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The Highway Traffic Amendment and Drivers and Vehicles Amendment Act

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S.M. 2010, c. 52

Bill 12, 5th Session, 39th Legislature

The Highway Traffic Amendment and Drivers and Vehicles Amendment Act

(Assented to December 9, 2010)

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

PART 1

THE HIGHWAY TRAFFIC ACT

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

1           The Highway Traffic Act is amended by this Part.

2           The definition "driver's licence" in subsection 1(1) is amended in clause (b) by striking out "263.1(1.2) or".

3(1)        Clause 242.1(1.1)(d) is replaced with the following:

(d) that, after a demand from a peace officer under clause 254(2)(a) of the Criminal Code to perform a physical coordination test, the driver of the vehicle

(i) refused to perform the test, or

(ii) failed to follow the peace officer's instructions regarding the test.

3(2)        In the following provisions of the English version, "undergo field sobriety" is struck out and "perform physical coordination" is substituted:

(a) clause 242.1(7.1)(e);

(b) clause 242.1(7.1.1)(e);

(c) clause 242.1(7.1.2)(b.1).

4           Section 263.1 is replaced with the following:

Definitions

263.1(1)    The following definitions apply in this section and section 263.2.

"aircraft" and "vessel" have the same meaning as in section 214 of the Criminal Code. (« aéronef » et « bateau »)

"motor vehicle" includes an implement of husbandry, special mobile machine, tractor and off-road vehicle. (« véhicule automobile »)

"physical coordination test" has the same meaning as in section 254 of the Criminal Code. (« épreuve de coordination des mouvements »)

"railway equipment" has the same meaning as in section 2 of the Criminal Code. (« matériel ferroviaire »)

Grounds for suspension

263.1(2)    A peace officer shall take action under subsection (3) if,

(a) in relation to a person's operation or care and control of a motor vehicle, a vessel, an aircraft or railway equipment, the peace officer,

(i) by reason of an analysis of the breath or blood of the person, has reason to believe that the person has consumed alcohol in such a quantity that the concentration of it in his or her blood exceeds 80 mg of alcohol in 100 mL of blood, or

(ii) has reason to believe that the person, while having alcohol in his or her body, failed or refused to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code;

(b) after a demand from the peace officer under clause 254(2)(a) of the Criminal Code, a person refuses to perform a physical coordination test or fails to follow the peace officer's instructions regarding the test;

(c) after a demand from the peace officer made under section 254 of the Criminal Code in relation to a person's operation or care and control of a motor vehicle, a vessel, an aircraft or railway equipment, the person provides a sample of his or her breath which, on analysis by

(i) an approved screening device as defined in that section, registers "Warn" or another word, letter or indication that the approved screening device is designed to register when calibrated as required under subsection (13), or

(ii) an instrument approved as suitable for the purpose of section 258 of the Criminal Code, indicates that the concentration of alcohol in the person's blood is 50 mg or more of alcohol in 100 mL of blood; or

(d) after a demand from the peace officer under clause 254(2)(a) of the Criminal Code, the peace officer believes that a person is unable to safely operate a motor vehicle, a vessel, an aircraft or railway equipment based on the person's performance on a physical coordination test.

Suspension and disqualification by order

263.1(3)    In the circumstances described in subsection (2), the peace officer shall, on the registrar's behalf, take whichever of the following actions applies to the person:

(a) if the person holds a valid driver's licence issued under The Drivers and Vehicles Act or this Act, the peace officer shall

(i) take possession of it, and

(ii) by serving a suspension and disqualification order on the person, suspend the driver's licence and disqualify the person from driving a motor vehicle in Manitoba for the period determined under subsection (7);

(b) if the person holds a valid out-of-province driving permit, the peace officer shall, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for the period determined under subsection (7);

(c) if the person does not hold a valid driver's licence or out-of-province driving permit, the peace officer shall, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for the period determined under subsection (7).

Documents to be sent to registrar

263.1(4)    A peace officer who serves a suspension and disqualification order under subsection (3) shall without delay send to the registrar

(a) the person's driver's licence, if the peace officer has taken possession of it;

(b) a copy of the completed order;

(c) a report sworn or solemnly affirmed by the peace officer; and

(d) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person.

