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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. 1995, c. 11

The Off-Road Vehicles Amendment Act

(Assented to November 3, 1995)

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           Subsection 1(1) is amended by repealing the definition "registration period" and substituting the following:

"registration period" means the registration period for an off-road vehicle as determined under the regulations; (« période d'immatriculation »)

3           Section 3 is repealed and the following is substituted:

Registration required

3           Subject to section 4, no person shall operate an off-road vehicle, and no owner of an off-road vehicle shall permit it to be operated, unless there is a currently valid registration certificate issued under this Act for the off-road vehicle.

4           Subsection 49(1) is amended by striking out "$500." and substituting "$1,000.".

5           The following is added after section 54:

Application of s. 265 of C.C.S.M. c. H60

54.1        Section 265 of The Highway Traffic Act applies with such modifications as the circumstances require to the driver of an off-road vehicle.

6(1)        The part of subsection 55(1) preceding clause (a) is repealed and the following is substituted:

55(1)       Where the owner or operator of an off-road vehicle fails to comply with any provision of this Act or the regulations, or where in the opinion of the registrar there is reasonable cause, the registrar may suspend

6(2)        Subsection 55(4) is repealed.

7           The following is added after section 55:

Indebtedness re M.P.I.C. or registrar

55.1(1)     When a person is indebted, by reason of a dishonoured cheque or otherwise, for

(a) a fee prescribed by regulation;

(b) a premium, additional premium, surcharge or other amount prescribed by regulation under The Manitoba Public Insurance Corporation Act; or

(c) payment of benefits or insurance money or the assumption of liability for payment of benefits or insurance money by the Manitoba Public Insurance Corporation for an off-road vehicle;

the registrar may take one or more of the actions described in subsection (2) until the indebtedness is paid.

Actions of registrar

55.1(2)     When a person is indebted as described in subsection (1), the registrar may do one or more of the following:

(a) suspend the registration of any off-road vehicle registered in the person's name;

(b) suspend the person's right to register any off-road vehicle;

(c) refuse to register any off-road vehicle in the person's name.

Powers of registrar

55.1(3)     When a person in respect of whom the registrar has taken action under subsection (2) or under subsection 269(1) or (2) of The Highway Traffic Act applies for registration of an off-road vehicle,

(a) the registrar may deny the application unless the applicant pays all

(i) the indebtedness described in subsection (1), and

(ii) the fees and indebtedness under subsection 269(1) or (2) of The Highway Traffic Act; and

(b) if the payment made with the application is not sufficient to pay all of the amounts described in clause (a), the registrar

(i) may apply the payment, firstly, towards any indebtedness to the registrar in the order in which the indebtedness was incurred and, secondly, towards payment of any indebtedness to The Manitoba Public Insurance Corporation in the order in which the indebtedness was incurred, and

(ii) subject to The Financial Administration Act, shall refund any balance to the applicant.

8           Subsection 57(1) is repealed and the following is substituted:

Notice of refusal, suspension or cancellation

57(1)       The registrar shall without delay give notice of a refusal to register, or a suspension or cancellation of the registration of, an off-road vehicle.

9           The following is added after section 57.2:

Application of s. 279 of C.C.S.M. c. H60

57.3        Section 279 of The Highway Traffic Act applies to a refusal, suspension or cancellation of a registration under this Act.

10           Section 59 is amended by renumbering it as subsection 59(1) and by adding the following as subsection 59(2):

Signature of registrar

59(2)       An engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature of the registrar is a sufficient authentication of a certificate, whether or not the signature was on the document that becomes the certificate before the matter of record was indicated on the document.

11          Section 68 is amended by adding the following after clause (a):

(a.1) respecting the period for which registration certificates, or any class of registration certificates, for off-road vehicles or any category of off-road vehicles are valid;

Coming into force

12          This Act comes into force on the day it receives royal assent.