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C.C.S.M. c. H40 The Highways and Transportation Act
(formerly The Highways and Transportation Department Act)
Enacted by Proclamation status (for any provisions coming into force by proclamation)

RSM 1987, c. H40

• whole Act

– in force: 1 Feb 1988 (Man. Gaz.: 6 Feb 1988)

Amended by
RSM 1987 Corr.
SM 1987-88, c. 14
(RSM 1987 Supp., c. 17)
SM 1988-89, c. 11, s. 12
SM 1989-90, c. 24, s. 84
SM 1991-92, c. 41, s. 11
SM 1992, c. 11
SM 1992, c. 38, s. 45

• not yet proclaimed

SM 1995, c. 33, s. 9
SM 1997, c. 52, s. 7
SM 1998, c. 39, s. 72

• in force: 2 Jan 1999 (Man. Gaz.: 19 Dec 1998)

SM 1998, c. 51, s. 6
SM 2000, c. 35, s. 47
SM 2004, c. 8, Part 1
SM 2004, c. 42, s. 67
SM 2005, c. 30, s. 212
SM 2006, c. 6
SM 2014, c. 32, s. 32
 

C.C.S.M. c. H40

The Highways and Transportation Act

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

Definitions

1           In this Act

"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)

"departmental road" means

(a) a provincial trunk highway;

(b) a provincial road;

(c) any highway in unorganized territory;

(d) an industrial road;

but does not include parking lots, or roads or driveways, on grounds appurtenant to a public work as defined in The Public Works Act, any highway the cost of construction or maintenance of which is paid from and out of the Consolidated Fund with moneys authorized to be expended for the purposes of any other Act of the Legislature, any highway built and maintained at the expense of the Government of Canada, or any highway built and maintained on private land by the owner of the land; (« route de régime provincial »)

"highway" includes any highway, road, road allowance, street, lane, or thoroughfare, dedicated to the public use as a highway or opened or made as a highway under this or any other Act of the Legislature, and any bridge, floodway, pier, ferry, square or public place, dedicated to the public use as a highway and any highway improvements or works thereon or appurtenant thereto; (« voie publique »)

"industrial road" means any highway or any portion thereof, declared by the Lieutenant Governor in Council as an industrial road; (« route industrielle »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" includes The City of Winnipeg; (« municipalité »)

"provincial trunk highway" means a highway declared to be a provincial trunk highway under this Act or any Act in force prior to July 1, 1965; (« route provinciale à grande circulation »)

"provincial road" means a highway declared to be a provincial road under this Act or any Act in force prior to the first day of July, 1965; (« route provinciale secondaire »)

"road" means a highway as defined in this section; (« route »)

"road allowance" means any right-of-way surveyed for the purpose of a road by either the Federal or provincial government survey and includes all rights-of-way provided by virtue of any statute for the purpose of road, or any right-of-way properly dedicated to the public use as a highway; (« emprise »)

"structure" means for the purpose of this Act a building and all things constructed, erected, placed or stored above or below the surface of the earth; but does not include a traffic control device as defined in The Highway Traffic Act, wire fences erected for agricultural purposes or mail boxes or survey monuments or posts that are authorized to be placed under the provisions of any Act of the Legislature or Canada. (« construction »)

S.M. 2000, c. 35, s. 47.

2 to 4      [Repealed]

S.M. 2000, c. 35, s. 47.

Departmental roads under control of minister

5(1)        Except as otherwise provided in any other Act of the Legislature or by the Lieutenant Governor in Council, all departmental roads and all property, real and personal, acquired before or after the coming into force of this Act for the purpose of departmental roads, including all lands and temporary or movable structures used in connection with the construction or maintenance of departmental roads, but not including any permanent buildings or structures or land appurtenant thereto are under the control of the minister.

Construction and repair of transportation facilities

5(2)        Except as otherwise provided in any other Act of the Legislature or by the Lieutenant Governor in Council, the minister shall

(a) direct and control the design, construction, improvement, maintenance and repair of all departmental roads and related structures and all airports, ferries and ferry docks owned and operated by government; and

(b) have the control and management of all airports owned and operated by the government, including runways and buildings thereon and all property acquired for the purpose of the maintenance and operation thereof and all docks owned and operated by the government including lands therefore and buildings thereon and all ferries owned and operated by the province.

Acquisition of property

6(1)        The minister, for and in the name of the Crown, may acquire by purchase, lease, expropriation, or otherwise, any real property or by purchase, lease, or otherwise, any personal property that the minister deems necessary for departmental roads, airports or docks or for purposes connected therewith; and he or she may hold, manage, and develop any such property.

Highway drainage

6(2)        With the consent of the Minister of Agriculture, Food and Rural Development, the minister may construct and maintain, and acquire land under subsection (1) for the purpose of, drains draining water from departmental roads.

Disposal of surplus property

6(3)         Notwithstanding The Crown Lands Act, but subject to subsections (4), (5), (6) and (7), the minister

(a) with the approval of the Lieutenant Governor in Council, may sell, exchange, convey, or otherwise dispose of or turn to account, any such real or personal property or any part thereof, or any estate or interest therein; or

(b) with like approval, may lease any such real property where the annual rental value thereof is, in the opinion of the minister, more than $25,000.; or

(c) without that approval, may lease any such real property where the annual rental value thereof is, in the opinion of the minister, less than $25,000.; or

(d) without such approval may, subject to section 25, lease any such personal property.

