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Second Session, Thirty-Eighth 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 12

THE HIGHWAYS AND TRANSPORTATION AMENDMENT AND HIGHWAY TRAFFIC AMENDMENT ACT (TRUCKING PRODUCTIVITY IMPROVEMENT FUND)


Explanatory Note

(Assented to                                         )

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

PART 1

THE HIGHWAYS AND TRANSPORTATION ACT

C.C.S.M. c. H40 amended

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

2           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".

3           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 overweight or overdimensional vehicle traffic;

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

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

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. Separate accounts 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)     Despite The Financial Administration Act, the following shall be paid directly into the fund:

(a) permit fees paid under The Highway Traffic Act in respect of overweight or overdimensional 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 rehabilitating or improving 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.

Managing the fund and paying 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 the 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 the 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.

4           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) fees or monetary penalties, or portions of fees or monetary penalties, that are to be paid into the fund,

(iii) other amounts that are to be paid into the fund.

PART 2

THE HIGHWAY TRAFFIC ACT

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

5           The Highway Traffic Act is amended by this Part.

6(1)        Subsection 68(13) is replaced with the following:

Offence: excess weight less than 2,000 kg

68(13)      A person is guilty of an offence if, by an excess weight less than 2,000 kg, the person contravenes or fails to comply with

(a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation made under this section; or

(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.

Offence: excess weight of 2,000 kg or more

68(13.1)    A person is guilty of an offence if, by an excess weight of 2,000 kg or more, the person contravenes or fails to comply with

(a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation made under this section; or

(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.

Penalty for excess weight

68(13.2)    A person who commits an offence under subsection (13) or (13.1) is liable on summary conviction to a fine of $12. for each 50 kg, or portion of such a weight, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight prescribed or permitted by the provision or condition.

6(2)        Subsection 68(14) is amended by replacing the part before clause (a) with "In calculating a fine for an offence under clause (13)(a) or (13.1)(a),".

7(1)         Subsections 87(1) to (3) are replaced with the following:

Permits to move certain vehicles and property

87(1)       After a request by a vehicle's owner or whenever the traffic authority of a highway considers it appropriate, the traffic authority may issue a permit authorizing a vehicle to be driven or property to be moved by a vehicle over, upon or along the highway although it is not otherwise permitted by this Act or the regulations.

Meaning of "owner" for permit purposes

87(1.1)     In this section, "owner", in relation to vehicles, includes a person who, in the course of a business or other undertaking, engages the services of vehicles to carry property.

Conditions on permits

87(2)       The traffic authority may impose any conditions on a permit that it considers appropriate.  If the traffic authority imposes a condition, the following persons shall comply with the condition:

(a) the permit holder;

(b) a person who operates a vehicle under the permit or the owner of such a vehicle; and

(c) any other person who drives a vehicle or moves property under the permit.

Cancellation of permit

87(2.1)     The traffic authority may cancel a permit if

(a) the permit holder or any other person who operates, owns or drives a vehicle or moves property under the permit

(i) fails to comply with a condition of the permit, or

(ii) contravenes this Act or The Manitoba Public Insurance Corporation Act or the regulations under either Act; or

(b) the permit holder fails to pay a fee required to be paid in respect of the permit.

Notice of cancellation

87(2.2)     After a permit is cancelled, the traffic authority shall notify the permit holder about the cancellation by ordinary mail sent to the mailing address the permit holder has given the traffic authority.

Section 276 not to apply

87(2.3)     Section 276 (notice of cancellation) does not apply to a permit issued under this section.

Peace officer's demand re permit

87(3)       After a demand from a peace officer, a person who drives a vehicle or moves property under a permit issued under this section shall produce the permit for the officer's inspection or, if the person is not carrying the permit, give the officer the permit number.

7(2)        Subsection 87(4) is amended

(a) in the section heading, by striking out "objects" and substituting "property"; and

(b) in the subsection,

(i) by striking out "an object" and substituting "property", and

(ii) by striking out "or object" and substituting "or property".

7(3)        Subsection 87(6) is amended

(a) in the part of clause (a) before subclause (i), by striking out "an object" and substituting "property"; and

(b) in clause (b), by striking out "objects" and substituting "property".

7(4)        Subsection 87(7) is replaced with the following:

Fees for permits

87(7)       A person who wishes to obtain a permit under this section or, if applicable, who holds a permit issued under this section, shall pay the traffic authority fees in accordance with the regulations.

8           Clause 319(1)(eee) is amended

(a) by striking out "prescribing" and substituting "respecting"; and

(b) by striking out "special permits for vehicles and special mobile machines" and substituting "permits for vehicles or for property to be moved by vehicle".

PART 3

COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill establishes the Manitoba Trucking Productivity Improvement Fund under The Highways and Transportation Act.  The fund will help pay for

  • highway repairs required because of overweight or oversized vehicles;
  • improvements to highways; and
  • other projects related to transportation and the trucking industry.

The provisions of The Highway Traffic Act respecting permits for overweight and oversized vehicles or freight are amended to facilitate the operation of the fund.