BILL NO. 146

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008



Government Bill



Motor Vehicle Act
(amended)



The Honourable Murray K. Scott
Minister of Transportation and Infrastructure Renewal



First Reading: May 1, 2008

(Explanatory Notes)

Second Reading: May 7, 2008

Third Reading: May 26, 2008 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 amends the definition of a motorcycle.

Clause 2 amends the Motor Vehicle Act to provide that where a revoked driver's licence is restored for the purpose of an ignition interlock program, it remains revoked for all other purposes.

Clauses 3 to 6 establish new provisions in the Motor Vehicle Act respecting seizure and impoundment of motor vehicles in various circumstances.

Clause 7 provides regulation-making powers for the purpose of the seizure and impoundment provision established by Clause 6.

Clauses 8 and 9 change the penalty for driving while one's licence or privilege of obtaining a licence is cancelled, revoked or suspended from the penalty for a category G Offence under the Summary Proceedings Act to the penalty for a category H offence.

Clauses 10 and 11 correct typographical numbering errors in cross-references in amendments to the Motor Vehicle Act in a previous Bill.

Clause 12 provides that the Act comes into force upon proclamation.

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An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act

Be it enacted by the Governor and Assembly as follows:

1 Subclause 2(ac)(i) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed and the following subclause substituted:

2 Section 67 of Chapter 293, as amended by Chapter 12 of the Acts of 1994-95, Chapter 34 of the Acts of 1996, Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 32 of the Acts of 2005, Chapter 38 of the Acts of 2005, Chapter 54 of the Acts of 2005, Chapter 36 of the Acts of 2006 and Chapter 45 of the Acts of 2007, is further amended by adding immediately after subsection (5A) the following subsection:

3 Section 273 of Chapter 293 is repealed and the following Section substituted:

4 Section 274 of Chapter 293 is repealed.

5 (1) Subsection 275(3) of Chapter 293, as enacted by Chapter 12 of the Acts of 2001, is amended by striking out "thirty days, the" in the second line and substituting "fifteen days, the Registrar,".

(2) Section 275 of Chapter 293, as enacted by Chapter 12 of the Acts of 2001, is further amended by adding immediately after subsection (3) the following subsections:

6 Subsection 276(1) of Chapter 293 is repealed and the following subsections substituted:

7 Chapter 293 is further amended by adding immediately after Section 276 the following Section:

8 Section 298 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 8 of the Acts of 2005 and Chapter 45 of the Acts of 2007, is further amended by striking out "or (2)" in the fourth line.

9 Section 299 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by adding "or subsection (2) of Section 287" immediately after "230" in the second line.

10 Section 19 of Chapter 45 of the Acts of 2007, An Act to Amend Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by

(a) striking out "282(1)" in the first line and substituting "282(2)";

(b) striking out ", 106(1)(c)" in the first line of clause (a) and substituting ", 106B(1)(c)";

(c) striking out ", 106(1)(b)" in the first line of clause (b) and substituting ", 106B(1)(b)"; and

(d) striking out ", 106(1)(a)" in the first line of clause (c) and substituting ", 106B(1)(a)".

11 Sections 25 and 26 of Chapter 45 are repealed and the following Sections substituted:

12 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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