Disposal of property under $25,000. in value

6(4)        Where the value of the real or personal property to be sold, or disposed of, does not, in the opinion of the minister, exceed $25,000., the approval of the Lieutenant Governor in Council to the sale or disposal thereof is not required unless the property consists of two or more parcels or items that form part of, or are sold in, a group, lot, or set, and the aggregate value of all the parcels or items is more than $25,000.

Lease of property pending use

6(4.1)      Real property that is acquired by the minister under subsection (1) for a departmental road, airport or dock or for purposes connected therewith and is not immediately required for those purposes may be leased as provided in subsection (3) until it is required or is otherwise disposed of as provided in this Act.

"Trade-in" not a sale

6(5)        Where, on a purchase of personal property for the Crown, other personal property of the Crown of a kind similar to, and of less value than, the property purchased is delivered and transferred to the vendor in part payment of the purchase price, and title thereto is conveyed to the vendor, the delivery, transfer, and conveyance, shall be deemed not to be a sale of the other personal property within the meaning of this section.

Sale of materials to municipalities, etc.

6(6)        The minister may sell to

(a) a municipality; or

(b) a board, commission, association, or other body, whether incorporated or unincorporated, that is established under an Act of the Legislature, all the members of which or all the members of the board of management or board of directors of which

(i) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council; or

(ii) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are directly or indirectly responsible to the Crown; or

(c) The University of Manitoba, The University of Winnipeg or Brandon University; or

(d) a contractor for use in constructing or maintaining provincial roads or highways for a municipality, or for a board, commission, association, or body to which clause (b) or (c) refers;

materials on hand that are surplus to the requirements of, or are not immediately required for the purposes of, the department.

Land dealt with under Crown Lands Act

6(7)        Where the minister decides that any land acquired for, or used in connection with, a departmental road or for drains draining departmental roads is no longer required for that purpose, the minister may by written order direct that it be dealt with under The Crown Lands Act, and thereafter the land is Crown lands within the meaning of that Act and is subject to the control and management of the minister appointed by the Lieutenant Governor in Council to administer that Act.

S.M. 1992, c. 11, s. 2; S.M. 1998, c. 51, s. 6; S.M. 2000, c. 35, s. 47; S.M. 2004, c. 42, s. 67; S.M. 2014, c. 32, s. 32.

Declaration of provincial trunk highways and provincial highways, etc.

7(1)        The Lieutenant Governor in Council may, by regulation,

(a) declare a highway or part thereof to be a provincial trunk highway;

(b) declare a highway or a part thereof to be a provincial road;

(c) declare any highway or any portion thereof to be an industrial road;

(d) to (f) [repealed] S.M. 1997, c. 52, s. 7;

(g) designate numbers by which provincial trunk highways or provincial roads or both shall be known or referred to;

(h) alter the route of any provincial trunk highway or provincial road to which a number has been designated.

Declaration of proposed highways

7(2)        Notwithstanding that

(a) the right-of-way of a proposed highway has not been dedicated to the public use as a highway; or

(b) the property in the right-of-way of a proposed highway has not been acquired by the Crown; or

(c) the right-of-way of a proposed highway has not been surveyed or the full description thereof been ascertained;

the Lieutenant Governor in Council may, by regulation, declare the proposed highway to be a provincial trunk highway or a provincial road or an industrial road by a general description of the proposed highway or the right-of-way.

7(3)        [Repealed] S.M. 1997, c. 52, s. 7.

Designation of highway numbers

7(4)        Notwithstanding that no designation of numbers by which provincial trunk highways or provincial roads or both shall be known has been made, the numbers shown or indicated for provincial trunk highways and provincial roads on the official highway map for the Province of Manitoba published by the department for 1966-67 shall, until varied under subsection (1), be conclusively deemed to have been designated as the numbers for those highways under this Act.

S.M. 1997, c. 52, s. 7.

Control of departmental roads

8(1)        Notwithstanding anything to the contrary in or any other Act of the Legislature, but subject to subsection (2), the jurisdiction over, and the control and possession of, every departmental road are vested in the government; and upon a highway within a municipality becoming a provincial trunk highway or a provincial road or an industrial road, the municipality is thereupon relieved of the responsibility of maintaining and repairing it.

Responsibility of municipality

8(2)        A municipality in which a provincial trunk highway, a provincial road or an industrial road, or any part thereof, is situated is responsible for maintaining and repairing any sidewalks, poles, sewers, waterworks or other municipal works of a like nature, constructed or in the course of construction by the municipality on, over, or under, the highway.

Materials, structures, etc., on departmental roads

8(3)        No person shall

(a) place any material or cause any material to be placed; or

(b) carry out, build, construct, reconstruct, establish or place any works, structures, fixtures, or improvements of any kind, or cause any works, structures, fixtures or improvements of any kind to be carried out, built, constructed, reconstructed, established or placed; or

(c) place or erect any sign, signboard or advertising device, or cause any sign, signboard or advertising device to be placed; or

(d) plant or place any tree, shrub, bush, brush, hedge, or other object or cause any tree, shrub, bush, brush, hedge, or other object to be planted or placed; or

(e) abandon any vehicle or equipment; or

(f) discharge water or other liquid materials into a ditch;

on a departmental road, except with the minister's permission or in accordance with this Act or the regulations.  The minister may impose on permission he or she gives any conditions that he or she considers appropriate.

