Summary#
Bill 36, An Act to Amend the Motor Vehicle Act, would amend New Brunswick’s Motor Vehicle Act by adding a rule about who may take affidavits for two existing sections. Its text states no separate policy goal. The supplied text is from first reading, so the bill is not law.
- For the purposes of sections 310.04 and 310.06, peace officers covered by subsection 15(1) of the Police Act, police officers appointed under sections 10, 11 or 17.3 of that Act, and RCMP members would be commissioners for taking affidavits by virtue of their offices.
- The authority would apply only for those two sections. The bill does not give these officers general authority to take affidavits for all purposes.
What it means for you#
- Named police officers and RCMP members: If the bill becomes law, they would have this authority automatically because of their offices, but only for the purposes of sections 310.04 and 310.06.
- People who need affidavits for those sections: A named officer could take the affidavit for those purposes. The supplied material does not explain what situations those sections cover, so the practical effect is unclear.
- General public: The bill does not directly change other affidavit requirements, create a new public service, or change vehicle rules beyond adding this authority.
Money#
No cost information is available in the supplied material.
- The bill does not specify spending, fees, payments, staffing, or cost estimates.
What is unclear#
- The Motor Vehicle Act provisions being referenced and the relevant parts of the Police Act and Commissioners for Taking Affidavits Act were not supplied, so their current requirements and how this change interacts with them could not be verified.
- The bill does not explain what affidavits sections 310.04 and 310.06 involve.
- The bill does not set out training, procedures, or safeguards for officers using this authority. The referenced Commissioners for Taking Affidavits Act may contain relevant rules, but it was not supplied.
- The supplied material gives no start date. It also contains no later bill version or amendment text.
Case for#
- Making the authority attach to named offices could make it clearer which officers may take affidavits for the two specified sections.
- The change could make it easier for people dealing with those sections to have an affidavit taken by a police officer or RCMP member. Whether it would do so in practice depends on details not provided.
- The authority is limited to two sections, rather than being a general change to affidavit-taking powers.
Case against#
- The bill does not explain what the two sections cover, making it hard to judge how many people or situations would be affected.
- The bill itself does not set out procedures or safeguards for using the new authority. The material supplied is not enough to assess whether other laws provide them.
- Because the change applies automatically by virtue of office, the bill does not specify individual approval or qualification requirements for the named officers.