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The Highway Traffic Act
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This version is current as of July 28, 2016.
It has been in effect since December 1, 2015.

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C.C.S.M. c. H60

The Highway Traffic Act

PART VII

ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES

DIVISION I

ENFORCEMENT PROVISIONS

ARREST WITHOUT WARRANT

Arrest without warrant

241(1)      A peace officer who, on reasonable and probable grounds, believes that a violation of any of the following provisions, that is to say,

(a) subsection 24(1) or (1.1);

(b) [repealed] S.M. 2005, c. 37, Sch. B, s. 47;

(c) subsection 95(1) or (2);

(d) subsection 98(5) or (7);

(e) subsection 114(1);

(f) subsection 155(1), (2), (3), (4), or (5);

(g) clause 170(1)(a), (b), or (c);

(h) section 171 or 173;

(i) subsection 174(1) or (3);

(j) subsection 188(2);

(k) subsection 201(1);

(l) section 210, 213, 224 or 225;

(m) subsection 279.1(5) or (5.1);

of this Act, or any provision of section 249, 252, 253, 254, 255, 259 or 335 of the Criminal Code, has been committed, whether it has been committed or not, and who, on reasonable and probable grounds, believes that any person has committed such a violation, may arrest that person without warrant whether he is guilty or not.

Assistance of peace officer

241(2)      A person called upon to assist a peace officer in the arrest of a person suspected of having committed any offence mentioned in subsection (1), may assist if he believes that the person calling on him for assistance is a peace officer, and does not know that there are no reasonable grounds for the suspicion.

S.M. 1986-87, c. 14, s. 26; S.M. 1989-90, c. 56, s. 33; S.M. 2005, c. 37, Sch. B, s. 47; S.M. 2013, c. 7, s. 3.

INSPECTION AND SEARCH AND SEIZURE

Definition of "place"

241.1(1)    In this section, "place" includes a vehicle.

Certificate to be produced

241.1(2)    On entering any place for the purpose of exercising powers under this section, a peace officer shall show his or her official identification to the person in charge of the place if the person so requests.

Entering a dwelling place

241.1(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

241.1(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 print-out 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

241.1(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 section.

Assistance to peace officer

241.1(6)    The owner or person in charge of a place referred to in subsection (4) and every person found in that place shall give the peace officer all reasonable assistance to enable the peace officer to carry out his or her duties and shall furnish the peace officer with any information the peace officer may reasonably require.

Removal of records

241.1(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, but shall give a receipt to the person from whom it is taken and shall examine or copy it within a reasonable time and return it promptly on completion of the examination or copying.

Admissibility of copies

241.1(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

241.1(9)    A justice who is satisfied by information on oath that

(a) the conditions for entry described in subsection (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 (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 may be specified in the warrant.

Search and seizure without warrant

241.1(10)   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 warrant, enter and search the place for the record, document, vehicle or other thing and may seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Search and seizure with warrant

241.1(11)   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

241.1(12)   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

241.1(13)   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 that place or thing pending the making and disposition of an application for the warrant.

S.M. 1997, c. 37, s. 22; S.M. 2005, c. 37, Sch. B, s. 48.

DETENTION OF VEHICLE

Detention of motor vehicle by peace officer

242(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 the satisfaction of a justice; 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).

Order for extending period of detention

242(2)      Where 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 or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, a motor vehicle or off-road vehicle; or

(b) for further investigation related to an offence under this 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; or

(c) the owner has failed to furnish to a justice 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), and the peace officer making the application shall furnish to the justice full particulars of the reasons for the continuance of detention of the motor vehicle.

Period of extension to be reasonable

242(3)      The justice, in making an order under subsection (2), may order that the motor vehicle be detained for such further period as to him appears reasonable and just.

Notification of detention to owner

242(4)      Where the owner of a motor vehicle was not present at the time when it was detained, the peace officer shall take all reasonable steps to notify the owner that his motor vehicle was detained, together with the reasons for its detention and of the place where it is detained or stored.

Personal property to be returned

242(5)      Any personal property present in a motor vehicle which has been detained shall be returned to the owner thereof upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act, in which case subsections (1), (2) and (3) apply mutatis mutandis.

Person arrested brought before a justice

242(6)      A peace officer making an arrest shall, with reasonable diligence, take the person arrested before a justice to be dealt with according to law.

Disposal of vehicle detained

242(7)      Where a motor vehicle is detained under this section,

(a) if repairs are necessary and immediately desired by the owner, it shall be taken to, and kept in, such repair shop or garage as the owner may select, for the purpose of having it repaired; or

(b) if repairs are not necessary or are not immediately desired by the owner, to such garage or storage place as the owner may select, unless otherwise required by the police, in which case the 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 impoundment

242(8)      Where, under subsection (7), a motor vehicle has been taken to a repair shop, garage, or storage place, selected by the owner, the chief constable, or the officer in command in Manitoba, of the police force of which the peace officer who detained the motor vehicle is a member, on receipt of a written application by the owner, may authorize the motor vehicle to be transferred to such other repair shop, garage, or storage place, as the applicant may select, and may give all necessary directions to that end; and shall in that case, give to the owner, operator, and manager or other person in charge of the repair shop, garage, or other storage place, to which the motor vehicle is transferred a notice as prescribed in subsection (9).