Use of required forms

263.1(5)    A suspension and disqualification order and peace officer's report under this section shall be in the form, contain the information and be completed in the manner required by the registrar.

Duty to surrender driver's licence

263.1(6)    Upon being served with a suspension and disqualification order, the person must without delay surrender his or her driver's licence to the peace officer, but the driver's licence is suspended whether or not the person surrenders it.

Effective date and period of suspension

263.1(7)    A suspension and disqualification order takes effect immediately upon being served and, subject to subsection (8), the suspension and disqualification period is the period determined in accordance with the following rules:

1.

If the suspension and disqualification order is served based on a ground set out in subclause (2)(a)(i) or (ii) or clause (2)(b), the suspension and disqualification period is three months beginning on the day on which the order is served.

2.

If the suspension and disqualification order is served based on a ground set out in subclause (2)(c)(i) or (ii) or clause (2)(d) and

(a) it is the first order that has been served on the person under this section within the previous 10 years, the suspension and disqualification period is 24 hours beginning at the effective time set out in the order;

(b) it is the second order that has been served on the person under this section within the previous 10 years, the suspension and disqualification period is 15 days beginning on the day on which the order is served;

(c) it is the third order that has been served on the person under this section within the previous 10 years, the suspension and disqualification period is 30 days beginning on the day on which the order is served;

(d) it is the fourth order or more that has been served on the person under this section within the previous 10 years, the suspension and disqualification period is 60 days beginning on the day on which the order is served.

Suspension period when number of previous orders unclear

263.1(8)    If, at the time the peace officer prepares a suspension and disqualification order based on a ground set out in subclause (2)(c)(i) or (ii) or clause (2)(d), the peace officer believes that he or she lacks the necessary information to reliably determine how many previous orders have been served,

(a) the suspension and disqualification period is as set out in rule 2 of subsection (7), taking into account the number of suspension and disqualification orders served in fact on the person during the relevant 10-year period;

(b) the suspension and disqualification order shall state

(i) that the suspension period is not less than 24 hours from the effective time set out in the order and is 15, 30 or 60 days from the day on which it is served if it is the second order, third order or fourth order or more served on him or her in the previous 10 years, and

(ii) that, as soon as practible, the registrar will by letter confirm whether the suspension and disqualification period is 24 hours or is 15, 30 or 60 days; and

(c) the peace officer shall notify the registrar, in the manner that the registrar requires, that the peace officer believes that he or she lacked the necessary information to reliably determine how many previous suspension and disqualification orders were served in the relevant 10-year period.

Confirmation of suspension period by registrar

263.1(9)    In a case referred to in subsection (8), the registrar shall, without delay upon receiving the copy of the suspension and disqualification order,

(a) determine the number of orders served on the person during the relevant 10-year period; and

(b) send the person a letter confirming the length of the suspension period and stating the facts upon which the determination under clause (a) is based.

Service of registrar's letter

263.1(10)   The registrar's letter shall be personally served or sent by registered or certified mail addressed to the person at his or her address as shown in the suspension and disqualification order, and when sent to the person in that manner there shall be a rebuttable presumption that the notice was received by that person.

Request for second analysis

263.1(11)   When a peace officer serves a person with a suspension and disqualification order based on a screening device analysis referred to in subclause (2)(c)(i), the person may request the peace officer to conduct an analysis of a sample of the person's breath with an instrument approved as suitable for the purpose of section 258 of the Criminal Code.

Second analysis governs suspension and disqualification

263.1(12)   If a person makes a request for an analysis under subsection (11),

(a) the peace officer must arrange for it to be performed; and

(b) the suspension and disqualification order is continued or overturned based on the results of the analysis.

Calibration of screening device

263.1(13)   For the purposes of subclause (2)(c)(i), an approved screening device shall not be calibrated to register "Warn" or another word, letter or indication that it is designed to register when the blood alcohol concentration of the person whose breath is analyzed is 50 mg or more of alcohol in 100 mL of blood, if the blood alcohol concentration of the person is less than that amount.

Presumption respecting calibration

263.1(14)   It shall be presumed, in the absence of proof to the contrary, that an approved screening device used for the purposes of subclause (2)(c)(i) has been calibrated as required under subsection (13).

