1970 Bill 83 Third Session, 16th Legislature, 19 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 83

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 83 1970

An Act to amend The Motor Vehicle Accident Claims Act (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Motor Vehicle Accident Claims Act is hereby amended.

Section 13, subsection (7) is amended by striking out clause (d).

Section 20, subsection (2) is amended by adding the word "and" at the end of clause (

k) and by adding the fol­ lowing clause after clause (k): (

l) prescribing, for the purpose of

section 189 of The Highway Traffic Act, limitations on the payments which may be made from the Fund towards the costs of removal and storage of motor vehicles.

Section 21 is amended by adding the following subsec­ tions after subsection (4) : (4a) The operator of a motor vehicle who, when required by this

section to produce a financial responsibility card, produces a financial responsibility card relating to an in­ surance policy which is invalid at the time of production is guilty of an offence and liable on

summary conviction to a fine of not more than $500. (4b) In a prosecution under this

section the onus is on the accused to prove that he held subsisting insurance at the time he was required to produce a financial respon­ sibility card.

Section 22 is struck out and the following is sub­ stituted:

Explanatory Notes I. This Bill amends

chapter 56 of the Statutes of Alberta, 1964.

Section 13, subsection (7), clause (

d) reads:

(7) From the amount payable to a person as calculated in accordance with subsections (3) to (7) there shall be deducted (

d) the amount of $50 in respect of any payment for lnss of or damage to property, and

Section 189 of The Highway Traffic Act authorizes the re­ moval and storage of motor vehicles abandoned on the highway and, if necessary, the sale thereof to recover the costs of the re­ moval and storage. Subsection (5) states:

(5) If the proceeds realized from the sale or auction of the a;bandoned or stored motor vehicle are not sufficient to cover the costs of removal and storage, the person authorized to remove and store the motor vehicle may apply ,to the Administrator of The Motor Vehicle Accident Claims Act for payment of the outstanding amount and the Adminis­ trator, upon being satisfied that the claim is proper, may order pay­ ment to be made from the Motor Vehicle Accident Claims Fund subject to the limitations prescribed in the regulations under The Motor Vehicle Accident Claims Act. 4.

The proposed subsection (4a) makes it an offence to produce a financial responsibility card evidencing an insurance policy which is no longer valid. The proposed subsection (4b) puts the onus in a prosecution on an accused to show that the insurance he purported to have in producing a financial responsibility card in fact existed in good standing at the time of production.

Section 22 presently reads: 22. A person who (

a) applies for the registration of a motor vehicle as an insured motor vehicle, or (

b) obtains the registration of a motor vehicle as an insured motor vehicle, when in fact it is an uninsured motor vehicle is guilty of an offence and liable on

summary conviction to a fine of not more than five hundred dollars or to imprisonment for a term not exceeding one month, or to both thl" fine and the imprisonment.

(1) A person who (

a) applies for the re,g-istfc.tir;n of a motor vehicle as an insured motor vehicle T.hr:n in fact it is an unin­ sured motor vehicle, 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 im­ prisonment.

(2) In a prosecution under this

section the onus is on the accused to prove that his motor vehicle was at all relev­ ant times an insured motor vehicle. 6. This Act comes into force on the day upon which it is assented to. 2

2 Title: 1970 (16th, 3rd) Bill 83,

An Act to amend The Motor Vehicle Accident Claims Act