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The Highway Traffic Amendment Act

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

S.M. 1997, c. 37

THE HIGHWAY TRAFFIC AMENDMENT ACT


 

(Assented to June 28, 1997)

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.

2(1)      Subsection 1(1) is amended

(a) by adding the following definitions in alphabetical order:

"recycler" means a person who carries on the business, or holds himself or herself out as carrying on the business, of

(a) buying motor vehicles or parts of motor vehicles

(i) to destroy them for scrap or dismantle them for parts, or

(ii) for resale to another for the purpose of destroying them for scrap or dismantling them for parts, or

(b) buying and selling used motor vehicle parts; (« récupérateur »)

"registration class sticker" means a sticker referred to in subsections 4.2(1) to (3.2); (« vignette de classe d'immatriculation »)

"salesperson" means a person employed or otherwise engaged by a dealer to buy and sell motor vehicles or trailers or to negotiate agreements to buy and sell motor vehicles or trailers on the dealer's behalf; (« vendeur »)

"subsisting", in relation to a licence, permit or certificate, means a licence, permit or certificate that has not at the relevant time expired or been suspended, cancelled or revoked; (« valide »)

"validation sticker" means a sticker referred to in subsections 4.2(1) to (3.2); (« vignette de validation »)

"vehicle identification number" means

(a) the manufacturer's vehicle identification number of a motor vehicle, or

(b) the vehicle identification number authorized to be attached to a motor vehicle under subsection 4.10(3) or the laws of a jurisdiction outside Manitoba; (« numéro d'identification de véhicule »)

"written off", in relation to a motor vehicle, means written off as described in the regulations; (« perte totale »)

(b) by repealing the definitions "cab card" and "vehicle used by a police force" and substituting the following in alphabetical order:

"cab card" means a registration issued under the Canadian Agreement on Vehicle Registration or under an agreement made under subsection 4.3(3); (« fiche »)

"vehicle used by a police force" means a vehicle equipped as an emergency vehicle and includes a vehicle equipped as an emergency vehicle that is owned or leased by the government and used by a person employed by the government as a peace officer for the enforcement of an Act or regulation of the Parliament of Canada or the Legislature, but does not include a vehicle equipped as an emergency vehicle when it is used for non-enforcement purposes by a person who is not a peace officer; (« véhicule utilisé par un service de police »)

(c) by repealing the definition "dealer" and substituting the following:

"dealer" means a person who carries on the business, or holds himself or herself out as carrying on the business, of buying and selling motor vehicles or trailers, as principal or agent; (« commerçant »)

(d) by repealing the definitions "salesman" and "wrecker".

2(2)      Subsection 1(3) is amended by adding "or under the regulations" after "the minister".

3(1)      Subclauses 4.2(1)(a)(ii) and (iii) are repealed and the following is substituted:

(ii) there is displayed on the vehicle in accordance with the regulations

(A) the number and type of number plates that are prescribed by regulation for use on a vehicle of the registration class to which the vehicle belongs, and

(B) the number plate or plates referred to in paragraph (A) that show the number of the registration card issued for the vehicle, and

(iii) there are displayed on a number plate referred to in subclause (ii), when required by and in accordance with the regulations, stickers evidencing

(A) the fact that the vehicle's registration is currently valid, and

(B) the registration class of the vehicle; or

3(2)      Subsections 4.2(2) and (3) are repealed and the following are substituted:

Drive-away units

4.2(2)    A registration card issued for a drive-away unit is deemed to be issued for any and all vehicles that from time to time comprise the unit when

(a) there is displayed on the drive-away unit in accordance with the regulations

(i) the number and type of number plates that  are prescribed by regulation for use on a drive-away unit of the registration class to which the motor vehicle in the drive-away unit that moves on its own motive power belongs,  and

(ii) the number plate or plates referred to in subclause (i) that show the number of the registration card issued for the drive-away unit; and

(b) there are displayed on a number plate referred to in clause (a), when required by and in accordance with the regulations, stickers evidencing

(i) the fact that the registration is currently valid, and

(ii) the registration class of the motor vehicle in the drive-away unit that moves on its own motive power.

Dealers' plates

4.2(3)    A registration card issued to a dealer in relation to a dealers' plate or plates is deemed to have been issued for a vehicle when

(a) there is displayed on the vehicle in accordance with the regulations

(i) the number and type of number plates that  are prescribed by regulation for use on vehicles of the registration class to which the vehicle belongs, and

(ii) the number plate or plates referred to in subclause (i) that show the number of the registration card issued in relation to the vehicles; and

(b) there are displayed on a number plate referred to in clause (a), when required by and in accordance with the regulations, stickers evidencing

(i) the fact that the registration is currently valid, and

(ii) the registration class of the vehicle.

Repairers' plates

4.2(3.1)  A registration card issued to a repairer in relation to a repairers' plate or plates is deemed to have been issued for a vehicle when

(a) there is displayed on the vehicle in accordance with the regulations

(i) the number and type of number plates that are prescribed by regulation for use on vehicles in the registration class to which the vehicle belongs, and

(ii) the plate or plates referred to in subclause (i) that show the number of the registration card issued in relation to the vehicles; and

(b) there are displayed on a number plate referred to in clause (a), when required by and in accordance with the regulations, stickers evidencing

(i) the fact that the registration is currently valid, and

(ii) the registration class of the vehicle.

Convenience plates

4.2(3.2)  A registration card issued to a person prescribed by regulation for the purpose of subsection 4.29.1(1) in relation to a convenience plates is deemed to have been issued for a vehicle used for a purpose or in circumstances prescribed by regulation when

(a) there is displayed on the vehicle in accordance with the regulations

(i) the number and type of number plates that are prescribed by regulation for use on vehicles of the registration class to which the vehicle belongs, and

(ii) the number plate or plates referred to in subclause (i) that show the number of the registration card issued for the vehicles; and

(b) there are displayed on a number plate referred to in clause (a), when required by and in accordance with the regulations, stickers evidencing

(i) the fact that the registration is currently valid, and

(ii) the registration class of the vehicle.

4         Section 4.10 is repealed and the following is substituted:

Missing vehicle identification numbers

4.10(1)   Except as provided in this section, a motor vehicle shall not be registered if the manufacturer's vehicle identification number has been removed, altered, obliterated or destroyed, or has become illegible or lost.

Exceptions

4.10(2)   A motor vehicle may be registered if

(a) the registrar is satisfied that there is attached to the motor vehicle a vehicle identification number authorized

(i) under subsection (3), or

(ii) under the laws of a jurisdiction outside Manitoba; and

(b) the vehicle identification number on the vehicle has not been defaced, altered or obliterated or has not become illegible.

