Acts and Regulations

M-11.1 - Metric Conversion Act

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Current to 1 January 2024
CHAPTER M-11.1
Metric Conversion Act
Assented to June 16, 1977
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“Canadian system of units” means that system of units set out and defined as Canadian units of measurement in Schedule II to the Weights and Measures Act, chapter 36 of the Statutes of Canada, 1970-71-72;(système canadien d’unités)
“International System of Units” means that system of units as set out and defined in Schedule I of the Weights and Measures Act, chapter 36 of the Statutes of Canada, 1970-71-72.(système international d’unités)
Application of section, measurement in Canadian system of units
2(1)The Lieutenant-Governor in Council may, by Order-in-Council, designate any Act, regulation, Order-in-Council, municipal by-law or other instrument having the force and effect of law within the legislative competence of the Province of New Brunswick as an instrument to which the provisions of this section apply.
2(2)Where any Act, regulation, Order-in-Council, municipal by-law or other instrument having the force and effect of law designated pursuant to subsection (1) expresses a measurement in the Canadian system of units, that measurement is deemed to be a measurement of equivalent value expressed in the International System of Units as determined by reference to the conversion factors contained in clause 7 of the National Standard of Canada CAN3-Z234.1-79 entitled the Canadian Metric Practice Guide.
1983, c.51, s.1
Amendments to Acts, commencement
3(1)Every Act referred to in any provision of Schedule A of this Act shall, upon the coming into force of that provision, be amended in accordance with the instructions contained in that provision.
3(2)This Act or any provision thereof comes into force on a day to be fixed by proclamation.
SCHEDULE A
Abandoned Lands Act
0.1The English version of paragraph 3(2)(a) of the Abandoned Lands Act, chapter A-1 of the Revised Statutes, 1973, is repealed and the following substituted therefor:
(a) a description of the land in brief form showing the county and parish in which the same is situate, the lot number, if any, the estimated area, and such further particulars as the Minister may consider necessary to identify the land;
1978, c.38, s.1
Arrest and Examinations Act
1The Arrest and Examinations Act, chapter A-12 of the Revised Statutes, 1973, is amended
(a)by repealing subsection 5(1) thereof and substituting therefor the following:
5(1)The notice mentioned in subsection 4(2) shall be in writing and shall state before whom the examination will be held, and the time and place thereof, and shall be served on the plaintiff, or one of them if more than one, his agent or the attorney who issued the process, and such notice shall be served not less than forty-eight hours before the time for making such disclosure if the parties served live within thirty kilometres of the place of examination, and not less than one day additional for every sixty kilometres travel over the first named distance, exclusive of Sundays.
(b)by repealing subsection 30(5) thereof and substituting therefor the following:
30(5)Each person when served with the order, shall be paid or tendered fees equal to twelve cents per kilometre going and returning between the place of such service and the place of examination.
Assignments and Preferences Act
2The Assignments and Preferences Act, chapter A-16 of the Revised Statutes, 1973, is amended by repealing subsection 27(1) thereof and substituting therefor the following:
27(1)Any person liable to be examined under this Act may be served with a copy of the order, such service to be made at least forty-eight hours before the time appointed for the examination; and the person served with the order shall be paid or tendered witness fees to the amount of twelve cents per kilometre, going and returning, between the place of service and that of the return of the order.
Cemetery Companies Act
3The Cemetery Companies Act, chapter C-1 of the Revised Statutes, 1973, is amended
(a)by repealing subsection 13(1) thereof and substituting therefor the following:
13(1)No person shall be buried, in a vault or otherwise, under any chapel or other building, nor within five metres of the outer wall of any such chapel or building, unless in accordance with such rules and regulations as may be made by the Lieutenant-Governor in Council.
(b)by repealing section 19 thereof and substituting therefor the following:
19A deed from the company may be in the following form:
“Know all men by these presents, that the .............. Cemetery Company, Limited, in consideration of .............. dollars paid to it by .............. of .............., the receipt whereof is hereby acknowledged, does grant unto the said .............., his heirs and assigns, .............., lot of land in the cemetery of the said company called the .............. Cemetery, and situate in the county of .............., which lot is delineated and laid down on the map of the said cemetery, and is designated therein by the name of .............., containing by admeasurement ..............; to have and to hold the above named lot unto the above named .............., his heirs and assigns forever.”
(c)by repealing subsections 25(1) and (2) thereof and substituting therefor the following:
25(1)Every proprietor of a lot in the cemetery containing not less than 96.8748 superficial feet or nine square metres, who has paid twenty-five per cent or more of the price of the lot, shall be deemed a shareholder in the company, and every such lot shall be deemed a share in the company.
25(2)A cemetery company subject to the provisions of this Act may, if authorized so to do, by resolution passed by a two-thirds vote of those present at its annual meeting or at a special meeting called for that purpose, make an assessment, to be paid annually, on each lot holder of a sum equal to one cent per square foot or 11.1111 cents per square metre of each lot.
(d)by repealing section 26 thereof and substituting therefor the following:
26The company may sell a lot of any size, but no proprietor of a lot containing less than 96.8748 superficial feet or nine square metres shall thereby become a member of the company, or have any vote in the management of the affairs thereof.
Community Planning Act
4(1)The Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended
(a)by repealing paragraph (d) of the definition “development” where it appears in section 1 thereof and substituting therefor the following:
(d) the making of land by cutting or filling to a depth in excess of one metre;
(b)by repealing subsection 34(8) thereof and substituting therefor the following:
34(8)Where, in good faith, a building or structure is located so as to encroach up to sixty centimetres on a set-back requirement pursuant to subparagraph (3)(a)(v), or encroach up to thirty centimetres on a yard requirement pursuant to subparagraph (3)(a)(iv), such encroachment does not constitute a violation of the requirements of the by-law.
(c)by repealing subparagraph 42(3)(d)(ii) thereof and substituting therefor the following:
(ii) contribute to the cost of work referred to in subparagraph (i) to the extent required for streets within the subdivision pursuant to paragraph (i), provided the amount contributed per linear metre for such access does not exceed the cost to such person per linear metre for streets within the subdivision or, where the plan does not provide for the laying out of streets to be publicly owned, the average cost per linear metre for subdivision streets within the municipality constructed during the preceding twelve months;
(d)by repealing paragraph 48(1)(a) thereof and substituting therefor the following:
(a) any subdivision in which each parcel of land is not less than two hectares in area and in which any parcel that fronts on a publicly owned street has a rectangular width of at least one hundred fifty metres at the minimum setback established by a by-law or regulation hereunder affecting the land;
(e)by repealing subparagraphs 52(2)(a)(i) and (ii) thereof and substituting therefor the following:
(i) to a scale having a ratio of one to one thousand except where, in the opinion of the development officer, a ratio of one to five hundred, one to two thousand or one to five thousand is more practical,
(ii) on one of the following sizes of material, in centimetres:
(A) 21.5 x 35.5,
(B) 35.5 x 43, or
(C) 50 to 75 x 50 to 100, and
(f)by repealing subparagraphs 52(2)(b)(i) and (iii) thereof and substituting therefor the following:
(i) to a scale having a ratio of one to five hundred, except where, in the opinion of the development officer, a ratio of one to one thousand, one to two thousand or one to five thousand is more practical,
(iii) in such manner that a space of twenty-five millimetres is left along the short side of the plan for binding and, immediately adjacent thereto, a further space of eighty millimetres is left for endorsement blocks.
(g)by repealing paragraph 52(3)(q) thereof and substituting therefor the following:
(q) except in the case of a subdivision plan of land in a municipality that indicates, to the satisfaction of the development officer, the location of the subdivision on the diagram of the plan, the location of the proposed subdivision in relation to existing streets or prominent natural features on a small key plan draw to a scale having a ratio of not less than one to twenty thousand.
(h)by adding immediately after subsection 65(1) thereof the following subsection:
65(1.1)The provisions of subsection 12(1.1) of the Municipalities Act do not apply to the enactment of a by-law hereunder.
(i)by repealing paragraph 68(7)(a) thereof and substituting therefor the following:
(a) the owners of land within the area and within one hundred metres thereof, other than a person applying for the re-zoning, are advised in writing of the proposed amendment, or
(j)by repealing section 70 thereof and substituting therefor the following:
70Where written objection to a proposed by-law to amend a zoning by-law is signed by the owners of at least one-third of the area of the land within the area affected thereby or within one hundred metres thereof, but not including land owned by any person who made application for such amendment, and is presented to the council not less than two days before the hearing required by section 68, the by-law shall not become valid unless a majority of the whole council votes in favour of it.
4(2)Where any regulation or municipal by-law made by or under the authority of the Community Planning Act, except a building regulation or by-law, expresses a measurement in only the Canadian system of units, that measurement is deemed to be a measurement of equivalent value expressed in the International System of Units as determined by reference to the following conversion tables:
CONVERSION TABLE I 
FOR:
SUBSTITUTE:
feet
metres
 
  1 — 2
 
 
  0.5
  3 — 4
  1
  5
  1.5
  6 — 7
  2
  8 — 9
  2.5
10 — 11
  3
12
  3.5
13 — 14
  4
15
  4.5
16 — 17
  5
18
  5.5
19 — 20
  6
21 — 22
  6.5
23
  7
24 — 25
  7.5
26 — 27
  8
28 — 31
  9
32 — 34
10
35 — 37
11
38 — 41
12
42 — 44
13
45 — 47
14
48 — 50
15
51 — 54
16
55 — 57
17
58 — 60
18
61 — 63
19
64 — 67
20
68 — 70
21
71 — 73
22
74 — 77
23
78 — 80
24
81 — 83
25
84 — 86
26
87 — 90
27
91 — 93
28
94 — 96
29
97 — 100
30
Values in excess of 100 feet are to be determined as follows:
substitute the total of
(a) 30 metres for each 100 feet thereof, and
(b) the equivalent number of metres indicated in the table for each foot thereof in excess of the amount provided for under paragraph (a).
