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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 40

THE DRIVERS AND VEHICLES AMENDMENT, HIGHWAY TRAFFIC AMENDMENT AND MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT


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 DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

1           The Drivers and Vehicles Act is amended by this Part.

2           Subsection 1(1) is amended by adding the following definitions:

"eligibility criteria", in relation to

(a) an enhanced driver's licence, means the criteria for determining who is eligible to hold an enhanced driver's licence set out in or determined under either or both of the following:

(i) an agreement under section 31.1,

(ii) the regulations under Part 3; and

(b) an enhanced identification card under Part 8.1, means the criteria for determining who is eligible to hold an enhanced identification card set out in or determined under either or both of the following:

(i) an agreement under section 150.15,

(ii) the regulations under Part 8.1. (« critère d'admissibilité »)

"enhanced driver's licence" means a driver's licence that, in addition to authorizing the licence holder to drive one or more classes of motor vehicle, is an enhanced form of identification intended to meet the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water. (« permis de conduire amélioré »)

"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act, and includes photographs of persons. (« renseignements personnels »)

"photograph" includes the image of a person or thing that is recorded, stored or displayed in electronic digital format. (« photo »)

"Western Hemisphere Travel Initiative" means the Western Hemisphere Travel Initiative established under the Intelligence Reform and Terrorism Prevention Act of 2004 (United States of America). (« Initiative relative aux voyages dans l'hémisphère occidental »)

3(1)        Subsection 6(1) is amended

(a) by replacing the section heading with "General restrictions on issuing a driver's licence";

(b) by replacing clause (c) with the following:

(c) a driver's licence of any class to a person who does not satisfy the registrar that he or she is a resident of Manitoba, unless the regulations exempt him or her from this requirement;

(c.1) a driver's licence of any class to a person who does not satisfy the registrar as to his or her date of birth or identity;

(c.2) a driver's licence of any class to a person who does not satisfy the registrar that he or she is entitled under the laws of Canada to be in Canada during its period of validity; or

(c) by replacing subclause (d)(vii) with the following:

(vii) to a person who fails or refuses to be photographed in accordance with the registrar's requirements, unless the type of driver's licence is not required by law to display the licence holder's photograph or the regulations exempt him or her from being photographed.

3(2)        Subsection 6(4) is replaced with the following:

Issuing driver's licence to a temporary resident

6(4)        If a person applying for a driver's licence or for the renewal of a driver's licence is not a permanent resident of Canada, the registrar must not issue the driver's licence for longer than the period during which, under the laws of Canada, the person is entitled to be in Canada.

4           The following is added after section 6:

Restrictions on issuing enhanced driver's licence

6.1(1)      In addition to complying with subsection 6(1), the registrar must not issue an enhanced driver's licence to a person who does not satisfy the registrar that he or she meets the eligibility criteria for it.

Notice of refusal to issue enhanced driver's licence

6.1(2)      When the registrar refuses to issue an enhanced driver's licence to a person because the registrar is not satisfied that the person meets the eligibility criteria for it, the registrar

(a) may give the person a written notice of refusal stating the reason for the refusal; and

(b) must give the person a written notice of refusal stating the reason for the refusal if the person requests the notice within six months after the registrar's refusal.

No appeal against refusal

6.1(3)      The registrar's refusal to issue an enhanced driver's licence is final and not subject to appeal.

Issuing non-enhanced driver's licence after refusal

6.1(4)      The registrar's refusal to issue an enhanced driver's licence to a person does not affect the person's eligibility to apply for and hold a non-enhanced driver's licence that he or she is entitled to hold.

5           Sections 10 and 11 are replaced with the following:

Applying for a driver's licence

10(1)       A person applying for any class of driver's licence must

(a) apply in the form required by the registrar;

(b) provide the registrar with the information and documents that the registrar requires to be satisfied that the person is eligible and qualified to hold the licence, or that the regulations require the applicant to provide;

(c) provide the registrar with any consent that the registrar requires to verify the person's eligibility and qualification to hold the licence;

(d) pay the charge for the licence that is specified in the regulations under The Highway Traffic Act and the premium for a certificate of insurance that is prescribed under The Manitoba Public Insurance Corporation Act; and

(e) allow himself or herself to be photographed in accordance with the registrar's requirements, unless the type of driver's licence is not required by law to display the licence holder's photograph or the regulations exempt him or her from being photographed.

Additional enhanced driver's licence requirements

10(2)       In addition to complying with subsection (1), a person applying for any class of enhanced driver's licence must

(a) pay the additional charge specified in the regulations under The Highway Traffic Act for an enhanced driver's licence;

(b) consent in writing, in the form required by the registrar, to the registrar obtaining, using, sharing and disclosing personal information about the person

(i) to verify the person's eligibility to hold the licence, and

(ii) as required under an agreement under section 31.1;

(c) provide the registrar with the information and documents that the registrar requires to be satisfied that the person meets the eligibility criteria for the licence; and

(d) if so required by the registrar,

(i) participate in interviews to provide and verify required information and documents, and

(ii) cooperate in providing and verifying the information and documents.

Enhanced Driver's Licence Is Voluntary

Choosing enhanced driver's licence is voluntary

10.1(1)     No person who is required by this Act to have a driver's licence is required to choose an enhanced driver's licence.

Service not to be refused for lack of enhanced driver's licence

10.1(2)     A person must not refuse to provide a service to another person or to allow the other person access to a service or a place because the other person does not hold or cannot produce an enhanced driver's licence.

Administrator Retains Additional Charges

Administrator may retain additional charge revenue

10.2        The administrator may retain as its own revenue the additional charges paid under clause 10(2)(a).

Form and Content of Driver's Licence

Form and content of a driver's licence generally

11(1)       Subject to the regulations, the registrar may issue a driver's licence in any physical form that the registrar considers appropriate, and may require that the driver's licence

(a) be signed by the licence holder or display a facsimile version of his or her signature;

(b) display information that the registrar considers necessary about the licence holder and his or her driving privileges or restrictions; and

(c) contain information that the registrar considers necessary about the licence holder in machine-readable form.

Certain drivers' licences must display photo

11(2)       A driver's licence issued to a person must, in accordance with the registrar's requirements, display his or her photograph, unless

(a) the person is exempted by the regulations and the licence is not an enhanced driver's licence; or

(b) the licence is a temporary driver's licence issued by the registrar or by a peace officer, judge or justice under the authority of a provision of this Act or any other Act.

Additional features of an enhanced driver's licence

11(3)       Without limiting the application of subsections (1) and (2), the registrar may require that an enhanced driver's licence display or contain any information and include any features that are required to comply with the regulations or with an agreement under section 31.1.

