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Fifth Session, 44th General Assembly 52 Elizabeth II, 2003 |
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AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE MUNICIPALITIES ACT, 1999 AND THE URBAN AND RURAL PLANNING ACT, 2000 |
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Received and Read the First Time |
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Second Reading |
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Committee |
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Third Reading |
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Royal Assent |
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HONOURABLE OLIVER LANGDON Minister of Municipal and Provincial Affairs |
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Ordered to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTE This Bill would amend the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act, the Municipalities Act, 1999 and the Urban and Rural Planning Act, 2000 to allow cities and towns in the province to issue violation notices and tickets for certain infractions and offences that the minister and the councils may establish by regulation. Where a person is convicted of a ticketable offence, an unpaid fine imposed for that offence could be assessed against property taxes and assessments.
A BILL AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE MUNICIPALITIES ACT, 1999 AND THE URBAN AND RURAL PLANNING ACT, 2000 Analysis CITY OF CORNER BROOK ACT 1. Ss.280.1 - 280.4 Added CITY OF MOUNT PEARL ACT 2. Ss.280.1-280.4 Added
CITY OF ST. JOHN'S ACT 3. Ss.403.1 - 403.4 Added MUNICIPALITIES ACT, 1999 4. Ss.421.1 - 421.4 Added URBAN AND RURAL PLANNING ACT, 2000 5. Ss.39.1 - 39.4 Added Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: CITY OF CORNER BROOK ACT RSNL1990 cC-15 1. The City of Corner Brook Act is amended by adding immediately after section 280 the following: Violation notice 280.1 (1) The council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a regulation made by the council under this Act. (2) A violation notice issued to a person under this section shall state on that notice (a) the contravention to which the notice applies; (b) the time and date of the contravention; (c) that a voluntary payment out of court of a stated amount may be made to the city within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the city by a later date stated on the notice; (d) that where payment is voluntarily made to the city for the contravention stated on the notice, no further action will occur with respect to that contravention; and (e) that where payment is not voluntarily made to the city as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (3) Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the city (a) the amount; and (b) within the time, stated on that notice. (4) The council shall not issue a violation notice except in accordance with this section and regulations made under section 280.3. Issuance of summons. 280.2 (1) Where a person who has received a violation notice under section 280.1 does not voluntarily make a payment to the city within the time stated on that notice, the city may charge that person by way of a summons, including a summons that is issued by way of a ticket under the Provincial Offences Act, with an offence in respect of the contravention stated on that notice. (2) Notwithstanding that the city has not issued a violation notice under section 280.1, the city may charge a person by way of a summons, including a summons that is issued by way of a ticket under the Provincial Offences Act, with an offence for a contravention of a regulation for which a violation notice may be issued under that section. (3) Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the city. (4) Where a person (a) is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and (b) does not pay the fine imposed with respect to that conviction within the required time; and (c) owns the property or business to which the offence relates, that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under this Act with respect to that property or business. Regulations 280.3 The minister may make regulations (a) to authorize the council to issue violation notices; (b) to establish the regulatory contraventions for which the council may issue violation notices and summonses to which sections 280.1 and 280.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 280.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 280.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 280.2. Employee designation 280.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 280.1; and (b) summons under section 280.2, in accordance with regulations made under section 280.3. CITY OF MOUNT PEARL ACT 2. The City of Mount Pearl Act is amended by adding immediately after section 280 the following: Violation notice 280.1 (1) The council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a regulation made by the minister or the council under this Act. (2) A violation notice issued to a person under this section shall state on that notice (a) the contravention to which the notice applies; (b) the time and date of the contravention; (c) that a voluntary payment out of court of a stated amount may be made to the city within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the city by a later date stated on the notice; (d) that where payment is voluntarily made to the city for the contravention stated on the notice, no further action will occur with respect to that contravention; and (e) that where payment is not voluntarily made to the city as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (3) Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the city (a) the amount; and (b) within the time, stated on that notice. (4) The council shall not issue a violation notice except in accordance with this section and regulations made under section 280.3. Issuance of summons 280.2 (1) Where a person who has received a violation notice under section 280.1 does not voluntarily make a payment to the city within the time stated on that notice, the city may charge that person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence in respect of the contravention stated on that notice. (2) Notwithstanding that the city has not issued a violation notice under section 280.1, the city may charge a person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence for a contravention of a regulation for which a violation notice may be issued under that section. (3) Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the city. (4) Where a person (a) is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and (b) does not pay the fine imposed with respect to that conviction within the required time; and (c) owns the property or business to which the offence relates, that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under this Act with respect to that property or business. Regulations 280.3 The minister may make regulations (a) to authorize the council to issue violation notices; (b) to establish the regulatory contraventions for which the council may issue violation notices and summonses to which sections 280.1 and 280.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 280.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 280.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 280.2. Employee designation 280.