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Third 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 47

THE HIGHWAYS AND TRANSPORTATION AMENDMENT 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. H40 amended

1           The Highways and Transportation Act is amended by this Act.

2           The following is added after section 27:

Authority for federal/provincial agreements

27.1(1)     The minister may enter into agreements with the Government of Canada or a minister representing the Government of Canada respecting

(a) the construction, maintenance and repair of highways in Manitoba;

(b) the construction, maintenance and repair of airports, ferries and docks for which the department is responsible; and

(c) each government's contribution to the cost of carrying out an agreement.

Minister may carry out agreement

27.1(2)     The minister may do such things as are necessary to carry out an agreement made under subsection (1).

Cost of federal/provincial agreements

27.1(3)     Any amount required to be paid by the government under an agreement made under subsection (1) shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

3           Section 34 of the French version is amended by striking out "Quiconque contrevient ou fait défaut de se conformer aux dispositons" and substituting "Quiconque enfreint ou omet d'observer les dispositions".

4           The following is added after section 34:

Manitoba trucking productivity improvement fund

34.1(1)     The Manitoba Trucking Productivity Improvement Fund is hereby established for the purpose of funding, or supplementing the funding of,

(a) highway rehabilitation to remedy accelerated deterioration attributed to over-weight or over-dimensional vehicle traffic;

(b) upgrading the load-carrying capacity, productivity and safety of highways; and

(c) other projects or initiatives for the benefit of Manitobans and the trucking industry prescribed in the regulations.

Deposit in the Consolidated Fund

34.1(2)     Money in the fund is to be deposited in a separate, interest bearing account in the Consolidated Fund in trust for the fund. A separate account in the fund may be established for money intended for particular projects or initiatives or received from particular sources.

Payments into the fund

34.1(3)     The following shall be paid directly into the fund, notwithstanding The Financial Administration Act:

(a) permit fees paid under The Highway Traffic Act in respect of over-weight or over-dimensional vehicles prescribed in the regulations as payable into the fund or any portion of such fees prescribed in the regulations as payable;

(b) monetary penalties imposed under clause 322.1(3)(d) of The Highway Traffic Act prescribed in the regulations as payable into the fund or any portion of such penalties prescribed as payable;

(c) contributions made by private-sector contributors, or other governments, by arrangement or agreement with the Government of Manitoba in relation to upgrading specific highways or portions of highways, or specific highway infrastructure;

(d) any other amounts prescribed in the regulations as payable into the fund;

(e) interest and other income accruing to the fund.

Management of fund and payment of expenses

34.1(4)     The fund is to be managed by the minister, who may authorize payments from the fund to meet the administrative expenses of operating the fund.

Other payments out of fund

34.1(5)     When money is appropriated under an Act of the Legislature and expended for a purpose for which the fund was established, the minister may authorize a payment from the fund to offset the expenditure in whole or in part.

Audit

34.1(6)     The accounts and transactions of the fund must be audited annually by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council.  The cost of the audit is an administrative expense of operating the fund.

Fiscal reporting

34.1(7)     Each year, the minister shall cause a financial statement of the fund to be prepared, which is to be included in the annual report of the department over which the minister presides.

Agreements about contributions to fund

34.1(8)     The minister may enter into agreements with private-sector contributors or governments about contributions to be paid into the fund under clause (3)(c) and how the contributions are to be used.

5           Section 35 is amended

(a) in the part of the French version before clause (a), by striking out "suivant" and substituting "suivants"; and

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

(g) respecting the operation and administration of the Manitoba Trucking Productivity Improvement Fund, including prescribing the following:

(i) additional projects and initiatives for which money from the fund may be paid,

(ii) additional amounts that are to be paid into the fund.

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill authorizes the Minister of Transportation and Government Services to enter into agreements with the Government of Canada respecting the construction, maintenance and repair of highways, airports, ferries and docks.  The Bill also establishes the Manitoba Trucking Productivity Improvement Fund for the purpose of funding, or supplementing the funding of,

  • highway rehabilitation to remedy accelerated deterioration attributed to over-weight or over-dimension vehicle traffic;
  • upgrading the load-carrying capacity, productivity and safety of highways; and
  • other prescribed projects or initiatives for the benefit of Manitobans and the trucking industry.