Acts and Regulations

91-50 - Provincial Offences Procedure Act

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NEW BRUNSWICK
REGULATION 91-50
under the
Provincial Offences Procedure Act
(O.C. 91-219)
Filed March 26, 1991
Under section 146 of the Provincial Offences Procedure Act, the Lieutenant-Governor in Council, on the recommendation of the Attorney General, makes the following Regulation:
2006, c.16, s.146
1This Regulation may be cited as the General Regulation - Provincial Offences Procedure Act.
2In this Regulation
“Act” means the Provincial Offences Procedure Act.
3(1)The following offences are specified to be prescribed offences under section 9 of the Act:
(a) all offences under the Off-Road Vehicle Act other than offences created by by-laws enacted by a municipality under section 37 of that Act;
(i) offences under paragraph 3(1)(d) and subsections 7.1(1) and (3), 7.3(3) and (4), 7.7(1), 7.9(3) and (4), 19.2(1) and (2) and 19.3(1) and (2) of that Act, and
(ii) offences created by by-laws enacted by a municipality under section 37 of that Act;
(a.01) an offence under subsection 4(1), 13(1) or 14(5) of the Beverage Containers Act;
(a.011) an offence under subsection 4(10) or paragraph 7(1)(a) or (c) of New Brunswick Regulation 99-66 under the Beverage Containers Act;
(a.02) an offence under subsection 19(1) of New Brunswick Regulation 97-133 under the Clean Air Act;
(a.021) an offence under subsection 15(1) or (6) of New Brunswick Regulation 82-126 under the Clean Environment Act;
(a.03) an offence under subsection 6(3), section 15 or 16, subsection 68(3) or section 190 of New Brunswick Regulation 87-97 under the Clean Environment Act;
(a.031) an offence under paragraph 15(1)(b) or 16(a) of the Clean Water Act;
(a.04) an offence under subsection 6(1) or section 12 or 13 of New Brunswick Regulation 90-79 under the Clean Water Act;
(a.041) an offence under subsection 3(3) of New Brunswick Regulation 93-203 under the Clean Water Act;
(a.05) an offence under paragraph 5(1)(c) of Schedule B of New Brunswick Regulation 2001-83 under the Clean Water Act;
(a.051) an offence under paragraph 71(a) or (b) of the Crown Lands and Forests Act;
(a.06) an offence under paragraph 34(2)(a) or 39(b), subsection 39.1(1), paragraph 40(a), section 41, paragraph 42(1)(a), (b) or (c), paragraph 43(1)(b) or (d), subsection 45(1), paragraph 56(1)(a) or (b), subsection 56(2) or (4), subsection 57(1), 90(2) or 94(3) or section 116 of the Fish and Wildlife Act;
(a.061) an offence under paragraph 3(a) or (b) of New Brunswick Regulation 81-58 under the Fish and Wildlife Act;
(a.07) an offence under subsection 8(1), section 9 or 15, subsection 20(8), (9) or (17), subsection 21(1), section 21.1, subsection 23(1) or 24(3) or paragraph 32(c) of New Brunswick Regulation 82-103 under the Fish and Wildlife Act;
(a.071) an offence under subsection 4(4.2), paragraph 4(8)(a) or (b), subsection 4.02(5), (6), (7), (8), (9) or (11) or subsection 4.1(4) of New Brunswick Regulation 84-124 under the Fish and Wildlife Act;
(a.08) an offence under subsection 3(1.1), paragraph 3.1(1)(a), subsection 3.1(8), 6(2.2) or 7(1), subsection 9(1), (2) or (3), subsection 14(2), paragraph 15(2)(a.1) or (b), subsection 17(2), paragraph 21.3(1)(b) or 21.3(3)(b) of New Brunswick Regulation 84-133 under the Fish and Wildlife Act;
(a.081) an offence under subsection 5(1) of New Brunswick Regulation 94-43 under the Fish and Wildlife Act;
(a.09) an offence under section 16, subsection 17(2) or (3), paragraph 18(1)(b) or 18(3)(b) or subsection 20(2) of New Brunswick Regulation 94-47 under the Fish and Wildlife Act;
(a.091) an offence under subsection 18(3) or (7) of the Forest Fires Act;
(a.092) an offence under section 3.8 or 3.9 of New Brunswick Regulation 84-204 under the Forest Fires Act;
(a.1) Repealed: 2008-3
(b) an offence under section 34 or 36 of the Highway Act;
