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C.C.S.M. c. D104

The Drivers and Vehicles Act

(Assented to June 16, 2005)

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

PART 1

DEFINITIONS AND INTERPRETATION

Definitions

1(1)        The following definitions apply in this Act.

"certificate of insurance" means a certificate of insurance issued under The Manitoba Public Insurance Corporation Act or the regulations under that Act to the holder of a driver's licence, whether it is issued as part of the driver's licence or as a separate document. (« certificat d'assurance »)

"class", in relation to

(a) a driver's licence, means a driver's licence of a class prescribed in the regulations under this Act that authorizes the licence holder to drive one or more classes of motor vehicle as prescribed in those regulations; and

(b) a motor vehicle, means the vehicle class in which the motor vehicle is classified by the regulations under this Act. (« classe »)

"common-law partner" of an individual means

(a) a person who, with the individual, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the individual; or

(b) a person who, not being married to the individual, is cohabiting with him or her in a conjugal relationship and has so cohabited

(i) for a period of at least three years, or

(ii) for a period of at least one year and they are together the parents of a child;

and, if the individual is dead, "common-law partner" means a person who, not having been married to the individual, cohabited with him or her at the time of death and so cohabited with him or her as set out in clause (a) or (b). (« conjoint de fait »)

"dealer" means a person who carries on the business as principal or agent, or who holds himself or herself out as carrying on the business as principal or agent,

(a) of buying motor vehicles or trailers;

(b) of selling motor vehicles or trailers, whether or not in combination with leasing them; or

(c) of buying and selling motor vehicles or trailers, whether or not in combination with leasing them. (« commerçant »)

"disease or disability" includes a disease or disability in the form of alcoholism or drug addiction, or an alcohol-related or drug-related problem. (« maladie ou incapacité »)

"drive-away unit" means a combination of a lead motor vehicle and one or more other vehicles that are

(a) entirely carried;

(b) towed in such a manner that all of the vehicles' wheels are on the highway; or

(c) partly towed and partly carried;

and includes the lead motor vehicle even when it is not in combination with other vehicles. (« ensemble de véhicules »)

"driver's licence" means

(a) a driver's licence under this Act that authorizes the licence holder to drive one or more classes of motor vehicle as prescribed in the regulations under this Act;

(b) a temporary driver's licence under subsection 29(3) of this Act or subsection 31(7), 264(11) or (12) or 279(23) or (23.1) of The Highway Traffic Act or a temporary permit under subsection 268(1) of The Highway Traffic Act; and

(c) any other driver's licence or permit to drive issued under The Highway Traffic Act before the day this Act comes into force. (« permis de conduire »)

"duly qualified medical practitioner" means an individual registered under The Medical Act. (« médecin »)

"eligibility criteria", in relation to

(a) an enhanced driver's licence, means the criteria for determining who is eligible to hold an enhanced driver's licence set out in or determined under either or both of the following:

(i) an agreement under section 31.1,

(ii) the regulations under Part 3; and

(b) an enhanced identification card under Part 8.1, means the criteria for determining who is eligible to hold an enhanced identification card set out in or determined under either or both of the following:

(i) an agreement under section 150.15,

(ii) the regulations under Part 8.1. (« critère d'admissibilité »)

"enhanced driver's licence" means a driver's licence that, in addition to authorizing the licence holder to drive one or more classes of motor vehicle, is an enhanced form of identification intended to meet the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water. (« permis de conduire amélioré »)

"family" includes a common-law partner. (« famille »)

"garage" means a building or part of a building in or at which vehicles are serviced in the ordinary course of business and includes the parcel of land on which the building is located. (« garage »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"motor carrier" means motor carrier as defined in Part VIII of The Highway Traffic Act. (« transporteur routier »)

"motor vehicle liability insurance card" means

(a) an owner's certificate as defined in The Manitoba Public Insurance Corporation Act or the regulations under that Act;

(b) a motor vehicle liability insurance card referred to in section 35 of The Manitoba Public Insurance Corporation Act; or

(c) a card or other document issued to a person who resides or formerly resided outside Manitoba by an authorized insurer, or by an insurer that is authorized to transact business in the province, state or country in which the person resides or formerly resided and that has filed with the Superintendent of Insurance, in the form the Superintendent requires, the power of attorney and undertakings mentioned in section 161 of The Highway Traffic Act;

and which in each case is evidence of motor vehicle liability insurance, insuring the person named in the certificate, card or other document to the extent of not less than the amounts required under section 160 of The Highway Traffic Act. (« carte d'assurance-responsabilité automobile »)

"novice driver" has the meaning set out in the regulations. (« conducteur débutant »)

"number plate" means a plate to be displayed on a vehicle showing the numbers and letters that make up the vehicle's registration number

(a) under this Act; or

(b) under the laws of a jurisdiction outside Manitoba if the vehicle is registered outside Manitoba. (« plaque d'immatriculation »)

"off-road vehicle" means an off-road vehicle as defined in The Off-Road Vehicles Act. (« véhicule à caractère non routier »)

"optometrist" means an individual who is a member of the Manitoba Association of Optometrists and is entitled to practise optometry in Manitoba. (« optométriste »)

"out-of-province driving permit" means a licence, permit or other document that

(a) authorizes a person to drive a motor vehicle; and

(b) is issued by a competent authority outside Manitoba. (« permis de conduire de non-résident »)

"owner" includes a person who has exclusive use of a vehicle under a lease or other agreement for a period of more than 30 days. (« propriétaire »)

"peace officer" means

(a) a member of the Royal Canadian Mounted Police Force or another police officer, police constable or constable, or another person employed for the preservation and maintenance of the public peace; and

(b) a person appointed under this Act to enforce this Act or the regulations. (« agent de la paix »)

"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act, and includes photographs of persons. (« renseignements personnels »)

"photograph" includes the image of a person or thing that is recorded, stored or displayed in electronic digital format. (« photo »)

"qualified mechanic" means a mechanic who holds a qualified mechanic's permit issued under the regulations or who is otherwise authorized by the administrator or the minister to perform vehicle inspections and to issue certificates in respect of those inspections. (« mécanicien qualifié »)

"recognized agency" means

(a) The Addictions Foundation of Manitoba; or

(b) any other agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction and approved by the registrar. (« organisme reconnu »)

"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) to resell 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 »)

"registrar" means the registrar of Motor Vehicles appointed under section 3. (« registraire »)

"registration card" means a card that signifies that the vehicle described in the card is registered under this Act for any registration period shown in the card and, in any provision of this Act that requires a person to produce a vehicle's registration card to a peace officer, includes

(a) a registration permit under this Act;

(b) a cab card, or a permit under section 87 of The Highway Traffic Act; or

(c) any document that signifies that the vehicle is registered under the laws of a jurisdiction outside Manitoba. (« carte d'immatriculation »)

"registration class", in relation to a vehicle, means the registration class of the vehicle as prescribed in the regulations. (« classe d'immatriculation »)

"registration class sticker" means a sticker for use on a number plate to show the registration class of the vehicle that displays the number plate. (« vignette de classe d'immatriculation »)

"registration period", in relation to a vehicle, means the registration period for that vehicle determined under the regulations. ( « période d'immatriculation »)

"regulation", except when specified otherwise, means a regulation made under this Act. (« règlement »)

"repairer" means a person who

(a) maintains a garage for servicing motor vehicles, at a charge or price or for consideration, in the ordinary course of business; or

(b) owns and operates a fleet of five or more motor vehicles or other vehicles, or both, and maintains facilities to service them. (« réparateur »)

"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 »)

"service", in relation to a vehicle, means repair, maintain, paint or otherwise care for the vehicle, and includes repairing or maintaining a part or accessory or other equipment of a vehicle, but does not include selling fuel, lubricants, engine coolant or other fluid products, or services incidental to such sales. (« entretenir »)

"state of the United States" means a state or territory of the United States of America and includes the District of Columbia. (« État »)

"supervising driver" has the meaning set out in the regulations. (« conducteur surveillant »)

"valid", in relation to a driver's licence, out-of-province driving permit or other permit, certificate, student identification sticker or other sticker, vehicle registration or licence, registration card, cab card or other vehicle registration document, means a licence, permit, certificate, sticker, card or document that

(a) is validly issued under the enactment under which it is issued; and

(b) has not expired or been suspended, cancelled or revoked at the time when its validity is material. (« valide »)

"validation sticker" means a sticker for use on a number plate to show that the registration of the vehicle that displays the number plate is valid or to show the expiry date of the registration. (« vignette de validation »)

"vehicle identification number" means

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

(b) the vehicle identification number authorized to be attached to a vehicle under subsection 42(3) or 79(3) or under the laws of a jurisdiction outside Manitoba. (« numéro d'identification de véhicule »)

"Western Hemisphere Travel Initiative" means the Western Hemisphere Travel Initiative established under the Intelligence Reform and Terrorism Prevention Act of 2004 (United States of America). (« Initiative relative aux voyages dans l'hémisphère occidental »)

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

Application of Highway Traffic Act definitions

1(2)        The following terms have the same meaning in this Act as they have in The Highway Traffic Act:

"appeal board"

"cab card"

"commercial truck"

"drive"

"emergency vehicle"

"farmer"

"farm tractor"

"farm trailer"

"farm truck"

"gross weight"

"highway"

"implement of husbandry"

"livestock"

"medical review committee"

"motor vehicle"

"public service vehicle"

"regulated school bus"

"school bus"

"semi-trailer"

"semi-trailer truck"

"special mobile machine"

"taxicab"

"tractor"

"traffic"

"traffic authority"

"trailer"

"transport board"

"truck"

"truck tractor"

"vehicle"

Meaning of other words and expressions

1(3)        Words and expressions used in this Act and not defined in this Act have the meaning given to them in The Highway Traffic Act.

Interpretation

1(4)        For the purposes of a document, information, application, prosecution, process or other proceeding commenced or issued under this Act, any one or more of the terms "suspended", "cancelled", "disqualified" or "prohibited", or terms of like meaning, and other parts of speech and tenses of those terms may be used synonymously or interchangeably.  The use of one or more or any of those terms does not affect the validity or sufficiency of the document, information, application, prosecution, process or other proceeding.

S.M. 2008, c. 36, s. 2; S.M. 2008, c. 42, s. 24; S.M. 2008, c. 36, s. 2; S.M. 2014, c. 32, s. 7.

PART 2

ADMINISTRATION OF THIS ACT

Designation of administrator

2(1)        The Manitoba Public Insurance Corporation is the administrator for the purposes of this Act and the regulations under this Act and for the purposes of any other Act or regulation that imposes a duty or confers a power on the administrator.

Administrator's duties and powers

2(2)        The administrator must perform the duties that are imposed on it by this or another Act, or a regulation, and any other duties that the minister may require.  The administrator may exercise the powers conferred on it by this or another Act, or a regulation.

Directions by minister

2(3)        The minister may give directions to the administrator or the registrar to achieve the purposes of this Act, The Highway Traffic Act, The Off-Road Vehicles Act and the regulations under any of those Acts, including, but not limited to, directions for the purpose of

(a) achieving provincial objectives and priorities respecting the regulation of Manitoba highways and persons and vehicles using highways;

(b) providing guidelines for the administrator to follow in administering this Act, and for the administrator and the registrar in performing their duties and exercising their powers; and

(c) coordinating the work of the administrator and the registrar with the programs, policies and work of the government in regulating highways and transportation.

Delegation

2(4)        The administrator may delegate any of its duties or powers to an officer or employee of the administrator, who is then authorized to perform the duty or exercise the power.

Appointment of Registrar of Motor Vehicles

3(1)        The administrator may appoint one of its officers or employees as registrar of Motor Vehicles for the purposes

(a) of this Act and the regulations, and of any other Act or a regulation under another Act that imposes a duty or confers a power on the registrar; and

(b) of section 260 of the Criminal Code (Canada).

Appointment of Deputy-Registrar

3(2)        For the purposes of an Act or regulation mentioned in subsection (1), the administrator may appoint one of its officers or employees as Deputy-Registrar of Motor Vehicles.  Under the supervision of the registrar, the deputy-registrar may carry out the registrar's duties and exercise the registrar's powers under this Act or the regulations or under any other Act or a regulation under any other Act.

PART 3

DRIVER LICENSING

REQUIREMENT FOR A DRIVER'S LICENCE

Driver's licence required to drive motor vehicle

4(1)        A person may not drive a motor vehicle on a highway unless the person

(a) holds a valid driver's licence of a class that authorizes the person to drive the class of motor vehicle being driven; and

(b) carries the driver's licence while driving.

Driver's licence required to drive certain other vehicles

4(2)        A person may not drive an implement of husbandry, special mobile machine or tractor on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, unless the person

(a) holds a valid driver's licence of a class that authorizes him or her to drive a class 5 motor vehicle without a full-time supervising driver; and

(b) carries the licence while driving.

Restricted Licences

Restricted licences

5           The registrar may issue a restricted driver's licence of any class

(a) authorizing the licence holder to drive only a motor vehicle of a specified kind or type, or equipped in a manner specified in the driver's licence; or

(b) specifying any other conditions or restrictions that the registrar, the medical review committee or the appeal board may impose on the licence holder.

When a Driver's Licence Must Not Be Issued

General restrictions on issuing a driver's licence

6(1)        The registrar must not issue

(a) a driver's licence of any class to a person under the age of 16 years, except as permitted by the regulations;

(b) a class 1, 2, 3 or 4 driver's licence to a person under the age of 18 years;

(c) a driver's licence of any class to a person who does not satisfy the registrar that he or she is a resident of Manitoba, unless the regulations exempt him or her from this requirement;

(c.1) a driver's licence of any class to a person who does not satisfy the registrar as to his or her date of birth or identity;

(c.2) a driver's licence of any class to a person who does not satisfy the registrar that he or she is entitled under the laws of Canada to be in Canada during its period of validity; or

(d) a driver's licence of any class

(i) to a person whose driver's licence has been cancelled, unless the registrar is satisfied that the person is a fit and proper person to hold a driver's licence of the class being issued,

(ii) to a person whose driver's licence is suspended,

(iii) to a person who is prohibited from driving by a court, unless the court's prohibition order allows the person to drive a vehicle that is equipped with an ignition-interlock device and the driver's licence is a restricted licence, as defined in section 279.1 of The Highway Traffic Act, or the order otherwise allows the licence to be issued,

(iv) to a person who has a disease or disability that may be expected to interfere with safely driving a motor vehicle that may be driven with a driver's licence of the class applied for, except as permitted under this Act or the regulations,

(v) to a person who declines to take or fails any examination that the person is required to take under this Act or the regulations,

(vi) to a person who declines to take or fails to complete an impaired driver's course that the person is required to take under this Act or the regulations, or

(vii) to a person who fails or refuses to be photographed in accordance with the registrar's requirements, unless the type of driver's licence is not required by law to display the licence holder's photograph or the regulations exempt him or her from being photographed.

Notice of refusal to issue driver's licence

6(2)        When the registrar refuses to issue a driver's licence to a person for any of the reasons set out in subsection (1), the registrar

(a) may give the person a written notice of refusal stating the reason for the refusal; and

(b) must give the person a written notice of refusal stating the reason for the refusal if the person requests the notice within six months after the registrar's refusal.

Appeal against refusal

6(3)        Within six months after the date of the written notice of refusal, the person may appeal the refusal to the appeal board as provided in section 279 of The Highway Traffic Act.

Issuing driver's licence to a temporary resident

6(4)        If a person applying for a driver's licence or for the renewal of a driver's licence is not a permanent resident of Canada, the registrar must not issue the driver's licence for longer than the period during which, under the laws of Canada, the person is entitled to be in Canada.

S.M. 2008, c. 36, s. 3.

Restrictions on issuing enhanced driver's licence

6.1(1)      In addition to complying with subsection 6(1), the registrar must not issue an enhanced driver's licence to a person who does not satisfy the registrar that he or she meets the eligibility criteria for it.

Notice of refusal to issue enhanced driver's licence

6.1(2)      When the registrar refuses to issue an enhanced driver's licence to a person because the registrar is not satisfied that the person meets the eligibility criteria for it, the registrar

(a) may give the person a written notice of refusal stating the reason for the refusal; and

(b) must give the person a written notice of refusal stating the reason for the refusal if the person requests the notice within six months after the registrar's refusal.

No appeal against refusal

6.1(3)      The registrar's refusal to issue an enhanced driver's licence is final and not subject to appeal.

Issuing non-enhanced driver's licence after refusal

6.1(4)      The registrar's refusal to issue an enhanced driver's licence to a person does not affect the person's eligibility to apply for and hold a non-enhanced driver's licence that he or she is entitled to hold.

S.M. 2008, c. 36, s. 4.

DRIVING BY NEW RESIDENTS OF MANITOBA

Temporary validity of out-of-province driving permit

7           Despite any other provision of this Part, a person who becomes a resident of Manitoba and holds a valid out-of-province driving permit that authorizes him or her to drive any class of motor vehicle may drive a motor vehicle of that class for the first three months after he or she becomes a resident, without obtaining a driver's licence under this Act.

NOVICE DRIVERS

Regulations respecting novice drivers

8(1)        The Lieutenant Governor in Council may make regulations

(a) defining "novice driver" and "supervising driver";

(b) classifying novice drivers for any purpose or provision of the regulations, based on any criteria the Lieutenant Governor in Council considers appropriate;

(c) prescribing drivers' licences of different classes and subclasses for novice drivers;

(d) requiring a novice driver who holds a driver's licence of any class or subclass to be supervised, while driving, by a supervising driver;

(e) governing supervising drivers and prescribing the qualifications and requirements for supervising drivers, including, but not limited to, requiring every supervising driver to identify himself or herself and produce his or her driver's licence to a peace officer on demand;

(f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any class or subclass of driver's licence for novice drivers;

(g) respecting circumstances under which a novice driver may be required to produce evidence that he or she has successfully completed an approved driver education or training course;

(h) respecting approved driver education or training courses for novice drivers, respecting minimum standards and criteria for such courses, and respecting their implementation;

(i) governing novice drivers and prescribing conditions and restrictions applicable to any class or subclass of driver's licence for novice drivers;

(j) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with licences of any class or subclass and governing the conditions of their use and the manner of displaying them;

(k) exempting novice drivers or classes of novice drivers from any requirement under this Part or any regulation made under this subsection, and prescribing conditions for the exemptions;

(l) providing that section 147 applies to novice drivers who hold certain classes or subclasses of driver's licence, and prescribing conditions for its application;

(m) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part as it relates to novice drivers.

Application of regulations

8(2)        A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part in respect of any class of driver's licence for novice drivers or any class of novice driver.

Offence and penalty

8(3)        A novice or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice driver who contravenes a condition or restriction of his or her driver's licence, is guilty of an offence and is liable on summary conviction to the penalties set out in section 117.

Saving

8(4)        Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect any other provision of this Act that authorizes or requires the suspension or cancellation of a driver's licence or vehicle registration, or the disqualification of a person from holding a driver's licence or registering a vehicle.

Defence of novice driver to charge re supervising driver's qualifications

8(5)        It is a defence to a charge against a novice driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that he or she took all reasonable measures to comply with the regulations.

Stages for novice drivers

9(1)        A novice driver must hold a class or subclass of driver's licence prescribed by regulation for novice drivers

(a) in the learner stage for at least nine months before being eligible to progress to the intermediate stage;

(b) in the intermediate stage for at least 15 months before being eligible to progress to the full stage; and

(c) in the full stage for at least 12 months before he or she is no longer a novice driver.

Exemption for existing licences

9(2)        Subsection (1) does not apply to a driver's licence that is issued before April 1, 2002.

APPLYING FOR A DRIVER'S LICENCE

Applying for a driver's licence

10(1)       A person applying for any class of driver's licence must

(a) apply in the form required by the registrar;

(b) provide the registrar with the information and documents that the registrar requires to be satisfied that the person is eligible and qualified to hold the licence, or that the regulations require the applicant to provide;

(c) provide the registrar with any consent that the registrar requires to verify the person's eligibility and qualification to hold the licence;

(d) pay the charge for the licence that is specified in the regulations under The Highway Traffic Act and the premium for a certificate of insurance that is prescribed under The Manitoba Public Insurance Corporation Act; and

(e) allow himself or herself to be photographed in accordance with the registrar's requirements, unless the type of driver's licence is not required by law to display the licence holder's photograph or the regulations exempt him or her from being photographed.

Additional enhanced driver's licence requirements

10(2)       In addition to complying with subsection (1), a person applying for any class of enhanced driver's licence must

(a) pay the additional charge specified in the regulations under The Highway Traffic Act for an enhanced driver's licence;

(b) consent in writing, in the form required by the registrar, to the registrar obtaining, using, sharing and disclosing personal information about the person

(i) to verify the person's eligibility to hold the licence, and

(ii) as required under an agreement under section 31.1;

(c) provide the registrar with the information and documents that the registrar requires to be satisfied that the person meets the eligibility criteria for the licence; and

(d) if so required by the registrar,

(i) participate in interviews to provide and verify required information and documents, and

(ii) cooperate in providing and verifying the information and documents.

S.M. 2008, c. 36, s. 5.

Enhanced Driver's Licence Is Voluntary

Choosing enhanced driver's licence is voluntary

10.1(1)     No person who is required by this Act to have a driver's licence is required to choose an enhanced driver's licence.

Service not to be refused for lack of enhanced driver's licence

10.1(2)     A person must not refuse to provide a service to another person or to allow the other person access to a service or a place because the other person does not hold or cannot produce an enhanced driver's licence.

S.M. 2008, c. 36, s. 5.

Administrator Retains Additional Charges

Administrator may retain additional charge revenue

10.2        The administrator may retain as its own revenue the additional charges paid under clause 10(2)(a).

S.M. 2008, c. 36, s. 5.

