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1st Session, 40th 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 3

THE HIGHWAY TRAFFIC AMENDMENT ACT (SPEED LIMITS IN SCHOOL ZONES)


Explanatory Note Bilingual version (PDF)

(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           Section 81 is amended by renumbering it subsection 81(1) and adding the following as subsection 81(2):

Exception for certain devices re school zones

81(2)       Subsection (1) does not apply to a traffic control device erected to identify a school zone or to indicate the speed limit in the school zone if the device is

(a) approved and authorized by a regulation made under subsection 98.1(4); and

(b) is erected by a traffic authority or a local government entity authorized under the regulation to designate the highway as a school zone.

3           Subsection 95(1) is replaced with the following:

Speed limit in particular cases

95(1)       Subject to subsections 98(1) to (5) and section 98.1, no person shall drive a vehicle at a rate of speed greater than

(a) 50 km/h at a place within a restricted speed area if

(i) the area and the maximum permitted speed in it are designated by traffic control devices erected as required by this Act, and

(ii) the place is not a school zone in which the maximum permitted speed is governed by section 98.1;

(b) the maximum permitted speed at a place in a school zone in which the maximum permitted speed is governed by section 98.1;

(c) the maximum permitted speed at any other place as designated by traffic control devices erected as required or authorized by this Act; or

(d) 90 km/h in all places not mentioned in any of clauses (a) to (c).

4(1)        Subsection 98(1) is replaced with the following:

Order permitting higher speed limit

98(1)       The traffic board may make orders fixing, for any highway or portion of a highway designated in an order, a greater maximum permitted speed than the 90 km/h mentioned in clause 95(1)(d), but the maximum permitted speed fixed by such an order may not be more than 110 km/h.

4(2)        Subsections 98(5) and (6) are replaced with the following:

Compliance with orders

98(5)       When an order made under subsection (1) has been made known to drivers as required by section 77,

(a) clause 95(1)(d) does not apply to the highway or portion of a highway designated in the order while it is in effect; and

(b) no person shall drive a vehicle on the highway or portion of a highway at a speed greater than the maximum permitted speed fixed by the order.

Modified speed zones

98(6)       Despite subsection 95(1), the traffic board may, by order, designate a highway or portion of a highway as a modified speed zone and fix the maximum permitted speed for vehicles being driven in the zone, which may not be

(a) greater than 90 km/h; and

(b) less than 50 km/h.

An order under this section may also designate a highway or portion of a highway as a modified speed zone during a certain period of the year, and in that event, the traffic control devices erected under section 77 respecting the modified speed zone must be removed by the traffic authority at the end of each period.

5           The following is added after section 98:

Speed limits in school zones

98.1(1)     By making a by-law in accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may establish the maximum permitted speed for vehicles being driven in a school zone on a highway, including a provincial highway, that is within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction. The maximum permitted speed established under this section may be lower than the maximum permitted speed for the portion of highway containing the school zone provided for or fixed under another provision of this Act.

Designating school zones

98.1(2)     In accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may designate school zones on highways, including provincial highways, that are within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction.

Complying with school zone speed limit

98.1(3)     If the existence of a school zone and the maximum permitted speed in it are indicated to drivers by traffic control devices erected in accordance with the regulations, a person must not drive a vehicle in the school zone at a speed greater than the maximum permitted speed established in accordance with subsection (1).

Regulations about school zones

98.1(4)     The Lieutenant Governor in Council may make regulations

(a) respecting the exercise by a traffic authority or local government entity of the powers set out in subsections (1) and (2), including

(i) authorizing local government entities other than traffic authorities to exercise the powers set out in subsections (1) and (2),

(ii) prescribing restrictions that apply to the exercise of the power to

(A) designate portions of highways as school zones, or

(B) establish the maximum permitted speeds for vehicles being driven in school zones,

(iii) imposing requirements with which a traffic authority or local government entity must comply

(A) when it designates a portion of a highway as a school zone, which may include the requirement that the traffic authority must make the designation under a by-law, and

(B) for the designation to continue, and

(iv) imposing requirements with which a traffic authority or local government entity must comply

(A) when it establishes the maximum permitted speed for vehicles being driven in a school zone, and

(B) for the maximum permitted speed to continue to apply to the school zone;

(b) approving traffic control devices for the purposes of

(i) identifying school zones, and

(ii) indicating to drivers the maximum permitted speed for vehicles being driven in those school zones;

(c) authorizing traffic authorities and local government entities to erect traffic control devices approved by a regulation made under clause (b) and prescribing requirements with which they must comply regarding the erection, placement and maintenance of the devices;

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

Application of regulations

98.1(5)     A regulation made under subsection (4) may be general or particular in its application and may apply to the whole or any part of the province.

Precedence of maximum speeds established under this section

98.1(6)     When a maximum permitted speed in a school zone has been established under this section,

(a) no by-law or order may be made under section 103 that affects the application of that maximum permitted speed in the school zone; and

(b) the traffic board may not make an order under section 97, 98 or 100 that raises or lowers that maximum permitted speed.

Meaning of "traffic authority"

98.1(7)     In this section, "traffic authority" does not include the minister or the owner of privately owned land on which a highway is located.

Coming into force

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

Explanatory Note

This Bill empowers a local authority, such as the council of a municipality, First Nation or northern community, to designate school zones on any highway within the part of the province over which the council has local government authority, and to establish the speed limit for those school zones. The power is subject to oversight under regulations to be made by the Lieutenant Governor in Council.