(c) all offences under the Liquor Control Act;
(d) all offences under the Motor Carrier Act;
(e) all offences under the Motor Vehicle Act other than
(i) offences under sections 105.1, 345 and 346 of that Act, and
(ii) offences that are created by by-laws made by a local authority under that Act and that are not approved by the Lieutenant-Governor in Council;
(e.1) an offence under subsection 11(1), section 14 or 15 or subsection 16(1) or (2) of New Brunswick Regulation 85-104 under the Parks Act;
(e.2) an offence under section 14, paragraph 16(2)(a) or (b), subsection 18(1) or section 24 or 24.1 of the Pesticides Control Act;
(e.3) an offence under section 3, paragraph 11(1)(a), (b), (c), (e) or (h) or section 12 or 28 of New Brunswick Regulation 96-126 under the Pesticides Control Act;
(e.4) an offence under paragraph 11(a) or subparagraph 12(a)(x) or (xii), clause 12(a)(xiii)(B), section 16 or subsection 18(2) of the Protected Natural Areas Act;
(e.5) an offence under section 7 of New Brunswick Regulation 2004-57 under the Protected Natural Areas Act;
(e.6) an offence under section 36 of the Quarriable Substances Act;
(f) all offences under the Transportation of Dangerous Goods Act; and
(f.1) an offence under subsection 3(1) of the Transportation of Primary Forest Products Act.
3(2)The following persons are authorized to serve an appearance notice under subsection 5(2) of the Act and a ticket under section 9 of the Act:
(a) in respect of prescribed offences specified in paragraph (1)(b), (d), (e) or (f), peace officers as defined in the Motor Vehicle Act;
(a.1) in respect of prescribed offences specified in paragraph (1)(a), peace officers as defined in the Off-Road Vehicle Act;
(a.2) in respect of prescribed offences specified in paragraph (1)(a.01) or (a.011), inspectors designated under subsection 20(1) of the Beverage Containers Act;
(a.3) in respect of a prescribed offence specified in paragraph (1)(a.02), inspectors designated under subsection 23(1) of the Clean Air Act;
(a.4) in respect of prescribed offences specified in paragraph (1)(a.021) or (a.03), inspectors designated under section 23 of the Clean Environment Act;
(a.5) in respect of prescribed offences specified in paragraph (1)(a.031),(a.04), (a.041) or (a.05), inspectors designated under subsection 17(1) of the Clean Water Act;
(a.6) in respect of prescribed offences specified in paragraph (1)(a.051), (a.091), (a.092), (e.4), (e.5) or (e.6), forest service officers appointed under subsection 5(1) of the Crown Lands and Forests Act;
(a.7) in respect of prescribed offences specified in paragraph (1)(a.06), (a.061), (a.07), (a.071), (a.08), (a.081) or (a.09), conservation officers appointed under subsection 7(1) of the Fish and Wildlife Act or ex officio conservation officers referred to in subsection 7(3) of that Act;
(b) in respect of offences under subsections 182(1) and (2), 183(3), 184(1) and (2) and 185(1), (3) and (4) of the Motor Vehicle Act, constables of the Canadian National Railway Company appointed under section 425 of the Railway Act (Canada);
(c) Repealed: 2008-3
(d) in respect of prescribed offences specified in paragraph (1)(c), peace officers as defined in the Liquor Control Act, commercial vehicle inspectors as defined in the Highway Act and police constables appointed under section 22 of the Canada Ports Corporation Act (Canada);
(e) in respect of prescribed offences specified in paragraph (1)(e.1), park wardens appointed under subsection 10(1) of the Parks Act or ex officio park wardens referred to in subsection 10(2) of that Act;
(f) in respect of prescribed offences specified in paragraph (1)(e.2) or (e.3), inspectors appointed under subsection 27(1) of the Pesticides Control Act; and
(g) in respect of a prescribed offence specified in paragraph (1)(f.1), peace officers as defined in the Transportation of Primary Forest Products Act.