Assignment of vehicle identification number  

4.10(3)   The registrar may  

(a) assign a vehicle identification number to a motor vehicle on application by a person who has possession of the motor vehicle and who files proof of his or her ownership satisfactory to the registrar; and

(b) on such terms and conditions as the registrar considers proper, authorize a peace officer to attach the vehicle identification number permanently to the motor vehicle in the manner and location specified by the registrar.

5         Sections 4.12 and 4.13 are repealed and the following is substituted:

Definition

4.12(1)   In this section, "spouse" of a transferor includes a person to whom the transferor is not married but with whom the transferor has cohabited as his or her spouse for a continuous period of at least 12 months.

Application

4.12(2)   This section does not apply to a motor vehicle that has the status of a salvageable motor vehicle.

Inspection certificate required for registration

4.12(3)   A motor vehicle shall not be registered by registration card under this Act unless the applicant files with the registrar an inspection certificate or certificates for the motor vehicle that meet the requirements of the regulations.

Notice of written-off vehicle

4.12.1(1) An insurer or other person designated in the regulations who writes off a motor vehicle shall, not later than six days after writing off the motor vehicle,

(a) in the manner prescribed by regulation notify the registrar of the information prescribed by regulation; and

(b) specify whether the vehicle has the status of an irreparable or salvageable motor vehicle.

Return of registration card or permit

4.12.1(2) The person in possession of a registration card or registration permit for a motor vehicle that has the status of

(a) an irreparable motor vehicle shall return the registration card or registration permit to the registrar not later than six days after the motor vehicle is written off; and

(b) a salvageable motor vehicle shall return the registration card or registration permit to the registrar not later than 30 days after the motor vehicle is written off.

Cancellation of registration: irreparable vehicle

4.12.2(1) The registrar shall cancel the registration card or registration permit for a motor vehicle that has the status of an irreparable motor vehicle without delay after receiving notice under subsection 4.12.1(1) that it has been written off.

No registration of irreparable vehicle

4.12.2(2) No registration card or registration permit for a motor vehicle that has the status of an irreparable motor vehicle may ever be issued by the registrar.

Cancellation of registration: salvageable motor vehicle

4.12.3(1) The registrar shall cancel the registration card or registration permit for a motor vehicle that has the status of a salvageable motor vehicle not later than 30 days after the motor vehicle was written off, unless during that period a replacement registration card or registration permit for a motor vehicle is issued under subsection (2).

Replacement registration for rebuilt vehicle

4.12.3(2) The registrar shall issue a replacement registration card or registration permit for a motor vehicle that has the status of a salvageable motor vehicle if the registered owner

(a) files with the registrar, within the 30 days described in subsection (1), the inspection certificates prescribed by the regulations;

(b) returns the last registration card or registration permit issued for the motor vehicle to the registrar; and

(c) is otherwise eligible to be issued a registration card or registration permit.

New registration for rebuilt vehicle

4.12.3(3) If a replacement registration card or registration permit for a motor vehicle that has the status of a salvageable motor vehicle is not issued under subsection (2), a new registration card or registration permit may be issued for the motor vehicle only after the person applying for registration files with the registrar the inspection certificates prescribed by the regulations.

Registration card to indicate vehicle rebuilt

4.12.3(4) Subject to subsection (5), a replacement registration card issued for a motor vehicle under subsection (2), a new registration card issued for a motor vehicle under subsection (3) and every registration card issued for the motor vehicle after that shall have the word "REBUILT" shown on the card.

Exception

4.12.3(5) Subsection (4) does not apply if a motor vehicle again has the status of a salvageable motor vehicle.

Operating irreparable motor vehicle

4.12.4(1) No person shall operate a motor vehicle that has the status of an irreparable motor vehicle on a highway.

Operating salvageable motor vehicle

4.12.4(2) No person shall operate a motor vehicle that has the status of a salvageable motor vehicle on a highway unless it

(a) has been repaired; and

(b) is being operated in a road test under the regulations.

Cancellation of registration

4.13      The registrar may cancel the registration card of a motor vehicle if an inspection certificate for the vehicle filed under section 4.12 or subsection 4.12.3(2) or (3)

(a) was not issued in accordance with the regulations; or

(b) is false or misleading, or misrepresents or fails to disclose a material fact.

6         Subsection 4.14(2) is amended in the part preceding clause (a) by striking out "number plate originally issued for it" and substituting "number plate or plates  authorized at the time of registration".

7         Section 4.19 is amended

(a) in subsection (1),  by adding "or plates" after "number plate" and by striking out "it" wherever it occurs and substituting "them";

(b) in subsection (2), by adding "or plates" after "number plate"  wherever it occurs in the part following clause (b);

(c) in subsection (3), by adding "or plates" after "number plate" in the part preceding clause (a); and

(d) in subsection (4), by adding "or plates" after "number plate" in the part preceding clause (a).

8(1)      Section 4.20 is amended by adding "or plates" after "number plate" in

(a) subsection (1), in the part following clause (b); and

(b) subsection (2).

8(2)      Clauses 4.20(3)(a) and (c) are amended by adding "number plate or" before "plates".

9         Subsection 4.24(1) is repealed and the following is substituted:

Issue or authorization of plates

4.24(1)   When issuing a registration card for a vehicle,

(a) the registrar shall issue to the applicant the number and type of number plates prescribed by regulation for use on a vehicle of the registration class to which the vehicle belongs, and the applicant is thereby authorized to use the plates on the vehicle; or

(b) the registrar may authorize the applicant to use the number and type of number plates prescribed by regulation for use on a vehicle of the registration class to which the vehicle belongs if the applicant has that number and type of number plates in his or her possession.

Issue of validation and registration class stickers

4.24(1.1) The registrar may issue to the applicant for a registration card any validation sticker and registration class sticker required to be displayed by the regulations on a number plate authorized for use on a vehicle under subsection (1).

10        Subsection 4.25(1) is amended

(a) in the section heading of the English version, by striking out "plate" and substituting "plates"; and

(b) in the subsection, by striking out "the number plate required to be displayed on it is" and substituting "the number plate or plates required to be displayed on it are".

11        The following is added after subsection 4.28(2):

Dealers' plates on salvageable motor vehicles

4.28(2.1) No person shall attach a dealer's plate to a motor vehicle that has the status of a salvageable motor vehicle unless the vehicle

(a) has been repaired; and

(b) is being operated in a road test in accordance with the regulations.

