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NEWFOUNDLAND AND LABRADOR
REGULATION 78/99

Provincial Offences Ticket Regulations, 1999
under the

Provincial Offences Act
(O.C. 99-405)

Amended by:

90/00
38/05
51/07
118/07
23/08
2008 cF-11.01 s42
2009 cR-15.01 s122
43/12
2012 cP-7.2 s20
78/12
2012 c44 s19
2013 cF-21.1 s22
17/15
98/15
2016 c32 s19

NEWFOUNDLAND AND LABRADOR
REGULATION 78/99

Provincial Offences Ticket Regulations, 1999
under the

Provincial Offences Act
(O.C. 99-405)

(Filed September 1, 1999)

Under the authority of section 31 of the Provincial Offences Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , August 26, 1999 .

John R. Cummings, Q.C.
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Provincial Offences Ticket Regulations, 1999 .

78/99 s1

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Contravention

        2. For a contravention of

             (a)  a provision of the Highway Traffic Act or a regulation made under that Act;

             (b)  a provision relating to the regulation of traffic, of the City of St. John's Act , the City of Corner Brook Act , the City of Mount Pearl Act or the Municipalities Act or of a regulation or by-law, regulating traffic of a city, town or municipality incorporated or continued under either of those Acts;

         (b.1)  a provision of the regulations referred to in section 3 of the City of Mount Pearl Violation Notice Regulations ;

         (b.2)  a provision of the regulations referred to in section 3 of the City of St. John’s Violation Notice Regulations;

         (b.3)  a provision of the regulations referred to in section 3 of the City of Corner Brook Violation Notice Regulations ;

         (b.4)  a provision of the regulations referred to in section 3 of the Town of Conception Bay South Violation Notice Regulations ;

         (b.5)  a provision of the regulations referred to in section 3 of the Town of Gander Violation Notice Regulations ;

         (b.6)  a provision of the regulations referred to in section 3 of the Town of Grand Falls-Windsor Violation Notice Regulations ;

         (b.7)  a provision of the regulations referred to in section 3 of the Town of Happy Valley-Goose Bay Violation Notice Regulations ;

         (b.8)  a provision of the regulations referred to in section 3 of the Town of Labrador City Violation Notice Regulations ;

         (b.9)  a provision of the regulations referred to in section 3 of the Town of Paradise Violation Notice Regulations ;

             (c)  a provision of section 35 of the Memorial University Act , or a regulation made under that section;

             (d)  a provision of section 35 of the Works, Services and Transportation Act , or a regulation made under that section;

             (e)  a provision of the Dangerous Goods Transportation Act or a regulation made under that Act;

          (e.1)  section 24 of the Fire Protection Services Act ;

             (f)  a provision of the Motorized Snow Vehicles and All-Terrain Vehicles Act or a regulation made under that Act;

             (g)  a provision of the Motor Carrier Act or a regulation made under that Act;

             (h)  subsection 27(5), 77(1) or 80(1) of the Liquor Control Act ;

         (h.1)  a provision of the Personal Services Act or a regulation made under that Act;

              (i)  a provision of the Tobacco and Vapour Products Control Act or a regulation made under that Act;

           (i.1)  a provision of the Food Premises Act or a regulation made under that Act;

              (j)  a provision of the Forestry Act or a regulation made under that Act;

          (j.1)  a provision of the Smoke-free Environment Act or a regulation made under that Act;

             (k)  a provision of the Environmental Protection Act or a regulation made under that Act;

         (k.1)  a provision of the Fish Inspection Act or a Regulation made under that Act as set out in subsection 5(2) of the Fish Inspection Ticket Offences Regulations or the schedule to those regulations;

         (k.2)  subsections 32(3) and (4) of the Revenue Administration Act ;

         (k.3)  a provision of the Animal Health and Protection Act or a regulation made under that Act as set out in the Animal Health and Protection Ticket Offences Regulations or a schedule to those regulations; and

              (l)  one of the following provisions of the Wild Life Regulations

                      (i)  paragraph 6(1)(b),

                     (ii)  subsection 6(2),

                    (iii)  section 18,

                    (iv)  subsections 74(1) and (3),

                     (v)  subsection 75(1),

                    (vi)  section 102,

                   (vii)  subsections 107(1), (2), (3), (4), (5), (7), (19), (20), or

                  (viii)  subsection 111(1),

a complaint may be laid and summons issued by means of a ticket instead of the procedure set out in the Criminal Code for laying an information and for issuing a summons.

