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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act Respecting the Fines for Provincial Offences
 
Legislature :
55
Session :
1
Bill No. :
69
Member :
Hon. Brad Green, Q.C.
First Reading :
2004-6-23
Second Reading :
2004-6-24
Committee of the Whole :
2004-6-25
Amended :
Third Reading :
2004-6-29
Royal Assent :
2004-6-30
Download PDF :
  Bill 69         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



PART 1

Provincial Offences Procedure Act

1(1)                   Section 56 of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:



56(1)               Where an Act makes an offence punishable as a category A offence, a judge shall impose a fine of one hundred and forty dollars.



56(2)               Where an Act makes an offence punishable as a category B offence, a judge shall impose a fine of not less than one hundred and forty dollars and not more than three hundred and twenty dollars.



56(3)               Where an Act makes an offence punishable as a category C offence, a judge shall impose a fine of not less than one hundred and forty dollars and not more than five hundred and seventy dollars.



56(4)               Where an Act makes an offence punishable as a category D offence, a judge shall impose a fine of not less than one hundred and forty dollars and not more than one thousand and seventy dollars.



56(5)               Where an Act makes an offence punishable as a category E offence, a judge shall impose a fine of not less than two hundred and forty dollars and not more than two thousand six hundred and twenty dollars.



56(6)               Where an Act makes an offence punishable as a category F offence, a judge shall impose a fine of not less than two hundred and forty dollars and not more than five thousand one hundred and twenty dollars.



56(7)               Where an Act makes an offence punishable as a category G offence, a judge shall impose a fine of not less than two hundred and forty dollars and not more than seven thousand six hundred and twenty dollars.



56(8)               Where an Act makes an offence punishable as a category H offence, a judge shall impose a fine of not less than five hundred dollars and not more than ten thousand two hundred and fifty dollars.



56(9)               Where an Act makes an offence punishable as a category I offence, a judge shall impose a fine of not less than five hundred dollars and not more than twenty-five thousand two hundred and fifty dollars.



56(10)            Where an Act makes an offence punishable as a category J offence, a judge shall impose a fine of not less than five hundred dollars and not more than one hundred thousand two hundred and fifty dollars.



1(2)                   Section 57 of the Act is repealed and the following is substituted:



57                        Notwithstanding any maximum fine set for an offence under section 56, where a defendant is convicted of a categorized offence for which, on a previous conviction of the same offence, the defendant has been sentenced to the maximum fine available for that offence, the maximum fine the judge may impose is as follows:



(a)               for a category A offence, one hundred and seventy dollars,



(b)               for a category B offence, five hundred and seventy dollars,



(c)                for a category C offence, one thousand and seventy dollars,



(d)               for a category D offence, two thousand five hundred and seventy dollars,



(e)                for a category E offence, five thousand one hundred and twenty dollars,



(f)                for a category F offence, seven thousand six hundred and twenty dollars,



(g)               for a category G offence, ten thousand one hundred and twenty dollars,



(h)               for a category H offence, twenty-five thousand two hundred and fifty dollars,



(i)                for a category I offence, one hundred thousand two hundred and fifty dollars,



(j)                for a category J offence, two hundred and fifty thousand two hundred and fifty dollars.



PART 2

Crown Lands and Forests Act

2                           Section 67 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended



(a)               in subsection (2.1) by striking out "five hundred" and substituting "one thousand";



(b)               in subsection (2.2) by striking out "five thousand" and substituting "ten thousand".



Gasoline and Motive Fuel Tax Act

3                           Subsection 39(1.1) of the Gasoline and Motive Fuel Tax Act, chapter G-3 of the Revised Statutes, 1973, is amended by striking out "five hundred" and substituting "one thousand".



Motor Vehicle Act

4                           Subsection 17.1(2.1) of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by striking out "five hundred" and substituting "one thousand".



Tobacco Tax Act

5                           Subsection 18(1.1) of the Tobacco Tax Act, chapter T-7 of the Revised Statutes, 1973, is amended by striking out "five hundred" and substituting "one thousand".



