BILL NO. 98

(as amended)

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

Government Bill

Motor Vehicle Act
(amended)

CHAPTER 11 OF THE ACTS OF 1999

The Honourable Robert S. Harrison
Minister of Business and Consumer Services

First Reading: May 18, 1999

Second Reading: May 21, 1999

Third Reading: June 4, 1999 (WITH COMMITTEE AMENDMENTS)

Royal Assent: June 17, 1999

Be it enacted by the Governor and Assembly as follows:

1 Section 59 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed and the following Section substituted:

59 Any official of the Department, any peace officer or any person authorized by the Registrar may enter into any place where motor vehicles that are expected to be driven on a public highway are stored for the purpose of inspecting the mechanical fitness of the motor vehicle.

2 (1) Clause 67(5)(ba) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "subsection 255(1) or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985," in the sixth, seventh, eighth, and ninth lines and substituting "section 255 or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985, where the disqualification under subsection 259(4) was occasioned by an alcohol-related offence".

(2) Clause 67(5)(c) of Chapter 293, as amended by Chapter 32 of the Acts of 1998, is further amended by striking out "239(2)" in the fourth line and substituting "255(2)".

(3) Subsection 67(12) of Chapter 293 is amended by striking out "254, 255 or 259" in the second line and substituting "254 or 255".

(4) Section 67 of Chapter 293, as amended by Chapter 32 of the Acts of 1998, is further amended by adding immediately after subsection (22) the following subsection:

(22A) Notwithstanding subsection (19) of this Act and Section 11 of the Summary Proceedings Act, where a driver's license is revoked indefinitely, no application may be made pursuant to this Section for the restoration of the driver's license until ten years has elapsed from the date of the revocation or subsequent conviction for an offence involving the operation of the motor vehicle.

3 Subsection 70A(4) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by striking out "205, 227, 279, 282 or 283" in the fifth and sixth lines and substituting "100A, 100B, 205, 227, 279, 279A, 279C, 282 or 283".

4 Chapter 293 is further amended by adding immediately after Section 99 the following Section:

99A (1) In this Section,

(a) "non-repairable vehicle" means a vehicle that is incapable of operation or use on the highway and that has no resale value except as a source of parts or scrap;

(b) "rebuilt vehicle" means any salvage vehicle that has been rebuilt and that has been inspected for the purpose of registration;

(c) "salvage vehicle" means any vehicle that is damaged by collision, fire, flood, accident, trespass or other occurrence to the extent that the cost of repairing the vehicle for legal operation on the highway exceeds its fair market value immediately before the damage.

(2) Where

(a) an insurer has paid a claim in respect of damage to a vehicle; and

(b) the insurance adjuster who examined the vehicle has certified that it is a salvage vehicle or a non-repairable vehicle,

the insurer shall, within five days of the date of payment of the claim, report the particulars thereof to the Registrar in such form and manner as the Registrar may determine.

(3) Where an insurer takes physical possession of a vehicle for the purpose of disposal, the insurer shall enter on the certificate of registration for the vehicle the designation "salvage" or "non-repairable", as the case may be.

(4) Where the owner of a self-insured fleet of vehicles declares a vehicle to be a salvage vehicle or a non-repairable vehicle, the owner shall report the particulars thereof to the Registrar within five days in such form as the Registrar may determine.

(5) Where a vehicle suffers such serious damage as to render the vehicle a salvage vehicle or a non-repairable vehicle, the owner shall report the particulars thereof to the Registrar within five days of the damage being suffered.

(6) Where a salvage vehicle has been rebuilt and has passed the inspection required by this Act for registration as a rebuilt vehicle, the Registrar shall, on payment of the prescribed fee, enter the designation "rebuilt" on the certificate of registration for that vehicle.

(7) A person who fails to report or furnish any information required by this Section is guilty of an offence.

5 Section 100A of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by adding immediately after subsection (4) the following subsection:

(5) Where, upon demand by a peace officer made pursuant to subsection (2) of section 254 of the Criminal Code (Canada), a driver who is a licensed learner or newly licensed driver provides a sample of the person's breath that, on an analysis by an approved screening device as defined in section 254 of the Criminal Code (Canada), registers "Pass" but the peace officer reasonably suspects that the driver has alcohol in his or her body, the peace officer may, for the purpose of determining compliance with subsection (1), demand that the driver provide, within a reasonable time, such further sample of breath as, in the opinion of the peace officer or qualified technician, is necessary to enable the proper analysis of the breath to be made by means of an approved instrument as defined in section 254 of the Criminal Code (Canada) and, if necessary, to accompany the peace officer for the purpose of enabling such a sample of breath to be taken.