CONVERSION TABLE II
FOR:
SUBSTITUTE:
square
feet
square
metres
 250
     22.5
 500
     45
 750
     67.5
1,000
     90
2,000
   180
3,000
   270
4,000
   360
5,000
   450
6,000
   540
7,000
   630
8,000
   720
9,000
   810
10,000
   900
11,000
1 000
12,000
1 080
13,000
1 170
14,000
1 260
15,000
1 350
16,000
1 440
17,000
1 530
18,000
1 620
19,000
1 710
20,000
1 800
21,000
1 900
22,000
 or 1/2 acre
2 000
23,000
2 070
24,000
2 160
25,000
2 250
26,000
2 340
27,000
2 430
28,000
2 520
29,000
2 610
30,000
2 700
31,000
2 800
32,000
2 890
33,000
2 980
34,000
3 070
35,000
3 160
36,000
3 250
37,000
3 340
38,000
3 430
39,000
3 520
40,000
3 600
41,000
3 800
42,000
3 880
43,000
3 960
44,000
 or 1 acre
4 000
Values not listed are to be interpolated from the table.
4(3)Repealed: 2020, c.8, s.35
2020, c.8, s.35
4(4)Repealed: 2020, c.8, s.35
2020, c.8, s.35
4(5)Repealed: 2020, c.8, s.35
2020, c.8, s.35
Crown Lands Act
4.1The Crown Lands Act, chapter C-38 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “timber berth” in section 1 thereof and substituting therefor the following:
“timber berth” includes timber licence or a division of a timber licence described as to general location and area in hectares;(concession forestière)
(b)by repealing section 5 thereof and substituting therefor the following:
5The Lieutenant-Governor in Council upon application by the Minister of Education may set apart certain areas of Crown lands not exceeding four hectares to be used for school purposes.
(c)by repealing subsection 6(7) thereof and substituting therefor the following:
6(7)A licensee of one or more timber licences that contain in total more than two hundred and fifty square kilometres shall submit a forest management plan to the Minister within such time as may be determined by the Minister and if the licensee fails to file such plan, the Minister may cause a survey of the area to be made and a forest management plan to be prepared at the expense of the licensee.
(d)by repealing paragraph 19(2)(b) thereof and substituting therefor the following:
(b) payment of a fee in the amount of fifteen dollars per square kilometre, or such greater amount as may be established by the Lieutenant-Governor in Council has been made to the Minister.
(e)by repealing subsection 61(1) thereof and substituting therefor the following:
61(1)All grants of land hereafter issued shall be subject to a reserve in full ownership by the Crown of a strip or portion of land, sixty metres in depth from the banks of any stream or lake, on each side thereof, and the riparian ownership of the said streams and lakes shall remain wholly vested in the Crown; but the owner or occupier of any lot abutting upon any said strip of land shall have a right of way across the strip to and from the stream or lake.
(f)by repealing paragraph 64(1)(a), (b) and (c) thereof and substituting therefor the following:
(a) upon the application of any municipality in the Province and upon approval of the Minister, a grant may issue to such municipality of a tract of land not exceeding one hundred hectares to be used by such municipality for a municipal home;
(b) upon the application of the legal representatives of any religious denomination or of the congregation of any religious denomination in the Province and upon the approval of the Minister, a grant may issue, to the proper party or parties to receive and hold land for such religious denomination or congregation, of a tract of land not exceeding four hectares to be used by such religious denomination or congregation for the purposes of a place of worship for such denomination or congregation;
(c) upon the application of a claimant to a lot by possessory title and upon satisfactory proof of occupation; but not more than forty-five hectares may be sold or granted to any claimant; and the provisions of subsection (3) do not apply to this paragraph.
(g)by repealing subsection 64(2) thereof and substituting therefor the following:
64(2)Before any grant shall issue under the provisions of subsection (1), there shall be paid to the Province by the person to whom such land is so authorized to be granted, a price for such land to be fixed by the Minister, to be not less than two dollars and fifty cents per hectare, and also all fees, costs and expenses in connection with the surveying of the said lands so to be granted.
(h)by repealing subsection 74(1) thereof and substituting therefor the following:
74(1)In respect of the lands granted to The New Brunswick Railway Company, wherever in the grants thereof provision is made for the sale of such lands to settlers at a price not less than two dollars per hectare, and subject to such regulations as the Lieutenant-Governor in Council might prescribe, the Lieutenant-Governor in Council may purchase from the said company the said lands or any part thereof and pay to the company therefor the price of two dollars per hectare, and upon tender to the company by the Minister of such price, the company shall be bound to reconvey the lands to Her Majesty, and the same shall thereupon be held solely for the purposes of settlement, and shall be dealt with according to the provisions of sections 53 to 62 inclusive.
(i)by repealing item 6 of Schedule A thereof and substituting therefor the following:
6In every case where a violation of the manufacturing conditions contained in any licence, permit, agreement or other writing entered into under the provisions of this Act or under Chapter 30 of the revised Statutes, N.B., 1927, has taken place, and in every case where any such violation may hereafter take place, and the logs, timber or wood have been or shall be removed from Canada unmanufactured, the Lieutenant-Governor in Council is hereby authorized to impose upon and collect from the holder of any licence or permit upon which said logs, timber or wood was cut, or upon any purchaser or owner of said logs, timber or wood, in the manner hereinafter provided, a charge of not more than two dollars and twenty cents per cubic metre.
1978, c.38, s.2
Dairy Products Act
5Repealed: 1999, c.N-1.2, s.118
1979, c.42, s.1; 1999, c.N-1.2, s.118
Fences Act
6The Fences Act, chapter F-10 of the Revised Statutes, 1973 is amended
(a)by repealing section 1 thereof and substituting therefor the following:
1All sufficient fences one hundred twenty centimetres high or higher shall be lawful fences, whether line fences or otherwise, and no lawful fence shall be of a lesser height.
(b)by repealing subsection 3(1) thereof and substituting therefor the following:
3(1)Any line fence bordering wholly enclosed lands or lands used as pasture shall be properly erected and kept up at the joint expense of the owners or occupiers of the adjacent lands, but no owner or occupier of any land not wholly enclosed or used as pasture although adjacent to the pasture land of another, is obliged to erect or repair or contribute to the expense of erecting or repairing any such line fence if no seeded or planted crops including ornamental plants are grown within two metres of the line fence.
Fire Prevention Act
7Repealed: 1995, c.45, s.24
1995, c.45, s.24
Fisheries Act
7.1The Fisheries Act, chapter F-15 of the Revised Statutes, 1973, is amended
(a)by repealing paragraph 19(4)(d) thereof and substituting therefor the following:
(d) the holder of a three-day Non-Resident Licence while fishing within eight hundred metres of any provincial highway.
(b)by repealing subsection 32(2) thereof and substituting therefor the following:
32(2)Where on the prosecution of an offence under section 12 or regulations made thereunder or paragraph 19(6)(c), it is proven that the person charged with such offence or that any person accompanying the person charged with such offence, was at the time and place when and where such offence is alleged to have been committed, in possession of any fish or part thereof or any fishing apparatus, in or on, or within one hundred metres of any place where at that time fishing for such fish is contrary to this Act or the regulations, the onus shall be on the person charged to prove he did not commit the offence charged.
(c)by repealing paragraph 35(a) thereof and substituting therefor the following:
(a) that for any specified term, not exceeding ten years from the date of such contract, all the fisheries and rights of fishing vested in or belonging to the Province, upon or over any land of any harbour, shore of the sea, or of any bay, or estuary thereof, or of any tidal water below high water mark, or between high and low water mark, or between low water mark and within five kilometres of any of the coasts, bays, creeks, or harbours of the Province, or over any portion of the land that may be specified in such contract, shall be leased and transferred to Her Majesty, in right of Canada, to be held during such specified term as part of the property of Canada, and at the expiration of that term to revert to and become again the property of the Province to the same extent and as fully in all respects as at the time of and just before the making of such contract;
1978, c.38, s.4
Forest Fires Act
7.2The Forest Fires Act, chapter F-20 of the Revised Statutes, 1973, is amended
(a)by repealing that portion of subsection 12(1) immediately preceding paragraph (a) thereof and substituting therefor the following:
12(1)Before a person ignites a fire or causes a fire to be ignited in or within one hundred metres of forest land
(b)repealing subsection 14(2) thereof and substituting therefor the following:
14(2)Before a person ignites a camp fire in or within fifteen metres of forest land he shall possess a valid camp fire permit, and, when on private land, obtain permission from the landowner.
(c)by repealing that portion of subsection 14(3) immediately preceding paragraph (a) thereof and substituting therefor the following:
14(3)Notwithstanding subsection (2), a camp fire permit is not required by a person, who, for the purpose of obtaining warmth or cooking food, ignites a camp fire in or within fifteen metres of forest land in
(d)by repealing paragraph 15(1)(b) and (c) thereof and substituting therefor the following:
(b) within one hundred metres of the centre of track of a railway, or
(c) within fifteen metres of the centre line of a public highway,
(e)by repealing subsection 16(2) thereof and substituting therefor the following:
16(2)Where a refuse dump is in or within four hundred metres of forest land and the area around it is not maintained in a manner prescribed by regulation, the owner or person in charge of it shall not operate it.
(f)by repealing paragraph 17(1)(a) thereof and substituting therefor the following:
(a) in or within four hundred metres of forest land, and
1978, c.38, s.4
Game Act
7.3The Game Act, chapter G-1 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “wild land” in subsection 1(1) thereof and substituting therefor the following:
“wild land” means uncultivated land in excess of forty hectares in the possession of one person, but does not extend to any lot of land on which the owner maintains a residence.(terre inculte)
(b)by repealing paragraph 31(1)(b) thereof and substituting therefor the following:
(b) during the closed season for beaver sets or places a trap or snare closer than thirty metres to a beaver pond, a beaver house or beaver dam,
(c)by repealing subsections 36(2) and (3) thereof and substituting therefor the following:
36(2)Subject to subsection 30(4), no person shall at any time or season discharge any firearm within three hundred metres of any dwelling house.