Return of licence

263.1(15)   When a suspension and disqualification under this section ends, a driver's licence surrendered under this section shall be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence.

Reinstatement charges

263.1(16)   A person whose driver's licence is suspended under this section or who is disqualified under this section from driving a motor vehicle in Manitoba shall pay the reinstatement charge specified in relation to this section in the regulations made under section 331.

Removal of vehicle

263.1(17)   A peace officer may remove and store the motor vehicle of any person whose driver's licence is suspended or who is disqualified from driving under this section and any trailer or other towed equipment attached to the vehicle, or may cause the motor vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the motor vehicle is at a place from which, in the opinion of the peace officer, it ought to be removed and there is no person available who may lawfully remove it.

Costs of removal and storage

263.1(18)   The costs and charges incurred in removing and storing a motor vehicle and any trailer or other towed equipment under subsection (17) are a lien on the motor vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored the motor vehicle and trailer or other towed equipment at the request of the peace officer.

5(1)        The part of subsection 263.2(1) before clause (a) is replaced with "Within one year after being served with a suspension and disqualification order under section 263.1, a person may apply for review of the order by".

5(2)        Subsection 263.2(4) of the English version is amended by striking out "operating" and substituting "driving".

5(3)        Subsection 263.2(7) is replaced with the following:

Issues before registrar on a review

263.2(7)    The issues before the registrar in a review under this section are whether the suspension and disqualification order served on the person was the first, second, third, fourth or more served on him or her during the relevant 10-year period, if applicable, and

(a) if the suspension and disqualification order was served based on the ground set out in subclause 263.1(2)(a)(i), whether the person operated or had care or control of a motor vehicle, a vessel, an aircraft or railway equipment having consumed alcohol in such a quantity that its concentration in his or her blood exceeded 80 mg of alcohol in 100 mL of blood;

(b) if the suspension and disqualification order was served based on the ground set out in subclause 263.1(2)(a)(ii), whether the person failed or refused to comply with a demand made on him or her under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle, a vessel, an aircraft or railway equipment;

(c) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(b), whether, after the demand from the peace officer under clause 254(2)(a) of the Criminal Code, the person refused to perform the physical coordination test or failed to follow the peace officer's instructions regarding the test;

(d) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(c), whether the person operated or had care or control of a motor vehicle, a vessel, an aircraft or railway equipment having consumed alcohol in such a quantity that its concentration in his or her blood was 50 mg or more of alcohol in 100 mL of blood; or

(e) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(d), whether, after the demand from the peace officer under clause 254(2)(a) of the Criminal Code, the peace officer had reason to believe that the person was unable to safely operate a motor vehicle, a vessel, an aircraft or railway equipment based on the person's performance on the physical coordination test.

5(4)        Subsections 263.2(9) and (10) are replaced with the following:

When evidence supports order

263.2(9)    When the evidence before the registrar supports an affirmative determination on the issue referred to in any of clauses (7)(a) to (e) that is under review and, if applicable, on whether the peace officer or registrar based the suspension and disqualification on the correct number of previously served suspension and disqualification orders, the registrar shall sustain the order.

When evidence does not support number of previous suspensions

263.2(9.1)  When the evidence before the registrar supports an affirmative determination on the issue referred to in clause (7)(d) or (e) that is under review, but shows that fewer suspension and disqualification orders were served on the person during the relevant 10-year period than the number on which the peace officer or registrar based the suspension and disqualification that is under review, the registrar shall amend the order to provide for a suspension and disqualification of the appropriate length based on the number of suspension and disqualification orders determined to have been served during the period.

When evidence does not support order

263.2(10)   When the evidence supports a negative determination on the issue referred to in any of clauses (7)(a) to (e) that is under review, the registrar shall

(a) revoke the suspension and disqualification order;

(b) return any driver's licence surrendered to the registrar; and

(c) direct that the fees paid for the application for review be refunded.

