Acts and Regulations

91-50 - General

Full text
Current to 13 December 2023
NEW BRUNSWICK
REGULATION 91-50
under the
Provincial Offences Procedure Act
(O.C. 91-219)
Filed March 26, 1991
Under section 146 of the Provincial Offences Procedure Act, the Lieutenant-Governor in Council, on the recommendation of the Attorney General, makes the following Regulation:
2006, c.16, s.146
1This Regulation may be cited as the General Regulation - Provincial Offences Procedure Act.
2In this Regulation
“Act” means the Provincial Offences Procedure Act.(Loi)
3(1)The following offences are specified to be prescribed offences under section 9 of the Act:
(a) all offences under the Off-Road Vehicle Act other than offences created by by-laws made by a local government under section 37 of that Act;
(i) Repealed: 2020, c.16, s.12
(ii) Repealed: 2020, c.16, s.12
(a.001) an offence under subsection 39(2) of the Aquaculture Act;
(a.002) an offence under paragraph 15(a), (c), (d) or (e) of the General RegulationAquaculture Act;
(a.01) an offence under subsection 4(1) or 13(1) of the Beverage Containers Act;
(a.011) an offence under subsection 4(10) or paragraph 7(1)(a) or (c) of New Brunswick Regulation 99-66 under the Beverage Containers Act;
(a.012) an offence under subsection 6(2), (3) or (4), subsection 7(4), (5), (5.1) or (7), subsection 8(2) or (3), section 11, section 12, subsection 14(1) or (2), section 15, subsection 16(1) or (2), subsection 17(1), (3) or (4), subsection 18(2) or section 20 of the Cannabis Control Act;
(a.013) an offence under subsection 8(3), 21(2) or 22(1) of the Cannabis Retailers Licensing Act;
(a.014) an offence under subsection 10(1), paragraph 10(2)(a), (b), (c), (d) or (e), section 11, paragraph 13(1)(a), (b), (c), (d), (e) or (f), section 14, subsection 15(3) or 18(1) or section 19 or 20 of the General RegulationCannabis Retailers Licensing Act;
(a.02) an offence under subsection 19(1) of New Brunswick Regulation 97-133 under the Clean Air Act;
(a.021) an offence under subsection 15(1) or (6) of New Brunswick Regulation 82-126 under the Clean Environment Act;
(a.03) an offence under subsection 6(3), section 15 or 16, subsection 68(3) or section 190 of New Brunswick Regulation 87-97 under the Clean Environment Act;
(a.031) an offence under paragraph 15(1)(b) or 16(a) of the Clean Water Act;
(a.04) an offence under subsection 6(1) or section 12 or 13 of New Brunswick Regulation 90-79 under the Clean Water Act;
(a.041) an offence under subsection 3(3) of New Brunswick Regulation 93-203 under the Clean Water Act;
(a.05) an offence under paragraph 5(1)(c) of Schedule B of New Brunswick Regulation 2001-83 under the Clean Water Act;
(a.051) an offence under paragraph 71(1)(a), (c), (d), (e), (f) or (g), paragraph 71.5(2)(a) or (b) or paragraph 80(1)(d) of the Crown Lands and Forests Act;
(a.052) an offence under paragraph 24(1)(b) of the Emergency Measures Act;
(a.06) an offence under paragraph 34(2)(a) or (c), paragraph 39(b), subsection 39.1(1), paragraph 40(a), section 41, subsection 42(1), paragraph 43(1)(b) or (d), paragraph 43.1(b), paragraph 43.2(c) or (d), subsection 45(1) or subsection 48(1), paragraph 56(1)(a) or (b), subsection 56(2) or (4), subsection 57(1), 90(2) or 94(3) or section 116 of the Fish and Wildlife Act;
(a.061) an offence under paragraph 3(1)(a) or (b) of New Brunswick Regulation 81-58 under the Fish and Wildlife Act;
(a.07) an offence under subsection 8(1), section 9 or 15, subsection 20(8), (9) or (17), subsection 21(1), section 21.1, subsection 23(1) or 24(3) or paragraph 28.9(c) of New Brunswick Regulation 82-103 under the Fish and Wildlife Act;
(a.071) an offence under subsection 4(4.2), paragraph 4(8)(a) or (b), subsection 4.02(5), (6), (7), (8), (9) or (11) or subsection 4.1(4) of New Brunswick Regulation 84-124 under the Fish and Wildlife Act;
(a.08) an offence under subsection 3(1.1), paragraph 3.1(1)(a), subsection 6(2.2) or 7(1), subsection 14(2), paragraph 15(2)(a.1) or (b), subsection 17(2), paragraph 21.3(1)(b) or 21.3(3)(b) or section 23.1 of New Brunswick Regulation 84-133 under the Fish and Wildlife Act;
(a.081) an offence under subsection 5(1) of New Brunswick Regulation 94-43 under the Fish and Wildlife Act;
(a.09) an offence under section 16, subsection 17(2) or (3), subsection 17.1(1), paragraph 18(1)(b) or 18(3)(b) or subsection 20(2) of New Brunswick Regulation 94-47 under the Fish and Wildlife Act;
(a.091) an offence under subsection 15(3) or (7) of the Forest Fires Act;
(a.092) an offence under section 3.8 or 3.9 of New Brunswick Regulation 84-204 under the Forest Fires Act;
(a.093) an offence under subsection 12.2(1) or 39(1) of the Gasoline and Motive Fuel Tax Act;
(a.1) Repealed: 2008-3
(b) an offence under section 34 or 36 of the Highway Act;
(c) all offences under the Liquor Control Act;
(c.1) an offence under subsection 145(4) of the Local Governance Act, and offences created by by-laws made under paragraph 10(1)(d) or (e) of that Act;
(c.2) an offence under subsection 5(1) or 6(2), section 7 or 8 or paragraph 13(1)(a), (b) or (c) of the Dog Control RegulationLocal Governance Act;
(d) all offences under the Motor Carrier Act;
(e) all offences under the Motor Vehicle Act other than
(i) offences under sections 105.1, 345 and 346 of that Act, and
(ii) offences that are created by by-laws made by a local authority under that Act and that are not approved by the Lieutenant-Governor in Council;
(e.1) an offence under subsection 11(1), section 14 or 15 or subsection 16(1) or (2) of New Brunswick Regulation 85-104 under the Parks Act;
(e.2) an offence under section 12, paragraph 14(a) or (b), subsection 15(1) or section 20 or 21 of the Pesticides Control Act;
(e.3) an offence under section 3, paragraph 11(1)(a), (b), (c), (e) or (h) or section 12 or 28 of New Brunswick Regulation 96-126 under the Pesticides Control Act;
