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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Motor Vehicle Act
 
Legislature :
55
Session :
3
Bill No. :
19
Member :
Hon. Steeves
First Reading :
2005-12-13
Second Reading :
2005-12-14
Committee of the Whole :
Amended :
Third Reading :
2006-6-8
Royal Assent :
2006-6-22
Download PDF :
  Bill 19         
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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:



1                           Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended



(a)               by repealing paragraph (c.1) of the definition "peace officer" and substituting the following:



(c.1)            for the purposes of paragraph 28(2)(a) and sections 92, 104, 105, 105.1, 110 and 168, any



(i)         fishery officer designated under the Fisheries Act (Canada),



(ii)       conservation officer appointed under the Fish and Wildlife Act,



(iii)    assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer, and



(iv)      forest service officer appointed under the Crown Lands and Forests Act,



designated by the Minister under subsection 15(1.1);



(b)               in the definition "school zone" by striking out "Minister" and substituting "Minister of Transportation";



(c)               in the definition "speed limit" by striking out "Minister" and substituting "Minister of Transportation".



2                           The Act is amended by adding after section 2.1 the following:



2.2                      Notwithstanding section 2.1, the Minister of Transportation is responsible for the administration of section 115, subsections 116(1) and (2) and 119(3), sections 140.1 and 141, subsections 142.1(1), (3), (4), (5) and (7), paragraph 143(1)(d), subsections 146(2), 153(1), 154(1) and 155(1), paragraphs 160(1)(c), 183(1)(c) and 186(1)(c), subsections 186(1.1) and 194(4), (5) and (5.1), paragraph 241(4)(d), section 251.1 and subsections 258(1), 261(1), (3), (3.1), (4.3) and (5), 262(3) and 364(1).



3                           Subsection 15(1.1) of the Act is amended



(a)               by repealing paragraph (a) and substituting the following:



(a)               fishery officer designated under the Fisheries Act (Canada),



(b)               in paragraph (b) by striking out "and" at the end of the paragraph;



(c)               in paragraph (c) by adding "and" at the end of the paragraph;



(d)               by adding after paragraph (c) the following:



(d)               forest service officer appointed under the Crown Lands and Forests Act,



4                           Paragraph 113(1)(i) of the Act is amended by striking out "Lieutenant-Governor in Council" and substituting "Registrar".



5                           Section 115 of the Act is repealed and the following is substituted:



115                   The Minister of Transportation shall adopt a manual and specifications for a uniform system of traffic control devices for use upon highways within the Province and shall provide the manual and specifications to local authorities for their use.



6                           Section 116 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



116(1)            The Minister of Transportation and local authorities shall, in conformity with any specifications provided by the Minister of Transportation, cause traffic control devices to be placed and maintained near or on the highways for the purpose of carrying out the provisions of this Act, the regulations or local by-laws.



(b)               by repealing subsection (2) and substituting the following:



116(2)            The Minister of Transportation may, in writing, authorize a local authority to place and maintain traffic control devices near or on provincial highways within the jurisdiction of the local authority.



(c)               by adding after subsection (2) the following:



116(2.1)       In the written authorization referred to in subsection (2), the Minister of Transportation may specify any term and condition that he or she considers appropriate.



7                           Subsection 119(3) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



8                           Section 140.1 of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



9                           Section 141 of the Act is amended in the portion preceding paragraph (a) by striking out "Minister" and substituting "Minister of Transportation".



10                        Section 142.1 of the Act is amended



(a)               in subsection (1) by striking out "Minister" and substituting "Minister of Transportation";



(b)               by repealing subsection (3) and substituting the following:



142.1(3)       Subject to subsection (4), on application and on payment of any fee prescribed by regulation, the Minister of Transportation may issue a permit, in such form and subject to such terms and conditions as he or she may determine, authorizing a person to drive a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway.



(c)               in subsection (4) by striking out "Minister" and substituting "Minister of Transportation";



(d)               by repealing subsection (5) and substituting the following:



142.1(5)       On payment of any fee prescribed by regulation, the Minister of Transportation may amend or renew a permit issued under subsection (3), subject to such terms and conditions as he or she may determine.



(e)               by repealing subsection (7) and substituting the following:



142.1(7)       The Minister of Transportation may, in his or her discretion, revoke or suspend a permit issued or renewed under this section and may reinstate a suspended permit subject to such terms and conditions as he or she may determine.