Notice to garage keeper

242(9)      Where a motor vehicle detained under this section is placed in a repair shop, garage, or storage place, the peace officer detaining it shall notify the owner, operator, manager, or other person in charge, of the repair shop, garage, or storage place, in writing, on a form prescribed by the registrar, that the motor vehicle is detained and must not be removed or permitted to be removed or released from detainment except upon the order of a justice or of the chief constable or the officer in command in Manitoba of the police force of which the peace officer who detained the motor vehicle is a member.

No removal from detention

242(10)     Subject to subsection (8), no person shall remove, or permit to be removed, from the place of detention, or release from detention, any motor vehicle detained under this section except upon the written order of a justice or of the chief constable or the officer in command in Manitoba of the police force of which the peace officer who detained the motor vehicle is a member.

Cost of moving and storage

242(11)     Costs and charges incurred in moving or storing a vehicle, or both, 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.

Meaning of "owner"

242(12)     In subsections (7) and (8), the word "owner" includes any person who has sold the motor vehicle under the terms of a conditional sale agreement or lien note upon which all or part of the purchase price remains unpaid, or to whom a bill of sale by way of chattel mortgage thereon has been given, in respect of which all or part of the moneys secured thereby remain unpaid; and also includes an assignee of any such person.

S.M. 2000, c. 34, s. 2.

SEIZURE AND IMPOUNDMENT OF VEHICLES FOR CERTAIN OFFENCES

Definitions

Definitions

242.1(1)    In this section,

"designated person" means a person designated by the Minister of Justice for the purpose of this section; (« personne désignée »)

"motor vehicle" includes an off-road vehicle. (« véhicule automobile »)

Seizure of Vehicles

Seizure and impoundment of certain vehicles

242.1(1.1)  Subject to subsection (1.2), a peace officer shall seize a motor vehicle and impound it if the officer has reason to believe

(a) that a person who was operating the vehicle contravened subsection 225(1) or (1.1) (suspended and other prohibited driving) or 279.1(5) or (5.1) (restricted licence contraventions) of this Act or subsection 259(4) (operation while disqualified) of the Criminal Code;

(b) based on an analysis of the breath or blood of a person who was operating the vehicle or had care or control of it, that the person had consumed alcohol in such a quantity that the concentration of it in his or her blood exceeded 80 milligrams of alcohol in 100 millilitres of blood;

(c) that a person who was operating the vehicle, or had care or control of it, failed or refused to comply with a demand to supply a sample of breath, oral fluid, urine or blood, under section 254 of the Criminal Code;

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

(i) refused to perform the test, or

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

(e) that, after a demand in accordance with subsection 254(3.1) of the Criminal Code, the driver of the vehicle

(i) refused to comply with the demand or to submit to an evaluation as defined in subsection 263.1(1), or

(ii) failed to follow instructions regarding the evaluation.

Delaying Impoundment

Motor vehicle released for safety, undue hardship

242.1(1.2)  Where a peace officer is satisfied that the seizure and impoundment of a motor vehicle under subsection (1.1) would jeopardize the safety of, or cause undue hardship to, any person, or is, in the opinion of the officer, not practicable in the circumstances the peace officer may delay taking custody of the motor vehicle, in which case the peace officer may permit the motor vehicle to be driven to a location specified by the peace officer, where any peace officer may take custody of it.

Later Seizure of Vehicle

Application for order to seize and impound

242.1(1.3)  Where under subsection (1.2) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not impounded at that location, a peace officer may make application to a justice for an order to seize the vehicle and impound it in accordance with this section, with necessary modifications.

Stolen Vehicles

Release of stolen vehicle

242.1(1.4)  If, at any time before a hearing is conducted under this section, a peace officer is satisfied that a motor vehicle seized under subsection (1.1) had been stolen, the officer may, subject to the approval of the designated person, release the vehicle to the owner, or a person authorized by the owner to take possession of it, and subsection (13) (indemnification) applies, with necessary modifications.

Procedure on Seizure

Duties of peace officer

242.1(2)    Where a motor vehicle has been seized and impounded, the peace officer shall

(a) complete a notice of seizure setting out

(i) the name and address of the driver, and of the owner if the driver is not the owner and discloses the name and address of the owner,

(ii) the year, make and serial number of the motor vehicle,

(iii) the date and time of the seizure,

(iv) the place where the vehicle is to be impounded, and

(v) if the vehicle is seized under clause (1.1)(b) (blood alcohol over .08), the result of the analysis of the breath or blood;

(a.1) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner;

(b) give the driver a copy of the notice;

(c) give a copy of the notice to the owner, if the owner is present at the time of the seizure, or, if the owner is not present, without delay mail a copy to the owner

(i) at the owner's last known address as recorded in the registrar's records of motor vehicle registrations, or

(ii) if the owner's address is not recorded in the registrar's records, at the address indicated by the driver in response to the peace officer's request under clause (a.1);

(c.1) without delay, mail a copy of the notice to the designated person;

(d) cause a copy of the notice to be given to the garage keeper who stores the motor vehicle; and

(e) retain a copy of the notice.

