be considered to have

been properly convicted and that conviction shall not be affected by the coming

into force of this Act;

(

b) a sentence imposed as a result of that

conviction shall be considered to have been properly imposed; and

(

c) a fine paid as a result of that ticket or conviction

shall be considered to have been properly paid.

(2) No cause of action shall arise from convictions,

sentences imposed or fines paid referred to in subsection (1) before the coming

into force of this Act.

Queen's Printer