BILL 50
An Act Respecting the Enforcement of First Nations Laws and the Prosecution of Offences under First Nations Laws
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Corrections Act
1 Section 1 of the Corrections Act, chapter 132 of the Revised Statutes, 2011, is amended in the definition “offence” by striking out “Legislature or of any regulation” and substituting “Legislature, of any First Nation law as defined in the Provincial Offences Procedure Act or of any regulation”.
Custody and Detention of Young Persons Act
2 Section 1 of the Custody and Detention of Young Persons Act, chapter 137 of the Revised Statutes, 2011, is amended in the definition “offence” by striking out “Parliament or by any regulation or by-law made under such Act” and substituting “Parliament, by any regulation or by-law made under an Act of the Legislature or Parliament or by any First Nation law as defined in the Provincial Offences Procedure Act”.
Regulation under the Provincial Court Act
3 Paragraph 3(d) of New Brunswick Regulation 2009-76 under the Provincial Court Act is amended by striking out “or under an Act of the Parliament of Canada” and substituting “, under an Act of the Parliament of Canada or under a First Nation law as defined in the Provincial Offences Procedure Act”.
Provincial Offences Procedure Act
4( 1) Section 1 of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended
(a) in subsection (1)
( i) by repealing the definition “offence” and substituting the following:
“offence” means (infraction)
(a) an offence created by an Act, and
(b) an offence created by a First Nation law;
( ii) by repealing the definition “peace officer” and substituting the following:
“peace officer” means (agent de la paix)
(a) a police officer,
(b) a person who is made a peace officer by an Act and who is acting in the performance of their statutory duties or in relation to an offence or suspected offence under that Act, and
(c) a special constable appointed under the Police Act who
( i) is appointed by a First Nation as an enforcement officer for the purposes of a First Nation law made by the First Nation, and
( ii) is acting in the performance of their duties or in relation to an offence or suspected offence under that First Nation law;
( iii) in the definition “categorized offence” by striking out “an Act” and substituting “an Act or a First Nation law”;
( iv) by adding the following definitions in alphabetical order:
“First Nation” means a band as defined in subsection 2(1) of the Indian Act (Canada); (Première Nation)
“First Nation law” means (texte législatif d’une Première Nation)
(a) a by-law made by a First Nation under the Indian Act (Canada) that provides that this Act applies to the prosecution of offences created by the by-law, and
(b) a First Nation law as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act (Canada) that provides that this Act applies to the prosecution of offences created by the First Nation law;
(b) in subsection (2) by striking out “Subject to any” and substituting “Subject to subsection (3) and to any”;
(c) by adding after subsection (2) the following:
1( 3) For greater certainty, this Act applies to the prosecution of offences created by a First Nation law only if the First Nation law provides that this Act applies to the prosecution of offences created by the First Nation law.
4( 2) Subsection 10(2) of the Act is amended
(a) in the portion preceding paragraph (a) of the English version by striking out “paragraph (1)(b)” and substituting “paragraph (1)(b),”;
(b) in paragraph (c) by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 3) Paragraph 14(5)(b) of the Act is amended by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 4) Subsection 30(2) of the Act is amended by striking out “Notwithstanding any applicable limitation period prescribed by this or any other Act” and substituting “Despite any applicable limitation period prescribed by this Act, any other Act or a First Nation law”.
4( 5) Subsection 46(2) of the Act is amended by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 6) Paragraph 51(c) of the Act is amended
(a) in subparagraph (i) by striking out “the Act” and substituting “the Act or the First Nation law”;
(b) in subparagraph (ii) by striking out “sections 60, 61 and 65” and substituting “sections 60, 61 and 65 and, if the First Nation law that creates the offence does not set out the sentence, the sentence permitted under sections 61 and 65”.
4( 7) Section 52 of the Act is amended
(a) in subsection (1) by striking out “an Act” and substituting “an Act or a First Nation law”;
(b) in subsection (2) by striking out “the other Act” and substituting “the other Act or the First Nation law”;
(c) in subsection (3) by striking out “this or any other Act” and substituting “this Act, any other Act or a First Nation law”.