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 280.1; and (b) summons under section 280.2, in accordance with regulations made under section 280.3. CITY OF ST. JOHN'S ACT RSNL1990 cC-17 as amended 3. The City of St. John's Act is amended by adding immediately after section 403 the following: Violation notice 403.1 (1) The council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a rule, regulation or by-law made by the council under this Act. (2) A violation notice issued to a person under this section shall state on that notice (a) the contravention to which the notice applies; (b) the time and date of the contravention; (c) that a voluntary payment out of court of a stated amount may be made to the city within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the city by a later date stated on the notice; (d) that where payment is voluntarily made to the city for the contravention stated on the notice, no further action will occur with respect to that contravention; and (e) that where payment is not voluntarily made to the city as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (3) Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the city (a) the amount; and (b) within the time, stated on that notice. (4) The council shall not issue a violation notice except in accordance with this section and regulations made under section 403.3. Issuance of summons 403.2 (1) Where a person who has received a violation notice under section 403.1 does not voluntarily make a payment to the city within the time frame stated on that notice, the city may charge that person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence in respect of the contravention stated on that notice. (2) Notwithstanding that the city has not issued a violation notice under section 403.1, the city may charge a person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence for a contravention of a regulation for which a violation notice may be issued under that section. (3) Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the city. (4) Where a person (a) is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and (b) does not pay the fine imposed with respect to that conviction within the required time; and (c) owns the property or business to which the offence relates, that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under the St. John's Assessment Act with respect to that property or business. Regulations 403.3 The minister may make regulations (a) to authorize the council to issue violation notices; (b) to establish the regulatory contraventions for which the council may issue violation notices and summonses to which sections 403.1 and 403.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 403.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 403.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 403.2. Employee designation 403.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 403.1; and (b) summons under section 403.2, in accordance with regulations made under section 403.3. MUNICIPALITIES ACT, 1999 SNL1999 cM-24 4. The Municipalities Act, 1999 is amended by adding immediately after section 421 the following: Violation notice 421.1 (1) A council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a regulation made by the minister or that council under this Act. (2) A violation notice issued to a person under this section shall state on that notice (a) the contravention to which the notice applies; (b) the time and date of the contravention; (c) that a voluntary payment out of court of a stated amount may be made to the municipality within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the municipality by a later date stated on the notice; (d) that where payment is voluntarily made to the municipality for the contravention stated on the notice, no further action will occur with respect to that contravention; and (e) that where payment is not voluntarily made to the municipality as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (3) Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the municipality (a) the amount; and (b) within the time, stated on that notice. (4) A council shall not issue a violation notice except in accordance with this section and regulations made under section 421.3. Issuance of summons. 421.2 (1) Where a person who has received a violation notice under section 421.1 does not voluntarily make a payment to the municipality within the time stated on that notice, the municipality may charge that person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence in respect of the contravention stated on that notice. (2) Notwithstanding that a municipality has not issued a violation notice under section 421.1, the municipality may charge a person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence for a contravention of a regulation for which a violation notice may be issued under that section. (3) Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the municipality. (4) Where a person (a) is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and (b) does not pay the fine imposed with respect to that conviction within the required time; and (c) owns the property or business to which the offence relates, that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under this Act with respect to that property or business. Regulations 421.3 The minister may make regulations (a) to authorize a council to issue violation notices; (b) to establish the regulatory contraventions for which a council may issue violation notices and summonses to which sections 421.1 and 421.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 421.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 421.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 421.2. Employee designation 421.4 A council may designate an employee or a class of employees who may issue a (a) violation notice under section 421.1; and (b) summons under section 421.2, in accordance with regulations made under section 421.3. URBAN AND RURAL PLANNING ACT, 2000 SNL2000 cU-8 5. The Urban and Rural Planning Act, 2000 is amended by adding immediately after section 39 the following: Violation notice 39.1 (1) A council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a regulation made by the minister or that council under this Act. (2) A violation notice issued to a person under this section shall state on that notice (a) the contravention to which the notice applies; (b) the time and date of the contravention; (c) that a voluntary payment out of court of a stated amount may be made to the municipality within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the municipality by a later date stated on the notice; (d) that where payment is voluntarily made to the municipality for the contravention stated on the notice, no further action will occur with respect to that contravention; and (e) that where payment is not voluntarily made to the municipality as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (3) Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the municipality (a) the amount; and (b) within the time, stated on that notice. (4) A council shall not issue a violation notice except in accordance with this section and regulations made under section 39.3. Issuance of summons. 39.2 (1) Where a person who has received a violation notice under section 39.1 does not voluntarily make a payment to the municipality within the time stated on that notice, the municipality may charge that person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence in respect of the contravention stated on that notice. (2) Notwithstanding that a municipality has not issued a violation notice under section 39.1, the municipality may charge a person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence for a contravention of a regulation for which a violation notice may be issued under that section. (3) Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the municipality. (4) Where a person (a) is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and (b) does not pay the fine imposed with respect to that conviction within the required time; and (c) owns the property or business to which the offence relates, that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under whichever of the City of Corner Brook Act, City of Mount Pearl Act, Municipalities Act, 1999 or St. John's Assessment Act applies to the council that issued the summons under this section with respect to that property or business. Regulations 39.3 The minister may make regulations (a) to authorize a council to issue violation notices; (b) to establish the regulatory contraventions for which a council may issue violation notices and summonses to which sections 39.1 and 39.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 39.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 421.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 39.2. Employee designation 39.4 A council may designate an employee or a class of employees who may issue a (a) violation notice under section 39.1; and (b) summons under section 39.2, in accordance with regulations made under section 280.3.
©Earl G. Tucker, Queen's Printer |