93-130; 2000, c.50, s.11; 2003, c.7, s.40; 2008-3
4The prescribed wording to be used in a ticket and notice of prosecution to describe the offence with which a defendant is charged shall be, for the violation of a provision listed in Schedule A, the corresponding prescribed wording set out in Schedule A.
5(1)The statement that may be read to a defendant under subsection 18(1) of the Act is as follows:
You have the right to be tried in English or in French. Which do you choose?
5(2)The statement that may be read to a defendant under subsection 18(3) of the Act is as follows:
You will be tried in English (or French) unless you object. If you object, you will be tried in French (or English). Do you object to being tried in English (or French)?
Votre procès se déroulera en anglais (ou en français) à moins que vous ne vous y objectiez. Si vous vous y objectez, le procès se déroulera en français (ou en anglais). Vous objectez-vous à ce que le procès se déroule en anglais (ou en français)?
6(1)The practice and procedure in connection with the taking of evidence by commissioners under section 38 of the Act shall conform to subsection 38(4) of the Act, except as provided for in subsections (2) to (6).
6(2)A judge may issue a Summons to Witness under subsection 43(1) of the Act to require a person to give evidence before a commissioner under section 38 of the Act, and section 43 of the Act applies with the necessary modifications to the attendance of witnesses at the taking of evidence before a commissioner.
6(3)Evidence taken by means of oral questions and answers before a commissioner under section 38 of the Act shall be transcribed.
6(4)If a witness or counsel objects to a question asked or an answer given during the taking of evidence by a commissioner under section 38 of the Act
(a) the commissioner shall not rule as to whether or not the question is proper or the answer is admissible, as the case may be,
(b) the objection shall be recorded in the transcript of the proceedings,
(c) the proceedings shall continue, and
(d) the issue shall be determined later by the trial judge.
6(5)Notwithstanding subsection (4), a commissioner taking evidence under section 38 of the Act may refuse to allow counsel to put a question to a witness if satisfied that the question is plainly improper and is an abuse of the proceedings.
6(6)Any issue arising in relation to the taking of evidence by a Commissioner under section 38 of the Act shall be dealt with by an order of the trial judge.
6.1For the purposes of paragraph 14(5)(d) and subsection 46(1.1) of the Act, the administrative fee is $4.50.
2007-66
7An authorized person for the purposes of subsection 47(1) or section 114 of the Act is a stenographer appointed by the Minister of Justice and Consumer Affairs under the Recording of Evidence by Sound Recording Machine Act.
2006, c.16, s.146
8A fine-option program under which a fine may be discharged by a defendant under section 85 of the Act shall
(a) consist of arrangements for the defendant to perform work for a non-profit agency,
(b) enable the defendant to work off the fine in units of between two and four hours, inclusive, at a rate of twenty dollars per unit, and
(c) be available only if the probation officer is satisfied that no form of fine enforcement will occur or be imposed notwithstanding that the defendant is admitted to the program and successfully discharges the fine.
9A sheriff shall execute an order for seizure and sale and shall deal with the proceeds of the execution in the manner provided for in subsection 88(2) of the Act, except that
(a) fines of less than two hundred and fifty dollars imposed on defendants who are not corporations shall not be subject to execution under an order for seizure and sale,
(b) the net proceeds of the execution, or such portion of the net proceeds as is sufficient to discharge the fine to which the execution relates, shall be delivered to the office of the Provincial Court,
(c) the Creditors Relief Act does not apply to the execution,
(d) the sheriff shall not refuse to advertise the sale of lands under execution or to register notice of seizure by reason only that the costs of printing, advertising or registering have not been paid, and
(e) the sheriff may apply to The Court of Queen’s Bench of New Brunswick for a determination as to whether or not property is exempt from levy or sale under section 33 of the Memorials and Executions Act and subsection 33.1(1) of that Act applies with the necessary modifications to such application.
