2023 Bill 79

Second Session, 50th General Assembly

2 Charles III, 2024

BILL 79

AN ACT TO AMEND THE

HIGHWAY TRAFFIC ACT AND THE PROVINCIAL OFFENCES ACT

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

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

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

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

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

HONOURABLE SARAH STOODLEY

Minister of Digital Government and Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

· allow the minister to designate persons who are not officers of the Department of Digital Government and Service Newfoundland and Labrador as traffic compliance officers;

· provide traffic compliance officers with the powers of a peace officer for the purpose of enforcing a violation of a section referenced in section 177.1 of the Act using an image capturing enforcement system;

· incorporate gender-neutral language;

· update names of government departments; and

· replace a reference to "Trial Division" with the correct reference "Supreme Court".

This Bill would amend the Provincial Offences Act to

· allow for the service of tickets by electronic means in accordance with the regulations;

· allow the Lieutenant-Governor in Council to make regulations respecting the service of tickets by electronic means;

· incorporate gender-neutral language;

· update names of government departments; and

· replace a reference to "Trial Division" with the correct reference "Supreme Court".

A BILL

AN ACT TO AMEND THE

HIGHWAY TRAFFIC ACT AND THE PROVINCIAL OFFENCES ACT

Analysis

HIGHWAY TRAFFIC ACT

1. S.2 Amdt.
Definitions

2. S.7 Amdt.
Registrar shall examine applications

3. S.9 Amdt.
Powers of registrar

4. S.11 Amdt.
Application for registration

5. S.16.1 Amdt.
Non-payment of fines

6. S.23 Amdt.
Prohibition

7. S.27.1 Amdt.
Telewarrants

8. S.28 Amdt.
Licence, etc. property of Crown

9. S.38 Amdt.
Change of address

10. S.43 Amdt.
Driver’s licence

11. S.45 Amdt.
Application for licence

12. S.48 Amdt.
Registrar shall not issue licence

13. S.49 Amdt.
Licence to be signed

14. S.52 Amdt.
Possession of another's licence

15. S.53 Amdt.
Driver licensed in another jurisdiction

16. S.55 Amdt.
Novice driver’s licence

17. S.55.2 Amdt.
Offence

18. S.56 Amdt.
Rental prohibited

19. S.58 Amdt.
Change of name

20. S.59 Amdt.
Offence

21. S.60.1 Amdt.
Request for surrender of driver's licence at roadside

22. S.60.2 Amdt.
Periods of suspension

23. S.60.3 Amdt.
Periods of suspension – commercial vehicle, taxi or motor vehicle used for a ride-sharing service

24. S.60.4 Amdt.
Periods of suspension – driver under 22 and not a novice driver

25. S.60.5 Amdt.
Periods of suspension – novice driver

26. S.60.7 Amdt.
Suspensions generally

27. S.60.8 Amdt.
Surrender of driver's licence required

28. S.60.11 Amdt.
Screening accompanying driver

29. S.60.12 Amdt.
Appeal of 90 day suspension

30. S.60.14 Amdt.
Decision of registrar

31. S.65 Amdt.
Suspension or cancellation

32. S.71 Amdt.
Where licence suspended or cancelled

33. S.72 Amdt.
Driver to return licence

34. S.73 Amdt.
Wrongful procurement of licence

35. S.73.1 Amdt.
Mandatory use of ignition interlock device

36. S.75 Amdt.
Uninsured vehicle

37. S.79 Amdt.
Garage, etc. policy

38. S.81 Amdt.
Registrar shall suspend licence

39. S.82 Amdt.
Application to judge by judgment creditor

40. S.84.1 Amdt.
Appeal

41. S.96 Amdt.
Overtaking another vehicle

42. S.97 Amdt.
Conditions for passing on right

43. S.103 Amdt.
Restriction on vehicle following another

44. S.104 Amdt.
Divided roadways

45. S.106 Amdt.