Form and Content of Driver's Licence

Form and content of a driver's licence generally

11(1)       Subject to the regulations, the registrar may issue a driver's licence in any physical form that the registrar considers appropriate, and may require that the driver's licence

(a) be signed by the licence holder or display a facsimile version of his or her signature;

(b) display information that the registrar considers necessary about the licence holder and his or her driving privileges or restrictions; and

(c) contain information that the registrar considers necessary about the licence holder in machine-readable form.

Certain drivers' licences must display photo

11(2)       A driver's licence issued to a person must, in accordance with the registrar's requirements, display his or her photograph, unless

(a) the person is exempted by the regulations and the licence is not an enhanced driver's licence; or

(b) the licence is a temporary driver's licence issued by the registrar or by a peace officer, judge or justice under the authority of a provision of this Act or any other Act.

Additional features of an enhanced driver's licence

11(3)       Without limiting the application of subsections (1) and (2), the registrar may require that an enhanced driver's licence display or contain any information and include any features that are required to comply with the regulations or with an agreement under section 31.1.

Non-complying driver's licence is not valid

11(4)       A driver's licence is not valid unless

(a) it is issued by the registrar or a person authorized by the registrar, or by a peace officer, judge or justice;

(b) it is in the physical form in which the registrar or a peace officer, judge or justice issues that type of licence; and

(c) it complies with

(i) subsection (2),

(ii) any requirements imposed by the registrar under subsection (1) or (3), and

(iii) any requirements set out in the regulations.

S.M. 2008, c. 36, s. 5.

Requirement to Prove Age and Other Particulars

Proof of age

12(1)       The registrar may require a person who applies for a driver's licence to produce for inspection an official birth certificate, or other proof of the date of his or her birth satisfactory to the registrar.

Documents as proof of identity and residence

12(2)       A person who applies for a driver's licence or a renewal, replacement or reinstatement of a driver's licence must, on request and in accordance with the regulations, produce to the registrar the documents that the registrar requires as proof

(a) of the person's identity;

(b) that the person resides in Manitoba; and

(c) in the case

(i) of a driver's licence that is not an enhanced driver's licence, that the person is entitled under the laws of Canada to be in Canada during its period of validity, or

(ii) of an enhanced driver's licence, that the person meets the eligibility criteria for it.

S.M. 2008, c. 36, s. 6.

Change of Name or Address

Change of name or address

13          A licence holder who changes his or her name or address must, within 15 days after the change, notify the registrar of his or her new name or new address.  On request from the registrar, the licence holder must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

Declaration by Applicant for Driver's Licence

Declaration by applicant

14(1)       When a person applies for a driver's licence of any class, the person must make a declaration in the form and containing the information the registrar requires.

Specific declarations

14(2)       Without limiting the generality of subsection (1), a person applying for a driver's licence of any class must declare whether he or she

(a) has a disease or disability that may interfere with safely driving any motor vehicle that may be driven with the class of driver's licence applied for; or

(b) possesses a valid out-of-province driving permit.

Additional declaration re enhanced driver's licence

14(3)       In addition to complying with subsections (1) and (2), a person who applies for an enhanced driver's licence must make a declaration that satisfies the registrar that the person meets the eligibility criteria for the licence.

S.M. 2008, c. 36, s. 7.

Persons Who Are Not Competent to Drive

Refusal of driver's licence to incompetent person

15(1)       If the registrar is satisfied that a person is not competent to drive a motor vehicle, based on a declaration by the person, a driver's examination or otherwise, the registrar may, by giving a written notice, refuse to issue a driver's licence to the person or may cancel the person's driver's licence.

Giving cancellation notice

15(2)       A notice under subsection (1) must be given to the person

(a) by personal service; or

(b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the registrar, using a mail or delivery service that provides the registrar with an acknowledgment of receipt.

Evidence of receipt by mail

15(3)       Evidence that a notice under subsection (1) was mailed or delivered in accordance with clause (2)(b) and that the registrar received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

Examination of applicant

15(4)       If a person who has been refused a driver's licence, or whose driver's licence has been cancelled under subsection (1), asks to take a driving competency examination, the registrar must allow the person to take the examination.  This is subject to the person paying the charge for the examination specified in the regulations under The Highway Traffic Act.

When person passes examination

15(5)       The registrar must issue a driver's licence to a person who passes an examination requested under subsection (4) if the person is otherwise entitled to a driver's licence under this Act.

When person does not pass examination

15(6)       A person who does not pass the examination requested under subsection (4) is not entitled to take another driving competency examination without the consent of the registrar.

Replacement of Driver's Licence

Issuing replacement licence

16(1)       A person who holds a valid driver's licence may apply to the registrar for a replacement if the original driver's licence is lost or destroyed. The registrar may issue the replacement licence if the person pays the charge specified in the regulations under The Highway Traffic Act and provides proof satisfactory to the registrar

(a) that the driver's licence was lost or destroyed; and

(b) that he or she is the person to whom the driver's licence was issued.

Return of replacement driver's licence

16(2)       A person who obtains a replacement driver's licence and afterwards finds the original must return the replacement driver's licence to the registrar without delay.

Care and Production of Driver's Licence

Care and production of licence

17           A person who holds a driver's licence must

(a) keep it clean and legible; and

(b) produce it to the registrar or a justice, when the registrar or justice requires it to be produced.

MEDICAL REQUIREMENTS

Medical report required

18(1)       By giving a written notice to a person who is applying for or holds a driver's licence, the registrar may require the person

(a) to be examined by, and to provide a report to the registrar from,

(i) a duly qualified medical practitioner, optometrist or other expert as to whether the person has a disease or disability that may interfere with safely driving a motor vehicle that may be driven with the class of driver's licence applied for or held, or

(ii) a recognized agency as to whether the person has a disease or disability that may interfere with safely driving a motor vehicle that may be driven with the class of driver's licence applied for or held; and

(b) if the registrar considers it advisable, to be examined again by, and to provide a further report from, a medical practitioner, optometrist, expert or agency described in clause (a).

Content of notice under subsection (1)

18(2)       A notice under subsection (1) must specify the type of report that the registrar requires and the person or agency or kind of person that must make it.  The notice may specify the day by which it must be provided to the registrar.

Temporary suspension

18(3)       At the time a notice under subsection (1) is given, or at a later time, the registrar may, by giving a written notice, suspend the person's driver's licence, if any, and the person's right to have a driver's licence.  The suspension is in effect until the person provides the reports required under subsection (1) and the registrar takes action under subsection (7) or (8).

Content of notice under subsection (3)

18(4)       A notice under subsection (3) must specify the action taken by the registrar and state that the action is effective until the registrar takes further action under subsection (7) or (8).

When all reports not provided

18(5)       If a person, other than a person who has been given a notice under subsection (3), does not provide each report required under subsection (1) within the time specified in the notice or any extension of time given by the registrar, the registrar may do one or more of the following by giving a written notice to the person:

(a) suspend the person's right to have a driver's licence;

(b) cancel the person's driver's licence;

(c) issue a lower class of driver's licence to the person under subsection 29(4).

No appeal

18(6)       Despite any other provision of this Act, no appeal lies from a suspension under subsection (3) or from an action of the registrar under clause (5)(a), (b) or (c).

Registrar's action re person without disease or disability

18(7)       When the registrar is satisfied by the reports a person provides under subsection (1) that the person does not have a disease or disability that may interfere with safely driving a motor vehicle that may be operated with the class of driver's licence applied for or held, the registrar must do whichever of the following applies in the circumstances:

(a) if the person's driver's licence or right to have a driver's licence was suspended under subsection (3), terminate the suspension;

(b) if the person's right to have a driver's licence was suspended under clause (5)(a), terminate the suspension;

(c) if the person's driver's licence was cancelled under clause (5)(b), reinstate the driver's licence;

(d) after doing anything under clause (a), (b) or (c), issue a new driver's licence certificate to the person if the registrar is satisfied that the person is competent to drive a motor vehicle that may be driven with the class of driver's licence;

(e) if the person was issued a lower class of driver's licence under clause (5)(c), issue a driver's licence of the original class to the person.

If registrar satisfied person has a disease or disability

18(8)       When the registrar is satisfied by the reports a person provides under subsection (1) that the person has a disease or disability that may interfere with safely driving a motor vehicle that may be operated with the class of driver's licence applied for or held, the registrar must do whichever of the following applies in the circumstances:

(a) suspend the person's right to have a driver's licence by giving the person a written notice;

(b) cancel the person's driver's licence by giving the person a written notice;

(c) issue a driver's licence with restrictions under section 5;

(d) issue a lower class of driver's licence to the person under subsection 29(4);

(e) require the person to take such steps in relation to an action under clause (c) or (d) as the registrar considers appropriate.

Methods of giving certain notices

18(9)        A notice under subsection (3) or (5) or clause (8)(a) or (b) must be given to the person

(a) by personal service; or

(b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the registrar, using a mail or delivery service that provides the registrar with an acknowledgment of receipt.

Evidence of receipt by mail

18(10)      Evidence that a notice was mailed or delivered in accordance with clause (9)(b) and that the registrar received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

Methods of giving other notices

18(11)      The registrar may give a notice under subsection (1) or clause (8)(c), (d) or (e) by any method that the registrar considers appropriate.

Changes in Health or Physical Condition Affecting Ability to Drive

Registrar must be notified of changes in health

18.1        Without delay after becoming aware of any change in his or her health or physical condition that is likely to affect his or her ability to drive and would be required to be declared under section 14, the holder of a driver's licence must notify the registrar in writing of the details of the change.

S.M. 2008, c. 36, s. 8

Appeal to Medical Review Committee

Appeal to medical review committee

19          A person may appeal the action of the registrar under subsection 18(8) in respect of the person's driver's licence to the medical review committee by following the appeal procedure specified by the medical review committee.

No action against physician, optometrist or agency

20          No action or proceeding may be brought against

(a) a duly qualified medical practitioner, optometrist or other expert, or a recognized agency, or an employee or agent of any of them, for any injury or damage suffered as a result of a report provided by the medical practitioner, optometrist, expert, agency, employee or agent under subsection 18(1); or

(b) a recognized agency or an employee or agent of a recognized agency for any injury or damage suffered as a result of an assessment provided by the agency, employee or agent under section 21 or 22.

REQUIREMENT FOR IMPAIRED DRIVER ASSESSMENT

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.

S.M. 2005, c. 56, s. 5; S.M. 2010, c. 52, s. 13.

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.

Content of notice

22(3)       The notice must state

(a) that the person is required

(i) to provide to the registrar an impaired driver's assessment from a recognized agency within a specified period, and

(ii) if that agency considers it advisable, to successfully complete an educational or treatment program offered by a recognized agency within a further specified period; and

(b) that, if the person fails to meet any requirement of clause (a) within the specified period or any extension of the period approved by the registrar, the registrar may suspend the person's driver's licence and right to hold a driver's licence and may disqualify the person from holding a driver's licence and from driving a motor vehicle or operating an off-road vehicle until he or she meets the requirement.

Suspension or disqualification

22(4)       The registrar may suspend a person's driver's licence and right to hold a driver's licence and may disqualify a person from applying for or holding a driver's licence and from driving a motor vehicle or operating an off-road vehicle if the person fails to meet any requirement of the notice within the period specified in the notice or any extension of the period approved by the registrar. The suspension or disqualification is in effect until the person meets the requirement.

No appeal

22(5)       Despite any other provision of this Act, no appeal lies from a suspension or disqualification imposed under subsection (4).

S.M. 2010, c. 52, s. 14.

When assessment indicates disease or disability

23(1)       When the registrar is satisfied by an assessment provided under section 21 or 22 that the person has a disease or disability that may interfere with safely driving a motor vehicle that may be driven with the class of driver's licence applied for or held, or with safely operating an off-road vehicle, the registrar must do whichever of the following applies to the person:

(a) suspend the person's right to have a driver's licence by giving the person a written notice;

(b) cancel the person's driver's licence by giving the person a written notice;

(c) issue a driver's licence with restrictions as provided in section 5;

(d) issue a lower class of driver's licence to the person under subsection 29(4);

(e) require the person to take such steps in relation to an action under clause (c) or (d) as the registrar considers appropriate;

(f) disqualify the person from operating an off-road vehicle by giving the person a written notice.

Appeal to medical review committee

23(2)       A person may appeal the action of the registrar under subsection (1) in respect of the person's driver's licence to the medical review committee by following the appeal procedure specified by the medical review committee.

ISSUING DRIVERS' LICENCES TO MINORS

Restriction on issue of licences to minors

24(1)       The registrar must not issue a driver's licence of any class to a person under 18 years of age unless the application for the driver's licence is approved and signed

(a) by both of the applicant's parents;

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(c) if one of the applicant's parents is dead, by the surviving parent;

(d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by the applicant's employer, or any other person the registrar considers to be a responsible and suitable person.

Cancellation of licence issued to minor

24(2)       The registrar must cancel the driver's licence issued to a person under 18 years of age, if the registrar receives a written request from a person who approved and signed the application under subsection (1).

DRIVER'S LICENCE EXAMINATIONS

Charges for examinations

25(1)       For each attempt to pass an examination, the person required to pass the examination must pay the charge for the examination specified in the regulations under The Highway Traffic Act.

Authorized examiners

25(2)       The administrator may authorize a person to administer examinations to persons who are required to pass examinations by this Act or the regulations under this Act, whether in connection with a driver's licence application or otherwise, and may define the duties and powers of the authorized person.  If the authorized person does not otherwise receive a salary for administering the examinations, the administrator may fix the fee the authorized person may retain for each examination that he or she administers.

Requirement for Examination

Examination before issue of licence

26          Subject to section 28, the registrar must not issue a driver's licence of any class to a person unless the person has passed the examinations the registrar requires and satisfied any other requirements the registrar considers appropriate.

Particulars of Examination

Particulars of examination

27          Any examination that a person is required to pass under section 26 must include tests of the person's

(a) eyesight;

(b) ability to read and understand highway signs regulating, warning and directing traffic;

(c) knowledge of the laws of Manitoba respecting highway traffic; and

(d) ability to exercise ordinary and reasonable control of a motor vehicle.

When Examination May Not Be Required

Exemption from examination

28(1)       The registrar may exempt an applicant for a driver's licence from any examination required under this Act if

(a) the applicant holds a valid out-of-province driving permit issued in a province or territory of Canada or in a state of the United States;

(b) the application is for a class 5 or 6 driver's licence and the applicant holds a valid out-of-province driving permit issued in a country or political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement as provided for in subsection 31.1(1) of The Highway Traffic Act;

(c) the applicant is a member of NATO Forces personnel, or a family member of such a member, and holds a valid out-of-province driving permit issued in the country in which the member permanently resides;

(d) the applicant holds a valid out-of-province driving permit issued under the authority of the Commander, Canadian Forces Europe; or

(e) in the three-month period immediately before the application, the applicant held a valid out-of-province driving permit described in clause (a) or (b), and the issuing authority confirms that the applicant is eligible to hold a driving permit and drive a motor vehicle in the authority's jurisdiction.

When examination may not be required

28(2)       The registrar may issue a driver's licence of any class to a person without requiring the person to pass an examination if the person

(a) has not allowed his or her driver's licence to lapse for more than four consecutive years since he or she last held a driver's licence of the class being issued; or

(b) has previously passed an examination that satisfies the registrar that the person is qualified to drive a motor vehicle of any class that the driver's licence being issued authorizes the person to drive.

Exemption from driving test for certain employees

28(3)       The registrar may exempt a person who applies for a class 1, 2, 3 or 4 driver's licence from a practical driving examination required under section 26 if

(a) the registrar receives a certificate from the person's employer, on a form approved by the registrar, stating that the person

(i) has satisfactorily completed the employer's training course in safely and properly driving motor vehicles of the type authorized to be driven under the class of driver's licence applied for, and

(ii) has passed the employer's practical driving examination administered in that type of motor vehicle; and

(b) the registrar has approved the employer's training course and practical driving examination.

DRIVER IMPROVEMENT MEASURES

Further examination, interview or course required

29(1)       The registrar may require a person who holds a driver's licence of any class, or whose driver's licence or right to hold a driver's licence has been suspended or cancelled, to do one or more of the following:

(a) pass an examination as required by section 26 or a further examination, and satisfy any other requirements that the registrar considers appropriate;

(b) attend an interview to discuss the person's ability to drive a motor vehicle safely or to comply with the provisions of this Act and The Highway Traffic Act and the regulations under either Act;

(c) successfully complete a driver improvement course specified by the registrar and administered by an agency approved by the registrar, and provide the registrar with satisfactory evidence of successful completion.

Failure to comply

29(2)       If the person fails to meet a requirement under subsection (1) within the time set by the registrar, the registrar may cancel any driver's licence the person holds and may, whether or not the driver's licence is cancelled, refuse to issue any further renewal or driver's licence until the requirement is met.

Temporary licence

29(3)       Despite subsection (1), the registrar may issue a temporary driver's licence for a period of not more than 45 days, subject to any conditions or restrictions that the registrar considers appropriate.

Issuing a lower class of driver's licence

29(4)       Despite any other provision of this Act, if a person is unable to meet the standards and requirements for a particular class of driver's licence but the registrar is satisfied that the person meets the standards and requirements for a lower class of driver's licence, the registrar may issue the lower class of driver's licence to the person.

S.M. 2013, c. 54, s. 25.

DRIVER'S LICENCE PERIODS

Driver's licence periods

30          A driver's licence that does not have a period of validity specified in this Act or another Act is valid for the period determined under the regulations.

S.M. 2008, c. 36, s. 9.

NON-RESIDENT DRIVERS

Driving by non-resident without Manitoba licence

31(1)       A non-resident who does not hold a driver's licence issued under this Act, but does hold a valid out-of-province driving permit issued in the jurisdiction in which he or she permanently resides, may drive a motor vehicle of the class or type authorized by that permit if he or she

(a) is 16 years of age or older;

(b) resides or carries on business in Manitoba for no more than three consecutive months in any year, or is a member of NATO Forces personnel;

(c) has complied with the law of the jurisdiction in which he or she permanently resides relating to the licensing of drivers; and

(d) complies with the conditions or restrictions, if any, of the out-of-province driving permit.

Delivery of permits issued outside Manitoba

31(2)        A person who applies for any class of driver's licence and who possesses a valid out-of-province driving permit must deliver the permit to the registrar before the registrar issues a driver's licence to the person.

Driving by students with out-of-province driving permits

31(3)       A student residing in Manitoba temporarily for the purpose of attending a university, college or technical school full-time in the province may drive a motor vehicle in the province without being licensed under this Act if

(a) the student

(i) usually resides in

(A) a province or territory of Canada or a state of the United States, or

(B) a country, or a political subdivision of a country, with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1) of The Highway Traffic Act, or

(ii) obtains the registrar's written approval to drive and complies with any conditions the registrar imposes on the approval;

(b) the student has complied with the driver licensing laws in the place where he or she usually resides; and

(c) the student has in his or her possession a valid out-of-province driving permit issued to him or her in the place where her or she usually resides and complies with any conditions or restrictions of the permit.

ENHANCED DRIVER'S LICENCE AGREEMENT

Agreement respecting enhanced drivers' licences

31.1(1)     The minister may enter into an agreement with the Government of Canada or the Government of the United States, or with an agency of either government, respecting enhanced drivers' licences and respecting any matter necessary or advisable to allow them to be used as a form of identification for the purpose of meeting the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water.

Information disclosure and security

31.1(2)     Without limiting the generality of subsection (1), an agreement under that subsection

(a) may provide, in accordance with the consents provided by persons under clause 10(2)(b), for the disclosure

(i) by the registrar to the Government of Canada or a department or agency of that government, and

(ii) by the Government of Canada or the department or agency to the Government of the United States or an agency of that government,

of personal information about persons that is necessary to allow their enhanced drivers' licences to be used for the purpose set out in subsection (1); and

(b) must contain provisions respecting reasonable safeguards to protect

(i) the confidentiality, security, accuracy and integrity of the personal information, and

(ii) the privacy of the persons whom the personal information is about.

S.M. 2008, c. 36, s. 10.

REGULATIONS

Regulations

32(1)       The Lieutenant Governor in Council may make regulations

(a) prescribing classes and subclasses of driver's licence required to drive a specified class or type of vehicle or more than one class or type of motor vehicle, governing drivers who hold particular classes or subclasses of drivers' licences, and prescribing conditions and restrictions that shall apply to any class or subclass of drivers' licence;

(b) respecting the issuance, renewal, replacement, suspension, cancellation and reinstatement of drivers' licences;

(b.1) respecting the physical form of a driver's licence and the information that a driver's licence must display, contain or be able to store;

(c) respecting documents required as proof of identity and residence for the purposes of subsection 12(2), or as proof that a person is entitled to be in Canada and of the length of the entitlement, for the purposes of that subsection;

(c.1) respecting information, documents and consents that a person may be required to provide to the registrar in relation to an application for a driver's licence or the renewal, replacement or reinstatement of a driver's licence;

(c.2) respecting the eligibility criteria for an enhanced driver's licence;

(d) defining "person who is not resident in Manitoba" or establishing rules for determining who is a person not resident in Manitoba for the purpose of clause 6(1)(c) and exempting persons from the requirement to be a person resident in Manitoba;

(e) prescribing the circumstances in which a driver's licence may be issued to a person who is under the age of 16 years;

(f) respecting the periods for which drivers' licences are valid;

(g) [repealed] S.M.  2008, c. 36, s. 11;

(h) respecting the exemption of persons or classes of persons from the requirement to be photographed for the purpose of issuing a driver's licence that is not an enhanced driver's licence;

(i) exempting any person or class of persons or any class of vehicle from any requirement of this Part or from any regulation made under this Act that relates to driver licensing, and prescribing conditions for such exemptions;

(i.1) respecting any transitional or other problem resulting from introducing enhanced drivers' licences, changing from two-part to one-part drivers' licences, or changing from single-year to multi-year validity periods for certain types of drivers' licences;

(j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

32(2)       A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2008, c. 36, s. 11.

