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Newfoundland and Labrador
Regulation 2017


NEWFOUNDLAND AND LABRADOR REGULATION 7/17

NEWFOUNDLAND AND LABRADOR
REGULATION 7/17

Official Inspection Station Regulations (Amendment)
under the
Highway Traffic Act
(O.C. 2017-011)

(Filed February 1, 2017)

Under the authority of subsection 196(1) of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, January 31, 2017.

Bernard M. Coffey, Q.C.
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Application for appointment certificate

        3.   S.21 Amdt.
Penalty


CNLR 1002/96
as amended

        1. Paragraph 2(l) of the Official Inspection Station Regulations is repealed and the following substituted:

              (l)  "previous conviction" means a conviction for an offence under these regulations where the offence was committed within the previous 5 years;

 

        2. Subsection 6(2) of the regulations is repealed and the following substituted:

             (2)  The minister may refuse an application for a certificate of appointment where

             (a)  the applicant fails to meet the requirements prescribed by the Act or these regulations;

             (b)  the applicant is otherwise unsuitable in the opinion of the minister to operate an official inspection station; or

             (c)  the application is to operate an official inspection station at a location at which an official inspection station was previously operated and whose certificate of appointment was suspended or revoked as a result of a conviction under these regulations or the Criminal Code in relation to the safety inspection of vehicles or the operation as an official inspection station.

 

        3. (1) Subsection 21(1) of the regulations is repealed and the following substituted:

Penalty

      21. (1) Every person who fails to comply with or otherwise contravenes these regulations is guilty of an offence and, subject to subsection 10(8), shall be liable on summary conviction as follows:

             (a)  where the offence is a first offence, to a fine of not less than $1,200 nor more than $2,400 and in default of payment of the fine, to imprisonment for a period not less than one month nor more than 3 months; or

             (b)  where the offence is a subsequent offence, to a fine of not less than $2,400 nor more than $4,800 and in default of payment of the fine, to imprisonment for a period of not less than 3 months nor more than 6 months.

             (2)  Paragraph 21(2)(a) of the regulations is repealed and the following substituted:

             (a)  where the offence is a first offence, suspend the certificate of appointment of the person convicted for a period of 12 months; or

             (3)  Subsection 21(4) of the regulations is repealed and the following substituted:

             (4)  Where the person convicted of an offence under these regulations is an authorized inspection mechanic, in addition to the penalties prescribed in these regulations,

             (a)  where the offence is a first offence, that individual is prohibited from performing vehicle safety inspections for a period of 12 months from the date of conviction; and

             (b)  where there has been a previous conviction, that individual is prohibited from performing vehicle safety inspections permanently.

             (4)  Section 21 of the regulations is amended by adding immediately after subsection (4) the following:

         (4.1)  Notwithstanding anything in this section, the minister may, on the recommendation of the registrar, at any time

             (a)  permanently revoke a certificate of appointment; or

             (b)  permanently prohibit an authorized inspection mechanic from performing vehicle safety inspections.