BILL NO. 118

(as passed, with amendments)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Motor Vehicle Act
(amended)

CHAPTER 67 OF THE ACTS OF 2011



The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations



First Reading: November 29, 2011 (LINK TO BILL AS INTRODUCED)

Second Reading: December 1, 2011

Third Reading: December 9, 2011 (WITH COMMITTEE AMENDMENTS)

Royal Assent: December 15, 2011

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 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 7A the following Sections:

2 (1) Clause 70(6B)(d) of Chapter 293, as enacted by Chapter 20 of the Acts of 2007, is amended by adding ", 278C" immediately after "227" in the sixth line.

(2) Subsection 70(6C) of Chapter 293, as enacted by Chapter 20 of the Acts of 2007, is amended by adding ", 278C" immediately after "278" in the third line.

3 (1) Subsection 70A(4) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994 and amended by Chapter 11 of the Acts of 1999 and Chapter 42 of the Acts of 2004, is further amended by adding ", 278C" immediately after "227" in the fifth and sixth lines.

(2) Subsection 70A(4A) of Chapter 293, as enacted by Chapter 20 of the Acts of 2007, is amended by adding ", 278C" immediately after "227" in the fifth line.

4 Chapter 293 is further amended by adding immediately after Section 278B the following Sections:

5 Subsections 279(1) to (2A) of Chapter 293 are repealed.

6 Chapter 293 is further amended by adding immediately after Section 279B the following Section:

7 Subsection 280(2) of Chapter 293 is amended by adding "or such other person" immediately after "examiner" in the third line

8 Clause 291A(13)(b) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the third line and substituting "Motor Vehicle Appeal Board".

9 (1) Subsection 291B(1) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the last line and substituting "Motor Vehicle Appeal Board".

(2) Subsection 291B(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the third line and substituting "Motor Vehicle Appeal Board".

(3) Subsection 291B(4) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board".

(4) Subsection 291B(5) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board"; and

(b) striking out "Registrar's" in the second line and substituting "Board's".

(5) Subsection 291B(6) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board"; and

(b) striking out "Registrar" in the second line and substituting "Board".

(6) Subsection 291B(7) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board".

10 (1) Subsection 291C(1) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the last line and substituting "Motor Vehicle Appeal Board".

(2) Subsection 291C(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the third line and substituting "Motor Vehicle Appeal Board".

(3) Subsection 291C(4) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board".

(4) Subsection 291C(5) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board"; and

(b) striking out "Registrar's" in the second line and substituting "Board's".

(5) Subsection 291C(6) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board"; and

(b) striking out "Registrar" in the second line and substituting "Board".

(6) Subsection 291C(7) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "Registrar" in the first line and substituting "Motor Vehicle Appeal Board".

11 (1) Subsection 4A(2) of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, as enacted by Chapter 11 of the Acts of 1999 (Second Session) and amended by Chapter 4 of the Acts of 2004 and Chapter 35 of the Acts of 2008, is further amended by striking out clause (l) and substituting the following clause:

(2) The Schedule to Chapter 5, as enacted by Chapter 11 of the Acts of 1999 (Second Session), is amended by striking out "Medical Advisory Committee on Driver Licensing" in the twenty-ninth line.

12 (1) Notwithstanding any other enactment, subject to subsections (2) and (3), subsections 279(1) to (2A) of the Motor Vehicle Act continue to apply as if not repealed by this Act with respect to any order of suspension issued pursuant to subsection 279(1) of the Motor Vehicle Act and in effect immediately before the coming into force of Section 4.

(2) Where subsection (1) applies, the Medical Advisory Committee appointed pursuant to Section 7B of the Motor Vehicle Act is deemed to be the medical advisory committee.

(3) Where a person's driver's license or privilege of obtaining a driver's license is suspended pursuant to clause 279(1)(a), (b), (d), (e) or (f) of the Motor Vehicle Act, the suspension is in effect immediately before the coming into force of Section 4 and the person has not requested a hearing or opportunity to offer an explanation pursuant to subsection 279(2) of the Motor Vehicle Act before the coming into force of Section 4, the person may only request a hearing or opportunity to offer an explanation pursuant to subsection 279(2) of the Motor Vehicle Act if the request is made within ninety days of the date Section 4 comes into force.

(4) Notwithstanding any other enactment, Sections 7C and 279BA of the Motor Vehicle Act do not apply with respect to any decision made by Register pursuant to Section 279B of the Motor Vehicle Act, whether made before or after the coming into force of Section 5, with respect to any order of suspension issued pursuant to Section 279A of the Motor Vehicle Act and in effect immediately before the coming into force of Section 5.

(5) Notwithstanding any other enactment, Sections 291A, 291B and 291C of the Motor Vehicle Act continue to apply as if not amended by this Act with respect to any order to impound issued pursuant to Section 291A of the Motor Vehicle Act and in effect immediately before the coming into force of Sections 7, 8 and 9, or any appeal of such an order.

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


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