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Second 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 (2)


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           Subsection 1(1) is amended by adding the following definition in alphabetical order:

"common-law partner" of an individual means a person who, not being married to the individual, is cohabiting with him or her in a conjugal relationship and has so cohabited

(a) for a period of at least three years, or

(b) for a period of at least one year and they are together the parents of a child,

and, if the individual is dead, "common-law partner" means a person who, not being married to the individual, cohabited with him or her in a conjugal relationship at the time of death and so cohabited with him or her as set out in clause (a) or (b); (« conjoint de fait »)

3           Subsection 4.12(1) is repealed.

4           Clause 4.19(3)(a) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

5(1)        Clause 225(1.1)(b) is amended by replacing the part after subclause (iii) with "under section 263.1, 264 or 265".

5(2)        Subsection 225(5.2) is amended

(a) by replacing the part of subclause (a)(ii) after paragraph (C) with "under section 263.1, 264 or 265; or"; and

(b) by replacing the part of subclause (b)(ii) after paragraph (C) with "under section 263.1, 264 or 265".

6           Subsection 242.2(1) is amended

(a) by adding "and in section 242.3" after "In this section"; and

(b) by striking out "purpose of this section" and substituting "purposes of those sections".

7           The following is added after section 242.2:

FORFEITURE OF VEHICLES FOR CERTAIN OFFENCES

Definition of "motor vehicle"

242.3(1)    In this section, "motor vehicle" includes an off-road vehicle, but does not include a stolen motor vehicle or stolen off-road vehicle.

Liability of vehicle to forfeiture for single offence

242.3(2)    A motor vehicle by means of which, or in relation to which, an offence under any of the following provisions of the Criminal Code is committed is liable to be forfeited to the government upon the commission of the offence:

(a) section 220 (criminal negligence causing death);

(b) section 221 (criminal negligence causing bodily harm);

(c) section 236 (manslaughter);

(d) subsection 249(3) (dangerous operation causing bodily harm);

(e) subsection 249(4) (dangerous operation causing death);

(f) paragraph 249.1(a) (flight from police causing bodily harm);

(g) paragraph 249.1(b) (flight from police causing death);

(h) subsection 255(2) (impaired driving causing bodily harm);

(i) subsection 255(3) (impaired driving causing death).

Liability of vehicle to forfeiture for third or subsequent offence

242.3(3)    A motor vehicle by means of which, or in relation to which, an offence under any of the following provisions of the Criminal Code is committed is liable to be forfeited to the government upon the commission of the offence if, within five years before committing the offence, the alleged offender has committed two or more offences under the provisions mentioned in this subsection and subsection (2):

(a) subsection 249(2) (dangerous operation);

(b) subsection 249.1(2) (flight from police);

(c) section 252 (fail to stop at accident);

(d) paragraph 253(a) (drive impaired);

(e) paragraph 253(b) (blood alcohol over .08);

(f) subsection 254(5) (refuse to supply sample);

(g) subsection 259(4) (drive disqualified).

Offences must arise out of separate incidents

242.3(4)    All the offences giving rise to liability to forfeiture under subsection (3) must arise out of separate incidents.

Notice of forfeiture to be given to alleged offender

242.3(5)    A peace officer who on reasonable grounds believes that an offence giving rise to liability to forfeiture has been committed shall, whenever it is practicable, give a notice of forfeiture to the alleged offender.

Lack of notice does not affect liability to forfeiture

242.3(6)    If the alleged offender is not given a notice of forfeiture under subsection (5), the motor vehicle's liability to forfeiture is not affected.

Notice to designated person

242.3(7)    After preparing a notice of forfeiture, a peace officer must give a copy of it to the designated person without delay.

Registration of financing statement

242.3(8)    Upon receiving a notice of forfeiture from a peace officer or otherwise being notified that a motor vehicle is liable to forfeiture, the designated person shall register a notice, in the form of a financing statement, under Part 5 of The Personal Property Security Act, that the motor vehicle is liable to forfeiture under this section.