PART 4

REGISTRATION OF VEHICLES OTHER THAN OFF-ROAD VEHICLES

When certain tractors are motor vehicles

33          For the purposes of this Part, a tractor that is designed and primarily used as a farm implement is a motor vehicle when it is driven on a highway except

(a) when it is towing

(i) an implement of husbandry in the course of agricultural operations or for farm use, or

(ii) a vehicle used in transporting the produce or livestock of the tractor-owner's farm or in transporting property for use on the farm; or

(b) when it is being moved in the course of agricultural operations or for the purpose of being serviced.

REQUIREMENT TO REGISTER

Registration and number plate requirements

34          A person may not drive a motor vehicle or tow a trailer on a highway, and the person who owns a motor vehicle or trailer may not permit another person to drive or tow it on a highway,

(a) unless

(i) a registration card for the vehicle has been issued under this Act and is valid,

(ii) the vehicle displays, in accordance with the regulations, the quantity and type of number plates that the regulations prescribe for use on a vehicle of its registration class, and

(iii) the number plates display the vehicle's registration card number and, in accordance with the regulations, stickers showing the vehicle's registration class and that the registration is valid; or

(b) unless a valid registration permit issued under this Act for the vehicle is displayed on or carried in it in accordance with the regulations, or a valid permit under section 87 of The Highway Traffic Act is displayed on or carried in it in accordance with that Act.

WHEN CERTAIN VEHICLES ARE DEEMED TO BE REGISTERED

Drive-away units

35(1)       A registration card issued for a drive-away unit is deemed to be issued for all vehicles that make up the unit from time to time

(a) when the drive-away unit displays, in accordance with the regulations, the quantity and type of number plates that the regulations prescribe for use on a drive-away unit of the lead motor vehicle's registration class; and

(b) when the number plates display the vehicle's registration card number and, in accordance with the regulations, stickers showing the registration class of the lead motor vehicle and that the registration is valid.

Dealers' number plates

35(2)       A registration card issued to a dealer in relation to dealers' number plates is deemed to have been issued for a vehicle when

(a) the vehicle displays, in accordance with the regulations, the quantity and type of dealers' number plates that the regulations prescribe for use on vehicles of its registration class; and

(b) the dealers' number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Repairers' number plates

35(3)       A registration card issued to a repairer in relation to repairers' number plates is deemed to have been issued for a vehicle when

(a) the vehicle displays, in accordance with the regulations, the quantity and type of repairers' number plates that the regulations prescribe for use on vehicles of its registration class; and

(b) the repairers' number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Collector number plates

35(4)        A registration card issued to a person in relation to collector number plates is deemed to have been issued for a vehicle when

(a) the vehicle displays, in accordance with the regulations, the quantity and type of collector number plates that the regulations prescribe for use on vehicles of its registration class;

(b) the collector number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing the vehicle's registration class and that the registration is valid; and

(c) the vehicle is used for a purpose or in circumstances prescribed in the regulations.

Exceptions to Registration Requirement

Exception for certain vehicles

36(1)       Section 34 does not apply

(a) to a trailer that is owned by a farmer, while it is being

(i) towed by a farm tractor, and

(ii) used to transport or market the produce, including livestock, of the farm of the trailer's or tractor's owner, or to transport property for use on the owner's farm; or

(b) to a motor vehicle that is being towed by another motor vehicle, but is not part of a drive-away unit.

Vehicles of Department of National Defence

36(2)       Section 34 does not apply to a vehicle of the Department of National Defence of Canada that displays number plates issued by the Department of National Defence.

NON-RESIDENTS AND OUT-OF-PROVINCE VEHICLES

Application to vehicles of non-residents

37(1)       Despite section 34, the owner of a vehicle that is not registered under this Act may drive or tow it in Manitoba, or may permit it to be driven or towed in Manitoba, for the shorter of three months and the period during which the vehicle's registration or licence is valid under the laws of a jurisdiction outside Manitoba if

(a) the owner and the vehicle are in compliance with the laws of the jurisdiction outside Manitoba as to the vehicle's registration or licence, and it displays the number plates authorized for use on the vehicle under those laws; and

(b) while driving or towing the vehicle, the owner or other driver carries in the vehicle

(i) the registration certificate or licence required under the laws of the jurisdiction outside Manitoba, and

(ii) the proof of the owner's financial responsibility required by this Act,

and produces them without delay on demand by a peace officer.

Exception re certain vehicles

37(2)       Subsection (1) does not apply to

(a) a public service vehicle or a commercial truck;

(b) a motor vehicle or trailer owned by a person whose head office or principal place of business is outside Manitoba but who has a business operation in Manitoba in connection with which the motor vehicle or trailer is primarily used; or

(c) a vehicle of a type or class prescribed in the regulations for the purpose of this subsection.

Exception re vehicles of students

37(3)       A student residing in Manitoba temporarily for the purpose of attending a university, college or technical school full-time in the province may, without complying with section 34, operate in Manitoba or permit another person to operate in Manitoba a vehicle to which subsection (1) applies if

(a) the owner is in compliance with the vehicle registration or licensing laws of the jurisdiction in which the vehicle is registered or licensed;

(b) the vehicle displays the number plates authorized for use on it under the laws of that jurisdiction;

(c) when the vehicle is operated on a highway in Manitoba, the student or other driver carries

(i) the registration certificate and licence required under the laws of that jurisdiction, and

(ii) the proof of the owner's financial responsibility required by this Act,

and produces them without delay on demand by a peace officer; and

(d) a valid student identification sticker issued for the vehicle as provided in the regulations is displayed or carried in accordance with the regulations.

Exception re extra-provincial temporary permits

37(4)       Section 34 does not prohibit the operation in Manitoba of a vehicle, other than a public service vehicle or a commercial truck, for which there is a valid temporary registration issued by another jurisdiction in Canada if

(a) the driver, while operating the vehicle in Manitoba, carries

(i) the temporary registration for the vehicle, and

(ii) the proof of the vehicle owner's financial responsibility required by this Act,

and produces them without delay on demand by a peace officer; and

(b) the driver operates the vehicle in accordance with the terms and conditions of the temporary registration.

Exception re extra-provincial commercial vehicles

37(5)       Section 34 does not apply to a person granted an exemption or privilege under a reciprocal agreement or arrangement made under section 4.3 of The Highway Traffic Act.

HOW TO REGISTER A VEHICLE

Application for registration

38(1)       To register a vehicle, an application for registration of a vehicle must be made to the registrar in the form and giving the particulars that the registrar requires.

Amounts payable to register a vehicle

38(2)       A person applying to register a vehicle must pay the charge specified in the regulations under The Highway Traffic Act and the premium and any additional premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations under that Act for insurance required as proof of the owner's financial responsibility.

Exemption from registration charge

38(3)       A person is exempt from paying the registration charge for registering one motor vehicle if he or she

(a) lost a limb, was rendered a paraplegic or quadriplegic, or was blinded, while on active service as a member of the armed services of Canada or during wartime as a member of the armed forces of an ally of Canada; and

(b) uses the motor vehicle solely for pleasure.

Issuing registrations

38(4)       If the person applying to register a vehicle satisfies the registration requirements of the registrar, this Act and the regulations, the registrar may issue a registration card or registration permit for the vehicle in the applicable registration class prescribed for it in the regulations.

How long a registration card or registration permit is valid

38(5)        Subject to the provisions of this Act and the regulations as to suspension, cancellation and expiry, the registration card or registration permit for a vehicle issued under this Part is valid for the period determined under the regulations for that vehicle.

Inspection to determine vehicle's registration class

38(6)       If the registrar is in doubt as to which registration class a vehicle ought to be registered in, the registrar may refuse to register the vehicle until it is inspected as the registrar requires and the registrar is satisfied as to the vehicle's registration class.

Documentation required to register

39(1)       The registrar may require the production of any documentation that he or she considers necessary before

(a) issuing, transferring or cancelling a registration card or registration permit;

(b) issuing or authorizing the use of number plates; or

(c) performing any other function in respect of a vehicle's registration for which an application or request is made.

The documentary requirements may be different for different classes of vehicles.

Examples of documentation

39(2)       Without limiting the generality of subsection (1), the registrar may require

(a) proof of ownership of the vehicle;

(b) proof that the applicant is the person named in the application;

(c) proof of the birth date of an applicant if he or she is an individual; and

(d) proof that the applicant is a farmer if the vehicle is being registered as a farm truck.

Persons eligible to register

40(1)       The registrar must not register a vehicle except in the name of an owner

(a) who, alone or jointly with one or more others,

(i) has exclusive use of the vehicle together with the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(b) who

(i) is a person resident in Manitoba,

(ii) is a person whose head office or principal place of business is outside Manitoba but who has a business operation in Manitoba in connection with which the motor vehicle or trailer is primarily used, or

(iii) operates the vehicle as a public service vehicle or commercial truck.

Age requirement for individuals

40(2)       The registrar must not register a vehicle in the name of an individual who is less than 16 years of age, and must not register a vehicle in the name of an individual who is 16 or 17 years of age unless the individual complies with subsection 168(2) of The Highway Traffic Act.

When property in vehicle held as security

40(3)       If a person has transferred the property in a vehicle to another by way of security only, the person is deemed to be the owner of the vehicle so long as he or she has exclusive possession of it.

Joint, common and partnership interests

40(4)       For the purpose of subsection (1), owners are joint owners of a vehicle if they are joint tenants or tenants in common of the vehicle or if they are partners in a partnership that owns the vehicle.

When two or more persons eligible to register

40(5)       When two or more owners described in subsection (1) are eligible to register a vehicle, only one of them may register it.

Insurance certificate required

40(6)       The registrar must not register a vehicle unless the insurance premium and any additional premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations under that Act for insurance required as proof of the owner's financial responsibility are paid.

Registration card combined with insurance certificate

40(7)       The registrar may issue a combined registration card and insurance certificate.

FALSELY OBTAINED REGISTRATIONS

Registrations by corporations

41(1)       No person shall apply for, procure or attempt to procure the registration of a vehicle in the name of

(a) an applicant that purports to be a corporation if no such corporation exists; or

(b) a corporation that is incorporated under the laws of a jurisdiction other than Manitoba and is required to be but is not registered under The Corporations Act or licensed under The Insurance Act.

Use of registration card or permit of non-existent corporation

41(2)        No person shall use a registration card or registration permit issued under this Act in the name of a corporation if the corporation does not exist at the time the registration card is used.

Registration falsely obtained

41(3)       The registration of a vehicle by a person other than an owner permitted to register it under section 40 is null and void.

S.M. 2008, c. 42, s. 24.

VEHICLE IDENTIFICATION NUMBERS

Missing vehicle identification numbers

42(1)       Except as provided in this section, the registrar must not register a motor vehicle if the manufacturer's vehicle identification number has been lost, removed, destroyed or altered, or is illegible.

Exceptions

42(2)       A vehicle may be registered if the registrar is satisfied that the vehicle displays a legible vehicle identification number authorized for the vehicle

(a) under subsection (3); or

(b) under the laws of a jurisdiction outside Manitoba.

Assignment of vehicle identification number

42(3)       The registrar may

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

(b) with or without conditions, authorize a peace officer to attach the vehicle identification number permanently to the vehicle in the manner and location specified by the registrar.

REGISTRATION REQUIREMENTS FOR CERTAIN VEHICLES AND CANCELLATION IN CERTAIN CIRCUMSTANCES

Hazardous or Non-Conforming Vehicles

Registration of hazardous vehicles prohibited

43(1)       Subject to subsection (2), the registrar must not register, and must cancel the registration of, a vehicle if he or she believes that, because of its physical characteristics or condition, the vehicle is likely to create a hazard to persons or property when it is driven or towed on a highway.

Registration of non-conforming vehicles

43(2)       The registrar may, subject to any conditions or restrictions he or she considers appropriate, register a vehicle that does not conform to the requirements of this Act, The Highway Traffic Act or the regulations under either of those Acts, if

(a) the registrar believes that the vehicle is not likely to create a hazard to persons or property when driven or towed on a highway in accordance with the conditions or restrictions; and

(b) the vehicle is equipped in a manner that is acceptable to the registrar.

Inspection Certificate

Application

44(1)       This section does not apply to a motor vehicle that has the status of a salvageable motor vehicle.

Inspection certificate required for registration

44(2)       The registrar must not register a motor vehicle by registration card unless the owner files with the registrar one or more inspection certificates for the motor vehicle that meet the requirements of the regulations.

Cancelling registration

45          The registrar may cancel the registration card for a motor vehicle if an inspection certificate for the vehicle filed under section 44 or subsection 47(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.

Cancelling Registration of Irreparable or Salvageable Vehicle

Cancelling registration — irreparable vehicle

46(1)       The registrar must 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 67(1) that it has been written off.

No registration of irreparable vehicle

46(2)       The registrar must not issue a registration card or registration permit for a motor vehicle that has the status of an irreparable motor vehicle.

Cancelling registration — salvageable motor vehicle

47(1)       The registrar must 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 the motor vehicle is issued under subsection (2).

Replacement registration for rebuilt vehicle

47(2)       The registrar may 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 in the regulations;

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

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

New registration for rebuilt vehicle

47(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), the registrar may issue a new registration card or registration permit for the motor vehicle only after the person applying for registration files with the registrar the inspection certificates prescribed in the regulations.

Registration card to indicate vehicle rebuilt

47(4)       Subject to subsection (5), a replacement registration card issued for a motor vehicle under subsection (2) or a new registration card issued for a motor vehicle under subsection (3), and every registration card issued for the motor vehicle after that, must have the word "REBUILT" shown on the card.

Exception

47(5)       Subsection (4) does not apply if a motor vehicle again has the status of a salvageable motor vehicle.

Public Service Vehicles and Commercial Trucks

Registration of PSVs and Cts

48(1)       A vehicle must not be registered as a public service vehicle or commercial truck unless

(a) the person applying to register it meets the requirements of Part VIII of The Highway Traffic Act; or

(b) the vehicle is required to be registered as a public service vehicle or commercial truck under the terms of an exemption granted by the transport board.

Temporary registration as PSV or CT

48(2)       A vehicle that is registered under this Act, other than as a public service vehicle or commercial truck, may be operated as a public service vehicle or commercial truck and may continue to display the number plates authorized at the time of registration if

(a) there is a valid permit for it issued under subsection 281(3) of The Highway Traffic Act;

(b) the permit is displayed or carried in accordance with the regulations; and

(c) the vehicle is operated in accordance with the terms and conditions of the permit.

Cancellation Under Reciprocal Agreements

Refusal or cancellation where reciprocal or special arrangement

49          The registrar may refuse to register a vehicle, may suspend or cancel the registration of a vehicle or may refuse, suspend or cancel an exemption, privilege or benefit under a reciprocal agreement or arrangement under subsection 4.3(1) or (3) of The Highway Traffic Act if

(a) the vehicle's owner

(i) is not entitled to the exemption, privilege or benefit under the agreement or arrangement, or

(ii) has failed to comply with a requirement of subsection 4.3(2) or (4) of that Act; or

(b) the registration fee respecting the vehicle is prorated under an agreement or arrangement under subsection 4.3(3) of that Act and the owner of the vehicle has failed to

(i) make, maintain and submit to the minister the records of distance required by the regulations under that Act, or

(ii) submit reports of distance within the times required by the regulations under that Act.

Taxicabs

Registration of taxicabs

50          The registrar must not register a motor vehicle as a taxicab unless the person applying to register it holds a taxicab business licence under The Taxicab Act.

Farm Trucks

Registration of farm trucks

51          The registrar must not register a truck as a farm truck unless it is registered in the name of a farmer.

Remote Community Registrations

Definition of "remote community"

52(1)       In this section, "remote community" means a community that is not connected to the provincial highway system by a year-round all-weather road.

Restricted registration for remote communities

52(2)       If the person applying to register a vehicle ordinarily resides in a remote community, the registrar may issue a registration card that restricts the use of the vehicle to highways in and adjoining the remote community.

Prohibition re vehicles restricted to remote communities

52(3)       No person shall drive or tow a vehicle registered under subsection (2), and no owner of such a vehicle shall permit another person to drive or tow it, except in accordance with restrictions of the vehicle's registration card.

Antique Motor Vehicles

Definition of "antique motor vehicle"

53(1)       In this section, "antique motor vehicle" means a motor vehicle that is at least 30 years old.

Restrictions on use of antique motor vehicles

53(2)       If an antique motor vehicle is registered in a registration class for antique motor vehicles, no person shall drive the motor vehicle on a highway, and its owner shall not allow another person to drive it on a highway, other than

(a) to, from or in

(i) a parade or procession, or

(ii) a rally in accordance with any conditions imposed in writing by the registrar; or

(b) to or from a place to be serviced or repaired.

TRANSFER OF REGISTRATION

Registration expires on transfer of ownership

54(1)       Subject to section 55, when a registered owner's interest in a vehicle passes to another person, whether by the registered owner's act or by operation of law,

(a) the vehicle's registration expires immediately; and

(b) except as provided in the regulations, the person who was the registered owner must return the number plates to the registrar.

The registrar may retain the number plates or may allow the person to keep them.

Return of plates by new owner

54(2)       When the interest of a registered owner of a vehicle passes to another person, whether by the registered owner's act or by operation of law, the other person must without delay return to the registrar any number plates issued to the person who was registered owner that come into the other person's possession.  This subsection does not apply in respect of a number plate that is transferred to the other person under any of subsections 55(1) to (5).

Exceptions

Replacement of vehicle

55(1)       When a person who is the registered owner of a vehicle disposes of it, the person may, within a period ending on the earlier of

(a) seven days after his or her interest in the vehicle passes; and

(b) the expiry of its registration;

apply to the registrar to use the number plates issued for the vehicle on another vehicle of the same registration class that the person registers in his or her name for the first time.  Despite section 34, the person may display the number plates on the other vehicle and may drive or tow it, or permit another person to drive or tow it, on a highway within the period, if the driver carries in the motor vehicle bills of sale or other evidence of the acquisition of the other vehicle and the disposal of the original vehicle signed by the transferor.

Transfer of registration on death of registered owner

55(2)       When the interest of a registered owner of a vehicle passes by reason of his or her death, the registration does not expire until the expiry of the registration period.  The registered owner's spouse, common-law partner or personal representative may apply for and obtain a transfer of the vehicle's registration and number plates if

(a) the spouse, common-law partner or personal representative applies before the registration expires and satisfies the requirements of the registrar, this Act and the regulations; and

(b) in case of a spouse's or common-law partner's application, the ownership of the vehicle passes to him or her.

Vehicle transferred to another owner

55(3)       When, under an agreement, the interest of the registered owner of a vehicle passes to another person who is an owner of the vehicle because he or she has the right to pass the property in the vehicle other than by way of security only, the other person may apply for and obtain a transfer of the vehicle's registration and number plates if

(a) the registered owner has exclusive use of the vehicle under a lease or other agreement in writing for a period of more than 30 days;

(b) the other person applies before the earlier of

(i) the passing of the property in the vehicle, and

(ii) the expiry of its registration; and

(c) the other person satisfies the requirements of the registrar, this Act and the regulations.

Transfer of fleets of vehicles

55(4)       When the registered owner of a fleet of 10 or more vehicles, or a lesser number authorized by the registrar, agrees to transfer his or her interest in them to another person, the other person may apply for and obtain a transfer of the vehicles' registrations and number plates if the other person

(a) applies before the earlier of

(i) the day the property in the vehicles passes, or

(ii) the day the vehicles' registrations expire; and

(b) satisfies the requirements of the registrar, this Act and the regulations.

Transfer of public service vehicles

55(5)       When a motor carrier who is the registered owner of a public service vehicle agrees to transfer it to another person, the other person may apply for and obtain a transfer of the vehicle's registration and number plates if

(a) the vehicle is being transferred as part of a sale, transfer or assignment by the motor carrier of his or her business rights and assets, and the transport board has approved the transfer of the motor carrier's certificate under Part VIII of The Highway Traffic Act;

(b) the other person applies before the earlier of

(i) the day the property in the vehicle passes, or

(ii) the day the vehicle's registration expires; and

(c) the other person satisfies the requirements of the registrar, this Act and the regulations.

Temporary Transfer of Registration

Temporary transfers of registration and plates

56(1)       This section applies in respect of a public service vehicle or taxicab which its registered owner needs to take out of service for repairs.

When registration and plates may be transferred

56(2)       The registered owner of a public service vehicle or taxicab described in subsection (1) may transfer the vehicle's registration to another vehicle of the same registration class for a period of not more than 15 days if

(a) the registered owner holds a permit issued under subsection (3) that contains the information required by subsection (5); and

(b) the permit is affixed

(i) to the windshield of the other vehicle if it is not a trailer, and

(ii) to the windshield of the vehicle towing the trailer if the permit is issued for a trailer.

Despite section 34, the other vehicle may display the number plates of the vehicle that needs repairs, and the registered owner may drive or tow the other vehicle, or permit another person to drive or tow it, on a highway during that period.

Issue of permit

56(3)       The transport board, on application by the registered owner of a public service vehicle, or The Taxicab Board, on application by the registered owner of a taxicab, may issue a permit or authorize a permit to be issued that authorizes a transfer of registration for the purposes of this section.

Registered owner must pay transfer charge or fee

56(4)       To obtain the permit the registered owner must pay the charge or fee prescribed in the regulations under The Highway Traffic Act or The Taxicab Act and any insurance premium prescribed in the regulations under The Manitoba Public Insurance Corporation Act.