12        The following is added after subsection 4.29(2):

Repairers' plates on salvageable motor vehicles

4.29(2.1) No person shall attach a repairer's plate to a motor vehicle that has the status of a salvageable motor vehicle unless the vehicle

(a) has been repaired; and

(b) is being operated in a road test in accordance with the regulations.

13        The following is added after section 4.29:

Convenience plates

4.29.1(1) A convenience plate may be issued to a person prescribed by regulation.

Use of convenience plates generally

4.29.1(2) No person shall attach a convenience plate to a vehicle except when permitted to do so by the regulations.

Convenience plates on salvageable motor vehicles

4.29.1(3) No person shall attach a convenience plate to a motor vehicle that has the status of a salvageable motor vehicle unless the vehicle

(a) has been repaired; and

(b) is being operated in a road test in accordance with the regulations.

Use of convenience plates on commercial vehicles

4.29.1(4) No person shall attach a convenience plate to a vehicle for the purpose of using it to transport persons or property for compensation unless the vehicle is operated in compliance with subsection 4.14(2).

Use in contravention of section

4.29.1(5) No person shall operate on a highway a vehicle to which a number plate is attached contrary to this section.

14        Subsection 4.31(1) is amended

(a) by repealing clause (b) and substituting the following:

(b) respecting transfer of ownership documents for vehicles, including

(i) specifying whose interest as owner is required to be identified and by whom, and requiring that the vehicle's odometer reading, status as an irreparable motor vehicle or salvageable motor vehicle and other information be set out in the transfer of ownership document,

(ii) prescribing the circumstances in which a transfer of ownership document is to be provided and to whom, and when it is to be updated,

(iii) requiring a transfer of ownership document to be filed with the registrar and providing for circumstances in which the registrar may waive the filing requirement, and

(iv) exempting persons or motor vehicles from any requirement of the regulations;

(b) by repealing clauses (c) and (d) and substituting the following:

(c) prescribing the number and type of number plates to be used on vehicles of  a specified registration class and respecting their display on a vehicle of that registration class;

(d) respecting the issue and form of validation stickers and the registration class stickers and their display on the number plates of vehicles or classes of vehicles;

(c) in clause (j), by striking out "or validation stickers" and substituting ", validation stickers or registration class stickers";

(d) by repealing clauses (l) to (m.2);

(e) by adding the following after clause (p):

(p.1) prescribing classes of persons for the purpose of subsection 4.29.1(1);

(p.2) providing for when a convenience plate issued to a person in a specified class may be attached to a vehicle for the purpose of subsection 4.29.1(1);

(f) in subclause (q)(I), by striking out "and validation stickers" and substituting ", validation stickers and registration class stickers";

(g) in subclause (q)(vi), by striking out "or validation stickers" and substituting ", validation stickers and registration class stickers".

15        Sections 19 to 21 and the Part heading preceding section 19 are repealed and the following is substituted:

PART I.1

PERMITS OF DEALERS, SALESPERSONS AND RECYCLERS AND GENERAL REPORTING REQUIREMENTS

Dealer's permit required

19(1)     No person shall carry on business as a dealer unless the person holds a subsisting permit as a dealer issued by the registrar.

Salesperson's permit required

19(2)     No person shall act as a salesperson of a dealer unless the person holds a subsisting permit as a salesperson of the dealer issued by the registrar.

Dealer to require salesperson's permit

19(3)     No dealer shall permit a person to act as a salesperson unless the person holds a subsisting permit as a salesperson issued by the registrar.

Inspection certificate on sale of vehicle

20(1)     A dealer shall not sell a motor vehicle unless the motor vehicle

(a) has passed the inspection and tests required by the regulations within the period of time preceding the sale prescribed by the regulations and the dealer furnishes the buyer with an inspection certificate prescribed by regulation for the motor vehicle in relation to those inspections and tests; or

(b) has failed to pass the inspection and tests required by the regulations and the dealer has furnished the buyer with the information prescribed by regulation about the results of the inspections and tests in the form prescribed by the regulations within the period of time preceding the sale prescribed by the regulations in relation to those inspections and tests.

Notice to repair

20(2)     When

(a) a dealer sells a motor vehicle for which he or she has provided an inspection certificate under clause (1)(a) or information under clause (1)(b); and

(b) the registrar is of the opinion that the inspection certificate or information does not correctly state the condition of the motor vehicle;

the registrar may give the dealer a notice in writing to take the remedial measures that in the registrar's opinion are necessary to make the motor vehicle conform with the inspection certificate or information within the time specified in the notice or any extension of time given in writing by the registrar.

Notice to present vehicle for inspection

21        The registrar may give a notice in writing to a dealer to present any vehicle owned by or in the possession of the dealer for inspection and testing at a time and place designated in the notice.

Recycler's permit required

21.1      No person shall carry on business as a recycler unless the person holds a subsisting permit as a recycler issued by the registrar.

Delay in disposal of motor vehicles

21.2(1)   Subject to subsection (2), no recycler shall

(a) destroy for scrap or dismantle for parts a motor vehicle of a class prescribed by regulation or a part of a motor vehicle prescribed by regulation; or

(b) sell or otherwise dispose of a motor vehicle of a class prescribed by regulation or a part of a motor vehicle prescribed by regulation that was acquired for the purpose of destroying it for scrap or dismantling it for parts;

within the period provided by regulation for the class of motor vehicle or the part of the motor vehicle.

Exception

21.2(2)   Subsection (1) does not apply to

(a) a motor vehicle or part of a motor vehicle that was

(i) purchased by the recycler from The Manitoba Public Insurance Corporation, or

(ii) already destroyed for scrap when it came into the possession of the recycler;

(b) a motor vehicle described in subsection 21.11(2) if the recycler has complied with the obligations under that subsection in relation to that motor vehicle; or

(c) a motor vehicle described in subsection 21.11(3) if the recycler has complied with the obligations under subsection 21.11(4) in relation to that motor vehicle.

Application for permit

21.3(1)   An application for a permit or renewal of a permit must be in the form and contain the information required by the registrar.

Salesperson must be an individual

21.3(2)   No person other than an individual may hold a permit as a salesperson.

Terms and conditions

21.3(3)   A permit is subject to the terms and conditions that the registrar considers appropriate and sets out or refers to in the permit.

Permit non-transferable

21.3(4)   A permit is not transferable.

