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3rd Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 14

THE TRAFFIC AND TRANSPORTATION MODERNIZATION ACT


  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:

Transportation Infrastructure Act

1           The Transportation Infrastructure Act set out in Schedule A is hereby enacted.

Highway Traffic Amendment Act

2           The Highway Traffic Amendment Act set out in Schedule B is hereby enacted.

Drivers and Vehicles Amendment Act

3           The Drivers and Vehicles Amendment Act set out in Schedule C is hereby enacted.

Manitoba Public Insurance Corporation Amendment Act

4           The Manitoba Public Insurance Corporation Amendment Act set out in Schedule D is hereby enacted.

Provincial Railways Amendment Act

5           The Provincial Railways Amendment Act set out in Schedule E is hereby enacted.

Coming into force

6(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

6(2)        The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.

SCHEDULE A

THE TRANSPORTATION
INFRASTRUCTURE ACT

TABLE OF CONTENTS

Section

PART 1

INTRODUCTORY PROVISIONS

1     Definitions

2     Purpose

PART 2

CONSTRUCTION AND MANAGEMENT OF
TRANSPORTATION INFRASTRUCTURE

3     Minister responsible for provincial transportation facilities

4     Construction standards

5     Payments from Consolidated Fund

6     Credits to Consolidated Fund

7     Public works

8     Power of minister re contracts

9     Tenders

10    Contract requirements

11    Acquiring property for transportation infrastructure

12    Drainage infrastructure

13    Disposal of property

14    Agreements re highways outside Manitoba

15    Funding agreements

16    Use of bridges, etc.

PART 3

DEPARTMENTAL ROADS AND
PROTECTION OF HIGHWAYS

DEPARTMENTAL ROADS

17    Intersections

18    Municipal responsibility for certain infrastructure

19    Municipal responsibility for highway when declaration ceases

20    Limited-access highways

21    Termination of access

22    Controlled areas

23    Closing of highways or road allowances

24    Landscaping on or next to departmental roads

25    Snow fences on private property

FUNDING OF HIGHWAY CONSTRUCTION

26    Contribution agreements for municipal roads

27    Highways in unorganized territory

PROTECTION OF HIGHWAYS

28    Permits for accesses and objects on or near departmental road

29    Permission for activities on a departmental road

30    Removal orders

31    Abandonment of vehicles or equipment

32    Removal agreements

33    Temporary moving of vehicles or equipment

34    Temporary road closings

35    Damage to departmental roads

PART 4

MANITOBA TRUCKING PRODUCTIVITY
IMPROVEMENT FUND

36    Manitoba Trucking Productivity Improvement Fund

PART 5

GENERAL

37    Crown bound

38    Delegation by minister

39    Evidence

40    Regulations

PART 6

TRANSITIONAL, CONSEQUENTIAL,
REPEAL, C.C.S.M. REFERENCE
AND COMING INTO FORCE

41-48 Transitional provisions

49-60 Consequential amendments

61-62 Repeals

63    C.C.S.M. reference

64    Coming into force

SCHEDULE A

THE TRANSPORTATION
INFRASTRUCTURE ACT

PART 1

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"access", when used as a noun, means an entrance to or exit from a departmental road, but does not include a connection between one or more roadways of the same highway. (« bretelle »)

"appropriated" means appropriated by an Act for a specified purpose. (« affecté »)

"controlled area" means a controlled area described in subsection 22(1). (« zone contrôlée »)

"departmental road" means a provincial trunk highway or provincial road, or a highway in unorganized territory, but does not include

(a) a parking lot, road or driveway on grounds appurtenant to a public work as defined in The Public Works Act;

(b) a highway for which the cost of construction or maintenance is paid out of the Consolidated Fund with money appropriated for the purposes of another Act;

(c) a highway built and maintained at the expense of the Government of Canada; or

(d) a highway built and maintained on private land by the owner or occupier of that land. (« route de régime provincial »)

"freeway" means a departmental road designated as a freeway under the regulations. (« autoroute »)

"highway" includes

(a) a highway, road, road allowance, street, lane or thoroughfare dedicated to the public use as a highway or opened as or made a highway under this or any other Act; and

(b) a bridge, floodway, pier, ferry, square or public place dedicated to the public use as a highway, including any improvements and appurtenant works. (« voie publique »)

"limited-access highway" means a limited-access highway described in section 20. (« route à accès limité »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipality" includes The City of Winnipeg. (« municipalité »)

"person" includes a municipality, partnership, syndicate, joint venture and an association of persons. (« personne »)

"provincial road" means a highway or portion of a highway declared to be a provincial road under the regulations. (« route provinciale secondaire »)

"provincial transportation facility" means

(a) a departmental road; or

(b) an airport, ferry dock or ferry owned or operated by the government, including any appurtenant land. (« installation de transport provinciale »)

"provincial trunk highway" means a highway or portion of a highway declared to be a provincial trunk highway under the regulations. (« route provinciale à grande circulation »)

"road allowance" means

(a) land shown as a road allowance on the Dominion government survey or a provincial government survey; or

(b) a right-of-way provided by or under an Act for the purpose of a highway or dedicated to public use as a highway. (« emprise »)

"roadway" means a roadway as defined in The Highway Traffic Act. (« chaussée »)

"service road" means a roadway that is

(a) located between the primary roadway of a highway and the boundary lines of that highway; and

(b) used or intended to provide access to land adjacent to the highway that is not accessible from the primary roadway of the highway. (« voie de service »)

"structure" means a building or thing built, erected, placed or stored above or below the surface of the earth, but does not include

(a) a traffic control device as defined in The Highway Traffic Act;

(b) a fence erected for agricultural purposes;

(c) a mail box;

(d) a survey monument or post authorized to be placed under an Act of the Legislature or of the Parliament of Canada; or

(e) anything exempted from the definition under the regulations. (« construction »)

"vehicle" means a vehicle as defined in The Highway Traffic Act. (« véhicule »)

Purpose

2           The purposes of this Act are to

(a) govern the establishment, operation and decommissioning of provincial transportation facilities;

(b) protect the integrity, safety and efficiency of the provincial highway system;

(c) control the location, construction and use of entrances to and exits from certain highways;

(d) control the use of land adjacent to or near certain highways; and

(e) control the erection of structures near certain highways.

PART 2

CONSTRUCTION AND MANAGEMENT OF
TRANSPORTATION INFRASTRUCTURE

Minister responsible for provincial transportation facilities

3           Subject to any other Act, the minister is responsible for the design, engineering, procurement, construction, establishment, inspection, control, management, operation, maintenance, repair and decommissioning of all provincial transportation facilities.

Construction standards

4           A provincial transportation facility must be constructed, maintained and repaired to the standards the minister considers appropriate for the facility. The standards may be different for different facilities.

Payments from Consolidated Fund

5           Costs incurred by the minister under the authority of this Act must be paid from the Consolidated Fund from money appropriated for the purposes of this Act.

Credits to Consolidated Fund

6           Subject to subsection 13(5) and Part 4, money received by the minister under the authority of this Act must be deposited into the Consolidated Fund and credited to the account established for money appropriated for the purposes of this Act.

Certain public works under control of minister

7(1)        Despite The Public Works Act, a public work that was acquired or is used primarily for the purpose of constructing, repairing or operating a provincial transportation facility is under the control of the minister and may be disposed of under this Act.

Application of Public Works Act

7(2)        The minister may, by written order, require that a public work to which subsection (1) applies be dealt with under The Public Works Act. Immediately upon such an order becoming effective, the public work becomes subject to the control and management of the minister responsible for the administration of that Act and may no longer be disposed of under this Act.

Power of minister re contracts

8           The minister may, on behalf of the government, enter into any contract the minister considers advisable for the administration of this Act. But no contract is binding on the minister or the government unless it is signed by the minister.

Duty to invite tenders

9(1)        The minister must invite tenders for the construction or repair of any provincial transportation facility, unless

(a) the work is performed by officers or employees of the government;

(b) in the opinion of the minister, the work

(i) is too urgent to be tendered, or

(ii) can be performed more efficiently through a different arrangement; or

(c) a committee of the Executive Council has approved the work to be completed without an invitation to tender.

Minister may establish eligibility requirements

9(2)        For any invitation to tender issued under subsection (1), the minister may establish eligibility requirements that a bidder must meet to be eligible to submit a tender in response to the invitation.

Forgoing the lowest compliant bid

9(3)        The minister may forgo the lowest compliant bid received from an eligible bidder in response to any invitation to tender issued under subsection (1)

(a) with the approval of a committee of the Executive Council if the value of the contract is equal to or more than the amount prescribed in the regulations; or

(b) without approval, if the value of the contract is less than the amount prescribed in the regulations.

Preconditions for commencing work under contract

10(1)       Unless authorized by the minister, no money may be paid to a contractor and no work may commence under a contract until

(a) the contract has been signed by all parties; and

(b) the contractor has provided any security required under subsection (2).

Security

10(2)       The minister may require a contractor with whom the minister enters into a contract under this Act to provide security, in a form and amount the minister considers appropriate, for the performance of the contract and for the payment of labour and materials to be provided under the contract.

Interest on holdback

10(3)       If a contract entered into under this Act provides for a holdback of all or a portion of the contract price, the minister must pay interest on the holdback in accordance with the regulations.

Acquiring property for transportation infrastructure

11          The minister may acquire or lease, for and in the name of the Crown, any real or personal property for the purpose of constructing or operating a provincial transportation facility. In the case of real property, the acquisition may be by expropriation.

Drainage infrastructure

12          The minister may, with the consent of the minister responsible for the administration of The Water Resources Administration Act, construct and maintain drainage infrastructure for provincial transportation facilities and may acquire land under section 11 for that purpose.

Disposal of property with approval

13(1)       Despite The Crown Lands Act, the minister may, with the approval of the Lieutenant Governor in Council,

(a) sell, lease, exchange or otherwise dispose of any real property or interest in real property acquired or held for the purposes of this Act; and

(b) sell any personal property acquired or held for the purposes of this Act.

Disposal of property without approval

13(2)       Despite subsection (1), the approval of the Lieutenant Governor in Council is not required to

(a) sell, exchange or otherwise dispose of real or personal property acquired or held for the purposes of this Act, or an interest in such property, if, in the minister's opinion, the value of the property or interest, together with the value of any other property or interest being sold or disposed of with that property or interest, is not more than the amount prescribed in the regulations;

(b) lease real property acquired or held for the purposes of this Act if, in the minister's opinion, the property's annual rental value is not more than the amount prescribed in the regulations;

(c) sell personal property acquired or held for the purposes of this Act to

(i) a municipality,

(ii) a government agency as defined in The Financial Administration Act,

(iii) a university as defined in The Advanced Education Administration Act, or

(iv) a contractor for use in constructing, maintaining or repairing

(A) a provincial transportation facility, or

(B) any infrastructure for an entity referred to in subclauses (i) to (iii); or

(d) sell sand and gravel from any Crown lands purchased or reserved for the purpose of a provincial transportation facility.

Leasing personal property

13(3)       The minister may, without the approval of the Lieutenant Governor in Council, lease any personal property acquired or held for the purposes of this Act.

"Trade-in" not a sale

13(4)       If, on a purchase of personal property from a vendor, the minister transfers a similar property with a lesser value to the vendor as part payment of the purchase price, the transfer is not a sale for the purpose of this section.

Proceeds of sand or gravel on Crown land reserved for departmental road

13(5)       Money received by the minister from the sale of sand or gravel removed from Crown lands reserved for the purposes of a departmental road must be credited to the account established in the Consolidated Fund for royalties received for the sale of sand and gravel from Crown lands.

Land dealt with under Crown Lands Act

13(6)       With the consent of the minister responsible for the administration of The Crown Lands Act, the minister may, by written order, direct that land acquired or held by the minister and no longer required for the purposes of this Act, or any land used or reserved for a highway closed by the minister, be dealt with under The Crown Lands Act. Immediately upon such an order becoming effective, the land becomes subject to the control and management of the minister responsible for the administration of that Act.

Agreement re highway outside Manitoba

14(1)       The minister may, on behalf of the government and with the approval of the Lieutenant Governor in Council, enter into an agreement with the government of Canada, of another province or of a state that shares a border with Manitoba respecting

(a) the acquisition and use of land for a highway that is partly or wholly outside of Manitoba; and

(b) the construction, maintenance and repair of such a highway.

Power to carry out agreement

14(2)       The minister may do anything the minister considers necessary to carry out an agreement entered into under subsection (1).

Funding agreements

15          The minister may, on behalf of the government, enter into an agreement with a municipality, local government district, airport commission, council as defined in The Northern Affairs Act, or with any person, to

(a) construct, operate, maintain or repair a highway, airport, runway, dock or ferry fully or partially at the government's expense; or

(b) to fully or partially fund the construction, operation, maintenance or repair of a highway, airport, runway, dock or ferry.

Use of bridges, etc.

16          The minister may, on behalf of the government and with the approval of the Lieutenant Governor in Council, enter into an agreement with any person for

(a) the use of any bridge, pier, ferry or right-of-way belonging to that person; and

(b) the payment, by the government, of any portion of the cost of construction, maintenance or repair of that bridge, pier, ferry or right-of-way.

PART 3

DEPARTMENTAL ROADS AND
PROTECTION OF HIGHWAYS

DEPARTMENTAL ROADS

Intersection of P.T.H. and other highway

17(1)       At the intersection of a provincial trunk highway with another type of highway, the continuation of the provincial trunk highway across the intersection, including any bridge or drainage infrastructure on or under the provincial trunk highway, is part of the provincial trunk highway.

Intersection of provincial road and other highway

17(2)       At the intersection of a provincial road with another type of highway that is not a provincial trunk highway or a provincial road, the continuation of the provincial road across the intersection, including any bridge or drainage infrastructure on or under the provincial road, is part of the provincial road.

Intersection of departmental road and other highway

17(3)       At the intersection of a departmental road other than a provincial trunk highway or a provincial road with another type of highway that is not a departmental road, the continuation of the departmental road across the intersection, including any bridge or drainage infrastructure on or under the departmental road, is part of the departmental road.

Municipal responsibility for certain infrastructure

18          Despite section 3, with respect to any portion of a departmental road located in a municipality,

(a) the municipality is responsible for the construction, maintenance and repair of any sidewalks, poles, sewers, waterworks and other municipal infrastructure on, over or under that portion of the departmental road; and

(b) the municipality is liable for any damages arising out of a structure referred to in clause (a) as if the ownership and control over the departmental road were vested in the municipality.

Municipal responsibility for highway when declaration ceases

19          When any portion of a highway in a municipality ceases to be a provincial trunk highway or a provincial road but is not closed under section 23, the municipality becomes responsible for the control, maintenance and repair of that portion.

Limited-access highways

20          The following departmental roads are limited-access highways:

(a) provincial trunk highways, except to the extent that they are exempted by regulation;

(b) other departmental roads to the extent that they are designated by regulation as limited-access highways.

Termination of access on highway becoming limited-access highway

21(1)       When a departmental road becomes a limited-access highway, any rights of access to the highway terminate, except in respect of an access that exists at the time the departmental road becomes a limited-access highway and that has not been closed under subsection (2).

Closing access

21(2)       The minister may, by written order, close an access to a departmental road that exists when the departmental road becomes a limited-access highway.

Termination of access on highway becoming freeway

21(3)       When a departmental road is designated as a freeway, any rights of access to the departmental road terminate.

Compensation or alternate access

21(4)       If land adjacent to a departmental road becomes inaccessible from that departmental road as a result of subsection (1), (2) or (3), the minister must either

(a) provide a service road or other reasonable alternate means of accessing that land; or

(b) pay compensation in accordance with subsection (5) to any person that holds an interest in that land.

