Statutes of Newfoundland and Labrador 2018 Chapter 37

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3
as amended

1. (1) Section 2 of the Highway Traffic Act is amended by adding immediately after paragraph (ll) the following:

(ll.1) "mobility aid" means a wheelchair or other device, whether motorized or not, designed and being used to facilitate the transport, in a normal seated orientation, of a person with a physical disability, including a physical limitation on the ability to walk or move;

(2) Paragraph 2(yy) of the Act is repealed and the following substituted:

(yy) "pedestrian" means

(i) a person on foot,

(ii) a person in or on a mobility aid, or

(iii) a child in a carriage or sleigh;

2. Section 60.001 of the Act is amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.27 or 320.28 of the Criminal Code".

3. Subsection 60.002(2) of the Act is repealed and the following substituted:

(2) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, a

(a) driver of a commercial motor vehicle or taxi;

(b) person who has care or control of a commercial motor vehicle or taxi;

(d) person who has care or control of a motor vehicle who is under 22 years of age;

(e) novice driver of a motor vehicle; or

(f) novice driver who has care or control of a motor vehicle

provides a sample of a bodily substance which, on analysis by approved drug screening equipment as defined in section 320.11 of the Criminal Code, indicates the presence of a drug in his or her body as prescribed by the regulations, the peace officer shall request a person referred to in paragraphs (a), (b), (c), (d), (e) or (f) to surrender his or her driver's licence, and that person shall immediately surrender his or her driver's licence.

4. Paragraphs 60.003(1)(a) and (b) and subsection (4) of the Act are amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.27 or 320.28 of the Criminal Code".

5. Subsection 60.004(1) of the Act is amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.27 or 320.28 of the Criminal Code".

6. Paragraphs 60.005(a) and (b) of the Act are repealed and the following substituted:

(a) driver of a commercial vehicle or taxi;

(b) person who has care or control of a commercial motor vehicle or taxi;

7. (1) Subsection 60.01(1) of the Act is repealed and the following substituted:

Request for surrender of driver's licence at roadside

60.01 (1) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code a

(a) driver of a motor vehicle;

(b) person who has care or control of a motor vehicle;

(d) novice driver who has care or control of a motor vehicle

provides a sample of his or her breath which, on analysis by an approved screening device as defined in section 320.11 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is an amount referred to in subsection (2), the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driver's licence, and that person shall immediately surrender his or her driver's licence.

(2) Subsection 60.01(5) of the Act is repealed and the following substituted:

(5) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, the

(a) driver of a motor vehicle;

(b) person who has care or control of a motor vehicle;

(d) novice driver who has care or control of a motor vehicle

provides a sample of his or her breath which, on analysis by an approved instrument as defined in section 320.11 of the Criminal Code indicates that the proportion of alcohol in his or her blood is more than the amount referred to in subsection (6), the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her licence, and that person shall immediately surrender his or her driver's licence.

8. Subsections 60.04(1) and (2) of the Act are amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.27 or 320.28 of the Criminal Code".

9. Section 60.1 of the Act is repealed and the following substituted:

Surrender of driver's licence required

60.1 Where a person is charged with an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code, or a procedure is taken pending the laying of a charge to assure the person's attendance in court on the charge, a peace officer shall request a person to surrender his or her driver's licence.

10. (1) Subsections 60.5(1), (2), (2.2) and (3) of the Act are amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.11 of the Criminal Code".

(2) Subsections 60.5(3.1), paragraphs (5.1)(a) and (b) and subsections (5.2), (5.3) and (5.4) of the Act are amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.27 or 320.28 of the Criminal Code".

11. Subsection 61(2) of the Act is repealed and the following substituted:

(2) A person who is the holder of a driver's licence shall immediately deliver the licence to the court upon being convicted of an offence under section 220, 221, 236 or 320.13, subsection 320.14(1), (2) or (3), section 320.15, 320.16, 320.18, 335 or another provision of the Criminal Code, except subsection 320.14(4), involving the use of a motor vehicle or in the commission of which a motor vehicle was used.