Permit must be completed before use

56(5)       A permit under subsection (3) is not valid and the registered owner of the vehicles shall not use it until he or she puts the following information on it:

(a) the particulars of the vehicles between which the registration and number plates are transferred;

(b) the date of the transfer of the registration and number plates; and

(c) the registered owner's name and address.

PRODUCTION OF REGISTRATION CARD

Production of registration card to registrar or justice

57          On demand by the registrar or a justice, the registered owner of a vehicle must without delay produce the vehicle's registration card or cab card.

CHANGE OF NAME AND ADDRESS

Change of name or address

58          A person who holds a valid registration card and changes his or her name or address must, within 15 days of the change, notify the registrar of his or her new name or address.  On request from the registrar, the person must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

NUMBER PLATES

Issuing Number Plates and Stickers

Issuing number plates

59(1)       When the registrar issues a registration card for a vehicle,

(a) the registrar may issue to the registered owner the quantity and type of number plates prescribed by regulation for use on a vehicle of the vehicle's registration class; or

(b) if the registered owner already has the quantity and type of number plates prescribed by regulation for use on a vehicle of the vehicle's registration class, the registrar may authorize the registered owner to use those number plates on the vehicle.

Issuing validation and registration class stickers

59(2)       The registrar may issue to the applicant for a registration card any validation sticker and registration class sticker required by the regulations to be displayed on a number plate authorized for use on a vehicle under subsection (1).

Design and Ownership of Number Plates

Design of number plates

60(1)       A number plate may consist of numbers, letters or words and must be of a design, colour and material determined by the registrar.

Ownership of number plates

60(2)       A number plate is the property of the Crown.

Number plates on expiry of registration

60(3)       When the registration card for a vehicle expires and is not renewed, the person who was the registered owner may keep the number plates issued with the registration card but must return them to the registrar if the registrar requests their return.

Displaying Number Plates

Visibility of number plates

61(1)       No person shall drive or tow a vehicle on a highway unless the number plates required to be displayed on it are secured in a manner and maintained in a condition so that all of the following information about the vehicle is clearly visible and readable and unobscured by any part of the vehicle, its attachments or its load:

(a) the jurisdiction or authority that issued the number plates;

(b) the vehicle's registration number and class;

(c) the period of validity or date of expiry of the registration.

Effect of towing trailer or other vehicle

61(2)       A person does not contravene subsection (1) by reason only that the vehicle the person is driving is towing a trailer or other vehicle.

Devices resembling plates and plates of other jurisdictions

62(1)       No person shall drive or tow on a highway a vehicle registered under this Act that displays

(a) a number plate of a jurisdiction outside Manitoba unless the vehicle is a public service vehicle or commercial truck operated in Manitoba and that jurisdiction requires the vehicle to display the plate; or

(b) anything that appears to be, but is not, a number plate authorized for use under this Act, whether or not it is displayed in conjunction with a number plate authorized for use under this Act.

Exception

62(2)       Subsection (1) does not apply to a motor vehicle registered as an antique motor vehicle.

Seizing Improperly Obtained or Displayed Number Plates

Seizing number plates

63(1)       A peace officer may take possession of

(a) a number plate that the officer believes

(i) is not authorized for use on the vehicle displaying it,

(ii) was obtained by false pretences,

(iii) was issued in connection with a registration that has been suspended or cancelled,

(iv) is required to be returned to the registrar under section 54 or subsection 60(3) or 94(1), or

(v) is displayed in contravention of clause 62(1)(a); or

(b) anything that the officer believes a vehicle displays in contravention of clause 62(1)(b).

Peace officer may detain the seized item

63(2)       The peace officer who takes possession of a number plate or other thing under subsection (1) may detain it until

(a) the final disposition of any prosecution commenced in respect of the number plate or other thing; or

(b) the facts concerning the number plate's issuance have been otherwise determined.

Storage of vehicles

63(3)       A peace officer who takes possession of a number plate or other thing under subsection (1) may also detain the vehicle on which it was displayed and store the vehicle in a suitable place.  All costs and charges for the care, towing and storage of the vehicle are a lien on it and may be enforced in the manner provided in The Garage Keepers Act.

Dealers' Number Plates

Dealers' number plates

64(1)       The registrar may issue a dealer's number plate only to a person who holds a valid dealer's permit under section 96.

Use of dealers' number plates generally

64(2)       No person shall attach a dealer's number plate to a vehicle other than a vehicle that is

(a) kept for sale by a dealer;

(b) used in the promotion of sales by a dealer, including use of the vehicle by the dealer in his or her personal capacity or by an employee or agent of the dealer or by any person with the consent of the dealer or the dealer's employee; or

(c) in the dealer's custody and control to test or service it, or to move it from one place to another in connection with servicing or testing it.

Use on salvageable motor vehicles

64(3)       No person shall attach a dealer's number plate to a motor vehicle that has the status of a salvageable motor vehicle unless the motor vehicle

(a) has been repaired; and

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

Use on commercial vehicles

64(4)       No person shall attach a dealer's number 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 48(2).

Use of improperly plated vehicle prohibited

64(5)       No person shall drive or tow a vehicle on a highway if a dealer's number plate is attached to the vehicle contrary to this section.

Repairers' Number Plates

Repairers' number plates

65(1)       The registrar may issue a repairer's number plate only to a repairer.

Use of repairers' number plates generally

65(2)       No person shall attach a repairer's number plate to a vehicle unless the vehicle is in the custody and control of a repairer to test or service it, or to move it from one place to another in connection with servicing or testing it.

Use on salvageable motor vehicles

65(3)       No person shall attach a repairer's number plate to a motor vehicle that has the status of a salvageable motor vehicle unless the motor vehicle

(a) has been repaired; and

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

Use of repairers' number plates on commercial vehicles

65(4)       No person shall attach a repairer's number 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 48(2).

Use of improperly plated vehicle prohibited

65(5)       No person shall drive or tow a vehicle on a highway if a repairer's number plate is attached to the vehicle contrary to this section.

Collector Number Plates

Collector number plates

66(1)       The registrar may issue a collector number plate only to a person prescribed by regulation.

Use of collector number plates generally

66(2)       No person shall attach a collector number plate to a motor vehicle except when permitted to do so by the regulations.

Use on salvageable motor vehicles

66(3)       No person shall attach a collector number plate to a motor vehicle that has the status of a salvageable motor vehicle unless the motor vehicle

(a) has been repaired; and

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

Commercial use of collector number plates

66(4)       No person shall attach a collector number plate to a motor vehicle for the purpose of using it to transport persons or property for compensation unless the motor vehicle is operated in compliance with subsection 48(2).

Use of improperly plated vehicle prohibited

66(5)       No person shall drive a motor vehicle on a highway if a collector number plate is attached to the motor vehicle contrary to this section.

WRITTEN-OFF MOTOR VEHICLES

Notice of written-off motor vehicle

67(1)       An insurer or other person designated in the regulations who writes off a motor vehicle must, within six days after writing it off,

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

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

Returning registration card or permit

67(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 must return the registration card or registration permit to the registrar within six days after the motor vehicle is written off; or

(b) a salvageable motor vehicle must return the registration card or registration permit to the registrar within 30 days after the motor vehicle is written off.

Driving an irreparable motor vehicle prohibited

67(3)       No person shall drive a motor vehicle that has the status of an irreparable motor vehicle on a highway.

Driving a salvageable motor vehicle

67(4)       No person shall drive 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 driven in a road test in accordance with the regulations.

REGULATIONS

Regulations

68(1)       The Lieutenant Governor in Council may make regulations

(a) respecting the registration of vehicles;

(b) prescribing the registration classes in which vehicles must be registered and prescribing the vehicles or categories of vehicles that may be registered in the various registration classes;

(c) 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 classes of persons, or vehicles or classes of vehicles, from any requirement of the regulations;

(d) respecting number plates, including, but not limited to, prescribing the quantity and type of number plates to be used on vehicles of a specified registration class and governing their display on a vehicle of that registration class;

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

(f) respecting temporary registration permits for vehicles or any class of vehicles and how such permits or any class of such permits must be displayed on, or carried on or in, vehicles or any class of vehicles;

(g) prescribing types or classes of vehicles for the purpose of clause 37(2)(c);

(h) respecting student identification stickers and how they must be displayed on, or carried in or on, vehicles or any class of vehicles;

(i) respecting the period for which registration cards or permits, or any class of registration cards or permits, for vehicles or any class of vehicles are valid;

(j) respecting the issuance of duplicate or replacement registration cards, number plates, validation stickers or registration class stickers;

(k) defining a person resident in Manitoba or establishing rules for determining who is a person resident in Manitoba for the purpose of subclause 40(1)(b)(i);

(l) respecting the display or carrying of permits for the purpose of clause 48(2)(b);

(m) providing, for the purpose of subsection 54(1), for those classes or types of number plates that are not required to be returned to the registrar;

(n) prescribing classes of persons for the purposes of subsection 66(1) and providing for when a collector plate issued to a person in a specified class may be attached to a vehicle for the purposes of that subsection;

(o) exempting any person or class of persons or any class of vehicle from any requirement of this Part or from any regulation made under this Act that relates to vehicle registration, and prescribing conditions for such exemptions;

(o.1) respecting any transitional or other problem resulting from changing from single-year to multi-year validity periods for certain types of vehicle registrations;

(p) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

68(2)       A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2008, c. 36, s. 12.

PART 5

REGISTRATION OF OFF-ROAD VEHICLES

Definition of "off-road vehicle dealer"

69          In this Part, "off-road vehicle dealer" means a person

(a) who is engaged in the business of manufacturing, buying, selling, repairing, servicing, exchanging, leasing or exhibiting new or used off-road vehicles; or

(b) who or acts as a broker of or commission agent of new or used off-road vehicles.

REQUIREMENT TO REGISTER

Registration required

70(1)       A person may not drive an off-road vehicle in any location, and the person who owns an off-road vehicle may not allow another person to drive it in any location, unless

(a) a registration card for the vehicle has been issued under this Act and is valid;

(b) the vehicle displays, in accordance with the regulations, the quantity and type of number plates that the regulations prescribe for use on an off-road vehicle of its registration class; and

(c) the number plates display the vehicle's registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Off-road vehicle dealers' vehicles

70(2)       A registration card issued to an off-road vehicle dealer in relation to dealers' number plates is deemed to have been issued for an off-road vehicle when

(a) the vehicle displays, in accordance with the regulations, the quantity and type of dealers' number plates that the regulations prescribe for use on vehicles of its registration class; and

(b) the dealers' number plates on the vehicle display its registration card number and, in accordance with the regulations, stickers showing that the registration is valid.

Exception for certain off-road vehicles

71          Section 70 does not apply to an off-road vehicle that

(a) is being driven on land that is owned or leased by the off-road vehicle's owner;

(b) is registered outside Manitoba in a province, territory, state or country where its owner resides if the owner does not reside or carry on business in Manitoba for more than three consecutive months in any year;

(c) is owned by a person who resides outside Manitoba in a province, territory, state or country and is not required to be registered under its laws;

(d) is a motor vehicle that is registered under Part 4 of this Act;

(e) is owned by and being driven on behalf of the Department of National Defence of Canada and displays a number plate or other form of identification issued by that department;

(f) is an off-road maintenance machine; or

(g) is exempted by the regulations from the requirement to be registered.

HOW TO REGISTER AN OFF-ROAD VEHICLE

Application for registration

72(1)       An application to register an off-road vehicle must be made to the registrar in the form and giving the particulars that the registrar requires.

Amounts payable to register an off-road vehicle

72(2)       A person applying to register an off-road vehicle must pay

(a) the charge specified in the regulations under The Highway Traffic Act; and

(b) if subsection 77(1) applies in respect of the vehicle, the premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations under that Act for the insurance required by that subsection.

Issuing registration card

73(1)       If the person applying to register an off-road vehicle satisfies the registration requirements of the registrar, this Act and the regulations, the registrar may issue a registration card for the vehicle in the applicable registration class prescribed for it in the regulations.

Documentation for registration

73(2)       Before issuing, transferring or cancelling a registration card, issuing or authorizing the use of number plates or performing any other function in respect of an off-road vehicle's registration for which an application or request is made, the registrar may require the production of any documentation that he or she considers necessary.

Examples of documentation

73(3)       Without limiting the generality of subsections (1) and (2), the registrar may require

(a) proof of ownership of an off-road vehicle;

(b) proof that the applicant is the person named in the application;

(c) proof of the birth date of an applicant who is an individual; and

(d) an undertaking from the applicant that the vehicle will not, during the registration period, be driven on a highway in a manner that requires it to be registered under The Highway Traffic Act if the vehicle is a four-wheel drive motor vehicle, a motorcycle, or a snow vehicle that is registrable under that Act.

Persons eligible to register

74(1)       The registrar must not register an off-road vehicle except in the name of an owner

(a) who, alone or jointly with one or more others,

(i) has exclusive use of the vehicle together with the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(b) who is

(i) a person resident in Manitoba, or

(ii) a person whose head office or principal place of business is outside Manitoba but who has a business operation in Manitoba in connection with which the vehicle is primarily used.

Age requirement for individuals

74(2)       The registrar must not register an off-road vehicle in the name of an individual who is less than 16 years of age, and must not register an off-road vehicle in the name of an individual who is 16 or 17 years of age unless the application for registration is approved and signed

(a) by both of the applicant's parents;

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(c) if one of the applicant's parents is dead, by the surviving parent;

(d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.

Application of subsections 40(3) to (6), 41(1) and 41(2)

75          Subsections 40(3) to (6) and 41(1) and (2) apply, with necessary changes, to the registration of off-road vehicles.

Falsely Obtained Registrations

Registration falsely obtained

76          The registration of an off-road vehicle by a person other than an owner permitted to register it under this Part is null and void.

INSURANCE REQUIREMENTS

General insurance requirements

77(1)       The registrar must not register an off-road vehicle unless the insurance premium prescribed in the regulations under The Manitoba Public Insurance Corporation Act has been paid for insurance against liability arising from bodily injury to or the death of one or more persons, or loss of or damage to property, occasioned by the use of the vehicle at least to the limits required of an off-road vehicle owner under those regulations.

Insurance requirements for off-road maintenance machines

77(2)       No person shall drive an off-road maintenance machine on land not owned or occupied by the machine's owner unless

(a) the machine is insured under an insurance policy, in accordance with The Insurance Act and the regulations under that Act, issued to the owner insuring against liability arising from bodily injury to or the death of one or more persons, or loss of or damage to property, occasioned by the use of the machine at least to the limits required of an off-road vehicle owner by subsection (1); and

(b) the person is authorized to drive the machine on that land under the insurance policy.

Insurance on off-road vehicle dealers' vehicles

77(3)       Unless an off-road vehicle dealer is insured by an insurance policy, in accordance with The Insurance Act and the regulations under that Act, issued to the off-road vehicle dealer insuring against liability arising from bodily injury to, or the death of, one or more persons or loss of, or damage to, property occasioned by the operation of off-road vehicles at least to the limits required of an off-road vehicle owner by subsection (1), the off-road vehicle dealer must not

(a) attach a dealer's number plate or permit a dealer's number plate to be attached to an off-road vehicle owned by or in the custody or control of the off-road vehicle dealer; or

(b) drive an off-road vehicle, or permit an off-road vehicle to be driven, with a dealer's number plate issued to the dealer attached to it.

Cancellation or change of insurance policy

77(4)       A cancellation of or a material change in an insurance policy described in subsection (3), other than an insurance policy of The Manitoba Public Insurance Corporation, is not effective unless the registrar is given 10 days' notice in writing stating

(a) the name of the insured; and

(b) the fact of cancellation or the particulars of the change in the policy, as the case may be.

Interpretation of "material change"

77(5)       In subsection (4), a change in an insurance policy is a material change if the registrar would have refused to register the vehicle under subsection (3) had the policy with the change made been provided in connection with an application to register an off-road vehicle.

Registration cancelled when insurance cancelled

77(6)       If the policy of insurance described in subsection (3) is provided by an insurer other than The Manitoba Public Insurance Corporation, the registration card for every off-road vehicle insured by the policy is cancelled when the policy is cancelled.

S.M. 2013, c. 54, s. 25.

Combined Registration Card and Insurance Certificate

Combined registration card and insurance certificate

78          The registrar may issue a combined registration card and insurance certificate for an off-road vehicle insured by The Manitoba Public Insurance Corporation.

VEHICLE IDENTIFICATION NUMBERS

Missing vehicle identification numbers

79(1)       Except as provided in this section, the registrar must not register an off-road vehicle if the manufacturer's vehicle identification number has been lost, removed, destroyed or altered, or is illegible.

Exceptions

79(2)       An off-road vehicle may be registered if the registrar is satisfied it displays a legible vehicle identification number authorized for it

(a) under subsection (3); or

(b) under the laws of a jurisdiction outside Manitoba.

Assignment of vehicle identification number

79(3)       The registrar may

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

(b) with or without conditions, authorize a peace officer to attach the vehicle identification number permanently to the vehicle in the manner and location specified by the registrar.

TRANSFER OF REGISTRATION

Effect of transfer of ownership

80(1)       Subject to subsections (2) to (4), when a registered owner's interest in an off-road vehicle passes to another person, whether by the registered owner's act or by operation of law, the vehicle's registration expires immediately and, except as provided in the regulations, the registered owner must return the number plates to the registrar.  The registrar may retain the number plates or may allow the person who was the registered owner to keep them.

Exception when off-road vehicle replaced

80(2)       When a person who is the registered owner of an off-road vehicle disposes of it, the person may, within a period ending on the earlier of

(a) seven days after the passing of the person's interest in the vehicle; and

(b) the expiry of its registration;

apply to the registrar to use the number plates issued for the vehicle on another off-road vehicle of the same type that the person registers in his or her name for the first time.  Despite section 70, the person may display the number plates on the other vehicle and may drive it, or permit another person to drive it, within the period, if the driver carries bills of sale or other evidence of the acquisition of the other vehicle and the disposal of the original vehicle signed by the transferor.

Transfer of registration on death of registered owner

80(3)       When the interest of a registered owner of an off-road vehicle passes by reason of his or her death, the registration does not expire until the expiry of the registration period.  The registered owner's spouse, common-law partner or personal representative may apply for and obtain a transfer of the vehicle's registration and number plates if

(a) the spouse, common-law partner or personal representative applies before the registration expires and satisfies the requirements of the registrar, this Act and the regulations; and

(b) in case of a spouse's or common-law partner's application, the ownership of the vehicle passes to him or her.

Exception if vehicle disposed of by one owner to another

80(4)       When under an agreement the interest of the registered owner of an off-road vehicle passes to another person who is an owner of the vehicle because he or she has the right to pass the property in the vehicle other than by way of security only, the other person may apply for and obtain a transfer of the vehicle's registration and number plates if

(a) the registered owner has exclusive use of the vehicle under a lease or other agreement in writing for a period of more than 30 days;

(b) the other person applies before the earlier of

(i) the passing of the property in the vehicle, and

(ii) the expiry of its registration; and

(c) the other person satisfies the requirements of the registrar, this Act and the regulations.

Production of registration card and evidence of insurance

81          On demand by the registrar or a justice, the registered owner of an off-road vehicle must without delay produce

(a) the vehicle's registration card for inspection if it is required to be registered under this Act; and

(b) evidence that the off-road vehicle is insured as required under this Act.

CHANGE OF NAME AND ADDRESS

Change of name or address

82          A person who holds a valid registration card and changes his or her name or address must, within 15 days of the change, notify the registrar of his or her new name or address.  On request from the registrar, the person must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

NUMBER PLATES

Issuing number plates

83(1)       When the registrar issues a registration card for an off-road vehicle,

(a) the registrar may issue to the registered owner the quantity and type of number plates prescribed by regulation for use on an off-road vehicle of its registration class; or

(b) if the registered owner already has the quantity and type of number plates prescribed by regulation for use on an off-road vehicle of its registration class, the registrar may authorize the registered owner to use those number plates.

Issuing validation stickers

83(2)       The registrar may issue to the applicant for a registration card a validation sticker required by the regulations to be displayed on a number plate.

Design of number plates

84(1)       A number plate may consist of numbers, letters or words and must be of a design, colour and material determined by the registrar.

Crown owner of plate

84(2)       A number plate is the property of the Crown.

Visibility of number plates

85(1)       No person shall drive an off-road vehicle unless the number plates required to be displayed on it are secured in a manner and maintained in a condition so that all of the following information about the vehicle is clearly visible and readable and unobscured by any part of the vehicle, its attachments or its load:

(a) the jurisdiction or authority that issued the number plates;

(b) the vehicle's registration number and, if applicable, its registration class;

(c) the period of validity or date of expiry of the registration.

Effect of towing trailer or other vehicle

85(2)       A person does not contravene subsection (1) by reason only that the off-road vehicle the person is driving is towing a trailer or other vehicle or a sleigh, cutter or toboggan.

Number plates on expiry of registration

86          When the registration card for an off-road vehicle expires and is not renewed, the person who was the registered owner may keep the number plates issued with the registration card but must return them to the registrar if the registrar requests their return.

Off-road vehicle dealers' number plates

87(1)       The registrar may issue an off-road vehicle dealer's number plate only to an off-road vehicle dealer that is insured as required by subsection 77(3).

Use of dealers' number plates generally

87(2)       No person shall attach an off-road vehicle dealer's number plate to an off-road vehicle unless the vehicle is owned by the off-road vehicle dealer or in the dealer's custody or control for a purpose set out in the definition "off-road vehicle dealer" in section 69.

Seizing number plates

88(1)       A peace officer may take possession of a number plate that the officer believes

(a) is not authorized for use on the off-road vehicle displaying it;

(b) was obtained by false pretences;

(c) was issued in connection with a registration that has been suspended or cancelled; or

(d) is required to be returned to the registrar under subsection 80(1) or 94(1).

