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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 239

THE HIGHWAY TRAFFIC AMENDMENT ACT (SEIZURE OF VEHICLES AND SUSPENSION OF DRIVERS' LICENCES ARISING FROM DRUG OFFENCES)


Explanatory Note

(Assented to                                         )

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

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

1           The Highway Traffic Act is amended by this Act.

2           The centred heading before section 242.2 is replaced with "SEIZURE OF VEHICLES IN OFFENCES RELATING TO PROSTITUTION OR DRUGS".

3(1)        The following is added after subsection 242.2(3):

Seizure of vehicle used in committing drug trafficking offence

242.2(3.1)  A peace officer who on reasonable grounds believes that a motor vehicle is being operated in the course of committing an offence under section 5 of the Controlled Drugs and Substances Act (Canada) shall seize the vehicle and take it into the custody of the law.

3(2)        Subsection 242.2(6) is amended by adding "or (3.1)" after "subsection (3)".

3(3)        Subclause 242.2(8)(b)(ii) is amended

(a) by adding "or (3.1)" after "subsection (3)"; and

(b) by adding "or subsection (3.1), as the case may be" after "clauses (3)(a) to (c)".

3(4)        The following provisions are amended by adding "or subsection (3.1)" after "clauses (3)(a) to (c)":

(a) subsection 242.2(10);

(b) clause 242.2(12)(b);

(c) subclause 242.2(22)(a)(i).

3(5)        Subsection 242.2(26) is amended in the part before clause (a) by adding "or (3.1)" after "subsection (3)".

3(6)        Clause 242.2(28)(b) is amended by adding "or subsection (3.1)" after "clauses (3)(a) to (c)".

4(1)        Subsection 264(1) is amended by adding the following definition:

"drug trafficking offence" means an offence under section 5 of the Controlled Drugs and Substances Act (Canada) if the offender drives a motor vehicle during the course of committing the offence; (« infraction se rapportant au trafic de drogues »)

4(2)        The following is added after subsection 264(6.1):

Suspension for drug trafficking offence

264(6.2)    The licence and right to have a licence of a person convicted of a drug trafficking offence is suspended, and the person is disqualified from driving a motor vehicle and operating an off-road vehicle, for

(a) one year from the date of the conviction, if in the 10 years before the date of the offence the person did not commit another drug trafficking offence for which he or she was also convicted; or

(b) two years from the date of the conviction, if in the 10 years before the date of the offence the person did commit another drug trafficking offence for which he or she was also convicted.

4(3)        Subsection 264(7) is amended by striking out "subsection (1.1) or (6.1)" and substituting "subsection (1.1), (6.1) or (6.2)".

Coming into force

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

Explanatory Note

Under this Bill, a person can have his or her vehicle seized if a peace officer, on reasonable grounds, believes that the vehicle was being operated in the course of committing a drug trafficking offence under the Controlled Drugs and Substances Act (Canada).

The Bill also provides for the automatic suspension of the driver's licence of a person convicted of a drug trafficking offence if the offender drove a vehicle while committing the offence.