Refusal of permit

21.4(1)   Subject to section 21.5, the registrar may refuse to issue a permit to an applicant who does not hold a permit

(a) if the applicant is an individual and his or her past conduct affords reasonable grounds to believe that the applicant will not carry on business as a dealer or recycler or conduct himself or herself as a salesperson, as the case may be, according to law and with integrity and honesty;

(b) if the applicant is incorporated and the past conduct of the corporation, its officers or directors affords reasonable grounds to believe that it will not carry on business as a dealer or recycler according to law and with integrity and honesty;

(c) if the applicant is or will be, if issued a permit, in contravention of this Act or the regulations;

(d) if the applicant fails to meet any qualification prescribed by regulation; or

(e) for any other reason that the registrar considers sufficient.

Refusal to renew, suspension or cancellation of permit

21.4(2)   Subject to section 21.5, the registrar may refuse to renew a permit or may suspend or cancel a permit

(a) for any reason that would entitle the registrar to refuse to issue a permit under subsection (1); or

(b) when the permittee is in breach of a term or condition of the permit.

Notice of proposal to refuse, suspend or cancel

21.5(1)   When the registrar proposes to refuse to issue or renew a permit or proposes to suspend or cancel a permit, the registrar shall give a notice of proposal to the applicant or permittee stating

(a) the nature of the proposal and the reasons for it; and

(b) that the applicant or permittee is entitled to a hearing by the registrar if he or she gives the registrar, within 15 days after the notice of proposal is given, a written notice requiring a hearing.

Provisional suspension etc.

21.5(2)   When in the registrar's opinion it is necessary for the immediate protection of the interests of members of the public, the registrar may provisionally suspend or refuse to renew a permit by giving a notice to a permittee stating

(a) the reason for the refusal to renew or suspension;

(b) that the applicant or permittee is entitled to a hearing by the registrar if he or she gives the registrar, within 15 days after the notice is given, a written notice requiring a hearing; and

(c) that, if he or she does not require a hearing, the permit will not be renewed or will be cancelled.

When no notice requiring hearing given

21.5(3)   When an applicant or permittee does not give notice requiring a hearing, the registrar may carry out the proposal stated in the notice under subsection (1) or cancel the permit under subsection (2), as the case may be.

When notice requiring hearing given

21.5(4)   An applicant or permittee who gives notice in accordance with clause (1)(b) or (2)(b) is entitled to a hearing by the registrar, who shall give notice of the time and place of the hearing to him or her.

Voluntary cancellation

21.5(5)   Despite subsection (1) or (2), the registrar may cancel a permit on the written request of the permittee and the surrender of the permit.

Permit to continue pending renewal

21.5(6)   In any case other than that referred to in subsection (2), if, before the expiry of his or her permit,  a permittee applies for renewal of a permit, the permit continues

(a) until it is renewed; or

(b) when the permittee has been given a notice that the registrar proposes to refuse the renewal of the permit or to suspend or cancel it,

(i) until the time for giving notice requiring a hearing has expired, and

(ii) when a hearing is required, until the registrar has made his or her decision.

Extension of time

21.5(7)   The registrar may extend the time for requiring a hearing under this section either before or after its expiry.

Decision after hearing

21.6(1)   After a hearing, the registrar may do one or more of the following:

(a) carry out the proposal or refrain from doing so;

(b) confirm a refusal to renew or suspension of a permit and cancel the permit or issue the permit;

(c) vary the terms and conditions of the permit or take any other action that the registrar considers that he or she ought to take to give effect to the purposes of this Part.

Conditions on decision

21.6(2)   The registrar may attach such terms and conditions to the decision as he or she considers proper to give effect to the purposes of this Part.

Decision to be given to applicant or permittee

21.6(3)   The registrar shall as soon as reasonably practicable

(a) give a copy of the decision to the applicant or permittee; and

(b) when requested, give him or her reasons for the decision.

Reapplication

21.7      After a refusal or cancellation of a permit, a further application for a permit may be made when there is new evidence or where it is clear that the material circumstances have changed.

APPEAL

Appeal

21.8(1)   An applicant or permittee may appeal to the appeal board from a decision of the registrar, other than a decision under subsection 21.5(2), by filing with the appeal board a notice of appeal in the form required by the appeal board.

Notice to registrar

21.8(2)   The secretary of the appeal board shall without delay give a copy of a notice of appeal to the registrar.

Information to be forwarded

21.8(3)   The registrar shall without delay forward to the appeal board any records and information that the appeal board requests in relation to an appeal.

Stay of decision

21.8(4)   An appeal from a decision of the registrar stays the decision pending the disposition of the appeal if the registrar's decision so provides or the appeal board so decides.

Notice of hearing

21.8(5)   The appeal board shall give reasonable notice of the time and place of the hearing to the registrar and the appellant.

Hearing

21.8(6)    The appeal board shall conduct a hearing about a matter for which a notice of appeal is filed.

Hearing conducted orally or in writing

21.8(7)   The appeal board may conduct a hearing

(a) orally, including by telephone or other electronic technology if it allows the members of the appeal board, the appellant and the registrar and their counsel to hear each other;

(b) in writing; or

(c) partly orally and partly in writing.

Procedure

21.8(8)   The appeal board may determine its own practice and procedure but it shall give a full opportunity to the appellant to present evidence and make submissions.

Registrar entitled to be heard

21.8(9)   The registrar is entitled to be heard, by counsel or otherwise, on an appeal to the appeal board.

Part V of Evidence Act powers

21.8(10)  The appeal board has the powers of a commissioner under Part V of The Manitoba Evidence Act.

Adoption of registrar's findings

21.8(11)  The appeal board may adopt the registrar's findings of fact except insofar as they are put in issue by the appellant.

Evidence

21.9(1)   Evidence may be given before the appeal board in any manner that the appeal board considers appropriate, and the appeal board is not bound by the rules of evidence applicable to judicial proceedings.

Consideration of relevant information

21.9(2)   In addition to evidence given in the course of a hearing, the appeal board may consider relevant information in the possession of the registrar or obtained by the appeal board, if the appeal board informs the appellant of the nature of the information and gives him or her an opportunity to explain or refute it.

Right to examine materials

21.9(3)   The appeal board shall give the appellant and the registrar a reasonable opportunity to examine all material filed with the appeal board that is relevant to the appeal.

Powers of appeal board on appeal

21.10(1)  After holding a hearing, the appeal board may

(a) confirm, vary or rescind the decision of the registrar; or

(b) make any decision that the registrar could have made.

Conditions on decision

21.10(2)  The appeal board may attach such terms and conditions to its decision as it considers proper to give effect to the purposes of this Part.