6(1)        Subsection 264(1) is amended

(a) in the definition "Category A offence",

(i) in clause (a),

(A) in the part before subclause (i), by striking out "or off-road vehicle" and substituting ", a vessel, an aircraft or railway equipment",

(B) by repealing subclauses (i) to (ii) and (vi) to (viii), and

(C) in subclause (iii) of the English version, by striking out "drive impaired" and substituting "impaired operation",

(ii) in clause (a.1),

(A) by striking out "or off-road vehicle", and

(B) by striking out "subclause (a)(iii), (iv) or (v)" and substituting "clause (a)",

(iii) by adding the following after clause (a.1):

(a.2) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code:

(i) clause 249(1)(a) (dangerous operation),

(ii) subsection 249.4(1) (dangerous operation while street racing),

(iii) section 252 (fail to stop at accident),

(iv) subsection 259(4) (drive disqualified),

(v) section 353 (sell or misuse master key),

(vi) section 430 (mischief to a motor vehicle);

(iv) by striking out "or off-road vehicle parts" in clauses (b) and (b.1), and

(v) by striking out "or off-road vehicle" in clause (c);

(b) in the definition "Category B offence",

(i) in clause (a),

(A) in the part before subclause (i), by striking out "or off-road vehicle" and substituting ", a vessel, an aircraft or railway equipment",

(B) by repealing subclauses (i) to (vi.4), (ix) and (xi), and

(C) in subclauses (vii) and (viii) of the English version, by striking out "driving" and substituting "operation",

(ii) in subclause (a.1),

(A) by striking out "a motor vehicle or off-road vehicle" and substituting "a motor vehicle, a vessel, an aircraft or railway equipment", and

(B) in the English version, by striking out "the motor vehicle or off-road vehicle" and substituting "it",

(iii) in clause (a.2), by striking out "or off-road vehicle",

(iv) in clause (a.3),

(A) in the part before subclause (i), by striking out "or off-road vehicle",

(B) in subclause (i) of the English version, by striking out "or off-road vehicle", and

(C) in subclause (ii), by striking out "subclause (a)(iii), (iv) or (v)" and substituting "clause (a)",

(v) by adding the following after clause (a.3):

(a.4) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code:

(i) section 220 (criminal negligence causing death),

(ii) section 221 (criminal negligence causing bodily harm),

(iii) section 236 (manslaughter),

(iv) subsection 249(3) (dangerous operation causing bodily harm),

(v) subsection 249(4) (dangerous operation causing death),

(vi) section 249.1 (flight from police),

(vii) section 249.2 (criminal negligence causing death while street racing),

(viii) section 249.3 (criminal negligence causing bodily harm while street racing),

(ix) subsection 249.4(3) (dangerous operation causing bodily harm while street racing),

(x) subsection 249.4(4) (dangerous operation causing death while street racing),

(xi) section 334 (theft of motor vehicle),

(xii) section 434 (motor vehicle arson),

(vi) in clause (b), by striking out "or off-road vehicle",

(vii) in clause (c), by striking out "or off-road vehicle parts", and

(viii) in clause (d),

(A) in subclause (i), by striking out "or off-road vehicle parts", and

(B) by replacing subclause (ii) with the following:

(ii) a motor vehicle;

(c) by adding the following definitions:

"aircraft" and "vessel" have the same meaning as in section 214 of the Criminal Code; (« aéronef » et « bateau »)

"motor vehicle" includes an implement of husbandry, special mobile machine, tractor and off-road vehicle; (« véhicule automobile »)

"railway equipment" has the same meaning as in section 2 of the Criminal Code. (« matériel ferroviaire »)

6(2)        The part of subsection 264(1.1) before the table is amended by striking out "operating a motor vehicle and an off-road vehicle" and substituting "driving a motor vehicle".

6(3)        The part of subsection 264(6.1) before clause (a) is amended by striking out "and operating an off-road vehicle".

6(4)        Subsection 264(8) is amended by striking out "operating an off-road vehicle" and substituting "driving a motor vehicle".

6(5)        Subsection 264(11) is amended

(a) in the part before clause (a), by striking out "operating an off-road vehicle" and substituting "driving a motor vehicle"; and

(b) in clause (c), by striking out "operating an off-road vehicle" and substituting "driving a motor vehicle".

6(6)        Clause 264(13)(b) is amended by striking out "prohibited from operating a motor vehicle or disqualified from operating an off-road vehicle" and substituting "disqualified or prohibited from driving a motor vehicle".

