A A A

First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 33

THE HIGHWAY TRAFFIC AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H60 amended

1           The Highway Traffic Act is amended by this Act.

2(1)        The part of subsection 242(1) before clause (a) is repealed and the following is substituted:

Detention of motor vehicle by peace officer

242(1)      A peace officer who has reason to believe that an offence has been committed by means of, or in relation to, a motor vehicle may detain the vehicle for five clear days, but the vehicle may be released sooner

2(2)        Clauses 242(2)(a) and (b) are amended by adding "or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, a motor vehicle or off-road vehicle" after "this Act".

3           The centred heading before subsection 242.1(1) is repealed and the following is substituted:

SEIZURE AND IMPOUNDMENT OF VEHICLES FOR DRIVING DISQUALIFIED AND ALCOHOL RELATED OFFENCES

4(1)        Subsection 242.1(1) is repealed and the following is substituted:

Definitions

Definitions

242.1(1)    In this section,

"designated person" means a person designated by the Minister of Justice for the purpose of this section; (« personne désignée »)

"motor vehicle" includes an off-road vehicle. (« véhicule automobile »)

Seizure of Vehicles

4(2)        Subsection 242.1(1.1) is amended

(a) by repealing the section heading and substituting "Seizure and impoundment of certain vehicles";

(b) in the part before clause (a) of the English version, by striking out "seize a motor vehicle and impound it and take it into the custody of the law" and substituting "seize a motor vehicle and impound it";

(c) in clause (b),

(i) in the English version, by striking out "his or" and substituting "his or her", and

(ii) by striking out ", contrary to clause 253(b) of the Criminal Code (Canada)"; and

(d) in clause (c), by striking out "contrary to subsection 254(5)" and substituting "under section 254".

4(3)        The following centred heading is added before subsection 242.1(1.2):

Delaying Impoundment

4(4)        Subsections 242.1(1.3) and (1.4) are repealed and the following is substituted:

Later Seizure of Vehicle

Application for order to seize and impound

242.1(1.3)  Where under subsection (1.2) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not impounded at that location, a peace officer may make application to a justice for an order to seize the vehicle and impound it in accordance with this section, with necessary modifications.

Stolen Vehicles

Release of stolen vehicle

242.1(1.4)  If, at any time before a hearing is conducted under this section, a peace officer is satisfied that a motor vehicle seized under subsection (1.1) had been stolen, the officer may, subject to the approval of the designated person, release the vehicle to the owner, or a person authorized by the owner to take possession of it, and subsection (13) (indemnification) applies, with necessary modifications.

4(5)        The following centred heading is added before subsection 242.1(2):

Procedure on Seizure

4(6)        Subsection 242.1(2) is amended

(a) in the part before clause (a) of the English version, by striking out "seized, impounded and taken" and substituting "seized and impounded";

(b) by repealing the part of clause (a) before subclause (i) and substituting the following:

(a) complete a notice of seizure setting out

(c) by striking out "and" at the end of subclause (a)(iii) and by repealing subclause (a)(iv) and substituting the following:

(iv) the place where the vehicle is to be impounded, and

(v) if the vehicle is seized under clause (1.1)(b) (blood alcohol over .08), the result of the analysis of the breath or blood;

(d) in clause (b), by striking out "acknowledgement" and substituting "notice";

(e) in the part of clause (c) before subclause (i), by striking out "acknowledgement" and substituting "notice";

(f) by adding the following after clause (c):

(c.1) without delay, mail a copy of the notice to the designated person;

(g) in clauses (d) and (e), by striking out "acknowledgement" and substituting "notice".

4(7)        Subsection 242.1(3) is repealed and the following is substituted:

Lien for Costs of Storage

Costs relating to impoundment are lien on vehicle

242.1(3)    A motor vehicle that is seized and impounded under this section shall be stored where the peace officer directs, and the following amounts are a lien on the impounded vehicle that may be enforced in the manner provided in The Garage Keepers Act:

(a) costs and charges prescribed by a regulation made under subsection 319(1);

(b) expenditures for searches, registrations and other charges under The Personal Property Security Act that are reasonably necessary for the garage keeper to comply with the requirements of The Garage Keepers Act.

4(8)        The following centred heading is added before subsection 242.1(3.1):

Release on Return of Licence or Permit

4(9)        Subsection 242.1(3.1) is amended

(a) in clause (a), by striking out "and impounded"; and

(b) in clause (b), by striking out "a person designated by the Minister of Justice for the purpose of this provision" and substituting "the designated person".