Liability of municipalities

8(4)        Notwithstanding subsection (1), a municipality or person that or who maintains or repairs the works or structures mentioned in subsection (2) or does any of the things mentioned in subsection (3), is liable for any damages arising out of those works or structures or things to the same extent, and in a like manner, as if jurisdiction over, and control and possession of, the highway were vested in it or the person.

8(5) and (6) [Repealed] S.M. 2006, c. 6, s. 2.

Order for removal

8(7)        The justice by whom a person is convicted of an offence for contravening subsection (3) may, upon application of the Crown made either at the trial or within 30 days thereafter, order the person convicted to remove the thing in respect of which he or she is convicted from the highway within a time specified in the order.

Moving vehicles

8(8)        Where any vehicle or equipment is parked or left on a departmental road in such a way that it

(a) interferes with the maintenance or construction of the road; or

(b) creates a dangerous condition or interferes with traffic on the road;

any officer of, or employee in, the department or any peace officer may move the vehicle or equipment to another location on the departmental road or on any highway intersecting the departmental road in the vicinity where it does not interfere with the maintenance or construction of a departmental road and does not create a dangerous condition or interfere with traffic on the departmental road; and neither the owner nor any other person having any interest in the vehicle or equipment has any right of action against the government, the minister, or the officer or employee of the department or the peace officer for any damages arising out of the moving of the vehicle or equipment.

Removal of vehicles, etc.

8(9)        Where a vehicle or equipment has been abandoned on a departmental road, any officer or employee of the department or peace officer may remove it or cause it to be removed from the departmental road and

(a) place it in storage; or

(b) place it on any unoccupied Crown land; or

(c) dispose of it in such other manner as the minister may direct;

and the cost of the removal, storage, or disposal, is a debt due from the owner of the vehicle or equipment to the government; and the owner has no right to collect any damages from any person arising out of the removal, placing, storage, or disposal.

Meaning of "abandoned"

8(10)       For the purposes of this section, a vehicle or equipment that has been left on a departmental road for a continuous period of 30 days shall be conclusively deemed to have been abandoned.

S.M. 1992, c. 11, s. 3; S.M. 2000, c. 35, s. 47; S.M. 2006, c. 6, s. 2.

Meaning of "authorized employee"

8.1(1)      In this section, "authorized employee" means an officer or employee of the department who is authorized by the minister to exercise the powers given to authorized employees by this section.

Removing unauthorized things from departmental roads

8.1(2)      When a person takes an action in respect of a thing and the action contravenes clause 8(3)(a), (b), (c) or (d), an authorized employee may do any of the following to remove the thing:

(a) if an authorized employee identifies the person who owns or controls the thing,

(i) the employee may direct the person to remove it, immediately or before a specified date, and

(ii) if the person does not comply, the employee may have the thing removed;

(b) if an authorized employee, after making a reasonable effort, cannot identify who owns or controls the thing or can identify the person but cannot contact him or her, the employee may have the thing removed at any time without notice to any person.

Repairing, altering or removing authorized things

8.1(3)      When a person takes an action described in clause 8(3)(a), (b), (c) or (d) with the minister's permission or in accordance with this Act or the regulations, an authorized employee may take the following steps:

(a) an authorized employee may direct the person who owns or controls the thing the action concerns to repair it or deal with it as directed, before a specified date;

(b) if the person does not comply with the direction, an authorized employee may order him or her to remove the thing before a specified date, which must be at least 15 days after the order is sent;

(c) if the person does not comply with the order, an authorized employee may have the thing removed at any time without notice to any person.

How order is to be sent

8.1(4)      An order under clause (3)(b) must be sent to the owner or person in control at his or her last address known to the minister, using a mail or delivery service that provides an acknowledgment of receipt.

Removing safety hazards

8.1(5)      Despite subsections (2) and (3), an authorized employee may remove from a departmental road anything that he or she believes is a hazard to the safety of persons on the road, without notice to any person.

Recovering cost of removal

8.1(6)      The government may at any time recover from the owner the cost of removing a thing under subsection (2), (3) or (5) as a debt due to the Crown.

S.M. 2006, c. 6, s. 3.

Costs of construction, improvement and maintenance

9(1)        The cost of all construction, improvement, servicing, repair, and maintenance, of departmental roads and all airports, docks and related structures owned and operated or to be owned or operated by the government shall be paid out of moneys appropriated by an Act of the Legislature to be paid and applied for the purposes of this Act.

Standards of roads

9(2)        Departmental roads shall be constructed and maintained to such standards as the minister may deem necessary or desirable in each case and not necessarily to the same standard to which any other departmental road is constructed and maintained; and different roads may be constructed and maintained to different standards.

S.M. 1988-89, c. 11, s. 12.