Decision to be given to appellant and registrar

21.10(3)  The appeal board shall as soon as reasonably practicable give a copy of the decision to the appellant and the registrar.

DUTY TO REPORT DEFACED IDENTIFICATION NUMBERS AND UNCLAIMED OR DAMAGED VEHICLES

Definition of "motor vehicle"

21.11(1)  In this section, "motor vehicle" includes a part of a motor vehicle.

Report of defaced identification number

21.11(2)  A person who comes into possession of a motor vehicle from which the vehicle identification number has been removed, defaced, altered, obliterated or destroyed, or become illegible shall

(a) without delay report that fact to a police officer having jurisdiction in the area;

(b) give the police officer the number plate number and a description of the motor vehicle and, if known, any information the person has relating to the person previously in possession of the motor vehicle; and

(c) retain the motor vehicle in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs.

Reports of vehicles stored in suspicious circumstances

21.11(3)  A person who buys, sells, stores, services or provides parking for motor vehicles or destroys motor vehicles for scrap or dismantles them for parts shall comply with subsection (4) when a motor vehicle

(a) comes into or remains in his or her possession without good reason or under suspicious circumstances; or

(b) that shows evidence of having been stolen or struck by a bullet comes into his or her possession.

Nature of report

21.11(4)  A person referred to in subsection (3) shall

(a) without delay report that matter to a police officer having jurisdiction in the area;

(b) give the police officer the number plate number and a description of the motor vehicle and, if known, the vehicle identification number and any information the person has relating to the person previously in possession of the motor vehicle; and

(c) if the person has the right to retain possession of the motor vehicle, retain it in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs.

OFFENCES AND EVIDENCE

Offence and penalty

21.12(1)  A person who

(a) furnishes false information in any application under this Part or in any statement or report that he or she is required to furnish under the regulations made under clause 319(1)(l.6);

(b) fails to comply with a notice under subsection 20(2) or section 21; or

(c) contravenes any provision of this Part or the regulations under clause 319(1)(1.6), (1.8) to (1.10) or (1.12);

is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Directors and officers of corporations

21.12(2)  When a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $5000., whether or not the corporation is charged.

Limitation: clause (1)(a)

21.12(3)  No proceeding under clause (1)(a) shall be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of the registrar.

Limitation: clause (1)(b) or (c)

21.12(4)  No proceeding under clause (1)(b) or (c) shall be commenced more than one year after the commission of the alleged offence.

Liability for employee or agent

21.12(5)  In a prosecution under this section for an offence by a dealer or recycler, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the dealer or recycler while acting in the course of his or her employment or agency functions, whether or not the employee has been prosecuted for the offence.

Onus

21.12(6)  In a prosecution against a person for carrying on business as a dealer without a dealer's permit, proof that the person engaged in transactions of purchase or sale, or held himself or herself out as being ready to engage in transactions of purchase or sale, in relation to at least five motor vehicles or trailers in a 12-month period is, in the absence of evidence to the contrary, proof that he or she carried on business as a dealer.

Certificate as evidence

21.13     A certificate purporting to be signed by the registrar and certifying

(a) that at a stated time a person held or did not hold a permit under this Part;

(b) that a notice was given by the registrar at a stated time and in a specified manner;

(c) that at a stated time a notice had or had not been given to the registrar by a permittee or appellant;

(d) that at a stated time a report had or had not been made or information had or had not been furnished to the registrar; or

(e) the time when the facts on which proceedings are based first came to the knowledge of the registrar;

shall be admitted in evidence as proof , in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature or official character of the person signing it.

16 Subsection 59(1) is amended

(a) by repealing clause (a); and

(b) in clause (c), by striking out "(a) or".

17         Section 156 is repealed.

18(1)     Subsection 158(1) is amended in the part preceding clause (a) by striking out "or 156".

18(2)     Clause 158(2)(e) is amended by striking out "serial number" and substituting "vehicle identification number".

19        (1) Subsection 171(1) is repealed and the following is substituted:

Removing or defacing vehicle identification numbers

171(1)    No person shall

(a) remove, deface, alter, obliterate, destroy or make illegible the vehicle identification number of a motor vehicle; or

(b) operate, buy, sell, offer for sale or expose for sale a motor vehicle unless

(i) it has its vehicle identification number, and

(ii) that vehicle identification number has not been defaced, altered or obliterated and has not become illegible.

Application to clause (1)(a)

171(1.1)  Clause (1)(a) does not apply in relation to a motor vehicle whose vehicle identification number

(a) is removed or destroyed when a vehicle identification number described in subsection 4.10(3) is attached; or

(b) is destroyed when the motor vehicle is destroyed for scrap by a recycler after he or she has complied with the requirements of the regulations in relation to that motor vehicle.

19(2)     Subsection 171(2) is amended

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

(b.1) deface or alter a registration class sticker or use or permit the use on a number plate of an altered or defaced registration class sticker;

(b) in clause (c), by striking out "a validation sticker" and substituting "a currently valid validation sticker or registration class sticker"; and

(c) in clause (f), by adding "or registration class sticker" after "validation sticker".

20        Subsection 201(1) is repealed and the following is substituted:

Operating vehicle without owner's consent

201(1)    No person shall operate a motor vehicle on a highway without the consent of the owner.

21        Clause 224(2)(b) is amended by striking out "number plates" and substituting "number plate or plates".

22        The following is added after subsection 241:

INSPECTION AND SEARCH AND SEIZURE

Definition of "place"

241.1(1)  In this section, "place" includes a vehicle.

Certificate to be produced

241.1(2)  On entering any place for the purpose of exercising powers under this section, a peace officer shall show his or her official identification to the person in charge of the place if the person so requests.

Entering a dwelling place

241.1(3)  A peace officer who intends to exercise powers under this section may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.

Inspection

241.1(4)  A peace officer may at any reasonable time enter a place and make any inspection that is reasonably required for the purpose of determining compliance with this Act and the regulations and, without limitation, the peace officer may

(a) examine, and require the production of, any records or documents in the place that are relevant for the purposes of the inspection;

(b) use a computer system at the place to examine any data in or available to the system;

(c) reproduce any record or document from the data in the form of a print-out or other intelligible output for the purpose of examination or copying;

(d) use any copying equipment at the place to make copies of any record or document; and

(e) require any person to present any vehicle or thing for inspection in the manner and under the conditions that the peace officer reasonably considers necessary to carry out the inspection.

No obstruction

241.1(5)  No person shall obstruct or hinder, or make a false or misleading statement to, a peace officer who is carrying out an inspection under this section.