10(1)The licences that are subject to suspension under section 90 of the Act for default of payment of a fine are all licences held, enjoyed, issued or granted under any Act, except an Act referred to in subsection (2), and the offences in respect of which such a suspension of a licence may be ordered are all offences under the Act under which that licence is held, enjoyed, issued or granted.
10(2)Subsection (1) does not apply to licences held, enjoyed, issued or granted under
(a) the Off-Road Vehicle Act,
(b) the Ambulance Services Act,
(c) the Family Services Act,
(d) the Motor Vehicle Act,
(e) the Parks Act, or
(f) the Vital Statistics Act.
2003, c.7, s.40
11The oath or solemn affirmation taken or made under subsection 103(2) of the Act by a person authorized to act as an interpreter shall be as follows:
I,              , do swear (or solemnly affirm) that I will impartially, and to the best of my skill, knowledge and belief, translate into the English (or French) language the evidence of                , including any document that may be produced during the course of giving that evidence. (In the case where an oath is taken, add “so help me God”.)
12The prescribed offences for the purposes of applying for a search warrant by telephone or other means of telecommunication under paragraph 138(2)(b) of the Act are all offences under
(a) the Crown Lands and Forests Act,
(b) the Fish and Wildlife Act,
(c) the Liquor Control Act, and
(d) the Tobacco Tax Act.
2004-74
SCHEDULE A
PRESCRIBED WORDING THAT MAY BE USED IN A TICKET AND NOTICE OF PROSECUTION TO DESCRIBE THE OFFENCE WITH WHICH A DEFENDANT IS CHARGED
Beverage Containers Act
Provision Violated
(by section,
subsection,
paragraph
or clause
number)
Prescribed Wording
4(1)
selling a beverage in an unapproved beverage container
13(1)
operating a redemption centre without a licence
14(5)
failing to display operating hours notice
New Brunswick Regulation 99-66 under the
Beverage Containers Act
Provision
Violated
Prescribed Wording
4(10)
failing to display a redemption centre licence
7(1)(a)
redemption centre not kept clean
7(1)(c)
containers not properly stored
New Brunswick Regulation 97-133 under the
Clean Air Act
Provision
Violated
Prescribed Wording
19(1)
open burning without written permission of Minister
 
 
New Brunswick Regulation 82-126 under the
Clean Environment Act
Provision
Violated
Prescribed Wording
15(1)
structure on ice without owner’s name and address
15(6)
structure left on melting ice
New Brunswick Regulation 87-97 under the
Clean Environment Act
Provision
Violated
Prescribed Wording
6(3)
operating storage tank system without a licence
15
failing to display a system licence
16
failing to display operator’s name, business name and nature of business
68(3)
applying waste petroleum product to ground surface
190
using a device to hold open a dispensing nozzle
Clean Water Act
Provision
Violated
Prescribed Wording
15(1)(b)
watercourse (or wetland) alteration without a permit  
16(a)
engaging in well-drilling business without appropriate documentation
 
 
New Brunswick Regulation 90-79 under the
Clean Water Act
Provision
Violated
Prescribed Wording
6(1)
failing to obtain a well driller’s permit
12
well-drilling machine not properly marked
13
failing to carry and show well driller’s permit
New Brunswick Regulation 93-203 under the
Clean Water Act
Provision
Violated
Prescribed Wording
3(3)
failing to properly attach a well identifier tag
New Brunswick Regulation 2001-83 under the
Clean Water Act
Provision
Violated
Prescribed Wording
5(1)(c) of Schedule B
unauthorized swimming (or operating unauthorized motorized watercraft) in Protected Area A
Crown Lands and Forests Act
Provision
Violated
Prescribed Wording
71(a)
making improvements on Crown Lands without consent  
71(b)
disposal of debris (or refuse or garbage or manufacturing residue or construction residue or auto bodies or auto parts or vehicles or machinery) on Crown Lands  
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
34(2)(a)
hunting wildlife (or angling) without a licence  
39(b)
hunting (or trapping or snaring) wildlife in a prohibited area  
