Acts and Regulations

2020, c.18 - An Act to Amend the Motor Vehicle Act

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2020, c.18
An Act to Amend the
Motor Vehicle Act
Assented to June 18, 2020
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 28 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) in subsection (3)
(i) by repealing paragraph (a) and substituting the following: 
(a) an application for renewal of a vehicle registration has been approved by the Registrar but the registration certificate has not been issued or received, or
(ii) by repealing paragraph (b);
(iii) by repealing paragraph (c) of the French version and substituting the following: 
(c) lorsque le véhicule est conduit selon les dispositions de l’article 43.
(b) by repealing subsection (4) and substituting the following: 
28(4)The onus of proof shall be on the accused that an application for renewal of vehicle registration has been approved by the Registrar.
2Section 92 of the Act is amended
(a) by repealing subsection (2) and substituting the following:
92(2)The provisions of subsection (1) do not apply to
(a) a person whose application for renewal of a licence has been approved by the Registrar but the licence has not been issued or received, or
(b) a person who, by any provision of this Act, is permitted to operate a vehicle without a licence.
(b) by adding after subsection (2) the following: 
92(3)The onus of proof shall be on the accused that an application for a licence renewal has been approved by the Registrar.
3Section 95 of the Act is amended
(a) by repealing subsection (1) and substituting the following: 
95(1)A licence shall state on the face of the licence the date on which it will expire, which date shall be specified by the Registrar.
(b) by repealing subsection (1.1);
(c) in subsection (3) by striking out “and surrender of the existing licence”.
4The Act is amended by adding after section 95 the following: 
Regulations
95.1The Lieutenant-Governor in Council may make regulations
(a) prescribing the circumstances in which an application to renew a licence may be made by electronic means, and
(b) prescribing the classes of licences for which applications to renew a licence may be made by electronic means.
CONSEQUENTIAL AMENDMENTS
Regulation under the Motor Vehicle Act
5(1)Subsection 27(1) of New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended
(a) by repealing subparagraph (b)(ii) and substituting the following:
(ii) undertake to submit to a medical re-examination and to file a report satisfactory to the Registrar on every renewal of the licence;
(b) in paragraph (c)
(i) in subparagraph (ii) of the English version by striking out “Registrar of Motor Vehicles” and substituting “Registrar”;
(ii) by repealing subparagraph (iii) and substituting the following:
(iii) have a medical re-examination and file a report satisfactory to the Registrar on every renewal of the licence after reaching the age of sixty-five years;
5(2)The Regulation is amended by adding after section 27 the following: 
27.001An applicant may apply by electronic means for the renewal of a Class 5 licence if the applicant
(a) is the holder of a valid Class 5 licence or previously held a Class 5 licence that expired no more than 24 months before the date of the application,
(b) has not changed his or her residence address within 90 days before the date of the application,
(c) does not request to add or change an endorsement to the licence,
(d) does not request to remove or change a restriction imposed on the licence, and
(e) is not required to submit to a medical re-examination and to file a report satisfactory to the Registrar.
5(3)Section 27.02 of the Regulation is amended
(a) in subparagraph (a)(iii) of the English version by striking out “and” at the end of the subparagraph;
(b) by adding after paragraph (a) the following: 
(a.1) when the previous application for the renewal of a Class 5 licence was made by electronic means, and