Acts and Regulations

2013-63 - Provincial Offences Procedure Act

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NEW BRUNSWICK
REGULATION 2013-63
under the
Provincial Offences Procedure Act
(O.C. 2013-293)
Filed September 24, 2013
1Section 3 of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended
(a) in subsection (1)
(i) by adding after paragraph (a.092) the following:
(a.093) an offence under subsection 12.2(1) or 39(1) of the Gasoline and Motive Fuel Tax Act;
(ii) by adding after paragraph (e.7) the following:
(e.71) an offence under subsection 2.2(1) or (1.6) of the Tobacco Tax Act;
(b) in subsection (2) by adding after paragraph (a.7) the following:
(a.71) in respect of prescribed offences specified in paragraph (1)(a.093) or (e.71), commercial vehicle inspectors designated under section 14 of the Highway Act;
2Subsection 6(2) of the Regulation is amended by striking out “section 43 of the Act” and substituting “section 43 of the Act, excluding subsections (1.1) to (1.4),”.
3Section 8 of the Regulation is repealed and the following is substituted:
8(1)In this section, “minimum wage” means the minimum hourly wage prescribed in subsection 5(1) of the Minimum Wage Regulation - Employment Standards Act.
8(2)A fine-option program under which the outstanding balance of a fine may be discharged by a defendant under section 85 of the Act shall consist of arrangements for the defendant to perform work for a non-profit agency.
8(3)If a defendant performs work under the fine-option program, an amount equal to the minimum wage in effect on the date of the performance shall be credited, for each hour of work performed, toward the outstanding balance of the fine.
8(4)If a defendant performs work for a portion of an hour, the amount credited toward the outstanding balance of the fine for that portion of an hour of work performed shall be prorated accordingly.
8(5)The fine-option program shall be available to a defendant only if
(a) a designated person, as defined in subsection 85(0.1) of the Act, is satisfied that no action to enforce payment of the outstanding balance of the fine will occur while the defendant is in the fine-option program, and
(b) the fine imposed on the defendant, excluding any portion of the fine representing a surcharge imposed under the Victim Services Act, is less than $5,000.
4This Regulation comes into force on October 1, 2013.