17

 

Fourth Session, 44th General Assembly

51 Elizabeth II, 2002

BILL 17

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE MUNICIPALITIES ACT, 1999 AND THE URBAN AND RURAL PLANNING ACT, 2000

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE OLIVER LANGDON

Minister of Municipal and Provincial Affairs

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTE

This Bill would amend the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act, the Municipalities Act, 1999 and the Urban and Rural Planning Act, 2000 to allow the cities and towns in the province to issue tickets for certain offences that the minister may establish by regulation. Unpaid tickets could be assessed against property taxes and assessments for property related ticketed offences.

 

A BILL

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE MUNICIPALITIES ACT, 1999 AND THE URBAN AND RURAL PLANNING ACT, 2000

Analysis

CITY OF CORNER BROOK ACT

1. S.280.1 Added
Violation tickets

CITY OF MOUNT PEARL ACT

2. S.280.1 Added
Violation tickets

CITY OF ST. JOHN'S ACT

3. S.403.1 Added
Violation Tickets

MUNICIPALITIES ACT, 1999

4. S.421.1 Added
Violation tickets

URBAN AND RURAL PLANNING ACT, 2000

5. S.39.1 Added
Violation tickets

 

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


CITY OF CORNER BROOK ACT

RSNL1990 cC-15
as amended

1. The City of Corner Brook Act is amended by adding immediately after section 280 the following:

Violation tickets

280.1 (1) The minister may make regulations with respect to the issuance of violation tickets by the council for a contravention of regulations made by the minister or the council under this Act.

(2) A violation ticket issued to a person under regulations made under this section shall state on its face

(a) the time and date of the contravention;

(b) the contravention to which the ticket applies;

(c) the amount of payment that may be made with respect to the contravention;

(d) that payment may be paid out of court to the city for the contravention;

(e) the time by which payment referred to in paragraph (c) is to be made;

(f) that failure to pay within the stated time will result in the amount of the payment being assessed against the property or business to which the contravention applies; and

(g) that an appeal may be made to a Provincial Court judge within 30 days of the issuance of the violation ticket.

(3) Where a violation ticket is issued to a person for a contravention of a regulation to which this section applies, that person shall pay to the city the amount indicated on that ticket as being payable for that contravention, within the time stated for that payment.

(4) Where a payment required to be made under subsection (3) for a contravention is not paid within the required time, that payment amount shall be imposed, levied, collected and recovered from the owner of the property or business to which the contravention relates in the same manner that taxes and assessments are collected under this Act.

(5) The receipt of a violation ticket under this section may be appealed to a Provincial Court judge within 30 days of the issuance of that ticket in the manner that the minister may establish by regulation.

(6) The minister may make regulations

(a) to authorize the council to issue violation tickets;

(b) to establish the regulatory contraventions for which the council may issue a violation ticket;

(c) to establish the payment amounts that may be imposed for a contravention for which a violation ticket may be issued; and

(d) with respect to appeals of tickets issued under this section and regulations made under this section,

and the council shall not issue violation tickets except in accordance with this section and regulations made under this section.

(7) The council may designate an employee or a class of employees who may issue a violation ticket under this section and regulations made under this section.

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16
as amended

2. The City of Mount Pearl Act is amended by adding immediately after section 280 the following:

Violation tickets

280.1 (1) The minister may make regulations with respect to the issuance of violation tickets by the council for a contravention of regulations made by the minister or the council under this Act.

(2) A violation ticket issued to a person under regulations made under this section shall state on its face

(a) the time and date of the contravention;

(b) the contravention to which the ticket applies;

(c) the amount of payment that may be made with respect to the contravention;

(d) that payment may be paid out of court to the city for the contravention;

(e) the time by which payment referred to in paragraph (c) is to be made;

(f) that failure to pay within the stated time will result in the amount of the payment being assessed against the property or business to which the contravention applies; and

(g) that an appeal may be made to a Provincial Court judge within 30 days of the issuance of the violation ticket.

(3) Where a violation ticket is issued to a person for a contravention of a regulation to which this section applies, that person shall pay to the city the amount indicated on that ticket as being payable for that contravention, within the time stated for that payment.

(4) Where a payment required to be made under subsection (3) for a contravention is not paid within the required time, that payment amount shall be imposed, levied, collected and recovered from the owner of the property or business to which the contravention relates in the same manner that taxes and assessments are collected under this Act.

(5) The receipt of a violation ticket under this section may be appealed to a Provincial Court judge within 30 days of the issuance of that ticket in the manner that the minister may establish by regulation.

(6) The minister may make regulations

(a) to authorize the council to issue violation tickets;

(b) to establish the regulatory contraventions for which the council may issue a violation ticket;

(c) to establish the payment amounts that may be imposed for a contravention for which a violation ticket may be issued; and

(d) with respect to appeals of tickets issued under this section and regulations made under this section,

and the council shall not issue violation tickets except in accordance with this section and regulations made under this section.

(7) The council may designate an employee or a class of employees who may issue a violation ticket under this section and regulations made under this section.

CITY OF ST. JOHN'S ACT

RSNL1990 cC-17
as amended

3. The City of St. John's Act is amended by adding immediately after section 403 the following:

Violation Tickets

403.1 (1) The minister may make regulations with respect to the issuance of violation tickets by the council for a contravention of rules and regulations made by the minister or the council under this Act.