Trunk highways & other highways

10(1)       Where a provincial trunk highway intersects a highway that is not a provincial trunk highway, the continuation of the provincial trunk highway to its full width across the highway so intersected, including bridges and culverts thereon, is part of the provincial trunk highway.

Intersection of provincial roads and other highways

10(2)       Where a provincial road intersects a highway that is not a provincial trunk highway or a provincial road, the continuation of the provincial road to its full width across the highway so intersected, including bridges and culverts thereon, is part of the provincial road.

Intersection of departmental roads and other highways

10(3)       Where a departmental road other than a provincial trunk highway or a provincial road intersects a highway that is not a departmental road, the continuation of the departmental road to its full width across the highway so intersected, including bridges and culverts thereon, is part of the departmental road.

S.M. 1988-89, c. 11, s. 12.

Closing roads for repair

11(1)       Where a departmental road is under construction, or any improvement, repair, maintenance, or work is in progress on a departmental road, the minister, or a person authorized by the minister, may close the departmental road or any portion thereof to traffic for such time as he or she may deem necessary; and any person using a departmental road so closed does so at his or her own risk, and in case of an accident or injury due to the closing of the departmental road, or to the construction, surfacing, improvement, repair, maintenance, or work, the person has no right to recover damages from the government, or any officer or employee in the department, or the person so authorized.

Penalty for removing notice or barrier

11(2)       A person who uses a departmental road closed under subsection (1) or who removes or defaces any notice or obstruction placed thereon by lawful authority, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $2,000., and is also liable to the government for any damages or injury done to the departmental road, or to any property of the government or for any claim against the government arising out of the person's use of the departmental road.

Alternative routes during work on roads

11(3)       Where a departmental road is under construction, or any improvement, repair, maintenance, or work, is in progress on a departmental road, the minister may

(a) provide and keep in repair an alternative route or routes for traffic, including a highway under the jurisdiction of the municipality; or

(b) enter into an agreement with the council of any municipality for the purpose of improving or keeping in repair an alternative route and for the payment of the cost of the improvements and repairs;

and any expenditure made under this section shall be deemed to be part of the cost of construction, surfacing, improvement, repair, maintenance, or work, in progress on the departmental road by reason of which the alternative route is necessary.

S.M. 2000, c. 35, s. 47; S.M. 2006, c. 6, s. 4.

Landscaping on highways

12(1)       The minister may

(a) plant trees, shrubs, or plants; or

(b) plant or sod lawns;

and the cost of procuring, planting, sodding, and maintaining, the trees, shrubs, plants, or lawns shall be deemed to be part of the costs of constructing or maintaining a departmental road.

Acquiring property for planting hedges, etc.

12(2)       For the purpose of planting hedges, shrubs, or trees or erecting snow fences along a departmental road to prevent snow from drifting on to the departmental road, the minister may, as provided in section 6, acquire land adjacent to the departmental road; and the land acquired for that purpose shall be deemed to be a public work under the control of the minister and not part of the departmental road or the road allowance therefor; but the cost of acquiring the land and of procuring, planting, erecting, and maintaining the hedges, shrubs, trees, and snow fences shall be deemed to be part of the cost of constructing or maintaining the departmental road.

Erecting snow fences on private property

13(1)       At any time between October 1 in each year and May 30 next following, the minister, by the officers and employees in the department, may

(a) enter into and upon and occupy any land that is within 90 metres of a departmental road; and

(b) erect, maintain, repair, remove, and replace, snow fences upon any such land for the purpose of preventing snow from drifting on to the departmental road.

Offence re removing snow fences, etc.

13(2)       A person who obstructs or interferes with any officer or employee in the department engaged in exercising, on behalf of the minister, any power conferred under subsection (1), or who takes down, removes, or otherwise interferes with, a snow fence erected under the authority of subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $2,000.

No compensation for snow fences

13(3)       No person is entitled to any rent or other compensation whatsoever in respect of any entry or occupation or the erection or maintenance of snow fences under the authority of subsection (1).

Snow fences deemed a public work

13(4)       A snow fence erected under subsection (1) shall be deemed to be a public work under the control of the minister.

S.M. 1992, c. 11, s. 4; S.M. 2006, c. 6, s. 5.

Erection of structures, etc. close to highway

14(1)       Except under the authority of a permit issued by the minister or the temporary posting of a notice under section 170 of The Planning Act, no person shall

(a) erect, build, or place, or cause to be erected, built, or placed, a structure or fixture on, under, or above the surface of the ground, within 125 feet of a departmental road outside a city, town, or village; or

(b) make, or cause to be made, an addition to such a structure or fixture.

Planting of trees, etc. prohibited

14(2)       No person shall plant or place or cause to be planted or placed, any tree, shrub, hedge or other object that will, or any part thereof that will, encroach upon or overhang a departmental road outside a city, town, village or unincorporated village district.

Planting within 50 feet prohibited

14(3)       Except as may be authorized by a permit issued by the minister, no person shall plant or place, or cause to be planted or placed, any tree, shrub or hedge upon or within 50 feet of a departmental road outside a city, town, village or unincorporated village district.

Removal of unauthorized trees, etc.