Notice to owner

242.3(9)    After registering a financing statement under subsection (8), the designated person must send the motor vehicle's owner an owner's notice of forfeiture and a copy of the registered financing statement at his or her last known address

(a) as recorded in the registrar's records of motor vehicle registrations; or

(b) as otherwise determined by the designated person.

Effect of forfeiture on transfer or new security interest

242.3(10)   When a financing statement is registered under subsection (8), any transfer of the motor vehicle by the owner afterward, and any security interest in it given by the owner afterward, is void upon forfeiture of the vehicle under subsection (21).

Financing statement to be sent to secured party

242.3(11)   If the motor vehicle is an item of collateral under The Personal Property Security Act, the designated person must, after registering a financing statement under subsection (8), send a copy of it to the secured party at his or her address as set out in his or her registration under that Act in relation to the vehicle.

Application to court by certain owners of vehicles

242.3(12)   If the owner of the motor vehicle is not charged with the offence for which the vehicle is liable to be forfeited, he or she may apply to a justice designated by The Chief Judge of the Provincial Court of Manitoba to hear applications for the release of vehicles from liability to forfeiture under this section by

(a) making application in the form and manner required by the Minister of Justice; and

(b) paying the prescribed fee.

Justice may consider any relevant evidence

242.3(13)   In a hearing conducted under subsection (12), the justice may consider any evidence or information he or she considers relevant.

Determination by justice

242.3(14)   The justice may order that the motor vehicle is no longer liable to be forfeited for the offence if he or she is satisfied that

(a) at the time of the offence, the offender was in possession of it without the knowledge and consent of the owner; or

(b) the owner could not reasonably have known that the vehicle would be operated in the course of committing the offence.

Owner may deposit security to release vehicle from forfeiture

242.3(15)   The owner of the motor vehicle may, before the vehicle is forfeited, apply to the designated person for a release of its liability to forfeiture on deposit of a sum of money, or security for money approved by the Minister of Finance, equal to the vehicle's value or the value of the owner's interest in it, as determined by the designated person in accordance with the regulations.

Certificate of Minister of Finance confirming deposit

242.3(16)   The owner shall deposit the amount determined under subsection (15), or security for it, with the Minister of Finance, who shall issue to the owner a certificate that confirms the amount of the deposit. When the certificate is issued, the motor vehicle is released from liability for forfeiture for the offence.

Security not subject to other claims

242.3(17)   The money or security for money deposited with the Minister of Finance is not subject to any other claim or demand.

Designated person to discharge financing statement

242.3(18)   On receiving an order made under subsection (14) or a certificate issued under subsection (16), the designated person must discharge the financing statement that he or she registered against the motor vehicle.

Release of forfeiture when no person is convicted

242.3(19)   A vehicle is no longer liable to forfeiture for an offence when the charge for the offence is stayed, or the alleged offender is acquitted of the charge, and one of the following events occurs:

(a) the applicable appeal period expires without the Crown having made an appeal;

(b) the Crown abandons the appeal, if any;

(c) the final court of appeal

(i) upholds the stay or acquittal, or substitutes a conviction for another offence for which the motor vehicle is not liable to be forfeited, or

(ii) dismisses the Crown's application for leave to appeal.

Discharge of financing statement etc. when vehicle no longer liable to forfeiture

242.3(20)   When a vehicle is no longer liable to forfeiture, as provided for in subsection (19),

(a) the designated person must discharge the financing statement that he or she registered against the motor vehicle; or

(b) if a sum of money or security for money was deposited in respect of the vehicle under this section, the Minister of Finance must return the sum or security deposited.

Forfeiture of vehicle or deposit on final conviction

242.3(21)   When a person is convicted of an offence for which the motor vehicle is liable to be forfeited under this section and the conviction is final,

(a) if a financing statement was registered against the vehicle under subsection (8) and the vehicle has not been released from liability to forfeiture, the vehicle is forfeited to the government, subject to any security interest registered before the financing statement; or

(b) if the owner has deposited money or security for money under subsection (15), the deposit is forfeited.