Compensation for loss of access rights

21(5)       If compensation is payable to a person under clause (4)(b),

(a) the minister may enter into a compensation agreement with the person; or

(b) if the minister is unable to reach an agreement, under clause (a) the matter must be submitted to arbitration to be conducted in accordance with The Arbitration Act.

Controlled areas

22(1)       Subject to the regulations, the following areas adjacent to a departmental road are controlled areas:

(a) in the case of a departmental road other than a limited-access highway or a freeway, the area on each side of the highway that is within 38.1 m of the outer edge of the road allowance, but only if the highway is located outside

(i) the City of Winnipeg, and

(ii) an urban municipality established or continued under The Municipal Act, including, for certainty, a city with a special charter;

(b) in the case of a limited-access highway or freeway,

(i) the area on each side of the highway that is within 38.1 m of the outer edge of the road allowance, and

(ii) any additional area established as a controlled area under the regulations.

Notice requirement

22(2)       When land becomes a controlled area, the minister must provide notice

(a) by advertisement in the Manitoba Gazette or on the department's website; and

(b) by registered mail to the owner of each affected parcel of land.

No compensation for land becoming controlled area

22(3)       No compensation is payable or may be paid to any person as a result of land becoming a controlled area.

Closing of highway or road allowance

23(1)       The minister may, by written order, close all or a portion of a highway or road allowance if it is no longer required as or for a highway or is to be relocated or resurveyed.

Registration of order in L.T.O.

23(2)       The minister may register an order made under subsection (1) in the proper land titles office.

Disposal of land

23(3)       If a highway or road allowance is closed under subsection (1), the land used or reserved for the highway or road allowance may

(a) be disposed of in accordance with section 13; or

(b) by order of the Lieutenant Governor in Council, be conveyed or vested as directed in the order.

Filing of vesting order in council in L.T.O.

23(4)       An order made under clause (3)(b) vesting land in any person operates as a grant or transfer of the land from the Crown to that person upon the registration of a certified copy of the order in the proper land titles office.

Effect of vesting in owner of adjoining land

23(5)       If land is vested in the owner of adjoining land as a result of an order made under clause (3)(b), the land is vested, and any title under The Real Property Act must be issued, subject to any mortgage, encumbrance, lien or charge to which the adjoining land is subject.

Landscaping on or next to departmental roads

24(1)       On a departmental road or on property acquired under subsection (2), the minister may

(a) plant and maintain trees, shrubs, plants or lawns; or

(b) erect and maintain snow fences.

Acquiring property for managing snow drift

24(2)       For the purpose of reducing or preventing the drifting of snow onto a departmental road, the minister may, in accordance with section 11, acquire property adjacent to a departmental road.

Cost of work

24(3)       The cost of any work undertaken on or adjacent to the departmental road forms part of the cost of constructing, maintaining or repairing the departmental road.

Snow fences on private property

25(1)       Between September 30 of a year and June 1 of the next year, the minister may, for the purpose of reducing or preventing the drifting of snow onto a departmental road, enter onto any land that is within 90 m of the departmental road and erect, maintain, remove or replace snow fences.

No compensation for snow fences

25(2)       No person has a right to compensation or damages in respect of the erection, presence, maintenance or removal by the minister of a snow fence on private property.

Snow fences deemed public works

25(3)       A snow fence erected by the minister under subsection (1) is deemed to be a public work under the control of the minister.

Removal or interference prohibited

25(4)       A person must not

(a) remove or destroy a snow fence erected by the minister;

(b) interfere with the erection, maintenance, removal or replacement of a snow fence by the minister; or

(c) refuse access to land on which a snow fence may be erected, maintained, removed or replaced under subsection (1) to a person exercising a power under this section.

FUNDING OF HIGHWAY CONSTRUCTION

Contribution agreements for municipal roads

26(1)       To assist in the construction, maintenance or repair of a highway in a municipality, other than a departmental road, the minister may, on behalf of the government, enter into an agreement with that municipality to do one or more of the following:

(a) supply some or all of the materials or labour, or both, at the government's expense or at the expense of the municipality;

(b) pay for some or all of the costs incurred by the municipality for the construction, maintenance or repair of the highway.

Municipal responsibility for maintenance

26(2)       Unless the agreement states otherwise, the municipality is responsible for maintaining the highway and must keep it properly maintained.

Power of minister to maintain

26(3)       If the minister is of the opinion that a municipality is not properly maintaining the highway,

(a) the minister may perform any work necessary to properly maintain the highway, or cause such work to be performed; and

(b) the cost of the work is a debt due to the government by the municipality.

Highways in unorganized territory

27          In respect of a highway in unorganized territory, the minister may, on behalf of the government, enter into an agreement with a school district or person to construct, maintain or repair the highway partially or wholly at the school district's or person's expense.

PROTECTION OF HIGHWAYS

Permit for accesses and objects on or near departmental road

28(1)       Subject to the regulations, a person must not do any of the following unless the minister has issued a permit for the activity:

(a) construct, modify or relocate an access or intensify its use;

(b) construct, modify or relocate a structure, or change or intensify the use of a structure,

(i) on or across a departmental road, or

(ii) in a controlled area;

(c) plant a tree within 15 m of a departmental road located outside

(i) the City of Winnipeg, and

(ii) an urban municipality or local urban district established or continued under The Municipal Act, including, for certainty, a city having a special charter;

(d) keep

(i) an access or structure that was constructed, modified or relocated, or whose use was intensified, in violation of clause (a) or (b), or

(ii) a tree planted in violation of clause (c).

Exemption

28(2)       Despite subsection (1), a person may, without a permit,

(a) post a notice as required under section 170 of The Planning Act; or

(b) make reasonably necessary repairs to an existing structure in a controlled area.

Applications for permit

28(3)       An application for a permit under subsection (1) must be accompanied by any plans, drawings, designs and specifications that the minister requires.

Issuance of permit

28(4)       The minister may issue a permit for any of the activities set out in subsection (1) on terms and conditions that the minister considers appropriate.

Suspension or cancellation of permit

28(5)       If a person to whom the minister has issued a permit under subsection (4) fails to comply with any term or condition of the permit, the minister may

(a) suspend the permit for a stated period of time or until a term or condition has been met; or

(b) cancel the permit.

Power of entry

28(6)       For the purpose of investigating any matter relating to a permit or an application for a permit, the minister may enter onto the land or premises to which the permit or application relates without the consent of the permit holder, applicant, or owner or lessee of the land or premises.

Interference prohibited

28(7)       A person must not obstruct, hinder or interfere with the exercise of the minister's power under subsection (6).

Permission for activities on a departmental road

29          Subject to the regulations, a person must not do any of the following without the permission of the minister:

(a) deposit any material on a departmental road;

(b) discharge water onto a departmental road or into any drainage infrastructure that forms part of a departmental road;

(c) plant anything on a departmental road.

Removal orders

30(1)       The minister may order a person who violates section 28 or 29 to remove the unauthorized object within the time specified by the minister.

Service of removal order

30(2)       A removal order made under this section may be served in person or by registered mail to the last known address of the person named in the order.

Removal of accesses or objects near a departmental road

30(3)       The minister may remove an access, structure or tree constructed, kept, used or planted in violation of section 28 if

(a) the minister has issued a removal order to a person in respect of the object and the person has not complied with the order within the time specified in the order; or

(b) despite reasonable efforts, the minister cannot determine who owns or controls the object.

Removal of objects from departmental road

30(4)       The minister may remove anything deposited or planted in violation of section 29 whether or not the minister has issued an order for its removal under subsection (1).

Cost of removal

30(5)       Any cost incurred by the minister under subsection (3) or (4) is a debt due to the government

(a) by the person or persons named in the order made under subsection (1); or

(b) if the object was removed without an order being issued, by the person who owned or controlled the object.

If two or more persons are liable for the debt, they are jointly and severally liable for it.

Abandonment of vehicles or equipment

31(1)       A person must not abandon a vehicle or equipment on a departmental road.

Permanent removal of abandoned vehicles or equipment

31(2)       If a vehicle or equipment has been abandoned on a departmental road,

(a) the minister or a peace officer may permanently remove it and

(i) place it in storage,

(ii) place it on any unoccupied Crown land, or

(iii) dispose of it in the manner the minister directs;

(b) the minister may recover the cost of the removal, storage or disposal from the owner of the vehicle or equipment as a debt due to the government; and

(c) neither the owner of the vehicle or equipment nor any person having an interest in it has a right to any compensation or damages arising from the vehicle or equipment being removed, stored or disposed.

When vehicle or equipment deemed abandoned

31(3)       A vehicle or equipment that has been left on a departmental road for a continuous period of 30 days is deemed to be abandoned.

Removal agreements

32          The minister may, on behalf of the government, enter into an agreement with the owner of land adjacent to a departmental road for the removal of a structure or object, or a tree, shrub or other plant, on or under the land if the minister is of the view that its presence may

(a) create a safety hazard to any person;

(b) damage or pose a risk of damage to the departmental road; or

(c) result in snow drifting onto or accumulating on the departmental road.

Temporary moving of vehicles or equipment

33          If a vehicle or equipment parked or left on a departmental road interferes with the construction, maintenance or repair of the road or creates a safety hazard or hindrance to traffic,

(a) the minister may move the vehicle or equipment to the nearest location where it does not interfere with the construction, maintenance or repair of the road or create a safety hazard or hindrance to traffic; and

(b) neither the owner of the vehicle or equipment nor any person having an interest in it has a right to any compensation or damages arising from it being moved.

Temporary road closings

34(1)       The minister may

(a) temporarily close a departmental road for as long as the minister considers advisable to conduct maintenance, repairs or other work on the road or to protect against a safety hazard; and

(b) erect signs, notices or barriers to prevent people from using the road while it is closed.

Prohibition re closed roads

34(2)       A person must not

(a) use a departmental road closed under subsection (1); or

(b) remove a sign, notice or barrier erected under subsection (1).

No liability to person using closed road

34(3)       A person using a departmental road closed under subsection (1) does so at his or her own risk and has no right to compensation or damages against the minister, the government, or any officer, employee or agent of the government for any injuries or damages sustained while using the road.

Liability to government

34(4)       A person who uses a departmental road closed under subsection (1) or removes a sign, notice or barrier erected under that subsection is liable to the government for

(a) any damage to the departmental road, sign, notice or barrier sustained as a result of the person's actions; and

(b) any claim against the government arising out of the person's actions.

Alternative routes

34(5)       If a departmental road is closed under subsection (1) or is undergoing any construction, maintenance or repair,

(a) the minister may

(i) provide, construct, maintain or repair an alternative route for traffic, which may include a highway under the jurisdiction of a municipality, and

(ii) enter into an agreement with a municipality for the purpose of providing, constructing, maintaining or repairing an alternative route and for the payment of the associated costs; and

(b) any expenditure incurred under this subsection is to be treated as a cost of the work being done on the departmental road.

Prohibition re damage to departmental roads

35(1)       A person must not

(a) drive or tow any vehicle, trailer or object on a departmental road in a manner that causes, or is likely to cause, damage to the departmental road; or

(b) wilfully or negligently damage a departmental road or make it difficult or impossible to use.

Liability to government

35(2)       A person who violates subsection (1) is liable to the government for

(a) any damage to the departmental road sustained as a result of the violation; and

(b) any claim against the government arising out of the violation.

PART 4

MANITOBA TRUCKING PRODUCTIVITY

IMPROVEMENT FUND

Manitoba Trucking Productivity Improvement Fund continued

36(1)       The Manitoba Trucking Productivity Improvement Fund is continued for the purpose of funding, or supplementing the funding of,

(a) highway rehabilitation to remedy accelerated deterioration attributed to overweight or overdimensional vehicle traffic;

(b) improvements in the load-carrying capacity, productivity and safety of highways; and

(c) other projects or initiatives that are prescribed in the regulations and are for the benefit of Manitobans and the trucking industry.

Deposit in the Consolidated Fund

36(2)       Money in the fund must be deposited in a separate, interest-bearing account in the Consolidated Fund in trust for the fund. Separate accounts in the fund may be established for money intended for particular projects or initiatives, or received from particular sources.

Payments into the fund

36(3)       Despite The Financial Administration Act, the following must be paid directly into the fund:

(a) permit fees paid under The Highway Traffic Act in respect of overweight or overdimensional vehicles prescribed in the regulations as payable into the fund, or any portion of such fees prescribed in the regulations as payable;

(b) monetary penalties imposed under clause 322.1(3)(d) of The Highway Traffic Act prescribed in the regulations as payable into the fund, or any portion of such penalties prescribed as payable;

(c) contributions made by private sector contributors, or other governments, by arrangement or agreement with the government in relation to rehabilitating or improving specific highways or portions of highways, or specific highway infrastructure;

(d) any other amounts prescribed in the regulations as payable into the fund;

(e) interest and other income accruing to the fund.

Managing the fund and paying expenses

36(4)       The fund is to be managed by the minister, who may authorize payments from the fund to meet the administrative expenses of operating the fund.

Other payments out of the fund

36(5)       When money is appropriated for a purpose of the fund, the minister may authorize a payment from the fund to offset the expenditure in whole or in part.

Audit

36(6)       The accounts and transactions of the fund must be audited annually by an auditor, who may be the Auditor General, appointed by the Minister of Finance. The cost of the audit is an administrative expense of operating the fund.

Fiscal reporting

36(7)       Each year, the minister must cause a financial statement of the fund to be prepared, which is to be included in the annual report of the department over which the minister presides.

Agreements about contributions to the fund

36(8)       The minister may enter into agreements with private sector contributors or governments about contributions to be paid into the fund under clause (3)(c) and how the contributions are to be used.

PART 5

GENERAL

Crown bound

37          The Crown is bound by this Act.

Delegation by minister

38          The minister may delegate to a person employed in the minister's department the exercise of any power, duty or function of the minister under this Act, except the power to make regulations.

Evidence — plans, maps etc.

39(1)       In a prosecution for an offence under this Act, or in an action brought to enforce any provision of this Act, the following are admissible into evidence as prima facie proof of their contents:

(a) a plan of survey certified as correct by a qualified member of the Association of Manitoba Land Surveyors or by a qualified member of the Association of Professional Engineers and Geoscientists of the Province of Manitoba;

(b) a plan or map made from an aerial survey and certified as correct by a qualified member of the Association of Manitoba Land Surveyors or by a qualified member of the Association of Professional Engineers and Geoscientists of the Province of Manitoba;

(c) a photograph, certified as to the date on which it was taken, and the location at which it was taken, by the person taking the photograph and by

(i) a qualified member of the Association of Manitoba Land Surveyors, or

(ii) a qualified member of the Association of Professional Engineers and Geoscientists of the Province of Manitoba.

Certified documents

39(2)       A document certified by the minister to be a true copy of any map, plan, order, correspondence or other document signed by the minister is admissible in evidence in any legal proceeding in the same manner as the original document.

Regulations — Lieutenant Governor in Council

40(1)       The Lieutenant Governor in Council may make regulations

(a) prescribing an amount for the purpose of subsection 9(3);

(b) prescribing when and at what rate interest is payable under subsection 10(3);

(c) prescribing amounts for the purpose of clauses 13(2)(a) and (b);

(d) prescribing circumstances or terms and conditions under which the minister may sell, exchange, dispose of or lease property without the approval of the Lieutenant Governor in Council;

(e) prescribing circumstances or terms and conditions under which the minister may enter into an agreement under section 14 without the approval of the Lieutenant Governor in Council;

(f) prescribing fees payable in respect of permits, licences or applications under this Act;

(g) respecting the operation and administration of the Manitoba Trucking Productivity Improvement Fund, including prescribing

(i) additional projects and initiatives for which money from the fund may be used,

(ii) fees or penalties, or portions of fees or penalties, that are to be paid into the fund, and

(iii) other amounts that are to be paid into the fund;

(h) defining a word or phrase used but not defined in this Act;

(i) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act.