Non-complying driver's licence is not valid

11(4)       A driver's licence is not valid unless

(a) it is issued by the registrar or a person authorized by the registrar, or by a peace officer, judge or justice;

(b) it is in the physical form in which the registrar or a peace officer, judge or justice issues that type of licence; and

(c) it complies with

(i) subsection (2),

(ii) any requirements imposed by the registrar under subsection (1) or (3), and

(iii) any requirements set out in the regulations.

6           Subsection 12(2) is amended

(a) in the part before clause (a), by striking out ", or who applies for a photo identification card, must on request produce to the registrar the documents prescribed in the regulations for the type of application" and substituting "must, on request and in accordance with the regulations, produce to the registrar the documents that the registrar requires"; and

(b) by replacing clause (c) with the following:

(c) in the case

(i) of a driver's licence that is not an enhanced driver's licence, that the person is entitled under the laws of Canada to be in Canada during its period of validity, or

(ii) of an enhanced driver's licence, that the person meets the eligibility criteria for it.

7           The following is added after subsection 14(2):

Additional declaration re enhanced driver's licence

14(3)       In addition to complying with subsections (1) and (2), a person who applies for an enhanced driver's licence must make a declaration that satisfies the registrar that the person meets the eligibility criteria for the licence.

8           The following is added after section 18:

Changes in Health or Physical Condition Affecting Ability to Drive

Registrar must be notified of changes in health

18.1        Without delay after becoming aware of any change in his or her health or physical condition that is likely to affect his or her ability to drive and would be required to be declared under section 14, the holder of a driver's licence must notify the registrar in writing of the details of the change.

9           Section 30 is replaced with the following:

Driver's licence periods

30          A driver's licence that does not have a period of validity specified in this Act or another Act is valid for the period determined under the regulations.

10          The following is added after section 31:

ENHANCED DRIVER'S LICENCE AGREEMENT

Agreement respecting enhanced drivers' licences

31.1(1)     The minister may enter into an agreement with the Government of Canada or the Government of the United States, or with an agency of either government, respecting enhanced drivers' licences and respecting any matter necessary or advisable to allow them to be used as a form of identification for the purpose of meeting the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water.

Information disclosure and security

31.1(2)     Without limiting the generality of subsection (1), an agreement under that subsection

(a) may provide, in accordance with the consents provided by persons under clause 10(2)(b), for the disclosure

(i) by the registrar to the Government of Canada or a department or agency of that government, and

(ii) by the Government of Canada or the department or agency to the Government of the United States or an agency of that government,

of personal information about persons that is necessary to allow their enhanced drivers' licences to be used for the purpose set out in subsection (1); and

(b) must contain provisions respecting reasonable safeguards to protect

(i) the confidentiality, security, accuracy and integrity of the personal information, and

(ii) the privacy of the persons whom the personal information is about.

11          Subsection 32(1) is amended

(a) in clause (b),

(i) by adding ", renewal, replacement, suspension, cancellation and reinstatement" after "issuance", and

(ii) in the English version, by striking out "driver's" and substituting "drivers'";

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

(b.1) respecting the physical form of a driver's licence and the information that a driver's licence must display, contain or be able to store;

(c) in clause (c), by striking out "prescribing" and substituting "respecting";

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

(c.1) respecting information, documents and consents that a person may be required to provide to the registrar in relation to an application for a driver's licence or the renewal, replacement or reinstatement of a driver's licence;

(c.2) respecting the eligibility criteria for an enhanced driver's licence;

(e) in clause (f), by striking out "period for which drivers' licences, driver's licence certificates and photo identification cards" and substituting "periods for which drivers' licences";

(f) by repealing clause (g);

(g) in clause (h), by striking out "includes a photo identification card" and substituting "is not an enhanced driver's licence"; and

(h) by adding the following after clause (i):

(i.1) respecting any transitional or other problem resulting from introducing enhanced drivers' licences, changing from two-part to one-part drivers' licences, or changing from single-year to multi-year validity periods for certain types of drivers' licences;

12          The following is added after clause 68(1)(o):

(o.1) respecting any transitional or other problem resulting from changing from single-year to multi-year validity periods for certain types of vehicle registrations;

13          The following is added after clause 89(1)(i):

(i.1) respecting any transitional or other problem resulting from changing from single-year to multi-year validity periods for certain types of off-road vehicle registrations;

14          The following is added after section 91:

Appeals

91.1        If the registrar takes an action in respect of a person under subsection 90(1) or 91(1), the person may appeal the action to the appeal board as provided in section 279 of The Highway Traffic Act.

15(1)       Subsection 92(1) is amended

(a) in the part before clause (a), by striking out "a premium, additional premium, surcharge or other amount prescribed in the regulations under The Manitoba Public Insurance Corporation Act" and substituting "a premium, as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act, or another amount prescribed in the regulations under that Act"; and

(b) in clause (b) of the English version, by striking out ", additional premium, surcharge".

15(2)       Clause 92(2)(b) is replaced with the following:

(b) a premium, as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act, or another amount prescribed in the regulations under that Act; or

15(3)       Clause 92(4)(b) is amended by striking out ", additional premium, surcharge".

16          The following is added after section 92:

ADDITIONAL GROUNDS FOR SUSPENDING OR CANCELLING ENHANCED DRIVERS' LICENCES

Additional grounds — enhanced drivers' licences

92.1(1)     The registrar may, without notice and for any period the registrar considers appropriate, suspend or cancel a person's enhanced driver's licence if the registrar has reason to believe that the person does not meet the eligibility criteria for the licence.  This is in addition to the registrar's authority to suspend or cancel an enhanced driver's licence under section 90, 91 or 92.

No appeal against suspension or cancellation

92.1(2)     The registrar's decision to suspend or cancel an enhanced driver's licence under subsection (1) is final and not subject to appeal.

Issuing non-enhanced replacement driver's licence

92.1(3)     If the grounds for which the registrar suspends or cancels the enhanced driver's licence do not also constitute grounds to cancel or suspend the person's non-enhanced driver's licence, the registrar must reissue the person a non-enhanced driver's licence.

17          Clauses 114(1)(a) and (b) are amended by striking out "subsection (4)" and substituting "subsection 113(4)".

18          The following is added after section 116:

Registrar or peace officer may seize documents

116.1(1)    For the purpose of enforcing this Act, section 224 of The Highway Traffic Act or the regulations under this Act, the registrar or a peace officer may seize and impound one or more of the following in the circumstances set out in subsection (2):

(a) a driver's licence or certificate of insurance;

(b) a registration card, or an owner's certificate as defined in The Manitoba Public Insurance Corporation Act;

(c) an identification card issued under Part 8.1;

(d) a document or thing that resembles a document or thing referred to in clause (a), (b) or (c);

(e) a birth certificate or other document or thing that is provided or produced to the registrar or peace officer under this Act, The Highway Traffic Act or a regulation under this Act or The Highway Traffic Act.