Forfeiture for third or subsequent offence

242.3(22)   Despite subsection (21), when an offence giving rise to liability to forfeiture is an offence referred to in any of clauses (3)(a) to (g) and it gives rise to the liability

(a) because it is a third offence, the motor vehicle or deposit is forfeited when the alleged offender is convicted of all three of the offences and the convictions are all final; and

(b) because it is an offence that is subsequent to the third, the motor vehicle or deposit is forfeited when the alleged offender is convicted of the offence giving rise to liability to forfeiture and at least two of the others and the convictions are all final.

When conviction is final

242.3(23)   A conviction is final for the purposes of this section when one of the following events occurs:

(a) the appeal period expires without the convicted person having made an appeal;

(b) the convicted person abandons the appeal;

(c) the final court of appeal

(i) upholds the conviction or substitutes a conviction for another offence for which the motor vehicle was liable to be forfeited, or

(ii) dismisses the convicted person's application for leave to appeal.

Designated person must send the owner a notice to relinquish the vehicle

242.3(24)   When the conviction is final, the designated person must send a notice to relinquish the motor vehicle to the vehicle's owner at his or her last known address

(a) as recorded in the registrar's records of motor vehicle registrations; or

(b) as otherwise determined by the designated person.

Owner must relinquish vehicle within 14 days

242.3(25)   The owner of the motor vehicle shall relinquish the motor vehicle to the Crown at a place of impoundment specified in the notice to relinquish the vehicle, within 14 days after the day on which the designated person sends the notice.

Prohibition on sale, etc., of vehicle

242.3(26)   The owner of a motor vehicle that is liable to forfeiture under this section shall not dispose of his or her interest in the vehicle, or grant a security interest in the vehicle, after any of the following has occurred:

(a) he or she has been given a notice of forfeiture under subsection (5), if he or she is an alleged offender;

(b) the vehicle has been seized or detained in relation to the incident during which the offence giving rise to liability to forfeiture was committed;

(c) the designated person has registered a financing statement against the vehicle under subsection (8).

Prohibition on avoidance of forfeiture of vehicle

242.3(27)   No person shall, alone or in concert with the owner of a motor vehicle that is liable to forfeiture under this section, do anything to prevent the vehicle from being forfeited or to lower its forfeiture value, including but not limited to,

(a) entering an agreement, or doing an act, to make it appear that the owner no longer owns the vehicle;

(b) hiding the vehicle;

(c) removing the vehicle from the province, other than in the normal course of operating it;

(d) wilfully damaging the vehicle; and

(e) disassembling the vehicle, or removing parts from it, other than in the ordinary course of repairs or maintenance.

Offence and penalty

242.3(28)   A person who contravenes subsection (25), (26) or (27) commits an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both.

Defence of accused re failure to relinquish vehicle

242.3(29)   In a prosecution for a contravention of subsection (25), the accused has a defence if the accused can prove on a balance of probabilities

(a) that, at the time of the offence, he or she had a reasonable belief that the motor vehicle was not forfeited or that he or she was not required to relinquish it; or

(b) that, before the time of the offence, he or she took all reasonable steps to ascertain whether the vehicle was forfeited and whether he or she was required to relinquish it.

Defence of accused re disposition of vehicle

242.3(30)   In a prosecution for a contravention of subsection (26), the accused has a defence if the accused can prove on a balance of probabilities that, at the time of the offence, he or she did not know, or could not reasonably have known, that the motor vehicle had been seized or detained under this Act or a financing statement had been registered under subsection (8), as may be applicable.

Refusal to register vehicle

242.3(31)   If a motor vehicle is not relinquished as required by subsection (25), the registrar may refuse to register the vehicle in any person's name and, if the vehicle is registered, may suspend or cancel the registration of the vehicle regardless of who is the registered owner.

Method of sending notice

242.3(32)   A notice that must be sent to any person under this section may be

(a) sent by prepaid mail that provides the sender with an acknowledgement of receipt;

(b) personally served on the person; or

(c) sent in any manner set out in the regulations.

Value of certain forfeited vehicles is debt due

242.3(33)   Where a motor vehicle forfeited under subsection (21) is not relinquished to the Crown or the value of the vehicle has decreased since it became liable to forfeiture, the Minister of Justice may recover from the vehicle's owner, as a debt due to the Crown,

(a) in the case of a vehicle that is not relinquished, the value of the vehicle at the time it became liable to forfeiture, as determined by the designated person in accordance with the regulations; or

(b) in the case of a decrease in value, the amount of the decrease, as determined by the designated person in accordance with the regulations.