Traffic control devices

46. S.107 Amdt.
Erection of other devices prohibited

47. S.108 Amdt.
No advertising on device

48. S.110 Amdt.
Imprudent driving

49. S.110.01 Amdt.
Driving causing death or bodily harm

50. S.111 Amdt.
Slow driving

51. S.111.1 Amdt.
Slow moving vehicle

52. S.114 Amdt.
Driver signals

53. S.115 Amdt.
Turn at intersection

54. S.116 Amdt.
Turning to proceed in opposite direction

55. S.117 Amdt.
Restriction on turning

56. S.119 Amdt.
Turning left in intersection

57. S.120 Amdt.
Driver to yield right-of-way

58. S.121.1 Amdt.
Stopped emergency or designated vehicle

59. S.123 Amdt.
Privileges of emergency vehicle

60. S.129 Amdt.
Bicyclists

61. S.130 Amdt.
Towing of bicyclists, etc. prohibited

62. S.137 Amdt.
Stopping for school buses

63. S.149 Amdt.
Authority to remove vehicles

64. S.160 Amdt.
Following emergency vehicle

65. S.162 Amdt.
Officer may direct traffic

66. S.163 Amdt.
Littering highway

67. S.169 Amdt.
Accident information

68. S.170 Amdt.
Accident involving property

69. S.175 Amdt.
Inspector may weigh vehicle

70. S.176 Amdt.
Radar detectors

71. S.176.1 Amdt.
Cellular telephones and other communication devices

72. S.178 Amdt.
Seat belts

73. S.178.1 Amdt.
Child seat restraint systems

74. S.186 Amdt.
Regulations

75. S.187 Amdt.
Minister may make regulations

76. S.189 Amdt.
Municipal regulations

77. S.189.1 Amdt.
Airport authority regulations

78. S.189.2 Amdt.
Airport authority fines

79. S.190 Amdt.
Council's powers

80. S.191 Amdt.
St. John's Traffic Commission

81. S.192 Amdt.
Corner Brook Traffic Commission

82. S.193 Amdt.
Mount Pearl Traffic Commission

83. S.194 Amdt.
Regulations re: instructors

84. S.197 Amdt.
Regulations re: Safety Code

85. S.201.1 Amdt.
Peace officer may stop vehicles

86. S.205 Amdt.
Refusal to give information

87. S.210 Amdt.
Liability of owner for penalties

88. S.212 Amdt.
Disposition of fines

89. Sch. Amdt.

PROVINCIAL OFFENCES ACT

90. S.2 Amdt.
Interpretation

91. S.11 Amdt.
Issuing and contents of tickets

92. S.14 Amdt.
Service

93. S.17 Amdt.
Proof of service

94. S.18.1 Amdt.
Ticket

95. S.24 Amdt.
New trial

96. S.25 Amdt.
Arrest for failure to appear

97. S.28 Amdt.
Appearance not required

98. S.30 Amdt.
Judge may infer information from ticket

99. S.31 Amdt.
Regulations

100. S.32.1 Amdt.
Statement of finances

101. S.32.2 Amdt.
Examination of finances

102. S.32.3 Amdt.
Proof of fines owing

103. S.33 Amdt.
Judgment on failure to pay fine

104. S.35 Amdt.
Application of Judgment Enforcement Act

105. S.44 Amdt.
Powers of judge

106. S.50 Amdt.
Incriminating answers

107. S.51 Amdt.
Records

108. Commencement

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

HIGHWAY TRAFFIC ACT

RSNL1990 cH-3
as amended

1. (1) Paragraph 2(i) of the Highway Traffic Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Section 2 of the Act is amended by adding immediately after paragraph (uuu) the following:

(uuu.1) "traffic compliance officer" means a person designated under subsection 9(1.1);

(3) Paragraph 2(vvv) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

2. Section 7 of the Act is amended by deleting the words "he or she" and substituting the words "the registrar".

3. (1) Paragraph 9(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

(2) Section 9 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The minister may designate persons who are not officers of the department as traffic compliance officers and those persons shall have the power of peace officers for the purpose of enforcing a section of the Act referenced in section 177.1 using an image capturing enforcement system.