When a document may be seized

116.1(2)    The registrar or a peace officer may seize and impound a document or thing described in subsection (1) if the registrar or peace officer has reasonable grounds to believe that it

(a) has been altered so as to be misleading or has been falsified;

(b) is not accurate or valid;

(c) is not lawfully in the possession of the person who provided or produced it; or

(d) has been provided or produced to mislead the registrar or peace officer or for another fraudulent or unlawful purpose.

Returning or disposing of document

116.1(3)    If after making any further inquiries that he or she considers necessary, the registrar or peace officer is satisfied that a circumstance set out in subsection (2) applies in respect of the seized item, the registrar or peace officer may take any steps that he or she considers appropriate, including

(a) returning it to the person or authority that authored or issued it;

(b) retaining it for the purpose for which it was seized and impounded; or

(c) destroying it.

19          The following is added after section 122:

Offences relating to information and records

122.1(1)    A person is guilty of an offence if he or she

(a) without being authorized to do so by this Act or another Act, or a regulation under this Act or another Act, discloses to a person, or provides a person with access to or a copy of, any record, personal information or personal health information about another person obtained or maintained under this Act or the regulations;

(b) uses, in a manner inconsistent with this Act or another Act, or a regulation under this Act or another Act, or misuses for personal gain, any record, personal information or personal health information about another person obtained or maintained under this Act or the regulations; or

(c) contravenes a requirement, of an agreement made under this Act, to protect

(i) the confidentiality, security, accuracy and integrity of records, personal information or personal health information about other persons, or

(ii) the privacy of other persons.

Penalties

122.1(2)    A person who is guilty of an offence under subsection (1) is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $10,000.; and

(b) in the case of a body corporate, to a fine of not more than $25,000.

Directors and officers of bodies corporate

122.1(3)    If a body corporate commits an offence under this section, a director or officer of the body corporate who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $10,000., whether or not the body corporate has been prosecuted or convicted.

20          Subsection 123(1) is amended

(a) in clause (kk),

(i) by adding ", with or without conditions," after "authorizing", and

(ii) by adding "and prescribing purposes for which the access or copies may be provided" at the end; and

(b) by repealing clause (ll).

21          Subsection 124(3) is amended by striking out "licence certificate, photo identification card or".

22          Subsection 125(1) is replaced with the following:

Records about persons and vehicles

125(1)      The registrar must maintain records that he or she considers necessary for the proper administration of this Act or the regulations, or for carrying out or exercising any duties and powers that he or she is given by another Act or a regulation under another Act, including, but not limited to,

(a) records about drivers' licences, persons who apply for or hold drivers' licences, vehicles, vehicle registrations and vehicle owners; and

(b) records of the photographs of persons who apply for or hold drivers' licences.

23          Subsection 126(6) is replaced with the following:

Limited access to drivers' photographs

126(6)      Except as permitted under sections 128 to 136, the registrar must not provide access to or a copy of a person's driver's licence photograph to anyone other than

(a) a government, department or agency that is entitled to the access or copy under an agreement under section 31.1;

(b) a peace officer or justice;

(c) a person who is authorized to provide a service under clause 138(1)(a) or (a.1); or

(d) another person or class of persons authorized by the regulations, for a purpose prescribed by the regulations.

Limited access to photos re providing services

126(7)      Under clause (6)(c), the registrar must provide access to or a copy of a person's driver's licence photograph only to the extent necessary for the service to be provided and only in accordance with the agreement required by subsection 138(3).

24          Section 128 is replaced with the following:

Access to information to make drivers' licences

128(1)       Subject to subsections (2) and (3), the registrar may, for the purpose of having drivers' licences made, provide access to or copies of personal information about drivers, including personal health information, to a person who makes drivers' licences under an agreement with the administrator.

Limit on information provided

128(2)      The registrar must limit

(a) the amount of personal health information accessed or provided to the restrictions or conditions imposed on the drivers; and

(b) the amount of other personal information accessed or provided to the minimum amount necessary to have the drivers' licences made.

Agreement must provide for security of information

128(3)      The administrator must ensure that the agreement with the person making the drivers' licences contains provisions requiring the person to adopt reasonable administrative, technical and physical safeguards that protect

(a) the confidentiality, security, accuracy and integrity of the personal health and other personal information accessed or provided; and

(b) the privacy of the persons whom the information is about.

25          Subsection 131(2) is amended by adding "by this Act, The Highway Traffic Act," after "limited to,".

26          Section 137 and the centred heading before it are repealed.

27(1)       Subsection 138(1) is amended

(a) in clause (a),

(i) by striking out "to issue drivers' licences" and substituting "to accept applications for drivers' licences, to issue temporary drivers' licences", and

(ii) by striking out "driver's licence certificates, driver's photo identification cards,";

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

(a.1) authorize any person to accept applications for identification cards for the purposes of Part 8.1;

(c) in clause (c), by adding "each application accepted," after "for".

27(2)       The following is added after subsection 138(2):

Agreement with authorized person

138(3)      The administrator must enter into an agreement with a person authorized to provide a service under clause (1)(a) or (a.1).  The agreement must contain provisions requiring the person to adopt reasonable administrative, technical and physical safeguards to protect

(a) the confidentiality, security, accuracy and integrity of the personal information, including personal health information, that the person obtains, records or is provided with in the course of providing the service; and

(b) the privacy of the persons whom the personal health and other personal information is about.

28          Subsection 139(3) is amended by striking out "licence certificate" and substituting "licence".

29          Section 147 and the centred heading before it are repealed.

30(1)       Subsection 148(1) is replaced with the following:

MERIT AND DEMERIT STATUS OF CANADIAN FORCES MEMBERS

Definitions

148(1)      The following definitions apply in this section and section 149.

"Canadian Forces member" means

(a) a member of the regular or special force of the Canadian Forces;

(b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;

(c) the spouse or common-law partner of a member, who is living with the member; and

(d) a dependent child or other dependant of a member, who is living with the member. (« membres des Forces canadiennes »)

"driver safety rating" means the driver safety rating assigned to a person under the driver safety rating system established by the regulations under The Manitoba Public Insurance Corporation Act. (« cote de conduite »)

30(2)       Subsection 148(3) is amended by striking out "subsection 147(1)" and substituting "the person's driver safety rating".

31(1)       Subsections 149(1) and (2) are amended by striking out "Manitoba merit and demerit status" and substituting "driver safety rating".

31(2)       Subsection 149(5) is amended

(a) by striking out "Manitoba merit and demerit status" and substituting "driver safety rating"; and

(b) by striking out "licensed" and substituting "resident".

32          The following is added after section 149:

FACIAL RECOGNITION SOFTWARE

Definition of "facial recognition software"

149.1(1)    In this section, "facial recognition software" means software that measures a person's unique invariable facial characteristics and compares them with other such measurements of the same person or other persons.