Certificate of debt

242.3(34)    The designated person may issue a certificate showing

(a) the name and address of the motor vehicle owner who is liable to pay the debt;

(b) the amount of the debt; and

(c) the designated person's address for service;

and the certificate is evidence of the amount of the debt due to the Crown by the motor vehicle owner at the time the certificate is issued.

Filing of certificate

242.3(35)   A certificate issued under this section may be filed in the Court of Queen's Bench, and when it is filed,

(a) the obligation to pay the amount certified is enforceable as if it were a judgment of the court in favour of the Crown; and

(b) the certificate is deemed for the purposes of Part XIV of The Court of Queen's Bench Act to be an order of the court

(i) pronounced on the day the certificate is filed, and

(ii) on which post-judgment interest is payable under that Part.

Insurance proceeds for vehicle damage

242.3(36)   If the motor vehicle is damaged during the commission of the offence giving rise to liability to forfeiture, or at any time between the commission of the offence and being relinquished, the insurance company must pay the insurance proceeds to the Minister of Finance, if

(a) the designated person has sent it a copy of the financing statement registered under subsection (8); and

(b) the vehicle is written off or the insurance proceeds will not, for any reason, be used for the vehicle's repair.

Insurance proceeds to be held until vehicle forfeited or is no longer liable to forfeiture

242.3(37)   The Minister of Finance shall hold the insurance proceeds until the motor vehicle is forfeited or is no longer liable to forfeiture and,

(a) if the vehicle is forfeited,

(i) shall pay the proceeds in order of priority to secured creditors who registered security interests against the vehicle before the financing statement was registered under subsection (8), and

(ii) credit the balance, if any, to the vehicle owner's debt to the Crown; or

(b) if the vehicle is no longer liable to forfeiture,

(i) shall pay the proceeds to vehicle's owner, or

(ii) if there is a dispute as to who is entitled to the proceeds, shall pay them into the Court of Queen's Bench.

Payment for repairs only

242.3(38)   When a motor vehicle to which subsection (36) applies is to be repaired, the insurance company must ensure that the insurance proceeds are paid to the repairer on account of the repairs.

Crown may seize vehicle if it is not relinquished

242.3(39)   If the motor vehicle is not relinquished under subsection (25), a person authorized by the Minister of Justice may, without notice or legal process, take possession of the vehicle from any person on behalf of the Crown. For this purpose, the person may enter upon the land where the motor vehicle is located and do such things and take such action as he or she considers necessary to take possession of it.

Personal information about alleged offender may be disclosed

242.3(40)   The government may, for the purpose of informing a motor vehicle owner about the circumstances of the vehicle's liability to forfeiture, disclose personal information about the alleged offender in an owner's notice of forfeiture and about the convicted person in a notice to relinquish a motor vehicle.

Regulations

242.3(41)   The Lieutenant Governor in Council may make regulations

(a) respecting notices of forfeiture and other notices under this section;

(b) respecting the manner of giving or sending notices and other documents under this section;

(c) prescribing fees for the purpose of clause (12)(b);

(d) for the purpose of subsections (15) and (33), respecting the determination of the value of motor vehicles;

(e) respecting the deposit of money or security for money under subsection (15), including the disposition of interest earned on deposits;

(f) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

8           Section 252 is amended by striking out "or 264" and substituting "or, for the purpose of determining the length of a period of suspension or disqualification under subsection 264(1.1), to the offences referred to in subsection 264(1)".

