BILL NO. 51

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Government Bill



Motor Vehicle Act
(amended)



The Honourable Geoff MacLellan
Minister of Transportation and Infrastructural Renewal



First Reading: October 23, 2014

(Explanatory Notes)

Second Reading: October 24, 2014

Third Reading: November 18, 2014 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 adds definitions of "approved instrument", "approved screening device", "novice driver" and "supervising driver" to the Motor Vehicle Act and corrects two clause-lettering errors.

Clause 2 removes the permanent revocation of driver's licences after a third conviction under the Act.

Clause 3 adds the qualifications for a supervising driver and makes it an offence for a person to hold himself or herself out to a peace officer as a supervising driver if not qualified to be one.

Clause 4

(a) repeals a subsection that sets out the qualifications for an experienced driver as that term is being replaced by "supervising driver";

(b) replaces "experienced driver" and "licensed driver" with "supervising driver";

(c) extends, effective April 1, 2016, the period during which a licensed learner must wait, in the circumstances set out in the provision, to apply for an examiner's certificate that the licensed learner is qualified for a driver's licence;

(d) adds, effective April 1, 2016, the requirement for a licensed learner whose licence is revoked or suspended to complete the total period required as a licensed learner from when the driver's licence is restored; and

(e) repeals offence provisions for actions that will instead be dealt with by driver's licence revocation and suspension provisions.

Clause 5 changes the conditions on a newly licensed driver driving a motor vehicle to

(a) refer to "supervising driver" rather than "experienced driver"; and

(b) prohibit, from midnight to 5 a.m., the carrying of passengers in the vehicle other than the supervising driver.

Clause 6 replaces a reference to an experienced driver with a reference to a person who is not a novice driver, which means the same but uses the new term "novice driver".

Clause 7 provides for novice driver status and how it can be removed from a person's driver's licence.

Clause 8 repeals offence provisions for actions that will instead be dealt with by driver's licence revocation and suspension provisions, and makes related amendments.

Clauses 9 to 11

(a) amend the provisions dealing with the consumption of alcohol by drivers and related driver's licence revocations and suspensions so that the provisions apply to all novice drivers; and

(b) repeal an offence provision for actions that will instead be dealt with by the driver's licence revocation and suspension provisions.

Clauses 12 to 14 amend the Point System Table and penalty provisions in the Motor Vehicle Act to take into account the amendments made by an Act passed in 2010 and this Act.

Clause 15 corrects two clause-lettering errors.

Clause 16 repeals an unproclaimed Act that amended the Motor Vehicle Act with respect to licensed learners as the amendments in this Act will replace the amendments in that Act.

Clause 17 sets out the effective dates of this Act.

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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 Section 2 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 24 of the Acts of 1994, Chapter 12 of the Acts of 1994-95, Chapter 23 of the Acts of 1995-96, Chapter 12 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 35 of the Acts of 2006, Chapters 20 and 45 of the Acts of 2007, Chapter 21 of the Acts of 2008, Chapters 59 and 60 of the Acts of 2010, Chapter 35 of the Acts of 2011 and Chapter 20 of the Acts of 2014, is further amended by

(a) adding immediately after clause (aaa) the following clauses:

(b) adding immediately after clause (ae) the following clause:

(c) adding immediately after clause (bp) the following clause:

(d) relettering clause (ca) immediately after clause (c) as clause (cb); and

(e) relettering clause (cb) immediately before clause (d) as clause (cd).

2 Subsection 67(21A) of Chapter 293 is repealed.

3 Chapter 293 is further amended by adding immediately after Section 69 the following Section:

4 (1) Subsection 70(1) of Chapter 293 is repealed.

(2) Subsection 70(2) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994 and amended by Chapter 20 of the Acts of 2007, is further amended by

(a) striking out "experienced" in the first line of clause (a) and substituting "supervising"; and

(b) striking out clause (b).

(3) Subsection 70(4) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994 and amended by Chapter 20 of the Acts of 2007, is further amended by striking out "licensed" in the fourth line and substituting "supervising".

(4) Subsection 70(6) of Chapter 293 is repealed and the following subsection substituted:

(5) Section 70 of Chapter 293 is further amended by adding immediately after Section 6 the following subsection:

(6) Subsection 70(10) of Chapter 293 is repealed.

5 Clause 70A(5)(c) of Chapter 293 is repealed and the following clause substituted:

6 Clause 70B(3)(c) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by striking out "an experienced driver as defined in subsection 1 of Section 70" in the second and third lines and substituting "not a novice driver".