Peace officer may detain the seized item

88(2)       The peace officer who takes possession of a number plate under subsection (1) may detain it until

(a) the final disposition of any prosecution commenced in respect of the number plate; or

(b) the facts concerning the number plate's issuance have been otherwise determined.

REGULATIONS

Regulations

89(1)       The Lieutenant Governor in Council may make regulations

(a) respecting the registration of off-road vehicles;

(b) prescribing the registration classes in which off-road vehicles must be registered and prescribing the off-road vehicles or categories of off-road vehicles that may be registered in the various registration classes;

(c) respecting transfer of ownership documents for off-road vehicles, including

(i) specifying whose interest as owner is required to be identified and by whom, and requiring that the off-road vehicle's odometer reading 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 classes of persons, or off-road vehicles or classes of off-road vehicles, from any requirement of the regulations;

(d) respecting number plates, including, but not limited to, prescribing the quantity and type of number plates to be used on off-road vehicles of a specified registration class and governing their display on an off-road vehicle of that registration class;

(e) respecting the issuance and form of validation stickers and registration class stickers, and their display on the number plates of off-road vehicles or classes of off-road vehicles;

(f) respecting the period for which registration cards or any class of registration cards for off-road vehicles or any class of off-road vehicles are valid;

(g) respecting the issuance of duplicate or replacement registration cards, number plates, validation stickers or registration class stickers;

(h) defining a person resident in Manitoba or establishing rules for determining who is a person resident in Manitoba for the purposes of this Part;

(i) exempting any person or class of persons or any class of off-road vehicle from any requirement of this Part or from any regulation made under this Act that relates to off-road vehicle registration, and prescribing conditions for such exemptions;

(i.1) respecting any transitional or other problem resulting from changing from single-year to multi-year validity periods for certain types of off-road vehicle registrations;

(j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

89(2)       A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2008, c. 36, s. 13.

PART 6

SUSPENSION AND CANCELLATION OF DRIVERS' LICENCES AND VEHICLE REGISTRATIONS

SUSPENSION OR CANCELLATION BY REGISTRAR FOR CONTRAVENTIONS

Registrar's power to cancel or suspend

90(1)       For a contravention of a provision of this Act or the regulations or for any reasonable cause that the registrar considers sufficient, the registrar may, in accordance with this section and for any period the registrar considers appropriate, do one or more of the following:

(a) suspend or cancel a person's driver's licence, or disqualify a person from holding a driver's licence or from driving a motor vehicle in Manitoba;

(b) disqualify a person from driving an off-road vehicle in Manitoba;

(c) suspend or cancel a person's registration of a motor vehicle or trailer and refuse to register a motor vehicle or trailer in the person's name;

(d) suspend or cancel a person's registration of an off-road vehicle and refuse to register an off-road vehicle in the person's name.

Notice must be given

90(2)       Before exercising his or her authority under subsection (1), the registrar must give the person a notice in writing stating that

(a) the registrar, without further notice to the person, intends to exercise his or her powers under subsection (1) with respect to the person's licence or vehicle registration, or both, for reasons specified in the notice, unless the person shows cause why the registrar should not exercise those powers;

(b) the person has the right to make a written submission in response to the notice within such time as the registrar considers to be reasonable and specifies in the notice; and

(c) the person has the right to be heard in response to the notice at a location determined by the registrar if the person contacts the registrar, within such time as the registrar considers to be reasonable and specifies in the notice, to arrange a date and time for a hearing and appears at the hearing to make representations.

Method of giving notice

90(3)       A notice under subsection (2) must be given to the person

(a) by personal service; or

(b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the registrar, using a mail or delivery service that provides the registrar with an acknowledgment of receipt.

Evidence of receipt by mail

90(4)       Evidence that a notice was mailed or delivered in accordance with clause (3)(b) and that the registrar received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

Reciprocal suspension and cancellation of licences and registrations

91(1)       The registrar must suspend or cancel a person's driver's licence or the registration of a person's motor vehicle, or must disqualify a person from driving a motor vehicle, holding a driver's licence or registering a motor vehicle in Manitoba, if

(a) under a provision of the laws of a province or territory of Canada or a state of the United States

(i) the person's driver's licence or the registration of the person's motor vehicle is suspended, cancelled or revoked, or

(ii) the person is disqualified or prohibited from driving a motor vehicle, holding a driver's licence or registering a motor vehicle; and

(b) the registrar considers the provision to be analogous to a provision of this Act or the regulations.

Length of suspension or disqualification

91(2)       The registrar's suspension, cancellation or disqualification must be for the same period as the suspension, cancellation, revocation, disqualification or prohibition under the laws of the other jurisdiction.

Notice to other jurisdictions of suspensions in Manitoba

91(3)       If the registrar receives written notice that a person who resides in another province or a territory of Canada or in a state of the United States

(a) is the subject of a suspension or cancellation of driving privileges in Manitoba; or

(b) is the subject of a suspension or cancellation of the privilege to use or have in Manitoba a motor vehicle registered outside the province in the person's name;

the registrar must promptly send to the proper officer in charge of licensing drivers and registering motor vehicles in the person's province, territory or state of residence a notice of the suspension or cancellation containing a brief statement of the reasons for it.

Appeals

91.1        If the registrar takes an action in respect of a person under subsection 90(1) or 91(1), the person may appeal the action to the appeal board as provided in section 279 of The Highway Traffic Act.

S.M. 2008, c. 36, s. 14.

SUSPENSION OR CANCELLATION BY REGISTRAR FOR UNPAID CHARGES

Dishonoured cheques

92(1)       The registrar may take one or more of the actions set out in subsection (3) in respect of a person who obtains a driver's licence, registers a vehicle, obtains another service under this Act or the regulations, or who is required to pay a premium, as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act, or another amount prescribed in the regulations under that Act, if a cheque that is subsequently dishonoured is given in payment of

(a) the charge for the driver's licence, registration or other service; or

(b) the premium or other amount.

Debts to government or Manitoba Public Insurance

92(2)       The registrar may take one or more of the actions set out in subsection (3) if a person is indebted to the government or The Manitoba Public Insurance Corporation, other than as described in subsection (1), for

(a) a charge specified in the regulations under The Highway Traffic Act or The Off-Road Vehicles Act;

(b) a premium, as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act, or another amount prescribed in the regulations under that Act; or

(c) payment of benefits or insurance money, or the assumption of liability for payment of benefits or insurance money, by The Manitoba Public Insurance Corporation.

Actions by registrar for debts

92(3)       In a circumstance described in subsection (1) or (2), the registrar may do one or more of the following:

(a) suspend the person's driver's licence or the registration of any vehicle registered in the person's name;

(b) suspend the person's right to hold a driver's licence or to register a vehicle;

(c) refuse to issue a driver's licence to the person or to register any vehicle in the person's name.

Length of suspension — subsection (1)

92(4)       The suspension of a person's driver's licence, vehicle registration or right to hold a driver's licence or to register a vehicle under subsection (1) continues until payment of any administration charge imposed by the registrar or The Manitoba Public Insurance Corporation plus the lesser of

(a) the amount of the dishonoured cheque; or

(b) the portion of the charge, fee, premium or other amount under subsection (1) that was earned before the licence, registration or right was suspended.

Length of suspension — subsection (2)

92(5)       The suspension of a person's driver's licence, vehicle registration or right to hold a driver's licence or to register a vehicle under subsection (2) continues until payment of any administration charge imposed by the registrar or The Manitoba Public Insurance Corporation plus the lesser of

(a) the amount of the debts described in clauses (2)(a) to (c); or

(b) the portion of debts that became due or was earned before the licence, registration or right was suspended.

Payment of indebtedness

92(6)       When a person in respect of whom the registrar has taken action under subsection (1) or (2) applies for a driver's licence or to register a vehicle

(a) the registrar may deny the application unless the person pays the amounts subsections (4) and (5) require to terminate the person's suspension; and

(b) if the payment made with the application is not sufficient to pay all of the amounts described in clause (a), the registrar must apply the payment, firstly, toward any indebtedness to the government in the order in which the indebtedness was incurred and, secondly, toward payment of any indebtedness to The Manitoba Public Insurance Corporation in the order in which the indebtedness was incurred.

S.M. 2008, c. 36, s. 15.

ADDITIONAL GROUNDS FOR SUSPENDING OR CANCELLING ENHANCED DRIVERS' LICENCES

Additional grounds — enhanced drivers' licences

92.1(1)     The registrar may, without notice and for any period the registrar considers appropriate, suspend or cancel a person's enhanced driver's licence if the registrar has reason to believe that the person does not meet the eligibility criteria for the licence.  This is in addition to the registrar's authority to suspend or cancel an enhanced driver's licence under section 90, 91 or 92.

No appeal against suspension or cancellation

92.1(2)     The registrar's decision to suspend or cancel an enhanced driver's licence under subsection (1) is final and not subject to appeal.

Issuing non-enhanced replacement driver's licence

92.1(3)     If the grounds for which the registrar suspends or cancels the enhanced driver's licence do not also constitute grounds to cancel or suspend the person's non-enhanced driver's licence, the registrar must reissue the person a non-enhanced driver's licence.

S.M. 2008, c. 36, s. 16.

NOTICE REQUIREMENT AND RETURN OF REGISTRATION MATERIALS

Notice of suspension or cancellation

93(1)       When a driver's licence or the registration of a motor vehicle is suspended or cancelled under this Act, the registrar must give a suspension or cancellation notice in writing to the person in whose name the driver's licence was issued or the registration was made.  The registrar must give the notice

(a) without delay after imposing the suspension or cancellation if he or she imposed it; or

(b) as soon as he or she is aware of the suspension or cancellation if another person or body imposed it.

Manner and effect of giving notice of suspension

93(2)       The notice referred to in subsection (1) must be given in the manner set out in subsection 90(3).  Subsection 90(4) applies, with necessary changes, to a notice that is given in accordance with clause 90(3)(b).

Return of registration card on suspension

94(1)       If a person's driver's licence or the registration of a person's vehicle is suspended or cancelled in accordance with this Act, the person must without delay deliver the driver's licence certificate or the vehicle's registration card, registration permit or cab card and number plates

(a) to the judge or justice who suspended or cancelled the driver's licence or registration, or who convicted the person of an offence for which this Act requires the suspension or cancellation; or

(b) to the registrar if the registrar requests it.

Recovery of licence by peace officer

94(2)       If a person fails to comply with subsection (1), the registrar may cause a peace officer or a person authorized by the registrar to recover possession of anything subsection (1) requires the person to deliver.

PART 7

DRIVER TRAINING SCHOOLS, DRIVING INSTRUCTORS, DEALERS, SALESPERSONS AND RECYCLERS

DRIVER TRAINING SCHOOL AND DRIVING INSTRUCTORS' PERMITS REQUIRED

Driver training school permit required

95(1)       No person shall operate or carry on a school to instruct persons to properly drive motor vehicles of a particular class unless the person holds a valid driver training school permit for the school issued by the registrar under this Part.

School must not use instructor who has no permit

95(2)       No person who holds a driver training school permit shall allow a person employed by him or her to instruct another person in driving motor vehicles of a particular class unless the instructing person holds a valid driving instructor's permit for the class issued under this Part.

Driving instructor permit required

95(3)       No person shall

(a) for hire or remuneration, or for the hope or expectation of remuneration; or

(b) as the employee of a driver training school for which a permit has been issued or the employee of the driver training school permit holder;

instruct another person in driving a motor vehicle of a particular class, or hold himself or herself out as a driving instructor for the class, unless he or she holds a valid driving instructor's permit for the class issued under this Part.

DEALERS', SALESPERSONS' AND RECYCLERS' PERMITS REQUIRED

Dealer's permit required

96(1)       No person shall carry on business as a dealer unless the person holds a valid dealer's permit issued by the registrar under this Part.

Salesperson's permit required

96(2)       No person shall act as a salesperson of a dealer unless the person holds a valid salesperson's permit issued by the registrar under this Part authorizing the salesperson to sell vehicles for the dealer.

Dealer to require salesperson's permit

96(3)       No dealer shall allow a person to act as a salesperson unless the person holds a valid salesperson's permit issued by the registrar under this Part authorizing the salesperson to sell vehicles for the dealer.

Salesperson must be an individual

96(4)       No person other than an individual may hold a permit as a salesperson.

Recycler's permit required

97          No person shall carry on business as a recycler unless the person holds a valid recycler's permit issued by the registrar under this Part.

ISSUING PERMITS, AND SUSPENDING AND CANCELLING PERMITS

Application for permit

98(1)       An application for a permit or renewal of a permit must be in the form and contain the information required by the registrar. A person who applies for a permit must pay the charge for the permit specified in the regulations under The Highway Traffic Act.

Permit conditions

98(2)       A permit is subject to the conditions that the registrar considers appropriate and sets out in the permit.

Permit not transferable

98(3)       A permit is not transferable.

Refusing to issue permit

99(1)       Subject to section 100, 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 driver training school, dealer or recycler or conduct himself or herself as a driving instructor or 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 driver training school, 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 otherwise fails to satisfy the requirements of the regulations;

(e) if the applicant has made a material misstatement or failed to disclose information as required in the application for the permit; or

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

Refusing to renew or suspending or cancelling permit

99(2)       Subject to section 100, 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 permit holder is in breach of a condition of the permit.

Notice of proposal to refuse, suspend or cancel

100(1)      When the registrar proposes to refuse to issue or renew a permit or proposes to suspend or cancel a permit, the registrar must give a notice of proposal to the applicant or permit holder stating

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

(b) that the person has a right to make a written submission in response to the notice within the time specified in the notice; and

(c) that the applicant or permit holder is entitled to a hearing by the registrar if he or she contacts the registrar, within the time specified in the notice, to arrange a date and time for a hearing.

Provisional refusal or suspension

100(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, without notice, provisionally suspend or refuse to renew a permit.  After doing so the registrar must give a notice to a permit holder stating

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

(b) that the person has a right to make a written submission in response to the notice within the time specified in the notice;

(c) that the applicant or permit holder is entitled to a hearing by the registrar if he or she contacts the registrar, within the time specified in the notice, to arrange a date and time for a hearing; and

(d) that, if the applicant or permit holder does not make a written submission or arrange for a hearing, the permit will not be renewed or will be cancelled or further suspended.

Methods of giving notice

100(3)      A notice under subsection (1) or (2) must be given to the person

(a) by personal service; or

(b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the registrar, using a mail or delivery service that provides the registrar with an acknowledgment of receipt.

Evidence of receipt by mail

100(4)      Evidence that a notice was mailed or delivered in accordance with clause (3)(b) and that the registrar received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

When submission not made or hearing not arranged

100(5)      When an applicant or permit holder does not make a written submission or contact the registrar to arrange for a hearing, the registrar may carry out the proposal stated in the notice under subsection (1) or take any action mentioned in clause (2)(d).

When hearing arranged

100(6)      An applicant or permit holder who contacts the registrar within the time specified in the registrar's notice is entitled to a hearing by the registrar at the time and place that the registrar agrees to.

Voluntary cancellation

101         The registrar may cancel a permit on the written request of the permit holder and the surrender of the permit.

Permit to continue pending renewal

102         In any case other than that referred to in subsection 100(2), if a permit holder applies for renewal of the permit before it has expired, the permit continues

(a) until it is renewed; or

(b) if the registrar has given a notice under subsection 100(1),

(i) until the specified time for making a written submission or contacting the registrar to arrange a hearing has expired, or

(ii) until the registrar has made his or her decision after considering a written submission or holding a requested hearing.

Extending time for submission or hearing request

103         The registrar may extend the time for making a written submission or contacting the registrar to arrange a hearing under section 100 either before or after the time specified in his or her notice.

Decision after hearing

104(1)      After considering a written submission or holding 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 a suspension of a permit, and cancel or further suspend the permit;

(c) issue or renew a permit;

(d) vary the 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

104(2)      The registrar may attach any conditions to the decision that he or she considers appropriate to give effect to the purposes of this Part.

Decision to be given to applicant or permit holder

104(3)      The registrar must as soon as reasonably practicable

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

(b) when requested, give the applicant or permit holder reasons for the decision.

Return of suspended or cancelled permit

104(4)      When a permit is suspended or cancelled in accordance with this Part, a person in possession of the permit must deliver it to the registrar without delay after becoming aware of the suspension or cancellation.

Recovery of permit by peace officer

104(5)      If a person fails to comply with subsection (4), the registrar may cause a peace officer or another person authorized by the registrar to recover possession of the permit.

Reapplication

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

APPEAL

Appeal

106         An applicant or permit holder may appeal to the appeal board from a decision of the registrar under this Part by filing with the appeal board a notice of appeal in the form required by the appeal board.  This section does not apply to a decision under subsection 100(2) to provisionally refuse to renew a permit or provisionally suspend a permit.

PUBLISHING ADMINISTRATIVE DECISIONS

Definitions

106.1(1)    The following definitions apply in this section.

"administrative decision" means any of the following:

(a) a decision by the registrar under clause 104(1)(a) to carry out a proposal to suspend, cancel or refuse to renew a permit;

(b) a decision by the registrar under clause 104(1)(b) to confirm the refusal to renew a permit, or to confirm the suspension of a permit and to cancel or further suspend it;

(c) a decision by the registrar under clause 104(1)(d) to vary the conditions of a permit or to take any other action in respect of a permit holder that clause 104(1)(d) authorizes the registrar to take;

(d) a decision by the administrator under the regulations to take an action that is similar to an action described in any of clauses (a) to (c) and that is authorized by the regulations. (« décision administrative »)

"permit holder" means a person who holds any of the following:

(a) a driver training school permit issued under section 95;

(b) a driving instructor's permit issued under section 95;

(c) a dealer's permit issued under section 96;

(d) a salesperson's permit issued under section 96;

(e) a recycler's permit issued under section 97;

(f) an inspection station operator's permit issued under the regulations;

(g) a qualified mechanic's permit issued under the regulations. (« titulaire de permis »)

"regulations", except in subclause (2)(f)(ii), means regulations made under any of clauses 123(1)(u) to (y). (« règlements »)

Publishing actions taken against permit holders

106.1(2)    After an administrative decision is made in respect of a permit holder, the registrar may publish the following information about the decision:

(a) the type of permit;

(b) the details of the suspension, including length and expiration date, of the cancellation or refusal to renew or of the variation of conditions or other action taken in respect of the permit holder;

(c) a general statement of the act done by, or the failure on the part of, the permit holder in respect of which the administrative decision was made;

(d) the permit holder's name and business address;

(e) the name in which the permit holder carries on business if it is different from the name in which the permit is issued;

(f) such other information about the administrative decision as is

(i) necessary for it to be properly understood by members of the public, and

(ii) prescribed in the regulations made under clause 123(1)(y.1).

Publication of personal information

106.1(3)    Publication under this section of the name and business address of a permit holder who is an individual may be made despite The Freedom of Information and Protection of Privacy Act.

Restriction on publication of certain information

106.1(4)    Information published under this section must not include information about a person that

(a) except as permitted by clause (2)(d), is personal information; or

(b) is personal health information.

Publication regardless of appeal

106.1(5)    The registrar may publish information about an administrative decision without delay after the decision is made, whether or not the permit holder has appealed the decision or indicated an intention to appeal it.

Publication about appeals

106.1(6)    If the permit holder appeals the administrative decision, the registrar must, in the same manner as the initial publication under subsection (2),

(a) publish that the appeal has been made as soon as practicable after being notified about that fact;

(b) publish that the appeal stays the registrar's decision — if that is the case — as soon as practicable after the stay goes into effect or the registrar is notified about the stay, whichever is later; and

(c) publish the effect of the appeal decision on the registrar's decision as soon as practicable after being notified about the appeal decision.

S.M. 2010, c. 26, s. 2.

INSPECTION OF DEALERS' VEHICLES BEFORE SALE OR LEASE

Inspection certificate on sale or lease of vehicle

107(1)      A dealer must not sell or lease a motor vehicle unless

(a) the motor vehicle has, within the period before the sale or the beginning of the lease period prescribed by regulation, passed the inspection and tests required by the regulations and the dealer gives the buyer or lessee an inspection certificate prescribed by regulation for the motor vehicle in relation to those inspections and tests; or

(b) if the motor vehicle has failed the inspection and tests required by the regulations, the dealer has, within the period before the sale or the beginning of the lease period prescribed by regulation, given the buyer or lessee the information prescribed by regulation about the results of the inspections and tests in the form prescribed by regulation.

Notice to repair

107(2)      This subsection applies when the registrar believes that the inspection certificate or information a dealer has given for a motor vehicle does not correctly state the motor vehicle's condition.  The registrar may, by giving a written notice to the dealer, require the dealer to take the remedial measures that the registrar considers necessary to make the motor vehicle conform with the inspection certificate or information within the time specified in the notice or within any extension of time given in writing by the registrar.

Notice to present vehicle for inspection

108         By giving a written notice to a dealer, the registrar may require the dealer to present for inspection and testing, at a time and place designated in the notice, any vehicle that the dealer owns or that is in the dealer's possession.

RECYCLER MUST DELAY DISPOSING OF CERTAIN VEHICLES

Disposal of certain motor vehicles must be delayed

109(1)      Subject to subsection (2), no recycler shall, within the period prescribed by regulation for a class of motor vehicle or type of motor vehicle part,

(a) destroy for scrap or dismantle for parts a motor vehicle of that class or a part of that type; or

(b) sell or otherwise dispose of a motor vehicle of that class or a part of that type if the recycler acquired it to destroy it for scrap or dismantle it for parts.

Exception

109(2)      Subsection (1) does not apply to

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

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

(ii) is already destroyed for scrap when it comes into the recycler's possession;

(b) a motor vehicle described in subsection 21.11(2) of The Highway Traffic Act 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) of The Highway Traffic Act if the recycler has complied with the obligations under subsection 21.11(4) of that Act in relation to that motor vehicle.