Commencement

6                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(1)                      The existing provision is as follows:



56(1)               Where an Act makes an offence punishable as a category A offence, a judge shall impose a fine of seventy dollars.



56(2)               Where an Act makes an offence punishable as a category B offence, a judge shall impose a fine of not less than seventy dollars and not more than two hundred and fifty dollars.



56(3)               Where an Act makes an offence punishable as a category C offence, a judge shall impose a fine of not less than seventy dollars and not more than five hundred dollars.



56(4)               Where an Act makes an offence punishable as a category D offence, a judge shall impose a fine of not less than seventy dollars and not more than one thousand dollars.



56(5)               Where an Act makes an offence punishable as a category E offence, a judge shall impose a fine of not less than one hundred and twenty dollars and not more than two thousand five hundred dollars.



56(6)               Where an Act makes an offence punishable as a category F offence, a judge shall impose a fine of not less than one hundred and twenty dollars and not more than five thousand dollars.



56(7)               Where an Act makes an offence punishable as a category G offence, a judge shall impose a fine of not less than one hundred and twenty dollars and not more than seven thousand five hundred dollars.



56(8)               Where an Act makes an offence punishable as a category H offence, a judge shall impose a fine of not less than two hundred and fifty dollars and not more than ten thousand dollars.



56(9)               Where an Act makes an offence punishable as a category I offence, a judge shall impose a fine of not less than two hundred and fifty dollars and not more than twenty-five thousand dollars.



56(10)            Where an Act makes an offence punishable as a category J offence, a judge shall impose a fine of not less than two hundred and fifty dollars and not more than one hundred thousand dollars.



(2)                      The existing provision is as follows:



57                        Notwithstanding any maximum fine set for an offence under section 56, where a defendant is convicted of a categorized offence for which, on a previous conviction of the same offence, the defendant has been sentenced to the maximum fine available for that offence, the maximum fine the judge may impose is as follows:



(a)               for a category A offence, one hundred dollars,



(b)               for a category B offence, five hundred dollars,



(c)                for a category C offence, one thousand dollars,



(d)               for a category D offence, two thousand five hundred dollars,



(e)                for a category E offence, five thousand dollars,



(f)                for a category F offence, seven thousand five hundred dollars,



(g)               for a category G offence, ten thousand dollars,



(h)               for a category H offence, twenty-five thousand dollars,



(i)                for a category I offence, one hundred thousand dollars,



(j)                for a category J offence, two hundred and fifty thousand dollars.



Section 2



(a)               The existing provision is as follows:



67(2.1)          Notwithstanding subsection 56(8) of the Provincial Offences Procedure Act, and subject to subsection (2.2), the minimum fine that may be imposed by a judge under that Act in respect of a violation under subsection (1) shall be five hundred dollars.



(b)               The existing provision is as follows:



67(2.2)          Where a judge is satisfied that an offence under subsection (1) was committed for financial advantage, the minimum fine that may be imposed by the judge under the Provincial Offences Procedure Act in respect of a violation under subsection (1) shall be five thousand dollars.



Section 3



The existing provision is as follows:



39(1.1)          Notwithstanding subsection 56(5) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of a violation of subsection (1) shall be five hundred dollars.



Section 4



The existing provision is as follows:



17.1(2.1)      Notwithstanding section 51 and subsection 56(8) of the Provincial Offences Procedure Act, a judge shall impose a fine under that Act of not less than five hundred dollars on a person convicted of an offence under subsection (2) and the Provincial Offences Procedure Act shall apply to such a conviction, with the necessary modifications, in all other respects.



Section 5



The existing provision is as follows:



18(1.1)          Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of a violation of subsection 2.2(1), (1.4), (1.5) or (1.6) shall be five hundred dollars and the Provincial Offences Procedure Act shall apply to such a violation with the necessary modifications in all other respects.



Section 6



Commencement provision.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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