Acts and Regulations

M-17 - Motor Vehicle Act

Section 319
Disposition versions

Full text
Application for payment
319(1)A person who would have a cause of action against an owner of a motor vehicle or a driver of a motor vehicle, other than a motor vehicle owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the motor vehicle in the Province, except a person entitled to make application under section 320, may make application in a form prescribed by the Minister, for payment out of the Fund of the damages in respect of such death, personal injury, or property damage.
319(2)Upon receipt of an application under subsection (1), the Minister shall, by registered or certified mail, forward a notice of the application for payment out of the Fund to the owner and the driver of the motor vehicle against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, to their latest known addresses or to their latest addresses as recorded with the Registrar of Motor Vehicles.
319(3)The Minister may, in respect of an application made under subsection (1), make payment out of the Fund, subject to the same conditions, limits, deductions and exclusions which would apply to an application by a judgment creditor pursuant to the provisions of this Part mutatis mutandis, of an amount that he deems proper in all the circumstances if,
(a) the applicant executes a release under seal of all claims arising out of the motor vehicle accident that occasioned the damages to be paid out of the Fund, and
(b) subject to paragraph (c), the owner and driver of the motor vehicle, against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, execute a consent to the payment of the sum for damages out of the Fund and also execute under seal an undertaking in a form prescribed by the Minister to repay to the Fund the amount to be paid from the Fund, or
(c) the person to whom a notice is sent in accordance with subsection (2) does not reply within thirty days of the date upon which the notice was sent either
(i) by mail, or
(ii) by attending in person at the place named in the notice,
and disputes his liability to the person making application under subsection (1).
319(4)Notwithstanding the provisions of subsection (6), where an amount is paid out of the Fund under subsection (3), the Minister shall, to the extent of the amount paid out, be deemed to be a creditor of every person against whom liability for the damages occasioned by the operation of the motor vehicle is alleged and who was given notice under subsection (2), and upon the filing with the Registrar of The Court of King’s Bench of New Brunswick of a certificate of the Minister in a form prescribed by regulation stating the amount paid out, judgment may be entered in that amount in the name of the Minister as a judgment of The Court of King’s Bench of New Brunswick, and, without the consent of the Minister, no execution under a judgment obtained with respect to the damages referred to above shall be made by any person other than the Minister against the property of the judgment debtor until the judgment debt of the Minister is satisfied.
319(5)Where payment is made under subsection (3), the motor vehicle privilege of the person or persons to whom the notice was forwarded under subsection (2) shall be forthwith suspended by the Registrar and shall not be eligible for reinstatement until proof of financial responsibility has been filed in accordance with Part V1 of this Act.
319(6)After proof of financial responsibility required under subsection (5) has been filed, the Registrar shall reinstate the motor vehicle privileges upon the person or persons referred to in subsection (5) satisfying in full his or their liability under subsection (4) to the Minister, otherwise than by a discharge in bankruptcy, or upon the person or persons complying with any of the following conditions:
(a) commenced repayment to the Fund,
(b) five years after payment out of the Fund, the person or persons pay in cash fifty per cent of the amount then outstanding,
(c) six years after payment out of the Fund, the person or persons pay in cash forty per cent of the amount then outstanding,
(d) seven years after payment out of the Fund, the person or persons pay in cash thirty per cent of the amount then outstanding,
(e) eight years after payment out of the Fund, the person or persons pay in cash twenty per cent of the amount then outstanding,
(f) nine years after payment out of the fund, the person or persons pay in cash ten per cent of the amount then outstanding, or
(g) ten years have elapsed since date of payment out of the Fund.
319(7)Interest at four per cent per annum shall be charged on money paid out of the Fund.
319(8)Where a person has commenced repayment of the amount paid out of the Fund on the undertaking referred to in paragraph (3)(b) and is in default in any payment, the Registrar shall forthwith suspend the motor vehicle privileges of such person.
319(9)The Release executed under paragraph (3)(a) does not affect the rights of recovery of an insured against any person to which an insurer becomes subrogated under section 266 of the Insurance Act.
319(10)The Minister may in his discretion make interim payments out of the Fund to claimants claiming damages for personal injury where
(a) the responsible person or persons do not dispute their liability after a notice is sent to them as provided above,
(b) the claimant is unable to continue his employment, and
(c) the extent of the claimant’s injuries cannot be determined until after extensive medical treatment or an extended recovery period.