(e.4) an offence under subparagraph 12(a)(x) or (xii), section 16 or subsection 18(2) of the Protected Natural Areas Act;
(e.5) an offence under section 7 of New Brunswick Regulation 2004-57 under the Protected Natural Areas Act;
(e.51) an offence under subsection 52(3) or (3.1) or 64.1(3) of the Public Health Act;
(e.52) Repealed: 2022-7
(e.6) an offence under section 36 of the Quarriable Substances Act;
(e.61) an offence under subsection 3(2) of the Shortline Railways Act;
(e.7) an offence under section 3 of the Smoke-free Places Act;
(e.71) an offence under subsection 2.2(1) or (1.6) of the Tobacco Tax Act;
(f) all offences under the Transportation of Dangerous Goods Act;
(f.1) an offence under subsection 2(1), subsection 3(1) or (2) or subsection 5(1) of the Transportation of Primary Forest Products Act;
(g) an offence under paragraph 3(1)(a), 3(2)(a), 3.1(1)(a) or (b) or paragraph 6(1.1)(a) or (b) of New Brunswick Regulation 2002-37 under the Transportation of Primary Forest Products Act; and
(h) an offence under paragraph 5(1)(c) or (e) or subsection 6(1) of the Trespass Act.
3(2)The following persons are authorized to serve an appearance notice under subsection 5(2) of the Act and a ticket under section 9 of the Act:
(a) in respect of prescribed offences specified in paragraph (1)(b), (d), (e) or (f), peace officers as defined in the Motor Vehicle Act;
(a.1) in respect of prescribed offences specified in paragraph (1)(a), peace officers as defined in the Off-Road Vehicle Act;
(a.11) in respect of prescribed offences specified in paragraph (1)(a.001) or (a.002), inspectors as appointed or designated under section 67 of the Aquaculture Act;
(a.2) in respect of prescribed offences specified in paragraph (1)(a.01) or (a.011), inspectors designated under subsection 20(1) of the Beverage Containers Act;
(a.21) in respect of prescribed offences specified in paragraph (1)(a.012), peace officers as defined in the Cannabis Control Act and inspectors appointed or designated under section 23 of the Cannabis Control Act;
(a.22) in respect of prescribed offences specified in paragraph (1)(a.013) or (a.014), peace officers as defined in the Cannabis Control Act and inspectors appointed or designated under section 37 of the Cannabis Retailers Licensing Act;
(a.3) in respect of a prescribed offence specified in paragraph (1)(a.02), inspectors designated under subsection 23(1) of the Clean Air Act;
(a.4) in respect of prescribed offences specified in paragraph (1)(a.021) or (a.03), inspectors designated under section 23 of the Clean Environment Act;
(a.5) in respect of prescribed offences specified in paragraph (1)(a.031),(a.04), (a.041) or (a.05), inspectors designated under subsection 17(1) of the Clean Water Act;
(a.6) in respect of prescribed offences specified in paragraph (1)(a.051), (a.091), (a.092), (e.4), (e.5) or (e.6), conservation officers appointed under subsection 5.1(1) of the Crown Lands and Forests Act or conservation officers by virtue of their office referred to in subsection 5.1(2) of that Act;
(a.61) in respect of a prescribed offence specified in paragraph (1)(a.052), persons authorized to exercise the powers and duties of a peace officer under an Act, members of the Royal Canadian Mounted Police and police officers as defined in the Police Act;
(a.7) in respect of prescribed offences specified in paragraph (1)(a.06), (a.061), (a.07), (a.071), (a.08), (a.081) or (a.09), conservation officers appointed under subsection 7(1) of the Fish and Wildlife Act or ex officio conservation officers referred to in subsection 7(3) of that Act;
(a.71) in respect of prescribed offences specified in paragraph (1)(a.093) or (e.71), commercial vehicle inspectors designated under section 14 of the Highway Act and peace officers as defined in the Motor Vehicle Act;
(b) in respect of offences under subsections 182(1) and (2), 183(3), 184(1) and (2) and 185(1), (3) and (4) of the Motor Vehicle Act, police constables of the Canadian National Railway Company appointed under section 44 of the Railway Safety Act (Canada);
(c) Repealed: 2008-3
(d) in respect of prescribed offences specified in paragraph (1)(c), peace officers as defined in the Liquor Control Act and commercial vehicle inspectors as defined in the Highway Act;
(d.1) in respect of prescribed offences specified in paragraph (1)(c.1), by-law enforcement officers appointed under section 72 of the Local Governance Act;
(d.2) in respect of prescribed offences specified in paragraph (1)(c.2), dog control officers appointed under section 4 of the Dog Control RegulationLocal Governance Act;
(e) in respect of prescribed offences specified in paragraph (1)(e.1), park wardens appointed under subsection 14(1) of the Parks Act or persons who are park wardens by virtue of their office under subsection 14(2) of that Act;
(f) in respect of prescribed offences specified in paragraph (1)(e.2) or (e.3), inspectors appointed under subsection 24(1) of the Pesticides Control Act;
(f.001) in respect of a prescribed offence specified in paragraph (1)(e.51), peace officers as defined in the Motor Vehicle Act;
(f.01) in respect of a prescribed offence specified in paragraph (1)(e.61), off-road vehicle enforcement officers appointed under section 2.1 of the Off-Road Vehicle Act, members of the Royal Canadian Mounted Police and police officers as defined in the Police Act;
(f.1) in respect of a prescribed offence specified in paragraph (1)(e.7), peace officers as defined in the Motor Vehicle Act and inspectors appointed or designated under section 10 of the Smoke Free Places Act;
(g) in respect of prescribed offences specified in paragraphs (1)(f.1) and (g), peace officers as defined in the Transportation of Primary Forest Products Act; and
(h) in respect of prescribed offences specified in paragraph (1)(h), peace officers as defined in the Trespass Act.
