49
First Session, 47th General Assembly 61 Elizabeth II, 2012
BILL 49
AN ACT TO AMEND THE YOUNG PERSONS OFFENCES ACT
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE DARIN KING Minister of Justice
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Young Persons Offences Act to

· exempt from the provisions of that Act offences which are ticketable offences under the Highway Traffic Act or the Motorized Snow Vehicles and All‑Terrain Vehicles Act and the Provincial Offences Act, and offences relating to the regulation of traffic in the City of St. John's Act, the City of Corner Brook Act, the City of Mount Pearl Act and the Municipalities Act, 1999 and offences in a regulation or by-law regulating traffic of a city, town or municipality incorporated or continued under either of those Acts; and

· provide that convictions by way of tickets issued under the authority of the Provincial Offences Act and convictions by way of a ticket for offences relating to the regulation of traffic in the Acts, regulations or by-laws referred to above before the coming into force of this Bill are valid, that the sentences imposed under them are confirmed, and that the fines paid as a result of those convictions were properly paid.

A BILL

AN ACT TO AMEND THE YOUNG PERSONS
OFFENCES ACT

Analysis

1. S.3.1 Added
Non‑application

2. Saving

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

RSNL1990 cY-1
as amended

1. The Young Persons Offences Act is amended by adding immediately after section 3 the following:

Non‑application

3.1 This Act shall not apply to offences

(a) under the Highway Traffic Act and the Motorized Snow Vehicles and All‑Terrain Vehicles Act, where those offences are commenced by means of a ticket issued under the Provincial Offences Act; or

(b) relating to the regulation of traffic under the City of St. John's Act, the City of Corner Brook Act, the City of Mount Pearl Act or the Municipalities Act, 1999 or a regulation or by-law regulating traffic of a city, town or municipality incorporated or continued under either of those Acts.

Saving

2. (1) Where, before the coming into force of this Act, a young person who was issued a summary offence ticket under the authority of the Provincial Offences Act voluntarily paid the fine or was convicted in default of that offence,

(a) that young person shall be considered to have been properly convicted and that conviction shall not be affected by the coming into force of this Act;

(b) a sentence imposed as a result of that conviction shall be considered to have been properly imposed; and

(c) a fine paid as a result of that ticket or conviction shall be considered to have been properly paid.

(2) No cause of action shall arise from convictions, sentences imposed or fines paid referred to in subsection (1) before the coming into force of this Act.

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