36(3)Except in his usual and ordinary permanent place of abode, during the period form January 1 to June 1 in any year, no person shall carry or have in his possession a firearm within one hundred metres of the Gulf of Saint Lawrence or within one hundred metres of any tidal waters that are a tributary to the Gulf of St. Lawrence.
(d)by repealing paragraph 52(2)(a) thereof and substituting therefor the following:
(a) are at least twenty-five centimetres by thirty-five centimetres in size,
(e)by repealing section 75 thereof and substituting therefor the following:
75Every person in guilty of an offence who, without the consent of the owner or caretaker of a ranch or enclosure where foxes or other fur bearing animals are kept in captivity for breeding purposes, approaches or enters upon the private grounds of the owner of those animals within a distance of twenty-five metres from the outer fence or enclosure within which the pens or dens of those animals are located, and upon which fence notices forbidding trespassing on those premises are kept posted, so as to be plainly discernible at a distance of not less than twenty-five metres.
(f)by repealing section 76 thereof and substituting therefor the following:
76Every person is guilty of an offence who, without the consent of the owner or caretaker of an enclosure within which game is kept, and on the outer fence of which enclosure are kept posted notices forbidding trespassing on the premises where the game is kept, and plainly discernible at a distance of twenty-five metres therefrom, passes within the fence of the enclosure or climbs over, breaks or cuts through the same for the purpose of entering the enclosure.
(g)by repealing subsection 96(5) thereof and substituting therefor the following:
96(5)The general posting of such area shall be deemed to include any area within a radius of one and one-half kilometres from the perimeter of any woods operations, and all roads leading to and leaving such operations where men are actually working or lodging.
1978, c.38, s.4
1978, c.38, s.4
Grand Lake Development Act
7.4Paragraph 5(1)(b) of the Grand Lake Development Act, chapter G-4 of the Revised Statutes, 1973, is repealed and the following substituted therefor:
(b) the total tonnage of coal produced under the mining right during three consecutive months does not exceed three thousand tonnes.
1978, c.38, s.4
Gasoline and Motive Fuel Tax Act
8Repealed: 2001, c.6, s.5
2001, c.6, s.5
Highway Act
9The Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “bridge” where it appears in section 1 thereof and substituting therefor the following definition:
“bridge” means any structure used or intended to be used for the purpose of carrying traffic on a highway over or across a river, stream, ravine, railway or other highway, and having a length between abutments of not less than three metres, and includes the approaches thereto;(pont)
(b)by repealing subsections 30(1), (2) and (3) thereof and substituting therefor the following:
30(1)All highways existing on the coming into force of paragraph 9(b) of Schedule A of the Metric Conversion Act, except those laid out and recorded as two-rod highways, shall, until the contrary is proved, be deemed to have been laid out four rods in width.
30(2)All highways that are laid out after the coming into force of paragraph 9(b) of Schedule A of the Metric Conversion Act shall be at least twenty metres in width unless the Lieutenant-Governor in Council otherwise orders.
30(3)The Lieutenant-Governor in Council, on recommendation of the Minister and if satisfied that a width of less than twenty metres is sufficient for highway purposes, may order that a highway be laid out less than twenty metres but not less than ten metres in width.
(c)by repealing paragraph 43(1)(a) thereof and substituting therefor the following:
(a) prohibiting or regulating the erecting, maintaining, posting, painting or exposing of advertisements upon or within one hundred fifty metres from the centre line of the travelled portion of any highway outside the limits of any city or town, and
(d)by repealing subsection 65(2) thereof and substituting therefor the following:
65(2)A control line established under subsection (1) on any side of an arterial highway or collector highway shall not be further from the centre of the right of way than one hundred eighty metres.
(e)by repealing paragraph 69(1)(d) thereof and substituting therefor the following:
(d) in using a plough, harrow or cultivator, or by any other means, disturbs the soil within one metre of any highway ditch,
1979, c.42, s.2
Jury Act
10The Jury Act, chapter J-3 of the Revised Statutes, 1973, is amended by repealing section 49 thereof and substituting therefor the following:
49A juror attending a court of record shall be paid the sum of fifteen dollars per day for every day he necessarily attends such court, and the sum of twelve cents per kilometre for every kilometre he necessarily travels from his place of residence to the court.
Landlord and Tenant Act
11The Landlord and Tenant Act, chapter L-1 of the Revised Statutes, 1973, is amended by repealing subsection 35(1) thereof and substituting therefor the following:
35(1)Any goods or chattels taken in distress for rent may be impounded or otherwise secured either upon the premises chargeable with the rent or some part thereof, or in some other suitable and convenient place situate within fifteen kilometres of the premises chargeable with the rent, and the same may be appraised, sold and disposed of upon the premises in which they are so impounded or secured.
Legislative Assembly Act
12The Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is amended by repealing paragraph 10(2)(b) thereof and substituting therefor the following:
(b) in lieu of expenses for transportation mentioned in paragraph (a), compensation at the rate prescribed in Part A of the Travel and Removal Regulations made under the Financial Administration Act when travelling in his own automobile.
Liquor Control Act
13Repealed: 2012, c.13, s.3
2012, c.13, s.3
Marshland Reclamation Act
14The Marshland Reclamation Act, chapter M-5 of the Revised Statutes, 1973, is amended by repealing the English version of subsection 38(2) thereof and substituting therefor the following:
38(2)An order made under this section shall apportion the cost of the work among the owners of the lands affected on the basis of area owned in proportion to the total area of all the lands affected.
Memorials and Execution Act
15Repealed: 2012, c.13, s.3
2012, c.13, s.3
Mining Act
15.1The Mining Act, chapter M-14 of the Revised Statutes, 1973, is amended
(a)by repealing subsection 35(1) thereof and substituting therefor the following:
35(1)A mining claim shall be laid out with boundaries running north, south, east and west magnetically, and shall be in the form of a square of four hundred metres on each side.
(b)by repealing paragraph 36(3)(d) thereof and substituting therefor the following:
(d) by plainly blazing the trees on two sides only where there are standing trees, and cutting the underbrush along the boundary lines of the claim or where there are no standing trees, clearly indicating the outlines of the claim as nearly as possible in the following manner: by planting thereon durable pickets, not less than one and one-half metres in height, at intervals of not more than forty metres or by erecting at such intervals monuments of earth or rock not less than sixty centimetres in diameter at the base, and at least sixty centimetres high, so that the lines may be distinctly seen;
(c)by repealing subsection 36(4) thereof and substituting therefor the following:
36(4)Every post shall stand not less than one and one-half metres above the ground, and shall be squared or faced on four sides for at least thirty centimetres from the top, and each side shall measure at least ten centimetres across where squared or faced, but a standing stump or tree may be used as a post if cut off and squared or faced to such height and size.
(d)by repealing subsection 47(1) thereof and substituting therefor the following:
47(1)A mining licence is valid for one year from the date of issue and on application may be renewed for further twelve month periods at the prescribed fee upon proof that work has been performed on the mining licence to the extent of twenty-five days of eight hours each for each area of sixteen hectares during the period about to expire.
(e)by repealing subsection 54(1) thereof and substituting therefor the following:
54(1)To comply with the requirements of his lease, the lessee shall annually not later than ten days after the anniversary date of the lease, furnish proof that work has been performed on the mining lease during the twelve month period prior to the anniversary date, to the extent of twenty-five days of eight hours each for each area of sixteen hectares leased.
(f)by repealing section 93 thereof and substituting therefor the following:
93The right of way for a railroad spur, siding or tramway shall not be laid out more than twenty metres in width, without the consent of the owners of the lands through or over which the same passes.
(g)by repealing section 96 thereof and substituting therefor the following:
96A holder of a mining right who bona fide desires to make rail connection with a railroad spur, siding or tramway build upon a right of way laid out for the purpose of transporting the product of the mines of another holder of a mining lease or licence, to a public railway or other shipping point, has the right to make such rail connection and transport the product of his mine or mines over such spur, siding or tramway if the same can be done without detriment to the owner thereof, upon paying the cost of such rail connection and such reasonable tolls per tonne or car shipment as may be agreed upon between the owner of such spur, siding or tramway, and the other mine owner or mine owners desiring to use such spur, siding or tramway.
1978, c.38, s.5
Mining Income Tax Act
15.2Paragraphs 8(1)(e) and (f) of the Mining Income Tax Act, chapter M-15 of the Revised Statutes, 1973, is repealed and the following substituted therefor:
(e) the cost per tonne for transportation of the mineral and mineral products to the smelter, refinery or mill;
(f) the cost per tonne for smelter, refinery or mill charges and the name and address of the person by whom they were paid or borne;
1978, c.38, s.5
Motor Carrier Act
16The Motor Carrier Act, chapter M-16 of the Revised Statutes, 1973, is amended:
(a)by repealing paragraph 13(1)(c) thereof and substituting therefor the following:
(c) while engaged only in carrying passengers to or from any train, ship or boat for trips not exceeding fifteen kilometres, one way, or
(b)by repealing subsection 13(2) thereof and substituting therefor the following:
13(2)The Board may establish any city, town or incorporated village or an area contiguous to any city, town or incorporated village, but not extending more than fifty-five kilometres from the boundary of such city, town or incorporated village, as an exempt area upon such terms and conditions as the Board in its discretion may deem necessary.