93-130; 2000, c.50, s.11; 2003, c.7, s.40; 2008-3; 2009-45; 2009-88; 2009-142; 2009-165; 2013-36; 2013-63; 2013, c.39, s.18; 2014-51; 2014-149; 2016-14; 2016-46; 2017-25; 2017-33; 2017, c.20, s.146; 2018-38; 2018-90; 2020-27; 2020-40; 2020, c.16, s.12; 2020, c.30, s.7; 2021-37; 2021-56; 2021-58; 2021-68; 2021-70; 2021-75; 2022-2; 2022-7; 2022-8; 2022, c.25, s.22; 2022-32; 2022-37; 2022-41; 2023-31; 2023, c.39, s.3
4The prescribed wording to be used in a ticket and notice of prosecution to describe the offence with which a defendant is charged shall be, for the violation of a provision listed in Schedule A, the corresponding prescribed wording set out in Schedule A.
4.1For the purposes of subsection 16.1(1) of the Act, only persons employed in the Civil Service may be appointed ticket reviewers.
2020-1
4.2(1)For the purposes of section 16.2 of the Act, all offences under the Motor Vehicle Act are specified to be prescribed offences other than
(a) offences under sections 105.1, 345 and 346 of that Act, and
(b) offences that are created by by-laws made by a local authority under that Act and that are not approved by the Lieutenant-Governor in Council.
4.2(2)The following persons are authorized to serve a violation ticket under section 16.2 of the Act:
(a) in respect of prescribed offences specified in subsection (1), peace officers as defined in the Motor Vehicle Act; and
(b) in respect of offences under subsections 182(1) and (2), 183(3), 184(1) and (2) and 185(1), (3) and (4) of the Motor Vehicle Act, police constables of the Canadian National Railway Company appointed under section 44 of the Railway Safety Act (Canada).
2020-1
4.3The prescribed wording to be used in a violation ticket to describe the offence with which a defendant is charged shall be, for the violation of a provision listed in Schedule B, the corresponding prescribed wording set out in Schedule B.
2020-1
4.4For the purposes of section 16.6 of the Act, a violation ticket may be created, completed and signed electronically if it is created, completed and signed in compliance with the following requirements: 
(a) the information that is recorded on the violation ticket is substantially the same as for a violation ticket in prescribed form under section 16.2 of the Act;
(b) the police officer or authorized person signs the violation ticket
(i) using an electronic signature created by an electronic scanner or electronic signature pad, or
(ii) using the police officer’s or authorized person’s name and identification number
(A) that are attached to the data entered or attested by the police officer or authorized person,
(B) that identify the officer or authorized person as the person who created or completed the violation ticket,
(C) that are generated using a unique identifier, code or device, or any combination of these, that is issued in confidence to the police officer or authorized person, and that is reasonably secure against unauthorized use, including by the use of a user name, a password, a code, a personal identification number or a secure card or token; and
(c) the violation ticket is not capable of being altered after a copy of the violation ticket has been printed, but may be encrypted for the purposes of transmission or storage.
2020-1
4.5For the purposes of section 16.7 of the Act, the period prescribed to respond to a violation ticket is 45 days after the date the violation ticket is served.
2020-1
5(1)The statement that may be read to a defendant under subsection 18(1) of the Act is as follows:
You have the right to be tried in English or in French. Which do you choose?
5(2)The statement that may be read to a defendant under subsection 18(3) of the Act is as follows:
You will be tried in English (or French) unless you object. If you object, you will be tried in French (or English). Do you object to being tried in English (or French)?
Votre procès se déroulera en anglais (ou en français) à moins que vous ne vous y objectiez. Si vous vous y objectez, le procès se déroulera en français (ou en anglais). Vous objectez-vous à ce que le procès se déroule en anglais (ou en français)?
6(1)The practice and procedure in connection with the taking of evidence by commissioners under section 38 of the Act shall conform to subsection 38(4) of the Act, except as provided for in subsections (2) to (6).
6(2)A judge may issue a Summons to Witness under subsection 43(1) of the Act to require a person to give evidence before a commissioner under section 38 of the Act, and section 43 of the Act, excluding subsections (1.1) to (1.4), applies with the necessary modifications to the attendance of witnesses at the taking of evidence before a commissioner.
6(3)Evidence taken by means of oral questions and answers before a commissioner under section 38 of the Act shall be transcribed.
6(4)If a witness or counsel objects to a question asked or an answer given during the taking of evidence by a commissioner under section 38 of the Act
(a) the commissioner shall not rule as to whether or not the question is proper or the answer is admissible, as the case may be,
(b) the objection shall be recorded in the transcript of the proceedings,
(c) the proceedings shall continue, and
(d) the issue shall be determined later by the trial judge.
6(5)Notwithstanding subsection (4), a commissioner taking evidence under section 38 of the Act may refuse to allow counsel to put a question to a witness if satisfied that the question is plainly improper and is an abuse of the proceedings.
6(6)Any issue arising in relation to the taking of evidence by a Commissioner under section 38 of the Act shall be dealt with by an order of the trial judge.
2013-63
6.1For the purposes of paragraphs 14(5)(d) and 16.8(3)(d) and subsection 46(1.1) of the Act, the administrative fee is $4.50.
2007-66; 2020-1
7An authorized person for the purposes of subsection 47(1) or section 114 of the Act is a stenographer appointed by the Minister of Justice under the Recording of Evidence Act.
2006, c.16, s.146; 2009-144; 2012, c.39, s.120; 2016, c.37, s.158; 2019, c.2, s.121; 2020, c.25, s.92; 2022, c.28, s.45
8(1)In this section, “minimum wage” means the minimum hourly wage prescribed in subsection 5(1) of the Minimum Wage Regulation - Employment Standards Act.