Regulations — minister

40(2)       The minister may make regulations

(a) exempting anything from the definition "structure" for the purposes of this Act;

(b) declaring an existing or proposed highway to be a provincial trunk highway or provincial road;

(c) assigning a number to a provincial trunk highway or a provincial road;

(d) exempting all or a portion of a provincial trunk highway from being a limited-access highway;

(e) designating all or a portion of a departmental road as a limited-access highway;

(f) designating all or a portion of a departmental road as a freeway;

(g) exempting any area from being a controlled area;

(h) in respect of a limited-access highway or freeway, designating as a controlled area an area not exceeding

(i) at an intersection between the limited-access highway or freeway and another highway, the area outside the right-of-way of the limited-access highway or freeway that is within a radius of 457.2 m from the point at which the centre lines of the roadways of the two highways, measured from the curbs or, in the absence of curbs, from the edges of the roadway, intersect, or

(ii) in any other case, the area outside the right-of-way of the limited-access highway or freeway that is within 76.2 m from the outer edge of the right-of-way on each side of the limited-access highway or freeway;

(i) respecting the form of permits issued by the minister and the terms and conditions on which such permits may be issued;

(j) exempting activities on a departmental road or in a controlled area from a permit or approval requirement under this Act;

(k) respecting standards, specifications and requirements in respect of the construction, modification, relocation or use of an access to a departmental road or of a structure in a controlled area.

PART 6

TRANSITIONAL, CONSEQUENTIAL,
REPEAL, C.C.S.M. REFERENCE
AND COMING INTO FORCE

TRANSITIONAL PROVISIONS

Definitions

41          The following definitions apply in sections 42 to 48.

"former Act" means any of the following as they read immediately before being repealed by this Act:

(a) The Highways and Transportation Act, R.S.M. 1987, c. H40;

(b) The Highways Protection Act, R.S.M. 1987, c. H50. (« loi antérieure »)

"traffic board" means The Highway Traffic Board continued under The Highways Protection Act, as that Act read immediately before the coming into force of this section. (« Conseil routier »)

Permits and permissions

42(1)       A permit or permission issued under the authority of a former Act that is in effect on the day this section comes into force is deemed to be a permit or permission issued under this Act and is to be dealt with in accordance with this Act.

Terms and conditions continue

42(2)       If a permit described in subsection (1) was issued subject to an expiry date or to one or more conditions, the permit is continued subject to that expiry date or those conditions.

Transitional — tenders

43          If the closing date for a response to an invitation to tender issued under the former Act is on or after the coming into force of this section, the tender is to be dealt with in accordance with this Act.

Dissolution of traffic board

44           On the coming into force of this section,

(a) the traffic board is dissolved;

(b) the appointments of the members of the traffic board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;

(c) the rights and property of the traffic board are transferred to the government and all of its liabilities and obligations are assumed by the government; and

(d) a legal proceeding or action that has been commenced or may be commenced by or against the traffic board may be continued or commenced by or against the government.

Proceedings before traffic board

45          On the coming into force of this section, any application to, or proceeding before, the traffic board under a former Act in respect of which the traffic board has not issued a decision when this section comes into force is deemed to be abandoned.

Appeals

46          If, on the coming into force of this section, the traffic board has issued a decision in respect of which a former Act provides a right of appeal to The Public Utilities Board, and the time period for appealing the decision under the former Act has not yet expired, the right to appeal continues and The Public Utilities Board may deal with the appeal as if the former Act remained in force.

Regulations — transitional matters

47(1)        The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition from the former Act to this Act.

Retroactivity

47(2)        A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

Regulations continued

48          The following regulations made under a former Act are continued under this Act as if they had been made under this Act:

(a) the Declaration of Provincial Roads (Access Roads) Regulation, Manitoba Regulation 414/88 R;

(b) the Declaration of Provincial Roads Regulation, Manitoba Regulation 413/88 R;

(c) the Declaration of Provincial Trunk Highways Regulation, Manitoba Regulation 415/88 R.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. E190 amended

49           Subsection 25(2) of The Expropriation Act is amended by striking out "of The Highways and Transportation Act or The Highways Protection Act" and substituting "of The Transportation Infrastructure Act".

C.C.S.M. c. G50 amended

50           Subsections 24(1) and 33(2) of The Gas Pipe Line Act are amended by striking out "in The Highways and Transportation Act" and substituting "in The Transportation Infrastructure Act".

C.C.S.M. c. M225 amended

51(1)        The Municipal Act is amended by this section.

51(2)        Section 285 is amended, in the part after clause (b), by striking out "in The Highways and Transportation Act" and substituting "in The Transportation Infrastructure Act".

51(3)        Subsection 290(2) is amended by striking out "of The Highways and Transportation Act" and substituting "of The Transportation Infrastructure Act".

C.C.S.M. c. N100 amended

52(1)        The Northern Affairs Act is amended by this section.

52(2)        The definition "community road" in section 1 is amended, in the part after clause (b), by striking out "in The Highways and Transportation Act" and substituting "in The Transportation Infrastructure Act".

52(3)        Subsection 69(2) is amended by striking out "of The Highways and Transportation Act" and substituting "of The Transportation Infrastructure Act".

C.C.S.M. c. N110 amended

53           Subsections 3(3) and (4) of The Noxious Weeds Act are amended by striking out "in The Highways and Transportation Act" and substituting "in The Transportation Infrastructure Act".

C.C.S.M. c. O31 amended

54          The definition "departmental road" in subsection 1(1) of The Off-Road Vehicles Act is amended by adding "and" at the end of clause (b), striking out "and" at the end of clause (c) and repealing clause (d).

C.C.S.M. c. O34 amended

55(1)        The Oil and Gas Act is amended by this section.

55(2)       The definition "highway" in subsection 1(1) is replaced with the following:

"highway" means a departmental road as defined in The Transportation Infrastructure Act; (« route »)

55(3)        Subsection 84(4) and clause 155(a) are amended by striking out "of The Highways and Transportation Act" and substituting "of The Transportation Infrastructure Act".

C.C.S.M. c. P280 amended

56          Subsections 63(2) and 94(2) of The Public Utilities Board Act are repealed.

C.C.S.M. c. P300 amended

57           Section 1 of The Public Works Act is amended

(a) in the definition "public work", in the part after clause (b),

(i) by striking out "or road",

(ii) by striking out "in The Highways and Transportation Act" and substituting "in The Transportation Infrastructure Act", and

(iii) by striking out "under The Highways and Transportation Act" and substituting "under The Transportation Infrastructure Act"; and

(b) in the definition "work", by striking out "in The Highways and Transportation Act" and substituting "in The Transportation Infrastructure Act".

C.C.S.M. c. R30 amended

58          Clause 58(1)(m) of The Real Property Act is replaced with the following:

(m) any limitation or restriction under The Transportation Infrastructure Act or a permit issued under that Act.

C.C.S.M. c. T140 amended

59          Section 2 of The Trans-Canada Highway Act is amended by striking out "of The Highways and Transportation Act" and substituting "of The Transportation Infrastructure Act".

C.C.S.M. c. W128 amended

60           Clause 20(3)(b) of The Wildfires Act is amended by striking out "of The Highways and Transportation Act" and substituting "of The Transportation Infrastructure Act".

REPEALS

Acts and unproclaimed provisions repealed

61          The following Acts and provisions are repealed:

(a) The Highways and Transportation Act, R.S.M. 1987, c. H40;

(b) The Highways Protection Act, R.S.M. 1987, c. H50;

(c) The Highways Protection and Consequential Amendments Act, S.M. 1992, c. 38 (unproclaimed Act);

(d) section 49 and subsection 88(4) of The Statute Law Amendment Act, 2000, S.M. 2000, c. 35 (unproclaimed provisions).

Regulations repealed — Highways Protection Act

62(1)       The following regulations under The Highways Protection Act are repealed:

(a) the Control Lines Establishment and Limited Access Designations Regulation, Manitoba Regulation 569/88 R;

(b) the Limited Access Highways Application Fee Order, Manitoba Regulation 39/87;

(c) the Permits for Location of Structures in Controlled Areas Regulation, Manitoba Regulation 42/89.

Regulations repealed — Highways and Transportation Act

62(2)       The following regulations under The Highways and Transportation Act are repealed:

(a) the Construction and Surface Maintenance of Access Crossings to Departmental Roads Regulation, Manitoba Regulation 412/88 R;

(b) the Highways and Transportation Department Contracts Regulation, Manitoba Regulation 248/96;

(c) the Highways and Transportation Department Permit Application Fees Regulation, Manitoba Regulation 477/88.

C.C.S.M. REFERENCE AND
COMING INTO FORCE

C.C.S.M. reference

63          This Act may be referred to as chapter T147 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

SCHEDULE B

THE HIGHWAY TRAFFIC
AMENDMENT ACT

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

1           The Highway Traffic Act is amended by this Schedule.

2           Subsection 1(1) is amended

(a) by repealing the definitions "commercial truck", "drive-away unit", "equipment", "farm tractor", "farm trailer", "implement of husbandry", "industrial road", "limited-use commercial truck", "limited-use public service vehicle", "mobility vehicle", "passenger vehicle", "public service vehicle", "reduced restricted speed area", "regulated school bus", "safety studded tires", "semi-trailer", "semi-trailer truck", "snow vehicle", "special mobile machine", "tractor", "traffic board", "transport board", "truck", "truck tractor" and "turning signal lamps";

(b) by adding the following definitions:

"agricultural equipment" means a vehicle designed and used primarily in agricultural, horticultural or livestock operations, but excludes

(a) any vehicle designed primarily for transporting passengers, cargo or vehicles other than agricultural equipment on a highway, and

(b) a garden tractor, lawnmower or lawn tractor; (« matériel agricole »)

"bus" means a motor vehicle designed to carry 11 or more persons including the driver; (« autobus »)

"infrastructure equipment" means a vehicle that is

(a) designed and used primarily for the purpose of constructing or repairing a highway, building or structure and operated on a highway only incidentally, or

(b) operated on a highway for the purpose of grading, scraping, sweeping, cleaning, snow-clearing or otherwise maintaining the surface of a highway,

but excludes any vehicle designed primarily for the transport of passengers or cargo on a highway, even if an apparatus that may be used for the purpose of clause (a) or (b) is mounted on the vehicle; (« matériel de chantier »)

"service road" means a roadway that is

(a) located between the primary roadway of a highway and the boundary lines of that highway, and

(b) used or intended to be used to provide access to land adjacent to the highway that is not accessible from the primary roadway of the highway; (« voie de service »)

"urban municipality" means a municipality established or continued as an urban municipality under The Municipal Act, and, for certainty, includes a city (other than The City of Winnipeg) that has a special charter; (« municipalité urbaine »)

(c) by replacing the definitions "farm truck", "motor vehicle", "regulated vehicle", "restricted speed area", "traffic control device" and "trailer" with the following:

"farm truck" means a motor vehicle that is owned by a farmer and designed primarily to transport cargo and not passengers; (« camion agricole »)

"motor vehicle" means a self-propelled vehicle other than

(a) agricultural equipment,

(b) infrastructure equipment,

(c) an off-road vehicle, and

(d) a power-assisted bicycle; (« véhicule automobile »)

"regulated vehicle" means, subject to the regulations,

(a) a motor vehicle or trailer that has a registered gross weight of 4,500 kg or more, or

(b) a bus; (« véhicule réglementé »)

"restricted speed area" means an area designated as a restricted speed area under section 94.1; (« zone de limitation de vitesse »)

"traffic control device" means a sign, signal, light, marking or device approved under the regulations or authorized under subsection 81(3) to be used

(a) as a traffic control device, and

(b) for a specified purpose; (« dispositif de signalisation »)

"trailer" means a vehicle designed primarily to carry cargo and to be towed on a highway by a motor vehicle, but does not include towed agricultural equipment or towed infrastructure equipment; (« remorque »)

(d) in the definition "back lane", by striking out "any city, town or village or restricted speed area or reduced restricted speed area" and substituting "the City of Winnipeg, an urban municipality or a restricted speed area";

(e) in the definition "motorcycle", in the part after clause (f), by striking out ", power-assisted bicycle or tractor" and substituting "or power-assisted bicycle";

(f) in the definition "pedestrian corridor", in the part after clause (b), by striking out "in regulations made by the traffic board" and substituting "in the regulations";

(g) in the definition "provincial highway", by striking out "The Highways and Transportation Act" and substituting "The Transportation Infrastructure Act"; and

(h) in clause (d) of the English version of the definition "traffic authority", by striking out ", in an Indian Reserve" and substituting "in an Indian Reserve,".

3           Section 4.1 is repealed.

4           Subsection 24(1.1) is amended by striking out everything before "unless the person" and substituting the following:

Licence required to drive equipment

24(1.1)     No person shall drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area,

5           Section 26.3 is amended by striking out "an implement of husbandry, special mobile machine or tractor" and substituting "agricultural equipment or infrastructure equipment".

6           The heading for Part III is replaced with "VEHICLE AND EQUIPMENT STANDARDS".

7           The centred heading before section 34.1 and sections 34.1 to 46 are repealed.

8           Section 47 is renumbered as section 107.1 and the centred heading "SPEEDOMETER TESTING" is added before it.

9           The centred heading before section 48 and sections 48 to 58 are repealed.

10          Section 59 is replaced with the following:

Compliance with vehicle and equipment requirements

59          Every vehicle operated on a highway must conform to the standards and specifications and be equipped in the manner set out in the regulations.

11          Subsections 61(4) to (7) are repealed.

12          The centred heading before section 62 and section 62 are repealed.

13          Subsection 63(2) is amended

(a) in the English version of the section heading, by adding "motor" after "between"; and

(b) by adding "motor" after "between a".

14          Subsection 64(1) is amended

(a) in the part before clause (a), by striking out "any city, town or village" and substituting "the City of Winnipeg, an urban municipality or a restricted speed area"; and

(b) in clause (a) of the French version, by striking out "derrière par un" and substituting "derrière au moyen d'un".

15(1)       The definitions "provincial road" and "provincial trunk highway" in subsection 68(1) are amended by striking out "The Highways and Transportation Act" and substituting "The Transportation Infrastructure Act".

15(2)       Subsection 68(4) is amended, in the part before clause (a), by striking out "or on or over an industrial road or part or subdivision thereof,".

15(3)       Subsection 68(7) is amended by striking out "traffic board" and substituting "minister".

16          Section 69 is repealed.

17          Section 70 is amended by striking out "motor" in the section heading and in the section.

18          Subsection 72(2) is amended, in the part before clause (a), by striking out "or an offence under subsection 86(5.5)".

19(1)       Subsection 77(1) is amended

(a) in the part before clause (a), by striking out "maximum rate of speed permissible" and substituting "speed limit"; and

(b) in clause (a), by striking out "maximum rate of speed" and substituting "speed limit".

19(2)       Subsection 77(2) is repealed.

19(3)       Subsection 77(3) is amended

(a) in the part before clause (a), by striking out "under subsection 97(1)" and substituting "as a restricted speed area";

(b) in clause (a), by striking out "maximum speed permissible therein is 50 kilometres per hour" and substituting "speed limit is 50 km/h"; and

(c) in clause (b), by striking out "maximum speed" and substituting "speed limit".

