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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 22

THE HIGHWAY TRAFFIC AMENDMENT ACT (EXTENSION OF IGNITION-INTERLOCK PROGRAM)


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           Subsection 279(21) is amended in subclause (a)(ii) and clause (b) by striking out "specified".

3(1)        Subsection 279.1(1) is amended

(a) in the part before the definition "approved ignition-interlock device", by adding "and in sections 279.2 and 279.3" at the end;

(b) in clauses (a) to (c) of the definition "restricted licence", by striking out "specified"; and

(c) by adding the following definition:

"designated offence" means an offence described in

(a) clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1), or

(b) any of clauses (a) to (a.3) of the definition "Category B offence" in that subsection; (« infraction désignée »)

3(2)        Subsection 279.1(1.2) is replaced with the following:

Restricted licence after certain convictions

279.1(1.2)  When a person applies for a driver's licence within the period prescribed in the regulations after the expiration of a licence suspension or driving disqualification imposed in respect of the person's conviction for a designated offence, the registrar may issue only a restricted licence to the person.

3(3)        Subsection 279.1(5) is replaced with the following:

Driver deemed to drive while disqualified

279.1(5)    A person is deemed to contravene clause 225(1)(a) if

(a) the person holds a restricted licence and drives

(i) a motor vehicle contrary to the requirements of the ignition-interlock program,

(ii) a motor vehicle that is not equipped with an approved ignition-interlock device, or

(iii) a motor vehicle that is equipped with an approved ignition-interlock device that is not functioning properly or has been tampered with, interfered with or disabled; or

(b) the person does not hold a valid restricted licence and drives a motor vehicle at a time when subsection (1.2) or (1.3) and the regulations require the person's driver's licence to be a restricted licence.

3(4)        Clauses 279.1(7)(b.1) and (c) are replaced with the following:

(b.1) for the purpose of subsection (1.2), prescribing periods during which the registrar may issue only a restricted licence to a person convicted of committing a designated offence, including different periods that apply

(i) in respect of convictions for different designated offences, or

(ii) in respect of a person's

(A) first conviction, or

(B) second or subsequent conviction, whether the convictions are for the same designated offence or represent a combination of designated offences;

(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section or of section 279.2 or 279.3.

4           Subsection 279.2(3) is amended by striking out "279(2.4)" and substituting "279(22)".

Coming into force

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

Explanatory Note

Under The Highway Traffic Act, a person's licence is restricted to driving a motor vehicle equipped with an ignition-interlock device if the person is convicted of certain alcohol-related offences under the Criminal Code. This restriction does not apply to a first offence unless it involved an aggravating factor, such as causing bodily injury. This Bill extends the restriction so that it applies to a first offence, even if it doesn't involve aggravating factors.

The Bill also increases the penalty for a person convicted of driving without the required ignition-interlock device, if the person is driving without a licence. The increased penalty is consistent with the penalty that applies to a person who holds a restricted licence and drives contrary to the restriction.