Dishonoured payments - Section 47.2

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Dishonoured payments - Section 47.2

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Dishonoured payments - 47.2

(1) The Minister may refuse to issue, renew, replace or reinstate a driver’s licence if any payment is dishonoured in respect of,

(a) a permit-related fee or driver’s licence-related fee charged under this Act to the applicant for or holder of the licence;

(b) an administrative fee for handling a dishonoured payment for a fee described in clause (a); or

(c) any interest or penalty imposed in respect of a fee described in clause (a) or (b). 2002, c. 18, Sched. P, s. 16.

Cancellation of licence

(2) The Minister may cancel a driver’s licence if any payment is dishonoured, or was dishonoured before this section comes into force, in respect of a fee, interest or penalty described in subsection (1). 2002, c. 18, Sched. P, s. 16.

Notice

(3) The Minister shall give the holder of the driver’s licence notice, in the prescribed manner, of the proposed cancellation under subsection (2) and, subject to subsection (4), the cancellation shall take effect on the 30th day after the day the notice was given. 2002, c. 18, Sched. P, s. 16.

Minister may require return of licence

(4) If required by the Minister, the holder of a driver’s licence cancelled under this section shall return the licence to the Minister. 2002, c. 18, Sched. P, s. 16.

Payment honoured

(5) If the amount of all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid to the Ministry before the 30th day after the day the notice was given, the cancellation shall not take effect. 2002, c. 18, Sched. P, s. 16.

Reinstatement

(6) Subject to any other requirements for reinstatement, the Minister shall reinstate the driver’s licence when all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid in full. 2002, c. 18, Sched. P, s. 16.

Not entitled to vehicle permit

(7) A person is not entitled to be issued a vehicle permit or to have a vehicle permit renewed, validated, transferred or reinstated while his or her driver’s licence is cancelled under this section. 2002, c. 18, Sched. P, s. 16.

Protection from personal liability

(8) No action or other proceeding shall be instituted against the Registrar or any other official or employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section. 2002, c. 18, Sched. P, s. 16.

Crown not relieved of liability

(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (8) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (8) to which it would otherwise be subject. 2002, c. 18, Sched. P, s. 16.

Regulations

(10) The Lieutenant Governor in Council may make regulations prescribing methods of giving notice and rules respecting notice for the purpose of this section. 2002, c. 18, Sched. P, s. 16.

See: 2002, c. 18, Sched. P, ss. 16, 46 (1).


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