4(10)       The following centred heading is added before subsection 242.1(4):

Application for Early Release Based on Owner's Reasonable Belief or Knowledge

4(11)       Subsection 242.1(4) is amended in the part before clause (a)

(a) in the English version, by striking out "seized, impounded and taken" and substituting "seized and impounded";

(b) by striking out "30 days" and substituting "the period of impoundment"; and

(c) by striking out "order of impoundment" and substituting "seizure".

4(12)       Subsection 242.1(4.1) is amended

(a) in the part before clause (a), by striking out "and impoundment";

(b) in subclause (a)(ii), by striking out "an acknowledgement" and substituting "a notice"; and

(c) in clause (b),

(i) by striking out "a person designated by the Minister of Justice" and substituting "the designated person", and

(ii) by striking out "and impoundment" wherever it occurs.

4(13)       Subsection 242.1(5) is amended

(a) in the part before clause (a), by striking out "and impoundment"; and

(b) in clause (d), by striking out "order of impoundment" and substituting "seizure".

4(14)       Subsection 242.1(6) is amended

(a) in the part before clause (a), by striking out "and impoundment" wherever it occurs; and

(b) in clause (a), by striking out "order of impoundment" and substituting "seizure".

4(15)       Subsections 242.1(7) to (9) are repealed and the following is substituted:

Release on Expiry of Impoundment Period

Release of vehicle after impoundment period

242.1(7)    Unless otherwise required by this Act, and subject to subsection (9) (lien), a peace officer shall, on the written request of the owner or a person authorized by the owner, direct that the motor vehicle be released to the owner or a person authorized by the owner after the period of impoundment expires.

Periods of Impoundment

First seizure

242.1(7.1)  Subject to subsection (7.1.1) (previous seizure), a motor vehicle seized under this section shall be impounded for the following periods:

(a) when the seizure is under clause (1.1)(a) (driving disqualified), 30 days;

(b) when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is 160 milligrams or less in 100 millilitres of blood, 30 days;

(c) when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is more than 160 milligrams in 100 millilitres of blood, 60 days;

(d) when the seizure is under clause (1.1)(c) (refuse to supply sample), 60 days.

Second or subsequent seizure within five years

242.1(7.1.1) Where a motor vehicle seized under this section is registered in the name of, or owned by, a person who, within the five year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under any provision of this section, the vehicle shall be impounded for the following period:

(a) when the seizure is under clause (1.1)(a) (driving disqualified),

(i) for the second seizure, 90 days, and

(ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second;

(b) subject to subsection (7.1.2), when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is 160 milligrams or less in 100 millilitres of blood,

(i) for a second seizure, 90 days, and

(ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second;

(c) when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is more than 160 milligrams in 100 millilitres of blood,

(i) for a second seizure, 180 days, and

(ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second;

(d) when the seizure is under clause (1.1)(c) (refuse to supply sample),

(i) for a second seizure, 180 days, and

(ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second.

When previous seizure within five years relates to refusal or blood alcohol of more than 0.16

242.1(7.1.2) Where a motor vehicle seized under clause (1.1)(b) (blood alcohol over .08) is registered in the name of, or owned by, a person who, within the five year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under

(a) clause (1.1)(b) and the concentration of alcohol was more than 160 milligrams in 100 millilitres of blood; or

(b) clause (1.1)(c) (refuse to supply sample);

the vehicle shall be impounded for the following period:

(c) for a second seizure, 180 days;

(d) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second.

Notice to be given of period of impoundment

242.1(7.2)  Where a motor vehicle is subject to a period of impoundment under subsection (7.1.1) (second or subsequent seizure) or (7.1.2) (previous seizure for blood alcohol of more than 0.16), the designated person shall as soon as practicable give notice of the period of impoundment by regular mail to

(a) the owner of the vehicle, or the person in whose name it is registered;

(b) the garage keeper who has custody of the vehicle; and

(c) the peace officer who seized the vehicle and impounded it.

Application for Review of Impoundment Period

Justice to consider designated person's report

242.1(7.3)  Subsections (4) and (4.1) (application to justice for release of vehicle) apply, with necessary modifications, to an application by an owner of a motor vehicle who contests the application of subsection (7.1.1) (second or subsequent seizure) or (7.1.2) (previous seizure for blood alcohol of more than 0.16) to the vehicle, and the justice who hears the application shall consider a report from the designated person respecting any motor vehicle seized under this section

(a) while registered in the name of, or owned by, the applicant; and

(b) within five years before the seizure of the vehicle that is the subject of the application.