Using facial recognition software

149.1(2)    In accordance with the regulations, the registrar may use facial recognition software, or any other prescribed technology-based means of identity verification, for any of the following purposes:

(a) to identify, or verify the identity of, a person who applies for or holds

(i) a driver's licence, or

(ii) an identification card under Part 8.1;

(b) to maintain the integrity of the driver licensing and identification card systems, and to prevent abuse of the systems.

Comparing images

149.1(3)    For the purposes set out in subsection (2) the registrar may, in accordance with the regulations, compare the photograph of a person who applies for or holds a driver's licence or identification card to other photographs of the person, and to the photographs of other persons, that are contained in records maintained by the registrar.

Regulations

149.1(4)    The Lieutenant Governor in Council may make regulations

(a) respecting facial recognition software and identity verification, including

(i) prescribing other technology-based means of identity verification,

(ii) authorizing the registrar to disclose to specified persons or classes of persons information, including personal information, obtained by facial recognition software and other technology-based means of identity verification,

(iii) governing the manner in which the registrar may use facial recognition software and other technology-based means of identity verification, and

(iv) prescribing reasonable administrative, technical and physical safeguards that the registrar must adopt to protect the confidentiality, security, accuracy and integrity of the information about persons obtained by facial recognition software and other technology-based means of identity verification and to protect the privacy of the persons whom the information is about;

(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

33          Section 150 and the centred heading before it are replaced with the following:

PART 8.1

IDENTIFICATION CARDS

DEFINITIONS

Definitions

150         The following definitions apply in this Part.

"basic identification card" means an identification card that is not an enhanced identification card. (« carte d'identité ordinaire »)

"enhanced identification card" means an identification card that is an enhanced form of identification intended to meet the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water. (« carte d'identité améliorée »)

"identification card" means an identification card that may be issued under this Part. (« carte d'identité »)

IDENTIFICATION CARD IS VOLUNTARY

Identification card is voluntary

150.1(1)    No person is required to obtain an identification card.

Service not to be refused for lack of enhanced identification card

150.1(2)    A person must not refuse to provide a service to another person or to allow the other person access to a service or a place because the other person does not hold or cannot produce an enhanced identification card.

APPLYING FOR AN IDENTIFICATION CARD

Applying for an identification card

150.2(1)    A person applying for an identification card must

(a) apply in the form required by the registrar;

(b) provide the registrar with the information and documents that the registrar requires to be satisfied that the person is eligible to hold the identification card, or that the regulations require the applicant to provide;

(c) provide the registrar with any consent that the registrar requires to verify the person's eligibility to hold the identification card;

(d) pay the charge for the identification card that is specified in the regulations under The Highway Traffic Act; and

(e) allow himself or herself to be photographed in accordance with the registrar's requirements, unless the regulations exempt him or her from being photographed.

Additional enhanced identification card requirements

150.2(2)    In addition to complying with subsection (1), a person applying for an enhanced identification card must

(a) pay the additional charge specified in the regulations under The Highway Traffic Act for an enhanced identification card;

(b) consent in writing, in the form required by the registrar, to the registrar obtaining, using, sharing and disclosing personal information about the person

(i) to verify the person's eligibility to hold the identification card, and

(ii) as required under an agreement under section 150.15;

(c) provide the registrar with the information and documents that the registrar requires to be satisfied that the person meets the eligibility criteria for the card; and

(d) if so required by the registrar,

(i) participate in interviews to provide and verify required information and documents, and

(ii) cooperate in providing and verifying the information and documents.

ADMINISTRATOR RETAINS CHARGES

Administrator may retain charge revenue

150.3       The administrator may retain as it own revenue the charges paid under clauses 150.2(1)(d) and (2)(a) and any other charges paid by persons for services in relation to identification cards.

FORM AND CONTENT OF IDENTIFICATION CARD

Form and content of an identification card generally

150.4(1)    Subject to the regulations, the registrar may issue an identification card in any physical form that the registrar considers appropriate and may require that the identification card

(a) display a facsimile version of the card holder's signature;

(b) display information that the registrar considers necessary about the card holder; and

(c) contain information that the registrar considers necessary about the card holder in machine-readable form.

Identification card must display photo of holder

150.4(2)    An identification card issued to a person must, in accordance with the registrar's requirements, display his or her photograph, unless it is a basic identification card and the person is exempted by the regulations.

Additional features of an enhanced identification card

150.4(3)    Without limiting the application of subsections (1) and (2), the registrar may require that an enhanced identification card display or contain any information and include any features that are required to comply with the regulations or an agreement under section 150.15.

Non-complying identification card is not valid

150.4(4)    An identification card is not valid unless

(a) it is issued by the registrar;

(b) it is in the physical form in which the registrar issues that type of identification card; and

(c) it complies with

(i) subsection (2),

(ii) any requirements imposed by the registrar under subsection (1) or (3), and

(iii) any requirements set out in the regulations.

REQUIREMENT TO PROVE AGE AND OTHER PARTICULARS

Proof of age

150.5(1)    The registrar may require a person who applies for an identification card to produce for inspection an official birth certificate, or other proof of the date of his or her birth satisfactory to the registrar.

Documents as proof of identity and residence

150.5(2)    A person who applies for an identification card or a renewal, replacement or reinstatement of an identification card must on request and in accordance with the regulations produce to the registrar the documents that the registrar requires as proof

(a) of the person's identity;

(b) that the person resides in Manitoba; and

(c) in the case

(i) of a basic identification card, that the person is entitled under the laws of Canada to be in Canada during its period of validity, and

(ii) of an enhanced identification card, that the person meets the eligibility criteria for it.

DECLARATIONS BY APPLICANT

Declaration by applicant

150.6(1)    When a person applies for an identification card, the person must make a declaration in the form and containing the information the registrar requires.

Additional declaration re enhanced identification card

150.6(2)    In addition to complying with subsection (1), a person who applies for an enhanced identification card must make a declaration that satisfies the registrar that the person meets the eligibility criteria for the licence.

WHEN A CARD MUST NOT BE ISSUED

Restrictions on issuing an identification card

150.7(1)    The registrar must not issue an identification card

(a) to a person under the age of 18 years, except as permitted by the regulations;

(b) to a person who does not satisfy the registrar that he or she is a resident of Manitoba;

(c) to a person who does not satisfy the registrar as to his or her date of birth or identity; or

(d) to a person who does not satisfy the registrar that he or she is entitled under the laws of Canada to be in Canada during the identification card's period of validity.

Issuing to a temporary resident

150.7(2)    If a person applying for a basic identification card or for the renewal of a basic identification card is not a permanent resident of Canada, the registrar must not issue the identification card for longer than the period during which, under the laws of Canada, the person is entitled to be in Canada.