78/99 s2; 90/00 s1; 38/05 s1; 51/07 s1; 118/07 s1; 23/08 s1; 2009 cR-15.01 s122; 43/12 s1; 2008 cF-11.01 s42; 2013 cF-21.1 s22; 2012 cP-7.2 s20; 17/15 s1; 2016 c32 s19

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Rep. by 2012 c44 s19

      2.1 [Rep. by 2012 c44 s19]

2012 c44 s19

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Fine

        3. A fine of $100 shall be the minimum penalty for a violation of the Motorized Snow Vehicles and All-Terrain Vehicles Act or a regulation made under that Act, unless that Act or regulation establishes another minimum penalty for that violation.

78/99 s3

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Fine

        4. For a violation of the Wild Life Regulations described in paragraph 2(l)

             (a)  for a first offence, a minimum fine of $75 or in default of payment, imprisonment for 3 days; or

             (b)  for a subsequent offence, a fine of $150 or in default of payment, imprisonment for 6 days.

78/99 s4

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Forms

        5. Forms provided by the department for the purposes of these regulations may be used to commence proceedings under the Provincial Offences Act for the contraventions listed in section 2.

78/99 s5

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Forms modification

        6. The forms referred to in section 5 may be modified to the extent necessary to reflect the fines applicable for a contravention of a given enactment and that modification will not be a material deviation.

78/99 s6

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Ticket completed electronically

      6.1 (1) A ticket may be completed electronically if the data recorded for the ticket meets all of the following criteria:

             (a)  it is substantially the same as the ticket referred to in section 11 of the Act and is capable of being printed in accordance with section 6.3; and

             (b)  it is intelligible and cannot be altered after the ticket has been signed electronically in accordance with section 6.2, other than to elaborate on, compress or encrypt coded data as necessary for transmission to a database used for the purpose of storing electronic ticket data.

             (2)  A requirement in the Act for a person to enter or print information on a ticket is satisfied by provision of the information as part of the automated function of an electronic data system used to complete the ticket electronically.

98/15 s1

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Signing ticket electronically

      6.2 (1) A ticket may be signed electronically by the peace officer who issued the ticket in accordance with this section.

             (2)  A ticket that is signed electronically must contain a unique code, name or number assigned to a peace officer that identifies that peace officer as the originator of the data entered or attested to by him or her.

             (3)  The code, name or number referred to subsection (2) shall be:

             (a)  attached to the data entered or attested to by the peace officer referred to in subsection (2); and

             (b)  reasonably secure against unauthorized use.

             (4)  For the purpose of paragraph (3)(b), a code, name or number is presumed reasonably secure against unauthorized use if it meets one of the following conditions:

             (a)  the physical means of generating it are protected; or

             (b)  the electronic means of generating it are themselves a secure code or are protected by a password issued in confidence to the peace officer referred to in subsection (2).

98/15 s1

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Printing ticket completed electronically

      6.3 (1) A printed copy of a ticket completed and signed electronically in accordance with sections 6.1 and 6.2 may be filed as the original document if it is printed in accordance with these regulations and for the purpose of disposing of a charge under the Act.

             (2)  A ticket that is completed and signed electronically in accordance with these regulations shall be printed in the form required by the minister.

             (3)  A printed copy of a ticket referred to in this section

             (a)  is admissible in evidence as if it were the original;

             (b)  is admissible as proof, in the absence of evidence to the contrary, of the signing of the ticket; and

             (c)  is admissible as proof, in the absence of evidence to the contrary, of the time when the ticket was issued.

98/15 s1

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NR 23/96 Rep.

        7. The Provincial Offences Ticket Regulations , Newfoundland Regulation 23/96, is repealed.

78/99 s7