14(4)        Except as provided in subsection (3), any tree, shrub or hedge planted or placed upon or within 50 feet of a departmental road outside a city, town, village or unincorporated village district, which creates a hazard to traffic or causes obstruction of view of the roadway, may be removed and the person who planted or placed, or caused to be planted or placed any tree, shrub or hedge is not entitled to any compensation for any loss he or she may have suffered by the removal.

Applications for permits

14(5)       An application for a permit under subsection (1) or (2) shall be accompanied by such plans, designs, specifications, and other information, as the minister may require.

Granting of permits

14(6)       The granting or refusing of a permit under subsection (1) or (2) is in the absolute discretion of the minister, and the permit may be made subject to such conditions as may be specified therein by the minister.

14(7)       [Repealed] S.M. 2006, c. 6, s. 6.

Removal of structures, trees, etc.

14(8)       The justice by whom a person is convicted for an offence for contravening any provision of this section may, upon application of the Crown, made either at the trial or within 30 days thereafter, order the person convicted to remove, within a period specified in the order, the thing in respect of which he or she is convicted.

Removal by minister

14(9)       Where a person fails to comply with an order made under subsection (8), the minister, by the officers and employees in the department, may cause the order to be carried out at the expense of the person in default, and the expense thereof may be recovered from that person as a debt due to the Crown.

Application of subsec. (1) to limited access highway

14(10)      Subsection (1) does not apply to highways that are limited access highways under The Highways Protection Act.

S.M. 1998, c. 39, s. 72; S.M. 2000, c. 35, s. 47; S.M. 2005, c. 30, s. 212; S.M. 2006, c. 6, s. 6.

Agreement for removal of trees, etc.

15          If the minister is of opinion

(a) that the road bed of a departmental road may be injuriously affected by the existence of any structure, tree, shrub, brush, hedge, or other object; or

(b) that any such object may cause the drifting of snow and an accumulation thereof on a departmental road; or

(c) that the vision of pedestrians or drivers of vehicles on a departmental road may be dangerously obstructed by any such object; or

(d) that any such object is unsightly;

the minister may enter into an agreement with the owner of land adjacent to a departmental road for the removal of any such structure of any nature whatsoever, whether on, above, or below the surface of the ground, or any such tree, shrub, brush, hedge, or other object, erected, built, or planted upon the land, and may do all things necessary to carry out the agreement.

S.M. 2000, c. 35, s. 47.

Declaration as provincial trunk highway ceases

16(1)       Where a provincial trunk highway or a portion thereof within a municipality ceases to be declared a provincial trunk highway and is not declared to be a provincial road or industrial road or closed under section 17, the control and possession thereof is relinquished by the government and is revested in the municipality in which it is situated; and the municipality is thereupon responsible for the maintenance and repair thereof.

Declaration as provincial road ceases

16(2)       Where a provincial road or a portion thereof within a municipality ceases to be declared a provincial road and is not declared to be a provincial trunk highway or industrial road or closed under section 17, the control and possession thereof is relinquished by the government and is revested in the municipality in which it is situated; and the municipality is thereupon responsible for the maintenance and repair thereof.

Declaration as industrial road ceases

16(3)       Where an industrial road or a portion thereof within a municipality ceases to be declared an industrial road and is not declared to be a provincial trunk highway or a provincial road or closed under section 17, the control and possession thereof is relinquished by the government and is revested in the municipality in which it is situated, and the municipality is thereupon responsible for the maintenance and repair thereof.

S.M. 1997, c. 52, s. 7.

Closing highways

17(1)       Where a highway or any portion thereof

(a) is not required as a highway; or

(b) is required to be diverted, re-surveyed, or relocated;

the minister may, by written order, close the highway or portion thereof.

Closing of roads on Crown land

17(2)       Where Crown land has been reserved for a highway and

(a) no plan showing the location thereof is registered or filed in a land titles office; and

(b) land or any part thereof ceases to be required for the purposes of a highway;

the minister may, by written order, close the highway or the portion thereof.

Registration of order

17(3)       The minister may cause a certified copy of any order made under subsection (1) or (2) to be registered in the proper land titles office.

Disposal of land

17(4)       Where a highway has been closed under subsection (1) or (2), the land may be disposed of in accordance with section 6 or may, on order of the Lieutenant Governor in Council, be sold, leased, conveyed to, or vested in, any person or otherwise disposed of as the order may direct.

Filing o. in c. in land titles office

17(5)       An order in council made under subsection (4) vesting land in any person, upon the registration of a certified copy thereof in the proper land titles office, operates as a grant or transfer of the land from the Crown to that person.

Effect of vesting in owner of adjoining land

17(6)       Where, by order in council made under subsection (4), the land is vested in the owner of adjoining land, if the order in council so prescribes, the land vests subject to any valid and subsisting mortgage, encumbrance, lien, or charge, to which that adjoining land is subject.

Duties of district registrar

17(7)       Where, under subsection (6), land is vested in the owner of adjoining land subject to a mortgage, encumbrance, lien, or charge, the district registrar

(a) shall make a memorandum on the mortgage, encumbrance, lien, or charge, of the fact that it is affected by the order in council; and

(b) if the land so vested is, or is brought, under The Real Property Act, shall enter a memorial of the mortgage, encumbrance, lien, or charge, in the register on the certificate of title for the land, and record a like memorial on the duplicate certificate of title.

