3rd Session, 61st General Assembly
60 Elizabeth II, 2011
The Honourable Bill Estabrooks, M.B.
Minister of Transportation and Infrastructure Renewal
First Reading: April 1, 2011
Second Reading: April 5, 2011
Third Reading: May 10, 2011 (LINK TO BILL AS PASSED)
This Bill amends the Motor Vehicle Act to increase by 12 months the period following the revocation of a driverís licence, or the privilege of obtaining a driverís licence, before an application for restoration of the driverís licence or privilege can be made if the Registrar of Motor Vehicles is satisfied that at the time of the offence there was a child under the age of 16 years in the vehicle.
1 Section 67 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, 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 30 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, Chapter 45 of the Acts of 2007, Chapter 21 of the Acts of 2008 and Chapter 20 of the Acts of 2010, is further amended by adding immediately after subsection (5B) the following subsection:
(2) Where a peace officer has reason to believe that a person committed an offence under Sections 253 or 255 of the Criminal Code (Canada) in relation to operating or having care and control of a motor vehicle and that a child was present in the motor vehicle at the time of the alleged offence, the peace officer shall prepare and submit to the Registrar a report of the matter.
(3) A report under subsection (2) must include the driver's name and, where available, the child's name and date of birth and must be in such form and include such other matters as may be prescribed by the Registrar.
(e) where the person is convicted, pleads guilty or is found guilty of the alleged offence and Registrar is satisfied that a child was present in a motor vehicle at the time of the offence, the person is subject to an increased period of revocation of the person's driver licence or privilege of obtaining a driver's licence and to mandatory participation in an ignition interlock program established under this Act.
(2) A notice under subsection (1) must be delivered by mail or delivery service to the person's address on file with the Registry of Motor Vehicles and, in the absence of the evidence to the contrary, is deemed to be received by the person five days after the date of mailing or delivery to the delivery service.
(7) Where the person fails to make a submission within thirty days of delivery of the notice, the participation of that person is deemed to be waived by that person and the Registrar may proceed to make any decision that the Registrar could make following a review.
(b) request or permit a request to receive a submission in person or by telephone or other electronic means if the Registrar determines that it would be more efficient than a review by written submission only or there may be issues of credibility;
279H (1) On completion of a review, where the Registrar is satisfied a child was present in a vehicle at the time of the alleged offence, the Registrar shall make a note of that finding on the record of the person with respect to whom the review was made.