Bill 108 — Fourth Session, 16Th Legislature, 20 Eiimb1Tb Ihi the Legislative Assembly of Alberta Bill 108 An Act To Amend the Motor Vehicle Accident Claims Act (Legislature 16, Session 4)

L16 S4 4945

Alberta — Bills

1971 Bill 108 Fourth Session, 16th Legislature, 20 EIimb1tb IHI THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 108

An Act to amend The Motor Vehicle Accident Claims Act THE MINISTER OF HIGHWAYS AND TRANSPORT First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 108 1971

AN ACT TO AMEND THE MOTOR VEHICLE ACCIDENT CLAIMS ACT (Assented to , 1971) HER MAJESTY, by and with the radvi,ce and ,consent of the Legis}atJive Assembly of ~llberta, ooacts as ~onows: 1. The Motor Vehicle Accident Claims Act is hereby amended.

Section 2 is a/mended (

a) by striking out clause (b), (

b) by striking out clause (d), (

c) by adding the following clause after clause (i): (j) "unrinsuredmotor veihic'le" means a motor ve hiclle that is not an insured motor v~hiole witfuin the meaning of 11he Highway Traffic A'ct.

Section 3, subsection (2) is amended by striking out the words "sootions 4 land 5" and by substituting the word8 "section 4".

Section 4, subsection (2) is amended (

a) by striking out the words "Ian insured" and by sub stituting the word '''a'', (

b) as to clause (

c) by striking out the word "insured".

Section 5 is struck out.

Section 6 is amended by striking out the words "sec tions 4 land 5" and by substituting the words "section 4".

Section 7 is amended (

a) as to subsection (1) by striking out the words "or 5, as theCiase may be,", (

b) by striking out subsections (2), (3) and (4-).

Explanatory Notes I. This Bill will amend

chapter 243 of the Revised statutes of Alberta 1970.

Section 2(

b) and (

d) presently read: (b) "automolbiJ'e insurance" means automobile insur~nce as defined in The Alberta Insurance Act; (d) "insured motor vehicle" means a motor vehicle, the owner of which ' (

i) is insured under an owner's policy as defined in The Alberta Insuramce Act, or (it) has given a bond as required by

Part 14 of The Highway Traffic Act, or (iii) has deposited with ,the Minister a sum of money or securities for money as required by The Highway Traffic Act, or 3.

Section 3(2) presently reads:

(2) The Minister shall pay to the Provincial Treasurer the fees col lected ,pursuant to sections 4 and 5. 4.

Section 4(2) presently reads:

(2) The owner of an insured motor vehicle who has paid the fee re quired under subsection (1) in respect of that motor vehicle is not re quir,ed to pay a further fee under subsection (1) (

a) when the number plates of that motor vehicle are exchanged for a different class of licence plates, or (

b) when new plates are Lssued in substitution for the original num ber plates, or (

c) when the number plates of that motor vehicle are transferred to another insured motor vehicle to be registered in his name. The reference to an "insured" motor vehicle is unnecessary in view of the registration requirements of The Highway Traffic Act. s.

Section 5 presently reads: 5.

(1) The owner of an uninsured motor vehiole shall, in each year, (

a) when applying for registration of the motor vehicle pursuant to The Highway Traffic Act, and (

b) in addition to the registration fee required to be paid under that Act and the fee required to be paid under

section 4, pay to the Minister a fee in respect of that motor vehicle of the amount prescribed by the Lieutenant Governor in Council.

(2) The owner of an uninsured motor vehicle who has paid the fee required under subsection (1) in respect of that motor vehicle is not required 'to pay a further fee under subsection (1) or under

section 4 (

a) when the number plates of that motor vehicle are exchanged for a different class of licence plate, or (

b) when new plates are issued in substitution for the original num ber plates, or (

c) when the number plates of that motor vehicle are transferred ,to another motor vehicle to be registered in his name. 6.

Section H presently reads: 6. Notwithstanding ~nything contained in this Act, the Lieutenant Governor in Council may by regulation define and exempt any classes of motor vehicles from the application of sections 4 and 6.

Section 7 presently reads: 7.

(1) The Registrar shaN not register any motor vehicle under The Highway Traffic Act unless the fee payable under

section 4 or 5, as the case may be, is paid.

(2) Unless the owner of a motor vehicle satisfies the Registrar that the motor vehicle is an insured motor vehicle, the Registrar shall regis ter it as an uninsured motor vehicle to which sectLon 5 appUes.