6(7)        Subsection 264(14) is amended by striking out "operating an off-road vehicle" and substituting "driving a motor vehicle".

7           Section 265 is replaced with the following:

Definitions

265(1)      The following definitions apply in this section.

"aircraft" and "vessel" have the same meaning as in section 214 of the Criminal Code. (« aéronef » et « bateau »)

"motor vehicle" includes an implement of husbandry, special mobile machine, tractor and off-road vehicle. (« véhicule automobile »)

"physical coordination test" has the same meaning as in section 254 of the Criminal Code. (« épreuve de coordination des mouvements »)

"railway equipment" has the same meaning as in section 2 of the Criminal Code. (« matériel ferroviaire »)

Gross impairment: request to surrender licence

265(2)      When, in relation to a person's operation or care and control of a motor vehicle, a vessel, an aircraft or railway equipment, a peace officer believes that a person is so impaired by alcohol or drugs as to be unable to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code or a demand under that section to perform a physical coordination test, the peace officer shall request the person to surrender his or her driver's licence.

Duty to surrender licence

265(3)      Subject to subsection (4), when a request is made under subsection (2), the person to whom the request is made must immediately surrender his or her driver's licence to the peace officer.

Exception for out-of-province driver

265(4)      Subsection (3) does not apply to a person who holds an out-of-province driving permit.

Suspension and disqualification after request

265(5)      If a person to whom a request is made under subsection (2)

(a) holds a driver's licence issued in Manitoba, it is suspended, and the person is disqualified from holding a driver's licence and from driving a motor vehicle in Manitoba for 24 hours from the time the request is made, whether or not the person surrenders the driver's licence; or

(b) holds an out-of-province driving permit or does not hold a driver's licence or out-of-province driving permit, the person is disqualified from holding a driver's licence and from driving a motor vehicle in Manitoba for 24 hours from the time the request is made.

Duties of peace officer

265(6)      A peace officer who requests a person to surrender his or her driver's licence under this section shall

(a) make a written record of the date and time of the suspension or disqualification, the name and address of the person and, if known, the number of the person's driver's licence;

(b) if a driver's licence is surrendered, give the person a written receipt for it and a written notice stating the place where it may be recovered;

(c) provide the person with a written statement that the length of the suspension or disqualification is 24 hours and of the time from which the suspension or disqualification takes effect;

(d) notify the registrar of the fact of the suspension and disqualification, the name and address of the person and, if known, the number of the person's driver's licence; and

(e) if the motor vehicle is removed under subsection (9), notify the person of its storage location.

Return of licence

265(7)      When a suspension and disqualification under this section ends, a driver's licence surrendered under this section shall be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence.

Reinstatement charges

265(8)      A person whose driver's licence is suspended under this section or who is disqualified under this section from holding a driver's licence and driving a motor vehicle in Manitoba shall pay the reinstatement charge specified in relation to this section in the regulations made under section 331.

Removal of vehicle

265(9)      A peace officer may remove and store the motor vehicle of any person whose driver's licence is suspended or who is disqualified from driving under this section and any trailer or other towed equipment attached to the vehicle, or may cause the motor vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the motor vehicle is at a place from which, in the opinion of the peace officer, it ought to be removed and there is no person available who may lawfully remove it.

Costs of removal and storage

265(10)     The costs and charges incurred in removing and storing a motor vehicle and any trailer or other towed equipment under subsection (9) are a lien on the motor vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored the motor vehicle and trailer or other towed equipment at the request of the peace officer.

8           Subsection 265.1(5) is replaced with the following:

Subsections 265(7) to (10) apply

265.1(5)    Subsections 265(7) to (10) apply, with necessary changes, to a person whose driver's licence is suspended under this section and to the vehicle referred to in subsection (1).

9(1)        Subsection 279(4) is replaced with the following:

Restriction re certain administrative suspensions

279(4)      A person who is given a suspension and disqualification order for the three-month period referred to in rule 1 of subsection 263.1(7) is not entitled to appeal to the appeal board until the period of suspension or disqualification has elapsed.