19(4)       Subsection 77(4) is amended

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

(a) on which the speed limit is greater than or lower than 50 km/h; and

(b) in clause (c),

(i) by striking out "maximum speed permissible" and substituting "speed limit", and

(ii) by striking out "kilometres per hour" and substituting "km/h".

19(5)       Subsections 77(5) and (6) are replaced with the following:

Signs re speed limit in back lanes

77(5)       If a speed limit has been fixed for back lanes in a municipality, the municipality is deemed to be in compliance with subsection (1) if the municipality erects a traffic control device, at each point where a highway crosses a municipal boundary, that indicates the speed limit in back lanes within the municipality.

Signs re speed limit in parks, resorts or communities

77(6)       If a speed limit has been fixed for a highway in a park, resort or community, the traffic authority is deemed to be in compliance with subsection (1) if it erects a traffic control device at every point at which the highway enters the park, resort or community,

(a) facing traffic entering the park, resort or community and indicating the speed limit on the highway inside the park, resort or community; and

(b) facing traffic leaving the park, resort or community and indicating the speed limit on the portion of the highway immediately outside the park, resort or community.

20(1)       Clause 77.1(4)(a) is amended by striking out everything after "approved" and substituting "by regulation under this section or section 81, or authorized by the minister under section 81; and".

20(2)       Subsection 77.1(5) is amended

(a) by striking out "maximum permitted speed" wherever it occurs and substituting "speed limit", with necessary grammatical changes; and

(b) by striking out everything after "fixed under this Act.".

20(3)       Subsections 77.1(6) and (7) are amended by striking out "maximum permitted speed" wherever it occurs, and substituting "speed limit".

21(1)       Subsection 79(1) is amended by striking out ""stop" or "arrêt"" and substituting ""stop" or "arrêt stop"" in the section heading and in the section.

21(2)       Subsection 79(2) is amended

(a) by striking out ""stop" or "arrêt"" and substituting ""stop" or "arrêt stop"" in the section heading and in the section; and

(b) in the English version, by striking out "headlights" and substituting "headlamps".

21(3)       Subsection 79(7) is replaced with the following:

Four-way stops

79(7)       When a traffic authority erects four "stop" or "arrêt stop" signs at an intersection, it must also place an additional traffic control device underneath each of the signs to indicate that the intersection is a four-way stop intersection.

22          Section 81 is replaced with the following:

Traffic control devices

81(1)       A traffic authority other than the minister may erect a traffic control device on a highway only if the traffic control device and its use for the intended purpose is

(a) approved by regulation under

(i) subsection (2),

(ii) subsection 77.1(9), or

(iii) subsection 98.1(4); or

(b) authorized under subsection (3).

Regulations re traffic control devices

81(2)       The minister may make regulations

(a) approving traffic control devices;

(b) respecting the erection, placement and maintenance of traffic control devices; and

(c) respecting the purposes for which a traffic control device may be used.

Time-limited authorization for testing

81(3)       To test the efficacy of a traffic control device not approved under the regulations, the minister may authorize the device to be erected or placed on a highway and used for a period not exceeding one year.

Exception for certain devices re school zones

81(4)       Subsections (2) and (3) do not apply to traffic control devices that require approval under clause 98.1(4)(b) or (c).

23          Subsections 82(2) and (3) are repealed.

24(1)       Subsection 86(13) is repealed.

24(2)       Subsection 86(14) is amended by striking out "a traffic authority's resolution or by-law" and substituting "the resolution or by-law of a traffic authority other than the minister".

25(1)       Subsection 86.1(2) is amended

(a) by replacing the section heading with "Requirement to stop at inspection station"; and

(b) in the part before clause (a), by striking out "truck" and substituting "regulated vehicle, other than a bus,".

25(2)       Subsection 86.1(3) is amended

(a) in the English version, by replacing the section heading with "When stop not required"; and

(b) by striking out "truck" and substituting "regulated vehicle".

26(1)       Subsection 90(3) is amended

(a) by striking out "a city, town or village other than The City of Winnipeg" and substituting "an urban municipality"; and

(b) by striking out "within the city, town or village" and substituting "within the municipality".

26(2)       Subsection 90(5) is replaced with the following:

Notice of rules and by-laws

90(5)       Subject to the regulations, a traffic authority that has made a rule or by-law under subsection (1) or (3) must indicate the rule or by-law, or make it known, by traffic control devices or peace officers.

26(3)       Subsection 90(7) is amended

(a) in the section heading, by adding "and by-laws" after "rules";

(b) by adding "or by-law" after "rule" wherever it occurs; and

(c) by adding ", except when directed to do otherwise by a peace officer" at the end.

26(4)       Subsection 90(8) is amended

(a) in the section heading, by adding "and by-laws" after "rules"; and

(b) by adding "or by-law" after "rule" wherever it occurs.

26(5)       Clause 90(9)(b) is amended by striking out "to which subsection 104(1) applies".

27          The centred heading before section 95 and section 95 are replaced with the following:

RESTRICTED SPEED AREAS

Designation of restricted speed areas

94.1(1)     Subject to clause (2)(b), the following are designated as restricted speed areas:

(a) the City of Winnipeg;

(b) an urban municipality;

(c) a local urban district established or continued under The Municipal Act;

(d) any other geographic area, highway or portion of a highway designated as a restricted speed area under the regulations.

Minister's powers re restricted speed areas

94.1(2)     The minister may, by regulation,

(a) designate any geographic area, highway or portion of a highway as a restricted speed area; and

(b) exempt any geographic area, highway or portion of a highway from being a restricted speed area.

Designation or exemption

94.1(3)     A designation or exemption under subsection (2)

(a) may be permanent or limited to certain times of the year; and

(b) applies to all roadways on the applicable portion of a highway unless the regulation states otherwise.

SPEED LIMITS

Speed limits — general rule

94.2        The speed limit on any portion of a highway is 50 km/h within a restricted speed area and 90 km/h outside a restricted speed area, unless

(a) a different speed limit has been fixed under section 94.3; or

(b) the portion of the highway is a service road, in which case the speed limit is as determined under section 94.4.

Minister may fix speed limit

94.3(1)     The minister may, by regulation, fix a speed limit of up to 90 km/h for any geographic area, highway or portion of a highway for which the minister is the responsible traffic authority.

Traffic authority may fix speed limit

94.3(2)     Subject to the regulations, a traffic authority other than the minister may fix, by rule or by-law, a speed limit of up to 90 km/h for any geographic area, highway, or portion of a highway for which it is the responsible traffic authority.

Fixing speeds of 100 km/h or 110 km/h

94.3(3)     The Lieutenant Governor in Council may, by regulation, fix a speed limit of 100 km/h or 110 km/h for any highway or portion of a highway. In case of a conflict between a speed limit fixed under this subsection and one fixed under subsection (1) or (2), the speed limit fixed under this subsection prevails.

Application to different roadways on same highway

94.3(4)     A speed limit fixed under any of subsections (1) to (3) applies to all roadways on the affected portion of a highway except a service road, unless the applicable regulation, rule or by-law states otherwise.

Service roads

94.4        The speed limit on any portion of a service road is the one fixed for that portion under section 94.3 or, if no speed limit has been fixed, the lesser of

(a) the speed limit on the primary roadway on the same portion of highway as the service road; and

(b) 50 km/h if the service road is inside a restricted speed area and 90 km/h if the service road is outside a restricted speed area.

Designated construction zones and school zones

94.5        Despite any other provision in this Act, the speed limit on any portion of a highway within

(a) a designated construction zone is the speed limit established for that portion of highway under section 77.1, if one has been established under that section; and

(b) a school zone is the speed limit established for that portion of highway under section 98.1, if one has been established under that section.

Speeding offences

95(1)       A person is guilty of an offence if the person drives a vehicle on any portion of a highway

(a) at a speed greater than 90 km/h if no speed limit has been indicated by a traffic control device;

(b) at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device;

(c) in a designated construction zone at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device; or

(d) in a school zone at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device.

Duty to keep reasonable and prudent speed

95(2)       Despite driving at a speed less than or equal to the speed limit, a person is guilty of an offence if the person drives a vehicle on any portion of a highway at a speed or in a manner that

(a) is not reasonable and prudent having regard to all circumstances; or

(b) constitutes or may constitute a danger to any person on or near the highway.

28          Sections 96 to 98 are repealed.

29(1)       Subsection 98.1(1) is amended

(a) in the French version, by striking out "ordonnance" and substituting "arrêté"; and

(b) by striking out "maximum permitted speed" wherever it occurs and substituting "speed limit".

29(2)       Subsection 98.1(3) is amended by striking out "maximum permitted speed" wherever it occurs and substituting "speed limit".

29(3)       Subsection 98.1(4) is amended

(a) in paragraph (a)(ii)(B), by striking out "maximum permitted speeds"; and

(b) by striking out "maximum permitted speed" wherever it occurs and substituting "speed limit".

29(4)       Subsection 98.1(6) is replaced with the following:

Conflict

98.1(6)     If there is a conflict between the speed limit established for a school zone under this section and a speed limit established under any provision of this Act, the speed limit established under this section prevails.

30          Section 99 is amended by striking out everything before "the report of" and substituting "If a person pleads guilty to an offence under subsection 95(1),".

31(1)       Subsection 100(1) is replaced with the following:

Regulations re minimum speed

100(1)      For any highway or portion of a highway, the minister may fix a minimum permitted speed by regulation.

31(2)       Subsection 100(2) is repealed.

31(3)       Subsection 100(3) is amended

(a) by striking out "Where the traffic board makes an order" and substituting "If the minister makes a regulation";

(b) by striking out ""Stop" or "Arrêt" signs" and substituting ""Stop" or "Arrêt Stop" signs";

(c) by striking out "to which the order" and substituting "to which the regulation"; and

(d) by striking out "minimum rate of speed allowed thereon" and substituting "minimum permitted speed".

32          Section 101 is repealed.

33          Section 102 is amended

(a) in the section heading, by striking out "orders" and substituting "minimum speed requirement";

(b) in the part before clause (a),

(i) by striking out "an order" and substituting "a regulation", and

(ii) in the English version, by adding "permitted" after "minimum"; and

(c) in clauses (a) to (d) of the English version, by striking out "he" and substituting "the driver".

34          The centred heading before section 103 and sections 103 to 105 are repealed.

35(1)       Subsection 106(1) is amended, in the part before clause (a), by striking out "subsections (2), (3) and (4)" and substituting "subsections (2) and (4)".

35(2)       Subsection 106(2) is amended

(a) in the part before clause (a), by striking out "Subject to subsection (3), the" and substituting "The"; and

(b) in clause (b), by striking out everything after "complies with" and substituting "the regulations and illuminated if required to be illuminated under the regulations.".

35(3)       Subsection 106(3) is repealed.

35(4)       Subsection 106(7) is amended by striking out everything after "illuminate" and substituting "any lighting if prohibited from doing so by the regulations.".

35(5)       Subsection 106(7.1) is repealed.

35(6)       Subsection 106(8) is amended

(a) in the part before clause (a), by striking out "or in subsection 35(11.1)"; and

(b) in clause (b), by striking out "or subsection 35(11)".

36(1)       Subsection 108(3) is amended

(a) by striking out "a lane direction signal of a form approved by the Highway Traffic Board" and substituting "a traffic control device"; and

(b) by striking out "the signal" wherever it occurs and substituting "the device".

36(2)       Subsection 108(4) is amended

(a) by striking out "a lane direction signal of a form approved by the Highway Traffic Board" and substituting "a traffic control device"; and

(b) by striking out "the signal" wherever it occurs and substituting "the device".

37(1)       Subsection 109.1(1) is amended

(a) by repealing the definition "emergency beacon"; and

(b) by adding the following definition:

"emergency lamps" means the lamps required or permitted under the regulations as special equipment for a type of emergency vehicle or designated vehicle. (« feux d'urgence »)

37(2)       Subsection 109.1(2) is amended

(a) in clause (a), by striking out "emergency beacon" and substituting "emergency lamps"; and

(b) in subclause (b)(i), by striking out "an emergency beacon" and substituting "its emergency lamps".

38           Section 111 is amended by striking out "or mobility vehicle" in the section heading, in the part before clause (a) and in clause (c).

39          Subsection 113(1) is amended

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

Use of lights

113(1)      At a time when the regulations require the headlamps of a motor vehicle to be lighted, a person driving a motor vehicle on a highway

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

(b) must dim the headlamps or deflect their beams, and keep them dimmed or deflected, anytime the motor vehicle is within 450 m or less from an oncoming motor vehicle on the highway.

40(1)       Clause 116(3)(c) is amended by striking out "a city, town or village" and substituting "a restricted speed area".

40(2)       Subsection 116(4) is amended by striking out "in cities" and substituting "in an area".

41(1)       Subsection 117(2) is repealed.

41(2)       Subsection 117(5) is amended by striking out ""stop" or "arrêt" sign" wherever it occurs and substituting ""stop" or "arrêt stop" sign".

42          Subsection 122(1) is amended

(a) in clause (g), by striking out "stop or arrêt sign" and substituting ""stop" or "arrêt stop" sign";

(b) in clause (n), by striking out "city, town or village" and substituting "restricted speed area";

(c) by replacing subclause (o)(ii) with the following:

(ii) it is parked in contravention of

(A) any provision of this Act, or

(B) a rule or by-law of a traffic authority that has been passed and indicated or made known in accordance with this Act.

(d) by repealing clauses (p) and (q).

43          Clause 124.2(2)(d) is amended by striking out "emergency lamps, as described in subsection 37(13)," and substituting "hazard warning lamps, as required under the regulations,".

44(1)       Subsection 125(1) is amended by striking out "or" at the end of clause (b) and repealing clause (c).

44(2)       Subsection 125(2) is amended by striking out "or (c)".

45          Subsection 126(1) is amended, in the part before clause (a), by striking out ", moped or mobility vehicle" and substituting "or moped".

46          Section 132 is amended, in the part before clause (a), by striking out "under section 38.1" and substituting "for the emergency vehicle under the regulations".

47(1)       The definition "uncontrolled railway crossing" in subsection 134(1) is amended by striking out ""stop" or "arrêt" sign" and substituting ""stop" or "arrêt stop" sign".

47(2)       Clause 134(2)(a) is amended by striking out ""stop" or "arrêt" sign" and substituting ""stop" or "arrêt stop" sign".

47(3)       Subsection 134(5) is amended, in the section heading, by striking out "buses and trucks" and substituting "vehicles".

48          Section 137 is replaced with the following:

Operation of school bus warning lamps

137(1)      The driver of a school bus must operate all warning lamps and other warning systems on the school bus, as required under the regulations, when pupils are getting on or getting off the school bus, or are about to get on or get off the school bus.

Prohibition on passing school bus

137(2)      Subject to subsection (3), the driver of a vehicle approaching a school bus from the front or the rear must bring the vehicle to a stop not less than five m from the school bus and must not pass the school bus if any of the following equipment on the school bus required under the regulations is operating:

(a) one or more flashing red warning lamps;

(b) a warning system on the school bus indicating to approaching drivers that they must stop.

Passing school bus on divided highway

137(3)      Subsection (2) does not apply to the driver of a vehicle on a roadway that forms part of a divided highway if the school bus is located on a different roadway of the same highway.

School bus not to be operated for other purposes

137(4)      A person must not operate a school bus for a purpose other than transporting pupils to or from school unless any markings identifying the bus as a school bus are covered.