Assistance to peace officer

241.1(6)  The owner or person in charge of a place referred to in subsection (4) and every person found in that place shall give the peace officer all reasonable assistance to enable the peace officer to carry out his or her duties and shall furnish the peace officer with any information the peace officer may reasonably require.

Removal of records

241.1(7)  For the purpose of exercising the powers under subsection (4), a peace officer may remove any record or document or reproduction of a record or document that he or she is entitled to examine or copy, but shall give a receipt to the person from whom it is taken and shall examine or copy it within a reasonable time and return it promptly on completion of the examination or copying.

Admissibility of copies

241.1(8)  A copy made as provided in this section and purporting to be certified by a peace officer is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.

Authority to issue warrant

241.1(9)  A justice who is satisfied by information on oath that

(a) the conditions for entry described in subsection (4) exist in relation to a dwelling place;

(b) entry to the dwelling place is necessary for the purpose of exercising the powers under subsection (4); and

(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing a peace officer and any person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.

Search and seizure without warrant

241.1(10) When a peace officer believes on reasonable and probable grounds that

(a) an offence under this Act has been committed; and

(b) a record, document, vehicle or other thing that affords evidence of the offence is to be found in a place;

and it is not practicable in the circumstances to obtain a warrant, the peace officer may, without warrant, enter and search the place for the record, document, vehicle or other thing and may seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Search and seizure with warrant

241.1(11) A justice who is satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act has been committed; and

(b) there is to be found in any place anything that will afford evidence in respect of the commission of an offence;

may at any time issue a warrant authorizing a peace officer and any person named in the warrant to enter and search the place for the thing and seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Use of force

241.1(12) A peace officer and any person named in a warrant may use whatever reasonable force is necessary to execute the warrant and may call on a police officer for assistance in executing it.

Preserving status quo

241.1(13)  A peace officer may take such measures as are reasonably necessary to secure any place or thing in relation to which a warrant under this section may be issued so as to preserve that place or thing pending the making and disposition of an application for the warrant.

23        Section 242.1 is amended by striking out "any number plate" and substituting "the number plate or plates" in

(a) subsection (10.1), in the part preceding clause (a); and

(b) subsection (10.2) .

24        Clause 243(2)(c) is repealed and the following is substituted:

(c) a motor vehicle on a highway without the number plate or plates required to be displayed on it under this Act;

25        Subsection 274(1) is amended by striking out "19 or".

26        In the following provisions, "number plates" is struck out and "number plate or plates" is substituted:

(a) subsection 275(1), in the part following clause (b);

(b) subsection 275(2) ;

(c) subsection 277(1), in the part preceding clause (a);

(d) subsection 277(2).

27        Clause 279(1)(d) is repealed and the following is substituted:

(d) an application for a permit under section 34 or a permit issued under that section;

28        Section 280 is amended by adding the following definitions in alphabetical order:

"bus" means a motor vehicle that is

(a) designed for carrying 11 or more persons including the driver of the vehicle; and

(b) used or intended to be used for the transportation of persons; (« autobus »)

"charter trip" means a trip by a group of passengers travelling for a common purpose or on a particular itinerary but does not include a trip made by a public service vehicle that is a bus in accordance with a set time schedule or over a specified route; (« voyage nolisé »)

"freight", in relation to a public service vehicle that is a bus, does not include the baggage of a passenger carried by the bus; (« fret »)

29(1)     Subsection 281(1.2) is amended by repealing the section heading and substituting "Exception: p.s.v.'s transporting property only".

29(2)     The following is added after subsection 281(1.2):

Exception for bus freight

281(1.3)  On and after January 1, 1998,

(a) clauses (1) (j) and (m) do not apply to the operation of a public service vehicle that is a bus in relation to its use for transporting freight; and

(b) clauses (1)(b), (g), (h) and (i) apply to the operation of a public service vehicle that is a bus in relation to its use for transporting freight, only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation.

Exception for charter trips

281(1.4)  On and after the coming into force of this subsection,

(a) clauses (1)(c), (j) and (m) do not apply to the operation of a public service vehicle that is a bus when it is used for a charter trip; and

(b) clauses (1)(b), (g), (h) and (i) apply to the operation of a public service vehicle that is a bus when it is used for a charter trip only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation.

30(1)     Subsection 290(2.1) is repealed and the following is substituted:

Application of subsection (2) to property and bus freight

290(2.1)  On and after January 1, 1998, clause (2)(a) does not apply to the operation of a public service vehicle

(a) that is used solely for the transportation of property; or

(b) that is a bus in relation to its use for transporting freight.

Application of subsection (2) to charter trips

290(2.1.1)On and after the coming into force of this subsection, clause (2)(a) does not apply to the operation of a public service vehicle that is a bus when it is used for a charter trip.

30(2)     The following is added after subsection 290(3.3):

Effect and application of subsection (3): transportation of property and bus freight

290(3.4)  Notwithstanding subsection (3),

(a) on and after January 1, 1998, no certificate that contains a condition with respect to any matter referred to in

(i) clause 281(1)(c), (f), (j) or (m) shall be issued for a public service vehicle that is used solely for the transportation of property,

(ii) clause 281(1)(j) or (m) shall be issued for a public service vehicle that is a bus in relation to its use for transporting freight, or

(iii) clause 281(1)(b), (g), (h) or (i) shall be issued for a public service vehicle

(A) that is used solely for the transportation of property, or

(B) that is a bus in relation to its use for transporting freight,

except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation;

(b) any condition with respect to any matter referred to in

(i) clause 281(1)(c), (f), (j) or (m) in a subsisting certificate for a public service vehicle that is used solely for the transportation of property,

(ii) clause 281(1)(j) or (m) in a subsisting certificate for a public service vehicle that is a bus in relation to its use for transporting freight,

ceases to have effect on December 31, 1997; and

(c) any condition with respect to any matter referred to in clause 281(1)(b), (g), (h) or (i)  in a subsisting certificate for a public service vehicle

(i) that is used solely for the transportation of property, or

(ii) that is a bus in relation to its use for transporting freight,

ceases to have effect on December 31, 1997, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation.