Effect of review under section 263.2

279(4.1)    Subsection (4) applies to a person even though the person applies under section 263.2 to have the registrar review the suspension and disqualification order. If the registrar sustains the order, subsection (4) applies in respect of the resulting suspension and disqualification.

9(2)        The following is added after subsection 279(18):

Effect of order on suspension under section 263.1

279(18.1)   Despite subsection (18), an order revoking, in whole or in part, a suspension and disqualification resulting from an order referred to in subsection (21.1) does not negate the validity of the order or prevent it from being counted as a previous order for the purpose of subsections 263.1(7) and (8).

9(3)        The following is added after subsection 279(21):

Mandatory conditions re alcohol-related suspensions under section 263.1

279(21.1)   Subsection (21) applies, with necessary changes, in respect of an appeal of a suspension and disqualification order that was given under section 263.1 for any of the periods referred to in rule 2 of subsection 263.1(7). If the registrar sustains such an order after a review under section 263.2, subsection (21) applies, with necessary changes, to an appeal of the resulting suspension and disqualification.

9(4)        Subsection 279(25) is amended by adding "or (21.1)" after "subsection (21)".

10(1)       Clause (a) of the definition "restricted licence" in subsection 279.1(1) is amended by striking out "279(2.4)" and substituting "279(22)".

10(2)       Subsection 279.1(1.2) of the English version is amended in the part after clause (b) by striking out "him or her" and substituting "the person".

10(3)       The following is added after subsection 279.1(1.2):

Restricted licence after revocation of suspension by appeal board

279.1(1.3)  When the appeal board directs the registrar to issue a driver's licence to a person in connection with a revocation order and subsection 279(21) or (21.1) applies in respect of the order, the registrar may only issue the person a restricted licence.

PART 2

THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

11          The Drivers and Vehicles Act is amended by this Part.

12          The centred heading before section 21 of the English version is replaced with "REQUIREMENT FOR IMPAIRED DRIVER ASSESSMENT".

13          Section 21 is replaced with the following:

Definition: "motor vehicle"

21(1)       In this section, "motor vehicle" has the same meaning as in subsection 263.1(1) of The Highway Traffic Act.

Reinstatement of impaired persons

21(2)       The registrar must require a person who applies for a driver's licence to provide the registrar with an impaired driver's assessment from a recognized agency and, if that agency considers it advisable, to successfully complete an educational or treatment program offered by a recognized agency if

(a) the person's driver's licence has been suspended, or the person has been disqualified from holding a driver's licence or driving a motor vehicle in Manitoba under section 263.1 or 263.2 of The Highway Traffic Act, based on a ground set out in clause 263.1(2)(a) or (b) of that Act, or under a comparable provision of the laws of another jurisdiction; or

(b) the person has pleaded guilty to or has been found guilty of committing an offence under section 253, 254 or 255 of the Criminal Code (Canada), or an offence, committed by means of or in relation to a motor vehicle in a state of the United States, that the registrar considers to be equivalent to an offence under one of those sections.

14          Subsections 22(1) and (2) are replaced with the following:

Definitions

22(1)       The following definitions apply in this section.

"first suspension and disqualification" means a suspension and disqualification under section 263.1, 263.2 or 265 of The Highway Traffic Act that is a person's first suspension and disqualification under any of those sections in a 10-year period. (« première suspension et première interdiction »)

"motor vehicle" has the same meaning as in subsection 263.1(1) of The Highway Traffic Act. (« véhicule automobile »)

One impaired driver assessment per incident

22(1.1)     For the purposes of subsection (2), a suspension and disqualification that a person receives under section 263.1, 263.2 or 265 of The Highway Traffic Act shall not be counted if the person is convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada) in relation to the incident that gave rise to the suspension and disqualification.

Notice for impaired driver assessment

22(2)       The registrar must serve a notice under subsection (3) on a person each time in a 10-year period after his or her first suspension and disqualification that his or her driver's licence is suspended, or he or she is disqualified from holding a driver's licence or from driving a motor vehicle in Manitoba,

(a) under section 263.1 of The Highway Traffic Act, based on a ground set out in clause 263.1(2)(c) or (d) of that Act; or

(b) under section 265 of that Act.

PART 3

COMING INTO FORCE

Coming into force

15          This Act comes into force on a day to be fixed by proclamation.