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Statutes of Newfoundland and Labrador 2006


CHAPTER 54

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT AND THE PROVINCIAL OFFENCES ACT

(Assented to December 12, 2006)

Analysis


              HIGHWAY TRAFFIC ACT

        1.   S.43 Amdt.
Driver's licence

        2.   S.75 Amdt.
Uninsured vehicle

        3.   S.207 R&S
Second or subsequent offence

              PROVINCIAL OFFENCES ACT

        4.   S.23 Amdt.
Conviction and fine

        5.   Ss.32.1 to 32.4 Added
32.1 Statement of finances
32.2 Examination of
        finances
32.3 Proof of fines owing
32.4 Contempt hearing

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

        7.   S.34 R&S
Issuance, suspension or renewal of instruments

        8.   S.38.1 Added
Garnishment of lottery prizes


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) Subsection 43(3) of the Highway Traffic Act is amended by deleting the reference "subsection (1)" and substituting the reference "paragraph (1)(b)".

             (2)  Section 43 of the Act is amended by adding immediately after subsection (3) the following:

          (3.1)  A person who drives a motor vehicle without a driver's licence in violation of paragraph (1)(a) or (c) is guilty of an offence and is liable

             (a)  in the case of a first conviction, to a fine of $50;

             (b)  in the case of a second conviction, where that second conviction is entered within 2 years of the first conviction,

                      (i)  to a fine of not less than $100 and not more than $200,

                     (ii)  to imprisonment for a term of not more than 30 days, or

                    (iii)  to both a fine and imprisonment; and

             (c)  in the case of a third or subsequent conviction, where that third or subsequent conviction is entered within 5 years of the first conviction,

                      (i)  to a fine of not less than $300 and not more than $500,

                     (ii)  to imprisonment for a period of not less than 31 days and not more than 6 months, or

                    (iii)  to both a fine and imprisonment.

          (3.2)  Where a judge imposes sentences of imprisonment under 2 or more of the following provisions:

             (a)  paragraph (3.1)(b);

             (b)  paragraph (3.1)(c);

             (c)  paragraph 75(5.1)(a); or

             (d)  paragraph 75(5.1)(b),

the judge may, in his or her discretion, direct that the sentences be served consecutively.

        2. The Act is amended by adding immediately after subsection 75(5) the following:

          (5.1)  Where

             (a)  a second conviction has been entered against a person under paragraph (5)(b) for failure to comply with subsection (1) within 2 years of the first conviction, that person is liable,

                      (i)  to a fine set out in the Schedule,

                     (ii)  to imprisonment for a term of not more than 30 days, or

                    (iii)  to both a fine and imprisonment; and

             (b)  a third or subsequent conviction has been entered against a person under paragraph (5)(b) for failure to comply with subsection (1) within 5 years of the first conviction, that person is liable,

                      (i)  to a fine set out in the Schedule,

                     (ii)  to imprisonment for a term of not less than 31 days and not more than 6 months, or

                    (iii)  to both a fine and imprisonment.

          (5.2)  Where a judge imposes sentences of imprisonment under 2 or more of the following provisions:

             (a)  paragraph (5.1)(a);

             (b)  paragraph (5.1)(b);

             (c)  paragraph 43(3.1)(b); or

             (d)  paragraph 43(3.1)(c),

the judge may, in his or her discretion, direct that the sentences be served consecutively.

 

        3. Section 207 of the Act is repealed and the following substituted:

Second or subsequent offence

   207. For the purpose of this Act, except section 110 and paragraphs 43(3.1)(b) and (c) and subsection 75(5.1), and the regulations and regulations made under section 189, an offence shall not be considered a second or subsequent offence unless it has been committed within one year from the date of the last previous offence.

PROVINCIAL OFFENCES ACT

SNL1995 cP-31.1
as amended

        4. The Provincial Offences Act is amended by repealing subsection 23(4) and substituting the following:

             (4)  Except as provided in section 32.4, notwithstanding another enactment, imprisonment shall not be imposed under subsection (1).

 

        5. The Act is amended by adding immediately after section 32 the following:

Statement of finances

   32.1 (1) Where a person has defaulted on the payment of a fine imposed under this Act or another enactment, the minister may provide the person with a statement of fines owing and notify that person that he or she is required to file a statement of finances with the minister.

             (2)  The statement of finances required under subsection (1) shall be in a form prescribed by the minister and shall be filed by the person not more than 15 days after he or she is notified under subsection (1).

             (3)  The minister may extend the period within which the statement of finances is required to be filed by a person under subsection (2).