S.M. 1992, c. 11, s. 5.

Agreements with respect to highways in unorganized territory

18          The minister may enter into an agreement with any school district in unorganized territory or with any person, for the construction, improvement, surfacing, or maintenance, of a highway in unorganized territory; and the agreement may provide that the whole or any portion of the cost thereof shall be paid by the school district or person.

Agreements respecting airports

19(1)       The minister may enter into an agreement with a municipality, local government district, airport commission, and community council of an area in Northern Manitoba as that expression is defined in The Northern Affairs Act, or any person, providing for the construction, repairs, operation and maintenance of airports and runways thereon, docks and ferries and to have the cost thereof paid, wholly or in part, by the government.

19(2)       [Repealed] S.M. 1991-92, c. 41, s. 11.

R.S.M. 1987 Supp., c. 17, s. 1; S.M. 1991-92, c. 41, s. 11.

Use of bridges, etc.

20          The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with any person for the use of any bridge, pier, ferry, or right-of-way belonging to that person, and for the payment of any portion of the cost of construction, repair, or maintenance, thereof by the government.

Agreements with respect to highways in cities, towns, etc.

21(1)       For the purpose of assisting in the construction and reconstruction of highways in cities, towns, villages, and unincorporated village districts, the minister may enter into agreements with a city, town, or village, or the municipality in which the unincorporated village district is situated, and may agree to have the work done, and have the material supplied, wholly or in part by the government, and to have the cost thereof paid, wholly or in part, by the government.

Government contribution

21(2)       Where a municipality does or pays for work or supplies or pays for materials, the cost of which is to be paid, in whole or in part, by the government under an agreement made under subsection (1), the amount required to be paid by the government shall be paid to the municipality from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Municipal contribution

21(3)       Where the government does or pays for work or supplies or pays for materials, the cost of which is to be paid, in whole or in part, by a municipality under an agreement made under subsection (1), the amount required to be paid by the municipality shall be paid by the municipality to the government and shall be credited in the Consolidated Fund to the account for funds authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Responsibility of municipality to maintain highways

21(4)       The municipality shall properly maintain and keep in repair all highways under jurisdiction of the municipality in respect of which assistance has been given under this section.

Power of minister to maintain

21(5)       Where, in the opinion of the minister, highways in respect of which assistance has been given to a municipality under this section are not properly repaired and maintained, the minister may do or cause to be done such things as he or she deems necessary in order properly to maintain or repair the highways.

Cost of maintenance

21(6)       Where the minister maintains or repairs a highway under subsection (5), the cost thereof shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act; but, upon the order of the Lieutenant Governor in Council, the minister charged with administration of The Municipal Affairs Administration Act shall collect from the municipality, by levies made under The Municipal Affairs Administration Act, the amount of the cost of the repairs and maintenance and the moneys so collected shall be credited in the Consolidated Fund to the account for funds authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

S.M. 1989-90, c. 24, s. 84; S.M. 2000, c. 35, s. 47.

Power of minister as to contracts

22(1)       The minister may make with any person or firm any contract that may be necessary or advisable in carrying out any provision of this Act or of any other Act of the Legislature; but no deeds, contracts, documents, or writings, are binding upon the government or upon the minister, or shall be held to be acts of the minister, unless signed by him or her and sealed with the seal of the department.

Duty to invite tenders

22(2)       The minister shall invite tenders by public advertisement for the construction and repair of all departmental roads, airports, docks and related structures, except in cases of pressing emergency, where delay will be injurious to the public interest, or where from the nature of the work it can, in the opinion of the minister, be more expeditiously and economically executed by order or by such other arrangement as the minister directs, or by officers or employees of the department or of some other department or branch of the executive government.

Where lowest tender not accepted

22(3)       Where it seems to the minister to be inexpedient to let any contract in an amount that is more than $50,000. to the lowest bidder, the minister shall report the fact to, and obtain the authority of, a committee of the Executive Council, before passing by the lowest tender.

Execution of contracts

22(4)       Except on the authority of the minister, no money shall be paid to a contractor, nor shall any work be commenced on a contract, until the contract has been signed by all parties therein named and the requisite security has been given.

Security for performance of contract

22(5)       Where work on a departmental road, airport, dock or related structure is being carried out under a contract and in all other cases, the minister shall take all reasonable care that security is given to, and in the name of, Her Majesty for the due performance of the work at a cost to Her Majesty not exceeding the amount fixed therefor, and within the time specified for its completion.

Contracts to enure to Her Majesty

22(6)       Every contract respecting work on a departmental road, airport, dock or related structure, or property, real or personal, under the control of the minister, entered into, whether before or after the coming into force of this Act, by the minister or by any other person duly authorized to enter into it, enures to the benefit and use of Her Majesty, and may be enforced as if it had been entered into with Her Majesty under the authority of this Act.

S.M. 1995, c. 33, s. 9; S.M. 2000, c. 35, s. 47.

Interest on hold backs

23(1)       Where a contract made under this Act by the minister provides for the contract price payable under the contract or any part thereof to be held back for any period after the work, services or materials to be done or provided under the contract and for which the contract price is to be paid has been completed or provided, as the case may be, the government shall pay interest on the amount held back calculated from the day on which the amount would otherwise have been payable if the contract had not provided for the moneys to be held back to the date on which the amount is actually paid at a rate and compounded as prescribed in the regulations.