Lien for Costs of Storage

Costs relating to impoundment are lien on vehicle

242.1(3)    A motor vehicle that is seized and impounded under this section shall be stored where the peace officer directs, and the following amounts are a lien on the impounded vehicle that may be enforced in the manner provided in The Garage Keepers Act:

(a) costs and charges prescribed by a regulation made under subsection 319(1);

(b) expenditures for searches, registrations and other charges under The Personal Property Security Act that are reasonably necessary for the garage keeper to comply with the requirements of The Garage Keepers Act.

Release on Return of Licence or Permit

Vehicle to be released if driver's licence is returned

242.1(3.1)  Where a motor vehicle is seized and impounded under any of clauses (1.1)(b) to (e) and an application by the driver under section 263.2 (review of suspension and disqualification) results in the return of his or her licence or permit,

(a) the vehicle is no longer subject to impoundment under this section, unless the vehicle was also seized under clause (1.1)(a) (drive disqualified) or detained under another provision of this Act or The Drivers and Vehicles Act; and

(b) the designated person shall, subject to subsection (9) (lien), authorize the release of the vehicle to the owner or to a person authorized by the owner.

Application for Early Release Based on Owner's Reasonable Belief or Knowledge

Application by certain owners for early release of vehicle

242.1(4)    An owner of a motor vehicle seized and impounded under this section, other than an owner who was the driver or had care or control at the time the vehicle was seized under any of clauses (1.1)(b) to (e), may, at any time before the expiry of the period of impoundment, apply to a justice for the hearing of such applications for the revocation of the seizure by

(a) making application in the form and in the manner required by the Minister of Justice; and

(b) paying the prescribed fee.

Justice to consider report and certificate

242.1(4.1)  In a hearing conducted under subsection (4), the justice shall consider a report of a peace officer respecting the seizure of the motor vehicle, and may consider

(a) a certificate of the registrar respecting any licence or permit issued under The Drivers and Vehicles Act or this Act in the name of

(i) the owner who applies under subsection (4),

(ii) the person named as the driver of the motor vehicle in a notice completed under subsection 242.1(2), and

(iii) the person named as the driver of the motor vehicle by the applicant owner, where the person is not the same person named in subclause (ii); and

(b) a report of the designated person respecting a record of any previous seizure under this section of a motor vehicle that was at the time of the seizure registered in the name of, or owned by, the owner applying under subsection (4).

Issue to be determined when driver is not owner

242.1(5)    Where, after considering an application under subsection (4) by an owner who was not the driver at the time the motor vehicle was liable to seizure, the justice is satisfied that

(a) the driver was in possession of the vehicle without the knowledge and consent of the owner;

(b) in the case of a seizure under clause (1.1)(a) (drive disqualified), the owner could not reasonably have been expected to know that the licence or permit of the person to whom the vehicle was delivered was suspended or cancelled or that the driver was disqualified or prohibited from driving or operating a motor vehicle; or

(c) in the case of a seizure under any of clauses (1.1)(b) to (e), the owner could not reasonably have been expected to know that the driver would operate or have care or control of the vehicle in such circumstances;

the justice shall

(d) revoke the seizure;

(e) subject to subsection (9) (lien), direct that a peace officer order the garage keeper to return the motor vehicle to the owner or to a person authorized by the owner; and

(f) direct that the fee paid by the applicant be refunded.

Issue to be determined when driver is owner

242.1(6)    Where, after considering an application under subsection (4) by an owner who was the driver at the time the motor vehicle was liable to seizure under clause (1.1)(a) (drive disqualified), the justice is satisfied that the owner, before he or she drove the motor vehicle, had no reason to believe that his or her licence or permit was suspended or that he or she was disqualified from holding a driver's licence or was disqualified or prohibited from driving or operating a motor vehicle, and the justice is satisfied that the owner had at the time of the seizure complied with section 13 of The Drivers and Vehicles Act and, if applicable, section 82 of that Act, the justice shall

(a) revoke the seizure;

(b) subject to subsection (9) (lien), direct that a peace officer order the garage keeper to return the motor vehicle to the owner or to a person authorized by the owner; and

(c) direct that the fee paid by the applicant be refunded.

Release on Expiry of Impoundment Period

Release of vehicle after impoundment period

242.1(7)    Unless otherwise required by this Act or The Drivers and Vehicles Act, and subject to subsection (9) (lien), a peace officer shall, on the written request of the owner or a person authorized by the owner, direct that the motor vehicle be released to the owner or a person authorized by the owner after the period of impoundment expires.

Periods of Impoundment

First seizure

242.1(7.1)  Subject to subsection (7.1.1) (previous seizure), a motor vehicle seized under this section shall be impounded for the following periods:

(a) when the seizure is under clause (1.1)(a) (suspended and other prohibited driving), 30 days;

(b) when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is 160 milligrams or less in 100 millilitres of blood, 30 days;

(c) when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is more than 160 milligrams in 100 millilitres of blood, 60 days;

(d) when the seizure is under clause (1.1)(c) (refuse to supply sample), 60 days;

(e) when the seizure is under clause (1.1)(d) (refusal or failure respecting physical coordination test), 60 days;

(f) when the seizure is under clause (1.1)(e) (refusal or failure respecting evaluation), 60 days.