49          Subsection 141(4) is repealed.

50          Section 144 is repealed.

51(1)       Subsection 145(6) is amended by striking out "mobility vehicle,".

51(2)       Subclause 145(7)(a)(ii) is amended by striking out "mobility vehicle,".

52          Subsection 149(3) is amended by striking out "subsection 35(11) or".

53          Subsection 153(2) is amended

(a) by striking out "public service vehicle" and substituting "regulated vehicle"; and

(b) in the English version, by striking out "him" and substituting "the person".

54(1)       Subsection 160(2) is amended, in the part before clause (a), by striking out "Subject to subsection 271(5), where" and substituting "If".

54(2)       Subsection 160(3) is amended by striking out "or 271".

55          The centred heading before section 162 and sections 162 and 163 are repealed.

56(1)       Subsection 164(2) is repealed.

56(2)       Subsection 164(3) is amended by striking out "or (2)".

56(3)       Subsection 164(4) is amended by striking out "or 163".

57          Section 169 is repealed.

58(1)       Subsections 177(3) and (4) are replaced with the following:

Speed limit for agricultural equipment

177(3)      No person shall drive or tow agricultural equipment on a highway at a speed greater than the lesser of

(a) the lowest maximum rated speed set out on the sidewall of a tire of the agricultural equipment; or

(b) 70 km/h.

Speed limit for self-propelled infrastructure equipment

177(4)      No person shall drive self-propelled infrastructure equipment on a highway at a speed greater than 50 km/h.

58(2)       Subsection 177(4.1) is repealed.

59(1)       Subsection 178(1) is amended

(a) by striking out "kilometres per hour" and substituting "km/h"; and

(b) by striking out "of a type approved by the traffic board".

59(2)       Subsection 178(2) is amended

(a) in the part before clause (a), by striking out ", moped or mobility vehicle"; and

(b) in the part before clause (a) and in clause (c), by striking out "kilometres per hour" and substituting "km/h".

60          Subsection 179(1) is amended

(a) in clause (a), by adding "unless the vehicle is an emergency vehicle," at the beginning; and

(b) by striking out "or" at the end of clause (c) and repealing everything after clause (c).

61(1)       Subsection 180(1) is amended by striking out "shall register a truck" and substituting "may register a motor vehicle".

61(2)       Subsection 180(1.1) is repealed.

62(1)       Subsection 182(4) is amended, in the part before clause (a), by striking out "Subject to section 58" and substituting "Except as permitted under the regulations".

62(2)       Subsections 182(5) to (8) are repealed.

63(1)       Subsections 184(2) and (4) are repealed.

63(2)       Subsection 184(6) is amended by striking out "Subject to subsection (8), no" and substituting "No".

63(3)       Subsection 184(8) is repealed.

64          Section 185 is replaced with the following:

Mopeds not to operate on certain Provincial Trunk Highways

185(1)      Subject to subsection (2), a person must not operate a moped on a Provincial Trunk Highway on which the speed limit is more than 80 km/h.

Exception

185(2)      Subsection (1) does not apply to an operator of a moped crossing a Provincial Trunk Highway with a speed limit of more than 80 km/h if the crossing is made at an intersection and in the most direct route.

65(1)       Subsection 186(2) is repealed.

65(2)       Clause 186(12)(a) is amended by striking out "subsection (2), (3)" and substituting "subsection (3)".

65(3)       Clause 186(14)(d) is repealed.

66          Subsection 195(2) is amended by striking out "special mobile machines, tractors used for maintenance,".

67          Subsection 197.1(5) is amended by striking out "The Highways and Transportation Act" and substituting "The Transportation Infrastructure Act".

68          Section 198 is amended by striking out "truck" wherever it occurs and substituting "motor vehicle".

69          Clause 202(b) is amended by striking out "the signal lights authorized under subsection 37(8) or (13)" and substituting "any warning lamps and warning systems required for school buses under the regulations".

70          Sections 204 and 207 are repealed.

71          Subsection 210(2) is amended by striking out ""stop" or "arrêt"" wherever it occurs and substituting ""stop" or "arrêt stop"".

72          Subsection 211(1) is amended by striking out "truck" and substituting "motor vehicle".

73          Subsection 217(4) is replaced with the following:

Warning as to obstructions placed on highway

217(4)      A person who places or deposits, or causes or permits to be placed or deposited, any obstruction on a roadway at a time when the regulations require vehicle lamps to be lighted must place advance warning devices on the highway in accordance with the regulations.

74          Subsection 219(3) is repealed.

75          Subclause 221(4)(a)(i) is amended by striking out "MTS NetCom Inc." and substituting "a telecommunication service provider".

76          Section 223 is repealed.

77(1)       Subsection 225(1.2) is amended by replacing the part before clause (a) with the following:

Driving other vehicle while disqualified or prohibited

225(1.2)    No person shall drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area, while

77(2)       Subsection 225(4.1) is amended

(a) by striking out "an implement of husbandry, special mobile machine or tractor" and substituting "agricultural equipment or infrastructure equipment"; and

(b) by striking out "the municipal boundaries of a city, town, village or urban municipality" and substituting "the City of Winnipeg, an urban municipality or a restricted speed area".

78(1)       Subsection 226(1) is amended by striking out "Subject to subsection (7), no person shall" and substituting "A person must not".

78(2)       The following is added after subsection 226(1.1):

Insurance for agricultural equipment or infrastructure equipment

226(1.2)    A person must not drive agricultural equipment or infrastructure equipment on a highway unless the equipment is insured under an insurance policy, in accordance with The Insurance Act and the regulations under that Act, that

(a) is issued to the owner of the equipment;

(b) insures against damages arising from

(i) death or bodily injury, and

(ii) loss or damage to property; and

(c) despite subsection 160(4), has a minimum policy limit as prescribed in the regulations under this Act.

78(3)       Subsection 226(2) is amended, in the part before clause (a), by striking out "on a highway, no person shall" and substituting "other than agricultural equipment or infrastructure equipment on a highway, a person must not".

79          Clause 236(2)(c) is amended by striking out "204,".

80(1)       Subsections 238(2) and (2.1) are replaced with the following:

Penalty for speeding offences

238(2)      A person who is guilty of an offence under subsection 95(1) is liable to a fine of not more than $7.70 for each km/h that the vehicle was driven over the speed limit at the place where the offence was committed.

Speeding in a designated construction zone

238(2.1)    In addition to the penalty set out in subsection (2), a person who is guilty of an offence under clause 95(1)(c) (speeding in a designated construction zone) is liable to a further fine of $7.70 for each km/h that the vehicle was driven over the speed limit at the place where the offence was committed.

80(2)       Clause 238(2.2)(b) is amended by striking out "maximum permitted speed" and substituting "speed limit".

80(3)       Subsection 238(3) is amended

(a) in the part before clause (a), by striking out "or (2), or subsection 98(5) or (7)"; and

(b) by striking out everything after "suspend the licence of the person" and substituting "for a period of not more than one year.".

81          Clause 239(1)(c) is amended, in the part before subclause (i), by striking out ", the traffic board, the transport board".

82          The centred heading before section 241 and section 241 are repealed.

83          Clause 242(1)(b) is amended by striking out everything after "complies with the" and substituting "vehicle and equipment standards for the motor vehicle set out in the regulations.".

84          Clauses 242.1(3)(a) and 242.4(8)(a) are amended by striking out "subsection 319(1)" and substituting "section 319".

85          Subsections 247(2) and (3) are amended by striking out "section 155, 156 or 159" and substituting "section 155 or 159".

86(1)       Subsection 250(1) is amended

(a) by replacing the section heading with "Description of careless driving offence"; and

(b) by striking out "subsection 95(3) or 188(2)" and substituting "subsection 95(2) or 188(2)".

86(2)       Subsection 250(2) is amended by striking out "or section 96 or under subsection 98(5) or (7)".

86(3)       Subsection 250(3) is amended

(a) by replacing the section heading with "Description of imprudent driving offence"; and

(b) by striking out "subsection 95(3)" and substituting "subsection 95(2)".

87          Subsection 254(2) is amended, in the part before clause (a), by striking out "truck, commercial truck, or public service vehicle" and substituting "regulated vehicle".

88          Subsection 259(2) is amended by adding "or" at the end of clause (b), striking out "or" at the end of clause (c) and repealing clause (d).

89          Subsection 261(1.1) is amended by striking out "clause 134(1)(b) or (c)" and substituting "clause 134(2)(b) or (c)".

90          The definition "motor vehicle" in subsections 263.1(1), 264(1) and 265(1) is replaced with the following:

"motor vehicle" includes agricultural equipment, infrastructure equipment, and an off-road vehicle. (« véhicule automobile »)

91(1)       Subsection 265.1(1) is amended

(a) by striking out "public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "regulated vehicle"; and

(b) in the English version, by striking out "his" and substituting "their".

91(2)       Subsection 265.1(3) is amended, in the part before clause (a),

(a) in the English version, by striking out "his" and substituting "their"; and

(b) by striking out "commercial truck having a registered gross weight of 4500 kilograms or more and for the purpose of driving a public service vehicle" and substituting "regulated vehicle".

92          The centred heading before section 271 and section 271 are repealed.

93          The definition "licence suspension or driving disqualification" in subsection 279.1(1) is amended by striking out "implement of husbandry, special mobile machine or tractor" and substituting "agricultural equipment or infrastructure equipment".

94          The heading for Part VIII is replaced with "REGULATED VEHICLES".

95          Sections 280 to 311 are repealed.

96          The following is added before section 313:

Definitions

312.1       The following definitions apply in this Part and in section 322.1.

"operate" means to operate as defined in the regulations. (« exploiter »)

"operator" means an operator as defined in the regulations. (« exploitant »)

Safety fitness requirements for operators of regulated vehicles

312.2       Unless a person holds a safety fitness certificate issued under the regulations, the person must not

(a) operate a regulated vehicle; or

(b) as the operator of a regulated vehicle, permit it to

(i) be driven or towed on a highway, or

(ii) tow another vehicle on a highway.

Powers of inspector and other peace officer

312.3(1)    An inspector or other peace officer may

(a) enter any place where a regulated vehicle is kept, stored or repaired;

(b) inspect any regulated vehicle or its cargo; and

(c) order a regulated vehicle out of service if they reasonably believe that the regulated vehicle

(i) is unsafe for use on a highway, or

(ii) does not comply with this Act or the regulations.

Prohibition re out-of-service regulated vehicles

312.3(2)    A person must not drive or tow a regulated vehicle that has been ordered out of service under clause (1)(c) on a highway, unless

(a) the condition that gave rise to the order has been remedied; or

(b) the vehicle is being towed to remove it from the highway or to bring it to a place to have it repaired.

Duty to cooperate

312.3(3)    The operator and the driver of a regulated vehicle must cooperate with an inspector or other peace officer conducting an inspection under subsection (1) and provide any assistance and information reasonably required to carry out the inspection.

Notice requirement re insurance

312.4       If an insurance policy has been filed with the department for the purpose of supporting a safety fitness certificate under this Part, a cancellation, change or refusal to renew the policy is not effective unless the department is provided at least 10 days' notice.

97          Subsection 313(1) is replaced with the following:

Bills of lading

313(1)      Every person who transports goods for compensation by means of a vehicle on a highway must use a bill of lading that meets the requirements prescribed under the regulations.

98(1)       Subsection 314(2) is replaced with the following:

Identification of operators of regulated vehicles

314(2)      The operator of a regulated vehicle must ensure that the operator's name or a distinctive mark or graphic that readily identifies the operator is displayed in a conspicuous place on each lateral side of the vehicle.

98(2)       Subsection 314(3) is amended, in the part before clause (a), by striking out "owner's" and substituting "operator's".

99          Section 315 is replaced with the following:

Remedy for unpaid freight charges

315(1)      An operator who has not been paid any outstanding charges in respect of the transportation of goods may recover those charges by any combination of the following:

(a) bringing a proceeding in a court of competent jurisdiction;

(b) refusing to release the goods until payment has been received (in which case the goods are at the risk of their owner during the detention period);

(c) subject to subsection (2), selling all or part of the goods and retaining the amount owing, plus any reasonable costs incurred as a result of the sale, from the sale proceeds.

Requirements re sale of goods

315(2)      An operator must

(a) wait four weeks after making a demand for payment before selling goods under clause (1)(c), unless the goods are perishable goods or livestock; and

(b) pay any surplus resulting from the sale, and deliver any goods that remain unsold, to the persons entitled to them.

100         Section 316 is repealed.

101         Section 317 is replaced with the following:

Contravention of Act by operator or employee an offence

317         An operator or an employee of an operator who, in connection with the operation of a regulated vehicle, contravenes or counsels another person to contravene a provision of this Act, The Drivers and Vehicles Act or a regulation under either of them is guilty of an offence and, in addition to any other applicable penalty, is liable on conviction to a fine of not less than $500 or more than $5,000.

102(1)      Subsection 317.1(1) is amended

(a) by striking out "public service vehicle" and substituting "regulated vehicle"; and

(b) by striking out "motor carrier" wherever it occurs and substituting "operator".

102(2)      Subsection 317.1(2) is amended

(a) by striking out "summary"; and

(b) by striking out "motor carrier" wherever it occurs and substituting "operator".

103         The centred heading before section 318.1 is replaced with "SAFETY OF REGULATED VEHICLES".

104(1)      Subsection 318.1(1) is repealed.

104(2)      Subsection 318.1(3) is amended, in the part before clause (a), by striking out "drive a public service vehicle or a regulated vehicle that is not a public service vehicle" and substitute "drive or tow a regulated vehicle".

105         Section 318.2 is amended by replacing the part before clause (a) with the following:

Safety inspections and reports by driver

318.2       A person must not drive or tow a regulated vehicle on a highway unless

106(1)      Subsection 318.3(1) is amended by striking out everything before "on a highway" and substituting "A person must not drive or tow a regulated vehicle".

106(2)      Subsection 318.3(2) is amended by replacing the part before clause (a) with the following:

Driver records

318.3(2)    A person who drives or tows, or has driven or towed, a regulated vehicle on a highway

107         Section 318.4 is amended by replacing the part before clause (a) with the following:

Safe operation

318.4       A person must not drive or tow a regulated vehicle on a highway unless

108(1)      Subsection 318.5(1) is repealed.

108(2)      Subsection 318.5(2) is amended

(a) in the section heading, by striking out "other than p.s.v.'s"; and

(b) by striking out "that is not a public service vehicle".

109(1)      Subsection 318.6(1) is amended, in the part before clause (a), by striking out "drive a public service vehicle or a regulated vehicle that is not a public service vehicle" and substituting "drive or tow a regulated vehicle".

109(2)      Subsection 318.6(2) is amended by replacing the part before clause (a) with the following:

Review of driving record by operator

318.6(2)    During each 12-month period of a person's engagement to drive or tow a regulated vehicle, the vehicle's operator must

110         Section 318.7 is amended by striking out "public service vehicle or a regulated vehicle that is not a public service vehicle" wherever it occurs and substituting "regulated vehicle".

111(1)      Subsection 318.8(1) is amended

(a) by replacing the section heading with "Operator records";

(b) in the part before clause (a), by striking out "public service vehicle or a regulated vehicle that is not a public service vehicle" and substituting "regulated vehicle";

(c) in clause (a), by striking out "subsections 318.1(1) to (3)" and substituting "subsection 318.1(3)"; and

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

(d) designations under subsection 318.5(2);

111(2)      Subsection 318.8(2) is amended by striking out "public service vehicle or a regulated vehicle that is not a public service vehicle" and substituting "regulated vehicle".