9(1)        Subsections 264(1) to (1.2) are replaced with the following:

Definitions relating to automatic suspensions

264(1)       In subsection (1.1),

"Category A offence" means

(a) an offence committed by means of, or in relation to, a motor vehicle or off-road vehicle under any of the following provisions of the Criminal Code:

(i) subsection 249(2) (dangerous operation),

(ii) section 252 (fail to stop at accident),

(iii) paragraph 253(a) (drive impaired),

(iv) paragraph 253(b) (blood alcohol over .08),

(v) subsection 254(5) (refuse to supply sample),

(vi) subsection 259(4) (drive disqualified),

(vii) section 353 (sell or misuse master key),

(viii) section 430 (mischief to a motor vehicle),

(b) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code,

(c) the offence of taking a motor vehicle without its owner's consent committed by a passenger under section 335 of the Criminal Code, and

(d) an offence committed under subsection 225(1) or (1.1) of this Act (drive while disqualified or prohibited) while the offender's licence and right to have a licence are suspended under this section or section 263.1 or 265; (« infraction de catégorie A »)

"Category B offence" means

(a) an offence committed by means of, or in relation to, a motor vehicle or off-road vehicle under any of the following provisions of the Criminal Code:

(i) section 220 (criminal negligence causing death),

(ii) section 221 (criminal negligence causing bodily harm),

(iii) section 236 (manslaughter),

(iv) subsection 249(3) (dangerous operation causing bodily harm),

(v) subsection 249(4) (dangerous operation causing death),

(vi) subsection 249.1 (flight from police),

(vii) subsection 255(2) (impaired driving causing bodily harm),

(viii) subsection 255(3) (impaired driving causing death),

(ix) section 334 (theft of motor vehicle),

(x) section 354 (possession of property obtained by crime),

(xi) section 434 (motor vehicle arson), and

(b) the offence of taking a motor vehicle without its owner's consent committed by a driver under section 335 of the Criminal Code. (« infraction de catégorie B »)

Automatic suspension for certain offences

264(1.1)    Subject to subsection (1.2), the licence and right to have a licence of a person convicted of a Category A or Category B offence, or of a series or combination of those offences committed within a 10-year period, is suspended, and the person is disqualified from operating a motor vehicle and an off-road vehicle, for a period determined according to the following table:

Number of convictions for Category A offencesNumber of convictions for Category B offencesLength of suspension and disqualification

1 0 1 year
2 0 5 years
0 1 5 years
3 0 10 years
1 1 10 years
0 2 10 years
4 or more 0 lifetime
2 or more 1 lifetime
1 or more 2 or more lifetime
0 3 or more lifetime

Increased suspension for refusal

264(1.2)    Despite subsection (1.1), when a person commits

(a) one offence under subsection 254(5) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to two years; or

(b) two offences under subsection 254(5) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to seven years.

9(2)        Subsection 264(1.3) is amended

(a) in the part before clause (a), by striking out "(1), (1.1) or (1.2)" and substituting "(1.1) or (1.2)"; and

(b) in clause (a), by adding "that gives rise to the suspension or disqualification" after "conviction".

9(3)        Subsections 264(2) and (3) are repealed.

9(4)        Subsection 264(7) is replaced with the following:

Impoundment of driver's licence

264(7)      Where a person's driver's licence is suspended under subsection (1.1), the judge or justice who convicts the person shall impound the licence and send it or cause it to be sent to the registrar.

9(5)        Subsection 264(15) is repealed.

10(1)       Subsection 279(1.2) is repealed.

10(2)       The following is added after subsection 279(2):

Mandatory conditions re alcohol-related suspension

279(2.1)    Subject to subsection (2.2), when the licence and right to have a licence was suspended under section 264 for an offence under section 253, subsection 254(5) or subsection 255(2) or (3) of the Criminal Code, the appeal board shall not

(a) revoke the suspension in whole or in part unless the revocation order contains the conditions that, during the period for which the licence and right to have a licence was suspended, the applicant

(i) must participate in a motor vehicle ignition-interlock program under section 279.1 and comply with the requirements of the program, and

(ii) must, except as permitted under subsection (2.4), drive only a specified motor vehicle equipped with an ignition-interlock device that is approved under section 279.1 and complies with the requirements of the program; or

(b) direct the registrar to issue a licence to the applicant unless the licence is subject to the restriction that the applicant must, except as permitted under subsection (2.4), drive only a specified motor vehicle equipped with an ignition-interlock device that is approved under section 279.1 and complies with the requirements of the program.