4. Subsection 11(10) of the Act is amended by deleting the words "his or her" and substituting the words "the owner's".

5. Subsection 16.1(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person''.

6. Subsection 23(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

7. Subsection 27.1(5) of the Act is amended by deleting the words "he or she" and substituting the words "the inspector".

8. Subsection 28(1) of the Act is amended by deleting the words "his or her" and substituting the words "the registrar's".

9. Section 38 of the Act is amended by deleting the words "his or her".

10. Subsection 43(7) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

11. Subsection 45(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

12. (1) Paragraph 48(1)(n) of the Act is amended by deleting the words "him or her" and substituting the words "the person".

(2) Subsection 48(4) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

(3) Subsection 48(5) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

13. Subsection 49(4) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the word "their".

14. Section 52 of the Act is amended by deleting the words "hold himself or herself out" and substituting the word "represent".

15. Subsection 53(1) of the Act is amended by

(a) deleting the words "his or her"; and

(b) deleting the words "he or she" and substituting the words "the person".

16. Subsection 55(1) of the Act is amended by deleting the words "him or her" and substituting the words "that person".

17. Section 55.2 of the Act is amended by deleting the words "him or her" and substituting the words "the novice driver or accompanying driver".

18. Subsection 56(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

19. Section 58 of the Act is amended by deleting the words "his or her".

20. Subsection 59(2) of the Act is amended by deleting the words "his or her" and substituting the word "the".

21. (1) Paragraphs 60.1(1)(c) to (e) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the word "their".

(2) Subsection 60.1(2) of the Act is amended by deleting the words "his or her" and substituting the word "their".

(3) Subsection 60.1(3) of the Act is amended by deleting the words "his or her" and substituting the word "the".

22. (1) Subsection 60.2(1) of the Act is amended by deleting the words "he or she fails or refuses" and substituting the words "they fail or refuse".

(2) Subsections 60.2(3) to (8) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the word "their".

23. Subsections 60.3(4) to (9) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the word "their".

24. (1) Subsection 60.4(1) of the Act is amended by deleting the words "he or she fails or refuses" and substituting the words "they fail or refuse".

(2) Subsections 60.4(4) to (9) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the word "their".

25. (1) Subsection 60.5(1) of the Act is amended by deleting the words "he or she fails or refuses" and substituting the words "they fail or refuse".

(2) Subsections 60.5(4) to (8) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the word "their".

(3) Subsection 60.5(9) of the Act is amended by

(a) deleting the words "his or her" wherever they appear and substituting the word "their"; and

(b) deleting the words "him or her" and substituting the word "them".

(4) Subsection 60.5(10) of the Act is amended by deleting the words "his or her" and substituting the word "their".

26. (1) Subparagraph 60.7(3)(b)(i) of the Act is amended by deleting the words "his or her" and substituting the word "their".

(2) Subparagraph 60.7(3)(b)(ii) of the Act is amended by deleting the words "he or she" and substituting the word "they".

(3) Subparagraph 60.7(3)(b)(iii) of the Act is amended by deleting the words "his or her" and substituting the word "their".

27. Section 60.8 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

28. (1) Subsection 60.11(1) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the accompanying driver's"; and

(b) deleting the words "he or she" and substituting the words "the accompanying driver".

(2) Subsections 60.11(2), (4), (5), (8), (9) and (10) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the words "the accompanying driver's".

(3) Paragraph 60.11(11)(a) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the accompanying driver's".

(4) Paragraph 60.11(11)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the accompanying driver's".

(5) Paragraph 60.11(11)(c) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the accompanying driver"; and

(b) deleting the words "his or her" and substituting the words "the accompanying driver's".

(6) Subsection 60.11(12) of the Act is amended by deleting the words "him or her" and substituting the words "the accompanying driver".