Minimum interest payable

23(2)       If the amount of interest calculated under subsection (1) is less than $20., no interest is payable under that subsection.

S.M. 1995, c. 33, s. 9.

Power of minister to acquire supplies

24(1)       The minister may purchase, rent, hire, lease, and use, any materials, supplies, tools, or equipment, required to carry out this Act; and may carry out any operations that, in the minister's opinion, may be necessary for constructing, performing, or carrying out, any work on departmental roads, airports, docks, or ferries under this Act.

Control of supplies by minister

24(2)       All materials, supplies, tools, and equipment, to which reference is made in subsection (1), are under the control and authority of the minister.

S.M. 2000, c. 35, s. 47.

Power of minister to lease supplies

25(1)       The minister may rent, hire, or lease, any tools, machinery, or equipment, under his or her control or authority to any person or firm for such period and subject to such terms and conditions as the minister may prescribe.

Disposal of rentals, etc.

25(2)       Moneys received by the minister for the rent, hire, or lease, of tools, machinery, or equipment, shall be credited in the Consolidated Fund to the account for funds authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

S.M. 2000, c. 35, s. 47.

Sale of sand and gravel, etc.

26(1)       The minister may sell sand and gravel from lands purchased, or from Crown lands reserved, for the purposes of departmental roads.

Moneys from sale of gravel from purchased lands

26(2)       Moneys received by the minister for the sale of gravel from lands purchased for the purposes of departmental roads shall be credited in the Consolidated Fund to the account for funds authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Moneys from sale of gravel from Crown lands

26(3)       Moneys received by the minister for the sale of sand and gravel from Crown lands reserved for the purposes of departmental roads shall be credited in the Consolidated Fund to the account to which royalties received for the sale of sand and gravel from Crown lands are credited.

Highways outside province

27(1)       The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the Government of Canada, with the government of another province, or the government of a state of the United States of America that is contiguous to Manitoba, respecting the acquisition and use of land for, and the construction, improvement, surfacing, maintenance, and repair of, a highway wholly or partially outside Manitoba and payment by the government of the whole or part of the cost thereof; and the minister may do such things as are necessary to carry out the agreement.

Cost

27(2)       Any amount required to be paid by the government under an agreement made under subsection (1) shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Actions brought by Attorney General

28          All actions, suits, and other proceedings, at law or in equity, for the enforcement of any contract or for the recovery of damages for any tort or breach of contract, or for the trial of any right in respect of any property, real or personal, under the control of the minister shall be instituted in the name of the Attorney General for the province.

S.M. 2000, c. 35, s. 47.

Arbitration

29(1)       Where a person has a claim that is not subject to The Expropriation Act arising out of, or connected with, the execution or non-execution of a work on or to be done on a departmental road, or arising out of, or connected with, the fulfilment, or on account of deductions made for the non-execution or non-fulfilment, of any contract in respect of any work done or to be done on a departmental road made and entered into with the minister or with any other person duly authorized to enter into it, either in the name of Her Majesty or in any other manner whatsoever, the person may give notice in writing of the claim to the minister, stating the particulars thereof and how it has arisen; and the minister may, at any time within 30 days after receipt of the notice, tender an amount that the minister considers a just satisfaction of the claim, together with notice that, unless the amount so tendered is accepted within 10 days after the making of the tender, the claim may be submitted to arbitration.

Where tender not accepted

29(2)       Where a tender made under subsection (1) is not accepted within the time therein set out, the minister may submit the claim to arbitration by two arbitrators.

Security

29(3)       Before the arbitration commences the arbitrators may demand that the claimant give security to the satisfaction of the arbitrators for the payment of the costs and expenses incurred by the arbitrators in the event of the claimant being required by the award to pay the costs.

Appeal

29(4)       The award of the arbitrators is subject to appeal.

No arbitration where minister has power to decide

29(5)       No arbitration shall be allowed in any case where, by the terms of the contract under which the claim arises, it is provided that the determination of any matters of difference arising out of, or connected with, the contract shall be made by the minister.

S.M. 2000, c. 35, s. 47.

Vehicles injurious to highway

30(1)       Any person who drives or operates or moves upon wheels, rollers, or otherwise, over or upon a departmental road, a vehicle of any kind or description or any other object which causes, or is likely to cause, injury or damage to the highway, having regard to the character and condition of the highway at the time of the operation, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $2,000.

Injury to highways

30(2)       Any person who deliberately or negligently in any manner other than that set out in subsection (1) damages, injures, breaks, or destroys, a departmental road or renders a departmental road unfit for use, or so deals with the departmental road as to limit, hamper, or render difficult, the use thereof, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $2,000.

Order for repair of damage

30(3)       A justice by whom any person is convicted under subsection (1) or (2) may, on application by the Crown, made either at the time of the trial or within 30 days thereafter, order the person convicted to repair any damage or injury done by him or her to the departmental road, or to restore the departmental road to the condition in which it was before it was so damaged, injured, broken, destroyed, rendered unfit for use, or dealt with as aforesaid, within a time specified by the justice; and the person convicted shall forthwith comply with the order.

