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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 78/99

NEWFOUNDLAND REGULATION 78/99

Provincial Offences Ticket Regulations, 1999
under the

Provincial Offences Act
(O.C. 99-405)

(Filed September 1, 1999)

Under the authority of section 31 of the Provincial Offences Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, August 26, 1999.

John R. Cummings, Q.C.
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Contravention

        3.   Fine

        4.   Fine

        5.   Forms

        6.   Forms modification

        7.   NR 23/96
Rep.


Short title

        1. These regulations may be cited as the Provincial Offences Ticket Regulations, 1999.

Contravention

        2. For a contravention of

             (a)  a provision of the Highway Traffic Act or a regulation made under that Act;

             (b)  a provision relating to the regulation of traffic, of the City of St. John's Act, the City of Corner Brook Act, the City of Mount Pearl Act or the Municipalities Act or of a regulation or by‑law, regulating traffic of a city, town or municipality incorporated or continued under either of those Acts;

             (c)  a provision of section 35 of the Memorial University Act, or a regulation made under that section;

             (d)  a provision of section 35 of the Works, Services and Transportation Act, or a regulation made under that section;

             (e)  a provision of the Dangerous Goods Transportation Act or a regulation made under that Act;

              (f)  a provision of the Motorized Snow Vehicles and All‑Terrain Vehicles Act or a regulation made under that Act;

             (g)  a provision of the Motor Carrier Act or a regulation made under that Act;

             (h)  subsection 27(5), 77(1) or 80(1) of the Liquor Control Act;

              (i)  a provision of the Tobacco Control Act or a regulation made under that Act;

              (j)  a provision of the Forestry Act or a regulation made under that Act;

             (k)  section 23.1 of the Waste Material Disposal Act; or

              (l) one of the following provisions of the Wild Life Regulations

                      (i)  paragraph 6(1)(b),

                     (ii)  subsection 6(2),

                    (iii)  section 18,

                    (iv)  subsections 74(1) and (3),

                     (v)  subsection 75(1),

                    (vi)  section 102,

                   (vii)  subsections 107(1), (2), (3), (4), (5), (7), (19), (20), or

                  (viii)  subsection 111(1),

a complaint may be laid and summons issued by means of a ticket instead of the procedure set out in the Criminal Code for laying an information and for issuing a summons.

Fine

        3. A fine of $100 shall be the minimum penalty for a violation of the Motorized Snow Vehicles and All‑Terrain Vehicles Act or a regulation made under that Act, unless that Act or regulation establishes another minimum penalty for that violation.

Fine

        4. For a violation of the Wild Life Regulations described in paragraph 2(l)

             (a)  for a first offence, a minimum fine of $75 or in default of payment, imprisonment for 3 days; or

             (b)  for a subsequent offence, a fine of $150 or in default of payment, imprisonment for 6 days.

Forms

        5. Forms provided by the department for the purposes of these regulations may be used to commence proceedings under the Provincial Offences Act for the contraventions listed in section 2.

Forms modification

        6. The forms referred to in section 5 may be modified to the extent necessary to reflect the fines applicable for a contravention of a given enactment and that modification will not be a material deviation.

NR 23/96
Rep.

        7. The Provincial Offences Ticket Regulations, Newfoundland Regulation 23/96, is repealed.