112         Section 318.9 is replaced with the following:

Operator to ensure driver compliance

318.9       The operator of a regulated vehicle must ensure that a driver who drives or tows the vehicle on the operator's behalf complies with sections 318.2 to 318.4.

113         Clause 318.10(2)(a) is amended by striking out "public service vehicle or a regulated vehicle that is not a public service vehicle" and substituting "regulated vehicle".

114         Section 319 is replaced with the following:

Regulations — general

319(1)      The Lieutenant Governor in Council may make regulations

(a) classifying vehicles for any purpose of the regulations;

(b) exempting, with or without conditions, certain classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations;

(c) authorizing the registrar to exempt by permit, with or without conditions, certain vehicles, classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations;

(d) respecting applications to and the issuance of permits by the registrar;

(e) prescribing fees for anything for which a fee is payable under this Act or the regulations;

(f) respecting the terms and conditions of permits and authorizations and specifying which terms or conditions prevail in case of a conflict;

(g) specifying the charges to be paid under The Drivers and Vehicles Act for

(i) a dealer's permit, salesperson's permit or recycler's permit, or for renewing, amending or replacing such a permit,

(ii) a driver training school permit or driving instructor's permit, or for renewing, amending or replacing such a permit,

(iii) an inspection station permit or qualified mechanic's permit, or for renewing, amending or replacing such a permit, or

(iv) any knowledge test that a person applying for a permit or a renewal may be required to take;

(h) governing the circumstances in which a charge payable under this Act or The Drivers and Vehicles Act for inspecting and testing or re-inspecting and testing a motor vehicle, or both, and for the issuance of an inspection certificate must not exceed a maximum charge and prescribing the maximum charge;

(i) respecting standards and guidelines in relation to determining when a disease or disability may be expected to interfere with safely driving a vehicle for the purposes of licensing of drivers under this Act or any other Act;

(j) respecting the making of reports and the filing of returns;

(k) prescribing the costs and charges that a garage or storage place may impose for the storing of vehicles impounded under this Act, including setting different charges in different parts of the province;

(l) respecting the records of distance that a person whose registration fee is prorated under an agreement or arrangement under subsection 4.3(3) must make and maintain, and the reports of distance that person must submit and when that person is required to submit them;

(m) prescribing classes of persons and setting out conditions for the storage and transportation of cannabis in or on a vehicle for the purpose of clause 213.1(2)(e);

(n) prescribing one or more classes or subclasses of driver's licence for the purposes of subclause 265(8)(b)(ii) and clause 273(1.1)(b);

(o) defining any word or phrase used but not defined in this Act;

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

Regulations — vehicle standards, equipment and safety

319(2)      The Lieutenant Governor in Council may make regulations

(a) prescribing the standards and specifications to which vehicles must conform;

(b) respecting

(i) standards of safety and repair of vehicles and parts of vehicles for the purposes of this Act and the regulations, and

(ii) inspection procedures and criteria for determining compliance with the standards of safety and repair;

(c) requiring every vehicle driven or towed on a highway, or equipment or devices equipped or carried on a vehicle driven or towed on a highway, to be in proper working order and in safe operating condition;

(d) respecting the lighting and use of lamps on vehicles, including

(i) requiring or permitting vehicles to be equipped with specific lamps,

(ii) prohibiting or restricting vehicles from being equipped with specific lamps,

(iii) prescribing the times when and manner in which certain lamps must be used or may not be used,

(iv) prescribing standards and requirements to be met by vehicle lamps, and

(v) authorizing the minister or the registrar to issue permits, with or without conditions, for a vehicle to be equipped with certain lamps, or allowing certain lamps to be operated on a highway;

(e) requiring vehicles to be equipped with or carry specified equipment or devices, and prescribing the standards to which the equipment or devices must conform;

(f) prohibiting or restricting vehicles from being equipped with or carrying specified equipment or devices or equipment and devices that do not conform to a prescribed standard, and regulating or prohibiting the sale or use of vehicles equipped with such equipment or devices;

(g) regulating the use or operation of specified equipment or devices in or on vehicles;

(h) authorizing the minister or the registrar to issue permits, with or without conditions, allowing

(i) a vehicle to be equipped with or carry equipment or devices otherwise prohibited or restricted under the Act or the regulations, and

(ii) allowing the use of equipment or devices in or on a vehicle on a highway otherwise prohibited or restricted under the Act or the regulations;

(i) requiring the owner or driver of a vehicle being driven or towed on a highway to produce to a peace officer for inspection any equipment or device equipped or carried in or on the vehicle for the purpose of assessing whether the equipment or device is required, restricted, prohibited, or in safe operating condition;

(j) regulating the operation of vehicles and combinations of vehicles and prohibiting their unsafe operation;

(k) prohibiting or regulating specified alterations of vehicles, and prohibiting or regulating the use of altered vehicles;

(l) prohibiting or restricting the tampering with, or disconnection or removal of, the odometer of a motor vehicle, changing the number of kilometres or miles shown on the odometer, or doing anything that causes or may cause the odometer to give an inaccurate distance reading;

(m) respecting the manner of loading, covering and securing loads on vehicles;

(n) respecting livestock partitions;

(o) prescribing the equipment that is required by a tow truck, respecting the classification of tow trucks by size of load which they are equipped to tow, respecting the inspection of tow trucks and their equipment, prescribing minimum insurance to be carried by tow trucks according to their classification, and prescribing rules governing the operation of tow trucks at the scene of an accident;

(p) exempting certain persons, classes of persons or members of certain groups or organizations from the requirements of part or all of the provisions of section 186 or 187.

Regulations — rules of the road

319(3)      The Lieutenant Governor in Council may make regulations

(a) prescribing times when a vehicle or class of vehicles is prohibited from being driven on a highway or portion of a highway;

(b) prohibiting a vehicle or class of vehicles from being driven on a highway or portion of a highway;

(c) prescribing the maximum speed at which a vehicle or class of vehicles may be driven over any bridge, causeway or viaduct;

(d) prescribing that, on any portion of a highway in unorganized territory, vehicles or a class of vehicles must yield the right of way to other vehicles or a class of vehicles;

(e) prescribing vehicles for the purpose of the definition "designated vehicle" in subsection 109.1(1);

(f) prescribing

(i) classes of motor vehicles that are not included in the definition "roadside assistance vehicle" in subsection 109.1(1), or

(ii) activities that, when carried out by a motor vehicle in the class, exclude the motor vehicle from that definition;

(g) prescribing roadside assistance, enforcement and other activities for the purpose of subsection 109.1(2);

(h) respecting the use of highways for aircraft landings and takeoffs;

(i) prescribing the lights and other traffic control devices, and the lines or other markings on the surface of roadways, required to designate a pedestrian corridor.

Regulations — regulated vehicles and commercial transport

319(4)      The Lieutenant Governor in Council may make regulations

(a) excluding a motor vehicle or trailer or class of motor vehicle or trailer from the definition "regulated vehicle" in subsection 1(1);

(b) exempting any class or subclass of regulated vehicle from any requirement of the Act or the regulations;

(c) respecting the placement of advance warning devices required under section 217;

(d) prescribing the words to be used to identify highway traffic inspection stations;

(e) defining "operate" and "operator" for the purpose of Part VIII;

(f) respecting safety fitness certificates, including

(i) the eligibility criteria for the issuance of a safety fitness certificates, and

(ii) the terms on which safety fitness certificates may be or must be issued;

(g) respecting the form, content and use of bills of lading when transporting goods on a highway for compensation;

(h) prescribing uniform conditions of carriage deemed to form part of a contract of carriage in respect of goods transported on a highway;

(i) respecting weight tolerances for regulated vehicles;

(j) respecting the inspection and testing of regulated vehicles and the use of certificates and decals in respect of such inspections or tests;

(k) respecting the recognition of regulated vehicle inspection programs, certificates and decals from jurisdictions outside Manitoba;

(l) respecting the safe condition and operation of regulated vehicles, including

(i) prescribing for the purposes of subsection 265.1(3) the period or the manner of determining the period, not exceeding 72 hours, for which a licence may be suspended,

(ii) for the purposes of subclause 318.1(3)(b)(v) or 322.1(1)(b)(v) or clause 322.2(1)(b), prescribing Acts and regulations

(A) of Manitoba, the Parliament of Canada or the legislature of another province or a territory,

(B) of the United States of America or a state, district or territory of the United States of America, or

(C) of another country, or a political subdivision of another country, with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1),

(iii) for the purpose of subclause 318.1(3)(b)(vi) or 322.1(1)(b)(vi), prescribing by-laws made by traffic authorities,

(iv) respecting inspections and inspection reports to be made and the persons to whom reports are to be provided,

(v) respecting records to be made, kept and produced,

(vi) respecting hours of service which drivers are permitted to provide under this Act,

(vii) authorizing a designated employee of the department to issue, with or without conditions, a permit exempting the operator of a vehicle, or a class of such operators, from the application of a regulation made for the purpose of subclauses (v) and (vi), and

(viii) respecting permits under subclause (vii), including prescribing the maximum period for which a permit may be issued, prescribing eligibility criteria, governing the process for obtaining a permit and governing the suspension or cancellation of a permit.

Regulations — school buses

319(5)      The Lieutenant Governor in Council may make regulations

(a) designating classes or types of motor vehicle that may be used as a school bus;

(b) prescribing standards for school buses and their equipment;

(c) requiring school buses to be equipped with warning lamps, warning systems and safety devices, and respecting the use of such lamps and devices and the standards to which they must conform.

Regulations — agricultural equipment and infrastructure equipment

319(6)      The Lieutenant Governor in Council may make regulations

(a) respecting the travel of agricultural equipment or infrastructure equipment on a highway, including specifying

(i) the maximum dimensions and weight of the equipment or its wheels, and

(ii) required, permitted, restricted and prohibited lighting and equipment;

(b) respecting the use of pilot or escort vehicles in relation to agricultural equipment;

(c) prescribing a minimum policy limit for the purpose of clause 226(1.2)(c).

Regulations — motorcycles and mopeds

319(7)      The Lieutenant Governor in Council may make regulations

(a) prescribing standards for motorcycles that may be registered under The Drivers and Vehicles Act, including prescribing minimum heights, minimum speed capabilities and required equipment;

(b) prescribing standards and procedures for the purpose of determining whether a vehicle is a moped;

(c) requiring the driver of a motorcycle or moped to have the motorcycle's or moped's headlamps or tail lamps lighted at all times.

Regulations — bicycles and power-assisted bicycles

319(8)      The Lieutenant Governor in Council may make regulations

(a) prescribing standards, specifications and equipment required for bicycles operating on a highway;

(b) prohibiting or restricting the sale or use of bicycles and equipment for bicycles that do not meet prescribed standards;

(c) prohibiting or restricting the operation of bicycles on a highway or a portion of a highway;

(d) respecting protective helmets for persons driving or riding on bicycles or power-assisted bicycles, or riding on or being towed in things attached to or towed by bicycles, including prescribing suitable helmets for the purpose of section 145.0.1;

(e) prescribing how bicycles or power-assisted bicycles are to be operated on highways or, with or without conditions, exempting any of them from the application of a provision of this Act.

Regulations — low-speed vehicles

319(9)      The Lieutenant Governor in Council may make regulations

(a) permitting zero-emission and other low-speed vehicles to be driven on highways;

(b) establishing rules of the road for low-speed vehicles;

(c) restricting low-speed vehicles to certain types of highways, including highways with a specified maximum speed.

Regulation — transportation of hazardous commodities

319(10)     The Lieutenant Governor in Council may make regulations

(a) respecting the transportation of hazardous commodities on a highway;

(b) designating a product as a hazardous commodity for the purpose of section 181;

(c) adopting any provision of the Transportation of Dangerous Goods Act (Canada), or any regulation made under that Act, as a regulation under this Act applying to and in respect of any matter, situation or circumstance within the jurisdiction of the Legislature.

Regulations — offences and enforcement

319(11)     The Lieutenant Governor in Council may make regulations

(a) prescribing for the purposes of subsection 242.1(3)

(i) the costs and charges payable to the garage keeper on account of the towing, transportation, care, storage, disposition and other related matters or the manner in which those costs and charges are to be determined,

(ii) the costs and charges payable to the Minister of Finance on account of administration or the manner in which those costs and charges are to be determined, and

(iii) the persons who are authorized to receive costs and charges on behalf of the Minister of Finance and who are required to remit those costs and charges to that minister and the manner in which the receipt and remission of the costs and charges is to take place;

(b) respecting the seizure, impoundment and disposition of motor vehicles under section 242.4, including prescribing the costs and charges payable to a garage keeper on account of the towing, transportation, care, storage and disposition of a motor vehicle and other related matters, or the manner in which those costs and charges are to be determined;

(c) respecting image capturing enforcement systems and their use, including

(i) prescribing types of image capturing enforcement systems,

(ii) prescribing what constitutes a particular type of image capturing enforcement system and governing the features and functions that it must or may have or be able to carry out,

(iii) approving specified image capturing enforcement systems by name or other description, and governing how approved systems may be referred to in certificates under subsection 257.3(2) and other documents, or in evidence in relation to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(2)(b) or (c),

(iv) authorizing individual municipalities, and peace officers on behalf of individual municipalities or the government, to use image capturing enforcement systems,

(v) governing the use of image capturing enforcement systems by municipalities and by peace officers on behalf of municipalities or the government, and

(vi) prescribing what constitutes a construction zone, playground zone or school zone for the purposes of subsection 257.1(2);

(d) prescribing, for the purpose of subsection 257.2(1), information to be displayed on or appended to a reproduction on paper of an image obtained through the use of an image capturing enforcement system or any specified image capturing enforcement system relating to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(2)(b) or (c);

(e) respecting the issuance of notices to the registrar under section 273.6, including prescribing circumstances when a notice is not to be sent to the registrar;

(f) for the purpose of the definition "prescribed offence" in subsection 273.6(1), prescribing offences under the Criminal Code and the Controlled Drugs and Substances Act (Canada).

Regulations — traffic authorities and municipalities

319(12)     The Lieutenant Governor in Council may make regulations

(a) for the purposes of clause 90(1)(o), prescribing any matter in respect of which a traffic authority may make a rule or by-law;

(b) respecting the manner in which a rule or by-law may be indicated or made known for the purpose of subsection 90(5);

(c) respecting the terms and conditions under which a traffic authority may fix a speed limit;

(d) prescribing requirements that a rule or by-law made by a traffic authority to fix a speed limit must comply with, including prescribing a form of rule or by-law that must be used.

Adopting codes, standards and other regulations

319(13)     The power to make a regulation under this Act may be exercised by adopting, by reference, all or part of a code, standard or regulation made by any other government in Canada or the United States, or by a non-governmental body. The code, standard or regulation may be adopted as amended from time to time and subject to any changes that the Lieutenant Governor in Council or the minister considers necessary.

Application of regulations

319(14)     A regulation under this Act may be general or particular in its application and apply in whole or in part

(a) to one or more classes of vehicles;

(b) to one or more classes of persons;

(c) to any part of the province; and

(d) at all times or during certain times of the year or the day only.

115(1)      Subsection 322.1(1) is amended

(a) by repealing clause (g); and

(b) in clause (h),

(i) by striking out "motor carrier" and substituting "operator", and

(ii) by striking out "clauses (e) to (g)" and substituting "clauses (e) and (f)".