Effect and application of subsec. (3): charter trips

290(3.5)  Notwithstanding subsection (3),

(a) on and after the coming into force of this subsection, no certificate that contains a condition with respect to any matter referred to in

(i) clause 281(1)(c), (j) or (m) shall be issued for a public service vehicle that is a bus when it is used for a charter trip, or

(ii) clause 281(1)(b), (g), (h) or (i) shall be issued for a public service vehicle that is a bus when it is used for a charter trip, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation;

(b) any condition with respect to any matter referred to in clause 281(1)(c), (j) or (m) in a subsisting certificate for a public service vehicle that is a bus when it is used for a charter trip ceases on the coming into force of this subsection; and

(c) any condition with respect to any matter referred to in clause 281(1)(b), (g), (h) or (i)  in a subsisting certificate for a public service vehicle that is a bus when it is used for a charter trip ceases to have effect on the coming into force of this subsection, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation.

31        Section 290.2 is repealed and the following is substituted:

Application of s. 291 and 292 to transportation of property and bus freight

290.2     Notwithstanding sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in respect of any public service vehicle

(i) that is used solely for the transportation of property, or

(ii) that is a bus in relation to its use for transporting freight,

in effect on December 31, 1997 ceases to have effect on that day; and

(b) on and after January 1, 1998, no tariff of maximum tolls shall be established, and no fixed or minimum toll shall be prescribed, by the transport board in respect of a public service vehicle

(i) that is used solely for the transportation of property, or

(ii) that is a bus in relation to its use for transporting freight.

Application of s. 291 and 292 to charter trips

290.3     Notwithstanding sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in respect of any public service vehicle that is a bus when it is used for a charter trip in effect on the day this section comes into force ceases to have effect on that day; and

(b) on and after the day this section comes into force, no tariff of maximum tolls shall be established, and no fixed or minimum toll shall be prescribed, by the transport board in respect of a public service vehicle that is a bus when it is used for a charter trip.

32        Subsection 294(3) is repealed and the following is substituted:

Exception to subsection (2): transportation of property and bus freight

294(3)    Notwithstanding subsection (2), on and after January 1, 1998, a renewal of a certificate for a public service vehicle

(a) that is used solely for the transportation of property; or

(b) that is a bus to the extent that the certificate authorizes the use of the bus for transporting freight;

shall be given if the applicant meets the criteria relating to fitness prescribed by the transport board.

Exception to subsection (2): charter trips

294(4)    Notwithstanding subsection (2), on and after the coming into force of this subsection, a renewal of a certificate for a public service vehicle that is a bus to the extent that the certificate authorizes charter trips shall be given if the applicant meets the criteria relating to fitness prescribed by the transport board.

33(1)     Subsection 300(3) is amended

(a) by striking out "number plates" and substituting "number plate or plates"; and

(b) by striking out "registration plates" and substituting "number plate or plates".

33(2)     Subsection 300(4.1) is repealed and the following is substituted:

Exception to subsection (4): transportation of property or bus freight

300(4.1)  On and after January 1, 1998, subsection (4) does not apply in respect of a public service vehicle

(a) that is used solely for the transportation of property; or

(b) that is a bus to the extent that the subsection authorizes the use of the bus for transporting freight.

Exception to subsection (4): charter trips

300(4.2)  On and after the coming into force of this subsection, subsection (4) does not apply in respect of a public service vehicle that is a bus to the extent that it authorizes charter trips.

34        Subsections 318(12) and (13) are amended by striking out "number plates" and substituting "number plate or plates".

35        Subsection 319(1) is amended

(a) by repealing clauses (k) and (l) and substituting the following:

(k) exempting any person or class of persons or motor vehicle or trailer or class of motor vehicles or trailers from the definitions of "dealer" and "salesperson" or from any provision of Part I.1 or the regulations under clause (1.6) and clauses (1.8) to (1.10);

(l) exempting any person or class of persons or motor vehicle or class of motor vehicles from the definition of "recycler" or from any provision of Part I.1 or the regulations under clause (1.6) and clauses (1.8) to (1.10);

(l.1) respecting the issuance of permits for dealers, salespersons and recyclers;

(1.2) prescribing, for the purpose of subsection  21.2(1), classes of motor vehicles or parts of motor vehicles and periods in relation to those classes of motor vehicles or parts of motor vehicles;

(1.3) prescribing qualifications of applicants or any class of applicants for dealers', salespersons' and recyclers' permits for the purpose of clause 21.4(1)(d);

(1.4) requiring and governing the amount of the fees payable on application for or renewal of a permit or for amending or replacing a permit of a dealer, salesperson or recycler;

(1.5) requiring and governing bonds to be given by dealers, salespersons and recyclers or any class of dealers, salespersons or recyclers, including the forfeiture of the bond and the disposition of its proceeds;

(1.6) requiring and governing the reports to be made and statements to be furnished by dealers, salespersons and recyclers or any class of dealers, salespersons or recyclers and to whom;

(1.7) requiring any information in any application under Part I.1, or statement or report required to be furnished under Part I.1, to be verified by affidavit;

(1.8) governing dealers, salespersons and recyclers;

(1.9) prescribing information that dealers, salespersons and recyclers shall disclose about the history of a motor vehicle or any class of motor vehicle and respecting when, how and to whom the disclosure is to be made;

(l.10) requiring and governing the documents and records to be kept by dealers, salespersons and recyclers or any class of dealers, salespersons or recyclers;

(1.11) providing for

(i) the establishment, maintenance and administration of a dealers' compensation fund, including provision for investing and paying out money from the fund,

(ii) the payment of claims out of the dealers' compensation fund, and

(iii) procedures to be followed with respect to claims and their payment;

(1.12) requiring dealers to participate in the dealers' compensation fund, providing for the payment of levies into the dealers' compensation fund by participants, and prescribing the amounts of levies;

(1.13) respecting the giving of notices under Part 1.1;

(b) in clause (x), by striking out ", storing, or wrecking"and substituting "or storing";

(c) by repealing clause (ss);

(d) in clause (eee), by striking out "permits for manufacturers and dealers, wreckers permit, permit to operate a commercial driving school and driver instructors" and substituting "permits to operate a commercial driving school or for driver instructors";

(e) by repealing clauses (eee.1) and (kkk);

(f) by adding the following after clause (rrr):

(rrr.1) providing for a system of permits for facilities for the inspection and testing of motor vehicles or classes of motor vehicles, and for a system of permits for persons inspecting and testing motor vehicles or classes of motor vehicles, and respecting requirements for permits and all matters related to the system of permits, including

(i) the fees for applying for a permit, for renewal or amendment of  a permit and for a duplicate of a permit, and

(ii) the issue, refusal to issue or renew and the suspension and cancellation of permits.