4( 8) Subsection 55(1) of the Act is amended in the portion preceding paragraph (a) by striking out “this Act or any other Act” wherever it appears and substituting “this Act, any other Act or a First Nation law”.
4( 9) Section 55.1 of the Act is amended
(a) in subsection (1) by striking out “Despite any provision of this Act” and substituting “Subject to subsection (1.1) and despite any other provision of this Act”;
(b) by adding after subsection (1) the following:
55.1( 1.1) A judge who convicts a defendant of an offence created by a First Nation law and imposes a fine on the defendant may not impose a surcharge payable under the Victims Services Act.
4( 10) Section 56 of the Act is amended
(a) in subsection (1) by striking out “an Act” and substituting “an Act or a First Nation law”;
(b) in subsection (2) by striking out “an Act” and substituting “an Act or a First Nation law”;
(c) in subsection (3) by striking out “an Act” and substituting “an Act or a First Nation law”;
(d) in subsection (4) by striking out “an Act” and substituting “an Act or a First Nation law”;
(e) in subsection (5) by striking out “an Act” and substituting “an Act or a First Nation law”;
(f) in subsection (6) by striking out “an Act” and substituting “an Act or a First Nation law”;
(g) in subsection (7) by striking out “an Act” and substituting “an Act or a First Nation law”;
(h) in subsection (8) by striking out “an Act” and substituting “an Act or a First Nation law”;
(i) in subsection (9) by striking out “an Act” and substituting “an Act or a First Nation law”;
(j) in subsection (10) by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 11) Section 61 of the Act is amended by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 12) Section 65 of the Act is amended by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 13) Subsection 70(1)(f) of the Act is amended by striking out “the Act” and substituting “the Act or the First Nation law”.
4( 14) Section 80.1 of the Act is repealed and the following is substituted:
80.1( 1) For the purposes of the provisions of this Act relating to the payment and enforcement of fines with respect to an offence created by an Act, any reference to a fine shall be deemed to be a reference to the combined total of a fine imposed under this Act, any surcharge under the Victims Services Act and any administrative fee under subsection 46(1.1).
80.1( 2) For the purposes of the provisions of this Act relating to the payment and enforcement of fines with respect to an offence created by a First Nation law, any reference to a fine shall be deemed to be a reference to the combined total of a fine imposed under this Act and any administrative fee under subsection 46(1.1).
4( 15) Subsection 85(0.1) of the Act is amended by repealing the definition “designated person” and substituting the following:
“designated person” means (personne désignée)
(a) any person designated by the Minister of Public Safety, or
(b) with respect to an offence created by a First Nation law, any person designated by the First Nation that made the First Nation law or, if no person is designated by the First Nation, the person referred to in paragraph (a).
4( 16) Paragraph 93(2)(b) of the Act is amended by striking out “this Act and the Act that creates the offence, and to the powers of a judge under either Act” and substituting “this Act and the Act or the First Nation law that creates the offence and to the powers of a judge under either Act or the First Nation law”.
4( 17) Section 95 of the Act is amended by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 18) Paragraph 107(b) of the Act is amended by striking out “an Act to describe the offence with which the defendant is charged, states in disjunctive form things which appear in disjunctive form in the Act and that are ejusdem generis” and substituting “an Act or a First Nation law to describe the offence with which the defendant is charged, states in disjunctive form things which appear in disjunctive form in the Act or the First Nation law and that are of the same kind”.
4( 19) Subsection 107.1 of the Act is amended by striking out “an Act is made an offence by separate provisions of that Act” and substituting “an Act or a First Nation law is made an offence by separate provisions of that Act or First Nation law”.
4( 20) Section 115 of the Act is amended
(a) in subsection (1) by striking out “and all fines” and substituting “and, subject to subsection (1.1), all fines”;
(b) by adding after subsection (1) the following:
115( 1.1) All fines received under this Act with respect to an offence created by a First Nation law shall be forwarded to the First Nation that made the First Nation law.
(c) in subsection (2) by striking out “subsections (3), (4) and (5)” and substituting “subsections (3), (3.1), (4) and (5)”;
(d) by adding after subsection (3) the following:
115( 3.1) When payment of a fixed penalty recovered for the breach of a First Nation law is accepted under this Act by the First Nation that made the First Nation law, the First Nation shall retain the fixed penalty.