OFFENCES AND EVIDENCE

Offence and penalty

110(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 123(1)(m);

(b) fails to comply with a notice under subsection 107(2) or section 108; or

(c) contravenes any provision of this Part or the regulations under clause 123(1)(m), (o), (p), (q) or (s);

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

110(2)      If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., whether or not the corporation has been prosecuted or convicted.

Limitation period: clause (1)(a) offences

110(3)      No proceeding under clause (1)(a) may be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of the registrar.

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

110(4)      No proceeding under clause (1)(b) or (c) may be commenced more than one year after the commission of the alleged offence.

Liability for employee or agent

110(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 or agent has been prosecuted or convicted.

Onus

110(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

111         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 permit holder;

(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;

must 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.

PART 8

OFFENCES, PENALTIES, REGULATIONS AND GENERAL PROVISIONS

INSPECTION AND SEARCH AND SEIZURE

Inspectors

112         The administrator may appoint persons or classes of persons as inspectors for the purpose of enforcing this Act and the regulations, and for any other purpose of this Act or the regulations.

Definition of "place"

113(1)      In this section, "place" includes a vehicle.

Certificate to be produced

113(2)      On entering any place for the purpose of exercising powers under this section, a peace officer must show his or her official identification to the person in charge of the place if the person so requests.

Entering a dwelling place

113(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

113(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 printout 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

113(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 Act or the regulations.

Assistance to peace officer

113(6)      The owner or person in charge of a place referred to in subsection (4) and every person present in the place must give the peace officer all reasonable assistance to enable the peace officer to carry out his or her duties and must provide the peace officer with any information the peace officer reasonably requires.

Removal of records

113(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.  The peace officer must give a receipt to the person from whom the record, document or reproduction is taken and must examine or copy it within a reasonable time and return it promptly after finishing.

Admissibility of copies

113(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

114(1)      A justice who is satisfied by information on oath that

(a) the conditions for entry described in subsection 113(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 113(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 the justice may specify in the warrant.

Search and seizure without warrant

114(2)      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 a warrant, enter and search the place for the record, document, vehicle or other thing and may seize it.  After seizing anything under this subsection, the peace officer must promptly bring it before a justice, or report on it to a justice, to be dealt with according to law.

Search and seizure with warrant

114(3)      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

114(4)      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

114(5)      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 the place or thing until an application for the warrant is made and disposed of.

S.M. 2008, c. 36, s. 17; S.M. 2008, c. 42, s. 24.

DETENTION OF MOTOR VEHICLES

Detention of motor vehicle by peace officer

115(1)      A peace officer who has reason to believe that an offence has been committed by means of, or in relation to, a motor vehicle may detain the vehicle for five clear days, but the vehicle may be released sooner

(a) if security for its production is given to a justice's satisfaction; or

(b) the justice is satisfied, by a certificate signed by a qualified mechanic, that the motor vehicle complies with the requirements set out in clauses 204(1)(a), (b), (d), (e) and (f) of The Highway Traffic Act.

Order extending period of detention

115(2)      When a motor vehicle has been detained under subsection (1) and it is required

(a) as evidence in a prosecution for an alleged offence under this Act, The Highway Traffic Act or The Off-Road Vehicles Act, or an alleged offence under the Criminal Code (Canada), committed by means of, or in relation to, a motor vehicle or off-road vehicle;

(b) for further investigation related to an offence described in clause (a); or

(c) the owner has failed to provide a justice with a certificate signed by a qualified mechanic as provided for in clause (1)(b);

a peace officer may apply to a justice for an order to continue the detention of the motor vehicle beyond the period prescribed in subsection (1).  The peace officer making the application must provide the justice with full particulars of the reasons for continuing the detention of the motor vehicle.

Extension period must be reasonable

115(3)      In making an order under subsection (2), the justice may order that the motor vehicle be detained for such further period as the justice considers appropriate.

Notice of detention to owner

115(4)      If the owner of a motor vehicle was not present when it was detained, the peace officer must take all reasonable steps to notify the owner about the detention, the reasons for the detention and the place where the motor vehicle is detained or stored.

Personal property to be returned

115(5)      Any personal property present in a detained motor vehicle must be returned to the owner on request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence described in clause (2)(a), in which case subsections (1), (2) and (3) apply with necessary changes.

Meaning of "owner"

116(1)      In this section, "owner" includes

(a) a person who has sold the motor vehicle under the terms of a conditional sale agreement or lien note in respect of which all or part of the purchase price remains unpaid;

(b) a person to whom a bill of sale by way of chattel mortgage on the motor vehicle has been given, in respect of which all or part of the amount secured remains unpaid; and

(c) an assignee of such a person.

Disposal of detained vehicle

116(2)      When a motor vehicle is detained under this section,

(a) if repairs are necessary and immediately wanted by the owner, it must be taken to and kept in the repair shop or garage that the owner selects to repair it; or

(b) if repairs are not necessary or are not immediately wanted by the owner, it must be taken to and kept in the garage or storage place the owner selects, unless otherwise required by the police.

If the police require the motor vehicle to be detained elsewhere, a peace officer may direct it to be taken to a garage or storage place maintained by any police force or other public authority, if available, and otherwise to a garage or storage place designated by the peace officer.

Change of place of detention

116(3)      When a motor vehicle has been taken to a repair shop, garage or storage place selected by the owner, a member of the same police force that detained the motor vehicle may authorize the motor vehicle to be transferred to another repair shop, garage or storage place selected by the owner, if the owner applies in writing.  The member may give all necessary directions to that end and must give the person who owns, manages or is in charge of the repair shop, garage or storage place to which the motor vehicle is transferred a notice under subsection (4).

Notice to garage keeper

116(4)      When a motor vehicle detained under this section is placed in a repair shop, garage or storage place, the peace officer detaining it must notify the person who owns, manages or is in charge of the repair shop, garage or storage place that the motor vehicle is detained and must not be removed or released, or be permitted to be removed or released, from detention except by the order of a justice or with the authorization of a police officer under subsection (3).  The notice must be in writing on a form approved by the registrar.

No removal from detention

116(5)      No person shall remove or release a detained motor vehicle from its place of detention, or permit it to be removed or released, except under the authority of a justice's order or an authorization from a police officer under subsection (3).

Cost of moving and storage

116(6)      Costs and charges incurred in moving or storing a vehicle under this section, are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer.

Registrar or peace officer may seize documents

116.1(1)    For the purpose of enforcing this Act, section 224 of The Highway Traffic Act or the regulations under this Act, the registrar or a peace officer may seize and impound one or more of the following in the circumstances set out in subsection (2):

(a) a driver's licence or certificate of insurance;

(b) a registration card, or an owner's certificate as defined in The Manitoba Public Insurance Corporation Act;

(c) an identification card issued under Part 8.1;

(d) a document or thing that resembles a document or thing referred to in clause (a), (b) or (c);

(e) a birth certificate or other document or thing that is provided or produced to the registrar or peace officer under this Act, The Highway Traffic Act or a regulation under this Act or The Highway Traffic Act.

When a document may be seized

116.1(2)    The registrar or a peace officer may seize and impound a document or thing described in subsection (1) if the registrar or peace officer has reasonable grounds to believe that it

(a) has been altered so as to be misleading or has been falsified;

(b) is not accurate or valid;

(c) is not lawfully in the possession of the person who provided or produced it; or

(d) has been provided or produced to mislead the registrar or peace officer or for another fraudulent or unlawful purpose.

Returning or disposing of document

116.1(3)    If after making any further inquiries that he or she considers necessary, the registrar or peace officer is satisfied that a circumstance set out in subsection (2) applies in respect of the seized item, the registrar or peace officer may take any steps that he or she considers appropriate, including

(a) returning it to the person or authority that authored or issued it;

(b) retaining it for the purpose for which it was seized and impounded; or

(c) destroying it.

S.M. 2008, c. 36, s. 18.

OFFENCES AND PENALTIES

Offence and penalty

117(1)      A person who contravenes or fails to comply with or obey

(a) a provision of this Act or the regulations; or

(b) an order, direction or requirement of a peace officer or another person given under the authority of this Act or the regulations;

is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Licence suspension or disqualification

117(2)      In addition to imposing a fine under subsection (1), the convicting judge or justice may

(a) suspend the person's driver's licence for a term of not more than one year; or

(b) disqualify the person from holding a driver's licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a driver's licence, or

(ii) the person's driver's licence is suspended or he or she is disqualified from holding a driver's licence.

Saving

118         Nothing in section 117 restricts, limits or affects any other provision of this Act or the regulations authorizing or requiring the suspension or cancellation of a vehicle registration, driver's licence or permit, or the disqualification of any person from holding a driver's licence or registering a vehicle.

Benefit of Certain Fines

Benefit of fines

119         A fine imposed under this Act enures to the benefit of the municipality in which the offence is committed if the prosecution is instituted by or under the authority of the municipality, or by officers appointed by it.  In all other cases, the fine enures to the benefit of Her Majesty in right of Manitoba.

Temporary Permit on Suspension of Licence

Temporary permit on suspension of licence

120(1)      If a person is convicted of an offence under any provision of this Act or the regulations and as a result the person's licence is suspended under a provision of this Act or by the convicting judge or justice under a provision of this Act, a judge, a justice or the registrar may issue to the person a permit authorizing him or her to drive a motor vehicle in the province for 24 hours after the permit is issued.  The permit must be in the form approved by the registrar.

Effect of temporary permit

120(2)      Despite any other provision of this Act, a person who is issued a permit under subsection (1) may, during the period stated in the permit, drive in Manitoba any motor vehicle that the suspended driver's licence authorized him or her to drive.  If a motor vehicle's registration was also suspended because of the conviction, that suspension is stayed for the same 24-hour period.

Conviction Quashed

If conviction quashed

121         If as a result of a conviction for an offence,

(a) a motor vehicle is impounded;

(b) a person's driver's licence is suspended or cancelled;

(c) a person is disqualified for any period from holding a driver's licence;

(d) the registration of a motor vehicle in the name of a person is suspended or cancelled; or

(e) a person is disqualified for any period from registering a motor vehicle;

and the conviction is quashed, a penalty mentioned in clauses (a) to (e) that has been incurred under this Act must be rescinded.  Upon production to the registrar and to the person having custody of the impounded motor vehicle of a certified copy of the order quashing the conviction, the motor vehicle must be released, the driver's licence or vehicle registration must be restored, or the disqualification must be revoked.

VEHICLE OWNER'S LIABILITY FOR OFFENCES COMMITTED BY A DRIVER

Definition of "owner"

122(1)      In this section, "owner", in relation to

(a) a vehicle that displays a number plate or permit and is involved in a contravention referred to in subsection (2),

(i) means the person to whom a registration card is issued with a number corresponding to the number of the number plate displayed on the vehicle or to whom the permit is issued, unless the person proves to the satisfaction of the judge or justice that the number plate or permit displayed on the vehicle was displayed without his or her consent, or

(ii) if that person passed the property in the vehicle to someone else before the vehicle was involved in the contravention, means any person who, alone or jointly with one or more others,

(A) has the right to pass the property in the vehicle, or

(B) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(b) a vehicle that does not display a number plate and is involved in a contravention referred to in subsection (2), means any person who, alone or jointly with one or more others,

(i) has the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days.

Owner may be charged with driver's offence

122(2)      The owner of a vehicle that is involved in a contravention of this Act or the regulations may be charged with any offence with which, in similar circumstances, the driver of a vehicle or the person having care, charge or control of one may be charged.

Conviction of owner

122(3)      If the judge or justice before whom the owner is tried is satisfied that the vehicle was involved in the contravention, the owner is guilty of the offence, unless the owner proves to the satisfaction of the judge or justice that at the time of the contravention the vehicle was, without the owner's express or implied consent, in someone else's possession.

Owner not guilty when driver is guilty

122(4)      An owner is not guilty of an offence under subsection (3) in relation to an occurrence if the owner satisfies the judge or justice that the driver of the vehicle or the person having care, charge or control of it, being in either case a person other than the owner, was convicted of the offence in relation to the same occurrence.

Owner not guilty when another owner is guilty

122(5)      Without limiting the generality of subsection (4), an owner is not guilty of an offence under subsection (3) if the owner satisfies the judge or justice that

(a) the vehicle was comprised of a combination of two or more vehicles;

(b) the owner did not own all of the vehicles in the combination; and

(c) another person who owned one of the vehicles was convicted of the offence in relation to the same occurrence.

Owner penalty

122(6)      An owner who is guilty of an offence under subsection (3) is liable, on summary conviction, to the penalty to which the driver or person having care, charge or control is subject except that the owner is not liable to imprisonment.

Limitation

122(7)      No proceedings against an owner may be instituted for an offence under subsection (3) after the expiry of the time for instituting proceedings against the driver of the vehicle or the person having care, charge or control of it.

Offences relating to information and records

122.1(1)    A person is guilty of an offence if he or she

(a) without being authorized to do so by this Act or another Act, or a regulation under this Act or another Act, discloses to a person, or provides a person with access to or a copy of, any record, personal information or personal health information about another person obtained or maintained under this Act or the regulations;

(b) uses, in a manner inconsistent with this Act or another Act, or a regulation under this Act or another Act, or misuses for personal gain, any record, personal information or personal health information about another person obtained or maintained under this Act or the regulations; or

(c) contravenes a requirement, of an agreement made under this Act, to protect

(i) the confidentiality, security, accuracy and integrity of records, personal information or personal health information about other persons, or

(ii) the privacy of other persons.

Penalties

122.1(2)    A person who is guilty of an offence under subsection (1) is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $10,000.; and

(b) in the case of a body corporate, to a fine of not more than $25,000.

Directors and officers of bodies corporate

122.1(3)    If a body corporate commits an offence under this section, a director or officer of the body corporate who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $10,000., whether or not the body corporate has been prosecuted or convicted.

S.M. 2008, c. 36, s. 19.

REGULATIONS

Regulations

123(1)      The Lieutenant Governor in Council may make regulations

(a) classifying persons and vehicles for any purpose of the regulations;

(b) specifying duties and powers to be performed and exercised by the registrar for the proper administration and enforcement of this Act;

(c) prescribing the charges that may be made by the owner, manager or other person in charge of a garage or storage place for the storage of a motor vehicle detained and placed in storage under this Act and providing that the charges may vary, as specified in the regulations, in different parts of the province;

(d) fixing the amount to be paid to school divisions or other organizations for the purpose of assisting in training of school pupils and others to drive motor vehicles properly;

(e) respecting driver training schools and driving instructors, including, but not limited to,

(i) the issuance of permits for schools and instructors under Part 7,

(ii) qualifications of and examinations for applicants for such permits,

(iii) requirements, rules and conditions that must be observed by permit holders, and

(iv) requirements, rules and conditions that must be observed by the owners of motor vehicles used in connection with driver training schools;

(f) providing for restrictions on the areas or streets within or on which driver training schools and driving instructors may train or instruct persons to drive;

(g) exempting any person or class of persons or motor vehicle or trailer or class of motor vehicles or trailers from the definitions "dealer" and "salesperson" or from any provision of Part 7 or the regulations under clause (m) and clauses (o) to (q);

(h) exempting any person or class of persons or motor vehicle or class of motor vehicles from the definition "recycler" or from any provision of Part 7 or the regulations under clause (m) and clauses (o) to (q);

(i) respecting the issuance of permits for dealers, salespersons and recyclers;

(j) prescribing, for the purpose of section 109, classes of motor vehicles or parts of motor vehicles and periods in relation to those classes of motor vehicles or parts of motor vehicles;

(k) prescribing qualifications and requirements of applicants or any class of applicants for dealers', salespersons' and recyclers' permits for the purpose of clause 99(1)(d), and respecting exemptions for certain applicants or classes of applicants who do not possess one prescribed qualification or requirement, or more;

(l) 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;

(m) 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;

(n) requiring any information in any application under Part 7, or statement or report required to be furnished under Part 7, to be verified by affidavit;

(o) governing dealers, salespersons and recyclers;

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

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

(r) 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;

(s) 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;

(t) respecting the giving of notices under Part 7;

(u) providing for a system of permits for inspection stations and qualified mechanics for the inspection and testing of vehicles or classes of vehicles for any purpose of this Act or the regulations, and respecting requirements for permits and all matters related to the system of permits;

(v) in relation to a permit referred to in clause (u), providing for the application of section 106 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;

(w) governing inspection stations and their operators and qualified mechanics;

(x) governing the inspection and testing of vehicles or classes of vehicles;

(y) respecting the keeping, submission and inspection of records by operators of inspection stations;

(y.1) for the purposes of section 106.1,

(i) respecting the registrar's publication of information about administrative decisions, and

(ii) prescribing additional information that may be published about an administrative decision for the purpose of the public's proper understanding of it;

(z) for the purpose of sections 107 and 108,

(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;

(aa) 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 section 44, including providing for recognizing in Manitoba the inspection programs and inspection certificates of jurisdictions outside Manitoba;

(bb) providing that inspection certificates referred to in clauses (z) and (aa) for a motor vehicle or class of motor vehicle meet the requirements of section 44 when issued or furnished within a prescribed period before the registration of a motor vehicle;

(cc) exempting any class of applicant from the application of subsection 44(2) and prescribing conditions for such exemptions;

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

(ee) 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;

(ff) for the purposes of subsection 67(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 how the notice must be given;

(gg) 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 47, including providing for recognizing in Manitoba the inspection programs and inspection certificates of jurisdictions outside Manitoba;

(hh) respecting road tests under clauses 64(3)(b), 65(3)(b), 66(3)(b) and 67(4)(b);

(ii) 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;

(jj) prescribing the period during which a certificate of approval is valid;

(kk) authorizing, with or without conditions, persons or classes of persons to whom the registrar may provide access to or copies of photographs of drivers, or both, for the purposes of subsection 126(6) and prescribing purposes for which the access or copies may be provided;

(ll) [repealed] S.M. 2008, c. 36, s. 20;

(mm) exempting, with or without conditions, certain classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations;

(nn) empowering the registrar to exempt by permit, with or without conditions, certain vehicles, classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations;

(oo) respecting applications for and the issuance of permits referred to in clause (nn);

(pp) respecting any transitional or other problem resulting from the enactment of this Act and the transition of administration of the driver licensing and vehicle registration system from The Highway Traffic Act to this Act;

(qq) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Adopting codes, standards and other regulations

123(2)      The power to make a regulation under any provision of this Act may be exercised by adopting by reference, in whole or in part, a code, standard or regulation made by any other government in Canada or the United States, or a code or standard made by a non-governmental body.

Changes

123(3)      The code, standard or regulation may be adopted as amended from time to time and subject to any changes that the Lieutenant Governor in Council considers necessary.

Application of regulations

123(4)      A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2008, c. 36, s. 20; S.M. 2010, c. 26, s. 3.

Regulations Extending Licensing or Registration Periods

Extension of drivers' licence and registration periods

124(1)      Notwithstanding any provision of this Act, or any regulation made under this Act, the Lieutenant Governor in Council may make a regulation extending, for a specific period,

(a) all or some of the drivers' licences for any licensing period; or

(b) all or some of the vehicle registrations for any registration period.

Effective date of regulation

124(2)      Despite The Statutes and Regulations Act, a regulation made under subsection (1) takes effect on the day that it is made.

Validity of licences and registrations continued

124(3)      When the validity of a driver's licence or vehicle registration is extended under subsection (1), the validity of any certificate of insurance relating to the driver's licence, or of any registration card, number plate, validation sticker or motor vehicle liability insurance card relating to the vehicle registration, is extended for the same extension period.  This is despite any other provision of this Act or any other Act, or any provision of a regulation under this Act or any other Act.

Licence and registration charges for next period

124(4)      For the purpose of determining the amount of any driver's licence or registration charge payable under The Highway Traffic Act, or any insurance premium payable under The Manitoba Public Insurance Corporation Act and the regulations made under that Act, the licensing or registration period immediately following a period that is extended by a regulation made under subsection (1) is deemed to begin on the day following the day on which the licensing registration period would have ended had there been no extension.

S.M. 2008, c. 36, s. 21; S.M. 2013, c. 39, Sch. A, s. 46.

RECORDS

Records about persons and vehicles

125(1)      The registrar must maintain records that he or she considers necessary for the proper administration of this Act or the regulations, or for carrying out or exercising any duties and powers that he or she is given by another Act or a regulation under another Act, including, but not limited to,

(a) records about drivers' licences, persons who apply for or hold drivers' licences, vehicles, vehicle registrations and vehicle owners; and

(b) records of the photographs of persons who apply for or hold drivers' licences.

Records of accidents and convictions

125(2)      Without limiting the generality of subsection (1), the registrar may maintain records that he or she considers necessary respecting any driver

(a) who has been involved in an accident;

(b) who has been convicted of a contravention of a provision of this Act, The Highway Traffic Act, The Off-Road Vehicles Act or the regulations under any of those Acts;

(c) who has been convicted of an offence under the Criminal Code (Canada), whether the sentence or other disposition for the conviction is or was under the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

(d) who has been convicted in any province or territory of Canada, in any state of the United States, or in any country or political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1) of The Highway Traffic Act, of an offence that the registrar considers is analogous to an offence under this Act, The Highway Traffic Act, The Off-Road Vehicles Act or the Criminal Code (Canada); or

(e) whose driver's licence has been suspended or cancelled, who has been refused a driver's licence or renewal, who has been disqualified from holding a driver's licence or who has been disqualified or prohibited from driving a motor vehicle or operating an off-road vehicle.