12. Subsection 62(1) of the Act is repealed and the following substituted:

National Defence Act (Canada)

62. (1) Where a person has been convicted of an offence under section 130 of the National Defence Act (Canada) by reason that the person contravened section 221, 222, 236 or 320.13, subsection 320.14 (1), (2) or (3) or section 320.15 or 320.16 of the Criminal Code the registrar may by order in writing suspend that person's driver's licence.

13. (1) Subsection 65(1) of the Act is repealed and the following substituted:

Suspension or cancellation

65. (1) The registrar shall by written order suspend or cancel the driver's licence or driving privileges of a person who has been convicted of an offence committed anywhere in Canada under section 220, 221, 236 or 320.13, subsection 320.14(1), (2) or (3), section 320.15, 320.16, 320.18 or another provision of the Criminal Code, except subsection 320.14(4), which involves the use of a motor vehicle or in the commission of which a motor vehicle was used,

(a) for a period of 12 months in the case of a first conviction;

(b) for a period of 36 months in the case of a second conviction entered within 10 years after the first conviction;

(d) for life in the case of a fourth and subsequent conviction entered within 10 years after the first conviction.

(2) Paragraphs 65(1.1)(a) and (b) of the Act are repealed and the following substituted:

(a) under subsection 320.14(2) or 320.15(2) of the Criminal Code, for a period of 10 years; or

(b) under subsection 320.14(3) or 320.15(3) of the Criminal Code, for life.

14. Paragraph 71(3)(a) of the Act is repealed and the following substituted:

(a) upon the conviction of a non-resident for an offence under this Act or the regulations, or for an offence committed anywhere in Canada under section 220, 221, 236 or 320.13, subsection 320.14(1), (2) or (3), section 320.15, 320.16, 320.18, 335 or another provision of the Criminal Code, except subsection 320.14(4), which involves the use of a motor vehicle or in the commission of which a motor vehicle was used; or

15. Subsection 73.1(1) of the Act is repealed and the following substituted:

Mandatory use of ignition interlock device

73.1 (1) Where a person is convicted of an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code and his or her driver's licence or driving privileges have been suspended or cancelled under section 65, the registrar shall require the use of an ignition interlock device in accordance with the regulations made under section 186 as a condition of reinstatement of the driver's licence or driving privileges for a period of

(a) 12 months in the case of a first conviction;

(b) 36 months in the case of a second conviction entered within 10 years of the first conviction; and

16. Subsection 96(1) of the Act is amended by deleting the word "and" at the end of paragraph (c) and adding immediately after paragraph (c) the following:

(c.1) shall, where the vehicle which is being overtaken is a bicycle, pass the bicycle at a distance of at least

(i) one metre from the bicycle where the speed limit is 60 kilometres an hour or less, or

(ii) one and a half metres from the bicycle where the speed limit is greater than 60 kilometres an hour; and

17. Section 127 of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) where passing a pedestrian, pass the pedestrian at a distance of at least

(i) one metre from the pedestrian where the speed limit is 60 kilometres an hour or less, or

(ii) one and a half metres from the pedestrian where the speed limit is greater than 60 kilometres an hour;

18. (1) Paragraph 186(1)(g.02) of the Act is repealed and the following substituted:

(g.02) prescribing the proportion of a drug or a combination of a drug and alcohol in a person's body or blood that is prohibited for the purpose of this Act;

(2) Paragraph 186(1)(i.2) of the Act is amended by deleting the reference "section 254 of the Criminal Code" and substituting the reference "section 320.27 or 320.28 of the Criminal Code".

19. Section 187 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The minister may, in addition to or instead of regulations made under subsection (1), adopt by reference and constitute as regulations the whole or part or provisions of a code adopted or standards fixed, with or without modification, and including amendments now or afterward made to the code or standard, by an organization acceptable to the minister.

Sch. Amdt.

20. The Schedule to the Act is amended by adding immediately after the row starting with the reference to paragraph 127(a) the following:

127(a.1)

Failing to leave proper distance when passing pedestrian

400

100

14 days

2 days

Commencement

21. (1) Sections 2 to 15 and subsection 18(2) come into force on December 18, 2018.

(2) Sections 16, 17 and 20 come into force 90 days after the day on which this Act receives Royal Assent.