Acts and Regulations

2021, c.24 - An Act to Amend the Provincial Offences Procedure Act

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2021, c.24
An Act to Amend the
Provincial Offences Procedure Act
Assented to June 11, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Subsection 10(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended
(a) in paragraph (g) by striking out “and” at the end of the paragraph;
(b) by adding after paragraph (g) the following: 
(g.1) state that the defendant may appear in court at the time and place stated in the ticket to plead guilty to the charge and make submissions respecting the fixed penalty, and
2Section 13 of the Act is amended by striking out “the portion of the fixed penalty representing the surcharge payable under the Victims Services Act,” and substituting “the fixed penalty,”.
3Subsection 14(1) of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following: 
14(1)A defendant who does not wish to dispute the charge set out in the ticket or make submissions respecting the fixed penalty may, no later than the time stated in the ticket for payment, pay a fixed penalty
4Subsection 16.3(1) of the Act is amended
(a) in paragraph (c) by striking out “the portion of the fixed penalty representing the surcharge under the Victims Services Act” and substituting “the fixed penalty”;
(b) in paragraph (g) by striking out “the portion of the fixed penalty representing the surcharge under the Victims Services Act” and substituting “the fixed penalty”.
5Section 16.7 of the Act is amended
(a) in subparagraph (a)(ii) by striking out “the portion of the fixed penalty representing the surcharge under the Victims Services Act” and substituting “the fixed penalty”;
(b) in subparagraph (b)(ii) by striking out “the portion of the fixed penalty representing the surcharge under the Victims Services Act” and substituting “the fixed penalty”.
6Subsection 16.8(1) of the Act is amended in the portion preceding paragraph (a) by striking out “the portion of the fixed penalty representing the surcharge payable under the Victims Services Act” and substituting “the fixed penalty”.
7Section 55 of the Act is repealed and the following is substituted: 
55(1)Despite any provision of this Act or any other Act, a judge may release a defendant without the imposition of a fine, a term of imprisonment or any other sentence that a judge may or shall impose under this Act or any other Act if the judge has convicted the defendant of an offence that does not, on conviction, carry a mandatory term of imprisonment and the judge is of the opinion that
(a) exceptional circumstances exist, and
(b) given those exceptional circumstances,
(i) it is not in the public interest to impose a fine or a term of imprisonment, and
(ii) the imposition of such a sentence would harm the reputation of the system of justice.
55(2)A judge acting under subsection (1) who releases a defendant without the imposition of a fine, a term of imprisonment or any other sentence shall give reasons.
8Section 55.1 of the Act is amended by adding after subsection (2) the following: 
55.1(3)A judge acting under subsection (1) who imposes a fine on a defendant without the imposition of the surcharge payable under the Victims Services Act shall give reasons.
9Section 81 of the Act is repealed and the following is substituted: 
81(1)Subject to subsection (2) and section 84, a fine imposed on a defendant shall be paid to the office of the court,
(a) if the amount of the fine is less than $1,200, within 90 days after its imposition, or
(b) if the amount of the fine is $1,200 or more, within 180 days after its imposition.
81(2)A judge may extend the time for payment of a fine to up to one year after its imposition if
(a) the judge has ordered the defendant to pay the fine in instalments under section 84.1, or
(b) the judge is of the opinion that it is appropriate to do so for any other reason.
10Section 83 of the Act is repealed.
11The Act is amended by adding after section 84 the following: 
Order for payment of fine in instalments
84.1If the judge is of the opinion that it is appropriate to do so, the judge may order a defendant to pay a fine in instalments.
12Section 86 of the Act is repealed and the following is substituted: 
86(1)A defendant is in default of payment of a fine if the fine has not been fully paid within the time set by section 80.2 or subsection 81(1) or within the time set by the judge under subsection 81(2), as the case may be.
86(2)If a judge has ordered a defendant to pay a fine in instalments under section 84.1, the defendant is in default of payment of the fine if an instalment has not been paid within the time set by the judge for the payment of the instalment.
CONSEQUENTIAL AMENDMENTS
Motor Vehicle Act
13Section 347.1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) by repealing subsection (1) and substituting the following: 
347.1(1)Subject to subsections (1.01) and (1.1), if a person is convicted of an offence under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or a local by-law, other than an offence under section 105.1, 345 or 346, and a fine is imposed, the fine is immediately due and payable and the judge or the clerk of the Court in which the fine was imposed shall, instead of proceeding under the Provincial Offences Procedure Act, prepare and immediately forward to the person with a copy to the Registrar, a notice, in the form which the Registrar may require, stating that, if the person holds a licence, the licence will be revoked and the person’s driving privilege suspended or, if the person does not hold a licence, the person’s driving privilege will be suspended, if full payment of the fine is not received by the Registrar within 90 days after the date of the notice, if the amount of the fine is less than $1,200, or within 180 days after the date of the notice, if the amount of the fine is $1,200 or more.
(b) by adding after subsection (1) the following: 
347.1(1.01)If the judge is of the opinion that it is appropriate to do so, the judge may extend the time for payment of the fine referred to in a notice given under subsection (1) to up to one year after the date of the notice, and the extended time for payment shall be indicated in the notice.
An Act Respecting the Surcharge Payable under the Victims Services Act
14Section 2 of An Act Respecting the Surcharge Payable under the Victims Services Act, chapter 4 of the Acts of New Brunswick, 2019, is repealed.
Commencement
15Sections 1 to 6 and 9 to 13 of this Act come into force on a day or days to be fixed by proclamation.