115(2)      Subsection 322.1(3) is amended

(a) in the part before clause (a),

(i) by striking out "Where the minister" and substituting "If a director appointed by the minister for the purpose of administering Part VIII", and

(ii) in the English version, by striking out "the minister may do" and substituting "that director may do";

(b) in clause (a), by striking out "the minister" wherever it occurs and substituting "the director"; and

(c) in clause (c), by adding "suspend or" before "revoke".

115(3)      The following is added after subsection 322.1(3):

Registrar to be notified of suspension or revocation

322.1(3.1)   A director who suspends or revokes a safety fitness certificate under clause (3)(c) must notify the registrar of the suspension or revocation.

Registrar must cancel registration

322.1(3.2)   Upon receipt of a notification under subsection (3.1), the registrar must cancel the registration of any vehicles operated under the suspended or revoked safety fitness certificate.

115(4)      Subsections 322.1(5) and (6) are replaced with the following:

Appeal to minister

322.1(5)    An operator in respect of whom a director exercised a power under subsection (3) may appeal the director's decision to the minister. The appeal must be in writing and delivered to the minister within 30 days after the date of the director's decision.

Minister's power on appeal

322.1(6)    On an appeal under subsection (5),

(a) the minister must conduct a written or oral hearing;

(b) the director that made the decision under subsection (3) has standing at the hearing; and

(c) following the hearing, the minister

(i) may confirm the director's decision or quash or vary it, and

(ii) must provide written reasons for doing so.

116(1)      Subsection 323(1) is amended by striking out everything before "and such other" and substituting "A Director and Deputy Director of Motor Carrier Enforcement".

116(2)      Subsection 323(2) is repealed.

117         The centred heading before section 326 and section 326 are repealed.

118         Section 327 is amended

(a) by striking out "vehicles of a prescribed class or type" and substituting "regulated vehicles or any prescribed subclass of regulated vehicle"; and

(b) by striking out everything after "in the regulations.".

119         Clause 331(2)(c) is amended by striking out "public service vehicles, commercial trucks" and substituting "regulated vehicles".

120         Section 336 is repealed.

TRANSITIONAL

Transitional — speed limit or maximum permitted speed fixed by Highway Traffic Board

121(1)      Despite section 94.2 of The Highway Traffic Act, as enacted by section 27 of this Act, and the repeal of the Highway Speed Regulation, Manitoba Regulation 204/92, a speed limit or maximum permitted speed fixed under that regulation for a geographic area, highway or portion of a highway — other than a departmental road as defined in The Transportation Infrastructure Act as enacted by section 1 of The Traffic and Transportation Modernization Act — remains in effect until the earlier of

(a) the day that is six months after the day this section comes into force, unless extended by regulation under subsection (3); and

(b) the day that a speed limit for that geographic area, highway or portion of the highway is fixed by a traffic authority under The Highway Traffic Act after this section comes into force.

Enforcement

121(2)      A speed limit or maximum permitted speed that remains in effect because of subsection (1) may be enforced as if it had been fixed under section 94.2 of The Highway Traffic Act as enacted by section 27 of this Act.

Extension of transition period by regulation

121(3)      The Lieutenant Governor in Council may make regulations extending the six-month time period referred to in clause (1)(a).

Transitional — speed limit or maximum permitted speed fixed by municipality or Indian band

122         A speed limit or maximum permitted speed fixed by a municipality or the council of an Indian band with the approval of The Highway Traffic Board before the coming into force of this section remains in effect until it is repealed or a different speed limit is fixed for the applicable geographic area, highway or portion of highway.

Dissolution of Motor Transport Board

123         On the coming into force of this section,

(a) The Motor Transport Board established under section 326 of The Highway Traffic Act, as that Act read immediately before the coming into force of this section, is dissolved;

(b) the appointments of the members of The Motor Transport Board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;

(c) the rights and property of The Motor Transport Board are transferred to the government and all of its liabilities and obligations are assumed by the government; and

(d) a legal proceeding or action that was commenced or may be commenced by or against The Motor Transport Board may be continued or commenced by or against the government.

Operating certificates cancelled

124         On the day this section comes into force,

(a) every certificate for authority to operate a public service vehicle issued by The Motor Transport Board under Part VIII of The Highway Traffic Act is hereby cancelled; and

(b) every application to The Motor Transport Board for a certificate for authority to operate a public service vehicle is deemed to be abandoned.

Transitional — pending appeals to Motor Transport Board

125(1)      Subject to subsection (2), on the coming into force of this section,

(a) any right of appeal to The Motor Transport Board under The Highway Traffic Act expires; and

(b) any pending appeal to The Motor Transport Board under The Highway Traffic Act in which The Motor Transport Board has not issued a decision is deemed to be abandoned.

Pending appeals by operator of public service vehicle

125(2)      A person who, in respect of an order of the minister, has a right of appeal, or is a party to a pending appeal, under subsection 322.1(5) of The Highway Traffic Act, as that provision read immediately before the coming into force of this section, may apply to the minister for a reconsideration of the order.

Reconsideration

125(3)      An application for a reconsideration must be filed with the minister within 30 days after the coming into force of this section and must set out the relevant facts and reasons for the requested reconsideration.

Minister to rescind, vary or confirm order

125(4)      Upon receipt of an application for reconsideration, the minister must reconsider the order in light of the information provided and, by written notice to the applicant, affirm, rescind or vary the order.

Decision final

125(5)      The decision of the minister on a reconsideration is final.

CONSEQUENTIAL AMENDMENTS

S.M. 2002, c. 39 amended

126         Subsection 163(2) of The City of Winnipeg Charter is repealed.

C.C.S.M. c. F15 amended

127         Subsection 1(1) of The Family Farm Protection Act is amended in clause (b) of the definition "farm machinery and equipment" by striking out "any truck" and substituting "any motor vehicle".

C.C.S.M. c. F192 amended

128         Subclause 9(1)(a)(ii) of The Fuel Tax Act is amended

(a) by striking out "a truck" and substituting "a motor vehicle"; and

(b) in the English version, by striking out "the truck" and substituting "the vehicle".

C.C.S.M. c. P250 amended

129(1)      The Public Schools Act is amended by this section.

129(2)      Subsection 68.4(1) of the French version is amended by striking out "des routes qui se trouvent à proximité de l'emplacement des travaux" and substituting "de chaque route qui est contiguë à l'emplacement scolaire".

129(3)      Subsection 68.4(2) is amended by striking out "or recommended".

129(4)      Subsection 68.4(3) is amended by adding "in the vicinity of the school" after "speed limits".

129(5)      Subsection 68.4(4) is amended

(a) in the section heading, by striking out "recommendations" and substituting "changes and timelines";

(b) by striking out "believes are appropriate" and substituting "will implement"; and

(c) by adding ", and provide an expected timeline for implementing those changes" at the end.

129(6)      Section 68.5 is replaced with the following:

Temporary safety measures

68.5        If a new or expanded school is used before a traffic authority has implemented all of its intended changes, the traffic authority — after consulting with the school division — must

(a) implement any temporary pedestrian and traffic safety measures that it considers appropriate; and

(b) maintain those measures until its changes are fully implemented.

C.C.S.M. c. O31 amended

130(1)      The Off-Road Vehicles Act is amended by this section.

130(2)      Subsection 1(1) is amended

(a) in the definition "off-road vehicle",

(i) in clause (g), by striking out ", motorcycle or snow vehicle" and substituting "or motorcycle", and

(ii) in the part after clause (g), by striking out "an implement of husbandry, farm tractor, special mobile machine, garden tractor," and substituting "agricultural equipment, infrastructure equipment, or a garden tractor, lawnmower,"; and

(b) by repealing the definition "snow vehicle".

130(3)      Subsection 26(3) is amended by striking out "a motorcycle, a four-wheel drive motor vehicle or a snow vehicle" and substituting "a four-wheel drive vehicle or motorcycle".

130(4)      Subsection 33(3) is amended by striking out ", motorcycle or snow vehicle" and substituting "or motorcycle".

REPEAL

Unproclaimed Acts repealed

131         The following unproclaimed Acts and provisions are repealed:

(a) the following provisions of The Highway Traffic Amendment Act, S.M. 1997, c. 37:

(i) section 28 insofar as it enacts the definition "charter trip",

(ii) subsection 29(2) insofar as it enacts subsection 281(1.4),

(iii) subsection 30(1) insofar as it enacts subsection 290(2.1.1),

(iv) subsection 30(2) insofar as it enacts subsection 290(3.5),

(v) section 31 insofar as it enacts section 290.3,

(vi) section 32 insofar as it enacts subsection 294(4),

(vii) subsection 33(2) insofar as it enacts subsection 300(4.2);

(b) sections 7 to 12, 17, 19 to 22, 24 and 26, and clauses 41(1)(b) to (n) of The Highway Traffic Amendment Act, S.M. 2001, c. 19;

(c) The Highway Traffic Amendment Act (Charter Bus Service), S.M. 2013, c. 41.

Regulations repealed

132         The following regulations are repealed:

(a) the Adjustments in Service by Scheduled-Service Buses and Other Vehicles Regulation, Manitoba Regulation 77/2012;

(b) the Bills of Lading and Rules of Carriage Regulation, Manitoba Regulation 182/91;

(c) the Designation of Limited-Use Commercial Trucks and Public Service Vehicles Regulation, Manitoba Regulation 88/2015;

(d) the Highway Speed Regulation, Manitoba Regulation 204/92;

(e) the Maximum Speed Order, Manitoba Regulation 54/89;

(f) the Motor Transport Board Exemption of Certain Passenger Public Service Vehicles Order, Manitoba Regulation 112/2015;

(g) the Motor Transport Board Exemption of Operators of Vehicles Used for the Transportation of Members of Indian Bands Order, Manitoba Regulation 251/89;

(h) the Motor Transport Board Fees Regulation, Manitoba Regulation 284/88;

(i) the Motor Transport Board Rules of Procedure, Manitoba Regulation 150/88;

(j) the Public Service Vehicle Exemption for Transportation of Handicapped Persons for the Department of Family Services Order, Manitoba Regulation 152/89;

(k) the Public Service Vehicle Exemption for Transportation of Mobility Disadvantaged Persons Order, Manitoba Regulation 270/89;

(l) the Public Service Vehicle Operating Certificates Exemption Regulation, Manitoba Regulation 92/2015;

(m) the Tariff of Tolls for Transportation of Passengers by Inter-Municipal Liveries Regulation, Manitoba Regulation 46/2001;

(n) the Traffic Control Device Order, Manitoba Regulation 300/89;

(o) the Traffic Control Devices Order, Manitoba Regulation 264/88;

(p) the Used Household Goods Regulation, Manitoba Regulation 77/89;

(q) the Various Motor Transport Board Orders Repeal Order, Manitoba Regulation 113/2015.

Coming into force

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

SCHEDULE C

THE DRIVERS AND VEHICLES
AMENDMENT ACT

C.C.S.M. c. D104 amended

1           The Drivers and Vehicles Act is amended by this Schedule.

2(1)        Subsection 1(1) is amended

(a) by repealing the definition "motor carrier"; and

(b) by adding the following definition:

"commercial truck" means a motor vehicle designed primarily to carry cargo and includes a semi-trailer while it is connected to a motor vehicle by way of the trailer's kingpin coupler, but excludes

(a) a vehicle used solely for personal transportation; and

(b) any vehicle excluded from this definition under the regulations. (« véhicule commercial »)

2(2)        Subsection 1(2) is amended

(a) by repealing the terms "commercial truck", "farm tractor", "farm trailer", "implement of husbandry", "public service vehicle", "regulated school bus", "semi-trailer", "semi-trailer truck", "special mobile machine", "tractor", "transport board", "truck" and "truck tractor"; and

(b) by adding the following terms:

"agricultural equipment"

"infrastructure equipment"

"regulated vehicle"

"restricted speed area"

"urban municipality"

3(1)        Subsection 4(1) of the English version is amended, in the part before clause (a), by striking out "may not" and substituting "must not".

3(2)        Subsection 4(2) is amended by replacing the part before clause (a) with the following:

Driver's licence required for certain other vehicles

4(2)        A person must not drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area, unless the person

4           Section 33 is repealed.

5           Clause 36(1)(a) is amended

(a) in subclause (i), by striking out "a farm tractor" and substituting "agricultural equipment"; and

(b) in subclause (ii), by striking out "tractor's" and substituting "agricultural equipment's".

6(1)        Clause 37(2)(a) is amended by striking out "a public service vehicle or".

6(2)        Subsection 37(4) is amended, in the part before clause (a), by striking out "a public service vehicle or".

7           Subclause 40(1)(b)(iii) is amended by striking out "public service vehicle or".

8           The centred heading before section 48 is amended by striking out "Public Service Vehicles and".

9           Section 48 is replaced with the following:

Registration of commercial trucks

48          A person is eligible to register a motor vehicle or motor vehicle-trailer combination as a commercial truck only if the person meets the applicable requirements under Part VIII of The Highway Traffic Act.

10          Section 51 is amended by striking out "register a truck" and substituting "register a motor vehicle".

11          Subsection 54(2) is amended by striking out "subsections 55(1) to (5)" and substituting "subsections 55(1) to (4)".

12          Subsection 55(5) is repealed.

13          The centred heading before section 56 and section 56 are repealed.

14          Clause 62(1)(a) is amended by striking out "public service vehicle or".

15          Subsections 64(4), 65(4) and 66(4) are amended by striking out everything after "for compensation".

16          Subsection 68(1) is amended

(a) by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1):

(a) excluding any motor vehicle, motor vehicle-trailer combination or a class of motor vehicle or motor vehicle-trailer combination from the definition "commercial truck" in subsection 1(1);

(b) by repealing clause (l).

17          Clause 73(3)(d) is amended by striking out everything after "four-wheel drive motor vehicle" and substituting "or a motorcycle.".

18(1)       Subsection 125(3) is amended, in the part before clause (a), by striking out everything after "licensed to drive" and substituting "regulated vehicles and who".

18(2)       Subsection 125(6) is amended

(a) by replacing subclause (b)(ii) with the following:

(ii) a contravention of any of clauses 95(1)(a), (b), (c) or (d) (speeding) when the vehicle's speed is 50 km/h or more over the speed limit,

(b) by repealing subclause (b)(iii).

19          Subsections 133(2) and (3) are repealed.

Coming into force

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

SCHEDULE D

THE MANITOBA PUBLIC INSURANCE
CORPORATION AMENDMENT ACT

C.C.S.M. c. P215 amended

1           The Manitoba Public Insurance Corporation Act is amended by this Schedule.

2           Subsection 1(1) is amended

(a) by repealing the definition "semi-trailer"; and

(b) by replacing the definition "motor vehicle" with the following:

"motor vehicle" means a self-propelled vehicle but, subject to subsection (2), does not include

(a) agricultural equipment, infrastructure equipment, a motorized mobility aid or a power-assisted bicycle, as those terms are defined in The Highway Traffic Act,

(b) an off-road vehicle as defined in The Off-Road Vehicles Act, or

(c) a vehicle while it is being operated on rails; (« véhicule automobile »)

3           Subsection 27(1) is amended by striking out ", The Motor Transport Board".

4           Subsection 36(7) is amended by striking out "or The Motor Transport Board".

5(1)        Subsection 39(9) is amended

(a) by striking out "or the Motor Transport Board, as the case may be," wherever it occurs; and

(b) by striking out "or the Motor Transport board shall thereupon" and substituting "must".

5(2)        Subsection 39(10) is amended by striking out "or The Motor Transport Board".