Commercial driver records

125(3)      Without limiting the generality of subsection (1), the registrar may maintain separate records respecting drivers who are licensed to drive public service vehicles or commercial trucks that have a registered gross weight of 4,500 kg or more, or regulated school buses, and who

(a) while driving such a vehicle, have been involved in an accident;

(b) in relation to driving such a vehicle, have been convicted of a contravention of any provision of this Act or the regulations, of The Highway Traffic Act or the regulations under that Act, or of another Act or regulation prescribed by a regulation made under The Highway Traffic Act; or

(c) have had their driver's licences suspended or cancelled, or have been refused drivers' licences or licence renewals, disqualified from holding a driver's licence, or disqualified or prohibited from driving a motor vehicle on a highway or operating an off-road vehicle.

Registrar's custody and control of records

125(4)      Subject to sections 126 to 136, the registrar is to have custody and control of the records he or she maintains for the purposes of this section, and of any earlier records of the same nature that the Government of Manitoba transfers to the registrar.

S.M. 2008, c. 36, s. 22.

Meaning of "person about whom the inquiry is being made"

126(1)      In subsection (4), "person about whom the inquiry is being made" does not include a person acting in the capacity of a trustee as defined in The Personal Health Information Act.

Searches of records in general

126(2)      At the request of a person or body, the registrar may cause a search to be made of the registrar's records and may provide the person or body with

(a) particulars of a motor vehicle registered under this Act or of a driver's licence issued under this Act; or

(b) a certified abstract of the driving record of a driver maintained by the registrar.

Search charges

126(3)      A person or body requesting a search must pay for each search made or each certified abstract provided the charge specified in the regulations under The Highway Traffic Act, unless those regulations exempt the person or body from paying the charge or unless section 132 applies.

Limitation on providing information

126(4)      Despite subsection (2), the registrar must not, without written authorization given to him or her by the person about whom the inquiry is being made, or by order of a justice, provide a person or body with information

(a) contained in a supplementary report of an accident that the registrar requires;

(b) contained in a report about an offence under the Criminal Code (Canada) for which the convicted person received a sentence or other disposition under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

(c) contained in a report by a duly qualified medical practitioner or optometrist;

(d) contained in a report by the Addictions Foundation of Manitoba or a recognized agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction; or

(e) provided by a driver in confidence to the registrar.

Limitation on access to information about self

126(5)      Despite subsection (2), the registrar must not permit a person to examine or copy information about the person that the registrar maintains if

(a) knowledge of the information could reasonably be expected to endanger the mental or physical health or the safety of the person or another person; or

(b) disclosure of the information could reasonably be expected to identify a third party, other than a trustee as defined in The Personal Health Information Act, who supplied the information under circumstances in which confidentiality was reasonably expected.

Limited access to drivers' photographs

126(6)      Except as permitted under sections 128 to 136, the registrar must not provide access to or a copy of a person's driver's licence photograph to anyone other than

(a) a government, department or agency that is entitled to the access or copy under an agreement under section 31.1;

(b) a peace officer or justice;

(c) a person who is authorized to provide a service under clause 138(1)(a) or (a.1); or

(d) another person or class of persons authorized by the regulations, for a purpose prescribed by the regulations.

Limited access to photos re providing services

126(7)      Under clause (6)(c), the registrar must provide access to or a copy of a person's driver's licence photograph only to the extent necessary for the service to be provided and only in accordance with the agreement required by subsection 138(3).

S.M. 2008, c. 36, s. 23.

Disclosure of information for offence notices

127         Despite clause 126(4)(e), the registrar may, for the purpose of producing offence notices for offences under any of the provisions mentioned in clause 257.1(1)(a) of The Highway Traffic Act, disclose personal information about vehicle owners from his or her records of vehicle registrations to a person who has a contract to produce the offence notices for a municipality, or for a police force acting on behalf of a municipality or the government.

Access to information to make drivers' licences

128(1)      Subject to subsections (2) and (3), the registrar may, for the purpose of having drivers' licences made, provide access to or copies of personal information about drivers, including personal health information, to a person who makes drivers' licences under an agreement with the administrator.

Limit on information provided

128(2)      The registrar must limit

(a) the amount of personal health information accessed or provided to the restrictions or conditions imposed on the drivers; and

(b) the amount of other personal information accessed or provided to the minimum amount necessary to have the drivers' licences made.

Agreement must provide for security of information

128(3)      The administrator must ensure that the agreement with the person making the drivers' licences contains provisions requiring the person to adopt reasonable administrative, technical and physical safeguards that protect

(a) the confidentiality, security, accuracy and integrity of the personal health and other personal information accessed or provided; and

(b) the privacy of the persons whom the information is about.

S.M. 2008, c. 36, s. 24.

Definition of "record"

129         In sections 130 to 136, "record" means a record maintained by the registrar under section 125, including, but not limited to, a record containing personal information as defined in The Freedom of Information and Protection of Privacy Act or personal health information as defined in The Personal Health Information Act.

Disclosure provisions apply despite restrictions in Act

130         Sections 131 to 136 apply despite subsections 126(4) and (6) and any other restrictions respecting disclosure of records or information by the registrar elsewhere in this Act.

General limit re personal information and personal health information

131(1)      Personal information and personal health information provided under sections 133 to 136 must be limited to the minimum amount necessary for the specified purposes.

Other disclosures authorized by law

131(2)      Sections 133 to 136 do not prevent or restrict the registrar from providing or disclosing records or information when authorized or required to do so by law, including, but not limited to, by this Act, The Highway Traffic Act, The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act.

S.M. 2008, c. 36, s. 25.

Records provided on request and at no charge

132         Copies of records or access to records provided by the registrar under sections 133 to 136 must be provided on request and at no charge.

Providing information to the appeal board or medical review committee

133(1)      The registrar must provide to the appeal board or the medical review committee copies of or access to any records that are required for the purpose of an appeal or matter before it.

Providing information to the transport board or Taxicab Board

133(2)      The registrar must provide to the transport board, or The Taxicab Board established under The Taxicab Act, copies of or access to any records that relate to a driver, driver's licence, vehicle, vehicle registration or vehicle owner and that are required for the purpose of

(a) an appeal or matter before the board; or

(b) carrying out the board's responsibilities under The Highway Traffic Act or The Taxicab Act, as the case may be.

Limit re information to the transport board and Taxicab Board

133(3)      Any personal health information provided to the transport board or The Taxicab Board under subsection (2) must be

(a) limited to the restrictions or conditions imposed on a person who holds or has held a driver's licence; or

(b) provided with the consent of the person the information is about, or another person authorized to consent on his or her behalf.

Information to be provided to government

134         The registrar must provide to the following persons copies of or access to any records that are required for the purpose of carrying out the person's duties, powers or responsibilities:

(a) the minister appointed by the Lieutenant Governor in Council to administer this Act and The Highway Traffic Act;

(b) an employee in the government department presided over by the minister described in clause (a) who administers or enforces an Act or regulation for which that minister is responsible and who has been designated by that minister;

(c) legal counsel prosecuting an offence under an Act or regulation of Manitoba or Canada, or acting on behalf of the Government of Manitoba;

(d) a justice, or an employee of the Department of Justice of Manitoba, for the purpose of a legal proceeding or the administration of justice.

Information to be provided for law enforcement

135(1)      The registrar must provide copies of or access to any records required by any of the following persons for the purpose of enforcing an Act or regulation of Manitoba or Canada:

(a) a member of the Royal Canadian Mounted Police, police officer, police constable, constable or any other person employed to preserve and maintain the public peace;

(b) a person appointed by the Government of Manitoba or Government of Canada to enforce an Act or regulation of Manitoba or Canada.

Information to be provided to municipalities

135(1.1)    The registrar must provide copies of or access to any records required by a municipality or local government district for the purpose of enforcing a by-law of the municipality or local government district, including the collection of fines and other penalties owing to the municipality or local government district.

Limit re personal health information

135(2)      Personal health information provided under subsection (1) or (1.1) must be limited to the restrictions or conditions imposed on a person who holds or has held a driver's licence.

Registrar may impose conditions to protect privacy

135(3)      When providing information under subsection (1) or (1.1), the registrar may impose conditions to protect the privacy of the individual who the information is about.

S.M. 2013, c. 47, s. 123.

Information to be provided under reciprocal and other agreements

136(1)      The registrar must provide copies of or access to any records to a person who requires information for the purpose of

(a) administering or enforcing an arrangement or reciprocal agreement entered into by the Government of Manitoba and another jurisdiction under section 4.3 or 31.1 of The Highway Traffic Act; or

(b) administering or enforcing an agreement between the Government of Manitoba and one or more other jurisdictions respecting drivers, vehicles, highway use or safety, or the exchange of information relating to drivers, vehicles or highway use or safety.

Limit re personal health information

136(2)      Personal health information provided under subsection (1) must be limited to the restrictions or conditions imposed on a person who holds or has held a driver's licence.

137         [Repealed]

S.M. 2008, c. 36, s. 26.

AUTHORIZATION OF THIRD PARTIES TO ISSUE DRIVERS' LICENCES AND TO REGISTER VEHICLES

Authorization of third parties

138(1)      The administrator may

(a) authorize any person to accept applications for drivers' licences, to issue temporary drivers' licences, to register motor vehicles, trailers or off-road vehicles, and to issue registration cards, registration permits, number plates, validation stickers or registration class stickers;

(a.1) authorize any person to accept applications for identification cards for the purposes of Part 8.1;

(b) define the duties and powers of those persons; and

(c) when the salary is not otherwise provided, fix the amount to be paid to each person so authorized for each application accepted, each item issued or each vehicle registered by that person.

Payment for lost plates, etc.

138(2)      If a person authorized under subsection (1) loses or is otherwise unable to account for a driver's licence certificate form, registration card form, registration permit form, number plate, validation sticker or registration class sticker that was provided to the person by the registrar, the administrator may assess the person in respect of the lost or unaccounted-for item the amount that the administrator considers appropriate.  The assessed amount is a debt due to the Crown may be set off against any amount payable to the person under subsection (1).

Agreement with authorized person

138(3)      The administrator must enter into an agreement with a person authorized to provide a service under clause (1)(a) or (a.1).  The agreement must contain provisions requiring the person to adopt reasonable administrative, technical and physical safeguards to protect

(a) the confidentiality, security, accuracy and integrity of the personal information, including personal health information, that the person obtains, records or is provided with in the course of providing the service; and

(b) the privacy of the persons whom the personal health and other personal information is about.

S.M. 2008, c. 36, s. 27.

CERTIFICATION AND ADMISSIBILITY OF DOCUMENTS

Certificate of registrar as proof

139(1)      A certificate purporting to be signed by the registrar and certifying any matter of record in his or her office or any fact within the registrar's official knowledge is admissible in evidence in any action or proceeding in any court, or in any matter before any board, commission or other body, as prima facie proof of the matter or fact certified, without proof of the signature of the registrar.

Signature of registrar

139(2)      An engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature of the registrar is a sufficient authentication of a certificate, whether or not the signature was on the document that becomes the certificate before the matter of record or fact was indicated on that document.

Reproduced signature of former registrar

139(3)      The signature of the registrar that is engraved, lithographed, printed, or electronically or otherwise reproduced on a driver's licence, registration card, permit, notice, certificate or other document is for all purposes the signature of the registrar despite the fact that the person whose signature is reproduced no longer holds the office of registrar.

Photographic copies

139(4)      In any proceeding under this Act, a print from a photographic film or electronic medium of any record or document certified by the registrar to be a true copy of the original is admissible in evidence in all cases, and for all purposes, in or for which the original of the record or document would have been admissible.

S.M. 2008, c. 36, s. 28.

GENERAL VEHICLE INSPECTION REQUIREMENTS

Vehicle inspection required

140(1)      The registrar may, by written notice sent to the owner, require the owner of a vehicle that is registered under the Act to present the vehicle for inspection at the time and place specified in the notice.

Cancellation of registration for failure to comply

140(2)      If the owner of a vehicle fails to present the vehicle for inspection as required by subsection (1), the registrar may cancel the vehicle's registration without further notice.

Procedure on inspection

140(3)      When a motor vehicle is presented for inspection in accordance with a notice given under subsection (1), the registrar must

(a) cause an inspection to be made of such parts of the motor vehicle as are specified in the regulations;

(b) if the parts inspected are found to be in good working order and are approved, cause an inspection certificate of approval to be affixed to the motor vehicle;

(c) if any part or system of a motor vehicle inspected is found to be defective or not in good working order, cause a rejection notice to be issued to the owner of the motor vehicle; and

(d) keep a record of each inspection of each motor vehicle inspected and the result of the inspection.

Re-inspection after rejection

140(4)      A rejection notice must specify the period within which the motor vehicle is required to be presented at an inspection station for further inspection.

Re-examination after rejection

140(5)      The owner of a motor vehicle in respect of which a rejection notice has been issued must present the motor vehicle at an inspection station for further inspection within the period specified in the rejection notice.

Suspension of registration for failure to repair

140(6)      When a vehicle is rejected under subsection (3) and repairs are not carried out within the specified time for reinspection, the registrar may suspend the vehicle's registration without further notice.

Inspection Stations and Qualified Mechanics

Inspection stations and qualified mechanics

141(1)      The minister or administrator may

(a) establish and authorize inspection stations to inspect vehicles at any place the minister or administrator considers appropriate; and

(b) authorize persons as qualified mechanics to inspect vehicles and issue inspection certificates for the purposes of this Act and the regulations.

Withdrawal of authorization

141(2)      By giving a written notice of withdrawal, the minister or administrator may withdraw

(a) the approval of an inspection station given under clause (1)(a); or

(b) the authorization of a qualified given under clause (1)(b).

The withdrawal is effective immediately.

Inspection of Unsafe Vehicles

Inspection of unsafe vehicles and trailers

142(1)      If the registrar receives information indicating that a motor vehicle or trailer is not in a safe condition to be driven or towed on a highway, he or she may, by giving a written notice, require the owner of the motor vehicle or trailer

(a) to have it inspected by a qualified mechanic, or by a person who operates a garage or other repair facility for motor vehicles or trailers within the time specified in the notice; and

(b) to provide the registrar, on a form approved by the registrar, with a report setting out the findings of the inspection within the time specified in the notice.

Cancellation of registration for failure to comply

142(2)      If the owner of the motor vehicle or trailer fails to have it inspected or to provide an inspection report as required under subsection (1) within the time specified in the notice, the registrar may cancel the vehicle's registration without further notice until the owner complies.

Cancellation of registration following inspection report

142(3)      If a report provided under subsection (1) shows that the motor vehicle or trailer, or a part or equipment required by The Highway Traffic Act or a regulation under that Act, is defective or not in good working order, the registrar must cancel the vehicle's registration unless the defective or non-working part or equipment is repaired or replaced and the motor vehicle or trailer is otherwise in safe condition to be driven or towed on a highway.

S.M. 2008, c. 42, s. 24.

Reporting Suspected Contraventions

Reporting suspected contraventions

143(1)      A person may make a report to the registrar if the person has a reasonable basis to believe that

(a) the holder of a driver's licence is unfit to safely drive a vehicle for a medical or other reason;

(b) a vehicle is not safe or does not comply with a requirement of this Act or the regulations, or of The Highway Traffic Act or The Off-Road Vehicles Act or the regulations under either of those Acts; or

(c) a person has contravened or has failed to comply with

(i) a provision of this Act or the regulations, or of The Highway Traffic Act or The Off-Road Vehicles Act or the regulations under either of those Acts, or

(ii) a condition or restriction of a driver's licence, vehicle registration or permit, under this Act or the regulations, or under The Highway Traffic Act or The Off-Road Vehicles Act or the regulations under either of those Acts.

Protection from liability

143(2)      No action or other proceeding may be brought against a person for making a report under subsection (1) in good faith.

Adverse employment action prohibited

143(3)      No employer shall take adverse employment action against an employee because the employee made a report in good faith about the employer under subsection (1).

LIABILITY PROTECTION FOR OFFICIALS

Protection from liability

144         No action or proceeding may be brought against the minister, the administrator, the registrar or an inspector, or any person employed by the administrator or acting under the direction of the minister, the administrator, the registrar or an inspector, for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act or the regulations, or under any other Act or regulation that imposes a duty on the administrator or registrar; or

(b) in the exercise or intended exercise of a power under this Act the regulations, or under any other Act or regulation that confers a power on the administrator or registrar;

unless the person was acting in bad faith.

GIVING NOTICES

Method of giving notice

145(1)      When, under this Act or the regulations, notice of anything is required or authorized to be given to any person and the method of giving notice is not specified, the notice must be in writing, and the person required or authorized to give it must do so

(a) by serving the notice personally on the person being given the notice; or

(b) by mailing or delivering the notice to that person at his or her address last known to the person giving the notice, using a mail or delivery service that provides the person giving the notice with an acknowledgment of receipt.

Evidence of receipt by mail

145(2)      Evidence that a notice was mailed or delivered in accordance with clause (1)(b) and that the sender received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed.

WAIVING CHARGES FOR SERVICES

Administrator may waive charges

146         The administrator may waive any charge that must be paid in respect of a licence, permit, registration or other service under this Act or the regulations if the administrator is satisfied that it is in the public interest to do so, or that hardship or injustice has resulted or is likely to result from the requirement to pay the charge.

147         [Repealed]

S.M. 2008, c. 36, s. 29.

MERIT AND DEMERIT STATUS OF CANADIAN FORCES MEMBERS

Definitions

148(1)      The following definitions apply in this section and section 149.

"Canadian Forces member" means

(a) a member of the regular or special force of the Canadian Forces;

(b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;

(c) the spouse or common-law partner of a member, who is living with the member; and

(d) a dependent child or other dependant of a member, who is living with the member. (« membres des Forces canadiennes »)

"driver safety rating" means the driver safety rating assigned to a person under the driver safety rating system established by the regulations under The Manitoba Public Insurance Corporation Act. (« cote de conduite »)

Application of this section

148(2)      This section applies to a person whose driver's licence expires while he or she is absent from Manitoba as a Canadian Forces member.

Merit consideration for Canadian Forces members

148(3)      If a person referred to in subsection (2) applies for renewal of his or her driver's licence and is issued a new licence, the registrar may, for the purposes of the person's driver safety rating, treat the person as though he or she held a valid driver's licence throughout the person's absence from Manitoba.

S.M. 2008, c. 36, s. 30.

Merit and demerit status: Canadian Forces

149(1)      When a driver's licence is issued under this Act to a Canadian Forces member who previously held a driver's licence issued by the government of a province or territory of Canada or by the Commander, Canadian Forces Europe, the registrar must, to establish the member's driver safety rating, review his or her out-of-province driving record.

Forces member must provide information

149(2)      To assist the registrar to establish the member's driver safety rating, the member must provide the registrar with any information or document that the registrar requires.

Forces member may provide additional information

149(3)      The member may ask the registrar to consider additional information or documents that the member provides.

Information must be acceptable to the registrar

149(4)      The registrar may refuse to consider any information or document that he or she believes is unreliable or otherwise unacceptable.

Registrar may determine merits and demerits

149(5)      After reviewing the member's out-of-province driving record, the registrar must establish the member's driver safety rating by assigning the member the number of merit marks or demerit points that the registrar considers the member would have had if he or she had been resident in Manitoba throughout the period covered by the information or documentation considered by the registrar.

S.M. 2008, c. 36, s. 31.

FACIAL RECOGNITION SOFTWARE

Definition of "facial recognition software"

149.1(1)    In this section, "facial recognition software" means software that measures a person's unique invariable facial characteristics and compares them with other such measurements of the same person or other persons.

Using facial recognition software

149.1(2)    In accordance with the regulations, the registrar may use facial recognition software, or any other prescribed technology-based means of identity verification, for any of the following purposes:

(a) to identify, or verify the identity of, a person who applies for or holds

(i) a driver's licence, or

(ii) an identification card under Part 8.1;

(b) to maintain the integrity of the driver licensing and identification card systems, and to prevent abuse of the systems.

Comparing images

149.1(3)    For the purposes set out in subsection (2) the registrar may, in accordance with the regulations, compare the photograph of a person who applies for or holds a driver's licence or identification card to other photographs of the person, and to the photographs of other persons, that are contained in records maintained by the registrar.

Regulations

149.1(4)    The Lieutenant Governor in Council may make regulations

(a) respecting facial recognition software and identity verification, including

(i) prescribing other technology-based means of identity verification,

(ii) authorizing the registrar to disclose to specified persons or classes of persons information, including personal information, obtained by facial recognition software and other technology-based means of identity verification,

(iii) governing the manner in which the registrar may use facial recognition software and other technology-based means of identity verification, and

(iv) prescribing reasonable administrative, technical and physical safeguards that the registrar must adopt to protect the confidentiality, security, accuracy and integrity of the information about persons obtained by facial recognition software and other technology-based means of identity verification and to protect the privacy of the persons whom the information is about;

(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 2008, c. 36, s. 32.

PART 8.1

IDENTIFICATION CARDS

DEFINITIONS

Definitions

150         The following definitions apply in this Part.

"basic identification card" means an identification card that is not an enhanced identification card. (« carte d'identité ordinaire »)

"enhanced identification card" means an identification card that is an enhanced form of identification intended to meet the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water. (« carte d'identité améliorée »)

"identification card" means an identification card that may be issued under this Part. (« carte d'identité »)

S.M. 2008, c. 36, s. 33.

IDENTIFICATION CARD IS VOLUNTARY

Identification card is voluntary

150.1(1)    No person is required to obtain an identification card.

Service not to be refused for lack of enhanced identification card

150.1(2)    A person must not refuse to provide a service to another person or to allow the other person access to a service or a place because the other person does not hold or cannot produce an enhanced identification card.

S.M. 2008, c. 36, s. 33.

APPLYING FOR AN IDENTIFICATION CARD

Applying for an identification card

150.2(1)    A person applying for an identification card must

(a) apply in the form required by the registrar;

(b) provide the registrar with the information and documents that the registrar requires to be satisfied that the person is eligible to hold the identification card, or that the regulations require the applicant to provide;

(c) provide the registrar with any consent that the registrar requires to verify the person's eligibility to hold the identification card;

(d) pay the charge for the identification card that is specified in the regulations under The Highway Traffic Act; and

(e) allow himself or herself to be photographed in accordance with the registrar's requirements, unless the regulations exempt him or her from being photographed.