8(2)A fine-option program under which the outstanding balance of a fine may be discharged by a defendant under section 85 of the Act shall consist of arrangements for the defendant to perform work for a non-profit agency.
8(3)If a defendant performs work under the fine-option program, an amount equal to the minimum wage in effect on the date of the performance shall be credited, for each hour of work performed, toward the outstanding balance of the fine.
8(4)If a defendant performs work for a portion of an hour, the amount credited toward the outstanding balance of the fine for that portion of an hour of work performed shall be prorated accordingly.
8(5)The fine-option program shall be available to a defendant only if
(a) a designated person, as defined in subsection 85(0.1) of the Act, is satisfied that no action to enforce payment of the outstanding balance of the fine will occur while the defendant is in the fine-option program, and
(b) the fine imposed on the defendant, excluding any portion of the fine representing a surcharge imposed under the Victims Services Act, is less than $5,000.
2013-63
9A sheriff shall execute an order for seizure and sale and shall deal with the proceeds of the execution in the manner provided for in subsection 88(2) of the Act, except that
(a) fines of less than two hundred and fifty dollars imposed on defendants who are not corporations shall not be subject to execution under an order for seizure and sale, and
(b) the net proceeds of the execution, or such portion of the net proceeds as is sufficient to discharge the fine to which the execution relates, shall be delivered to the office of the Provincial Court.
(c) Repealed: 2019-37
(d) Repealed: 2019-37
(e) Repealed: 2019-37
2019-37
10(1)The licences that are subject to suspension under section 90 of the Act for default of payment of a fine are all licences held, enjoyed, issued or granted under any Act, except an Act referred to in subsection (2), and the offences in respect of which such a suspension of a licence may be ordered are all offences under the Act under which that licence is held, enjoyed, issued or granted.
10(2)Subsection (1) does not apply to licences held, enjoyed, issued or granted under
(a) the Off-Road Vehicle Act,
(b) the Ambulance Services Act,
(c) the Family Services Act,
(c.1) the Child and Youth Well-Being Act,
(d) the Motor Vehicle Act,
(e) the Parks Act, or
(f) the Vital Statistics Act.
2003, c.7, s.40; 2023, c.36, s.30
11The oath or solemn affirmation taken or made under subsection 103(2) of the Act by a person authorized to act as an interpreter shall be as follows:
I,              , do swear (or solemnly affirm) that I will impartially, and to the best of my skill, knowledge and belief, translate into the English (or French) language the evidence of                , including any document that may be produced during the course of giving that evidence. (In the case where an oath is taken, add “so help me God”.)
12The prescribed offences for the purposes of applying for a search warrant by telephone or other means of telecommunication under paragraph 138(2)(b) of the Act are all offences under
(a) the Crown Lands and Forests Act,
(b) the Fish and Wildlife Act,
(c) the Liquor Control Act, and
(d) the Tobacco Tax Act.
2004-74
SCHEDULE A
PRESCRIBED WORDING THAT MAY BE USED IN A TICKET AND NOTICE OF PROSECUTION TO DESCRIBE THE OFFENCE WITH WHICH A DEFENDANT IS CHARGED
Aquaculture Act
Provision Violated
(by section,
subsection,
paragraph
or clause
number)
Prescribed Wording
39(2)
failing to comply with terms and conditions of licence
General Regulation − Aquaculture Act
Provision
Violated
Prescribed Wording
15(a)
failing to hold required licence, permit or other authorization
15(c)
failing to place and maintain structures and equipment within the boundaries of the site
15(d)
failing to maintain required markings
15(e)
possession of firearm at the site
Beverage Containers Act
Provision
Violated
Prescribed Wording
4(1)
selling a beverage in an unapproved beverage container
13(1)
operating a redemption centre without a licence
14(4)
failing to display operating hours notice
New Brunswick Regulation 99-66 under the
Beverage Containers Act
Provision
Violated
Prescribed Wording
4(10)
failing to display a redemption centre licence
7(1)(a)
redemption centre not kept clean
7(1)(c)
containers not properly stored
Cannabis Control Act
Provision
Violated
Prescribed Wording
6(2)
entering (or attempting to enter) cannabis retail outlet when under 19 years
6(3)
refusing to provide proof of age – cannabis retail outlet
6(4)
failing to leave cannabis retail outlet
7(4)
opening (or permitting the opening) of cannabis (or cannabis accessory) package during transport (or delivery)
7(5)
unlawfully transporting cannabis by taxicab
7(5.1)
unlawfully transporting cannabis by a private passenger vehicle while providing a vehicle-for-hire service
7(7)
refusing to provide proof of age – purchasing (or accepting delivery of) cannabis
8(2)
using false identification
8(3)
lending identification document
11
possessing cannabis when under 19 years  
12
unlawfully storing cannabis
14(1)
unlawfully purchasing (or attempting to purchase) cannabis
14(2)
purchasing (or attempting to purchase) cannabis (or cannabis accessory) when under 19 years
15
unlawful gift (or acceptance of gift) of cannabis
16(1)
unlawful cultivation of (or offer to cultivate) cannabis 
16(2)
cultivation of (or offer to cultivate) cannabis by person under 19 years
17(1)
consuming cannabis – unlawful possession (or prohibited place) 
17(3)
consuming cannabis when under 19 years
17(4)
knowingly permitting consumption of cannabis by person under 19 years
18(2)
unlawful consumption of cannabis in or on vehicle
20
providing cannabis to intoxicated person 
Cannabis Retailers Licensing Act
Provision
Violated
Prescribed Wording
8(3)
failing to display licence
21(2)
selling (or distributing) cannabis (or a cannabis accessory) to a person under 19 years
22(1)
permitting a person under 19 years to have access to cannabis retail outlet
General Regulation
Cannabis Retailers Licensing Act