39.1(1)
hunting wildlife on a weekly day of rest  
40(a)
possessing a loaded firearm (or discharging a firearm) in a wildlife refuge (or dump or park)    
41
having a firearm during the open season without a proper licence  
42(1)(a)
having a firearm during the closed season without a permit
42(1)(b)
having a firearm during the night
42(1)(c)
having a firearm on a weekly day of rest
43(1)(b)
carrying (or using) a rim-fire firearm for the purpose of hunting moose (or deer or bear)  
43(1)(d)
loaded firearm in (or on) a vehicle
45(1)
hunting (or trapping or snaring) wildlife in a wildlife refuge    
56(1)(a)
failing to properly affix a tag to a moose (or deer or bear)  
56(1)(b)
untagged (or improperly tagged) moose (or deer or bear)
56(2)
failing to properly affix a tag to an Atlantic salmon
56(4)
failing to properly affix a tag to an Atlantic salmon killed by a guide I
57(1)
possession of an Atlantic salmon not properly tagged  
90(2)
taking wildlife during the closed season
94(3)
failing to produce (or carry) a licence or permit  
116
taking (or attempting to take) an Atlantic salmon other than by fly fishing  
New Brunswick Regulation 81-58 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
3(a)
failing to wear a hunter orange hat
3(b)
failing to wear a hunter orange vest
New Brunswick Regulation 82-103 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
8(1)
angling on special Crown reserve waters without authorization
9
angling on regular Crown reserve waters without authorization
15
angling on daily Crown reserve waters without authorization
20(8)
failing to properly affix a tag to a grilse
20(9)
holder of a licence failing to properly affix a tag to a grilse
20(17)
unlawful possession of a salmon tag
21(1)
angling other than by fly fishing on Crown reserve waters
21.1
possession of terminal tackle (or bait) on California Lake
23(1)
killing (or retaining) more than one trout per day in Peaked Mountain Lakes
24(3)
killing more than 2 grilse
32(c)
killing a fish under a live release licence  
New Brunswick Regulation 84-124 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
4(4.2)
unlawful possession of a trap (or snare)
4(8)(a)
hunting (or killing) more than the daily limit for rabbits  
4(8)(b)
possession of more than 20 rabbits
4.02(5)
possession of a bobcat tag that has been used (or altered or tampered with)  
4.02(6)
possession of more bobcat tags than permitted  
4.02(7)
possession of a bobcat tag not issued to you  
4.02(8)
using a bobcat tag not issued to you  
4.02(9)
giving another person (or permitting another person to use) your bobcat tag  
4.02(11)
unlawful possession of a bobcat pelt
4.1(4)
failing to properly affix permit number to traps and snares  
New Brunswick Regulation 84-133 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
3(1.1)
hunting (or registering) a deer less than 48 hours after issuance of licence
3.1(1)(a)
hunting antlerless deer without authorization
3.1(8)
unlawful possession of an antlerless deer validation sticker  
6(2.2)
non-resident bear hunter unlawfully having a firearm in a WMZ  
7(1)
shooting (or killing or taking or possessing) more grouse than permitted
9(1)
having a shotgun and illegal ammunition
9(2)
having a rifle without authorization
9(3)
having a shotgun and illegal ammunition during the open season
14(2)
failing to properly affix a tag to a deer
15(2)(a.1)
unlawful use of a deer tag
15(2)(b)
registration of a deer killed by another person
17(2)
transporting a deer without the person who killed it
21.3(1)(b)
failing to accompany a bear carcass for registration
21.3(3)(b)
transporting a bear without the person who killed it
New Brunswick Regulation 94-43 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
5(1)
unlawful possession of a firearm in a wildlife refuge
New Brunswick Regulation 94-47 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
16
possession of more than one firearm during moose season
17(2)
resident failing to properly affix a tag to a moose
17(3)
non-resident failing to properly affix a tag to a moose
18(1)(b)