Additional enhanced identification card requirements

150.2(2)    In addition to complying with subsection (1), a person applying for an enhanced identification card must

(a) pay the additional charge specified in the regulations under The Highway Traffic Act for an enhanced identification card;

(b) consent in writing, in the form required by the registrar, to the registrar obtaining, using, sharing and disclosing personal information about the person

(i) to verify the person's eligibility to hold the identification card, and

(ii) as required under an agreement under section 150.15;

(c) provide the registrar with the information and documents that the registrar requires to be satisfied that the person meets the eligibility criteria for the card; and

(d) if so required by the registrar,

(i) participate in interviews to provide and verify required information and documents, and

(ii) cooperate in providing and verifying the information and documents.

S.M. 2008, c. 36, s. 33.

ADMINISTRATOR RETAINS CHARGES

Administrator may retain charge revenue

150.3       The administrator may retain as it own revenue the charges paid under clauses 150.2(1)(d) and (2)(a) and any other charges paid by persons for services in relation to identification cards.

S.M. 2008, c. 36, s. 33.

FORM AND CONTENT OF IDENTIFICATION CARD

Form and content of an identification card generally

150.4(1)    Subject to the regulations, the registrar may issue an identification card in any physical form that the registrar considers appropriate and may require that the identification card

(a) display a facsimile version of the card holder's signature;

(b) display information that the registrar considers necessary about the card holder; and

(c) contain information that the registrar considers necessary about the card holder in machine-readable form.

Identification card must display photo of holder

150.4(2)    An identification card issued to a person must, in accordance with the registrar's requirements, display his or her photograph, unless it is a basic identification card and the person is exempted by the regulations.

Additional features of an enhanced identification card

150.4(3)    Without limiting the application of subsections (1) and (2), the registrar may require that an enhanced identification card display or contain any information and include any features that are required to comply with the regulations or an agreement under section 150.15.

Non-complying identification card is not valid

150.4(4)    An identification card is not valid unless

(a) it is issued by the registrar;

(b) it is in the physical form in which the registrar issues that type of identification card; and

(c) it complies with

(i) subsection (2),

(ii) any requirements imposed by the registrar under subsection (1) or (3), and

(iii) any requirements set out in the regulations.

S.M. 2008, c. 36, s. 33.

REQUIREMENT TO PROVE AGE AND OTHER PARTICULARS

Proof of age

150.5(1)    The registrar may require a person who applies for an identification card to produce for inspection an official birth certificate, or other proof of the date of his or her birth satisfactory to the registrar.

Documents as proof of identity and residence

150.5(2)    A person who applies for an identification card or a renewal, replacement or reinstatement of an identification card must on request and in accordance with the regulations produce to the registrar the documents that the registrar requires as proof

(a) of the person's identity;

(b) that the person resides in Manitoba; and

(c) in the case

(i) of a basic identification card, that the person is entitled under the laws of Canada to be in Canada during its period of validity, and

(ii) of an enhanced identification card, that the person meets the eligibility criteria for it.

S.M. 2008, c. 36, s. 33.

DECLARATIONS BY APPLICANT

Declaration by applicant

150.6(1)    When a person applies for an identification card, the person must make a declaration in the form and containing the information the registrar requires.

Additional declaration re enhanced identification card

150.6(2)    In addition to complying with subsection (1), a person who applies for an enhanced identification card must make a declaration that satisfies the registrar that the person meets the eligibility criteria for the card.

S.M. 2008, c. 36, s. 33; S.M. 2013, c. 54, s. 25.

WHEN A CARD MUST NOT BE ISSUED

Restrictions on issuing an identification card

150.7(1)    The registrar must not issue an identification card

(a) to a person under the age of 18 years, except as permitted by the regulations;

(b) to a person who does not satisfy the registrar that he or she is a resident of Manitoba;

(c) to a person who does not satisfy the registrar as to his or her date of birth or identity; or

(d) to a person who does not satisfy the registrar that he or she is entitled under the laws of Canada to be in Canada during the identification card's period of validity.

Issuing to a temporary resident

150.7(2)    If a person applying for a basic identification card or for the renewal of a basic identification card is not a permanent resident of Canada, the registrar must not issue the identification card for longer than the period during which, under the laws of Canada, the person is entitled to be in Canada.

Restrictions on issuing enhanced identification card

150.7(3)    In addition to complying with subsection (1), the registrar must not issue an enhanced identification card to a person who does not satisfy the registrar that he or she meets the eligibility criteria for it.

Notice of refusal to issue an identification card

150.7(4)    When the registrar refuses to issue an identification card to a person for any of the reasons set out in subsection (1) or (3), the registrar

(a) may give the person a written notice of refusal stating the reason for the refusal; and

(b) must give the person a written notice of refusal stating the reason for the refusal if the person requests the notice within six months after the registrar's refusal.

No appeal against refusal

150.7(5)    Subject to subsection (6), the registrar's refusal to issue an identification card is final and not subject to appeal.

Review of decision to refuse basic identification card

150.7(6)    If the registrar refuses to issue a person a basic identification card under subsection (1), the person may, in accordance with the regulations, ask the registrar to review the decision.  In accordance with the regulations, the registrar must then review the decision and give the person a written notice stating the results of the review.

S.M. 2008, c. 36, s. 33.

CHANGE OF NAME OR ADDRESS

Change of name or address

150.8       An identification card holder who changes his or her name or address must, within 15 days after the change, notify the registrar of his or her new name or new address.  On request from the registrar, the identification card holder must provide the registrar with documentation satisfactory to the registrar to verify the new address or show that the change of name complies with the laws of Manitoba.

S.M. 2008, c. 36, s. 33.

PERIOD OF VALIDITY

Period of validity of an identification card

150.9       An identification card is valid for the period determined under the regulations.

S.M. 2008, c. 36, s. 33.

RECORDS AND INFORMATION SECURITY

Records

150.10(1)     The registrar must maintain records that he or she considers necessary for the proper administration of this Part or the regulations under this Part, including, but not limited to,

(a) records about identification cards and persons who apply for or hold them; and

(b) records of the photographs of persons who apply for or hold identification cards.

Duty to adopt security safeguards

150.10(2)     The registrar must, in accordance with the regulations, adopt reasonable administrative, technical and physical safeguards that protect

(a) the confidentiality, security, accuracy and integrity of the records and the personal information in the records; and

(b) the privacy of the persons whom the personal information is about.

S.M. 2008, c. 36, s. 33.

Limited access to photographs

150.11(1)     Except as permitted under sections 150.12 to 150.14, the registrar must not provide access to or a copy of a person's identification card photograph to anyone other than

(a) a government, department or agency that is entitled to the access or copy under an agreement under section 150.15; or

(b) person who is authorized to provide a service under clause 138(1)(a) or (a.1).

Limit on access to photos re providing services

150.11(2)     Under clause (1)(b), the registrar must provide access to or a copy of a person's identification card photograph only to the extent necessary for the service to be provided and only in accordance with the agreement required by subsection 138(3).

S.M. 2008, c. 36, s. 33.

Access to information to make identification cards

150.12(1)     Subject to subsections (2) and (3), the registrar may, for the purpose of having identification cards made, provide access to or copies of personal information about persons who apply for or hold identification cards to a person who makes identification cards under an agreement with the administrator.

Limit on personal information provided

150.12(2)     The registrar must limit the amount of personal information accessed or provided to the minimum amount necessary to have the identification cards made.

Agreement must provide for security of information

150.12(3)     The administrator must ensure that the agreement with the person making the identification cards contains provisions requiring the person to adopt reasonable administrative, technical and physical safeguards that protect

(a) the confidentiality, security, accuracy and integrity of the personal information accessed or provided; and

(b) the privacy of the persons whom the personal information is about.

S.M. 2008, c. 36, s. 33.

Access to information by certain persons

150.13(1)     The registrar must, on request and at no charge, provide access to or copies of records and personal information maintained under this Part to the following persons for the following purposes:

(a) a member of the Royal Canadian Mounted Police, police officer, police constable, constable or any other person employed to preserve and maintain the public peace, for the purpose of enforcing an Act or regulation of Manitoba or Canada;

(b) the minister for the purpose of carrying out his or her responsibilities under this Act;

(c) another person or class of persons authorized by the regulations, for a purpose prescribed by the regulations.

Limits on personal information provided

150.13(2)     The registrar must limit the amount of personal information provided under subsection (1) to the minimum amount necessary to accomplish the purpose for which it is provided.

S.M. 2008, c. 36, s. 33.

Other disclosures authorized by law

150.14      Nothing in this Part prevents or restricts the registrar from providing or disclosing records or information when authorized or required to do so by law, including, but not limited to, by this Act or The Freedom of Information and Protection of Privacy Act.

S.M. 2008, c. 36, s. 33.

ENHANCED IDENTIFICATION CARD AGREEMENT

Agreement respecting enhanced identification cards

150.15(1)     The minister may enter into an agreement with the Government of Canada or the Government of the United States, or with an agency of either government, respecting enhanced identification cards and respecting any matter necessary or advisable to allow them to be used as a form of identification for the purpose of meeting the requirements under the Western Hemisphere Travel Initiative for entry into the United States by land or water.

Information disclosure and security

150.15(2)     Without limiting the generality of subsection (1), an agreement under that subsection

(a) may provide, in accordance with the consents provided by persons under clause 150.2(2)(b), for the disclosure

(i) by the registrar to the Government of Canada or a department or agency of that government, and

(ii) by the Government of Canada or the department or agency to the Government of the United States or an agency of that government,

of personal information about persons that is necessary to allow their enhanced identification cards to be used for the purpose set out in subsection (1); and

(b) must contain provisions respecting reasonable safeguards to protect

(i) the confidentiality, security, accuracy and integrity of the personal information, and

(ii) the privacy of the persons whom the personal information is about.

S.M. 2008, c. 36, s. 33.

OFFENCES AND PENALTIES

Offences

150.16(1)     No person shall

(a) make a false or misleading statement in an application for an identification card;

(b) permit another person to use his or her identification card;

(c) use another person's identification card;

(d) except as permitted by subsection (3), possess another person's identification card without the other person's permission;

(e) alter an identification card so as to be misleading or falsify an identification card;

(f) possess or use an identification card that has been altered so as to be misleading, or that has been falsified; or

(g) possess or use a fictitious document purporting to be an identification card.

Penalty

150.16(2)     A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 117(1).

Exception re parents and others

150.16(3)     In the case of a child's identification card, clause (1)(d) does not apply to

(a) a parent or guardian of the child;

(b) a person who possesses the identification card with the permission of a parent or guardian of the child; or

(c) another person who has possession of the identification card while he or she is responsible for the child's care or supervision.

S.M. 2008, c. 36, s. 33.

REGULATIONS

Regulations

150.17(1)     The Lieutenant Governor in Council may make regulations

(a) respecting identification cards, including,

(i) respecting the issuance, renewal, suspension, cancellation and expiration of identification cards and their period of validity, including the circumstances in and conditions under which an identification card may be issued to a person under the age of 18 years,

(ii) respecting reviews by the registrar for the purposes of subsection 150.7(6);

(iii) respecting information, documents and consents that a person may be required to provide to the registrar in relation to an application for an identification card, or for the renewal, replacement or reinstatement of an identification card,

(iv) respecting documents required as proof of identity and residence for the purposes of subsection 150.5(2), or as proof that a person is entitled to be in Canada and of the length of the entitlement for the purposes of that subsection,

(v) establishing rules for determining when a person is not a resident of Manitoba for the purpose of clause 150.7(1)(b),

(vi) respecting the eligibility criteria for an enhanced identification card,

(vii) respecting the physical form of an identification card and the information that an identification card must display, contain or be able to store,

(viii) respecting the exemption of persons or classes of persons from the requirement to be photographed for the purpose of issuing a basic identification card, and

(ix) restricting persons or classes of persons from holding an identification card, including persons who hold other identification that serves the same purpose and is issued by the government or an agency of the government;

(b) respecting the registrar's maintenance, collection, storage and protection of records and personal and other information under this Part;

(c) respecting disclosure of and access to records and personal and other information under this Part, including

(i) authorizing the registrar to give specified persons or classes of persons access to or copies of records and personal information maintained under this Part and the regulations,

(ii) prescribing the purposes for and conditions under which the access or copies may be given, and

(iii) respecting a person's right of access to the person's own records and personal and other information, including restrictions on that access;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Application of regulations

150.17(2)     A regulation made under subsection (1) may be general or particular in its application and may apply to one or more classes of persons, and to the whole or any part of the province.

S.M. 2008, c. 36, s. 33.

PART 9

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

151 to 162  

NOTE: These sections made up Part 9 of the original Act and contained consequential amendments to other Acts that are now included in those Acts.

PART 10

TRANSITIONAL PROVISIONS, C.C.S.M. REFERENCE AND COMING INTO FORCE

TRANSITIONAL PROVISIONS

Drivers and Drivers' Licences

Definition of "former Act"

163         In sections 164 to 166 and 168 to 170, "former Act" means The Highway Traffic Act as it read immediately before the day this Act comes into force.

Status of existing driver's licences

164(1)      A driver's licence that is issued under Part II of the former Act and that is valid on the day this Act comes into force is deemed to have been issued under this Act.  The driver's licence

(a) is valid under this Act until the expiry date stated in it, unless it is sooner suspended or cancelled under this Act or The Highway Traffic Act; and

(b) continues to be subject to any conditions or restrictions imposed on it under the former Act.

Suspension and cancellation of deemed drivers' licences

164(2)      The registrar may, for cause under any applicable provision of this Act or The Highway Traffic Act, suspend or cancel the driver's licence, whether the event for which the suspension or cancellation is imposed occurs before or after this Act comes into force.

Licence suspensions under the former Act

164(3)      Despite the repeal of provisions of the former Act, if on the day this Act comes into force a person's driver's licence or right to hold a driver's licence is under suspension, the person's driver's licence is cancelled or the person is disqualified from driving

(a) the suspension, cancellation or disqualification continues;

(b) any conditions imposed in relation to the suspension, cancellation or disqualification, including reinstatement requirements, continue to apply; and

(c) except in the case of a suspension, cancellation or disqualification under section 30, 167, 269, 273, 273.1, 273.3 or 273.4 of the former Act, additional conditions and requirements may be imposed under this Act.

Continuation of requirements

164(4)      A driver licensing requirement set out in or imposed under the former Act is deemed to be a requirement set out in or imposed under this Act if

(a) the person liable to comply with the requirement has not complied on the day this Act comes into force; and

(b) this Act contains a comparable requirement or a comparable power to impose it.

Driving records continued

165(1)      The driving records maintained by the Registrar of Motor Vehicles under the former Act are continued under this Act.  After this Act comes into force, a person's driving record under the former Act forms part of the person's driving record under this Act.

Merit marks and demerit points carried forward

165(2)      For greater certainty, merit marks or demerit points on a person's driving record under the former Act on the day this Act comes into force form part of the person's driving record under this Act.

Awarding merit marks for a transitional period

165(3)      When awarding merit marks under this Act, the registrar may consider a driver's licence held under the former Act in determining, for the purpose of clause 147(2)(a), whether the person held a driver's licence throughout the relevant period.

Considering past driving record and performance

165(4)      The registrar may consider a person's driving record and performance under the former Act for any purpose of this Act in respect of which the person's driving record or performance is relevant, including, but not limited to,

(a) suspending or cancelling the person's driver's licence under this Act; or

(b) taking an action under section 18 (medical requirements), 21 (reinstatement of impaired persons), 22 (alcohol assessments for repeated suspensions) or 29 (driver improvement measures).

Motor Vehicle and Trailer Registrations

Status of existing motor vehicle and trailer registrations

166(1)      A motor vehicle or trailer that is validly registered under Part I of the former Act on the day this Act comes into force is deemed to have been registered under this Act.  The vehicle's registration

(a) is valid under this Act until the day it would have expired under the former Act, unless it is sooner suspended or cancelled under this Act or The Highway Traffic Act; and

(b) continues to be subject to any conditions or restrictions imposed on it under the former Act.

Suspension and cancellation of deemed registrations

166(2)      The registrar may, for cause under any applicable provision of this Act or The Highway Traffic Act, suspend or cancel the motor vehicle's or trailer's registration, whether the event for which the suspension or cancellation is imposed occurs before or after this Act comes into force.

Registration suspensions under the former Act

166(3)      Despite the repeal of provisions of the former Act, if on the day this Act comes into force a person's vehicle registration or right to register a vehicle is under suspension, the person's vehicle registration is cancelled or the person is disqualified from registering a vehicle,

(a) the suspension, cancellation or disqualification continues;

(b) any conditions imposed in relation to the suspension, cancellation or disqualification, including reinstatement requirements, continue to apply; and

(c) except in the case of a suspension, cancellation or disqualification under section 4.11, 4.12.2, 4.12.3, 4.13, 4.14, 273, 273.1, 275 or 327 of the former Act, additional conditions and requirements may be imposed under this Act.

Continuation of requirements

166(4)      A vehicle registration requirement set out in or imposed under the former Act is deemed to be a requirement set out in or imposed under this Act if

(a) the person liable to comply with the requirement has not complied on the day this Act comes into force; and

(b) this Act contains a comparable requirement or a comparable power to impose it.

Off-Road Vehicle Registrations

Status of existing off-road vehicle registrations

167(1)      An off-road vehicle that is validly registered under The Off-Road Vehicles Act on the day this Act comes into force is deemed to have been registered under this Act.  The vehicle's registration

(a) is valid under this Act until the day it would have expired under The Off-Road Vehicles Act, unless it is sooner suspended or cancelled under this Act, The Highway Traffic Act or The Off-Road Vehicles Act; and

(b) continues to be subject to any conditions or restrictions imposed on it under The Off-Road Vehicles Act.

Suspension and cancellation of deemed registrations

167(2)      The registrar may, for cause under any applicable provision of this Act, The Highway Traffic Act or The Off-Road Vehicles Act, suspend or cancel the off-road vehicle's registration, whether the event for which the suspension or cancellation is imposed occurs before or after this Act comes into force.

Registration suspensions under the former Act

167(3)      Despite the repeal of provisions of the former Act, if on the day this Act comes into force a person's off-vehicle registration or right to register an off-road vehicle is under suspension, the person's off-road vehicle registration is cancelled, or the person is disqualified from registering an off-road vehicle,

(a) the suspension, cancellation or disqualification continues;

(b) any conditions imposed in relation to the suspension, cancellation or disqualification, including reinstatement requirements, continue to apply; and

(c) except in the case of a suspension, cancellation or disqualification under section 55 or 56.1 of The Off-Road Vehicles Act, additional conditions and requirements may be imposed under this Act.

Continuation of requirements

167(4)      An off-road vehicle registration requirement set out in or imposed under The Off-Road Vehicles Act before the day this Act comes into force is deemed to be a requirement set out in or imposed under this Act if

(a) the person liable to comply with the requirement has not complied on the day this Act comes into force; and

(b) this Act contains a comparable requirement or a comparable power to impose it.

Dealers' Permits and Other Permits

Application of section

168(1)      This section applies to the following permits under the former Act:

(a) driver instruction school permits;

(b) driving instructors' permits;

(c) dealers' permits;

(d) salespersons' permits;

(e) recyclers' permits;

(f) inspection station permits;

(g) qualified mechanics' permits.

Status of existing dealers' and other permits

168(2)      A permit that is valid on the day this Act comes into force is deemed to have been issued under this Act.  The permit

(a) is valid under this Act until the expiry date stated in it, unless it is sooner suspended or cancelled under this Act; and

(b) continues to be subject to any conditions or restrictions imposed on it under the former Act.

Suspension and cancellation of deemed permits

168(3)      The registrar may, for cause under any applicable provision of this Act, suspend or cancel a permit referred to in subsection (2), whether the event for which the suspension or cancellation is imposed occurs before or after this Act comes into force.

Suspensions of dealers' and other permits under the former Act

168(4)      Despite the repeal of provisions of the former Act, if on the day this Act comes into force a person's permit is under suspension or is cancelled,

(a) the suspension or cancellation continues; and

(b) any conditions imposed in relation to the suspension or cancellation, including reinstatement requirements, continue to apply.

Continuation of requirements

168(5)      A requirement in relation to a permit set out in or imposed under the former Act before the day this Act comes into force is deemed to be a requirement set out in or imposed under this Act if

(a) the person liable to comply with the requirement has not complied on the day this Act comes into force; and

(b) this Act contains a comparable requirement or a comparable power to impose it.

Applications for Licences, Permits Registrations and Other Services

Status of applications under former Act

169         When a person has applied for a driver's licence, permit, vehicle registration or other service under the former Act and the service has not been provided before this Act comes into force,

(a) the application is deemed to have been made for the comparable service under this Act; and

(b) the comparable service is to be provided under this Act if the person meets all the requirements of the former Act for the service.

Registrar's Certificates

Registrar's certificates re prosecutions

170(1)      For the purposes of a prosecution under The Highway Traffic Act whether commenced before or after this Act comes into force, a certificate issued by the registrar under this Act has the same status as a comparable certificate that the Registrar of Motor Vehicles under the former Act was authorized to issue before the day this Act comes into force.

Registrar's certificates re other proceedings

170(2)      Subsection (1) applies, with necessary changes, in respect of any other proceeding for which a certificate from the Registrar of Motor Vehicles under the former Act is relevant or applicable.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

171         This Act may be referred to as chapter D104 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

NOTE: S.M. 2005, c. 37, Sch. A came into force by proclamation on March 1, 2006.

 

 


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