Provision
Violated
Prescribed Wording
10(1)
purchase for resale (or sale) of unauthorized cannabis in cannabis retail outlet
10(2)(a)
selling cannabis by unrecorded sale (or not in original package)
10(2)(b)
failing to keep cannabis behind sales counter (or in containers) in sales area
10(2)(c)
failing to store (or distribute or transport or deliver) cannabis under conditions that maintain quality
10(2)(d)
unlawfully storing unusable cannabis
10(2)(e)
unlawful sensory display
11
failing to restrict access to areas of cannabis retail outlet
13(1)(a)
selling organic solvent
13(1)(b)
permitting a person other than employee to sell (or distribute) cannabis (or cannabis accessory)
13(1)(c)
permitting a person under 19 years to handle (or sell or distribute) cannabis (or cannabis accessory)
13(1)(d)
offering (or gifting) a sample of cannabis
13(1)(e)
selling unusable cannabis
13(1)(f)
selling cannabis (or cannabis accessory) by dispensing device
14(a)
failing to prepare a package of cannabis (or cannabis accessory) to ensures the security of its contents during transport (or delivery)
15(3)
transporting a remote order of cannabis (or cannabis accessory) for delivery
18(1)
unlawful display of cannabis (or package or label of cannabis)
19
unlawful advertising of cannabis retail outlet
20
failing to display sign or notice
New Brunswick Regulation 97-133 under the
Clean Air Act
Provision
Violated
Prescribed Wording
19(1)
open burning without written permission of Minister
New Brunswick Regulation 82-126 under the
Clean Environment Act
Provision
Violated
Prescribed Wording
15(1)
structure on ice without owner’s name and address
15(6)
structure left on melting ice
New Brunswick Regulation 87-97 under the
Clean Environment Act
Provision
Violated
Prescribed Wording
6(3)
operating storage tank system without a licence
15
failing to display a system licence
16
failing to display operator’s name, business name and nature of business
68(3)
applying waste petroleum product to ground surface
190
using a device to hold open a dispensing nozzle
Clean Water Act
Provision
Violated
Prescribed Wording
15(1)(b)
watercourse (or wetland) alteration without a permit  
16(a)
engaging in well-drilling business without appropriate documentation
New Brunswick Regulation 90-79 under the
Clean Water Act
Provision
Violated
Prescribed Wording
6(1)
failing to obtain a well driller’s permit
12
well-drilling machine not properly marked
13
failing to carry and show well driller’s permit
New Brunswick Regulation 93-203 under the
Clean Water Act
Provision
Violated
Prescribed Wording
3(3)
failing to properly attach a well identifier tag
 
New Brunswick Regulation 2001-83 under the
Clean Water Act
Provision
Violated
Prescribed Wording
5(1)(c) of Schedule B
unauthorized swimming (or operating unauthorized motorized watercraft) in Protected Area A
Crown Lands and Forests Act
Provision
Violated
Prescribed Wording
71(1)(a)
unauthorized occupation (or possession) of Crown Lands
71(1)(c)
construct, place or leave (or cause to be constructed, placed or left or permit the construction, placing or leaving of) any building (or structure or enclosure) on Crown Lands  
71(1)(d)
abandon (or place) or dispose of any vehicle (or vessel or property or thing) on Crown Lands or cause any vehicle (or vessel or property or thing) to be abandoned (or placed) or disposed of on Crown Lands or permit the abandonment (or placing) or disposing of any vehicle (or vessel or property or thing) on Crown Lands  
71(1)(e)
place or dispose of any natural (or man-made) object on Crown Lands or cause to be placed or disposed of any natural (or man-made) object on Crown Lands or permit the placing or disposing of any natural (or man-made) object on Crown Lands
71(1)(f)
performing (or causing to be performed) any dredging (or excavating or filling) on Crown Lands
71(1)(g)
operating (or causing to be operated) any machinery (or equipment) on Crown Lands
71.5(2)(a)
entering (or occupying or using) Crown Lands in contravention of a sign or notice
71.5(2)(b)
damaging (or defacing or removing) a sign or notice
80(1)(d)
preventing passage on a forest or logging road by leaving a vehicle (or any equipment) unattended
Emergency Measures Act
Provision
Violated
Prescribed Wording
24(1)(b)
failure to comply with direction, order or requirement
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
34(2)(a)
hunting wildlife without a licence  
34(2)(c)
angling without a proper licence
39(b)
hunting (or trapping or snaring) wildlife in a prohibited area  
39.1(1)
hunting wildlife on a weekly day of rest  
40(a)
possessing a loaded firearm (or discharging a firearm) in a wildlife refuge (or dump or park)    
41
having a firearm during the open season without a proper licence  
42(1)(a)
having a firearm during the closed season without a permit
42(1)(b)
having a firearm during the night
42(1)(c)
having a firearm on a weekly day of rest
42(1)(d)
transporting a firearm on private land and not acting in accordance with subsections 34(4) and 34(4.1)
43(1)(b)
carrying (or using) a rim-fire firearm for the purpose of hunting moose (or deer or bear)  
43(1)(d)
loaded firearm in (or on) a vehicle
43.1(b)
possessing a crossbow without a mechanical trigger safety device
43.2(c)
hunting moose (or deer or bear) with a bow charged with a non-permitted projectile
43.2(d)
hunting moose (or deer or bear) with a crossbow charged with a non-permitted projectile
45(1)
hunting (or trapping or snaring) wildlife in a wildlife refuge    
48(1)
allowing a dog to run at large in a resort of wildlife
56(1)(a)
failing to properly affix a tag to a moose (or deer or bear)  
56(1)(b)
untagged (or improperly tagged) moose (or deer or bear)
56(2)
failing to properly affix a tag to an Atlantic salmon
56(4)
failing to properly affix a tag to an Atlantic salmon killed by a guide I
57(1)
possession of an Atlantic salmon not properly tagged  
90(2)
taking wildlife during the closed season
94(3)
failing to produce (or carry) a licence or permit  
116
taking (or attempting to take) an Atlantic salmon other than by fly fishing  
