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3rd Session, 40th Legislature

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Bill 57

THE HIGHWAY TRAFFIC AMENDMENT ACT (COUNTERMEASURES AGAINST DRUG-IMPAIRED DRIVING)


  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 242.1(1.1) is amended

(a) in clause (c),

(i) by striking out "his or her breath" and substituting "breath, oral fluid, urine", and

(ii) by striking out "or" at the end; and

(b) by adding "or" at the end of clause (d) and adding the following after clause (d):

(e) that, after a demand in accordance with subsection 254(3.1) of the Criminal Code, the driver of the vehicle

(i) refused to comply with the demand or to submit to an evaluation as defined in subsection 263.1(1), or

(ii) failed to follow instructions regarding the evaluation.

2(2)        In the following provisions, "clause (1.1)(b), (c) or (d)" is struck out and "any of clauses (1.1)(b) to (e)" is substituted:

(a) the part of subsection 242.1(3.1) before clause (a);

(b) the part of subsection 242.1(4) before clause (a);

(c) clause 242.1(5)(c).

2(3)        Subsection 242.1(7.1) is amended

(a) in clause (e) of the English version, by striking out "refuse/fail to perform" and substituting "refusal or failure respecting"; and

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

(f) when the seizure is under clause (1.1)(e) (refusal or failure respecting evaluation), 60 days.

2(4)        Subsection 242.1(7.1.1) is amended

(a) in the part of clause (e) of the English version before subclause (i), by striking out "refuse/fail to perform" and substituting "refusal or failure respecting"; and

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

(f) when the seizure is under clause (1.1)(e) (refusal or failure respecting evaluation),

(i) for a second seizure, 180 days, and

(ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second.

2(5)        Subsection 242.1(7.1.2) is amended

(a) by striking out "or" at the end of clause (b);

(b) in clause (b.1) of the English version,

(i) by striking out "refuse/fail to perform" and substituting "refusal or failure respecting", and

(ii) by adding "or" at the end; and

(c) by adding the following after clause (b.1):

(b.2) clause (1.1)(e) (refusal or failure respecting evaluation);

3           Clauses 242.3(2)(h.2) and (i.2) and 242.3(3)(f) of the English version are amended by striking out "refuse to supply sample" and substituting "non-compliance with demand".

4(1)        Subsection 263.1(1) is amended by adding the following definition:

"evaluation" means an evaluation within the meaning of subsection 254(3.1) of the Criminal Code consisting of the tests and following the procedures prescribed in the regulations made under subsection 254.1 of that Act. (« évaluation »)

4(2)        Subsection 263.1(2) is amended

(a) in clauses (b) and (d) of the English version, by striking out "clause" and substituting "paragraph";

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

(b.1) after a demand in accordance with subsection 254(3.1) of the Criminal Code, a person refuses to accompany the peace officer for the purpose of an evaluation, refuses to submit to an evaluation or fails to follow instructions regarding the evaluation;

(b.2) after a demand in accordance with subsection 254(3.4) of the Criminal Code, a person refuses or fails to provide a sample of oral fluid, urine or blood;

(c) by striking out "or" at the end of clause (c), adding "or" at the end of clause (d) and adding the following after clause (d):

(e) after a demand in accordance with subsection 254(3.1) of the Criminal Code, the following criteria are met:

(i) the peace officer who takes the action is the peace officer who made the demand or is the peace officer conducting the evaluation, as permitted by that subsection,

(ii) based on the person's performance on the evaluation, the peace officer conducting it, as permitted by that subsection, believes that the person is unable to safely operate a motor vehicle, a vessel, an aircraft or railway equipment.

4(3)        Subsection 263.1(7) is amended

(a) in rule 1, by striking out "clause (2)(b)" and substituting "any of clauses (2)(b) to (b.2)"; and

(b) in the part of rule 2 before clause (a), by adding "or (e)" after "clause (2)(d)".

4(4)        Subsection 263.1(8) is amended in the part before clause (a), by adding "or (e)" after "clause (2)(d)".

5(1)        Subsection 263.2(7) is amended

(a) in clauses (c) and (e) of the English version, by striking out "clause 254(2)(a)" and substituting "paragraph 254(2)(a)";

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

(c.1) if the suspension and disqualification order was served based on a ground set out in clause 263.1(2)(b.1), whether, after the demand in accordance with subsection 254(3.1) of the Criminal Code, the person refused to accompany a peace officer for the purpose of an evaluation, refused to submit to an evaluation or failed to follow instructions regarding the evaluation;

(c.2) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(b.2), whether, after the demand in accordance with subsection 254(3.4) of the Criminal Code, the person refused or failed to provide a sample of oral fluid, urine or blood;

(c) in clause (d) of the English version, by striking out "the ground" and substituting "a ground"; and

(d) by striking out "or" at the end of clause (d), adding "or" at the end of clause (e) and adding the following after clause (e):

(f) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(e), whether, after a demand in accordance with subsection 254(3.1) of the Criminal Code, the peace officer conducting the evaluation, as permitted by that subsection, had reason to believe that the person was unable to safely operate a motor vehicle, a vessel, an aircraft or railway equipment based on the person's performance on the evaluation.

5(2)        Subsection 263.2(9) and the part of subsection 263.2(10) before clause (a) are amended by striking out "to (e)" and substituting "to (f)".

5(3)        Subsection 263.2(9.1) is amended by striking out "clause (7)(d) or (e)" and substituting "clause (7)(d), (e) or (f)".

6           Subsection 264(1) of the English version is amended

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

(i) in subclause (a)(v), by striking out "refuse to supply sample" and substituting "non-compliance with demand", and

(ii) in subclause (a.2)(i), by striking out "clause" and substituting "paragraph"; and

(b) in subclauses (a)(vii.2) and (viii.2) of the definition "Category B offence", by striking out "refuse to supply sample" and substituting "non-compliance with demand".

7(1)        The section heading for subsection 279(21) is replaced with "Mandatory ignition-interlock when certain post-conviction suspensions revoked".

7(2)        The section heading for subsection 279(21.1) is replaced with "Mandatory ignition-interlock when certain suspensions under section 263.1 revoked".

Consequential amendments, C.C.S.M. c. D104

8(1)        The Drivers and Vehicles Act is amended by this section.

8(2)        Clause 21(2)(a) is amended by striking out "clause 263.1(2)(a) or (b)" and substituting "any of clauses 263.1(2)(a) to (b.2)".

8(3)        Clause 22(2)(a) is amended by striking out "clause 263.1(2)(c) or (d)" and substituting "any of clauses 263.1(2)(c) to (e)".

Coming into force

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

Explanatory Note

Under the Criminal Code (Canada), a police officer can require a driver to undergo an evaluation to identify drug impairment if the officer believes that the driver's ability to drive is impaired by the consumption of a drug.

Currently, The Highway Traffic Act provides for roadside licence suspensions, vehicle seizures and vehicle forfeitures for drivers who drink alcohol before driving or who refuse or fail to provide breath or blood samples or to perform physical coordination tests. This Bill incorporates Criminal Code evaluations into the suspension, seizure and forfeiture program so that drug-impaired driving is treated consistently with alcohol-impaired driving.

The Bill contains consequential amendments to The Drivers and Vehicles Act.