Removal or Release of Seized Vehicles

No removal of impounded vehicle except as authorized

242.1(8)    No person shall remove or release or permit the removal or release of a motor vehicle that is impounded under this section from the place of impoundment unless one of the following provisions applies to the vehicle:

(a) subsection (1.4) (stolen vehicle);

(b) subsection (3.1) (return of licence or permit);

(c) subsection (5) (direction by justice);

(d) subsection (6) (direction by justice);

(e) subsection (7) (expiry of impoundment period);

(f) subsection (13) (wrongful seizure).

Officer may direct movement of vehicle

242.1(8.1)  A peace officer may direct that an impounded motor vehicle be moved for the purpose of impounding it at another location.

Lien and Disposal of Vehicles

Effect of lien

242.1(9)    A motor vehicle that is subject to a lien under this section shall remain impounded until the amount of the lien is paid or the vehicle is disposed of in accordance with this section and the regulations.

4(16)       Subsection 242.1(10.1) is amended by repealing the part before clause (a) and substituting the following:

Disposal of impounded vehicle by garage keeper

242.1(10.1) Despite subsection (9), a garage keeper who stores a motor vehicle that is impounded under this section may, on the expiry of the period of impoundment and with the approval of the designated person, dispose of it, by sale or otherwise, after delivering the number plates from the vehicle to the designated person and filing with him or her

4(17)       The following centred heading is added before subsection 242.1(11):

General Provisions

4(18)       Subsection 242.1(12) is amended

(a) by striking out "and impounded"; and

(b) by striking out "the motor vehicle was liable to seizure and impoundment" and substituting "of the seizure".

4(19)       Subsection 242.1(13) is amended

(a) in the part before clause (a),

(i) by striking out ", subsections (3) and (4) of this section, and regulations made under subsections (3) and (4)" and substituting "and any other provision in this section", and

(ii) by striking out "and impounded";

(b) in clause (c), by striking out "and impoundment".

4(20)       Subsection 242.1(14) is amended

(a) by striking out "and impoundment"; and

(b) in the English version, by striking out "seize, impound and take the motor vehicle into the custody of the law" and substituting "seize the vehicle and impound it".

4(21)       Subsection 242.1(16) is amended by striking out "A person designated by the Minister of Justice" and substituting "The designated person".

5(1)        The following is added after subsection 264(1.1):

Automatic suspension for failure to stop for peace officer

264(1.1.1)  The licence and the right to have a licence of a person who is convicted of an offence under section 249.1 (flight) of the Criminal Code (Canada) committed by means of a motor vehicle or off-road vehicle are hereby suspended, and the person is hereby disqualified from operating an off-road vehicle,

(a)  in the case of a first conviction, for a period of two years; and

(b) in the case of a second or subsequent conviction, for a period of seven years.

5(2)        Subsection 264(2) is amended

(a) by adding ", (1.1.1)" after "(1.1)" wherever it occurs; and

(b) by adding ", (1.1.1)(b)" after "(1.1)(b)".

6           Subsection 279(1.2) is amended by adding "(1.1.1)," after "264(1),".

Consequential amendment, C.C.S.M. c. O31 amended

7(1)        The Off-Road Vehicles Act is amended by this section.

7(2)        Section 53 is repealed and the following is substituted:

Detention of off-road vehicle

53          A peace officer who has reason to believe that an offence has been committed by means of, or in relation to, an off-road vehicle may detain the vehicle for five clear days, but the vehicle may be released sooner if security for its production is given to the satisfaction of a justice.

7(3)        Clauses 54(1)(a) and (b) are amended by adding "or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, an off-road vehicle" after "this Act".

Coming into force

8           This Act comes into force on a day fixed by proclamation.

Explanatory Note

The main focus of this Bill relates to the seizure and impoundment of vehicles for driving disqualified and alcohol related offences.

The amendments set out the periods of time for which a seized vehicle is to be impounded.  The periods are based on the offence for which the vehicle was seized and on the owner's previous record of offences.

The Bill clarifies provisions relating to the process of seizing and impounding, including liens on seized vehicles, and when seized vehicles may be released.

The Bill adds a provision by which a person's conviction under section 249.1 (flight) of the Criminal Code (Canada) results in the suspension of his or her licence and right to have a licence, and disqualification from operating an off-road vehicle, for a period of two years on a first offence and seven years on a second or subsequent offence.