New Brunswick Regulation 81-58 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
3(1)(a)
failing to wear a solid hunter orange hat
3(1)(b)
failing to wear a solid hunter orange or a camouflage blaze orange exterior garment above the waist
New Brunswick Regulation 82-103 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
8(1)
angling on special Crown reserve waters without authorization
9
angling on regular Crown reserve waters without authorization
15
angling on daily Crown reserve waters without authorization
20(8)
failing to properly affix a tag to a grilse
20(9)
holder of a licence failing to properly affix a tag to a grilse
20(17)
unlawful possession of a salmon tag
21(1)
angling other than by fly fishing on Crown reserve waters
21.1
possession of terminal tackle (or bait) on California Lake
23(1)
killing (or retaining) more than one trout per day in Peaked Mountain Lakes
24(3)
killing more than 2 grilse
28.9(c)
killing a fish under a live release licence
New Brunswick Regulation 84-124 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
4(4.2)
unlawful possession of a trap (or snare)
4(8)(a)
hunting (or killing) more than the daily limit for rabbits  
4(8)(b)
possession of more than 20 rabbits
4.02(5)
possession of a bobcat tag that has been used (or altered or tampered with)  
4.02(6)
possession of more bobcat tags than permitted  
4.02(7)
possession of a bobcat tag not issued to you  
4.02(8)
using a bobcat tag not issued to you  
4.02(9)
giving another person (or permitting another person to use) your bobcat tag  
4.02(11)
unlawful possession of a bobcat pelt
4.1(4)
failing to properly affix permit number to traps and snares  
New Brunswick Regulation 84-133 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
3(1.1)
hunting (or registering) a deer less than 48 hours after issuance of licence
3.1(1)(a)
hunting antlerless deer without authorization
6(2.2)
non-resident bear hunter unlawfully having a firearm in a WMZ  
7(1)
shooting (or killing or taking or possessing) more grouse than permitted
14(2)
failing to properly affix a tag to a deer
15(2)(a.1)
unlawful use of a deer tag
15(2)(b)
registration of a deer killed by another person
17(2)
transporting a deer without the person who killed it
21.3(1)(b)
failing to accompany a bear carcass for registration
21.3(3)(b)
transporting a bear without the person who killed it
23.1
hunting with a bow (or a crossbow) while not being in possession of a valid hunting licence
New Brunswick Regulation 94-43 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
5(1)
unlawful possession of a firearm in a wildlife refuge
New Brunswick Regulation 94-47 under the
Fish and Wildlife Act
Provision
Violated
Prescribed Wording
16
possession of more than one firearm during moose season
17(2)
resident failing to properly affix a tag to a moose
17(3)
non-resident failing to properly affix a tag to a moose
17.1(1)
failing, while hunting, to remain within visual (or auditory) contact of the resident (or the designated resident) moose licence holder
18(1)(b)
resident failing to accompany a moose carcass
18(3)(b)
non-resident failing to accompany a moose carcass
20(2)
moose hunter unlawfully having a firearm in a WMZ
Forest Fires Act
Provision
Violated
Prescribed Wording
15(3)
industrial operation without a permit
15(7)
not having the required fire fighting equipment
New Brunswick Regulation 84-204 under the
Forest Fires Act
Provision
Violated
Prescribed Wording
3.8
fire started (or ignited or tended or fuelled or made use of or caused to be started or caused to be ignited) on a non-burn day
3.9
fire started (or ignited or tended or fuelled or made use of or caused to be started or caused to be ignited) on a restricted burn day
Highway Act
Provision
Violated
Prescribed Wording
34(3)
motor vehicle on closed highway
36(5)
exceeding weight restriction
Liquor Control Act
Provision
Violated
Prescribed Wording
132
unlawfully selling liquor
133
unlawful possession of liquor
136(2)
being intoxicated in licensed premises
137(1)
providing liquor to person under 19 years
137(4)
possessing (or consuming or obtaining) liquor when under 19 years  
Dog Control Regulation − Local Governance Act
Provision
Violated
Prescribed Wording
5(1)
failing to register a dog
6(2)
failing to attach and keep attached a registration tag to the collar of a dog
7
failing to ensure a dog wears a collar
8
failing to cause a dog to be vaccinated against rabies
13(1)(a)
allowing a dog at large
13(1)(b)
allowing a dog to chase or run after pedestrians or motor vehicles
13(1)(c)
allowing a dog to bark incessantly
Motor Vehicle Act
Provision
Violated
Prescribed Wording
17(1)(a)
vehicle not registered
17(1)(b)
registration expired
17(1)(c)
registration revoked or suspended
17.1(2)
vehicle not insured
28(1)
not carrying registration certificate
28(1.1)
not carrying evidence of insurance
36(1)
failing to notify Registrar of change of address
41
failing to apply for transfer of registration
68(b)
no current registration plate and sticker
70(d)
displaying fictitious registration plate
78(1)
driving without valid licence
78(2)
driving motorcycle without valid licence
84(4)
unsupervised learner driver
92(1)
failure to produce licence
96
failing to notify Registrar of change on licence
105
failing to stop for peace officer
105.01(2)
failing to produce information and documents
109
making unnecessary noise with tires
117(1)
disobeying traffic control device
117(3)
driving off roadway to avoid traffic control device
119(1)
disobeying traffic control signal
125
leaving scene of accident resulting in injury or death
126
leaving scene of accident resulting in damage to vehicle
128
failing to give notice of collision with unattended vehicle
129
failing to give notice of damage to property
130(1)
failing to report accident
140(1.1)(a)
speeding
140(1.1)(b)
speeding by over 25 km/hr
140(2)
driving too fast in the circumstances
149(1)
passing unlawfully
150
passing unlawfully on right
151
passing when unsafe to do so
154(2)
unlawfully driving on left of or over solid line
156(a)
leaving lane unsafely
156(b)
changing lanes without signalling
157(1)