6 (1) Clause 100B(1)(a) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "for the purpose of this Section" in the third line.

(2) Subsection 100B(13) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "has breached a condition of a license referred to in Section 70 or 70A, as the case may be" in the last three lines and substituting "has breached a condition of a license referred to in Section 70A and has committed an offence under subsection (1) of Section 100A".

7 Subsection 230(2) of Chapter 293 is repealed and the following subsection substituted:

(2) In a prosecution for a violation of subsection (1), where the court is satisfied that the defendant failed to produce forthwith upon the request of a peace officer a motor vehicle liability insurance card issued pursuant to Section 204 for a policy as required by subsection (1) that was valid and subsisting at the time of driving, such failure is proof, in the absence of evidence to the contrary, that there was not in force at the time of driving a motor vehicle liability policy as required by subsection (1).

8 Subsections 279(8) and (9) of Chapter 293 are repealed and the following subsections substituted:

(8) Every registered psychologist may report to the Registrar the name of any person who, in the opinion of the registered psychologist, is afflicted with an emotional or mental disability that may interfere with the safe operation of a motor vehicle by that person.

(9) No action shall be brought against a qualified medical practitioner or a registered psychologist for making a report in accordance with subsection (7) or (8), respectively.

(9A) In this Section,

(a) "qualified medical practitioner" means a medical practitioner as defined in the Medical Act;

(b) "registered psychologist" means a person whose name is on the Register of Psychologists and whose registration is not suspended or cancelled.

9 (1) Subclause 279A(1)(c)(i) of Chapter 293, as enacted by Chapter 12 of the Acts of 1994-95, is amended by striking out "date of issue" in the fifth line and substituting "effective date".

(2) Clause 279A(2)(d) of Chapter 293 is repealed.

(3) Subsection 279A(3) of Chapter 293, as enacted by Chapter 12 of the Acts of 1994-95, is amended by

(a) striking out the comma in the second line and substituting "and"; and

(b) striking out "and report of the peace officer referred to in this Section" in the second and third lines.

10 Clause 279B(6)(b) of Chapter 293 is repealed.

11 Subsection 279C(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "254(2)" in the second line and substituting "254(3)".

12 Subsection 287(1) of Chapter 293 is amended by striking out "293" in the last line and substituting "295".

13 (1) Section 291A of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by adding immediately after subsection (26) the following subsection:

(26A) The Registrar may prescribe

(a) the manner in which orders may be issued and notifications of orders given pursuant to this Section; and

(b) methods for and rules of service for any notice or orders required to be served pursuant to this Section.

(2) Clauses 291A(27)(c) and (d) of Chapter 293 are repealed.

14 (1) Subsection 291B(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "suspension" in the last line of clause (b) and substituting "revocation"; and

(b) striking out "suspension" in the last line of clause (c) and substituting "revocation".

(2) Subsection 291B(3) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "(3)" in the first line and substituting "(2)".

15 (1) Subsection 291C(2) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "suspension" in the last line of clause (b) and substituting "revocation"; and

(b) striking out "suspension" in the last line of clause (c) and substituting "revocation".

(2) Subsection 291C(3) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "(3)" in the first line and substituting "(2)".

16 Clause 291D(1)(a) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is repealed and the following clauses substituted:

(a) prescribing fees for the purpose of subsection (1) of Section 291B and subsection (1) of Section 291C;

(aa) prescribing grounds of appeal under clause (e) of subsection (2) of Section 291B and clause (e) of subsection (2) of Section 291C;

17 Section 295 of Chapter 293, as amended by Chapter 36 of the Acts of 1990, Chapter 12 of the Acts of 1994-95, Chapter 23 of the Acts of 1995-96 and Chapter 34 of the Acts of 1996, is further amended by adding ", 99A" immediately after "98" in the second line.

18 Section 4 comes into force on such day as the Governor in Council orders and declares by proclamation.