Second or subsequent seizure within five years

242.1(7.1.1)Where a motor vehicle seized under this section is registered in the name of, or owned by, a person who, within the five year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under any provision of this section, the vehicle shall be impounded for the following period:

(a) when the seizure is under clause (1.1)(a) (suspended and other prohibited driving),

(i) for the second seizure, 90 days, and

(ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second;

(b) subject to subsection (7.1.2), when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is 160 milligrams or less in 100 millilitres of blood,

(i) for a second seizure, 90 days, and

(ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second;

(c) when the seizure is under clause (1.1)(b) (blood alcohol over .08) and the concentration of alcohol is more than 160 milligrams in 100 millilitres of blood,

(i) for a second seizure, 180 days, and

(ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second;

(d) when the seizure is under clause (1.1)(c) (refuse to supply sample),

(i) for a second seizure, 180 days, and

(ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second;

(e) when the seizure is under clause (1.1)(d) (refusal or failure respecting physical coordination test),

(i)  for a second seizure, 180 days, and

(ii)  for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second;

(f) when the seizure is under clause (1.1)(e) (refusal or failure respecting evaluation),

(i) for a second seizure, 180 days, and

(ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second.

When previous seizure within five years relates to refusal or blood alcohol of more than 0.16

242.1(7.1.2)Where a motor vehicle seized under clause (1.1)(b) (blood alcohol over .08) is registered in the name of, or owned by, a person who, within the five year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under

(a) clause (1.1)(b) and the concentration of alcohol was more than 160 milligrams in 100 millilitres of blood;

(b) clause (1.1)(c) (refuse to supply sample);

(b.1) clause (1.1)(d) (refusal or failure respecting physical coordination test); or

(b.2) clause (1.1)(e) (refusal or failure respecting evaluation);

the vehicle shall be impounded for the following period:

(c) for a second seizure, 180 days;

(d) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second.

Effect of revocation of previous seizure

242.1(7.1.3)For the purposes of subsections (7.1.1) and (7.1.2), the seizure of a vehicle shall not be considered as a previous seizure if

(a) the vehicle was released under subsection (1.4), (3.1) or (13); or

(b) the seizure was revoked under subsection (5) or (6).

Notice to be given of period of impoundment

242.1(7.2)  Where a motor vehicle is subject to a period of impoundment under subsection (7.1.1) (second or subsequent seizure) or (7.1.2) (previous seizure for blood alcohol of more than 0.16), the designated person shall as soon as practicable give notice of the period of impoundment by regular mail to

(a) the owner of the vehicle, or the person in whose name it is registered;

(b) the garage keeper who has custody of the vehicle; and

(c) the peace officer who seized the vehicle and impounded it.

Application for Review of Impoundment Period

Justice to consider designated person's report

242.1(7.3)  Subsections (4) and (4.1) (application to justice for release of vehicle) apply, with necessary modifications, to an application by an owner of a motor vehicle who contests the application of subsection (7.1.1) (second or subsequent seizure) or (7.1.2) (previous seizure for blood alcohol of more than 0.16) to the vehicle, and the justice who hears the application shall consider a report from the designated person respecting any motor vehicle seized under this section

(a) while registered in the name of, or owned by, the applicant; and

(b) within five years before the seizure of the vehicle that is the subject of the application.

Removal or Release of Seized Vehicles

No removal of impounded vehicle except as authorized

242.1(8)    No person shall remove or release or permit the removal or release of a motor vehicle that is impounded under this section from the place of impoundment unless one of the following provisions applies to the vehicle:

(a) subsection (1.4) (stolen vehicle);

(b) subsection (3.1) (return of licence or permit);

(c) subsection (5) (direction by justice);

(d) subsection (6) (direction by justice);

(e) subsection (7) (expiry of impoundment period);

(f) subsection (13) (wrongful seizure).

Officer may direct movement of vehicle

242.1(8.1)  A peace officer may direct that an impounded motor vehicle be moved for the purpose of impounding it at another location.

Lien and Disposal of Vehicles

Effect of lien

242.1(9)    A motor vehicle that is subject to a lien under this section shall remain impounded until the amount of the lien is paid or the vehicle is disposed of in accordance with this section and the regulations.

Notice by garage keeper

242.1(10)   The garage keeper shall notify the Department of Justice of the sale of each motor vehicle sold under The Garage Keepers Act.

Disposal of impounded vehicle by garage keeper

242.1(10.1)  Despite subsection (9), a garage keeper who stores a motor vehicle that is impounded under this section may, on the expiry of the period of impoundment and with the approval of the designated person, dispose of it, by sale or otherwise, after delivering the number plates from the vehicle to the designated person and filing with him or her

(a) a statutory declaration of the garage keeper declaring that the amount of his or her lien on the motor vehicle exceeds his or her estimate of its value; and

(b) a certificate issued under The Personal Property Security Act showing that the serial number of the motor vehicle is not identified as an item of collateral in the personal property registry.

