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2nd 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 21

THE HIGHWAY TRAFFIC AMENDMENT ACT (IMPOUNDMENT OF VEHICLES — IGNITION-INTERLOCK PROGRAM)


  Bilingual version (PDF) 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(1)        Subsection 225(5) is amended

(a) by replacing the section heading with "Offence and penalty — suspended and other prohibited driving"; and

(b) in the part before clause (a), by adding ", or of subsection 279.1(5) or (5.1) (restricted licence contraventions)," after "(1.2)".

2(2)        Subsection 225(6) is replaced with the following:

Time limit for prosecution

225(6)      A prosecution for a contravention of subsections (1) to (4.1), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), may be commenced within two years after the day the alleged offence was committed.

3           The following is added after clause 241(1)(l):

(m) subsection 279.1(5) or (5.1);

4(1)        Subsection 242.1(1.1) is amended

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

(a) that a person who was operating the vehicle contravened subsection 225(1) or (1.1) (suspended and other prohibited driving) or 279.1(5) or (5.1) (restricted licence contraventions) of this Act or subsection 259(4) (operation while disqualified) of the Criminal Code;

(b) in clause (c), by striking out "(Canada)".

4(2)        Clauses 242.1(7.1)(a) and (7.1.1)(a) of the English version are amended by striking out "(driving disqualified)" and substituting "(suspended and other prohibited driving)".

5(1)        The definition "restricted licence" in subsection 279.1(1) is amended

(a) in clause (b), by adding ", in specified circumstances," after "holder"; and

(b) in clause (c), by adding ", except as permitted by subsection (1.4)," after "subsection (1.2) and".

5(2)        The following is added after subsection 279.1(1.3):

Employers' vehicles

279.1(1.4)  Despite subsections (1.2) and (1.3), a restricted licence

(a) issued for the purpose of subsection (1.2) may permit the licence holder to drive a motor vehicle, in the course of the holder's employment, that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device if the registrar is satisfied that permitting the holder to drive it is necessary for him or her to be employed; and

(b) issued for the purpose of subsection (1.3) may permit the licence holder to drive a motor vehicle that is owned, leased or rented by the holder's employer and is not equipped with an approved ignition-interlock device if the appeal board has given the holder that permission.

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

Unauthorized driving by holder of restricted licence

279.1(5)    A person who holds a restricted licence must not

(a) drive a motor vehicle contrary to the requirements of the ignition-interlock program;

(b) drive 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

(c) drive a motor vehicle that is not equipped with an approved ignition-interlock device except in such circumstances as the licence permits.

Driving without restricted licence prohibited

279.1(5.1)  When subsection (1.2) or (1.3) and the regulations limit the registrar to issuing only a restricted licence to a person, the person must not drive a motor vehicle unless the person holds a valid restricted licence.

Application of subsection 225(5) to contraventions

279.1(5.2)  Subsection 225(5) (offence and penalty) applies to a person who contravenes subsection (5) or (5.1).

6           Subsection 279.2(3) is amended

(a) by striking out ", in accordance with an order of the appeal board under subsection 279(22),"; and

(b) by adding "if the employee's restricted licence allows the employee to drive the motor vehicle" at the end.

Coming into force

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

Explanatory Note

Under The Highway Traffic Act, a driver 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 Bill makes clear that the police may impound a vehicle being driven in contravention of that restriction. It also clarifies that a driver may be permitted, when necessary, to drive a vehicle belonging to the driver's employer that is not equipped with an ignition-interlock device.