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Third 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 11

THE 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 HIGHWAY TRAFFIC ACT

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

1           The Highway Traffic Act is amended by this Part.

2(1)        Subsection 242.3(2) is amended

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

(h.1) subsection 255(2.1) (blood alcohol over .08 — causing bodily harm);

(h.2) subsection 255(2.2) (refuse to supply sample — causing bodily harm);

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

(i.1) subsection 255(3.1) (blood alcohol over .08 — causing death);

(i.2) subsection 255(3.2) (refuse to supply sample — causing death).

2(2)        Subsection 242.3(3) is amended

(a) in clause (d), by striking out "253(a)" and substituting "253(1)(a)"; and

(b) in clause (e), by striking out "253(b)" and substituting "253(1)(b)".

3           Subsection 264(1) is amended

(a) in the definition "Category A offence",

(i) in subclause (a)(iii), by striking out "253(a)" and substituting "253(1)(a)", and

(ii) in subclause (a)(iv), by striking out "253(b)" and substituting "253(1)(b)"; and

(b) in the definition "Category B offence",

(i) by adding the following after subclause (a)(vii):

(vii.1) subsection 255(2.1) (blood alcohol over .08 — causing bodily harm),

(vii.2) subsection 255(2.2) (refuse to supply sample — causing bodily harm),

(ii) by adding the following after subclause (a)(viii):

(viii.1) subsection 255(3.1) (blood alcohol over .08 — causing death),

(viii.2) subsection 255(3.2) (refuse to supply sample — causing death),

(iii) in clause (a.1), by striking out "253(a) or (b)" and substituting "253(1)(a) or (b)".

4           Subsection 279.1(1.1) is amended by striking out "253(a) or (b)" and substituting "253(1)(a) or (b)".

PART 2

THE MANITOBA PUBLIC INSURANCE

CORPORATION ACT

C.C.S.M. c. P215 amended

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

6           Subsection 161(1) is amended

(a) by adding the following after clause (d.1):

(d.2) section 249.2 (criminal negligence causing death while street racing);

(d.3) section 249.3 (criminal negligence causing bodily harm while street racing);

(d.4) subsection 249.4(1) (dangerous operation while street racing), subsection 249.4(3) (dangerous operation causing bodily harm while street racing) or subsection 249.4(4) (dangerous operation causing death while street racing);

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

(f) subsection 253(1) (operating a motor vehicle while impaired), subsection 255(1) (operating a motor vehicle while impaired), subsection 255(2) (impaired driving causing bodily harm), subsection 255(2.1) (blood alcohol over .08 — causing bodily harm), subsection 255(2.2) (refuse to supply sample — causing bodily harm), subsection 255(3) (impaired driving causing death), subsection 255(3.1) (blood alcohol over .08 — causing death) or subsection 255(3.2) (refuse to supply sample — causing death);

PART 3

COMING INTO FORCE

Coming into force

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

Explanatory Note

Under provisions of The Highway Traffic Act, a person who is convicted of certain offences can have his or her vehicle forfeited or driver's licence automatically suspended.  This Bill makes those provisions apply in the case of alcohol-related driving offences recently added to the Criminal Code.

Under provisions of The Manitoba Public Insurance Corporation Act, certain no-fault accident benefits may be reduced if they benefit a person who is responsible for the accident and is convicted of one of several offences under the Criminal Code in relation to the accident. This Bill makes those provisions apply in the case of alcohol-related driving offences recently added to the Criminal Code and in the case of street racing offences previously added to it.