Transfer of ownership to garage keeper

242.1(10.2) Where under subsection (10.1) the designated person approves the disposal of a motor vehicle by a garage keeper, the designated person shall complete a transfer of vehicle ownership, in a form that the Minister of Justice may prescribe, from the owner of the motor vehicle to the garage keeper, and the registrar shall, on receiving the completed form and the number plate or plates from the motor vehicle, cancel the registration of the motor vehicle and forward any refund therefrom to the designated person for application to any costs and charges owing to the Minister of Finance in respect of the motor vehicle, as prescribed by regulation, after which any balance shall be paid to the previous owner of the motor vehicle.

General Provisions

Personal property in motor vehicle

242.1(11)   Subject to subsection 242(5) of this Act and subsection 54(3) of The Off-Road Vehicles Act, personal property present in or on a motor vehicle which has been seized and impounded, other than personal property attached to or used in connection with the operation of the motor vehicle, shall be returned to the owner upon request.

Owner's right against driver

242.1(12)   The owner of a motor vehicle seized under this section may recover any lien costs that he or she has paid from the person who was the driver at the time of the seizure.

Minister may indemnify for wrongful seizure

242.1(13)   Notwithstanding subsection 41(2) of The Financial Administration Act and any other provision in this section, the Minister of Justice may, where he or she is satisfied that a motor vehicle has been wrongfully seized under this section,

(a) authorize the release of the motor vehicle from impoundment;

(b) waive any fee, cost or charge prescribed by regulation; and

(c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the seizure.

Justice may order seizure of motor vehicle

242.1(14)   A peace officer may apply to a justice for an order authorizing the seizure of a motor vehicle under this section and, where the justice is satisfied that the peace officer has reason to believe that a person has operated or had care or control of a motor vehicle as set out in subsection (1.1), the justice may grant an order authorizing any peace officer to seize the vehicle and impound it and, for that purpose, to enter a building or place where the motor vehicle is stored or kept.

Result of failure to obtain order

242.1(15)   The failure of a peace officer to obtain an order from a justice under subsection (14) does not invalidate any seizure and impoundment of a motor vehicle that is otherwise lawfully performed or authorized.

Tabling of annual report in Assembly

242.1(16)   The designated person shall, within 60 days of the end of each fiscal year, submit a report respecting operations under this section to the Minister of Justice who shall immediately lay a copy of the report before the Legislative Assembly if the Assembly is then in Session or, if the Assembly is not then in Session, within 15 days of the commencement of the next Session.

S.M. 1989-90, c. 4, s. 8; S.M. 1989-90, c. 7, s. 3 to 10; S.M. 1991-92, c. 23, s. 2; S.M. 1997, c. 37, s. 23; S.M. 1997, c. 38, s. 4; S.M. 1999, c. 12, s. 7; S.M. 1999, c. 13, s. 7; S.M. 1999, c. 35, s. 3 and 8; S.M. 2000, c. 34, s. 4; S.M. 2001, c. 19, s. 27; S.M. 2004, c. 11, s. 6; S.M. 2005, c. 8, s. 17; S.M. 2005, c. 37, Sch. B, s. 48; S.M. 2010, c. 52, s. 3; S.M. 2013, c. 7, s. 4; S.M. 2014, c. 23, s. 2.

SEIZURE OF VEHICLES IN SPECIFIED OFFENCES RELATED TO OBTAINING SEXUAL SERVICES OR PROCURING

Designated person

242.2(1)    In this section and in section 242.3, "designated person" means a person designated by the Minister of Justice for the purposes of those sections.

Specified offence related to obtaining sexual services or procuring

242.2(1.1)  In this section, "specified offence related to obtaining sexual services or procuring" has the same meaning as in section 264.

Appointment or designation of garage keeper

242.2(2)    The Minister of Justice may appoint a person or designate a department or branch of the government as a garage keeper for the purpose of this section.

Seizure of vehicle used in committing specified offence

242.2(3)    A peace officer who on reasonable grounds believes that a motor vehicle is being operated in the course of committing a specified offence related to obtaining sexual services or procuring must seize the motor vehicle and take it into the custody of the law.

Release of Seized Vehicles and Personal Property in Seized Vehicles

Release of personal property in seized vehicle

242.2(4)    Any personal property present in or on a motor vehicle that is seized under this section, other than personal property attached to or used in connection with the operation of the vehicle, shall be released to the owner of the personal property upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act, in which case subsections 242(2) and (3) (peace officer may apply for order to extend detention) apply, with necessary modifications.

No release or removal of vehicle except as authorized

242.2(5)    No person shall remove or release, or permit the removal or release of, a seized motor vehicle from the place of storage except as authorized under this section.

Temporary release of seized vehicle by peace officer

242.2(6)    Despite subsection (3), a peace officer who seizes a motor vehicle under this section but is satisfied that taking it into the custody of the law would jeopardize the safety of, or cause undue hardship to, any person, may delay taking custody of the vehicle and may permit it to be driven to a location specified by the officer, where any peace officer may take custody of it.

