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The Highway Traffic Amendment and Summary Convictions Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1999, c. 43

THE HIGHWAY TRAFFIC AMENDMENT AND SUMMARY CONVICTIONS AMENDMENT ACT


 

(Assented to July 14, 1999)

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(1) The Highway Traffic Act is amended by this section.

1(2) The following is added after section 273.2:

Registrar's powers re unpaid restitution and Code fines

273.2.1(1)Subject to the notice requirements in subsections (2) and (3), the registrar may refuse to issue or renew a person's licence or permit where the person is in default of payment of

(a) a fine imposed under the Criminal Code (Canada); or

(b) a restitution order imposed under the Criminal Code (Canada) or an Act of the Legislature.

Content of notice

273.2.1(2)Notice shall be served upon the person stating that the registrar may exercise a power in subsection (1) if the person does not pay the fine or restitution on or before the date specified in the notice.

Service of notice

273.2.1(3)The notice must be served on the person personally or by regular mail at least 30 days before the date specified in the notice.

Exercise of registrar's powers

273.2.1(4)Where the person does not pay the fine or restitution on or before the date specified in the notice, the registrar may, without further notice to the person, exercise any of the powers in subsection (1) until the fine or restitution is paid.

Issuance or renewal of licences in certain cases

273.2.1(5)Where the registrar has exercised a power under subsection (1), he or she may issue or renew the person's licence or permit

(a) after receiving notice that the fine or restitution is paid; or

(b) as the circumstances require and the registrar considers appropriate.

1(3) Subsection 279(1.3) is amended by adding ", 273.2.1" after "273.2".

Conditional amendments

2(1)      This section takes effect only if

(a) during the Fifth Session of the 36th Legislature, Bill 5, entitled The Highway Traffic Amendment, Off-Road Vehicles Amendment and Consequential Amendments Act, receives royal assent; and

(b) the provisions in Bill 5 that amend provisions of The Highway Traffic Act referred to in this section come into force.

2(2)      Subsection 1(3) of this Act is repealed and the following is substituted:

1(3) Subsection 279(1.4) is amended by adding ", 273.2.1" after "273.2".

C.C.S.M. c. S230 amended

3(1)      The Summary Convictions Act is amended by this section.

3(2)      The centred heading before section 19 and sections 19 and 19.1 are repealed and the following is substituted:

POWERS OF REGISTRAR RE UNPAID FINES

Definitions

19        In sections 19.1, 19.2 and 19.3,

"licence" means a licence as defined in The Highway Traffic Act; (« permis »)

"registrar" means the Registrar of Motor Vehicles appointed under section 323 of The Highway Traffic Act. (« registraire »)

Powers of registrar re unpaid provincial fines

19.1(1)   Where a person is convicted of an offence under an Act of the Legislature, or a regulation, and has not paid a fine imposed as a result of the conviction, the registrar may, subject to the notice requirements in subsections (2) and (3), refuse to issue or renew the person's licence or permit.

Content of notice

19.1(2)   Notice shall be served upon the convicted person stating that the registrar may exercise a power in subsection (1) if the person does not pay the fine on or before a date specified in the notice.

Service of notice

19.1(3)   The notice must be served on the person personally or by regular mail at least 30 days before the date specified in the notice.

Exercise of registrar's powers

19.1(4)   Where the person does not pay the fine on or before the date specified in the notice, the registrar may, without further notice to the person, and subject to subsection (6), exercise a power in subsection (1) until the fine is paid.

Request for hearing de novo

19.1(5)   Where under section 17 a default conviction is entered against a person and he or she is served with a notice under this section, the person may, not later than the date specified in the notice, request a hearing de novo, in which case subsections 17(6) and (7) apply, with necessary modifications.

Action stayed upon request for hearing de novo

19.1(6)   Where the registrar is notified that a hearing de novo has been granted to a person in respect of a default conviction, the registrar shall not take any action under subsection (1) in respect of an unpaid fine imposed as a result of that conviction until the registrar receives notice that

(a)  the conviction has been confirmed at the hearing de novo; and

(b)  the person is in default of a fine imposed at the hearing de novo.

Definition

19.2(1)   In this section, "reciprocating jurisdiction" means another province or a territory of Canada, a state or territory of the United States, and the District of Columbia in the United States.

Registrar's powers re unpaid fines in reciprocating jurisdictions

19.2(2)   Where under the law of a reciprocating jurisdiction a person has been convicted of an offence similar to an offence under an Act of the Legislature or a regulation and is in default of payment of a fine imposed as a result of the conviction, the registrar may, subject to the notice requirements in subsections 19.1(2) and (3), refuse to issue or renew the person's licence or permit.

Issuance or renewal of licences in certain cases

19.3      Where the registrar has exercised a power under subsection 19.1(1) or 19.2(2), he or she may issue or renew the person's licence or permit

(a) after receiving notice that the fine is paid; or

(b) as the circumstances require and the registrar considers appropriate.

Coming into force

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