(3) When a regLstered motor vehiole ceases to be an insured motor vehicle, the registration of the motor vehicle ,is suspended until the Registrar is satisfied that the motor vehicle is reinsured or the fee pay able under

section 5 is paid.

(4) Upon the regi,stration of an uninsured motor vehicle, or upon receipt of the notice and fee mentioned In subsection (3), the Registrar shall issue to the owner of the motor vehicle a certificate in the pre scribed form stating that the uninsured motor vehicle fee has been paid in respect of that vehicle.

Section 8 is amended by striking out sUbsection (5).

Section 14, subsection (3), clause (

b) is amended by striking out the words "includi'ng the right to recover any moneys that would have been payahle in 'respect of the bodily injury or death or p([,loperty damage under any cont~act ofautomohle insuTlance tlhrat was in force at the time of tine accident".

Section 18 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding the following subsection after subsection (1) : (2) Subsection (1) d'Oes nort apply to payments 'Out of the Fund made pursuant to' s'ection 189, sub section (5) of The Highway Traffilc Act.

Section 20 is struck out and the following is sub stituted: 20. In the discretion 'of rthe Minister and notwith s,tJanding anything in The W orkmen's Oompens~Uon Act, where c:ompens,ation 'or an award is made by the Workmen's Oompensation Board of any province or territory of Can ada in respeCJt 'of hodily injury tOr death of any ,person as a result 'Of 'an autO'mobile acddent, and there is a larger judgment 'Or serttlement fOirtne Siame injury or death made in ,respect of a !Claim under this A,ct, then 2 (

a) there shaH be paid 'Out 'Of the Fund the difference between the compensation or awa;~d made by the Workmen's C'Ompensation Board laJnd the judgment or setUermellit under this Act, aru:l (

b) the Workmen's Oormpens1ation Board is not sub rO'g1ated to' the rights O'f the claimant, 'his [ega 1 per s,onal representatives or his dependants and has no right whats10ever is T'espect 'Of the sum ,paid pur suant to .clause (a) .

Section 27, subsection (2) is amended (

a) by striking out clause (a), (

b) by striking out clause (

h) and by substituting the following: (

h) pres.cribing the fees Ito be paid under this Act on the registration of a motor vehicle, (

c) by adding the word "and" at the end of clause (

l) and by adding the following clause after clause (l):

Section 8(5) presently reads:

(5) Where an amount is paid out of the Fund pursuant to subsection (3), the Minister shllJll suspend (

a) the operator's licence of every person, and (

b) the registration of every motor vehicle registered in the name of every person, to whom notice was sent pursuant to subsection (2) until that person files proof of financial responsib.ility in accordance with

Part 14 of The Highway Traffic Act. 9. Removes unnecessary wording.

Section 18 presently reads: 18. Notwithstanding anything in thts Act, no payment shall be made out of the Fund to the Government of Canada, the government of a province or territory of Canada, any agency thereof, o'r to any munici pllJlity or other unit of local government within any province or territory of Canada. The amendment will permit the payment of money to the various authorized agencies for removal and storage of abandoned or stored motor vehicles, where the sale price is not sufficient to cover the cost. II.

Section 20 presently reads: 20. Notwithstanding anything in this Act, no payment shall be made out of the Fund in respect of bodily injury to or the death of runy per.son for which any compensation or award has been or is likely to be paid to a person by The 'Vorkmen's Compensation Board of any province or territory of Canada. Payment out of the Fund in addition to compensation under The Workmen's Compensation Act. 2 12.

Section 27(2) (

a) and (

h) presently read:

(2) The Lieutenant Govel"nor in Council may make regulatioIlB for the purpose of carry.ing out this Act ac(}ording to its intent and of supply Ing any defici,ency in this Act, and without limiting the generality of the foregoing may make regulations (

a) prescribing the evidence that may be accepted by the Registrar as satisfactory pr:oof that a motor vehiole is an insured motor vehicle, (

h) pres'cribing the fees to be paid under this Act on the registration of an uninsured motor vehicle and on the registration of an insured motor vehicle,

(

m) pres'Crib'ing, in addi,tion to the amounts pay able unde1r the 'Other provis,ioJlls 'Of this Act, the lacoident insiU~anC'e benefits paJiable in the same mannea.-ailld to tJhe siame 'Timit and extent that tJhey are paJ1lable under P1art 7 'Of The Alberta InsuI"al1!C'e A,CJt, for a motor vehicle aocident OioouITing on or after A'PrH 1, 1972.

Section 28 is struck out.

Section 29 is struck out.

Section 30 is struck out. 16.