Seizure of released vehicle at other location

242.2(7)    Where under subsection (6) a peace officer permits a seized motor vehicle to be driven to a location and the vehicle is not taken into custody at that location, a peace officer may apply to a justice for an order to take the vehicle into the custody of the law, and if the justice is satisfied that the officer had reason to seize the vehicle, the justice may grant an order authorizing a peace officer to take the vehicle into the custody of the law in accordance with this section, with necessary modifications, and for that purpose to enter a building or place where the vehicle is stored or kept.

Release of vehicle by peace officer of stolen vehicles or under alternative measures

242.2(8)    Where a motor vehicle is seized under this section, a peace officer may, with the approval of the designated person, release the vehicle to the owner, or to a person authorized by the owner, if the officer is satisfied that

(a) the vehicle is stolen; or

(b) every person

(i) who was in the vehicle at the time it was seized, and

(ii) who the peace officer referred to in subsection (3) had reasonable grounds to believe had committed a specified offence related to obtaining sexual services or procuring,

is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under clause 717(1)(a) of the Criminal Code (Canada).

242.2(9)    [Repealed] S.M. 1999, c. 13, s. 8.

Application to court by certain owners of vehicles

242.2(10)   The owner of a motor vehicle seized under this section may, if he or she is not charged with an offence in respect of which the vehicle was seized, apply to a justice to hear applications for the release of vehicles under this section by

(a) making application in the form and manner required by the Minister of Justice; and

(b) paying the prescribed fee.

Justice may consider any relevant evidence

242.2(11)   In a hearing conducted pursuant to subsection (10), the justice may consider any evidence or information he or she considers relevant, which may include

(a) a report of a peace officer respecting the seizure of the motor vehicle; and

(b) a report of the designated person respecting any record of a previous seizure under this section of a vehicle that was at the time registered in the name of, or owned by, the applicant.

Determination by justice

242.2(12)   If the justice is satisfied that

(a) at the time the motor vehicle was seized, the driver was in possession of it without the knowledge and consent of its owner; or

(b) the owner could not reasonably have known that the vehicle was being operated in the course of committing a specified offence related to obtaining sexual services or procuring;

the justice shall order

(c) that the vehicle be released to the owner, or to a person authorized by the owner, subject to payment of the lien under subsection (23), and that the designated person so advise the garage keeper; and

(d) that the application fee paid under clause (10)(b) be refunded to the owner.

Owner may obtain vehicle by depositing security

242.2(13)   The owner of a motor vehicle seized under this section may at any time apply to the designated person for the release of the vehicle on deposit of a sum of money, or security for money approved by the Minister of Finance, equal to the value of the vehicle, as determined by the designated person in accordance with the regulations.

Certificate of Minister of Finance confirming deposit

242.2(14)   The owner shall deposit the amount determined under subsection (13), or security for it, with the Minister of Finance, who shall issue to the owner a certificate that confirms the amount of the deposit.

Designated person to authorize release of vehicle

242.2(15)   On receiving a certificate issued under subsection (14), the designated person shall authorize the release of the vehicle to the owner, or to a person authorized by the owner, subject to payment of the lien under subsection (23).

Security not subject to other claims

242.2(16)   The money or security for money deposited with the Minister of Finance is not subject to any other claim or demand.

Release of seized vehicle of low value

242.2(17)   If the designated person is satisfied that the costs and charges related to the seizure of a motor vehicle under this section will or could amount to more than the value of the vehicle or the value of the interest of the owner in the vehicle, whichever is less, the person

(a) may release the vehicle to the owner subject to payment of the lien under subsection (23) (garage keeper's lien); and

(b) before releasing the vehicle, may register a notice, in the form of a financing statement, under Part 5 (registration) of The Personal Property Security Act, that the vehicle is subject to forfeiture under this section.

Effect of forfeiture on transfer or new security interest

242.2(18)   If a notice is registered under subsection (17), any transfer of the motor vehicle by the owner and any security interest given by the owner after the vehicle is released is void upon forfeiture of the vehicle under clause (26)(b).

Notice of release to be given to owner

242.2(19)   If a motor vehicle is released under subsection (17), the designated person shall give notice to the owner of

(a) the release of the vehicle;

(b) any notice registered under clause (17)(b); and

(c) the possible disposal of the vehicle

(i) under the regulations, or

(ii) if the vehicle is an item of collateral under The Personal Property Security Act, by the secured creditor pursuant to that Act,

if the vehicle is not removed from storage within 30 days after the date of release.

Procedure when released vehicle is not removed

242.2(20)   If a motor vehicle referred to in subsection (19) is not removed from storage by the owner within 30 days after the date of release, the designated person shall

(a) give the garage keeper approval to dispose of the vehicle in accordance with the regulations; or

(b) where the vehicle is an item of collateral under The Personal Property Security Act, give notice to the secured party of the amount of the lien under subsection (23) (garage keeper's lien).

Secured party may pay costs and proceed on default

242.2(21)   A motor vehicle referred to in clause (20)(b) may be released to the secured party on payment of the lien under subsection (23), and the party may

(a) add the amount paid to the amount owing under the security agreement; and

(b) proceed in accordance with The Personal Property Security Act in respect of the default of the owner of the vehicle in failing to pay the lien.

