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The Highway Traffic Amendment Act (5)

S.M. 1989-90, c. 7

Bill 54, 2nd Session, 34th Legislature

The Highway Traffic Amendment Act (5)

(Assented to October 18, 1989)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

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

1           The Highway Traffic Act is amended in the manner set out in this Act.

Section 1 amended

2           Section 1 is renumbered as subsection 1(1) and the following is added after it.

Interpretation

1(2)        For the purposes of a document, information, application, prosecution, process or other proceeding commenced or issued under or pursuant to this Act, any one or more of the terms "disqualified", "suspended", "cancelled" or "prohibited" or terms to like effect and other parts of speech and tenses of those terms may be used synonymously or interchangeably and the use of one or more or any of those terms does not affect the validity or sufficiency of the document, information, application, prosecution, process or other proceeding.

Subsection 242.1(1) amended

3           Subsection 242.1(1) is amended by adding "the motor vehicle" after "take" and by striking out everything after "law".

Subsection 242.1(2) amended

4           Subsection 242.1(2) is amended in subclause (a)(i) and clause (b) by striking out "person charged" wherever it occurs and substituting "driver".

French version of subsection 242.1(2) amended

5           The French version of subsection 242.1(2) is amended

(a) in clause (a), by striking out "récépissé concernant la saisie et la mise en fourrière et" and by substituting "constat de saisie et de mise en fourrière";

(b) by striking out "récépissé" where it occurs elsewhere in the subsection and substituting "constat".

Subsection 242.1(5) amended

6           That portion of subsection 242.1(5) that precedes clause (a) is amended

(a) by striking out "is charged in connection with the seizure and impoundment of the motor vehicle" and substituting "was the driver at the time the motor vehicle was liable to seizure and impoundment"; and

(b) by striking out "person charged" and substituting "driver"; and

(c) by striking out "person was disqualified" and substituting "driver was disqualified".

Subsection 242.1(6) amended

7           That portion of subsection 242.1(6) that precedes clause (a) is amended by striking out "is charged in connection with the seizure and impoundment of the motor vehicle" and substituting "was the driver at the time the motor vehicle was liable to seizure and impoundment".

Subsection 242.1(7) amended

8           Subsection 242.1(7) is amended by striking "the" before "peace officer" and substituting "a".

Subsection 242.1(10) amended

9           Subsection 242.1(10) is amended by striking out "peace officer" and substituting "Department of Justice".

Subsection 242.1(12) repealed and substituted

10          Subsection 242.1(12) is repealed and the following is substituted:

Owner's right against driver

242.1(12)   The owner of a motor vehicle seized and impounded under this section may recover any lien costs that he or she has paid from the person who was the driver at the time the motor vehicle was liable to seizure and impoundment.

Subsection 263.1(1) amended

11          Subsection 263.1(1) is amended:

(a) in clause (a) by striking out "contrary to section 253(b) of the Criminal Code"; and

(b) in clause (b) by striking out "and" and substituting "or".

Subsection 263.1(6) amended

12          Subsection 263.1(6) is amended by striking out "shall be suspended and a person without a licence shall be disqualified," and by substituting "is suspended under this section and a person without a licence or permit is disqualified under this section".

Subsection 263.1(7) amended

13          Subsection 263.1(7) is amended by striking out "shall be disqualified" and substituting "is disqualified under this section".

Subsection 263.2(5) amended

14          Subsection 263.2(5) is amended by striking out "appellant" and substituting "applicant".

Subsection 263.2(6) amended

15          Subsection 263.2(6) is amended

(a) by adding "In a review under this section," before "the registrar";

(b) in clause (a), by striking out "or other information accompanying the application" and substituting "and any other relevant information"; and

(c) in clause (d), by striking out "the evidence" and substituting "in addition to matters referred to in clauses (a), (b) and (c), any relevant evidence".

Subsection 263.2(7) amended

16          Subsection 263.2(7) is amended

(a) before clause (a) by adding "in a review under this section" after "registrar";

(b) in clause (a) by striking out "exceeds" and substituting "exceeded" and by striking out "at the time a charge was laid under section 253 of the Criminal Code"; and

(c) in clause (b) by striking out "and" after "care" and substituting "or".

Subsection 279(1.1) repealed and substituted

17          Subsection 279(1.1) is repealed and the following is substituted:

Certain persons not eligible to apply

279(1.1)    A person who is convicted of three or more offences under sections 219, 220, 221, 236, 249, 252, 253, 254, 255 or 259 of the Criminal Code committed within a five year period is not eligible to apply to the Appeal Board until the period of suspension or disqualification imposed in respect of the offences has expired.

Clause 319(1)(uuu) repealed and substituted

18          Clause 319(1)(uuu) is repealed and the following is substituted:

(uuu) 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;

Coming into force

19(1)       This Act, except sections 1 and 2, comes into force on November 1, 1989.

Coming into force

19(2)       Sections 1 and 2 are retroactive and are deemed to have come into force on June 26, 1985.