(7) Subsection 60.11(13) of the Act is amended by deleting the words "his or her" and substituting the words "the accompanying driver's".

29. (1) Subsection 60.12(1) of the Act is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the person"; and

(b) deleting the words "his or her" wherever they appear.

(2) Subsection 60.12(2) of the Act is amended by

(a) deleting the words "his or her appeal" and substituting the words "the appeal"; and

(b) deleting the words "his or her driver's licence" and substituting the words "the person's driver's licence".

(3) Paragraph 60.12(4)(b) of the Act is amended by deleting the words "his or her" and substituting the word "the".

(4) Paragraph 60.12(5)(b) of the Act is amended by deleting the words "his or her" and substituting the word "the".

(5) Subsection 60.12(6) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the person"; and

(b) deleting the words "his or her" and substituting the word "the".

30. Subsection 60.14(1) of the Act is amended by deleting the words "his or her" and substituting the word "the".

31. Subsection 65(1.2) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

32. Subsection 71(7) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

33. Subsection 72(2) of the Act is amended by deleting the words "he or she" and substituting the words "the traffic officer".

34. Subsection 73(1) of the Act is amended by deleting the words "applies for or obtains the issue to him or her" and substituting the words "applies for, obtains".

35. Subsection 73.1(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

36. (1) Paragraph 75(5)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 75(5.2) of the Act is amended by deleting the words "his or her" and substituting the words "the judge's".

(3) Subsection 75(6.3) of the Act is amended by deleting the words "his or her" and substituting the word "the".

37. Paragraph 79(1)(b) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the named insured"; and

(b) deleting the words "his or her" and substituting the words "the insured's".

38. Subsection 81(2) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

39. Subsection 82(2) of the Act is amended by deleting the words "he or she" and substituting the words "the judgment debtor".

40. Subsection 84.1(1) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

41. Paragraph 96(2)(b) of the Act is amended by deleting the words "his or her" and substituting the word "the".

42. Paragraph 97(1)(a) of the Act is amended by deleting the words "his or her" and substituting the word "the".

43. (1) Subsection 103(2) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

(2) Subsection 103(3) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

44. Section 104 of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

45. (1) Subsection 106(1) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(2) Subsection 106(33) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(3) Subsection 106(34) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

46. Section 107 of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

47. Section 108 of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

48. (1) Paragraph 110(1)(d) of the Act is amended by deleting the words "his or her driving of" and substituting the word "driving".

(2) Subsection 110(2) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

49. Paragraph 110.01(c) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

50. Subsection 111(2) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

51. Subsection 111.1(3) of the Act is amended by deleting the words "him or her" wherever they appear and substituting the words "the minister".

52. (1) Subsection 114(1) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

(2) Subsection 114(2) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

53. (1) Subsection 115(5) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

(2) Subsection 115(6) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

54. Section 116 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the driver".

55. Subsection 117(3) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

56. Section 119 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the driver".

57. Section 120 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the driver".

58. Paragraph 121.1(2)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's".

59. (1) Subsection 123(2) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

(2) Subsection 123(2.1) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

(3) Subsection 123(4) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

60. Subsection 129(3) of the Act is amended by deleting the words "he or she" and substituting the words "that person".

61. Section 130 of the Act is amended by deleting the words "himself or herself" and substituting the word "themself".

62. Paragraph 137(1)(b) of the Act is amended by deleting the words "he or she" and substituting the words "the driver of the vehicle".

63. (1) Subsection 149(1) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(2) Subsection 149(2) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(3) Subsection 149(6) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(4) Subsection 149(7) of the Act is amended by

(a) deleting the words "Department of Works, Services and Transportation" and substituting the words "Department of Transportation and Infrastructure"; and

(b) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(5) Subsection 149(8) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(6) Subsection 149(9) of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the words "he or she" and substituting the words "the Minister of Transportation and Infrastructure".