following too closely
162(3)
turning improperly
165(1)
failing to yield to vehicle in intersection
165(2)
failing to yield to vehicle on right
166
failing to yield to oncoming vehicle when turning left
167
failing to yield when entering (or leaving) highway
170(1)
failing to yield to pedestrian in cross walk
186(3)
failing to stop at stop sign
188(1)
failing to stop for school bus with flashing red lights
193(1)
unlawfully stopping, standing or parking a vehicle
195(1)
unlawfully leaving vehicle unattended
198
backing vehicle unlawfully
200(1)
overcrowded (or overloaded) vehicle
200.1(2)
driving vehicle without proper seat belts
200.1(3)
not wearing seat belt  
200.1(4)
not wearing seat belt  
200.1(6)
carrying passenger under 16 years without proper restraint
203(2)
littering a highway
206(1)(a)
unsafe vehicle  
206(1)(b)
vehicle without proper lights  
206(1)(d)
vehicle without proper brakes
206(1)(e)
vehicle not equipped as required
207
vehicle not properly lit  
229
failing to wear lawful helmet
230(1)
substandard tires
235
driving vehicle without proper exhaust system
238(1)
operating vehicle while view obstructed
241(3)
operating vehicle with unlawful tires
250(1)(a)
failing to submit to spot inspection
250(1)(b)
disobeying order for repair, inspection or testing  
250(1)(c)
no current inspection certificate  
250(2)
operating vehicle unlawfully after order
251(1)
unlawfully oversize, loaded or coupled vehicle
256(1)
carrying harmful material improperly
256(2)
shipping harmful material improperly
256(3)
failing to fasten load securely  
260(2)
breach of demand or direction respecting massing
260(4)
disobeying peace officer’s signal or direction  
260(4.1)
evading massing, measurement or inspection
261(4)
violating (or not carrying) special permit
265.02
using hand-operated electronic device
265.04(1)
display screen visible to driver
359
operating vehicle that exceeds axle (or gross allowable or gross registered) mass limit  
Off-Road Vehicle Act
Provision
Violated
Prescribed Wording
3(1)(a)
no valid registration
3(1)(b)
failing to properly display plate or decal
3(1)(c)
uninsured snowmobile
3(1)(d)
uninsured ATV
7.1(1)(a)
decal not properly attached and displayed
7.1(1)(b)
permit not properly attached  
7.1(3)
operating an unauthorized vehicle on a snowmobile trail
7.3(3)
tearing down (or removing or damaging or covering or defacing or altering) a sign posted on a snowmobile trail
7.3(4)
operating a snowmobile in contravention of a sign
7.9(3)
tearing down (or removing or damaging or covering or defacing or altering) a sign posted on an ATV trail
7.9(4)
operating ATV in contravention of a sign
16
operating ORV within 7.5 m of highway
21
driving (or being an occupant of) ORV without lawful helmet  
24(2), [24(1)(a)]
failing to stop
24(2), [24(1)(b)]
failing to give name and address  
24(2), [24(1)(c)]
failing to produce proof of registration
24(2), [24(1)(c.1)]
failing to produce proof of safety training
24(2), [24(1)(c.2)]
failing to produce proof of age  
24(2), [24(1)(d)]
failing to make equipment or device available for inspection  
24(2), [24(1)(e)]
failing to produce an insurance card
24(2), [24(1)(f)]
failing to show permit
New Brunswick Regulation 85-104 under the
Parks Act
Provision
Violated
Prescribed Wording
11(1)
operating an unauthorized vehicle in a provincial park
14
hunting (or trapping or taking or snaring or injuring or destroying) any animal (or bird) in a provincial park
15
fishing in Sugarloaf Provincial Park
16(1)
possessing a loaded firearm (or discharging a firearm) in a provincial park
16(2)
unlawful possession of a firearm in a provincial park
Pesticides Control Act
Provision
Violated
Prescribed Wording
12
selling (or offering for sale or supplying) a pesticide without a vendor’s licence
14(a)
applying pesticide without a certificate
14(b)
applying pesticide without a permit
15(1)
unapproved (or improper) use of a pesticide
20
disposing of a pesticide (or a mixture containing a pesticide) contrary to the regulations  
21
disposing of a pesticide container contrary to the regulations  
New Brunswick Regulation 96-126 under the
Pesticides Control Act
Provision
Violated
Prescribed Wording
3
licensed vendor owning (or operating or using) pesticide storage area without authorization  
11(1)(a)
pesticide storage area does not meets all requirements  
11(1)(b)
pesticide storage area without an impermeable floor  
11(1)(c)
failing to restrict access to a pesticide storage area
11(1)(e)
failing to have proper signage posted
11(1)(h)
failing to comply with terms and conditions imposed by the Director
12
storing (or handling) a pesticide contrary to label instructions  
28
improper disposal of a pesticide (or a mixture containing a pesticide)  
Protected Natural Areas Act
Provision
Violated
Prescribed Wording
12(a)(x)
camping (or occupying land) in a Class II PNA  
12(a)(xii)
unauthorized vehicle in a Class II PNA
16
failing to produce a permit
18(2)
entering a PNA during closed times
New Brunswick Regulation 2004-57 under the
Protected Natural Areas Act
Provision
Violated
Prescribed Wording
7
introducing flora into a Class II PNA
Public Health Act
Provision
Violated
Prescribed Wording
52(3)
failing to comply with order
52(3.1)
failing to comply with order
64.1(3)
failing to disclose personal information or personal health information
Quarriable Substances Act
Provision
Violated
Prescribed Wording
36
unauthorized production for a quarriable substance  
Shortline Railways Act
Provision
Violated
Prescribed Wording
3(2)
entering without lawful authority on land on which a shortline railway is situated
Smoke-free Places Act
Provision
Violated
Prescribed Wording
3(a)
smoking – enclosed public
place
3(b)
smoking – indoor workplace
3(c)
smoking ˂ 3 m of the perimeter of outdoor eating or drinking area
3(d)
smoking ˂ 9 m of door, air intake, window of enclosed public place / indoor workplace
3(e)
smoking – provincial park
3(f)
smoking – group living facility
3(g)
smoking – public vehicle
3(h)
smoking – in vehicle while another person in the vehicle is under 16 years of age
3(i)