Motor Vehicle Act
17The Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “flammable liquid” where it appears in section 1 thereof and substituting therefor the following definition:
“flammable liquid” means any liquid that has a flash point of twenty-one degrees Celsius or less as determined by a tagliabue or equivalent close-cup device;(liquide inflammable)
(a.1)by repealing the definition “gross weight” where it appears in section 1 thereof and substituting therefor the following:
“gross mass” means the mass of a vehicle without load plus the mass of any load thereon;(masse brute)
1979, c.43, s.1
(b)by repealing the definition “residence district” where it appears in section 1 thereof and substituting therefor the following definition:
“residence district” means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of one hundred metres or more is in the main improved with residences or residences and buildings in use for business;(zone résidentielle)
(b.1)by repealing the definition “road tractor” where it appears in section 1 thereof and substituting therefor the following definition:
“road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the mass of a vehicle or load so drawn;(tracteur routier)
1979, c.43, s.2
(b.2)by repealing the definition “semi-trailer” where it appears in section 1 thereof and substituting therefor the following definition:
“semi-trailer” means every vehicle other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its mass and that of its load rests upon or is carried by another vehicle and includes a mobile home;(semi-remorque)
1979, c.43, s.2
(b.3)by repealing the definition “trailer” where it appears in section 1 thereof and substituting therefor the following definition:
“trailer” means every vehicle other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its mass rests upon the towing vehicle and includes a mobile home;(remorque)
1979, c.43, s.2
(b.4)by repealing the definition “truck tractor” where it appears in section 1 thereof and substituting therefor the following definition:
“truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the mass of the vehicle and load so drawn;(camion-tracteur)
1979, c.43, s.2
(b.5)by repealing subsection 6(1) thereof and substituting therefor the following
6(1)The Lieutenant-Governor in Council may by regulation establish classes of licence and may specify the conditions governing the classification of licences including the defining of the type, size and mass of vehicle that each class of licence entitles an individual to operate as well as the establishment of medical standards that may regulate or restrict an individual’s right to obtain a particular class of licence.
1979, c.43, s.2
1979, c.43, s.2
(b.6)by repealing paragraph 22(c) thereof and substituting therefor the following:
(c) in the case of a vehicle designed, constructed, converted or rebuilt for the transportation of property, a statement of its curb mass or its equivalent, and
1979, c.43, s.2
(c)by repealing subsection 29(3) thereof and substituting therefor the following:
29(3)Such registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of thirty metres during daylight.
(d)by repealing subsection 30(2) thereof and substituting therefor the following;
30(2)Every registration plate shall at all times be securely fastened to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than thirty centimetres nor more than one hundred twenty-five centimetres from the ground measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible to a person on the highway in front or in rear of the vehicle as the case may be.
(e)by repealing paragraphs 33(3)(b), (c) and (d) thereof and substituting therefor the following:
(b) where the vehicle is registered for a gross mass in excess of forty-five hundred kilograms, for one of the three month periods of
(i) April, May and June,
(ii) July, August and September,
(iii) October, November and December,
(iv) January, February and March,
in which case the permit expires with the last day of the three month period for which it is issued;
(c) where the vehicle is registered for a gross mass in excess of forty-five hundred kilograms, for one of the six month periods of
(i) April to September, both inclusive,
(ii) July to December, both inclusive,
(iii) October to March, both inclusive,
in which case the permit expires with the last day of the six month period for which it is issued;
(d) where the vehicle is registered for a gross mass in excess of forty-five hundred kilograms, for one of the nine month periods of
(i) April to December, both inclusive,
(ii) July to March, both inclusive,
in which case the permit expires with the last day of the nine month period for which it was issued; or
(f)by repealing subsection 43(1) thereof and substituting therefor the following:
43(1)Whenever the title or interest of an owner in or to a registered vehicle passes to another otherwise than by voluntary transfer or by death, no person shall operate such vehicle except as may be necessary to move such vehicle to the residence or place of business of the person entitled to the possession thereof, or to a garage, if within a distance of not exceeding one hundred twenty kilometres, unless and until the person entitled to such possession applies for and obtains the transfer to him of the registration thereof.
(f.01)by repealing subsection 49(2) thereof and substituting therefor the following:
49(2)A commercial vehicle registered outside the Province shall, while being operated in the Province under the provisions of subsection 47(2) be deemed to be registered hereunder at either the maximum mass permitted by the laws of this Province for that type of vehicle, or the maximum mass for which it is registered in its home province or state, whichever is the lesser, but a vehicle operated in the Province under paragraph 47(2)(c) shall be deemed to be registered in this Province for the maximum mass permitted by the laws of this Province for that type of vehicle.
1979, c.43, s.3
1979, c.43, s.3
(f.1)by repealing paragraph 71(2)(c) thereof and substituting therefor the following:
(c) the true number of miles or kilometres on the vehicle at the time of purchase by the vendor or transferor and at the time of sale, trade or transfer by the owner.
(g)by repealing subsection 110(3) thereof and substituting therefor the following:
110(3)The exemptions herein granted to an authorized emergency vehicle apply only when the driver of any such vehicle while in motion sounds a bell, siren, or exhaust whistle, and when the vehicle is equipped with at least one lighted lamp displaying a flashing red light visible under normal atmospheric conditions from a distance of one hundred fifty metres to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle and the driver thereof, when following a suspected violator of the law, need not sound any audible signal.
(h)by repealing paragraphs 140(1)(a) and (c) thereof and substituting therefor the following:
(a) fifty kilometres per hour in an urban district,
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
(i)by repealing section 145 thereof and substituting therefor the following:
145No person shall operate any motor-driven cycle at a speed greater than sixty kilometres per hour during the times specified in section 207 unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of one hundred metres.
(j)by repealing subsection 146(1) thereof and substituting therefor the following:
146(1)No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of twenty kilometres per hour.
(k)by repealing paragraphs 152(1)(b) and (c) thereof and substituting therefor the following:
(b) when approaching within thirty metres of or traversing an intersection or level railway crossing, and
(c) when the driver’s view is obstructed upon approaching within thirty metres of a bridge, viaduct or tunnel.
(l)by repealing subsection 157(2) thereof and substituting therefor the following:
157(2)The driver of a commercial vehicle or truck, or of a motor vehicle that is drawing another vehicle, when driving upon a roadway outside an urban district, and when following a commercial vehicle, or truck, or a motor vehicle drawing another vehicle, unless he intends to overtake and pass the vehicle ahead, shall, if conditions permit, have not less than sixty metres between his vehicle and the vehicle ahead.
(m)by repealing subparagraph 162(1)(b)(ii) thereof and substituting therefor the following:
(ii) upon an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within one hundred fifty metres, or
(n)by repealing subsection 162(4) thereof and substituting therefor the following:
162(4)A signal of intention to turn right or left when required shall be given continuously during not less than the last thirty metres travelled by the vehicle before turning.
(o)by repealing section 163 thereof and substituting therefor the following:
163Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, but when a vehicle is so constructed or loaded that the distance from the centre of the top of the steering post to the left outside limit of the cab, body or load exceeds sixty centimetres or that the distance from the centre of the top of the steering post to the rear limit of the body or load of the vehicle, or the last vehicle where more than one vehicle is included in a single combination, exceeds four hundred twenty centimetres, then the vehicle shall be equipped with, and the said signals shall be given by such a lamp or lamps or signal device.
(p)by repealing section 181 thereof and substituting therefor the following:
181(1)No person shall operate a bicycle at night unless it is equipped with a lamp on the front that emits a white light visible from a distance of at least one hundred fifty metres to the front and with a red reflector on the rear of type approved by the Registrar which shall be visible from one hundred metres to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle, but a lamp emitting a red light visible from a distance of one hundred fifty metres to the rear may be used in addition to the red reflector.
181(2)No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least thirty metres except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
(q)by repealing that portion of subsection 182(1) thereof that immediately precedes paragraph (a) and substituting therefor the following:
182(1)Any person driving a vehicle approaching a railroad grade crossing shall stop such vehicle within fifteen metres, but not less than five metres from the nearest rail of such railroad, when
(r)by repealing paragraph 182(1)(c) thereof and substituting therefor the following:
(c) a railroad train approaching within approximately five hundred metres of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard, or
(s)by repealing subsection 183(3) thereof and substituting therefor the following:
183(3)When a stop sign has been erected at a railway crossing, the driver of a vehicle shall stop the vehicle within fifteen metres, but less than five metres from the nearest rail of the railway and shall not proceed until he can do so safely.
(t)by repealing subsection 184(1) thereof and substituting therefor the following:
184(1)The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any tracks of a railroad, shall stop such vehicle within fifteen metres, but not less than five metres from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such tracks for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.
(u)by repealing subsections 185(1) and (3) thereof and substituting therefor the following:
185(1)No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of twenty or less kilometres per hour or a vertical body or load clearance of less than four centimetres for each metre of the distance between any two adjacent axles or in any event of less than twenty centimetres measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
185(3)Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than five metres nor more than fifteen metres from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(v)by repealing subsection 188(1) thereof and substituting therefor the following:
188(1)The driver of a motor vehicle meeting or overtaking a stopped school bus upon a highway when flashing lights are displayed on such school bus shall bring such motor vehicle to a stop at not less than five metres from such school bus and shall not pass such school bus until it is again in motion or the flashing lights cease to be displayed.
(w)by repealing paragraph 192(1)(b) thereof and substituting therefor the following:
(b) unless an unobstructed width of five metres of the roadway opposite such standing vehicle is left for the free passage of other vehicles and a clear view of such stopped vehicle may be had from a distance of sixty metres in each direction upon such roadway, or
(x)by repealing subsection 192(6) thereof;
(y)by repealing paragraphs 193(1)(d), (f), (g), (h), (i) and (j) thereof and substituting therefor the following:
(d) within five metres from the point on the curb or edge of the roadway immediately opposite a fire hydrant,
(f) within five metres of a cross walk at an intersection,
(g) within ten metres upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway,
(h) between a safety zone and the adjacent curb or within ten metres of points on the curb immediately opposite the ends of a safety zone, unless the local authority indicates a different length by signs or markings,
(i) within fifteen metres of the nearest rail of a railroad crossing,
(j) within ten metres of the driveway entrance to any fire station and on the side of a street opposite to any fire station within twenty-five metres of said entrance,
(z)by repealing subsections 194(1), (2) and (3) thereof and substituting therefor the following:
194(1)Subject to subsections (2) and (4), no person shall stop or park a vehicle, or leave a vehicle standing upon a highway other than on the right hand side of the highway and with the right-hand wheels of the vehicle parallel to and within fifty centimetres of the curb or outer edge of the shoulder.
