BILL NO. 13

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010

Government Bill

Motor Vehicle Act
(amended)

The Honourable Ramona Jennex
Minister of Service Nova Scotia and Municipal Relations

First Reading: March 31, 2010

(Explanatory Note)

Second Reading: April 27, 2010

Third Reading: May 3, 2010 (LINK TO BILL AS PASSED)

This Bill

(a) enables a person requiring an alcohol ignition interlock device in another Canadian jurisdiction to obtain a Nova Scotia driver's licence with the same restriction upon becoming a resident of Nova Scotia;

(b) enables a person who has a revoked status in Nova Scotia for an alcohol-related driving offence and who has become a resident of another Canadian jurisdiction to obtain restoration of the privilege of obtaining a driver's licence in Nova Scotia in order to apply for a driver's licence in that other jurisdiction if the person has applied for participation in an alcohol ignition interlock program in that other jurisdiction and that other jurisdiction has advised the Registrar of Motor Vehicles that it is prepared to accept the person into its program; and

(c) corrects several cross-references in Section 67 of the Motor Vehicle Act and clarifies the requirements respecting alcohol rehabilitation counselling.

2 Chapter 293 is further amended by adding immediately after Section 67 the following Section:

67A (1) Notwithstanding clause (ba) of subsection (5) of Section 67, application may be made for restoration of a person's driver's license or privilege of obtaining a driver's license by a person where the revocation was for a violation of section 253, 254 or 255 or subsection 259(4) of the Criminal Code (Canada) where the disqualification under subsection 259(4) was occasioned by an alcohol-related offence before the expiry of the time periods referred to in clause (ba) of subsection (5) of Section 67, and the Registrar may approve the application if the Registrar is satisfied that

(a) the person is not a resident of the Province at the time of the application;

(b) the person has applied for participation in an alcohol ignition interlock program in another province of Canada; and

(c) the province where the person applied has advised the Registrar that it is prepared to accept the person into its alcohol ignition interlock program.

(2) A decision of the Registrar under subsection (1) is final and is not subject to appeal.

(3) A person whose license or privilege of obtaining a license has been restored pursuant to this Section has the status of an unlicensed driver.

(4) Where the Registrar grants a change of status to a person pursuant to this Section and the person is not issued a license in the province of Canada referred to in the application within thirty days of the Registrar's approval of the application, the person's license status in the Province is deemed to be revoked and any conditions of restoration that were applicable before the status was changed to unlicensed continue to apply.

3 Section 280A of Chapter 293, as enacted by Chapter 36 of the Acts of 2006, is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

(2) The Registrar may require an applicant for a driver's license to participate in an ignition interlock program established pursuant to the regulations as a condition of being granted a license and may suspend the driver's license of any person who fails to participate in such program where required to by such a condition.