resident failing to accompany a moose carcass
18(3)(b)
non-resident failing to accompany a moose carcass
20(2)
moose hunter unlawfully having a firearm in a WMZ
Forest Fires Act
Provision
Violated
Prescribed Wording
18(3)
industrial operation without a permit
18(7)
not having the required fire fighting equipment
New Brunswick Regulation 84-204 under the
Forest Fires Act
Provision
Violated
Prescribed Wording
3.8
fire started (or ignited or tended or fuelled or made use of or caused to be started or caused to be ignited) on a non-burn day
3.9
fire started (or ignited or tended or fuelled or made use of or caused to be started or caused to be ignited) on a restricted burn day
Highway Act
Provision
Violated
Prescribed Wording
34(3)
motor vehicle on closed highway
36(5)
exceeding weight restriction
 
 
Liquor Control Act
Provision
Violated
Prescribed Wording
132
unlawfully selling liquor
133
unlawful possession of liquor
136(2)
being intoxicated in licensed premises
137(1)
providing liquor to person under 19 years
137(4)
possessing (or consuming or obtaining) liquor when under 19 years  
Motor Vehicle Act
Provision
Violated
Prescribed Wording
17(1)(a)
vehicle not registered
17(1)(b)
registration expired
17(1)(c)
registration revoked or suspended
17.1(2)
vehicle not insured
28(1)
not carrying registration certificate
28(1.1)
not carrying evidence of insurance
36(1)
failing to notify Registrar of change of address
41
failing to apply for transfer of registration
68(b)
no current registration plate and sticker
70(d)
displaying fictitious registration plate
78(1)
driving without valid licence
78(2)
driving motorcycle without valid licence
84(2)
unsupervised learner driver
92(1)
failure to produce licence
96
failing to notify Registrar of change on licence
105
failing to stop for peace officer or failing to produce information and documents
109
making unnecessary noise with tires
117(1)
disobeying traffic control device
117(3)
driving off roadway to avoid traffic control device
119(1)
disobeying traffic control signal
125
leaving scene of accident resulting in injury or death
126
leaving scene of accident resulting in damage to vehicle
128
failing to give notice of collision with unattended vehicle
129
failing to give notice of damage to property
130(1)
failing to report accident
140(1.1)(a)
speeding
140(1.1)(b)
speeding by over 25 km/hr
140(2)
driving too fast in the circumstances
149(1)
passing unlawfully
150
passing unlawfully on right
151
passing when unsafe to do so
154(2)
unlawfully driving on left of or over solid line
156(a)
leaving lane unsafely
156(b)
changing lanes without signalling
157(1)
following too closely
162(3)
turning improperly
165(1)
failing to yield to vehicle in intersection
165(2)
failing to yield to vehicle on right
166
failing to yield to oncoming vehicle when turning left
167
failing to yield when entering (or leaving) highway
170(1)
failing to yield to pedestrian in cross walk
186(3)
failing to stop at stop sign
188(1)
failing to stop for school bus with flashing red lights
193(1)
unlawfully stopping, standing or parking a vehicle
195(1)
unlawfully leaving vehicle unattended
198
backing vehicle unlawfully
200(1)
overcrowded (or overloaded) vehicle
200.1(2)
driving vehicle without proper seat belts
200.1(3)
not wearing seat belt  
200.1(4)
not wearing seat belt  
200.1(6)
carrying passenger under 16 years without proper restraint
203(2)
littering a highway
206(1)(a)
unsafe vehicle  
206(1)(b)
vehicle without proper lights  
206(1)(d)
vehicle without proper brakes
206(1)(e)
vehicle not equipped as required
207
vehicle not properly lit  
229
failing to wear lawful helmet
230(1)
substandard tires
235
driving vehicle without proper exhaust system
238(1)
operating vehicle while view obstructed
241(3)
operating vehicle with unlawful tires
250(1)(a)
failing to submit to spot inspection
250(1)(b)
disobeying order for repair, inspection or testing  
250(1)(c)
no current inspection certificate  
250(2)
operating vehicle unlawfully after order
251(1)
unlawfully oversize, loaded or coupled vehicle
256(1)
carrying harmful material improperly