(7) Subsection 149(10) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(8) Subsection 149(11) of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the words "him or her" and substituting the words "the Minister of Transportation and Infrastructure".

(9) Subsection 149(12) of the Act is amended by deleting the words "Minister of Government Services and Lands" and substituting the word "minister".

(10) Subsection 149(13) of the Act is amended by deleting the words "Department of Government Services and Lands" and substituting the word "department".

64. Subsection 160(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

65. Section 162 of the Act is amended by deleting the words "his or her" and substituting the words "the officer's".

66. Subsection 163(5) of the Act is amended by deleting the words "he or she" and substituting the words "the owner".

67. (1) Paragraph 169(1)(b) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the driver's".

(2) Subsection 169(5) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

(3) Paragraph 169(6)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

68. Subsection 170(4) of the Act is amended by deleting the words "he or she" and substituting the words "the driver".

69. Paragraph 175(5)(c) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the person"; and

(b) deleting the words "his or her" and substituting the words "the person's".

70. Paragraph 176(2)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the peace officer's".

71. Paragraph 176.1(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the peace officer's".

72. (1) Paragraph 178(5)(e) of the Act is amended by

(a) deleting the words "his or her" wherever they appear and substituting the words "the peace officer's"; and

(b) deleting the words "him or her" and substituting the words "the peace officer".

(2) Paragraph 178(5)(f) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the peace officer's".

(3) Paragraph 178(7)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the officer's".

73. Paragraph 178.1(4)(b) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the peace officer's".

74. (1) Subparagraph 186(1)(h)(iv) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the registrar"; and

(b) deleting the words "his or her".

(2) Subparagraph 186(1)(h)(vi) of the Act is amended by deleting the words "he or she" and substituting the words "that novice driver or driver".

(3) Clause 186(1)(i)(v)(B) of the Act is amended by deleting the words "him or her" and substituting the words "the owner".

(4) Subparagraph 186(1)(i)(vii) of the Act is repealed and the following substituted:

(vii) enabling the owner and operator of the vehicle to apply for early release of the vehicle where the owner and operator establish that they had no reason to believe that they were disqualified from driving,

75. Subsection 187(1) of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the words "Minister of Government Services and Lands" and substituting the word "minister".

76. (1) Subsection 189(1) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(2) Subsection 189(2) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

(3) Subsection 189(3) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

77. Subsection 189.1(2) of the Act is amended by deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure".

78. (1) Subsection 189.2(1) of the Act is amended by deleting the words "Department of Justice" and substituting the words "Department of Justice and Public Safety".

(2) Subsection 189.2(2) of the Act is amended by deleting the words "Minister of Justice" and substituting the words "Minister of Justice and Public Safety".

79. Subsection 190(1) of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the word "minister" wherever it appears and substituting the words "Minister of Transportation and Infrastructure".

80. Section 191 of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the word "minister" and substituting the words "Minister of Transportation and Infrastructure".

81. Section 192 of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the word "minister" and substituting the words "Minister of Transportation and Infrastructure".

82. Section 193 of the Act is amended by

(a) deleting the words "Minister of Works, Services and Transportation" and substituting the words "Minister of Transportation and Infrastructure"; and

(b) deleting the word "minister" and substituting the words "Minister of Transportation and Infrastructure".

83. (1) Paragraph 194(1)(b) of the Act is amended by deleting the words "him or her" and substituting the words "the instructor".

(2) Paragraph 194(1)(e) of the Act is repealed and the following substituted:

(e) prohibiting a person from advertising or otherwise representing to be an instructor for compensation or instructing a person for compensation where the person does not hold a certificate issued in accordance with regulations made under paragraph (a) and a licence issued by the registrar under regulations made under section 195.

84. Paragraph 197(1)(i.1) of the Act is amended by deleting the words "his or her" and substituting the words "the commercial motor vehicle carrier's".

85. (1) Subsection 201.1(1) of the Act is amended by deleting the words "his or her" and substituting the words "the peace officer's".