194(2)Local authorities may by by-law authorize parking of vehicles on the left side of a highway, but any vehicle so parked shall be parked with the left wheels of such vehicle parallel to and within fifty centimetres of the left-hand curb or outer edge of the left shoulder of a one way roadway.
194(3)Where a local authority by by-law authorizes parking of vehicles under subsection (2), no person shall stop or park a vehicle, or leave a vehicle standing upon the left side of such highway other than with the left hand wheels of the vehicle parallel to and within fifty centimetres of the curb or outer edge of the shoulder.
(aa)by repealing subsection 200(3) thereof and substituting therefor the following:
200(3)The driver of a motor vehicle travelling through defiles or canyons or on hilly or winding highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of sixty metres along the highway, shall give audible warning with the horn of such motor vehicle.
(bb)by repealing that portion of subsection 202(1) thereof that immediately precedes paragraph (a) and substituting therefor the following:
202(1)No driver of a vehicle other than an authorized emergency vehicle shall follow fire apparatus closer than one hundred fifty metres or drive or park
(cc)by repealing paragraph 202(1)(b) thereof and substituting therefor the following:
(b) in all other cases within one hundred metres of the place on the same street or highway on which the apparatus so stops.
(dd)by repealing section 207 thereof and substituting therefor the following:
207No person shall drive a vehicle on a highway at night time or any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of one hundred fifty metres unless the vehicle is equipped with and displays lighted lamps and illuminating devices as hereinafter required for the class of vehicle so driven.
(ee)by repealing subsection 209(3) thereof and substituting therefor the following:
209(3)Every head lamp upon every motor vehicle, including every motorcycle and motordriven cycle, shall be located at a height of not more than one hundred forty centimetres and not less than sixty centimetres except in the case of a motor vehicle that is used, from time to time, in conjunction with snow removal equipment, or that is so designed as to require head lamps at a greater height.
(ff)by repealing paragraphs 209(4)(a) and (b) thereof and substituting therefor the following:
(a) there shall be an upper or main beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least one hundred metres ahead for all conditions of loading, and
(b) there shall be a lower or passing beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least thirty metres ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(gg)by repealing paragraphs 209(5)(a) and (b) thereof and substituting therefor the following:
(a) approach within one hundred fifty metres of a vehicle proceeding in the opposite direction,
(b) follow within sixty metres to the rear of a vehicle proceeding in the same direction, whether in the act of overtaking or not, or
(hh)by repealing paragraphs 209(6)(a) and (c) thereof and substituting therefor the following:
(a) every head lamp or head lamps on a motor cycle or motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than thirty metres when the motorcycle or motor-driven cycle is operated at any speed less than forty kilometres per hour and at a distance of not less than sixty metres when the motorcycle or motor-driven cycle is operated between the speeds of forty and sixty kilometres per hour, and at a distance of not less than one hundred metres when the motorcycle or motor-driven cycle is operated at a speed of more than sixty kilometres per hour,
(c) in the event the motorcycle or motor-driven cycle is equipped with a single beam lamp or lamps, the lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of seven hundred fifty centimetres ahead, shall project higher than the level of the centre of the lamp from which it comes.
(ii)by repealing section 210 thereof and substituting therefor the following:
210(1)Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle that is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the left hand side of the rear thereof, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of one hundred fifty metres to the rear; but in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
210(2)Every tail lamp upon every such vehicle shall be located at a height of not more than one hundred fifty centimetres and not less than fifty centimetres.
210(3)Every such vehicle shall be equipped with either a tail lamp or a separate lamp so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifteen metres to the rear, and any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
(jj)by repealing paragraph 211(1)(b) thereof and substituting therefor the following:
(b) when illuminated, are plainly visible and understandable from a distance of thirty metres to the rear during both day time and night time,
(kk)by repealing that portion of paragraph 212(b) thereof that immediately precedes subparagraph (i) and substituting therefor the following:
(b) on every commercial vehicle, semi-trailer or trailer two metres or more in overall width, in addition to the requirements in paragraph (a):
(ll)by repealing paragraph 212(d) thereof and substituting therefor the following:
(d) on every commercial vehicle which has any part of the body of a width greater than the width between the fenders measured from the outer edge thereof, but less than two metres, the equipment required under paragraphs (a) and (b), with the exception that reflectors of reflectorized tape may be used instead of clearance lamps.
(mm)by repealing sections 214 and 216 thereof and substituting therefor the following:
214(1)Every reflector upon any vehicle referred to in section 212 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within one hundred fifty metres of the vehicle when directly in front of lawful upper beams of head lamps.
214(2)Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of one hundred fifty metres from the front and rear, respectively of the vehicle.
216Whenever the load upon any vehicle extends to the rear one hundred twenty-five centimetres or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in section 207 hereof, a red light or lantern plainly visible from a distance of at least one hundred fifty metres to the sides and rear, and the red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle, and at any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than thirty centimetres square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
(nn)by repealing paragraphs 217(1)(a) and (b) thereof and substituting therefor the following:
(a) unless there is sufficient light to reveal a person or vehicle at a distance of one hundred fifty metres on the highway, or
(b) unless the vehicle is equipped with one or more lighted lamps that exhibit a white or amber light on the roadway side of the vehicle visible from a distance of one hundred fifty metres to the front of the vehicle, and a lighted red lamp visible from a distance of one hundred fifty metres to the rear.
(oo)by repealing sections 218 and 219 thereof and substituting therefor the following:
218All vehicles, including animal-drawn vehicles not hereinbefore specifically required to be equipped with lamps, shall at the time specified in section 207 be equipped with at least one lighted lamp or lantern exhibiting a light visible from the front and rear a distance of one hundred fifty metres.
219(1)Any motor vehicle may be equipped with not more than one spot lamp that shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam is directed to the left of the prolongation of the extreme left side of the vehicle nor more than thirty metres ahead of the vehicle.
219(2)Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height of not less than thirty centimetres nor more than seventy-five centimetres so aimed that none of the high-intensity portion of the light to the left of the centre of the vehicle, at a distance of seven hundred fifty centimetres ahead, projects higher than a level of ten centimetres below the level of the centre of the lamp from which it comes; but such fog lamps shall only be used when all other lights on the front of such vehicle are extinguished.
(pp)by repealing paragraph 221(a) thereof and substituting therefor the following:
(a) unless each lamp when illuminated is clearly visible and understandable during both day time and night time from a distance of thirty metres both to the front and rear, or
(qq)by repealing subsection 225(1) thereof and substituting therefor the following:
225(1)Any lighted lamp or illuminating device upon a motor vehicle other than the head lamps, spot lamps, auxiliary lamps, or flashing front-direction signals which projects a beam of light of an intensity greater than three hundred candela shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than twenty-five metres from the vehicle.
(rr)by repealing subsection 233(3) thereof and substituting therefor the following:
233(3)Every trailer or semi-trailer of a gross mass of one and one-half tonnes or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab in the case of every trailer or semi-trailer equipped with air brakes, and the brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle the brakes shall be automatically applied.
233(4)Repealed: 1979, c.43, s.4
1978, c.38, s.6; 1979, c.43, s.4
1978, c.38, s.6; 1979, c.43, s.4
(ss)by repealing paragraphs 233(8)(a) and (b) thereof and substituting therefor the following:
(a) at a speed of thirty kilometres per hour, to stop the vehicle or combination of vehicles within ten metres when all wheels thereof are equipped with such brakes, and otherwise within twelve metres, and
(b) to decelerate the vehicle or combination of vehicles at a sustained rate of four hundred twenty-six centimetres per second when all wheels thereof are equipped with such brakes and otherwise at a sustained rate of three hundred twenty-six centimetres per second.
(tt)by repealing subsections 234(1) and (6) thereof and substituting therefor the following:
234(1)Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and that is capable of emitting sound audible under normal conditions from a distance of not less than sixty metres, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
234(6)Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than one hundred fifty metres, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law.
(tt.1)by repealing section 236 thereof and substituting therefor the following:
236No motor vehicle, other than a motor vehicle in which there is a person licensed to operate a motor vehicle on a highway, trailer or other object or device shall be drawn by a motor vehicle on a highway unless there are two separate means of attachment so constructed and attached that the failure of one such means will not permit the motor vehicle, trailer, object or device being drawn to become detached, but this section does not apply to a trailer so designed and used that part of its own mass and of its load rests upon or is carried by another vehicle.
1979, c.43, s.5
(uu)by repealing section 237 thereof and substituting therefor the following:
237Every motor vehicle shall be equipped with a mirror so located and adjusted as to reflect to the driver without obstruction by any part of the vehicle or load thereon a view of the highway for a distance of at least sixty metres to the rear of such vehicle.
(vv)by repealing subsection 241(1) thereof and substituting therefor the following:
241(1)Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least twenty-five millimetres thick above the edge of the flange or rim on the entire periphery.