smoking – vehicle used in the course of employment, carrying 2+ employees
3(j)
smoking – school grounds
3(j.1)
smoking – regional health authority grounds
3(k)
smoking – outdoor public place with playground equipment / outdoor public sports area /
˂ 20 m of perimeter (para. 3(k))
3(l)
smoking – trail – outdoor public place or ˂ 9 m of trail
Tobacco Tax Act
Provision
Violated
 
Prescribed Wording
2.2(1)
possession of tobacco in contravention of subsection 2.2(1) of the Tobacco Tax Act
2.2(1.6)
possession of more than one thousand cigarettes (or more than one thousand grams of tobacco) in contravention of subsection 2.2(1.6) of the Tobacco Tax Act
Transportation of Primary Forest Products Act
Provision
Violated
Prescribed Wording
2(1)
failing to possess an accurately completed transportation certificate
3(1)
failing to produce required documentation
3(2)
failing to deliver an accurately completed transportation certificate
5(1)
accepting delivery of primary forest products without receiving an accurately completed transportation certificate
New Brunswick Regulation 2002-37 under the
Transportation of Primary Forest Products Act
Provision
Violated
Prescribed Wording
3(1)(a)
possessing an inaccurately completed transportation certificate: unladen mass 2 500 kg or greater
3(2)(a)
possessing an inaccurately completed transportation certificate: unladen mass less than 2 500 kg
3.1(1)(a)
failing to keep the transportation certificate in paper form in the document holder on the exterior of vehicle
3.1(1)(b)
failing to keep the transportation certificate in electronic form in locked format on a hand-operated electronic device on the inside of vehicle
6(1.1)(a)
failing to remit a completed book of transportation certificates within the required time
6(1.1)(b)
failing to remit an incomplete book of transportation certificates within the required time
Trespass Act
Provision
violated
Prescribed Wording
5(1)(c)
trespassing with a motor vehicle in a watercourse
5(1)(e)
trespassing with a motor vehicle in an ocean shore area
6(1)
trespassing on land belonging to a certain class of land
93-130; 2003, c.7, s.40; 2008-3; 2009-45; 2009-88; 2009-142; 2009-165; 2011-32; 2013-36; 2014-149; 2016-14; 2016-46; 2017-25; 2017-33; 2018-90; 2020-1; 2020-27; 2020-40; 2020, c.16, s.12; 2020, c.30, s.7; 2021-37; 2021-56; 2021-58; 2021-68; 2021-70; 2021-75; 2022-2; 2022-7; 2022-8; 2022, c.25, s.22; 2022-32; 2022-37; 2022-41; 2023-31; 2023, c.39, s.3
SCHEDULE B
PRESCRIBED WORDING THAT MAY BE USED IN A VIOLATION TICKET TO DESCRIBE THE OFFENCE WITH WHICH A DEFENDANT IS CHARGED
Motor Vehicle Act
Provision Violated
Prescribed Wording
17(1)(a)
vehicle not registered
17(1)(b)
registration expired
17(1)(c)
registration revoked or suspended
17.1(2)
vehicle not insured
28(1)
not carrying registration certificate
28(1.1)
not carrying evidence of insurance
36(1)
failing to notify Registrar of change of address
41
failing to apply for transfer of registration
68(b)
no current registration plate and sticker
70(d)
displaying fictitious registration plate
78(1)
driving without valid licence
78(2)
driving motorcycle without valid licence
84(4)
unsupervised learner driver
92(1)
failure to produce licence
96
failing to notify Registrar of change on licence
105
failing to stop for peace officer
105.01(2)
failing to produce information and documents
109
making unnecessary noise with tires
117(1)
disobeying traffic control device
117(3)
driving off roadway to avoid traffic control device
119(1)
disobeying traffic control signal
125
leaving scene of accident resulting in injury or death
126
leaving scene of accident resulting in damage to vehicle
128
failing to give notice of collision with unattended vehicle
129
failing to give notice of damage to property
130(1)
failing to report accident
140(1.1)(a)
speeding
140(1.1)(b)
speeding by over 25 km/hr
140(2)
driving too fast in the circumstances
149(1)
passing unlawfully
150
passing unlawfully on right
151
passing when unsafe to do so
154(2)
unlawfully driving on left of or over solid line
156(a)
leaving lane unsafely
156(b)
 changing lanes without signalling
157(1)
following too closely
162(3)
turning improperly
165(1)
failing to yield to vehicle in intersection
165(2)
failing to yield to vehicle on right
166
failing to yield to oncoming vehicle when turning left
167
failing to yield when entering (or leaving) highway
170(1)
failing to yield to pedestrian in cross walk
186(3)
failing to stop at stop sign
188(1)
failing to stop for school bus with flashing red lights
193(1)
unlawfully stopping, standing or parking a vehicle
195(1)
unlawfully leaving vehicle unattended
198
backing vehicle unlawfully
200(1)
overcrowded (or overloaded) vehicle
200.1(2)
driving vehicle without proper seat belts
200.1(3)
not wearing seat belt
200.1(4)
not wearing seat belt
200.1(6)
carrying passenger under 16 years without proper restraint
203(2)
littering a highway
206(1)(a)
unsafe vehicle
206(1)(b)
vehicle without proper lights
206(1)(d)
vehicle without proper brakes
206(1)(e)
vehicle not equipped as required
207
vehicle not properly lit
229
failing to wear lawful helmet
230(1)
substandard tires
235
driving vehicle without proper exhaust system
238(1)
operating vehicle while view obstructed
241(3)
operating vehicle with unlawful tires
250(1)(a)
failing to submit to spot inspection
250(1)(b)
disobeying order for repair, inspection or testing
250(1)(c)
no current inspection certificate
250(2)
operating vehicle unlawfully after order
251(1)
unlawfully oversize, loaded or coupled vehicle
256(1)
carrying harmful material improperly
256(2)
shipping harmful material improperly
256(3)
failing to fasten load securely
260(2)
breach of demand or direction respecting massing
260(4)
disobeying peace officer’s signal or direction
260(4.1)
evading massing, measurement or inspection  
261(4)
violating (or not carrying) special permit
265.02
using hand-operated electronic device
265.04(1)
display screen visible to driver
359
operating vehicle that exceeds axle (or gross allowable or gross registered) mass limit
2020-1
N.B. This Regulation is consolidated to December 13, 2023.