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The Highway Traffic Amendment Act

S.M. 1991-92, c. 23

Bill 46, 2nd Session, 35th Legislature

The Highway Traffic Amendment Act

(Assented to July 26, 1991)

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

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

1           The Highway Traffic Act is amended by this Act.

Subsection 242.1(1) amended

2(1)        Subsection 242.1(1) is amended by striking out "A peace officer" and substituting "Subject to subsection (1.1), a peace officer".

Subsections 242.1(1.1) to (1.3) added

2(2)        The following is added after subsection 242.1(1):

Motor vehicle released for safety, undue hardship

242.1(1.1)  Where a peace officer is satisfied that the seizure and impoundment of a motor vehicle under subsection (1) would jeopardize the safety of, or cause undue hardship to, any person, the peace officer may delay taking custody of the motor vehicle and permit the motor vehicle to be driven to a location specified by the peace officer, where any peace officer may take custody of it.

Application for warrant to seize and impound

242.1(1.2)  Where under subsection (1.1) a peace officer permits a motor vehicle to be driven to a specified location and the motor vehicle is not taken into custody at that location, a peace officer may make application to a justice for an order to seize and impound the motor vehicle in accordance with this section, with necessary modifications.

Release of motor vehicle before hearing

242.1(1.3)  Notwithstanding subsection (1), where at any time before a hearing is conducted under this section, a peace officer is satisfied that a motor vehicle seized and impounded under subsection (1) is stolen, the peace officer may, subject to the approval of a person designated by the Minister of Justice, release the motor vehicle to the owner, or a person authorized by the owner to take possession of it, and subsection (13) applies to the release with necessary modifications.

Subsection 242.1(4.1) added

2(3)        The following is added after subsection 242.1(4):

Justice to consider report and certificate

242.1(4.1)  In a hearing conducted under subsection (4), the justice shall consider a report of a peace officer respecting the seizure and impoundment of the motor vehicle, and may consider

(a) a certificate of the registrar respecting any licence or permit issued under this Act in the name of

(i) the owner who applies under subsection (4),

(ii) the person named as the driver of the motor vehicle in an acknowledgment completed under subsection 242.1(2), and

(iii) the person named as the driver of the motor vehicle by the applicant owner, where the person is not the same person named in subclause (ii); and

(b) a report of a person designated by the Minister of Justice respecting a record of any previous seizure and impoundment under this section of a motor vehicle that was at the time of the seizure and impoundment registered in the name of, or owned by, the owner applying under subsection (4).

Subsections 242.1(7.1) to (7.4) added

2(4)        The following is added after subsection 242.1(7):

Two seizures within two years

242.1(7.1)  Notwithstanding subsection (7), where a motor vehicle seized and impounded under this section is registered in the name of, or owned by, a person who, within two years before the day of the seizure and impoundment of the motor vehicle, was registered as the owner, or was the owner, of a motor vehicle that was seized and impounded under this section, and the seizure and impoundment was not revoked by a justice under subsection (5) or (6), the motor vehicle shall be impounded for a period of 60 days from the day it is seized.

Storage of motor vehicle under subsection (7.1)

242.1(7.2)  Subsection (3) applies with necessary modifications to the period of impoundment authorized by subsection (7.1).

Justice to consider report

242.1(7.3)  Subsections (4) and (4.1) apply with necessary modifications to an application by an owner of an impounded motor vehicle who contests the application of subsection (7.1) to the motor vehicle, and the justice who hears the application shall consider a report from a person designated by the the Minister of Justice respecting any other motor vehicle seized and impounded under this section

(a) while registered in the name of, or owned by, the applicant; and

(b) within two years previous to the day of the seizure and impoundment of the motor vehicle that is the subject of the application.

Designated person to give notice

242.1(7.4)  The Minister of Justice may designate a person who shall provide reports for the purpose of subsection (3) and, where a motor vehicle is subject to the period of impoundment authorized under subsection (7.1), give notice to

(a) the owner of the motor vehicle;

(b) the garage keeper who has custody of the motor vehicle; and

(c) the peace officer who seized and impounded the motor vehicle;

that, subject to the order of a justice revoking the impoundment, the motor vehicle shall not be released before the expiry of 60 days from the day the motor vehicle was seized.

Subsections 242.1(10.1) and (10.2) added

2(5)        The following is added after subsection 242.1(10):

Disposal of motor vehicle by garage keeper

242.1(10.1) Notwithstanding subsections (9) and (10), where a motor vehicle seized under this section is impounded for not less than 90 days, the garage keeper who stores it may, subject to the approval of a person that the Minister of Justice may designate, dispose of it by sale or otherwise, after surrendering any number plate from the motor vehicle to the designated person and filing with him or her

(a) a statutory declaration of the garage keeper declaring that the amount of his or her lien on the motor vehicle exceeds his or her estimate of its value; and

(b) a certificate issued under The Personal Property Security Act showing that the serial number of the motor vehicle is not identified as an item of collateral in the personal property registry.

Transfer of ownership to garage keeper

242.1(10.2) Where under subsection (10.1) the designated person approves the disposal of a motor vehicle by a garage keeper, the designated person shall complete a transfer of vehicle ownership, in a form that the Minister of Justice may prescribe, from the owner of the motor vehicle to the garage keeper, and the registrar shall, on receiving the completed form and any number plate from the motor vehicle, cancel the registration of the motor vehicle and forward any refund therefrom to the designated person for application to any costs and charges owing to the Minister of Finance in respect of the motor vehicle, as prescribed by regulation, after which any balance shall be paid to the previous owner of the motor vehicle.

Subsections 242.1(13) to (16) added

2(6)        The following is added after subsection 242.1(12):

Minister may indemnify for wrongful seizure

242.1(13)   Notwithstanding subsection 41(2) of The Financial Administration Act, subsections (3) and (4) of this section, and regulations made under subsections (3) and (4), the Minister of Justice may, where he or she is satisfied that a motor vehicle has been wrongfully seized and impounded under this section,

(a) authorize the release of the motor vehicle from impoundment;

(b) waive any fee, cost or charge prescribed by regulation; and

(c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the seizure and impoundment.

Justice may order seizure of motor vehicle

242.1(14)   A peace officer may apply to a justice for an order authorizing the seizure and impoundment of a motor vehicle under this section and, where the justice is satisfied that the peace officer has reason to believe that a person has operated a motor vehicle contrary to section 225(1) of this Act or to section 259 of the Criminal Code, the justice may grant an order authorizing any peace officer to seize, impound and take the motor vehicle into the custody of the law and, for that purpose, to enter a building or place where the motor vehicle is stored or kept.

Result of failure to obtain order

242.1(15)   The failure of a peace officer to obtain an order from a justice under subsection (14) does not invalidate any seizure and impoundment of a motor vehicle that is otherwise lawfully performed or authorized.

Tabling of annual report in Assembly

242.1(16)   A person designated by the Minister of Justice shall, within 60 days of the end of each fiscal year, submit a report respecting operations under this section to the Minister of Justice who shall immediately lay a copy of the report before the Legislative Assembly if the Assembly is then in Session or, if the Assembly is not then in Session, within 15 days of the commencement of the next Session.

Proclamation

3           This Act comes into force on a day fixed by proclamation.