Acts and Regulations

2017-45 - Motor Vehicle Act

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NEW BRUNSWICK
REGULATION 2017-45
under the
Motor Vehicle Act
(O.C. 2017-265)
Filed October 27, 2017
1New Brunswick Regulation 2008-109 under the Motor Vehicle Act is amended by adding after section 2 the following:
Exemption
2.1(1)The following definition applies in this section.
“medical practitioner” means a person lawfully entitled to practise medicine in the place in which such practise is carried on by him or her and includes a medical officer of the Canadian forces.
2.1(2)Subject to subsection 310.18(2) of the Act, the Registrar may exempt a mandatory participant from the program in the following circumstances and under the following conditions:
(a) the participant has a chronic medical condition that diminishes his or her lung capacity so that he or she cannot provide a rolling breath sample;
(b) the participant does not own or have access to a motor vehicle; or
(c) an authorized service provider is unable to install an alcohol ignition interlock device in the motor vehicle of the participant due to a mechanical or wiring issue.
2.1(3)The evidence required to establish the medical condition referred to in paragraph (2)(a) is a signed statement from a medical practitioner in a form satisfactory to the Registrar setting out that
(a) the participant has a chronic medical condition that diminishes his or her lung capacity, and
(b) due to that medical condition, the participant cannot provide a rolling breath sample.
2The heading “Alcohol ignition interlock devices” preceding section 3 of the Regulation is repealed.
3Section 3 of the Regulation is repealed.
4The heading “Registrar to notify applicant” preceding section 5 of the English version of the Regulation is amended by striking out “applicant” and substituting “participant”.
5Section 5 of the Regulation is repealed and the following is substituted:
Registrar to notify participant
5The Registrar shall give written notice to a participant of his or her registration in the program.
6Schedule A of the Regulation is repealed.
7This Regulation comes into force on November 1, 2017.