(ww)by repealing subsection 243(1) thereof and substituting therefor the following:
243(1)No person shall operate
(a) a motor truck having an over-all width of two metres or more,
(b) a passenger bus,
(c) a motor vehicle towing a house trailer, or
(d) a truck tractor,
on a highway at night time unless there is carried in such vehicle three portable reflector units or standards capable of reflecting red light clearly visible at a distance of one hundred fifty metres under normal atmospheric conditions, at night time when directly in front of the lawful upper beams of head lamps located at a distance from the reflector, and of a type approved by the Registrar, or in the alternative unless there is carried in the vehicle at least two red cloth flags, not less than thirty centimetres square, with standards to support them, together with
(e) not less than three flares each
(i) capable of burning continuously for twelve hours in a wind of eight kilometres per hour velocity,
(ii) capable of burning in a wind of sixty kilometres per hour velocity,
(iii) capable, when burning at night, of being seen and distinguished at a distance of one hundred fifty metres under normal atmospheric conditions,
(iv) so constructed as to withstand reasonable shocks without leaking, and
(v) carried in the vehicle in a metal rack or box, and
(f) not less than three red fusees each capable, when ignited, of being seen and distinguished at night time, under normal atmospheric conditions at a distance of one hundred fifty metres, or in lieu of the flares and fusees,
(g) three red electric lanterns, each
(i) capable of operating continuously for twelve hours,
(ii) capable of being seen and distinguished, when lighted at night time, under normal atmospheric conditions, at a distance of one hundred fifty metres, and
(iii) substantially constructed so as to withstand breakage.
(xx)by repealing subsection 244(1) thereof and substituting therefor the following:
244(1)Notwithstanding section 225, where a motor vehicle is disabled on a highway at night time, the driver shall forthwith place a portable reflector unit or standard at a distance of approximately thirty metres to the rear of the motor vehicle at or near the edge of the roadway.
(yy)by repealing subsection 245(1) thereof and substituting therefor the following:
245(1)Where a motor truck of two or more metres in width, including load, a passenger bus, truck tractor, trailer, semi-trailer or pole trailer is disabled or otherwise left standing upon a roadway or shoulder thereof, outside the jurisdiction of a local authority, the driver of that vehicle or of the motor vehicle towing the same shall
(a) if the vehicle is stopped during the day time, or at a time when lighted lamps are not required on vehicles under section 207, immediately display two red flags on the roadway in the lane of traffic occupied by the stopped vehicle, or when the vehicle is disabled or standing on the shoulder at the near edge of the roadway, one at a distance of approximately thirty metres in advance of the vehicle and one at a distance of approximately thirty metres to the rear of the vehicle;
(b) if such vehicle is stopped during the night time or at a time when lighted lamps are required on vehicles under section 207,
(i) immediately place a lighted fusee, or electric lantern on the roadway at the traffic side of the vehicle, and
(ii) within the burning period of the fusee, if one is used, and as promptly as possible place three lighted flares or three electric lanterns on the roadway one at a distance of approximately thirty metres in advance of the vehicle and one at a distance of approximately thirty metres to the rear of the vehicle, each in the centre of the lane of traffic occupied by the stopped vehicle or, when the vehicle is disabled or standing on the shoulder, at the near edge of the roadway, and one at the traffic side of the vehicle approximately five metres either rearward or forward thereof;
(c) if the vehicle is stopped during the day time or when lighted lamps are not required as aforesaid, and remains standing at a time when such lighted lamps are required on vehicles, place lighted flares or electric lanterns in the several locations specified in paragraph (b) at or before the time when such lamps are required to be lighted.
(yy.1)by repealing section 251 thereof and the heading immediately preceding section 251 and substituting therefor the following:
SIZE AND MASS REQUIREMENTS
251(1)No person shall drive or move, and no owner shall cause or permit it to be driven or moved on a highway, a vehicle or combination of vehicles of a size or mass, with or without load, or carrying any load, or coupled together, in violation of this Act.
251(2)No local authority has the power or authority to alter any limitation of maximum size or mass of vehicles, except as expressly provided in this Act.
251(3)The provisions of this Act governing size, mass and load do not apply to fire apparatus, road machinery or to implements of husbandry incidentally moved upon a highway, or to a vehicle operated under the terms of a special permit issued under section 261.
1979, c.43, s.6
1979, c.43, s.6
(zz)by repealing sections 252, 253, 254 and 255 thereof and substituting therefor the following:
252The total outside width of any vehicle or the load thereon shall not exceed two hundred sixty centimetres.
253No private passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle nor extending more than fifteen centimetres beyond the line of fenders on the right side thereof.
254(1)No vehicle including any load thereon shall exceed a height of four hundred twelve centimetres.
254(2)No two-axle motor vehicle including any load thereon shall exceed a length of eleven metres inclusive of front and rear bumpers and no three-axle motor vehicle shall exceed a length of fourteen metres inclusive of front and rear bumpers.
254(3)Subject to subsection (4) no combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles including any load thereon shall have a length, inclusive of front and rear bumpers, in excess of twenty metres except as otherwise provided in respect of the use of a pole trailer as authorized in section 255.
254(4)No truck tractor shall tow more than two trailers and no such combination of vehicles including any load thereon shall have a length, inclusive of front and rear bumpers, in excess of twenty metres.
254(5)In the case of combinations of vehicles the distance between the axles of any unit shall not exceed fourteen metres.
255(1)Subject to the provisions of section 254 limiting the length of vehicles and loads, the load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than ninety centimetres beyond the foremost part of the vehicle, and the load upon any vehicle operated alone or the load upon the vehicle of a combination of vehicles shall not extend more than one hundred eighty centimetres beyond the rear of the bed or body of such vehicle.
255(2)The limitations as to length of vehicles and loads heretofore stated in section 254 and subsection (1) do not apply to any load upon a pole trailer when transporting poles or pipes or structural material which cannot be dismembered; but no pole or pipe or other material exceeding twenty-four metres in length shall be so transported unless a permit has first been obtained as authorized in section 261.
(aaa)by repealing subsections 256(3), (5) and (6) thereof and substituting therefor the following:
256(3)No person shall operate on any highway any vehicle carrying logs piled in two ranks unless each rank is bound with a wrapper chain or steel cable at least six millimetres in diameter or equivalent in strength.
256(5)No person shall operate on any highway any vehicle carrying logs over one hundred twenty-five centimetres long piled crosswise on a vehicle body unless the logs are secured by not less than two wrapper chains or steel cables at least six millimetres in diameter or equivalent in strength.
256(6)No person shall operate on any highway any vehicle carrying logs or other material over two hundred fifty centimetres in length piled lengthwise on a vehicle body or trailer unless each rank or single rank, as the case may be is bound front and rear with a chain or steel cable at least six millimetres in diameter, or equivalent in strength.
(bbb)by repealing section 257 thereof and substituting therefor the following:
257(1)When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull all mass towed thereby and said drawbar or other connection shall not exceed five metres from one vehicle to the other except the connection between any two vehicles transporting poles, pipes, machinery, or other objects of such structural nature that they cannot readily be dismembered.
257(2)When one vehicle is towing another and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than thirty centimetres square.
1979, c.43, s.7
1979, c.43, s.7
(bbb.1)by repealing subsections 258(1) and (1.1) thereof and the heading immediately preceding section 258 and substituting therefor the following:
MAXIMUM MASS
258(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the maximum mass per axle, to be carried by various types of vehicles on any highway or portion thereof;
(b) respecting the maximum gross mass to be carried by various types of vehicles on any highway or portion thereof;
(b.1) prescribing or prohibiting equipment with respect to maximum mass per axle and gross mass;
(c) making it an offence for any person to operate a vehicle carrying a mass per axle in excess of the mass specified in such regulations;
(c.1) respecting the manner in which vehicles and axles are to be massed and prescribing the type of massing device that may be used;
(d) making it an offence for any person to operate a vehicle carrying a gross mass in excess of the mass specified in such regulations.
258(1.1)In a prosecution for an offence under the regulations made under subsection (1), a certificate purporting to be signed by the person authorized to operate the prescribed massing device stating
(a) the mass of the vehicle or the axle mass indicated by the prescribed massing device,
(b) that the person who operated the prescribed massing device is authorized to operate a prescribed massing device, or
(c) that the massing device is a prescribed massing device,
may be adduced in evidence without proof of the signature or appointment of the person purporting to have signed it, and when so adduced is prima facie proof of the facts stated therein, and where the motor vehicle referred to in the certificate bears the same registration number as the motor vehicle in respect of which the offence was committed, that the motor vehicle referred to in the certificate is the motor vehicle in respect of which the offence was committed.
1979, c.43, s.8
(bbb.2)by repealing section 259 thereof and substituting therefor the following:
259(1)The Registrar, upon registering any truck, truck tractor, trailer, or semi-trailer under the laws of this Province, or any bus may require such information and may make such investigation or test as is necessary to enable him to determine whether the vehicle may safely be operated upon the highways in compliance with this Act, and he shall register every such vehicle for a permissible gross mass not exceeding the limitations set forth in the regulations.
259(2)The Registrar shall insert in the registration certificate issued for every such vehicle the gross mass for which it is registered, and if it is a motor vehicle to be used for propelling other vehicles he shall separately insert the total permissible gross mass of the motor vehicle and other vehicles to be propelled by it, and he may also issue a special plate with the gross mass stated thereon, which shall be attached to the vehicle and be displayed thereon at all times.
259(3)Notwithstanding the gross mass set out in a registration certificate, the vehicle or combination of vehicles is deemed to be registered only for the maximum gross mass allowable under the regulations for that type of vehicle or combination of vehicles.
1979, c.43, s.8
1979, c.43, s.8
(ccc)by repealing subsections 260(1), (2) and (3) thereof and substituting therefor the following:
260(1)Any peace officer is authorized to require the driver of a vehicle to stop and submit to a massing of the same by means of either portable or stationary scales, or to require that the vehicle be driven to and massed at the nearest public scales in the event such scales are within fifteen kilometres.
260(2)When so directed by a traffic control device or sign on a highway, the driver of any vehicle specified on the device or sign, shall drive the vehicle to a massing station or scales, adjacent to or on the highway and indicated on the device or sign for the purpose of, and submit to, having an axle or axles massed, having tires measured, or having the load on the vehicle or combination of vehicles inspected for any purpose under this Part.