(e) in subsection (4)
( i) in paragraph (a) by striking out “and” at the end of the paragraph;
( ii) by adding after paragraph (a) the following:
(a.1) in the case of a fixed penalty recovered for the breach of a First Nation law, forward the remainder of the fixed penalty to the First Nation that made the First Nation law, and
4( 21) Subsection 128(4) of the Act is repealed and the following is substituted:
128( 4) If any other Act or a First Nation law requires or permits a defendant to deposit with a judge or elsewhere anything that may be forfeited if the defendant does not appear in court, the judge may take that Act or First Nation law and anything that may be or has been done under that Act or First Nation law into consideration in determining what action to take under this section.
4( 22) Subsection 132(1) of the Act is repealed and the following is substituted:
132( 1) If a defendant does not appear in response to a ticket, violation ticket, appearance notice or undertaking, any sum of money or other satisfactory security deposited with the officer in charge or a peace officer under subsection 124(5) or with a judge under subsection 128(3) is
(a) in the case of an offence created under an Act, forfeited to the Crown in right of the Province and shall be forwarded to the Minister of Finance and Treasury Board, or
(b) in the case of an offence created under a First Nation law, forfeited to the First Nation that made the First Nation law.
4( 23) Subsection 136(2) of the Act is amended
(a) in the portion preceding paragraph (a) by striking “paragraph (b)” and substituting “paragraph (b) or (c)”;
(b) in the portion following paragraph (b) by striking out “an Act” and substituting “an Act or a First Nation law”.
4( 24) Paragraph 137(b) of the Act is amended by striking out “any other Act” and substituting “any other Act or a First Nation law”.
4( 25) Paragraph 141(a) of the Act is amended by striking out “the Act” and “that Act” and substituting “the Act or the First Nation law” and “that Act or that First Nation law”, respectively.
4( 26) Subsection 143(6) of the Act is amended by striking out “forwarded to the Minister of Finance and Treasury Board” and substituting “forwarded, in the case of an offence created by an Act, to the Minister of Finance and Treasury Board or, in the case of an offence created by a First Nation law, to the First Nation that made the First Nation law”.
Regulations under the Provincial Offences Procedure Act
5( 1) Section 3 of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended
(a) in subsection (1) by adding after paragraph (a.052) the following:
(a.053) any offence that is specified to be a prescribed offence under a First Nation law;
(b) in subsection (2) by adding after paragraph (a.61) the following:
(a.62) in respect of prescribed offences specified in paragraph (1)(a.053), police officers and any person appointed by a First Nation as an enforcement officer for the purposes of a First Nation law made by the First Nation, whether or not the person is appointed as a special constable under the Police Act;
5( 2) New Brunswick Regulation 91-57 under the Provincial Offences Procedure Act is amended
(a) by repealing Form 10 and substituting the attached Form 10;
(b) in Form 41 by striking out “Act and section” and substituting “Act or First Nation law and section”;
(c) by repealing Form 42 and substituting the attached Form 42;
(d) in Form 43 by striking out “Specify name of Act and number(s) of section(s)” and substituting “Specify name of Act or First Nation law and number(s) of section(s)”.
Provincial Offences Procedure for Young Persons Act
6 The Provincial Offences Procedure for Young Persons Act, chapter P-22.2 of the Acts of New Brunswick, 1987, is amended
(a) in section 6
( i) in subsection (7) by striking out “or any other Act” and substituting “, any other Act or a First Nation law as defined in the Provincial Offences Procedure Act”;
( ii) in subsection (8) of the French version by striking out “Loi sur la procédure relative aux infractions provinciales” and substituting “Loi sur la procédure applicable aux infractions provinciales”;
(b) in subparagraph 13(1)(c)(iii) by striking out “Act or under a by-law” and substituting “Act, under a First Nation law as defined in the Provincial Offences Procedure Act or under a by-law”.
Victim Services Act
7 Subsection 15(3) of the Victim Services Act, chapter 113 of the Revised Statutes, 2016, is amended by striking out “Legislature” and substituting “Legislature, a violation of a First Nation law as defined in the Provincial Offences Procedure Act”.
Commencement
8 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
Form 10