7 Chapter 293 is further amended by adding immediately after Section 70B the following Section:

8 (1) Subsection 100A(1) of Chapter 293 is repealed and the following subsection substituted:

(2) Subsection 100A(2) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by striking out "on reasonable and probable grounds that a person is committing, or any time within the preceding two hours has committed, as a result of the consumption of alcohol, an offence under subsection (1)" in the first, second, third, fourth and fifth lines and substituting "that subsection (1) applies with respect to a person".

(3) Subsection 100A(4) of Chapter 293 is repealed.

(4) Subsection 100A(5), as enacted by Chapter 11 of the Acts of 1999, is amended by

(a) striking out "licensed learner or newly licensed" in the third and fourth lines and substituting "novice";

(b) striking out "as defined in section 254 of the Criminal Code (Canada)" in the sixth and seventh and in the fifteenth and sixteenth lines; and

(c) striking out "determining compliance with subsection (1)" in the tenth line and substituting "subsection (2)".

9 (1) Subsection 100B(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or a newly licensed" in the third line and substituting "novice".

(2) Subsection 100B(3) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or a newly licensed" in the first and second and in the fourth and fifth lines and substituting in each case "novice".

(3) Subsection 100B(4) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or a newly licensed" in the first and second lines and substituting "novice".

(4) Subsection 100B(5) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998 and amended by Chapter 42 of the Acts of 2004, is further amended by

(a) striking out "licensed learner or a newly licensed" in the first line and substituting "novice";

(b) striking out "licensed learner or newly licensed" in the fifth line and substituting "novice"; and

(c) striking out "licensed learner's or newly licensed" in the seventh and eighth lines and substituting "novice".

(5) Subsection 100B(6) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or newly licensed" in the second and in the fifth and sixth lines and substituting in each case "novice".

(6) Subsection 100B(7) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or newly licensed" in the second and in the second last lines and substituting in each case "novice".

(7) Subsection 100B(9) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998 and amended by Chapter 42 of the Acts of 2004, is further amended by striking out "licensed learner or newly licensed" wherever it appears in that subsection and substituting in each case "novice".

(8) Subsection 100B(10) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998 and amended by Chapter 42 of the Acts of 2004, is further amended by striking out "licensed learner or a newly licensed" wherever it appears in that subsection and substituting in each case "novice".

(9) Subsection 100B(12) of Chapter 293 is repealed.

(10) Subsection 100B(13) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998 and amended by Chapter 11 of the Acts of 1999, is further amended by

(a) striking out "licensed learner or a newly licensed" in the second line and substituting "novice";

(b) striking out "licensed learner or newly licensed" in the ninth line and substituting "novice"; and

(c) striking out "and has committed an offence under subsection (1) of Section 100A" in the last three lines.

(11) Subsection 100B(14) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or newly licensed" in the third and fourth lines and substituting "novice".

10 Clause 100C(a) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "licensed learner or newly licensed" in the first and second lines and substituting "novice".

11 (1) Subsection 279C(1) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "as defined in section 254 of the Criminal Code" in the fourth and fifth lines.

(2) Subsection 279C(2) is repealed and the following subsection substituted:

12 The POINT SYSTEM TABLE in subsection 282(2) of Chapter 293, as amended by Chapter 24 of the Acts of 1994, Chapters 12 and 44 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapters 20 and 45 of the Acts of 2007, Chapter 21 of the Acts of 2008, Chapter 61 of the Acts of 2010 and Chapter 46 of the Acts of 2011, is further amended by

(a) striking out item 5.;

(b) striking out items 5A. and 5B.; and

(c) adding "69A," immediately before "70" in the second column of item 13.

13 Section 294 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 8 of the Acts of 2005, Chapter 20 of the Acts of 2007, Chapter 61 of the Acts of 2010 and Chapter 20 of the Acts of 2014, is further amended by adding ", 69A," immediately after "65" in the second line.

14 Section 297 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 42 of the Acts of 2004, Chapter 8 of the Acts of 2005, Chapter 45 of the Acts of 2007 and Chapter 60 of the Acts of 2010, is further amended by striking out ", 100A, 100B" in the second line.

15 Section 1 of Chapter 60 of the Acts of 2010, An Act to Amend Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by

(a) striking out "(cb)" in the second line of clause (a) and substituting "(cc)"; and

(b) striking out "(awa)" in the second line of clause (e) and substituting "(awc)".

16 Chapter 20 of the Acts of 2007, An Act to Amend Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed.

17 (1) This Act, except subsections 4(4) and (5), clause 12(a) and Section 15, has effect on and after April 1, 2015.

(2) Subsections 4(4) and (5) have effect on and after April 1, 2016.

(3) Clause 12(a) comes into force on such day as the Governor in Council orders and declares by proclamation.

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