6           Subsection 40(10) is amended by striking out "or the Motor Transport Board, as the case may be,".

7           Section 49 is amended by striking out everything after "relating thereto".

8           Clause 71(2)(b) is amended

(a) by repealing subclause (i);

(b) by replacing subclause (ii) with the following:

(ii) agricultural equipment, infrastructure equipment, a motorized mobility aid or a power-assisted bicycle, as those terms are defined in The Highway Traffic Act,

(c) by repealing subclause (iii);

(d) in subclause (iv) of the French version, by striking out "un véhicule" and substituting "véhicule";

(e) in subclause (v) of the French version, by striking out "une voiturette" and substituting "voiturette";

(f) in subclause (vi) of the French version, by striking out "un véhicule" and substituting "véhicule"; and

(g) in the English version of the part after subclause (vi), by striking out "subclauses (i) to (vi)" and substituting "subclauses (ii) to (vi)".

Coming into force

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

SCHEDULE E

THE PROVINCIAL RAILWAYS
AMENDMENT ACT

C.C.S.M. c. R15 amended

1           The Provincial Railways Act is amended by this Schedule.

2           Subsection 1(1) is amended

(a) by repealing the definitions "board" and "Public Utilities Board";

(b) by adding the following definition:

"superintendent" means the Superintendent of Railways appointed under section 14.1; (« surintendant »)

(c) by replacing the definitions "approval" and "order" with the following:

"approval" means an approval under section 32, 33 or 44 and includes an approval referred to in any of those sections that is issued in response to an appeal under section 27; (« autorisation »)

"order" means an order made by the superintendent under section 23, 41 or 43, and includes an order referred to in any of those sections that is made in response to an appeal under section 27; (« ordre »)

(d) in the definition "licence", by adding ", and includes a licence issued in response to an appeal under section 27" at the end.

3           The heading for Part 1 is replaced with "GENERAL PROVISIONS AND APPEALS".

4           The centred heading before section 3 and sections 3 to 5 are repealed.

5           Section 6 is renumbered as section 26.1 and added before the centred heading "APPEALS".

6           The centred heading before section 7 and sections 7 to 14 are repealed.

7           The following is added before section 15 and after the centred heading that precedes it:

Superintendent of Railways

14.1(1)     The minister must appoint a person as the Superintendent of Railways for the purposes of this Act.

Superintendent may delegate

14.1(2)     The superintendent may authorize a person in the department administered by the minister to perform any of the superintendent's duties or exercise any of the superintendent's powers under this Act and the regulations.

Exercise of federal powers

14.2        The superintendent may accept and exercise powers in respect of railways conferred on the superintendent under the Canada Transportation Act or any other federal Act.

8           Section 15 is replaced with the following:

Provincial transportation policy

15          When making a decision or order under this Act, the superintendent and the minister must have regard to all applicable provincial transportation policies declared in the regulations.

9           Subsection 16(1) is amended

(a) by striking out "The board may" and substituting "The superintendent may"; and

(b) by striking out everything after "subject to" and substituting "terms and conditions that the superintendent considers advisable.".

10          Section 17 is amended by striking out "board" wherever it occurs and substituting "superintendent".

11          Section 18 is amended by striking out "board" and substituting "superintendent".

12          Sections 19 to 22 are repealed.

13          Section 23 is replaced with the following:

Compliance and remedial order

23(1)       If a person is in contravention of this Act or a term or condition of a licence or approval, the superintendent may order the person to

(a) comply with this Act or the term or condition of the licence or approval; and

(b) take any measure the superintendent considers necessary to remedy the contravention.

Superintendent's powers on default

23(2)       If the person fails to comply with the order within the time specified in the order or any extension of time granted by the superintendent, the superintendent may do, or cause to be done, anything required by the order.

Right of entry

23(3)       For the purpose of subsection (2), the superintendent or any other person authorized by the superintendent to do the thing may, without committing a trespass, enter on any land of the person in default or any other land that the person in default is entitled to enter.

Recovery of costs

23(4)       The costs incurred by the government in doing or causing to be done anything required by the order, as determined by the superintendent, are a debt due to the government by the person in default.

14          Subsection 24(1) is amended by striking out everything after "to pay" and substituting "any expenses incurred as a result of the superintendent's exercise of the powers under subsection 23(2).".

15          Section 25 is repealed.

16          Section 26 is amended by striking out "board" and substituting "superintendent".

17          The following is added as section 26.2 and before the centred heading "APPEALS":

Transitional — licences, approvals and orders issued by Motor Transport Board

26.2        On the day this section comes into force, a licence, approval or order that was in effect immediately before that time continues to be in effect as if it had been issued or made by the superintendent or the minister, as the case may be.

18          Sections 27 and 28 are replaced with the following:

Appeal to minister

27(1)       A person may file a written appeal with the minister within 30 days after the applicable decision or order if the person is affected by any of the following:

(a) the issuance of a licence or approval by the superintendent;

(b) a refusal by the superintendent to issue a licence or approval;

(c) the imposition of terms and conditions in a licence or approval by the superintendent;

(d) any order made by the superintendent.

Disposition of appeal by minister

27(2)       On an appeal under subsection (1), the minister may

(a) quash or vary the decision or order under appeal;

(b) refer the matter back to the superintendent for reconsideration;

(c) make any decision or order that in the minister's opinion ought to have been made by the superintendent; or

(d) dismiss the appeal.

Appeal does not act as stay of decision or order

28          An appeal filed under section 27 does not stay a decision or order of the superintendent, but the minister may grant a stay — in whole or in part — until the disposition of the appeal.

19          Section 29 is amended by striking out "board" and substituting "superintendent".

20(1)       Subsection 30(1) is amended

(a) by striking out "The board may" and substituting "The superintendent may"; and

(b) by striking out "if the board" and substituting "if the superintendent".

20(2)       Subsection 30(2.1) is amended by striking out "board" wherever it occurs and substituting "superintendent".

21          Section 31 is amended by striking out "board" and substituting "superintendent".

22          Section 32 is amended

(a) in the part before clause (a), by striking out "board" and substituting "superintendent"; and

(b) in clause (a), by striking out "it" and substituting "the superintendent".

23(1)       Subsection 33(2) is amended by striking out "board" and substituting "superintendent".

23(2)       Subsection 33(3) is amended by striking out "board" wherever it occurs and substituting "superintendent".

23(3)       Subsection 33(4) is amended

(a) by striking out "the board's approval" and substituting "approval under subsection (3)"; and

(b) by striking out "the board imposes" and substituting "imposed".

24          Section 34 is amended by striking out "the board's approval" and substituting "approval under section 33".

25(1)       Subsection 34.2(2) is amended by striking out "board" and substituting "superintendent".

25(2)       Subsections 34.2(3), (5) and (10) are amended by striking out "board", with necessary grammatical changes, wherever it occurs and substituting "superintendent", with necessary grammatical changes.

26(1)       Subsection 34.3(5) is amended by striking out "to the board".

26(2)       Subsection 34.3(6) is amended, in the section heading and in the section, by striking out "by the board" and substituting "in trust".

26(3)       Subsection 34.3(7) is amended by striking out "to the board".

26(4)       Subsection 34.3(13) is amended by striking out "the board may" and substituting "the superintendent must".

26(5)       Subsection 34.3(14) is amended, in the part before clause (a), by striking out "The board shall" and substituting "The superintendent must".

26(6)       The following is added after subsection 34.3(14):

Arbitrator other than Canadian Transportation Agency

34.3(14.1)   If no party requests the Canadian Transportation Agency to conduct the arbitration, or if that agency is not prepared to conduct the arbitration, the arbitration must be conducted

(a) by an arbitrator agreed to by the parties; or

(b) if the parties cannot agree to an arbitrator, by a panel of three arbitrators chosen as follows:

(i) one arbitrator chosen by the first party,

(ii) one arbitrator chosen by the second party,

(iii) one arbitrator jointly chosen by the two arbitrators chosen under subclauses (i) and (ii).

27(1)       Subsection 37(1) is amended by striking out "an approval of the board" and substituting "the regulations".

27(2)       Subsection 37(3) is replaced with the following:

Limits to liability where no agreement

37(3)       In the absence of an agreement referred to in subsection (2), a railway company's liability with respect to the carriage of goods may be limited or restricted only in accordance with the regulations.

28          Section 38 is repealed.

29          Subsection 39(2) is amended

(a) by striking out "board nor any member of the board or" and substituting "superintendent nor any other"; and

(b) by striking out "of the board under clause 38(1)(c)".

30(1)       Subsection 40(1) is amended by striking out "board" and substituting "superintendent".

30(2)       Subsection 40(2) is replaced with the following:

Arbitration precluded in certain cases

40(2)       The superintendent must not refer for arbitration any matter in respect of which a request is made under subsection (1) if the superintendent is of the opinion that an alternative, effective, adequate and competitive means of transporting the goods to which the matter relates is available to the shipper.

30(3)       Subsection 40(3) is amended

(a) in the part before clause (a), by striking out "Subject to any rules made under clause 13(1)(e), the" and substituting "The"; and

(b) in clause (b), by striking out "board" wherever it occurs and substituting "superintendent".

30(4)       Subsection 40(4) is amended by striking out "any rules made under clause 13(1)(e)" and substituting "the rules prescribed by regulation".

30(5)       Subsections 40(5), (6) and (8) are amended by striking out "board" wherever it occurs and substituting "superintendent".

30(6)       The following is added after subsection 40(8):

Transitional

40(9)       If an arbitration requested before this subsection comes into force is not completed when this subsection comes into force, this section applies as if the request for referral was made to the superintendent, and, if the matter was referred to arbitration before that time, as if it had been referred by the superintendent.

31          Subsection 41(2) is replaced with the following:

Process where no agreement

41(2)       If the railway companies operating a continuous railway line fail to agree on a joint tariff or the apportionment of a rate set out in a joint tariff under subsection (1), the superintendent, on application by any shipper intending to move traffic over that continuous route or portion of that route, may make an order

(a) fixing the joint tariff of rates for the route;

(b) apportioning that rate among the railway companies; and

(c) determining the date any rate fixed under clause (a) comes into effect, which may not be earlier than the date of the application to the superintendent.

32          Section 43 is amended, in the part after clause (c) and in clause (f), by striking out "board" and substituting "superintendent".

33(1)       Subsection 44(1) is amended by striking out "board" and substituting "superintendent".

33(2)       Subsection 44(2) is amended

(a) in the section heading and in the section, by striking out "board" and substituting "superintendent"; and

(b) by striking out "it" and substituting "the superintendent".

34          Subsection 46(2) and subclause 46(3)(b)(iii) are amended by striking out "minister" and substituting "superintendent".

35          Subsection 48(1) is amended

(a) in clause (f) of the French version, by striking out "toute ordonnance rendue" and substituting "tout ordre donné";

(b) in subclause (h)(iii), by striking out "board" and substituting "superintendent"; and

(c) by adding the following after clause (j.2):

(j.3) requiring a railway company to file with the superintendent a tariff of rates and conditions of carriage for traffic and governing the form, content and manner of filing of that tariff;

(j.4) prescribing any type of information in a confidential contract as non-confidential information;

(j.5) requiring a railway company to file with the superintendent any confidential contract between one or more railway companies and a shipper respecting the carriage of traffic at a rate less than a published rate;

(j.6) requiring a railway company to publish

(i) its tariff of rates for traffic, or

(ii) prescribed non-confidential information in a confidential contract,

and governing the manner of that publication;

(j.7) requiring and governing information returns to be provided by a railway company;

(j.8) prescribing records to be maintained by railway companies and how they are to be maintained;

(j.9) respecting the limitation or restriction of a railway company's liability to a passenger or shipper;

(j.10) prescribing maximum rates that may be charged by a railway company for the movement of traffic or any class of traffic on a railway, but only if the Lieutenant Governor in Council is satisfied that no alternative, effective, adequate and competitive means is available for the movement of that traffic;

(j.11) prescribing rules for the conduct of an arbitration under section 40;

36          The centred heading before section 51 and section 51 are repealed.

37          Clause 52(1)(c) of the French version is amended by striking out "une ordonnance rendue" and substituting "un ordre donné".

TRANSITIONAL

Transitional — legal proceedings

38          On the coming into force of this section, a legal proceeding or action that has been commenced or may be commenced by or against The Motor Transport Board in respect of any matter within its jurisdiction under The Provincial Railways Act, as that Act read immediately before the coming into force of this section, may be continued or commenced by or against the government.

Transitional — pending applications to Motor Transport Board

39(1)       Subject to subsection (2), on the coming into force of this section, any pending application to The Motor Transport Board under The Provincial Railways Act is deemed to be abandoned.

Applications to discontinue operation

39(2)       A person who has complied with any requirement set out in section 34.2 or 34.3 of The Provincial Railways Act, as those sections read immediately before the coming into force of this section, is deemed to have complied with that requirement for the purpose of an application for approval of the Superintendent of Railways under subsection 33(2) of The Provincial Railways Act, as amended by subsection 23(1) of this Act.

REPEAL AND COMING INTO FORCE

S.M. 2004, c. 26 (unproclaimed Act repealed)

40          The Provincial Railways Amendment Act, S.M. 2004, c. 26, is repealed.

Manitoba Regulation 28/99 repealed

41          The Provincial Railway Licence Application Rules of Procedure, Manitoba Regulation 28/99, is repealed.

Coming into force

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

Explanatory Note

This Bill makes significant changes to the regulation of traffic and transportation in Manitoba. The Highway Traffic Board and Motor Transport Board are eliminated. The Bill amends various Acts and repeals others in relation to the new regulatory framework.

Schedule A — Transportation Infrastructure Act

This Schedule enacts a new Act that modernizes the legislation for constructing and managing provincial transportation infrastructure. It eliminates the Highway Traffic Board and transfers jurisdiction over provincial highways to the government. It also sets out the authority and obligations of the department in relation to airports, docks and ferries.

The Act replaces both The Highways and Transportation Act and The Highways Protection Act.

Schedule B — Highway Traffic Amendment Act

This Schedule makes the following key amendments to The Highway Traffic Act.

SPEED LIMITS

Currently, the Highway Traffic Board is responsible for speed limits throughout the province, including the City of Winnipeg. With the board's elimination, municipalities are given the power to fix speed limits on municipal roads. The government retains the power to designate restricted speed areas in which the default speed limit is 50 km/h. Municipalities can override that default limit by by-law. The government also retains the responsibility for fixing speed limits on provincial highways.

OPERATING AND SAFETY CERTIFICATES

Currently, the Motor Transport Board regulates certain aspects of the transportation industry, such as commercial trucking and passenger public service vehicles. With the elimination of the board, operating certificates from the board are no longer required. Heavy trucks and buses continue to need safety fitness certificates issued by the government.

The elimination of the board results in the simplification of vehicle categories under The Highway Traffic Act. Registration classes and usage-based insurance classifications are still set by regulation.

OTHER AMENDMENTS

The Bill also

  • allows the government to broaden, by regulation, the manner in which a municipality may indicate temporary parking bans;
  • moves detailed vehicle equipment requirements from The Highway Traffic Act into regulations; and
  • requires agricultural and infrastructure equipment to have private liability insurance when driven on a highway.

Schedules C and D — Drivers and Vehicles Amendment Act and Manitoba Public Insurance Corporation Amendment Act

These Schedules amend The Drivers and Vehicles Act and The Manitoba Public Insurance Corporation Act to reflect the simplified vehicle categories and the elimination of the Motor Transport Board.

Schedule E — Provincial Railways Amendment Act

This Schedule amends The Provincial Railways Act to reflect the elimination of the Motor Transport Board. It simplifies the regulatory framework for short-line railways and creates a Superintendent of Railways.

Other repeals

This Bill also repeals a number of unproclaimed statutory provisions and outdated regulations.