11                        Paragraph 143(1)(d) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



12                        Subsection 146(2) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



13                        Subsection 153(1) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



14                        Subsection 154(1) of the Act is amended in the portion preceding paragraph (a) by striking out "Minister" and substituting "Minister of Transportation".



15                        Subsection 155(1) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



16                        Paragraph 160(1)(c) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



17                        Paragraph 183(1)(c) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



18                        Section 186 of the Act is amended



(a)               in paragraph (1)(c) by striking out "Minister" and substituting "Minister of Transportation";



(b)               in subsection (1.1) by striking out "Minister" and substituting "Minister of Transportation".



19                        Section 192 of the Act is amended



(a)               by repealing subsection (2) and substituting the following:



192(2)            No person shall stop a vehicle on a street or roadway to let off or take on passengers or to load or unload the vehicle.



(b)               by adding after subsection (2) the following:



192(2.1)       Notwithstanding subsection (2), a driver of a school bus displaying flashing red lights may stop the school bus on a street or roadway to let off or take on children going to or coming from school.



192(2.2)       Notwithstanding subsection (2), a driver of a vehicle may stop a vehicle to let off or take on passengers or to load or unload the vehicle at or near the curb or the outer edge of the shoulder of the street or roadway in compliance with section 194.



20                        Section 194 of the Act is amended



(a)               by repealing subsection (4) and substituting the following:



194(4)            Local authorities may by by-law permit angle parking on any roadway, except that angle parking shall not be permitted on any provincial highway unless the Minister of Transportation has determined by order that the roadway is of sufficient width to permit angle parking without interference with the free movement of traffic.



(b)               in subsection (5) in the portion preceding paragraph (a) by striking out "Minister" and substituting "Minister of Transportation";



(c)               in subsection (5.1) by striking out "Minister" and substituting "Minister of Transportation".



21                        Subsection 225(4.1) of the Act is repealed and the following is substituted:



225(4.1)       A school bus may display flashing amber lights prior to stopping to let off or take on children going to or coming from school, the lights to consist of two alternately flashing amber lights visible from the front and two alternately flashing amber lights visible from the rear.



22                        Paragraph 241(4)(d) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



23                        Section 261 of the Act is amended



(a)               in subsection (1) by striking out "Minister" and substituting "Minister of Transportation";



(b)               in subsection (3) by striking out "Minister" and substituting "Minister of Transportation";



(c)               in subsection (3.1) by striking out "Minister" and substituting "Minister of Transportation";



(d)               in subsection (5) by striking out "Minister" and substituting "Minister of Transportation".



24                        Section 262 of the Act is amended



(a)               in subsection (3) by striking out "Minister" and substituting "Minister of Transportation";



(b)               in subsection (4) by striking out "Lieutenant-Governor in Council" and substituting "Registrar".



25                        Section 359 of the Act is amended



(a)               by repealing subsection (0.1);



(b)               by repealing subsection (4).



26                        Subsection 364(1) of the Act is amended by striking out "Minister" and substituting "Minister of Transportation".



Commencement

27                        Paragraph 25(a) of this Act comes into force on a day to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(a)               The existing definition is as follows:



"peace officer" means . . .



(c.1)            for the purposes of sections 104, 105, 105.1, 110 and 168 of this Act, any



(i)         fishery officer appointed under the Fisheries Act (Canada),



(ii)       conservation officer appointed under the Fish and Wildlife Act, and



(iii)    assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer,



designated by the Minister under subsection 15(1.1);



(b)               The existing definition is as follows:



"school zone" means that part of a highway designated by the Minister pursuant to section 140.1, or a local authority pursuant to subsection 142(1.1), as a school zone;



(c)                The existing definition is as follows:



"speed limit" means a rate of maximum speed or a rate of minimum speed prescribed under this Act by the Minister or a local or other authority;



Section 2



New provision.



Section 3



(a) to (d)               The existing provision is as follows:



15(1.1)          The Minister may designate any



(a)               fishery officer appointed under the Fisheries Act (Canada),



(b)               conservation officer appointed under the Fish and Wildlife Act, and



(c)                assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer,



to be a peace officer for the purposes of paragraph 28(2)(a) and sections 92, 104, 105, 105.1, 110, and 168 of this Act and to have the powers specified in paragraph (1)(d) except to require a driver to submit to an inspection or test of the equipment of such vehicle.