1964, c.43, s.12; 1966, c.81, s.19, 20; 1967, c.54, s.28; 1972, c.48, s.62, 63; 1977, c.32, s.35; 1979, c.41, s.85; 1980, c.32, s.26; 1985, c.34, s.40; 2023, c.17, s.162
Application for payment
319(1)A person who would have a cause of action against an owner of a motor vehicle or a driver of a motor vehicle, other than a motor vehicle owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the motor vehicle in the Province, except a person entitled to make application under section 320, may make application in a form prescribed by the Minister, for payment out of the Fund of the damages in respect of such death, personal injury, or property damage.
319(2)Upon receipt of an application under subsection (1), the Minister shall, by registered or certified mail, forward a notice of the application for payment out of the Fund to the owner and the driver of the motor vehicle against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, to their latest known addresses or to their latest addresses as recorded with the Registrar of Motor Vehicles.
319(3)The Minister may, in respect of an application made under subsection (1), make payment out of the Fund, subject to the same conditions, limits, deductions and exclusions which would apply to an application by a judgment creditor pursuant to the provisions of this Part mutatis mutandis, of an amount that he deems proper in all the circumstances if,
(a) the applicant executes a release under seal of all claims arising out of the motor vehicle accident that occasioned the damages to be paid out of the Fund, and
(b) subject to paragraph (c), the owner and driver of the motor vehicle, against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, execute a consent to the payment of the sum for damages out of the Fund and also execute under seal an undertaking in a form prescribed by the Minister to repay to the Fund the amount to be paid from the Fund, or
(c) the person to whom a notice is sent in accordance with subsection (2) does not reply within thirty days of the date upon which the notice was sent either
(i) by mail, or
(ii) by attending in person at the place named in the notice,
and disputes his liability to the person making application under subsection (1).
319(4)Notwithstanding the provisions of subsection (6), where an amount is paid out of the Fund under subsection (3), the Minister shall, to the extent of the amount paid out, be deemed to be a creditor of every person against whom liability for the damages occasioned by the operation of the motor vehicle is alleged and who was given notice under subsection (2), and upon the filing with the Registrar of The Court of Queen’s Bench of New Brunswick of a certificate of the Minister in a form prescribed by regulation stating the amount paid out, judgment may be entered in that amount in the name of the Minister as a judgment of The Court of Queen’s Bench of New Brunswick, and, without the consent of the Minister, no execution under a judgment obtained with respect to the damages referred to above shall be made by any person other than the Minister against the property of the judgment debtor until the judgment debt of the Minister is satisfied.
319(5)Where payment is made under subsection (3), the motor vehicle privilege of the person or persons to whom the notice was forwarded under subsection (2) shall be forthwith suspended by the Registrar and shall not be eligible for reinstatement until proof of financial responsibility has been filed in accordance with Part V1 of this Act.
319(6)After proof of financial responsibility required under subsection (5) has been filed, the Registrar shall reinstate the motor vehicle privileges upon the person or persons referred to in subsection (5) satisfying in full his or their liability under subsection (4) to the Minister, otherwise than by a discharge in bankruptcy, or upon the person or persons complying with any of the following conditions:
(a) commenced repayment to the Fund,
(b) five years after payment out of the Fund, the person or persons pay in cash fifty per cent of the amount then outstanding,
(c) six years after payment out of the Fund, the person or persons pay in cash forty per cent of the amount then outstanding,
(d) seven years after payment out of the Fund, the person or persons pay in cash thirty per cent of the amount then outstanding,
(e) eight years after payment out of the Fund, the person or persons pay in cash twenty per cent of the amount then outstanding,
(f) nine years after payment out of the fund, the person or persons pay in cash ten per cent of the amount then outstanding, or
(g) ten years have elapsed since date of payment out of the Fund.
319(7)Interest at four per cent per annum shall be charged on money paid out of the Fund.
319(8)Where a person has commenced repayment of the amount paid out of the Fund on the undertaking referred to in paragraph (3)(b) and is in default in any payment, the Registrar shall forthwith suspend the motor vehicle privileges of such person.
319(9)The Release executed under paragraph (3)(a) does not affect the rights of recovery of an insured against any person to which an insurer becomes subrogated under section 266 of the Insurance Act.
319(10)The Minister may in his discretion make interim payments out of the Fund to claimants claiming damages for personal injury where
(a) the responsible person or persons do not dispute their liability after a notice is sent to them as provided above,
(b) the claimant is unable to continue his employment, and
(c) the extent of the claimant’s injuries cannot be determined until after extensive medical treatment or an extended recovery period.
