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The Employment and Income Assistance Amendment and Highway Traffic Amendment Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2011, c. 39

Bill 49, 5th Session, 39th Legislature

The Employment and Income Assistance Amendment and Highway Traffic Amendment Act

(Assented to June 16, 2011)

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

PART 1

THE EMPLOYMENT AND INCOME ASSISTANCE ACT

C.C.S.M. c. E98 amended

1           The Employment and Income Assistance Act is amended by this Part.

2           The following is added after section 5.4:

Consequences of outstanding warrant

5.5(1)      Except in circumstances prescribed by regulation or when the director believes that it would cause significant hardship, the director must discontinue, suspend or reduce the income assistance or general assistance payable to a recipient if a warrant for the arrest of the recipient or any of his or her dependants has been issued in respect of a prescribed offence and the warrant has not been executed.

Denial of application due to outstanding warrant

5.5(2)      Except in circumstances prescribed by regulation or when the director believes it would cause significant hardship, the director must deny an application for income assistance or general assistance if a warrant for the arrest of the applicant has been issued in respect of a prescribed offence and the warrant has not been executed.

Definition of "prescribed offence"

5.5(3)      In this section and section 22.1, "prescribed offence" means an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed in the regulations.

3           The following is added after clause 19(1)(g.3):

(g.4) prescribing circumstances in which the director may, despite an unexecuted arrest warrant,

(i) provide unreduced and uninterrupted income assistance or general assistance for the purpose of subsection 5.5(1), and

(ii) accept an application for income assistance or general assistance for the purpose of subsection 5.5(2);

(g.5) respecting the discontinuance, suspension or reduction of income assistance or general assistance under subsection 5.5(1), including prescribing the amount of any reduction or the manner in which any reduction is to be calculated;

(g.6) prescribing offences under the Criminal Code (Canada) and the Controlled Drugs and Substances Act (Canada), for the purpose of subsection 5.5(3);

4           The following is added after section 22:

Information exchange authorized

22.1(1)     In order to determine whether a warrant for the arrest of an applicant, recipient or dependant has not been executed for the purposes of section 5.5,

(a) the Department of Justice is authorized to disclose personal information about persons who are the subjects of unexecuted arrest warrants in respect of a prescribed offence to the director; and

(b) the director is authorized to collect personal information about persons who are the subjects of unexecuted arrest warrants in respect of a prescribed offence from the Department of Justice.

Definition

22.1(2)     In this section, "personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act, but does not include personal health information as defined in The Personal Health Information Act.

PART 2

THE HIGHWAY TRAFFIC ACT

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

5           The Highway Traffic Act is amended by this Part.

6           The following is added after section 273.5:

Definitions

273.6(1)    The following definitions apply in this section.

"designated official" means a person designated by the Attorney General as being responsible for providing notice to the registrar under this section. (« fonctionnaire désigné »)

"outstanding arrest warrant" means a warrant for the arrest of a person that has not been executed. (« mandat d'arrestation non exécuté »)

"prescribed offence" means an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed in the regulations. (« infraction prescrite »)

Notice of outstanding warrant

273.6(2)    Subject to the regulations, when a person is the subject of an outstanding arrest warrant in respect of a prescribed offence, the designated official must give written notice of this fact to the registrar.

Registrar to refuse service to subject of outstanding warrant

273.6(3)    If the registrar receives a notice under subsection (2), he or she must

(a) without notice to the person named in the notice,

(i) refuse to issue or renew any licence, permit or vehicle registration in that person's name, and

(ii) refuse to accept payment from that person of any charge payable in relation to the driver's licence, permit or vehicle registration, even though the refusal may lead to its suspension,

until he or she receives a notice under subsection (6) respecting that person; and

(b) notify The Manitoba Public Insurance Corporation if he or she intends to refuse to accept payment under subclause (a)(ii).

Refusal of premium by MPIC

273.6(4)    When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (3)(b), it must refuse to accept payment of any premium for insurance in relation to the person's driver's licence or a permit or vehicle registration in the person's name, even though the refusal may lead to the cancellation of the person's insurance.

Acceptance of premium by MPIC

273.6(5)    The registrar must notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection (6) in respect of the person. After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person.

Notice of warrant execution

273.6(6)    When an outstanding arrest warrant in respect of a prescribed offence has been executed, the designated official must give written notice of this fact to the registrar.

7           The following is added after clause 319(eeee):

(eeee.1) respecting the issuance of notices to the registrar under section 273.6, including prescribing circumstances when a notice is not to be sent to the registrar;

(eeee.2) for the purpose of the definition "prescribed offence" in subsection 273.6(1), prescribing offences under the Criminal Code (Canada) and the Controlled Drugs and Substances Act (Canada);

PART 3

COMING INTO FORCE

Coming into force

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