Exception for employer-owned vehicles

279(2.2)    Subsection (2.1) does not apply when the applicant is applying for a revocation of the suspension for the purpose of driving only motor vehicles that

(a) are owned, rented or leased by his or her employer; and

(b) he or she will drive only during the course of his or her employment.

Appeal board may extend mandatory conditions

279(2.3)    The appeal board may, by order, extend ignition-interlock conditions and restrictions beyond the period for which the licence and right to have a licence were originally suspended.

Ignition-interlock exemption for work purposes

279(2.4)    When the appeal board is satisfied that an exemption from the requirements of subclause (2.1)(a)(ii) and clause (2.1)(b) is necessary for an applicant to be employed, it may, by order and subject to any terms, conditions or restrictions imposed under subsection (2), authorize the applicant, during the course of his or her employment, to drive a motor vehicle that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device.

10(3)       The following is added after subsection 279(4):

Removal of ignition-interlock conditions

279(4.1)    Despite subsection (4), the appeal board shall not remove a condition or restriction contained in or imposed under an order, as required by subsection (2.1), unless, after consulting the registrar, it is satisfied that the removal does not constitute a threat to the public safety.

10(4)       The following is added after subsection 279(12):

Variation of ignition-interlock conditions

279(12.1)   Despite subsection (12), the appeal board shall not vary an order by varying or removing a condition or restriction contained in or imposed under the order, as required by subsection (2.1), unless, after consulting the registrar, it is satisfied that the variation or removal does not consitute a threat to the public safety.

11          The following is added after section 279 as part of Part VII:

IGNITION-INTERLOCK PROGRAM FOR DRIVERS HOLDING RESTRICTED LICENCES

Definitions

279.1(1)    In this section,

"approved ignition-interlock device" means a device, approved under the regulations for use in Manitoba, that is designed, when installed in a motor vehicle, to detect the presence of alcohol in the breath of the driver and to prevent the vehicle from starting or being driven if alcohol is detected; (« dispositif de verrouillage du système de démarrage approuvé »)

"ignition-interlock program" means the ignition-interlock program established in the regulations for drivers holding restricted licences; (« programme de verrouillage du système de démarrage »)

"restricted licence" means a driver's licence that

(a) is issued under an order of the appeal board under section 279 and, except as permitted by subsection 279(2.4), restricts the holder to driving a specified motor vehicle that is equipped with an approved ignition-interlock device, or

(b) is issued by the registrar under subsection 24(6) and restricts the holder to driving a specified motor vehicle that is equipped with an approved ignition-interlock device. (« permis restreint »)

Driver must comply with program requirements

279.1(2)    A person who holds a restricted licence shall comply with the requirements of the ignition-interlock program.

Tampering, etc., with device prohibited

279.1(3)    No person shall

(a) tamper with, or interfere with the operation of, an approved ignition-interlock device; or

(b) disable or disassemble an approved ignition-interlock device, or remove it from the motor vehicle, except in accordance with the regulations.

Offence and penalty

279.1(4)    A person who contravenes subsection (2) or (3) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both.

Driver deemed to drive while disqualified

279.1(5)    A person who holds a restricted licence is deemed to contravene clause 225(1)(a) if he or she

(a) drives a motor vehicle contrary to the requirements of the ignition-interlock program;

(b) drives

(i) a motor vehicle that is not equipped with an approved ignition-interlock device, or

(ii) a motor vehicle other than the motor vehicle that the licence authorizes him or her to drive; or

(c) drives a motor vehicle that is equipped with an approved ignition-interlock device that is not functioning properly or has been tampered with, interfered with or disabled.

Inspections

279.1(6)    If, under the authority of this Act, a peace officer stops a motor vehicle, inspects a person's driver's licence and determines that the licence is a restricted licence, the peace officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine

(a) whether the vehicle is equipped with an approved ignition-interlock device; and

(b) if the vehicle has the device, whether the device is functioning properly or has been tampered with, interfered with or disabled.