Restrictions on issuing enhanced identification card

150.7(3)    In addition to complying with subsection (1), the registrar must not issue an enhanced identification card to a person who does not satisfy the registrar that he or she meets the eligibility criteria for it.

Notice of refusal to issue an identification card

150.7(4)    When the registrar refuses to issue an identification card to a person for any of the reasons set out in subsection (1) or (3), the registrar

(a) may give the person a written notice of refusal stating the reason for the refusal; and

(b) must give the person a written notice of refusal stating the reason for the refusal if the person requests the notice within six months after the registrar's refusal.

No appeal against refusal

150.7(5)    Subject to subsection (6), the registrar's refusal to issue an identification card is final and not subject to appeal.

Review of decision to refuse basic identification card

150.7(6)    If the registrar refuses to issue a person a basic identification card under subsection (1), the person may, in accordance with the regulations, ask the registrar to review the decision.  In accordance with the regulations, the registrar must then review the decision and give the person a written notice stating the results of the review.

CHANGE OF NAME OR ADDRESS

Change of name or address

150.8       An identification card holder who changes his or her name or address must, within 15 days after the change, notify the registrar of his or her new name or new address.  On request from the registrar, the identification card holder must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

PERIOD OF VALIDITY

Period of validity of an identification card

150.9       An identification card is valid for the period determined under the regulations.

RECORDS AND INFORMATION SECURITY

Records

150.10(1)   The registrar must maintain records that he or she considers necessary for the proper administration of this Part or the regulations under this Part, including, but not limited to,

(a) records about identification cards and persons who apply for or hold them; and

(b) records of the photographs of persons who apply for or hold identification cards.

Duty to adopt security safeguards

150.10(2)    The registrar must, in accordance with the regulations, adopt reasonable administrative, technical and physical safeguards that protect

(a) the confidentiality, security, accuracy and integrity of the records and the personal information in the records; and

(b) the privacy of the persons whom the personal information is about.

Limited access to photographs

150.11(1)   Except as permitted under sections 150.12 to 150.14, the registrar must not provide access to or a copy of a person's identification card photograph to anyone other than

(a) a government, department or agency that is entitled to the access or copy under an agreement under section 150.15; or

(b) person who is authorized to provide a service under clause 138(1)(a) or (a.1).

Limit on access to photos re providing services

150.11(2)   Under clause (1)(b), the registrar must provide access to or a copy of a person's identification card photograph only to the extent necessary for the service to be provided and only in accordance with the agreement required by subsection 138(3).

Access to information to make identification cards

150.12(1)    Subject to subsections (2) and (3), the registrar may, for the purpose of having identification cards made, provide access to or copies of personal information about persons who apply for or hold identification cards to a person who makes identification cards under an agreement with the administrator.

Limit on personal information provided

150.12(2)   The registrar must limit the amount of personal information accessed or provided to the minimum amount necessary to have the identification cards made.

Agreement must provide for security of information

150.12(3)   The administrator must ensure that the agreement with the person making the identification cards contains provisions requiring the person to adopt reasonable administrative, technical and physical safeguards that protect

(a) the confidentiality, security, accuracy and integrity of the personal information accessed or provided; and

(b) the privacy of the persons whom the personal information is about.

Access to information by certain persons

150.13(1)   The registrar must, on request and at no charge, provide access to or copies of records and personal information maintained under this Part to the following persons for the following purposes:

(a) a member of the Royal Canadian Mounted Police, police officer, police constable, constable or any other person employed to preserve and maintain the public peace, for the purpose of enforcing an Act or regulation of Manitoba or Canada;

(b) the minister for the purpose of carrying out his or her responsibilities under this Act;

(c) another person or class of persons authorized by the regulations, for a purpose prescribed by the regulations.

Limits on personal information provided

150.13(2)   The registrar must limit the amount of personal information provided under subsection (1) to the minimum amount necessary to accomplish the purpose for which it is provided.

Other disclosures authorized by law

150.14      Nothing in this Part prevents or restricts the registrar from providing or disclosing records or information when authorized or required to do so by law, including, but not limited to, by this Act or The Freedom of Information and Protection of Privacy Act.

ENHANCED IDENTIFICATION CARD AGREEMENT

Agreement respecting enhanced identification cards

150.15(1)   The minister may enter into an agreement with the Government of Canada or the Government of the United States, or with an agency of either government, respecting enhanced identification cards and respecting any matter necessary or advisable to allow them to be used as a form of identification for the purpose of meeting the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water.

Information disclosure and security

150.15(2)   Without limiting the generality of subsection (1), an agreement under that subsection

(a) may provide, in accordance with the consents provided by persons under clause 150.2(2)(b), for the disclosure

(i) by the registrar to the Government of Canada or a department or agency of that government, and

(ii) by the Government of Canada or the department or agency to the Government of the United States or an agency of that government,

of personal information about persons that is necessary to allow their enhanced identification cards to be used for the purpose set out in subsection (1); and

(b) must contain provisions respecting reasonable safeguards to protect

(i) the confidentiality, security, accuracy and integrity of the personal information, and

(ii) the privacy of the persons whom the personal information is about.

OFFENCES AND PENALTIES

Offences

150.16(1)   No person shall

(a) make a false or misleading statement in an application for an identification card;

(b) permit another person to use his or her identification card;

(c) use another person's identification card;

(d) except as permitted by subsection (3), possess another person's identification card without the other person's permission;

(e) alter an identification card so as to be misleading or falsify an identification card;

(f) possess or use an identification card that has been altered so as to be misleading, or that has been falsified; or

(g) possess or use a fictitious document purporting to be an identification card.

Penalty

150.16(2)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 117(1).

Exception re parents and others

150.16(3)   In the case of a child's identification card, clause (1)(d) does not apply to

(a) a parent or guardian of the child;

(b) a person who possesses the identification card with the permission of a parent or guardian of the child; or

(c) another person who has possession of the identification card while he or she is responsible for the child's care or supervision.

REGULATIONS

Regulations

150.17(1)   The Lieutenant Governor in Council may make regulations

(a) respecting identification cards, including,

(i) respecting the issuance, renewal, suspension, cancellation and expiration of identification cards and their period of validity, including the circumstances in and conditions under which an identification card may be issued to a person under the age of 18 years,

(ii) respecting reviews by the registrar for the purposes of subsection 150.7(6);

(iii) respecting information, documents and consents that a person may be required to provide to the registrar in relation to an application for an identification card, or for the renewal, replacement or reinstatement of an identification card,

(iv) respecting documents required as proof of identity and residence for the purposes of subsection 150.5(2), or as proof that a person is entitled to be in Canada and of the length of the entitlement for the purposes of that subsection,

(v) establishing rules for determining when a person is not a resident of Manitoba for the purpose of clause 150.7(1)(b),

(vi) respecting the eligibility criteria for an enhanced identification card,

(vii) respecting the physical form of an identification card and the information that an identification card must display, contain or be able to store,

(viii) respecting the exemption of persons or classes of persons from the requirement to be photographed for the purpose of issuing a basic identification card, and

(ix) restricting persons or classes of persons from holding an identification card, including persons who hold other identification that serves the same purpose and is issued by the government or an agency of the government;

(b) respecting the registrar's maintenance, collection, storage and protection of records and personal and other information under this Part;

(c) respecting disclosure of and access to records and personal and other information under this Part, including

(i) authorizing the registrar to give specified persons or classes of persons access to or copies of records and personal information maintained under this Part and the regulations,

(ii) prescribing the purposes for and conditions under which the access or copies may be given, and

(iii) respecting a person's right of access to the person's own records and personal and other information, including restrictions on that access;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

150.17(2)   A regulation made under subsection (1) may be general or particular in its application and may apply to one or more classes of persons, and to the whole or any part of the province.