Section 4



The exiting provision is as follows:



113(1)            A local authority may make by-laws as expressly authorized herein and in addition to the provisions of this Act, but not in conflict therewith, for: . . .



(i)                adopting such other traffic regulations as are deemed advisable and are approved by the Lieutenant-Governor in Council.



Section 5



The existing provision is as follows:



115                   The Registrar, with the approval of the Minister, shall provide for the use of the Minister and local authorities a manual and specifications for a uniform system of traffic control devices for use upon highways within the Province.



Section 6



(a)               The existing provision is as follows:



116(1)            The Minister and local authorities shall, in conformity with any specifications provided by the Registrar, cause traffic control devices to be placed and maintained near or upon the highways for the purpose of carrying out the provisions of this Act, the regulations or local by-laws.



(b)               The existing provision is as follows:



116(2)            Before authorizing any traffic control device to be placed near or upon a Provincial highway, a local authority shall obtain the permission of the Minister or, if the Provincial highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation.



(c)                New provision.



Section 7



The existing provision is as follows:



119(3)            Notwithstanding subparagraph (1)(c)(i), the Minister and local authorities may cause traffic control devices to be erected prohibiting a right turn on a red alone or "Stop", "Arręt", signal and when such traffic control devices are erected no person shall make a right turn when a traffic control signal exhibits a red alone or "Stop", "Arręt", signal.



Section 8



The existing provision is as follows:



140.1               The Minister may designate parts of highways that are in the vicinity of public or private schools to be designated as school zones and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in section 140 for such highways, and such rate of speed may be different for any period or periods of the day or night or during any months of the year.



Section 9



The existing provision is as follows:



141                   The Minister may prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in section 140 for . . .



Section 10



(a)               The existing provision is as follows:



142.1(1)       The Minister may prescribe a rate of minimum speed for any highway or part of a highway, or any class or classes of vehicle, and such rate of minimum speed may be different for any period or periods of the day or night.



(b)               The existing provision is as follows:



142.1(3)       Subject to subsection (4), upon application and upon payment of any fee prescribed by regulation, the Minister may issue a permit in such form and subject to such terms and conditions as the Minister may determine, authorizing a person to drive a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway.



(c)                The existing provision is as follows:



142.1(4)       If a vehicle for which an application is made under subsection (3) is a type that may not be operated on a highway unless its operation is authorized by a special permit issued under subsection 241(4), the Minister shall not issue the permit under subsection (3) unless the special permit has been issued in accordance with subsection 241(4) for the vehicle.



(d)               The existing provision is as follows:



142.1(5)       Upon payment of any fee prescribed by regulation, the Minister may amend or renew a permit issued under subsection (3), subject to such terms and conditions as the Minister may determine.



(e)                The existing provision is as follows:



142.1(7)       The Minister may, in the Minister's discretion, revoke or suspend a permit issued or renewed under this section and may reinstate a suspended permit subject to such terms and conditions as the Minister may determine.



Section 11



The existing provision is as follows:



143(1)            A sign or signs may be erected on a highway giving notice of the speed limit prescribed for the highway, or for any class of motor vehicles, under sections 140, 140.1, 142 or 142.1, as follows: . . .



(d)               by the Minister, on all highways not referred to in paragraphs (a) to (c).



Section 12



The existing provision is as follows:



146(2)            The Minister may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if he thereupon finds that such structure cannot with safety withstand vehicles travelling at the speed otherwise permissible under this Act, he shall determine and declare the maximum speed of vehicles that such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at or near each end of such structure.



Section 13



The existing provision is as follows:



153(1)            Subject to subsection (2), the Minister and local authorities in their respective jurisdictions may cause any highway to be divided into two or more clearly marked lanes for vehicular traffic by means of dotted or solid lines or by means of traffic control devices suspended above the highway, or both and may designate one or more lanes for traffic moving in each direction.



Section 14



The existing provision is as follows:



154(1)            Subject to subsection (1.1), the Minister and local authorities in their respective jurisdictions shall cause markings as described in paragraph (a) or (b) to be made on roadways when overtaking and passing or driving on the left of or over the centre line of the roadway would be especially hazardous, . . .



Section 15



The existing provision is as follows:



155(1)            Subject to subsection (1.1), the Minister may designate any roadway, or any section thereof, as a one-way roadway and shall cause to be erected a traffic control device giving notice thereof.



