2012 Bill 9

	9


First Session, 47th General Assembly 61 Elizabeth II, 2012
BILL 9
AN ACT TO AMEND 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 KEVIN O'BRIEN Minister of Municipal Affairs
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Municipalities Act, 1999 to authorize the Provincial Court to collect an administrative fee for processing tickets for violations of that Act or a regulation or by-law made under it.

The Bill would also amend the Urban and Rural Planning Act, 2000 to direct the court to forward a fine recovered under that Act to the council to which the fine relates and to authorize the Provincial Court to collect an administrative fee for processing tickets for violations of that Act or a regulation or by-law made under it.

The Bill would make consequential amendments to each of the City of Corner Brook Act, the City of Mount Pearl Act and the City of St. Johns Act to achieve consistency with the proposed amendments.

A BILL

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999 AND THE URBAN AND RURAL PLANNING ACT, 2000

Analysis

MUNICIPALITIES ACT, 1999

1. S.420 Amdt.
Penalty

URBAN AND RURAL PLANNING ACT, 2000

2. S.106.1 Added
Application of fines

3. RSNL1990 cC-15 Amdt.

4. RSNL1990 cC-16 Amdt.

5. RSNL1990 cC-17 Amdt.

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

MUNICIPALITIES ACT, 1999

SNL1999 cM-24
as amended

1. Section 420 of the Municipalities Act, 1999 is amended by adding immediately after subsection (3) the following:

(3.1) Where a fine imposed for a violation of this Act or a regulation or by-law made under it is for a ticketable offence, the council to which it relates shall pay to the province an amount that the Minister of Justice may establish for every ticket processed by the province.

URBAN AND RURAL PLANNING ACT, 2000

SNL2000 cU-8
as amended

2. The Urban and Rural Planning Act, 2000 is amended by adding immediately after section 106 the following:

Application of fines

106.1 (1) A fine recovered under this Act shall be forwarded by the court imposing the fine to the council to which it relates.

(2) Where a fine imposed for a violation of this Act or a regulation or by-law made under it is for a ticketable offence, the council to which it relates shall pay to the province an amount that the Minister of Justice may establish for every ticket processed by the province.

RSNL1990 cC-15 Amdt.

3. Subsection 442(2) of the City of Corner Brook Act is amended by deleting the figure and words "$5 or an amount that the Minister of Justice may order" and substituting the words "an amount that the Minister of Justice may establish".

RSNL1990 cC-16 Amdt.

4. Subsection 442(2) of the City of Mount Pearl Act is amended by deleting the figure and words "$5 or an amount that the Minister of Justice may order" and substituting the words "an amount that the Minister of Justice may establish".

RSNL1990 cC-17 Amdt.

5. Subsection 37(2) of the City of St. Johns Act is amended by deleting the figure and words "$5 or an amount that the Minister of Justice may order" and substituting the words "an amount that the Minister of Justice may establish".