CONSEQUENTIAL AMENDMENTS

Consequential amendments, C.C.S.M. c. D93

34(1)       The Domestic Violence and Stalking Act is amended by this section.

34(2)       Subsections 15(2) and (3) are replaced with the following:

Impoundment of driver's licence by court

15(2)       If the respondent is present in court when an order is made under subsection (1), the court shall impound the respondent's driver's licence.

Where respondent does not have notice

15(3)       If the respondent does not have notice that an application for a prevention order includes a request for a provision under this section and the judge making the order is satisfied that the respondent has operated a motor vehicle to further the domestic violence or stalking, the judge may include a provision that, until further order of the court,

(a) no driver's licence be issued or renewed in the respondent's name;

(b) the registrar, as defined in The Drivers and Vehicles Act, may refuse to accept payment from the respondent of any charge payable in relation to the respondent's driver's licence, even though the refusal may lead to the suspension of the driver's licence; and

(c) The Manitoba Public Insurance Corporation, in conjunction with the registrar's refusal under clause (b), may refuse to accept payment of the premium for insurance in relation to the respondent's driver's licence, even though the refusal may lead to the cancellation of the insurance.

Consequential amendments, C.C.S.M. c. S230

35(1)       The Summary Convictions Act is amended by this section.

35(2)       The following is added after subsection 19.1(1.1):

Refusing to accept premiums when fine is unpaid

19.1(1.2)   When the registrar exercises his or her power under clause (1)(d), The Manitoba Public Insurance Corporation may, in conjunction with the registrar, refuse to accept payment of the premium for insurance in relation to the respondent's driver's licence or vehicle registration, even though the refusal may lead to the cancellation of the insurance.  Subsections (2) to (6) and section 19.3 apply, with necessary modifications, to The Manitoba Public Insurance Corporation if it exercises its power under this subsection.

35(3)       The part of section 19.3 before clause (a) is amended by striking out "or renew" and substituting ", renew or accept payment in respect of".

Consequential amendment to unproclaimed provisions

36          Subsection 19.1(1) of The Summary Convictions Act, as enacted by subsection 20(1) of The Courts Administration Improvement Act, S.M. 2005, c. 33, is amended by adding the following after clause (c):

(d) refuse to accept payment from the person of any charge payable in relation to the person's driver's licence, permit or vehicle registration, even though the refusal may lead to its suspension.

PART 2

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

37          The Highway Traffic Act is amended by this Part.

38(1)       Clauses 170(1)(b) and (c) are replaced with the following:

(b) apply for or obtain a new licence

(i) while the person's licence is suspended or the person is disqualified from holding a licence, or

(ii) if the person has not reinstated his or her licence and right to hold a licence after a suspension or cancellation;

(c) apply for or obtain a new a registration card for a vehicle

(i) while the vehicle's registration card is suspended or the person is disqualified from registering a vehicle, or

(ii) if the person has not reinstated the vehicle's registration card and his or her right to register a vehicle after a suspension or cancellation;

38(2)       The following is added after subsection 170(1):

Application of clauses (1)(b) and (c)

170(1.1)    Clauses (1)(b) and (c) apply whether or not the period for which the cancelled or suspended licence or registration card was issued has expired when the person applies for or obtains the new licence or registration card.

39(1)       Subsection 258(1) is replaced with the following:

Impoundment or surrender of licences

258(1)      When a driver's licence or permit is required or authorized to be impounded, surrendered or delivered to a person under this or any other Act, whether as the result of a conviction or not, the person who is to impound it or to whom it is to be surrendered or delivered shall impound or take possession of it and send it to the registrar.

39(2)       Subsection 258(2) is repealed.

40          Clause 265(11)(b) is replaced with the following:

(b) if the person surrenders it, give the person a written receipt for it and a written notice stating where the person may obtain its return;

41(1)       Clauses 269(1)(b) and (2)(b) are amended by striking out everything after "a premium," and substituting "as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act, or another amount prescribed in the regulations under that Act".

41(2)       Subclause 269(3)(a)(i) of the English version is amended by striking out ", additional premiums, surcharges".

42          Section 273.2 is replaced with the following:

Registrar to refuse service to person in default

273.2(1)    If the registrar receives notice from a designated officer under section 59.2 of The Family Maintenance Act advising that a person in default was not served, the registrar

(a) shall, until he or she receives notice under subsection 59.1(8) (notice of compliance) of that Act,

(i) refuse to issue or renew any licence, permit or registration of a vehicle in the person's name, and

(ii) refuse to accept payment from the person of any charge payable in relation to the driver's licence, permit or registration, even though the refusal may lead to its suspension; and

(b) shall notify The Manitoba Public Insurance Corporation if he or she intends to refuse to accept payment under subclause (a)(ii).

Refusal of premium by MPIC

273.2(2)    When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (1)(b), it shall refuse to accept payment of any premium for insurance in relation to the person's driver's licence or a permit or vehicle registration in the person's name, even though the refusal may lead to the cancellation of the person's insurance.

Acceptance of premium by MPIC

273.2(3)    The registrar shall notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection 59.1(8) (notice of compliance) of The Family Maintenance Act in respect of the person.  After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person.

43(1)       Subsection 273.2.1(1) is replaced with the following:

Registrar's powers re unpaid fines and restitution

273.2.1(1)  Subject to the notice requirements in subsections (2) and (3), the registrar may, where a person is in default in paying a fine or restitution order imposed under the Criminal Code (Canada) or a restitution order imposed under an Act of the Legislature,

(a) refuse to issue or renew a driver's licence or permit in the person's name; and

(b) refuse to accept payment from the person of any charge payable in relation to the driver's licence or permit, even though the refusal may lead to its suspension.

Refusing to accept premiums when fine is unpaid

273.2.1(1.1)When the registrar exercises his or her power under clause (1)(b), The Manitoba Public Insurance Corporation may, in conjunction with the registrar, refuse to accept payment of the premium for insurance in relation to the person's driver's licence or permit, even though the refusal may lead to the cancellation of the insurance.  Subsections (2) to (5) apply, with necessary modifications, to The Manitoba Public Insurance Corporation if it exercises its power under this subsection.