(2) Subsection 201.1(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the driver's".

(3) Subsection 201.1(3) of the Act is amended by deleting the words "his or her" and substituting the words "the passenger's".

(4) Subsection 201.1(4) of the Act is amended by deleting the words "his or her" and substituting the words "the driver's or passenger's".

86. Subsection 205(1) of the Act is amended by deleting the words "his or her" and substituting the word "their".

87. Subsection 210(2) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the owner".

88. (1) Subsection 212(1) of the Act is amended by deleting the words "Department of Justice" and substituting the words "Department of Justice and Public Safety".

(2) Subsection 212(2) of the Act is amended by deleting the words "Minister of Justice" wherever they appear and substituting the words "Minister of Justice and Public Safety".

(3) Subsection 212(3) of the Act is amended by deleting the words "Minister of Justice" and substituting the words "Minister of Justice and Public Safety".

89. (1) The Schedule to the Act is amended by deleting the words "his or her" in the offence column in the row starting with 59(1)(c) and substituting the words "the person's".

PROVINCIAL OFFENCES ACT

SNL1995 c.P-31.1
as amended

90. Paragraph 2(1)(a.1) of the Provincial Offences Act is amended by deleting the words "he or she" and substituting the words "the person".

91. (1) Subsection 11(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 11(4) of the Act is amended by deleting the words "he or she".

92. (1) Paragraph 14(1)(a) of the Act is amended by deleting the words "him or her at his or her" and substituting the words "the person at the person's".

(2) Subsection 14(1) of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by regulation, authorize the service of a ticket issued under this Part by electronic means in accordance with the regulations for an offence prescribed in the regulations.

(3) Subsection 14(6) of the Act is repealed and the following substituted:

(6) Subject to sections 23, 24 and 25,

(a) a ticket or summons served in accordance with paragraph (1)(b), subsection (2) or subsection (4) shall be considered to have been served on the seventh day after the day on which the ticket or summons is mailed; and

(b) a ticket served in accordance with subsection (1.1) shall be considered to have been served on the day prescribed in the regulations.

(4) Subsection 14(9) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

93. Paragraph 17(1)(a) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

94. Section 18.1 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

95. (1) Subsection 24(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

(2) Subsection 24(3) of the Act is amended by deleting the words "him or her" and substituting the words "the judge".

96. (1) Subsection 25(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Subsection 25(2) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the person"; and

(b) deleting the words "his or her" and substituting the words "the person's".

97. Section 28 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

98. Subsection 30(1) of the Act is amended by deleting the words "him or her" wherever they appear and substituting the words "the judge".

99. Section 31 of the Act is amended by adding immediately after paragraph (e) the following:

(e.1) authorizing the service of a ticket by electronic means;

(e.2) prescribing the offences for which a ticket may be served by electronic means;

(e.3) respecting the service of a ticket by electronic means;

(e.4) prescribing the day on which a ticket that is served by electronic means is considered to have been served;

100. (1) Subsection 32.1(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Subsection 32.1(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

101. (1) Subsection 32.2(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Paragraph 32.2(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

102. (1) Subsection 32.3(1) of the Act is amended by deleting the words "him or her" and substituting the words "the person".

(2) Subsection 32.3(2) of the Act is amended by

(a) deleting the words "his or her deputy" and substituting the words "the minister's deputy";

(b) deleting the words "his or her department" and substituting the words "the minister's department"; and

103. Subsection 33(1) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

104. Section 35 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

105. Section 44 of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the judge"; and

(b) deleting the words "Public Inquiries Act" and substituting the words "Public Inquiries Act, 2006".

106. (1) Subsection 50(1) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the witness"; and

(b) deleting the words "his or her" and substituting the words "the witness's".

(2) Subsection 50(2) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the witness"; and

(b) deleting the words "him or her" and substituting the words "the witness".

107. Subsection 51(1) of the Act is amended by deleting the words "him or her" and substituting the words "the judge".

Commencement

108. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.