260(3)Whenever a peace officer upon massing a vehicle and load as provided in this section determines that the mass is unlawful, such officer may require the driver of the vehicle to drive the vehicle to and stop it at a location designated by the peace officer and to leave the vehicle standing at such location until such portion of the load is removed as may be necessary to reduce the gross mass of the vehicle to such limit as is permitted under this Act or the regulations, and all material so unloaded shall be cared for by the owner or driver of such vehicle at the risk of such owner or driver.
1979, c.43, s.9
1979, c.43, s.9
(ccc.1)by repealing subsection 261(1) thereof and substituting therefor the following:
261(1)The Minister with respect to Provincial highways and local authorities with respect to highways under their jurisdiction may in their discretion upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or gross mass exceeding the maximum specified in this Act or the regulations or otherwise not in conformity with this Act upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which such party is responsible.
1979, c.43, s.9
1979, c.43, s.9
(ccc.2)by repealing subsection 262(3) thereof and substituting therefor the following:
262(3)Where a local authority imposes restrictions as to the mass of vehicles to be operated on a provincial highway within its limits, the mass permitted shall not be less than the mass permitted on the provincial highway outside its limits by the Minister under the authority of the Highway Act.
1979, c.43, s.9
1979, c.43, s.9
(ccc.3)by repealing subsection 263(1) thereof and substituting therefor the following:
263(1)Any person driving any vehicle, object, or contrivance upon any highway or highway structure is liable for all damage that the highway or structure may sustain as a result of any illegal operation, driving, or moving of that vehicle, object, or contrivance, or as a result of operating, driving or moving any vehicle, object or contrivance massing in excess of the maximum mass allowable under the regulations but authorized by a special permit issued as provided in this Act.
1979, c.43, s.9
1979, c.43, s.9
(ccc.4)by repealing paragraph 270(1)(a) thereof and substituting therefor the following:
(a) the equipment, mass, size or loading of the vehicle unless he establishes that the offence was committed without his knowlege and consent and by a person over whom he had no authority or control;
1979, c.43, s.9
(ddd)by repealing paragraphs 297(2)(f) and (g) thereof and substituting therefor the following:
(f) upon conviction of an offence, under subsection 140(1), for speeding twenty-five kilometres per hour or less over the speed limit, 3 points;
(g) upon conviction of an offence, under subsection 140(1), for speeding more than twenty-five kilometres per hour over the speed limit, 5 points;
(ddd.1)by repealing that portion of subsection 359(1) thereof that immediately precedes paragraph (a) and substituting therefor the following:
359(1)Every person who operates a vehicle with a gross mass in excess of that for which the vehicle is registered, or allowable for that vehicle as prescribed by regulation, or a mass per axle or combination of axles in excess of that prescribed by regulation is guilty of an offence and liable
1979, c.43, s.10
1979, c.43, s.10
(eee)by repealing subsections 359(2) and (3) thereof and substituting therefor the following:
359(2)Every person who operates a vehicle with a gross mass in excess of that for which the vehicle is registered, or allowable for that vehicle as prescribed by regulation, shall in addition to any fine prescribed by subsection (1), be ordered to pay a further penalty calculated on such excess mass as follows:
(a) one dollar for each fifty kilograms or fraction thereof of the first twenty-five hundred kilograms on such excess mass,
(b) two dollars for each fifty kilograms or fraction thereof of such excess mass from twenty-five hundred kilograms up to and including forty-five hundred kilograms,
(c) three dollars for each fifty kilograms or fraction thereof of such excess mass from forty-five hundred kilograms up to and including seven thousand kilograms,
(d) four dollars for each fifty kilograms or fraction thereof of such excess mass from seven thousand kilograms up to and including nine thousand kilograms, and
(e) five dollars for each fifty kilograms or fraction thereof of such excess mass over nine thousand kilograms;
and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.
359(3)Every person who operates a vehicle with a mass per axle or combination of axles in excess of that prescribed by regulation shall, in addition to any fine prescribed by subsection (1), be ordered to pay a further penalty calculated on such excess mass as follows:
(a) one dollar for each fifty kilograms or fraction thereof of the first twenty-five hundred kilograms on such excess mass,
(b) two dollars for each fifty kilograms or fraction thereof of such excess mass from twenty-five hundred kilograms up to and including forty-five hundred kilograms,
(c) three dollars for each fifty kilograms or fraction thereof of such excess mass from forty-five hundred kilograms up to and including seven thousand kilograms,
(d) four dollars for each fifty kilograms or fraction thereof of such excess mass from seven thousand kilograms up to and including nine thousand kilograms, and
(e) five dollars for each fifty kilograms or fraction thereof of such excess mass over nine thousand kilograms;
and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act.
1978, c.38, s.6; 1979, c.43, s.1-11
Municipal Assistance Act
18The Municipal Assistance Act, chapter M-19 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “municipal assessment per road mile” where it appears in section 1 thereof and substituting therefor the following definition:
“municipal assessment per road kilometre” means the quotient resulting from dividing the municipal assessment base of a municipality by the road kilometres of the municipality;(évaluation municipale par kilomètre de chemin)
(b)by repealing the definition “overall assessment per road mile” where it appears in section 1 thereof and substituting therefor the following definition:
“overall assessment per road kilometre” means the quotient resulting from dividing the total of the municipal assessment bases of all municipalities by the total road kilometres of all municipalities;(évaluation globale par kilomètre de chemin)
(c)by repealing paragraph (b) of the definition “partially-adjusted municipal grant base” where it appears in section 1 thereof and substituting therefor the following:
(b) multiplying the initial municipal grant base by the quotient resulting from dividing the overall assessment per road kilometre by the municipal assessment per road kilometre, and
(d)by repealing the definition “road mileage” where it appears in section 1 thereof and substituting therefor the following definition:
“road kilometres” means the sum of(nombre de kilomètres de chemin)
(a) one-half the kilometres of those highways located within the territorial limits of the municipality that have been designated by the Minister of Transportation under section 15 of the Highway Act and classified by him under section 14 of that Act, and
(b) the total kilometres of other municipal roads and streets;
Municipalities Act
19The Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended
(a)by repealing that portion of subsection 12(1) thereof that immediately precedes paragraph (a) and substituting therefor the following:
12(1)Subject to subsection (1.1), no by-law under this Act is valid until it is
(b)by adding immediately after subsection 12(1) thereof the following subsection:
12(1.1)Notwithstanding subsection (1), where any by-law is a revision of a by-law resulting from the conversion of the expression of measurement contained in that by-law from the Canadian system of units to that of the International System of Units, that by-law is valid if it is
(a) read three times by title;
(b) presented in printed form in its entirety in council or in committee of the whole council and filed with the clerk for a period of not less than thirty days subsequent to second reading by title;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or, in his absence, the presiding officer of the council who presided at the meeting at which it was enacted;
(e) stated thereon that it is enacted by the council of the municipality; and
(f) approved by the Minister as conforming with the requirements of this subsection.
(c)by repealing the definition “foot frontage” where it appears in section 118 thereof and substituting therefor the following definition:
“metre frontage” means the lineal measurement in metres of a frontage;(mètre de façade)
(d)by repealing subsections 127(1), (4) and (7) thereof and substituting therefor the following:
127(1)Except as otherwise provided in this part or in any general by-law, the entire cost of a work undertaken as a local improvement shall be specially assessed upon the abutting parcels according to the extent of their respective metre frontages, by an equal special rate per metre frontage sufficient to defray such cost.
127(4)If any lot or parcel of land that has not been assessed by way of special frontage assessment for any part of the cost of a domestic sewer system or sewer main is connected therewith, the council may by resolution order that such lot or parcel of land shall be assessed by a special frontage assessment at the same rate per metre frontage as was assessed against the lands actually abutting on the street or place on which a domestic sewer system was constructed, and the clerk shall add to the local improvement assessment roll for the work, the name of the owner of each parcel of land when connected with the sewer main and the provisions of section 135 apply mutatis mutandis.
127(7)If a lot or parcel of land that has not been assessed by way of special frontage assessment for any part of the cost of a water main is connected therewith the council may by resolution order that such land or parcel of land shall be assessed by a special frontage assessment at the same rate per metre frontage as was assessed against other lands actually abutting on the street or place on which the water main was constructed, and the clerk shall add to the local improvement assessment roll for the work, the name of the owner of each parcel of land when connected with the water main and the provisions of section 135 apply mutatis mutandis.
(e)by repealing subsection 130(1) thereof and substituting therefor the following:
130(1)Except as herein otherwise provided, every abutting parcel shall be assessed according to its actual metre frontage.
(f)by repealing sections 131 and 132 thereof and substituting therefor the following:
131The total metre frontage of the abutting parcels to be assessed shall be determined by adding the reduced metre frontage of abutting parcels as determined pursuant to section 130, to the actual metre frontage of every other abutting parcel.
132The rate of a special frontage assessment shall be determined by dividing the owners’ portion of the cost of the work, expressed in dollars, by the total metre frontage of the abutting parcels to be assessed, as determined by section 131.
(g)by repealing paragraphs 135(1)(c), (e) and (f) thereof and substituting therefor the following:
(c) the owners’ portion of the cost expressed in dollars or as a percentage of total cost or the uniform unit rate per metre frontage, to be specially assessed;
(e) the total metre frontages of the abutting parcels to be assessed;
(f) the net metre frontage of each abutting parcel to be assessed against such owner.
(h)by repealing subsections 136(1), (2) and (3) thereof and substituting therefor the following:
136(1)Any person to whom a notice of a special frontage assessment has been delivered may within twenty days after delivery thereof apply by petition to the clerk for the revision of the local improvement assessment roll in the following matters:
(a) the names of the owners of abutting parcels;
(b) the total metre frontage of abutting parcels; and
(c) the metre frontage of any abutting parcel.