43(2)       The part of subsection 273.2.1(5) before clause (a) is amended by adding "driver's" after "person's".

44          Section 273.5 is replaced with the following:

Action where person does not have notice

273.5(1)    If the registrar receives a certificate under subsections 15(3) (where respondent does not have notice) and (4) (certificate) of The Domestic Violence and Stalking Act, the registrar

(a) shall, until he or she receives notice under subsection 15(5) of that Act,

(i) refuse to issue or renew a driver's licence or permit in the name of the person named in the certificate, and

(ii) refuse to accept payment from the person of any charge payable in relation to the driver's licence or permit, even though the refusal may lead to its suspension; and

(b) shall notify The Manitoba Public Insurance Corporation if he or she intends to refuse to accept payment under subclause (a)(ii).

Refusal of premium by MPIC

273.5(2)    When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (1)(b), it shall refuse to accept payment of any premium for insurance in relation to the person's driver's licence or permit, even though the refusal may lead to the cancellation of the insurance.

Acceptance of premium by MPIC

273.5(3)    The registrar shall notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection 15(5) of The Domestic Violence and Stalking Act in respect of the person.  After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person.

45          Clause 319(1)(aaaa.1) and subsections 322(5) to (7) are repealed.

46(1)       Subsection 331(2) is amended

(a) by replacing clause (a) with the following:

(a) drivers' licences, and renewing, replacing and reinstating drivers' licences;

(b) by striking out "and" at the end of clause (d);

(c) by adding "and" at the end of clause (e); and

(d) by adding the following after clause (e):

(f) identification cards under Part 8.1 of The Drivers and Vehicles Act, and renewing, replacing and reinstating those identification cards.

46(2)       The following is added after clause 331(3)(b):

(c) specifying certain charges that are not refundable and the circumstances in which each of them is not refundable;

(d) specifying certain services that must be provided without charge to specified persons for specified purposes.

46(3)       Cause 331(4)(b) of the English version is amended by striking out "to the cost" and substituting "the cost".

46(4)       Subsection 331(6) is amended by striking out everything after "vehicle registration" and substituting ", permit or identification card, or in respect of another service relating to such licences, registrations, permits or cards."

47          Sections 334 to 334.2 are repealed.

PART 3

THE MANITOBA PUBLIC INSURANCE

CORPORATION ACT

C.C.S.M. c. P215 amended

48          The Manitoba Public Insurance Corporation Act is amended by this Part.

49(1)       Subsection 1(1) is amended

(a) by repealing the definitions "additional premium" and "surcharge";

(b) by replacing the definition "basic premium" with the following:

"basic premium" means the premium prescribed in the regulations for universal compulsory automobile insurance in respect of a motor vehicle or trailer that is described in an owner's certificate; (« prime de base »)

(c) by adding the following definitions:

"additional driver premium" means the premium for a driver's certificate that, in addition to the base driver premium, must be paid by a driver who, under the driver safety rating system established by the regulations, has the number of demerits prescribed in the regulations; (« prime de pénalité pour conducteurs »)

"adjusted additional driver premium" means the premium for a driver's certificate

(a) that has been fixed by the Rates Appeal Board as the result of an appeal under clause 65(4)(a), and

(b) that, in addition to the base driver premium, must be paid by a driver who, under the driver safety rating system established by the regulations, has the number of demerits prescribed in the regulations; (« prime de pénalité rajustée pour conducteurs »)

"at-fault claim", in relation to a person, means a claim arising from a motor vehicle collision

(a) in which the person was driving a motor vehicle involved, and

(b) for which the person has been found by the corporation or a court to be 50% or more at fault; (« demande d'indemnisation — accident avec responsabilité »)

"base driver premium" means the base premium for a driver's certificate that must be paid by a driver who has no merits, or has one or more demerits, under the driver safety rating system established by the regulations; (« prime de base pour conducteurs »)

"demerit" means one of the units of measurement on the negative side of the driver safety rating scale established by the regulations; (« point de démérite »)

"discounted driver premium" means the discounted premium for a driver's certificate that must be paid by a driver who has one or more merits under the driver safety rating system established by the regulations; (« prime réduite pour conducteurs »)

"driver record" means the record about a person maintained by the registrar under section 125 of The Drivers and Vehicles Act; (« dossier de conduite »)

"input factor" means a fact about a person, including, but not limited to, an at-fault claim or a conviction,

(a) that is recorded in his or her driver record, and

(b) that is prescribed in the regulations as an input factor that negatively affects his or her driver safety rating under the driver safety rating system established by the regulations; (« facteur de démérite »)

"merit" means one of the units of measurement on the positive side of the driver safety rating scale established by the regulations; (« point de mérite »)

49(2)       Subsection 1(3) is repealed.

50(1)       Clause 33(1)(h) is replaced with the following:

(h) establishing a driver safety rating system to rate a person based on the input factors recorded in his or her driver record, or on the absence of input factors in the record over time, for the purpose of determining the premium that the person must pay for a driver's certificate;

(h.1) respecting the driver safety rating system established under clause (h), including, but not limited to,

(i) prescribing the facts recorded in a person's driver record that are input factors and negatively affect the person's position on the driver safety rating scale,

(ii) prescribing the amount of the effect for a particular input factor or class of input factors,

(iii) respecting the period that a person must drive without an input factor being attributed to him or her by the registrar before the driver is eligible to have one or more merits added to, or one or more demerits removed from, his or her driver safety rating,

(iv) respecting other circumstances in which a person may be eligible to have merits added to or demerits removed from his or her driver safety rating, and

(v) respecting the circumstances in which the corporation may reassess a person's driver safety rating and assess an additional driver premium that the person must pay;

(h.2) respecting the premiums that drivers must pay for their drivers' certificates depending on their placement on the driver safety rating scale;

50(2)       Subsection 33(4) is amended in the section heading and in the subsection by adding ", (h.1) or (h.2)" after "(1)(h)".

51          Section 48 is replaced with the following:

No vehicle registration without owner's certificate

48(1)       The registrar shall not issue a registration card for a motor vehicle or trailer unless the person applying for it

(a) has applied for the applicable owner's certificate for the motor vehicle or trailer; and

(b) has paid or made payment arrangements for the basic premium prescribed in the regulations.

No licence to be issued without a driver's certificate

48(2)       The registrar shall not issue a licence unless the person applying for it

(a) has applied for a driver's certificate for the licence; and

(b) has paid or made payment arrangements for the base driver premium and, subject to section 65, any additional driver premium prescribed in the regulations.