1964, c.43, s.12; 1966, c.81, s.19, 20; 1967, c.54, s.28; 1972, c.48, s.62, 63; 1977, c.32, s.35; 1979, c.41, s.85; 1980, c.32, s.26; 1985, c.34, s.40
Application for payment
319(1)A person who would have a cause of action against an owner of a motor vehicle or a driver of a motor vehicle, other than a motor vehicle owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the motor vehicle in the Province, except a person entitled to make application under section 320, may make application in a form prescribed by the Minister, for payment out of the Fund of the damages in respect of such death, personal injury, or property damage.
319(2)Upon receipt of an application under subsection (1), the Minister shall, by registered or certified mail, forward a notice of the application for payment out of the Fund to the owner and the driver of the motor vehicle against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, to their latest known addresses or to their latest addresses as recorded with the Registrar of Motor Vehicles.
319(3)The Minister may, in respect of an application made under subsection (1), make payment out of the Fund, subject to the same conditions, limits, deductions and exclusions which would apply to an application by a judgment creditor pursuant to the provisions of this Part mutatis mutandis, of an amount that he deems proper in all the circumstances if,
(a) the applicant executes a release under seal of all claims arising out of the motor vehicle accident that occasioned the damages to be paid out of the Fund, and
(b) subject to paragraph (c), the owner and driver of the motor vehicle, against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, execute a consent to the payment of the sum for damages out of the Fund and also execute under seal an undertaking in a form prescribed by the Minister to repay to the Fund the amount to be paid from the Fund, or
(c) the person to whom a notice is sent in accordance with subsection (2) does not reply within thirty days of the date upon which the notice was sent either
(i) by mail, or
(ii) by attending in person at the place named in the notice,
and disputes his liability to the person making application under subsection (1).
319(4)Notwithstanding the provisions of subsection (6), where an amount is paid out of the Fund under subsection (3), the Minister shall, to the extent of the amount paid out, be deemed to be a creditor of every person against whom liability for the damages occasioned by the operation of the motor vehicle is alleged and who was given notice under subsection (2), and upon the filing with the Registrar of The Court of Queen’s Bench of New Brunswick of a certificate of the Minister in a form prescribed by regulation stating the amount paid out, judgment may be entered in that amount in the name of the Minister as a judgment of The Court of Queen’s Bench of New Brunswick, and, without the consent of the Minister, no execution under a judgment obtained with respect to the damages referred to above shall be made by any person other than the Minister against the property of the judgment debtor until the judgment debt of the Minister is satisfied.
319(5)Where payment is made under subsection (3), the motor vehicle privilege of the person or persons to whom the notice was forwarded under subsection (2) shall be forthwith suspended by the Registrar and shall not be eligible for reinstatement until proof of financial responsibility has been filed in accordance with Part V1 of this Act.
319(6)After proof of financial responsibility required under subsection (5) has been filed, the Registrar shall reinstate the motor vehicle privileges upon the person or persons referred to in subsection (5) satisfying in full his or their liability under subsection (4) to the Minister, otherwise than by a discharge in bankruptcy, or upon the person or persons complying with any of the following conditions:
(a) commenced repayment to the Fund,
(b) five years after payment out of the Fund, the person or persons pay in cash fifty per cent of the amount then outstanding,
(c) six years after payment out of the Fund, the person or persons pay in cash forty per cent of the amount then outstanding,
(d) seven years after payment out of the Fund, the person or persons pay in cash thirty per cent of the amount then outstanding,
(e) eight years after payment out of the Fund, the person or persons pay in cash twenty per cent of the amount then outstanding,
(f) nine years after payment out of the fund, the person or persons pay in cash ten per cent of the amount then outstanding, or
(g) ten years have elapsed since date of payment out of the Fund.
319(7)Interest at four per cent per annum shall be charged on money paid out of the Fund.
319(8)Where a person has commenced repayment of the amount paid out of the Fund on the undertaking referred to in paragraph (3)(b) and is in default in any payment, the Registrar shall forthwith suspend the motor vehicle privileges of such person.
319(9)The Release executed under paragraph (3)(a) does not affect the rights of recovery of an insured against any person to which an insurer becomes subrogated under section 266 of the Insurance Act.
319(10)The Minister may in his discretion make interim payments out of the Fund to claimants claiming damages for personal injury where
(a) the responsible person or persons do not dispute their liability after a notice is sent to them as provided above,
(b) the claimant is unable to continue his employment, and
(c) the extent of the claimant’s injuries cannot be determined until after extensive medical treatment or an extended recovery period.
1964, c.43, s.12; 1966, c.81, s.19, 20; 1967, c.54, s.28; 1972, c.48, s.62, 63; 1977, c.32, s.35; 1979, c.41, s.85; 1980, c.32, s.26; 1985, c.34, s.40