136(2)The clerk shall consider such petition and if he finds any error in respect of the matters referred to in subsection (1) or that a reduction in metre frontage should be made under section 130 he shall cause to be made such alterations or amendments in the roll as shall appear proper but the net metre frontage of any abutting parcel shall not be altered on the roll until notice of such intended alteration is first given to the owner of such abutting parcel.
136(3)The clerk shall deliver notice of his decision to the applicant and to the owner of any abutting parcel whose metre frontage is affected by an alteration or amendment.
(i)by repealing subsection 137(1) thereof and substituting therefor the following:
137(1)Any person who has applied to the clerk for revision and every owner of an abutting parcel, the metre frontage of which has been altered or amended by the clerk may, within fourteen days after delivery of the decision of the clerk, appeal that decision to The Court of Queen’s Bench of New Brunswick.
(j)by repealing subsections 139(1) and (2) thereof and substituting therefor the following:
139(1)A local improvement assessment roll when completed shall, with reference to each abutting parcel to be assessed, contain in separate columns the following particulars:
Column 1 — Assessment account number;
Column 2 — The name and address of the owner and the identity of the abutting parcel to be assessed;
Column 3 — The actual metre frontage;
Column 4 — The metre frontage reduced or exempted;
Column 5 — The net metre frontage;
Column 6 — The rate per metre frontage;
Column 7 — The total assessment;
Column 8 — The amount of each annual instalment.
139(2)When the clerk receives a warrant of assessment he shall determine the rate per metre frontage and compute the total assessment to be levied on each abutting parcel and the amount of each annual instalment and enter such particulars in the local improvement assessment roll in the appropriate columns.
(k)by repealing section 146 thereof and substituting therefor the following:
146When an abutting parcel against which a special frontage assessment is in effect, is divided, the clerk with the written consent of the owners of each parcel, may apportion the balance of the special frontage assessment between such owners according to the metre frontage of the parcels of each respective owner, and thereafter the lien for the balance of the special frontage assessment payable by each owner shall extend only to the parcel of such owner.
1979, c.41, s.81; 1980, c.32, s.23
Municipal Thoroughfare Easements Act
20The Municipal Thoroughfare Easements Act, chapter M-22.1 of the Acts of New Brunswick, 1975, is amended by repealing subsection 2(1) thereof and substituting therefor the following:
2(1)The Lieutenant-Governor in Council, on application by a municipality, may by Order-in-Council vest in that municipality the easement rights to an existing travelled thoroughfare and up to three metres on either or both sides thereof, located in that municipality, for those municipal services as are prescribed in the Order.
Oil and Natural Gas Act
21The Oil and Natural Gas Act, chapter O-2.1 of the Acts of New Brunswick, 1976, is amended
(a)by repealing paragraphs 16(2)(a) and (b) thereof and substituting therefor the following:
(a) carry out testhold drilling to a depth of one hundred fifty metres,
(b) carry out testhole drilling to a depth not exceeding four hundred fifty metres if he has written approval from the Minister, or
(b)by repealing subsections 24(2) and (3) thereof and substituting therefor the following:
24(2)A holder of an on-shore licence to search shall not commence, or allow to be commenced, the drilling of a well on his licence area within a distance of seven kilometres of an existing well drilled on the licence area and which, in the opinion of the Minister, is capable of producing oil or natural gas in commercial quantity until he has applied for an oil and natural gas lease, the location of which is to include the existing well.
24(3)A holder of an off-shore licence to search shall not commence, or allow to be commenced, the drilling of a well on his licence area within a distance of seven kilometres of an existing well drilled on the licence area and which, in the opinion of the Minister, is capable of producing oil or natural gas in commercial quantity, unless and until he receives the approval of the Minister on such terms and conditions as the Minister considers fit.
Parks Act
22Repealed: 2001, c.6, s.5
2001, c.6, s.5
Pipeline Act
23The Pipeline Act, chapter P-8.1 of the Acts of New Brunswick, 1976, is amended
(a)by repealing paragraph (c) of the definition “well” where it appears in section 1 thereof and substituting therefor the following:
(c) used, drilled, or being drilled to a depth in excess of four hundred fifty metres for the purpose of obtaining geological or geophysical information.
(b)by repealing subsections 24(1), (3) and (4) thereof and substituting therefor the following:
24(1)No pipe line shall be constructed on, across, over or under any highway without the approval of the Minister of Transportation and no pipe line shall be constructed across, over, under or within one hundred metres of any stream, river, lake or other body of water without the approval of the Ministers of the Environment and Fisheries.
24(3)The land in which an interest is required for a pipe line parallel to a highway shall not be located nearer than thirty metres to the boundary of the highway without the approval of the Minister of Transportation.
24(4)Where a pipe line crosses a highway, no bend shall be permitted in that portion of the pipe line within the boundaries of the highway or within thirty metres of the boundary of the highway without the approval of the Minister of Transportation.
(c)by repealing subsections 25(2) and (3) thereof and substituting therefor the following:
25(2)The land in which an interest is required for a pipe line parallel to a road shall not be located nearer than thirty metres to the boundary of the road without the approval of the local authority concerned, or, where approval cannot reasonably be obtained therefrom, without the approval of the Board.
25(3)Where a pipe line crosses a road, no bend shall be permitted in that portion of the pipe line within the boundaries of the road or within eight metres of the boundary of the road without the approval of the local authority concerned, or, where approval cannot reasonably be obtained therefrom, without the approval of the Board.
Potato Industry Act
24The Potato Industry Act, chapter P-10 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “producer” where it appears in section 1 thereof and substituting therefor the following definition:
“producer” means a person who grows four thousand square metres or more of potatoes and who does not acquire, sell, consign or transport for sale potatoes other than those grown by himself;(producteur)
(b)by repealing the English version of subsection 3(1) thereof and substituting therefor the following:
3(1)On the application of not less than twenty-five producers in region 1, who shall represent not less than two-thirds of the total area of potatoes grown in region 1, the Minister may establish a New Brunswick Potato Producers Association.
Quarriable Substances Act
24.1The Quarriable Substances Act, chapter Q-1 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “shore area” in section 1 thereof and substituting therefor the following:
“shore area” means that portion of land lying within three hundred metres above and three hundred metres below the ordinary high water mark of any pond, lake, river or body of water and includes any bed, bank, beach, shore, dune, bar, flat or mud flat lying in that portion of land.(zone riveraine)
(b)by repealing section 6 thereof and substituting therefor the following:
6No person shall take or remove or cause to be taken or removed more than one-half cubic metre of a quarriable substance from Crown land or a shore area designated under section 5 except in accordance with this Act.
(c)by repealing section 9 thereof and substituting therefor the following:
9Notwithstanding section 6, the Minister may, in writing, authorize a person, subject to the terms and conditions prescribed by the Minister in his written authorization, to take or remove up to one hundred tonnes of quarriable substance from Crown land or an area designated under section 5.
1978, c.38, s.9
Roosevelt Campobello International Park Act
25Repealed: 2012, c.13, s.3
2012, c.13, s.3
Salvage Dealer’s Licensing Act
26Repealed: 2001, c.6, s.5
2001, c.6, s.5
Theatres, Cinematographs and Amusements Act
27Repealed: 2000, c.28, s.8
2000, c.28, s.8
Tobacco Tax Act
28Repealed: 1978, c.58, s.2
1978, c.58, s.2
Unsightly Premises Act
29The Unsightly Premises Act, chapter U-2 of the Revised Statutes, 1973, is amended
(a)by repealing the definition “premises” where it appears in section 1 thereof and substituting therefor the following definition:
“premises” means lands within one hundred fifty metres of the right-of-way, on either side, of a highway;(lieux)
(b)by repealing section 10.1 thereof and substituting therefor the following:
10.1Notwithstanding section 3, no salvage yard shall be established, maintained, operated or located
(a) within three hundred metres of any public park, public playground, public bathing beach, school, hospital, church or cemetery,
(b) within thirty metres of any highway, or
(c) within sight distance of any highway, unless such yard is entirely screened to ordinary view of those passing upon the highway by
(i) natural objects, or
(ii) a fence at least two metres high, constructed and maintained to a standard acceptable by the Minister.
N. B. PROCLAMATION
Metric Conversion Act, c.M-11.1, 1977
s.1-3..............
1977-08-10
Schedule A:
      s.3..............
1977-08-01
      s.4(1), 19(a), (b)..............
1977-08-24
      s.1, 2, 4(3), (4), 10, 11, 16, 17(f),
          (h)-(j), (u), (hh), (ss), (ccc), (ddd)..............
1977-09-06
      s.18..............
1977-09-06
      s.12..............
1977-09-14
      s.28, Repealed: 1978, c.58..............
1978-04-05
      s.4(2), (5), 19(c)-(k), 20..............
1979-07-01
      s.29..............
1979-07-12
      s.6, 14, 24..............
1979-11-01
      s.0.1, 4.1, 7.1-7.4, 15.1, 15.2, 24.1..............
1980-05-29
      s.17 (except (rr) amending 233(4))..............
1980-07-03
      s.17 (rr) amending 233(4),
           Repealed: 1979, c.43, s.4..............
1980-07-03
      s.9..............
1981-01-29
      s.21, 23..............
1989-01-02
      s.7, Repealed: 1995, c.45, s.24..............
1995-04-13
      s.5, Repealed: 1999, c.N-1.2, s.118..............
1999-04-15
      s.27, Repealed: 2000, c.28, s.8 ..............
2000-06-16
      s.8, 22, 26, Repealed: 2001, c.6, s.5..............
2001-06-01
N.B. Sections 13, 15 and 25 of Schedule A of this Act were repealed by the Statute Repeal Act, 2012, c.13, in force December 31, 2016.
N.B. This Act is consolidated to February 1, 2021.