52          Sections 53 to 55 and 57 are repealed.

53(1)       Subsection 60(2) is replaced with the following:

Notifying corporation about suspensions and cancellations

60(2)       The registrar shall notify the corporation of every suspension or cancellation of a driver's licence or registration card.

53(2)       Subsection 60(3) is repealed.

54          The section heading for section 64 is replaced with "Court's determination about certain issues conclusive".

55(1)       Subsections 65(1) to (6) are replaced with the following:

Protesting an additional driver premium

65(1)       If the applicant for a driver's certificate believes that an additional driver premium assessed in respect of the certificate was assessed on an incorrect record of input factors other than at-fault claims, the applicant may protest the additional driver premium either in person or by letter addressed to the corporation.

Review by the corporation

65(2)       After it receives a protest under subsection (1), the corporation shall review the assessment of the additional premium.

Corporation's finding after review

65(3)       If after reviewing the assessment the corporation finds

(a) that the additional driver premium was assessed on an incorrect record of one or more input factors, other than at-fault claims, it shall reduce or cancel the additional driver premium; or

(b) that the additional driver premium was assessed correctly, it shall confirm the additional driver premium.

The corporation shall notify the applicant by registered letter about the result of the review.

Appeal of additional driver premium

65(4)       The applicant for a driver's certificate may appeal his or her additional driver premium to the Rates Appeal Board, but only on the following grounds:

(a) that the additional driver premium is unduly harsh;

(b) that the additional driver premium was assessed on an incorrect record of input factors, other than at-fault claims.

Applicant must protest before appealing under clause (4)(b)

65(4.1)     An applicant may appeal under clause (4)(b) only after he or she protests the additional driver premium under subsection (1) and receives the results of the corporation's review.

How to make an appeal

65(5)       To appeal under subsection (4), the applicant must

(a) file with the corporation

(i) a written notice of appeal in the form required by the corporation, and

(ii) his or her application for the driver's certificate in respect of which the additional driver premium was assessed; and

(b) pay to the corporation

(i) the base driver premium for the driver's certificate and an appeal fee of $10., and

(ii) if the appeal is under clause (4)(b), the portion of the additional driver premium that does not relate to the input factors that are the subject of the appeal.

Applying for a temporary driver's licence

65(6)       An applicant who has appealed the assessment of an additional driver premium and complied with subsection (5) may apply for a temporary driver's licence pending the outcome of the appeal.

Issuing a temporary driver's licence

65(6.1)     Unless the applicant is disqualified from holding a driver's licence, or his or her previous driver's licence was suspended or cancelled, for a reason other than non-payment of the additional driver premium, the corporation shall authorize the registrar to issue a temporary driver's licence that is valid for not more than 45 days.

Cancelling or extending temporary driver's licence

65(6.2)     The corporation or the Rates Appeal Board may extend the period of validity of a temporary driver's licence issued under subsection (6.1), but only until the appeal is decided.  The Rates Appeal Board may cancel the temporary licence after it has decided the appeal.

55(2)       Subsections 65(8) and (9) are replaced with the following:

Time and place of hearing

65(8)       After receiving the notice of appeal, the Rates Appeal Board shall appoint a time and place for hearing the appeal and shall

(a) notify the applicant about the time and place by registered letter sent to the applicant's address set out in the notice of appeal; and

(b) notify the corporation about the time and place.

The appointed time shall not be sooner than 10 days or later than 20 days after the date the registered letter is mailed to the applicant.

Hearing of appeal and powers of the board

65(9)       In hearing the appeal, the Rates Appeal Board shall consider the evidence and material submitted by the appellant and the corporation, and in its decision it may,

(a) if the appeal is under clause (4)(a), confirm, reduce or cancel the additional driver premium; and

(b) if the appeal is under clause (4)(b), confirm the record of input factors or order the corporation to remove from the applicant's driver safety record an input factor that it finds was incorrectly recorded.

55(3)       Subsection 65(11) is amended by adding "driver" before "premium".

55(4)       Subsection 65(12) is amended by adding "driver" before "premium".

55(5)       Subsection 65(13) is amended by striking out "premium and surcharge" and substituting "driver premiums,".

56          The following is added after section 65:

Continuing to pay adjusted additional driver premium

65.1(1)     If the Rates Appeal Board reduces an applicant's additional driver premium, the applicant must pay the resulting adjusted additional driver premium

(a) for the driver's certificate he or she originally applied for; and

(b) for any subsequent drivers' certificates that he or she applies for until

(i) the day the additional driver premium assessed on the basis of the person's driver safety rating from time to time becomes less than the adjusted additional driver premium, or

(ii) the day the corporation assesses an additional driver premium based on one or more input factors recorded in the person's driver record after the date of the assessment that was appealed to the Rates Appeal Board,

whichever occurs first.

No appeal of adjusted additional driver premium

65.1(2)     The applicant may not appeal the adjusted additional driver premium that he or she is required to pay by clause (1)(b).

Application of section 65 re new assessment

65.1(3)     For greater certainty, section 65 applies in respect of an additional driver premium referred to in subclause (1)(b)(i) or (ii).

57          Section 66 is repealed.

PART 4

TRANSITIONAL PROVISION AND COMING INTO FORCE

Transitional provision re two-part drivers' licences

58(1)       This section applies to a person who, after section 5 of this Act comes into force, holds a driver's licence that consists of a driver's licence certificate and a photo identification card within the meaning of section 11 of The Drivers and Vehicles Act as it read immediately before the coming into force of section 5.

58(2)       A person referred to in subsection (1)

(a) must carry his or her driver's licence certificate and photo identification card while driving a motor vehicle on a highway; and

(b) must produce both the driver's licence certificate and the photo identification card to a peace officer who requires the person to produce his or her driver's licence under clause 76.1(4)(b) of The Highway Traffic Act.

Coming into force

59          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill makes amendments to The Drivers and Vehicles Act, The Highway Traffic Act and The Manitoba Public Insurance Corporation Act that are necessary to provide for five initiatives.

A new type of driver's licence — the enhanced driver's licence — will be available to Canadian citizens who are Manitoba residents, to be used as a form of identification for entry into the United States by land or water.

A Manitoba resident who does not have a driver's licence will be able to obtain a government-issued identification card displaying his or her photograph. The identification card program will include an enhanced identification card that, like the enhanced driver's licence, may be used as identification for entry into the United States.

Currently, a Manitoba driver's licence that displays the holder's photograph has a separate photo card. In the future, the photograph will be directly displayed on the licence.

Most drivers' licences and vehicle registrations are currently issued for one-year terms. In the near future, many licences and registrations will be converted to multi-year terms.

The existing merit and demerit system of rating drivers for insurance purposes will be replaced by a new driver safety rating system.

The Bill includes consequential amendments to The Domestic Violence and Stalking Act and The Summary Convictions Act related to the conversion to multi-year licences and registration terms.