Section 16



The existing provision is as follows:



160(1)            The use of any controlled-access roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycle may be prohibited as follows: ...



(c)                by the Minister by order, with respect to all other roadways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.



Section 17



The existing provision is as follows:



183(1)            The following may cause stop signs to be erected at railway crossings: . . .



(c)                the Minister, with respect to railway crossings at all other highways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.



Section 18



(a)               The existing provision is as follows:



186(1)            Subject to subsection (1.1), the following may designate through highways and cause stop signs or yield right-of-way signs to be erected at specified entrances to the highways: . . .



(c)                the Minister, with respect to all other highways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.



(b)               The existing provision is as follows:



186(1.1)       A project company having the administration and control of a highway shall cause signs referred to in subsection (1) to be erected at entrances to the highway in accordance with the directions of the Minister.



Section 19



(a)               The existing provision is as follows:



192(2)            No person shall stop a vehicle, other than a school bus displaying flashing red lights, on a street or roadway to let off or take on passengers or to load or unload the vehicle unless the vehicle is stopped at or near the curb or the outer edge of the shoulder of the roadway in compliance with section 194.



(b)               New provisions.



Section 20



(a)               The existing provision is as follows:



194(4)            Local authorities may by by-law permit angle parking on any roadway, except that angle parking shall not be permitted on any Provincial highway unless the Minister has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.



(b)               The existing provision is as follows:



194(5)            Subject to subsection (5.1), the Minister may cause signs to be erected on a provincial highway or any part thereof prohibiting or restricting the stopping, standing or parking of vehicles thereon, where in his opinion such stopping, standing or parking . . .



(c)                The existing provision is as follows:



194(5.1)       If a provincial highway referred to in subsection (5) is under the administration and control of the New Brunswick Highway Corporation, the reference in that subsection to the Minister shall be read as a reference to the Corporation and that subsection applies with any other necessary modifications.



Section 21



The existing provision is as follows:



225(4.1)       A school bus may display flashing amber lights prior to stopping for loading or unloading, such lights to consist of two alternately flashing amber lights visible to the front and two alternately flashing amber lights visible to the rear.



Section 22



The existing provision is as follows:



241(4)            The following may, in their discretion, issue special permits authorizing the operation upon a highway of farm tractors, of other farm machinery or of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks, where such operation would otherwise be prohibited under this Act: . . .



(d)               the Minister, with respect to all other highways.



Section 23



(a)               The existing provision is as follows:



261(1)            The Minister with respect to provincial highways and local authorities with respect to highways under their jurisdiction may in their discretion, upon application and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, with or without load, a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations or otherwise not in conformity with this Act upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which such party is responsible.



(b)               The existing provision is as follows:



261(3)            The Minister or local authority is authorized to issue or withhold such permit at his or its discretion; or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to ensure against undue damage to the road foundations, surfaces, or structures, and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure.



(c)                The existing provision is as follows:



261(3.1)       Where a permit is issued under this section, the Minister or local authority issuing the permit may require for safety, as terms and conditions of the permit in addition to any terms or conditions imposed under subsection (3), the use of escort vehicles, flags, flashing lights, signs relating to excessive size, mass or load, or any other measures he or it considers.



(d)               The existing provision is as follows:



261(5)            For the purposes of this section the Minister may designate a person to act on his behalf.



Section 24



(a)               The existing provision is as follows:



262(3)            Where a local authority imposes restrictions as to the mass of vehicles to be operated on a provincial highway within its limits, the mass permitted shall not be less than the mass permitted on the provincial highway outside its limits by the Minister under the authority of the Highway Act.



(b)               The existing provision is as follows:



262(4)            Notwithstanding subsection 113(2), a by-law or resolution made under the authority of this section is not subject to the approval of the Lieutenant-Governor in Council.



Section 25



(a)               The existing provision is as follows:



359(0.1)       In this section



"lift axle" means an axle fitted with a device that enables the axle to be removed from contact with the ground by the vehicle operator or enables the operator substantially to alter the load carried by the axle.



(b)               The existing provision is as follows:



359(4)            Commencing on January 1, 2005, the number of axles of a vehicle to which this section or the regulations made respecting it are being applied shall not include any lift axle on the vehicle.



Section 26



The existing provision is as follows:



364(1)            No person may construct or establish a drive-in theatre unless the plans, specifications and locations thereof have been approved in writing by the Minister.



Section 27



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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