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The Off-road Vehicles Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1994, c. 26

The Off-road Vehicles Amendment Act

(Assented to July 5, 1994)

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

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

1           The Off-Road Vehicles Act is amended by this Act.

2           The definition "registration period" in subsection 1(1) is repealed and the following is substituted:

"registration period" means a period beginning on October 1 of a year and ending on September 30 of the following year; (« période d'immatriculation »)

3           The following is added after section 6.1:

Insurance on ORV's other than dealer ORV's

6.2(1)      An off-road vehicle, other than an off-road vehicle of a dealer, shall not be registered unless the insurance premium prescribed in the regulations under The Manitoba Public Insurance Corporation Act has been paid for insurance against liability arising from bodily injury to, or the death of, one or more persons or loss of, or damage to, property occasioned by the use or operation of an off-road vehicle at least to the limits required of an owner under those regulations.

Insurance on dealer ORV's

6.2(2)      An off-road vehicle of a dealer shall not be registered unless there is an insurance policy in accordance with The Insurance Act and regulations issued to the owner insuring against liability arising from bodily injury to, or the death of, one or more persons or loss of, or damage to, property occasioned by the use or operation of an off-road vehicle at least to the limits mentioned in section 249 of that Act.

Cancellation or change of insurance policy

6.2(3)      A cancellation of, or a material change in, an insurance policy described in subsection (2), other than an insurance policy of The Manitoba Public Insurance Corporation, is not effective unless the registrar is given 10 days notice in writing stating

(a) the name of the insured;

(b) the particulars of the off-road vehicle; and

(c) the fact of cancellation or the particulars of the change in the policy, as the case may be.

Interpretation of "material change"

6.2(4)      In subsection (3), a change in an insurance policy is a material change if the registrar would have refused to register the vehicle under subsection (2) had the policy with the change made been provided in connection with an application to register an off-road vehicle.

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

Combined registration and insurance certificate

7(3)        The registrar may issue a combined registration and insurance certificate for an off-road vehicle insured by The Manitoba Public Insurance Corporation.

5           Subsection 9(2) is repealed.

6           Section 20 is repealed.

7           The following is added after section 56:

Registration cancelled when insurance cancelled

56.1        If the policy of insurance described in subsection 6.2(2) on an off-road vehicle is provided by an insurer other that The Manitoba Public Insurance Corporation, a registration certificate for the off-road vehicle is cancelled when the policy of insurance is cancelled.

8           Subsection 57(1) is amended

(a) in the section heading by adding "or cancellation" after "suspension"; and

(b) by adding "or cancelled" after "suspended" and "or cancellation" after "suspension".

9           The following is added after section 57:

Return of registration plate and certificate

57.1        If the registration of an off-road vehicle is suspended or cancelled, the registered owner shall without delay return the registration certificate and registration plate authorized for use on the off-road vehicle to the registrar.

Seizure of registration plates

57.2        A peace officer who has reason to believe that an off-road vehicle displays a registration plate

(a) that is not authorized for use on that off-road vehicle;

(b) that, although issued for that off-road vehicle, was obtained by false pretences;

(c) that was issued for that vehicle, but the registration has been suspended or cancelled;

(d) that is required to be returned to the registrar under section 8 or subsection 9(1);

may take possession of the registration plate and retain it until the facts concerning its use or issue, the suspension or cancellation of the registration or the requirement for its return, as the case may be, have been ascertained or, if an information is laid, until the final disposition of the case.

Coming into force

10          This Act comes into force on October 1, 1994.