(rrr.2) in relation to a permit referred to in clause (rrr.1), providing for the application of sections 21.8 to 21.10 or for another appeal from a refusal to issue or renew a permit or from a suspension or cancellation of a permit, and providing for procedure on the appeal,

(rrr.3) governing facilities for the inspection and testing of motor vehicles or classes of motor vehicles and the operators of those facilities;

(rrr.4) governing the inspection and testing of motor vehicles or classes of motor vehicles;

(rrr.5) respecting the keeping, submission and inspection of records by operators of facilities for the inspection and testing of motor vehicles;

(g) by repealing clause (sss) and substituting the following:

(sss.1) respecting the circumstances, events or time periods in which vehicles or classes of vehicles are to be submitted to inspections and tests, and prescribing the inspection certificates and decals required to be issued in relation to the inspections and tests, and the fees payable for inspection certificate forms and decals or any class of inspection certificate forms or decals, including providing for recognizing in Manitoba the inspection programs, inspection certificates and decals of jurisdictions outside Manitoba;

(sss.2) for the purpose of subsection 20(1),

(i) exempting classes of motor vehicles,

(ii) respecting the inspection and testing of motor vehicles or any class of motor vehicles sold by dealers,

(iii) prescribing the inspection certificates and the information required to be furnished to buyers in relation to inspection and tests or any class of inspection and tests, and the form of the information, and

(iv) prescribing the period of time preceding the sale when the inspection and testing are required to take place;

(sss.3) respecting the inspection and testing of motor vehicles or any class of motor vehicles and prescribing the inspection certificates that may be issued in relation to the inspections and tests for the purpose of subsection 4.12(3), including providing for recognizing in Manitoba the inspection programs and inspection certificates of jurisdictions outside Manitoba;

(sss.4) providing that inspection certificates referred to in clause (sss.1), (sss.2) and (sss.3) for a motor vehicle or class of motor vehicle meet the requirements of subsection 4.12(3) when issued or furnished within a prescribed period before the registration of a motor vehicle;

(sss.5) exempting any class of applicant from subsection 4.12(3) and prescribing conditions for such exemptions;

(sss.6) describing when a motor vehicle is written off for the purpose of the definition of "written off" and establishing when a motor vehicle ceases to be written off;

(sss.7) establishing when a written-off motor vehicle has the status of an irreparable motor vehicle or salvageable motor vehicle and when a motor vehicle that has the status of a salvageable motor vehicle ceases to have that status;

(sss.8) for the purposes of subsection 4.12.1(1), designating the persons who are to notify the registrar when a motor vehicle is written-off, and prescribing the information to be provided by an insurer or a designated person when notifying the registrar, and the manner of the notice;

(sss.9) respecting the inspection and testing of motor vehicles that have the status of salvageable motor vehicles or any class of motor vehicles that have the status salvageable motor vehicles and prescribing the inspection certificates that may be issued in relation to the inspections and tests for the purpose of section 4.12.3, including providing for recognizing in Manitoba the inspection programs and inspection certificates of jurisdictions outside Manitoba;

(sss.10) governing the circumstances in which a fee charged to a person for inspecting and testing or re-inspecting and testing a motor vehicle, or both, and for the issuance of an inspection certificate shall not exceed a maximum fee and prescribing the maximum fee;

(sss.11) respecting road tests under clauses 4.12.4(2)(b), 4.28(2.1)(b), 4.29(2.1)(b) and  4.29.1(3)(b);

(sss.12) providing that the owner of a motor vehicle that is damaged or in disrepair may voluntarily declare the motor vehicle to have the status of an irreparable or salvageable motor vehicle and respecting the application of the provisions of this Act and the regulations to such motor vehicles;

36        Subsection 320(3) is amended by striking out "number plates" and substituting "number plate".

37        Subsection 323(4) is amended by adding "or" at the end of clause (f) and by adding the following after clause (f):

(g) to assign a vehicle identification number to a motor vehicle under clause 4.10(3)(a) and to authorize a peace officer to attach it to the motor vehicle under clause 4.10(3)(b);

38(1)     Subsection 323.1(1) is amended

(a) in clause (a),by striking out "and validation stickers" and substituting ", validation stickers and registration class stickers"; and

(b) in clause (c), by striking out "number plate, validation sticker," and substituting "number plate or set of number plates, validation sticker, registration class sticker,".

38(2)     Subsection 323.1(2) is amended by striking out "number plate, validation sticker for a number plate," and substituting "number plate or set of number plates, validation sticker, registration class sticker,".

39        The following is added after section 324:

Reproduced signature of former registrar

324.1     The signature of the registrar that is engraved, lithographed, printed or electronically or otherwise reproduced on a licence, permit, notice, certificate or other document is for all purposes the signature of the registrar notwithstanding that the person whose signature is so reproduced no longer holds the office of registrar.

40        Subsections 327(8) to (10) are repealed.

Unproclaimed amendments repealed

41        Sections 3, 5, 6, 8 to 16, section 20 insofar as it enacts clause 26(1)(b), sections 21, 41, 45, 53, 54, 63 and 64 of S.M. 1991-92, c. 25, are repealed.

Coming into force: royal assent

42(1)     Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives royal assent.

Coming into force: June 17, 1997

42(2)     The following provisions come into force on June 17, 1997 and in the event that this Act receives royal assent after that date, are retroactive and are deemed to have come into force on June 17, 1997:

(a) the definitions "registration class sticker" and "validation sticker", as enacted by clause 2(1)(a);

(b) section 3 and sections 6 to 10;

(c) clauses 14(b), (c), (e), (f) and (g);

(d) sections 21, 23, 24 and 26;

(e) subsection 33(1);

(f) sections 34, 36 and 38.

Coming into force: November 1, 1997

42(3)     The following provisions come into force on November 1, 1997:

(a) the definitions"recycler", "salesperson", "vehicle identification number" and "written off", as enacted by clause 2(1)(a);

(b) clauses 2(1)(c) and (d);

(c) subsection 2(2);

(d) sections 4, 5 and 11 to 13;

(e) clauses 14(a) and (d);

(f) section 15;

(g) sections 17 to 20, 22, 25, 27, 35, 37, 40 and 41.

Coming into force: proclamation

42(4) The following provisions come into force on a day fixed by proclamation:

(a) the definition "charter trip", as enacted by section 28;

(b) subsection 281(1.4), as enacted by subsection 29(2);

(c) subsection 290(2.1.1), as enacted by subsection 30(1);

(d) subsection 290(3.5), as enacted by subsection 30(2);

(e) section 290.3, as enacted by section 31;

(f) subsection 294(4), as enacted by section 32;

(g) subsection 300(4.2), as enacted by subsection 33(2).