(2) A violation ticket issued to a person under regulations made under this section shall state on its face

(a) the time and date of the contravention;

(b) the contravention to which the ticket applies;

(c) the amount of payment that may be made with respect to the contravention;

(d) that payment may be paid out of court to the city for the contravention;

(e) the time by which payment referred to in paragraph (c) is to be made;

(f) that failure to pay within the stated time will result in the amount of the payment being assessed against the property or business to which the contravention applies; and

(g) that an appeal may be made to a Provincial Court judge within 30 days of the issuance of the violation ticket.

(3) Where a violation ticket is issued to a person for a contravention of a regulation to which this section applies, that person shall pay to the city the amount indicated on that ticket as being payable for that contravention, within the time stated for that payment.

(4) Where a payment required to be made under subsection (3) for a contravention is not paid within the required time, that payment amount shall be imposed, levied, collected and recovered from the owner of the property or business to which the contravention relates in the same manner that taxes and assessments are collected under the St. John's Assessment Act.

(5) The receipt of a violation ticket under this section may be appealed to a Provincial Court judge within 30 days of the issuance of that ticket in the manner that the minister may establish by regulation.

(6) The minister may make regulations

(a) to authorize the council to issue violation tickets;

(b) to establish the regulatory contraventions for which the council may issue a violation ticket;

(c) to establish the payment amounts that may be imposed for a contravention for which a violation ticket may be issued; and

(d) with respect to appeals of tickets issued under this section and regulations made under this section,

and the council shall not issue violation tickets except in accordance with this section and regulations made under this section.

(7) The council may designate an employee or a class of employees who may issue a violation ticket under this section and regulations made under this section.

MUNICIPALITIES ACT, 1999

SNL1999 cM-24
as amended

4. The Municipalities Act, 1999 is amended by adding immediately after section 421 the following:

Violation tickets

421.1 (1) The minister may make regulations with respect to the issuance of violation tickets by a council for a contravention of regulations made by the minister or that council under this Act.

(2) A violation ticket issued to a person under regulations made under this section shall state on its face

(a) the time and date of the contravention;

(b) the contravention to which the ticket applies;

(c) the amount of payment that may be made with respect to the contravention;

(d) that payment may be paid out of court to the municipality for the contravention;

(e) the time by which payment referred to in paragraph (c) is to be made;

(f) that failure to pay within the stated time will result in the amount of the payment being assessed against the property or business to which the contravention applies; and

(g) that an appeal may be made to a Provincial Court judge within 30 days of the issuance of the violation ticket.

(3) Where a violation ticket is issued to a person for a contravention of a regulation to which this section applies, that person shall pay to the municipality the amount indicated on that ticket as being payable for that contravention, within the time stated for that payment.

(4) Where a payment required to be made under subsection (3) for a contravention is not paid within the required time, that payment amount shall be imposed, levied, collected and recovered from the owner of the property or business to which the contravention relates in the same manner that taxes and assessments are collected under this Act.

(5) The receipt of a violation ticket under this section may be appealed to a Provincial Court judge within 30 days of the issuance of that ticket in the manner that the minister may establish by regulation.

(6) The minister may make regulations

(a) to designate which councils may issue violation tickets;

(b) to establish the regulatory contraventions for which a council may issue a violation ticket;

(c) to establish the payment amounts that may be imposed for a contravention for which a violation ticket may be issued; and

(d) with respect to appeals of tickets issued under this section and regulations made under this section,

and a council shall not issue violation tickets except in accordance with this section and regulations made under this section.

(7) A council may designate an employee or a class of employees who may issue a violation ticket under this section and regulations made under this section.

URBAN AND RURAL PLANNING ACT, 2000

SNL2000 cU-8

5. The Urban and Rural Planning Act, 2000 is amended by adding immediately after section 39 the following:

Violation tickets

39.1 (1) The minister may make regulations with respect to the issuance of violation tickets by a council for a contravention of regulations made by the minister or that council under this Act.

(2) A violation ticket issued to a person under regulations made under this section shall state on its face

(a) the time and date of the contravention;

(b) the contravention to which the ticket applies;

(c) the amount of payment that may be made with respect to the contravention;

(d) that payment may be paid out of court to the municipality for the contravention;

(e) the time by which payment referred to in paragraph (c) is to be made;

(f) that failure to pay within the stated time will result in the amount of the payment being assessed against the property or business to which the contravention applies; and

(g) that an appeal may be made to a Provincial Court judge within 30 days of the issuance of the violation ticket.

(3) Where a violation ticket is issued to a person for a contravention of a regulation to which this section applies, that person shall pay to the municipality the amount indicated on that ticket as being payable for that contravention, within the time stated for that payment.

(4) Where a payment required to be made under subsection (3) for a contravention is not paid within the required time, that payment amount shall be imposed, levied, collected and recovered from the owner of the property or business to which the contravention relates in the same manner that taxes and assessments are collected under whichever of the City of Corner Brook Act, City of Mount Pearl Act, Municipalities Act, 1999 or St. John's Assessment Act applies to the council that issues the violation ticket.

(5) The receipt of a violation ticket under this section may be appealed to a Provincial Court judge within 30 days of the issuance of that ticket in the manner that the minister may establish by regulation.

(6) The minister may make regulations

(a) to designate the councils that may issue violation tickets;

(b) to establish the regulatory contraventions for which a council may issue a violation ticket;

(c) to establish the payment amounts that may be imposed for a contravention for which a violation ticket may be issued; and

(d) with respect to the appeals of tickets issued under this section and regulations made under this section,

and a council shall not issue violation tickets except in accordance with this section and regulations made under this section.

(7) A council may designate an employee or a class of employees who may issue a violation ticket under this section and regulations made under this section.

 

 

 

 

 

©Earl G. Tucker, Queen's Printer