Regulations

279.1(7)    The Lieutenant Governor in Council may make regulations

(a) approving ignition-interlock devices for use in Manitoba under the ignition-interlock program;

(b) respecting the ignition-interlock program for drivers holding restricted licences, including but not limited to,

(i) establishing the parameters and requirements of the program and governing its operation,

(ii) setting out the conditions and requirements that a driver holding a restricted licence must meet in relation to the program,

(iii) authorizing a service provider to administer the ignition-interlock program on the government's behalf,

(iv) governing the installation, operation and maintenance of approved ignition-interlock devices, and prescribing the blood alcohol concentration level above which the device will be calibrated to prevent the motor vehicle from being started,

(v) respecting the supervision and monitoring of drivers holding restricted licences and their driving and vehicle-use habits,

(vi) respecting the monitoring of approved ignition-interlock device use and performance,

(vii) requiring a driver holding a restricted licence, or a vehicle owner, to provide the authorized service provider with regular access to the approved ignition-interlock device at a place, and at times, convenient to the service provider, for the purpose of enabling the service provider to gather information from the device,

(viii) governing reports that shall be made to the government in respect of information gathered under subclause (vii),

(ix) requiring a driver holding a restricted licence to take remedial action when he or she fails to comply with any condition or requirement of the ignition-interlock program,

(x) providing that a driver's restricted licence shall be suspended or cancelled, or that he or she will be expelled from the ignition-interlock program, if he or she fails to comply with one or more requirements of the program or contravenes subsection (3), and

(xi) prescribing the fees that an authorized service provider may charge a driver holding a restricted licence for the use of an approved ignition-interlock device and for other services in relation to the ignition-interlock program, requiring the driver to pay the fees, and providing that such fees, if not paid, are a debt from the driver to the authorized service provider;

(c) respecting any matter necessary or advisable to carry out the purposes of this section.

Prohibition on permitting non-interlock vehicle to be driven

279.2(1)    No person shall permit the holder of a restricted licence to drive a motor vehicle

(a) that is not equipped with an approved ignition-interlock device; or

(b) that the licence does not authorize the holder to drive.

Offence and penalty

279.2(2)    A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both.

No offence by employer in certain circumstances

279.2(3)    An employer who, in accordance with an order of the appeal board under subsection 279(2.3), permits an employee to drive a motor vehicle in the course of his or her employment does not commit an offence under this section.

CONDITIONAL AMENDMENTS

Conditional amendment

12(1)       This section takes effect only if

(a) during the Second Session of the 37th Legislature, Bill 23, entitled The Highway Traffic Amendment Act, receives royal assent; and

(b) subsection 25(1) of Bill 23 comes into force.

12(2)       Subsection 264(1) of The Highway Traffic Act, as enacted by subsection 6(1) of this Act, is amended in clause (d) of the definition "Category A offence" by striking out "subsection 225(1) or (1.1)" and substituting "subsection 225(1), (1.1) or (1.2)".

CONSEQUENTIAL AMENDMENTS

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

13          Section 54.1 of The Off-Road Vehicles Act is amended

(a) in clause (a), by adding "264," after "263.1,"; and

(b) by repealing clause (b).

COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill contains the following amendments to The Highway Traffic Act:

  • The Bill establishes a program under which motor vehicles and off-road vehicles that are used to commit certain driving offences may be forfeited to the government. The kinds of offences that are included are: driving under the influence of drugs or alcohol, manslaughter or criminal negligence committed by means of such a vehicle, flight from police, dangerous operation of such a vehicle, and driving while disqualified.
  • The Bill amends the automatic licence suspension provisions of the Act by introducing 10-year and lifetime suspensions for persons who commit multiple serious driving offences or other offences — most notably, theft or arson — in relation to motor vehicles or off-road vehicles.  This is in addition to the suspensions (from one to seven years) already provided for some of those offences in the Act.  The Bill also makes motor vehicle and off-road vehicle theft and arson offences subject to the existing 1-year and 5-year suspensions.
  • The Bill makes the use of ignition-interlock devices mandatory for drivers whose licences have been suspended for alcohol-related driving offences.  These devices prevent drivers from operating their vehicles after consuming alcohol.  Drivers who apply for restricted licences during their suspensions will be subject to this requirement.  In addition, the Bill contemplates that the use of such devices may be required in restricted licences issued by the Registrar of Motor Vehicles.
  • The Bill introduces gender neutral terminology for persons in common-law relationships.