Procedure on Seizure of Vehicles

Requirements for peace officer seizing vehicle

242.2(22)   A peace officer who seizes a motor vehicle under this section shall

(a) complete an acknowledgement of seizure setting out

(i) the name and address of the driver, each passenger that the peace officer had reason to believe had committed a specified offence related to obtaining sexual services or procuring, and the owner of the vehicle,

(ii) the year, make and serial number of the vehicle,

(iii) the date and time of the seizure, and

(iv) the place where the vehicle is to be stored;

(b) give the driver referred to in subclause (a)(i) a copy of the acknowledgement;

(c) if the owner is present at the time of the seizure, give the owner a copy of the acknowledgement, and if the owner is not then present, without delay send a copy of the acknowledgement by registered or certified mail to the owner's last known address as recorded in the registrar's records of motor vehicle registrations;

(d) cause a copy of the acknowledgement to be given to the garage keeper who stores the vehicle; and

(e) retain a copy of the acknowledgement.

Lien for Costs Relating to Seizure

Lien for costs relating to seizure of vehicle

242.2(23)   A motor vehicle that is seized under this section shall be stored where the peace officer directs, and the garage keeper who stores the vehicle has a lien, which may be enforced in accordance with the regulations, for the following:

(a) costs and charges relating to the seizure of the vehicle, as prescribed by regulation;

(b) costs and charges on account of administration of this section to be paid to the Minister of Finance upon the release of the seized vehicle, as prescribed by regulation;

(c) the cost of searches and registrations, and other charges under The Personal Property Security Act, that are reasonably necessary for the garage keeper to perform his or her obligations.

Effect of garage keeper's lien

242.2(24)   A motor vehicle that is subject to a lien under subsection (23) shall be retained in the custody of the law until the lien is paid or the vehicle is dealt with under this Act or the regulations.

Return or Forfeiture of Vehicles and Deposits

Process when no person is convicted

242.2(25)   If no person is convicted of an offence in respect of which a motor vehicle is seized under this section, the Minister of Justice shall

(a) if the vehicle has not been released under this section, release the vehicle;

(b) if a notice has been registered in the Personal Property Registry under clause (17)(b), discharge the notice in accordance with The Personal Property Security Act; and

(c) return any sum of money or security for money deposited with the Minister of Finance in respect of the vehicle under this section.

Forfeiture of vehicle or deposit on conviction

242.2(26)   When a person who is in a motor vehicle at the time it is seized under subsection (3) is convicted of a specified offence related to obtaining sexual services or procuring

(a) if the owner of the vehicle has deposited money or security for money under subsection (13), the deposit is forfeited;

(b) if a notice has been registered in the Personal Property Registry under clause (17)(b), the vehicle is forfeited to the government, subject to any security interest registered before the notice;

(c) if at the time of the conviction the vehicle remains under seizure and has not been released under this section or disposed of under the regulations, the vehicle is forfeited to the government, subject to any security interest registered before the seizure.

Value of certain forfeited vehicles is debt due

242.2(27)   Where a motor vehicle forfeited under clause (26)(b) is for any reason at the time of forfeiture not being operated in the province, or the value of the vehicle has decreased since it was seized, the Minister of Justice may recover from the owner of the vehicle, as a debt due to the Crown,

(a) in the case of a vehicle not being operated, the value of the vehicle at the time it was seized; or

(b) in the case of a decrease in value, the amount of the decrease.

Use of funds from deposit or sale of vehicle

242.2(28)   Proceeds realized from a forfeited deposit or from the sale of a forfeited motor vehicle shall be used

(a) to pay any costs and charges relating to the seizure of the vehicle, as determined by the designated person in accordance with the regulations; and

(b) after payment of the costs and charges, to assist any groups or organizations that, in the opinion of the Minister of Justice, support or deliver programs to reduce the occurrence of specified offences related to obtaining sexual services or procuring.

General Provisions

Owner's right against driver for amount of lien

242.2(29)   The owner of a motor vehicle that is seized under this section may recover, from the person who was the driver at the time the vehicle was seized, the amount of any lien that the owner is required to pay under this section.

Indemnification

242.2(30)   Despite subsection 41(3) (settlement of claims) of The Financial Administration Act, subsection (23) (garage keeper's lien) of this section, and regulations made under clauses (32)(g) and (h) (costs and charges), the Minister of Justice may, where he or she considers it reasonable and just in respect of a seizure made under this section,

(a) waive any cost or charge prescribed by regulation; and

(b) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the seizure.

Reasons for indemnification

242.2(31)   Where the Minister of Justice acts under subsection (30), he or she shall file with the designated person the reasons for doing so.

