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2nd Session, 42nd 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 20

THE DRIVERS AND VEHICLES AMENDMENT 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:

C.C.S.M. c. D104 amended

1           The Drivers and Vehicles Act is amended by this Act.

2           The following is added after section 99:

ADMINISTRATIVE PENALTIES

Administrative penalty

99.1(1)     Subject to section 100, the registrar may require the holder of a driver training school permit or a driving instructor's permit to pay an administrative penalty if the registrar is of the opinion that the permit holder failed to comply with a requirement of this Part, an obligation of a permit holder in a regulation, or a condition of the permit.

Penalty amount

99.1(2)     The amount of an administrative penalty must be determined in accordance with the regulations but may not exceed $5,000.

Payment

99.1(3)     Subject to an appeal, a person required to pay an administrative penalty must pay it within 30 days after

(a) the registrar provides notice to the permit holder under subsection 100(5.1), if the permit holder did not make a written submission or contact the registrar to arrange for a hearing; or

(b) the registrar gives a copy of the registrar's decision under subsection 104(3) to the permit holder, if the penalty is imposed after a written submission or hearing.

Debt due to government

99.1(4)     The amount of the penalty is a debt due to the government if it is not paid

(a) within the time required by subsection (3); or

(b) in the case of an appeal, within 30 days after a decision is made on the appeal or the appeal is withdrawn.

Certificate registered in court

99.1(5)     The registrar may certify a debt referred to in subsection (4), or any part of such a debt that has not been paid. The certificate may be registered in the Court of Queen's Bench and may be enforced as if it were a judgment of the court.

No offence to be charged if penalty is paid

99.1(6)     A person who pays an administrative penalty under this section in respect of a contravention may not be charged with an offence respecting that contravention, unless the contravention continues after the penalty is paid.

3           The centred heading "NOTICE AND HEARING" is added before section 100.

4(1)        Subsection 100(1) is amended

(a) by replacing the section heading with "Notice of proposal";

(b) in the part before clause (a), by striking out "or proposes to suspend or cancel a permit" and substituting ", suspend or cancel a permit or impose an administrative penalty";

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

(a.1) the amount of the administrative penalty, if any, and the name of the permit holder;

(d) in clause (b) of the English version, by striking out "person" and substituting "applicant or permit holder".

4(2)        Subsection 100(5) of the French version is amended, in the section heading and in the section, by striking out "écrites ou" and substituting "écrites et".

4(3)        The following is added after subsection 100(5):

Notice re deadline to pay or appeal administrative penalty

100(5.1)    If the proposal includes an administrative penalty, the registrar must give notice to the permit holder of the date by which it must be paid and the appeal deadline under section 106. The notice must be given in the manner set out in subsection (3).

5(1)        Clause 104(1)(a) is amended by adding "as proposed or as varied," after "carry out the proposal".

5(2)        Subsection 104(3) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) if the decision imposes an administrative penalty, include in the decision a provision advising the permit holder of the date by which it must be paid and the appeal deadline under section 106; and

6           Section 106 is amended by renumbering it as subsection 106(1) and adding the following as subsections 106(2) and (3):

Deadline to appeal administrative penalties

106(2)      A permit holder seeking to appeal an administrative penalty must make the appeal within 30 days after the registrar's decision to impose the penalty. Despite subsection 279(26) of The Highway Traffic Act, the appeal board must not receive an appeal application if it is filed after that time.

Administrative penalty stayed pending appeal

106(3)      An appeal operates to stay an administrative penalty imposed under this Part until the appeal board decides the appeal or the appeal is withdrawn.

7(1)        The definition "administrative decision" in subsection 106.1(1) is amended in clause (a) by adding "or to impose an administrative penalty" at the end.

7(2)        Subsection 106.1(2) is amended by adding the following after clause (b):

(b.1) the amount of the administrative penalty;

8           Subsection 123(1) is amended

(a) by adding the following after clause (k):

(k.1) respecting the determination of administrative penalties under section 99.1, which may vary according to the nature or frequency of the contravention;

(b) in clause (l), by adding "driver training schools," before "dealers," wherever it occurs.

Consequential amendments, C.C.S.M. c. H60

9(1)        The Highway Traffic Act is amended by this section.

9(2)        Subsection 279(18) is amended by adding the following after clause (c):

(d) revoke an administrative penalty imposed under Part 7 of The Drivers and Vehicles Act;

(e) reduce the amount of an administrative penalty imposed under Part 7 of The Drivers and Vehicles Act if the amount is not in accordance with the regulations under that Act.

9(3)        Clause 279(19)(a) is amended by striking out "is revoked," and substituting ", if any, is revoked".

Coming into force

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

Explanatory Note

This Bill amends The Drivers and Vehicles Act. The Registrar of Motor Vehicles may impose an administrative penalty on a driver training school or a driving instructor for a contravention of the Act, the regulations or a permit condition. A penalty may be appealed to the Licence Suspension Appeal Board.

Bonding requirements may be set by regulation.

Consequential amendments are made to The Highway Traffic Act.