Work done by minister

30(4)       Where a person against whom an order has been made under subsection (3) fails to comply with the order within the time specified, the minister may do the work necessary to comply with the order and the costs thereof may be collected from the person as a debt due to the Crown.

S.M. 2000, c. 35, s. 47; S.M. 2006, c. 6, s. 7.

Preparation of plans, etc. for public works

31(1)       The minister shall cause to be prepared maps, plans, estimates, and reports, for all work of a major character on highways that are about to be constructed, altered, or repaired, by the department; and the minister shall have reports prepared on any question relating to a departmental road which may be submitted to him or her, and generally has charge of, and shall supervise, all engineering and construction matters pertaining to departmental roads.

Certified copies of plans, etc.

31(2)       A copy of any map, plan, or any other document, in the department, or of any order made, or any correspondence, certificate, or other document signed by, the minister, certified by the minister to be a true copy, is admissible in evidence as prima facie proof thereof, and has the same legal effect as the original in any court or elsewhere.

S.M. 2000, c. 35, s. 47.

32          [Repealed]

S.M. 2000, c. 35, s. 47.

Costs paid from Consolidated Fund

33          All costs incurred in the administration of, or for the purposes of, this Act and for the purposes of constructing and maintaining departmental roads, shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Offence and penalty

34(1)       A person who contravenes a provision of this Act or the regulations, or an order under subsection 8(7) or 14(8), is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Continuing offence for contravening an order

34(2)       When a contravention of an order under subsection 8(7) or 14(8) continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

S.M. 2006, c. 6, s. 8.

Manitoba Trucking Productivity Improvement Fund

34.1(1)     The Manitoba Trucking Productivity Improvement Fund is hereby established for the purpose of funding, or supplementing the funding of,

(a) highway rehabilitation to remedy accelerated deterioration attributed to overweight or overdimensional vehicle traffic;

(b) improvements in the load-carrying capacity, productivity and safety of highways; and

(c) other projects or initiatives that are prescribed in the regulations and are for the benefit of Manitobans and the trucking industry.

Deposit in the Consolidated Fund

34.1(2)     Money in the fund is to be deposited in a separate, interest-bearing account in the Consolidated Fund in trust for the fund. Separate accounts in the fund may be established for money intended for particular projects or initiatives, or received from particular sources.

Payments into the fund

34.1(3)     Despite The Financial Administration Act, the following shall be paid directly into the fund:

(a) permit fees paid under The Highway Traffic Act in respect of overweight or overdimensional vehicles prescribed in the regulations as payable into the fund, or any portion of such fees prescribed in the regulations as payable;

(b) monetary penalties imposed under clause 322.1(3)(d) of The Highway Traffic Act prescribed in the regulations as payable into the fund, or any portion of such penalties prescribed as payable;

(c) contributions made by private sector contributors, or other governments, by arrangement or agreement with the Government of Manitoba in relation to rehabilitating or improving specific highways or portions of highways, or specific highway infrastructure;

(d) any other amounts prescribed in the regulations as payable into the fund;

(e) interest and other income accruing to the fund.

Managing the fund and paying expenses

34.1(4)     The fund is to be managed by the minister, who may authorize payments from the fund to meet the administrative expenses of operating the fund.

Other payments out of the fund

34.1(5)     When money is appropriated under an Act of the Legislature and expended for a purpose for which the fund was established, the minister may authorize a payment from the fund to offset the expenditure in whole or in part.

Audit

34.1(6)     The accounts and transactions of the fund must be audited annually by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council. The cost of the audit is an administrative expense of operating the fund.

Fiscal reporting

34.1(7)     Each year, the minister shall cause a financial statement of the fund to be prepared, which is to be included in the annual report of the department over which the minister presides.

Agreements about contributions to the fund

34.1(8)     The minister may enter into agreements with private sector contributors or governments about contributions to be paid into the fund under clause (3)(c) and how the contributions are to be used.

S.M. 2004, c. 8, s. 3.

Regulations

35          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this Act, has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) respecting the placing of material on departmental roads;

(b) respecting the carrying out, building, constructing, reconstructing, establishing, or placing, any works or structures of any kind on a departmental road;

(c) respecting the placing or erecting of signs, signboards, or advertising devices, on, along, or on land adjacent, contiguous, or near to, departmental roads;

(d) respecting the planting or placing of trees, shrubs, bushes, brush, hedges, or other objects on departmental roads;

(e) prescribing the rate of interest, and the method of compounding interest, for the purposes of section 23;

(f) prescribing the fees payable in respect of permits, leases, licences, certificates, authorizations, or applications for any of the foregoing, or any other application, order, or thing that may be made, done or required, under this Act;

(g) respecting the operation and administration of the Manitoba Trucking Productivity Improvement Fund, including prescribing the following:

(i) additional projects and initiatives for which money from the fund may be paid,

(ii) fees or monetary penalties, or portions of fees or monetary penalties, that are to be paid into the fund,

(iii) other amounts that are to be paid into the fund.

R.S.M. 1987 Supp., c. 17, s. 2; S.M. 2004, c. 8, s. 4.

 

 


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