Examination of finances

   32.2 (1) Where a person fails to comply with section 32.1 within 60 days of

             (a)  the expiry of the period under subsection 32.1(2); or

             (b)  the expiry of the extended time period set by the minister under subsection 32.1(3),

a judge may issue a summons requiring the person to attend at the court  for an examination of his or her finances at a time and place to be set out in the summons.

             (2)  A person summoned under subsection (1) shall appear

             (a)  to show the court why the fine should not be enforced;

             (b)  to be examined on oath or affirmation about his or her finances, including the means or ability the person has to pay the fine;

             (c)  to show the debts that are owing to or by the person;

             (d)  to show the person's assets, income and financial obligations generally; and

             (e)  to show the other information with respect to the person’s finances that the judge may require to evaluate whether the person has wilfully defaulted in the payment of a fine.

             (3)  The summons shall be served personally unless the court directs otherwise.

             (4)  The court may, unless it is satisfied that the person is not in default or that the person is unable for valid reasons to pay the fine owing, order that the person,

             (a)  discharge the arrears of fines owing by the periodic payments that the court considers just;

             (b)  discharge the arrears of fines owing in full by a specified date;

             (c)  comply with the order to pay the fine to the extent of the debtor’s ability to pay, but an order under this paragraph does not affect the accruing of arrears of fines;

             (d)  file those income tax returns that the court considers necessary;

             (e)  report periodically to the court or a person specified in the order; or

              (f)  provide immediately to the court, or to a person specified in the order, particulars of a future change or address, employment or income.

             (5)  The court may vary an order made under subsection (4) where there is a material change in the person's circumstances since the order was made.

Proof of fines owing

   32.3 (1) In proceedings under sections 32.2 and 32.4, a prosecutor shall inform the presiding judge whether the person summoned to the court has unpaid fines entered against him or her.

             (2)  A certificate purporting to be signed by the minister or his or her deputy or by an official in his or her department specially or generally designated for the purpose by the minister regarding fines listed as outstanding and owing by a person is, in the absence of evidence to the contrary, proof of the facts stated in it and is admissible in evidence in a proceeding under section 32.2 or 32.4 and shall be accepted as evidence of the information contained in it without proof of the signature of the person or of his or her official capacity.

Contempt hearing

   32.4 (1) Where a person fails to comply with an order of the court made under section 32.2, a judge may issue a summons requiring the person to attend at the court at a time and place set out in the summons.

             (2)  Where a judge is satisfied that a person has failed to comply with an order made under section 32.2, the judge may, in addition to the other powers of the judge referred to in this Act, incarcerate the person

             (a)  for a period of not more than 30 days for the first failure to comply with an order of the court under section 32.2;

             (b)  for a period of not more than 3 months for a second failure to comply with an order of the court under section 32.2; and

             (c)  for a period of not more than 6 months for a third or subsequent failure to comply with an order of the court under section 32.2.

 

        6. Section 33 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  An order of imprisonment of a person under section 32.4 does not discharge fines owing by the person and a proceeding under this section and another remedy available under this Act is not barred where the court has made an order under that section.

 

        7. Section 34 of the Act is repealed and the following is substituted:

Issuance, suspension or renewal of instruments

      34. (1) Where a person has not paid a fine, including a fine under the Criminal Code payable to the Crown in right of the province imposed within the time allowed for payment, the minister or another minister or person who has the authority under an enactment to issue, suspend or renew a permit, licence, or other permission or instrument may refuse to issue or renew or may suspend that permit, licence, or other permission or instrument

             (a)  unless an agreement has been made with the person with terms satisfactory to the minister or another minister or person referred to in subsection (1) with authority for issuance, suspension or renewal of the permit, licence, or other permission or instrument to pay the fine and the applicable late payment, and the person is in compliance with that agreement; or

             (b)  until the fine and the applicable late payment are paid.

             (2)  The proof of payment for the purpose of subsection (1) is the responsibility of the offender.

 

 

        8. The Act is amended by adding immediately after section 38 the following:

Garnishment of lottery prizes

   38.1 (1) In this section

             (a)  "corporation" means the Atlantic Lottery Corporation;

             (b)  "lottery" means a lottery scheme permitted by virtue of the Criminal Code and conducted and managed by the corporation; and

             (c)  "prize" means a sum of money or goods payable as a prize in a lottery.

             (2)  Where a person convicted under this Act or another enactment who has not paid a fine imposed is entitled to a prize that the corporation values at $1,000 or more, the minister may garnish that prize to the extent of the unpaid fine and in the manner prescribed by the regulations.

             (3)  The Lieutenant-Governor in Council may make regulations respecting the manner of garnishing lottery prizes under subsection (2).