256(2)
shipping harmful material improperly
256(3)
failing to fasten load securely  
260(2)
breach of demand or direction respecting massing
260(4)
disobeying peace officer’s signal or direction  
260(4.1)
evading massing, measurement or inspection
261(4)
violating (or not carrying) special permit
359
operating vehicle that exceeds axle (or gross allowable or gross registered) mass limit  
Off-Road Vehicle Act
Provision
Violated
Prescribed Wording
3(1)(a)
no valid registration
3(1)(b)
failing to properly display plate or decal
3(1)(c)
uninsured motorized snow vehicle
3(1)(d)
uninsured ATV
7.1(1)(a)
decal not properly attached and displayed
7.1(1)(b)
permit not properly attached  
7.1(3)
operating an unauthorized vehicle on a motorized snow vehicle trail
7.3(3)
tearing down (or removing or damaging or covering or defacing or altering) a sign posted on a motorized snow vehicle trail
7.3(4)
operating a motorized snow vehicle in contravention of a sign
7.9(3)
tearing down (or removing or damaging or covering or defacing or altering) a sign posted on an ATV trail
7.9(4)
operating ATV in contravention of a sign
16
operating ORV within 7.5 m of highway
21
driving (or being an occupant of) ORV without lawful helmet  
24(2), [24(1)(a)]
failing to stop
24(2), [24(1)(b)]
failing to give name and address  
24(2), [24(1)(c)]
failing to produce proof of registration
24(2), [24(1)(c.1)]
failing to produce proof of safety training
24(2), [24(1)(c.2)]
failing to produce proof of age  
24(2), [24(1)(d)]
failing to make equipment or device available for inspection  
24(2), [24(1)(e)]
failing to produce an insurance card
24(2), [24(1)(f)]
failing to show permit
New Brunswick Regulation 85-104 under the
Parks Act
Provision
Violated
Prescribed Wording
11(1)
operating an unauthorized vehicle in a provincial park
14
hunting (or trapping or taking or snaring or injuring or destroying) any animal (or bird) in a provincial park
15
fishing in Sugarloaf Provincial Park
16(1)
possessing a loaded firearm (or discharging a firearm) in a provincial park
16(2)
unlawful possession of a firearm in a provincial park
Pesticides Control Act
Provision
Violated
Prescribed Wording
14
selling (or offering for sale or supplying) a pesticide without a vendor’s licence
16(2)(a)
applying pesticide without a certificate
16(2)(b)
applying pesticide without a permit
18(1)
unapproved (or improper) use of a pesticide
24
disposing of a pesticide (or a mixture containing a pesticide) contrary to the regulations  
24.1
disposing of a pesticide container contrary to the regulations  
 
New Brunswick Regulation 96-126 under the
Pesticides Control Act
Provision
Violated
Prescribed Wording
3
licensed vendor owning (or operating or using) pesticide storage area without authorization  
11(1)(a)
pesticide storage area does not meets all requirements  
11(1)(b)
pesticide storage area without an impermeable floor  
11(1)(c)
failing to restrict access to a pesticide storage area
11(1)(e)
failing to have proper signage posted
11(1)(h)
failing to comply with terms and conditions imposed by the Director
12
storing (or handling) a pesticide contrary to label instructions  
28
improper disposal of a pesticide (or a mixture containing a pesticide)  
Protected Natural Areas Act
Provision
Violated
Prescribed Wording
11(a)
entering a Class I PNA
12(a)(x)
camping (or occupying land) in a Class II PNA  
12(a)(xii)
unauthorized vehicle in a Class II PNA
12(a)(xiii)(B)
disturbing (or harassing or injuring or killing or damaging or destroying) fauna (or flora)  
16
failing to produce a permit
18(2)
entering a PNA during closed times
New Brunswick Regulation 2004-57 under the
Protected Natural Areas Act
Provision
Violated
Prescribed Wording
7
introducing flora into a Class II PNA
Quarriable Substances Act
Provision
Violated
Prescribed Wording
36
unauthorized production for a quarriable substance  
Transportation of Primary Forest Products Act
Provision
Violated
Prescribed Wording
3(1)
failing to produce required documentation
93-130; 2003, c.7, s.40; 2008-3
N.B. This Regulation is consolidated to February 1, 2008.