(1) Se.ctions 2, 3, 4, 5, 6, 7 and 8 come into force on February 1, 1972.

(2) Sections 12, 13, 14 and 15 come into force on April 1, 1972.

(3) Sections 1, 9, 10 and 11 and this

section come into force on the day upon which this Act is assented to. 3

Section 28 presently reads: 28.

(1) The operator of a motor vehicle shall, upon request of a peace officer, produce (

a) a financial responsrbitlity card in a fQrm prescribed under The Highway Traffic Act for that vehicle evidencing that the vehicle is an insured motor ve,hlele, or (

b) a certificate issued by the Registrar under

section 7 stating' that the uninsured motor vehicle fee has been paid in respect of the motor vehicle.

(2) Where the motor vehicle is being operated (

a) with number plates i,Bsued pursuant to

section 39 of The High way Traffic Act, or (

b) by an appraiser who has custody of the vehicle for the purpose Qf appraisal, or (

c) by a mechanic who has custody O'f the vehicle fo,r the purpose of repairs, or (

d) by the proprietor of or an empl:o\yee of a service station who has, on behalf of the service station, the custody of a motor vehicle in the course of service station business duties relating to the vehicle, the peace officer shall give the operator Qf the vehtcle reasQnable time within which to produce the financial responsibility card Qr the cer:tif ieate.

(3) Where a newly acquired mQtor vehicle Is being operated with number plates issued toO another motor vehicle as permitted by sectiQn 32, subsection (3) O'f The Highway Traffic Act, and ,if the operator of the vehicle produces (

a) proof of the purchase, within the immediately preceding 14 days, Qf the newly acquired vehicle, and (

b) a financial responslbility card or certificate for the vehicle to which the number plates are issued, the peace officer shrull give the operator of the vehicle reasonable time within which to produce a financial resp,onsibillty card or cer:tificate for the newly acquired vehicle.

(4) The operator of a motor vehicle who fails ,to produce evidence as required by this

section when requested to. do so., is guilty of an offence and is liable on ,summary cQnviction to a fine O'f not more than $500.

(5) The operator of a motor vehicle who, when requested to pro.duce evidence as requi'red by this section, produces false evidence, is guilty of an offence and is liable on

summary conviction toO a fine of not more than $500.

(6) The o.perator of a motor vehicle who, when required by this sec tion to produce a financial responsibility card, produces a financial re sponsibility card relaUng toO an insurance policy which is invalid at the time of production is guilty of an offence and liable on

summary con viction to a fine of not mo,re than $500.

(7) In a prQsecution under this sectiQn the onus is on the accused to prove that he held subsisting insurance at the time he was required to produce a financial re,sponsibility card.

(8) This

section does not apply with respect to a motor vehicle that is registered in a country, ,state, territory or province other than Alberta or to a moto'r vehicle owned by the Crown .or to a motor vehicle registered as an antique motor vehicle. This

section is re-enacted with some changes in The Highway Traffic Act.

Section 29 presently reads: 29.

(1) A person who (

a) applie,s for the registration of a motor vehiole as an insured motor vehicle when in fact it is an uninsured motor vehiole, or (

b) obtains the registration of a motor vehicle as an insured vehicle when in fact it is an uninsured motor vehicle, or (

c) fails to maintain his vehicle as an insured motor vehicle is guilty of an offence and liable on

summary conviction to a fine of not more than $500, or to imprisonment for a term not exceeding 30 days, or to. both the fine and imprisonment.

(2) In a prosecuUon under this

section the onus is on the accused to prove that his motor vehicle was at run relevant times an insured motor vehicle. This seat10n is re-eI1Jac:ted wtth some changes in The Highway Traffic Act.

Section 30 presently reads: 30.

(1) A registered owner of an uninsured motor vehicle who (

a) operates that uninsured motor vehicle, or (

b) permits any other person to operate that uninsured motor vehicle, while it is registered as aJn ,insured motor vehicle is guilty of an offence and liable on

summary conv,iction to a fine of not more than $500 or to imprisonment for a term of not more than one month, or to both fine and imprisonment.

(2) Where the registration of a motor vehicle is suspended under this or any other Act it is sUU a registered motor vehicle for the purposes Df this section. This

section is re-enacted with some changes in The Highway Traffic Act. 3 Title: 1971 (16th, 4th) Bill 108,

An Act to amend The Motor Vehicle Accident Claims Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4945
Type	bill
Volume / chapter	L16 S4 4945
Language	en
Format	json
Source	PROVINCIAL
Identifier	b0174dbc8813f9a46acd91082d9fb4dde9aed2d3

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