Regulations

242.2(32)   The Lieutenant Governor in Council may make regulations

(a) respecting the towing, transportation, care, storage and disposal of motor vehicles seized under this section, including the application of provisions of The Garage Keepers Act;

(b) respecting the release of motor vehicles seized under this section;

(c) prescribing fees for the purpose of clause (10)(b);

(d) for the purpose of subsections (13), (17) and (27), respecting the determination of the value of motor vehicles;

(e) respecting the deposit of money or security for money under subsection (13), including the disposition of interest earned on deposits;

(f) respecting the enforcement of liens under subsection (23);

(g) for the purpose of clauses (23)(a) and (28)(a), respecting costs and charges relating to the seizure of motor vehicles, including the towing, transportation, care, storage and disposal of vehicles, or the manner in which those costs and charges are to be determined;

(h) for the purpose of clause (23)(b), respecting the costs and charges payable on account of administration, or the manner in which those costs and charges are to be determined;

(i) respecting criteria for the exercise of discretion under subsection (30);

(j) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

S.M. 1998, c. 40, s. 2; S.M. 1999, c. 13, s. 8; S.M. 1999, c. 35, s. 4; S.M. 2000, c. 6, s. 20; S.M. 2001, c. 29, s. 6; S.M. 2005, c. 8, s. 17; S.M. 2015, c. 43, s. 21.

FORFEITURE OF VEHICLES FOR CERTAIN OFFENCES

Definition of "motor vehicle"

242.3(1)    In this section, "motor vehicle" includes an off-road vehicle, but does not include a stolen motor vehicle or stolen off-road vehicle.

Liability of vehicle to forfeiture for single offence

242.3(2)    A motor vehicle by means of which, or in relation to which, an offence under any of the following provisions of the Criminal Code is committed is liable to be forfeited to the government upon the commission of the offence:

(a) section 220 (criminal negligence causing death);

(b) section 221 (criminal negligence causing bodily harm);

(c) section 236 (manslaughter);

(d) subsection 249(3) (dangerous operation causing bodily harm);

(e) subsection 249(4) (dangerous operation causing death);

(f) paragraph 249.1(4)(a) (flight from police causing bodily harm);

(g) paragraph 249.1(4)(b) (flight from police causing death);

(g.1) section 249.2 (criminal negligence causing death while street racing);

(g.2) section 249.3 (criminal negligence causing bodily harm while street racing);

(g.3) subsection 249.4(3) (dangerous operation causing bodily harm while street racing);

(g.4) subsection 249.4(4) (dangerous operation causing death while street racing);

(h) subsection 255(2) (impaired driving causing bodily harm);

(h.1) subsection 255(2.1) (blood alcohol over .08 — causing bodily harm);

(h.2) subsection 255(2.2) (non-compliance with demand — causing bodily harm);

(i) subsection 255(3) (impaired driving causing death);

(i.1) subsection 255(3.1) (blood alcohol over .08 — causing death);

(i.2) subsection 255(3.2) (non-compliance with demand — causing death).

Liability of vehicle to forfeiture for third or subsequent offence

242.3(3)    A motor vehicle by means of which, or in relation to which, an offence under any of the following provisions of the Criminal Code is committed is liable to be forfeited to the government upon the commission of the offence if, within five years before committing the offence, the alleged offender has committed two or more offences under the provisions mentioned in this subsection and subsection (2):

(a) subsection 249(2) (dangerous operation);

(b) subsection 249.1(2) (flight from police);

(b.1) subsection 249.4(1) (dangerous operation while street racing);

(c) section 252 (fail to stop at accident);

(d) paragraph 253(1)(a) (drive impaired);

(e) paragraph 253(1)(b) (blood alcohol over .08);

(f) subsection 254(5) (non-compliance with demand);

(g) subsection 259(4) (drive disqualified).

Offences must arise out of separate incidents

242.3(4)    All the offences giving rise to liability to forfeiture under subsection (3) must arise out of separate incidents.

Notice of forfeiture to be given to alleged offender

242.3(5)    A peace officer who on reasonable grounds believes that an offence giving rise to liability to forfeiture has been committed shall, whenever it is practicable, give a notice of forfeiture to the alleged offender.

Lack of notice does not affect liability to forfeiture

242.3(6)    If the alleged offender is not given a notice of forfeiture under subsection (5), the motor vehicle's liability to forfeiture is not affected.

Notice to designated person

242.3(7)    After preparing a notice of forfeiture, a peace officer must give a copy of it to the designated person without delay.

Registration of financing statement

242.3(8)    Upon receiving a notice of forfeiture from a peace officer or otherwise being notified that a motor vehicle is liable to forfeiture, the designated person shall register a notice, in the form of a financing statement, under Part 5 of The Personal Property Security Act, that the motor vehicle is liable to forfeiture under this section.

Notice to owner

242.3(9)    After registering a financing statement under subsection (8), the designated person must send the motor vehicle's owner an owner's notice of forfeiture and a copy of the registered financing statement at his or her last known address

(a) as recorded in the registrar's records of motor vehicle registrations; or

(b) as otherwise determined by the designated person.

Effect of forfeiture on transfer or new security interest

242.3(10)   When a financing statement is registered under subsection (8), any transfer of the motor vehicle by the owner afterward, and any security interest in it given by the owner afterward, is void upon forfeiture of the vehicle under subsection (21).

Financing statement to be sent to secured party

242.3(11)   If the motor vehicle is an item of collateral under The Personal Property Security Act, the designated person must, after registering a financing statement under subsection (8), send a copy of it to the secured party at his or her address as set out in his or her registration under that Act in relation to the vehicle.

Application to court by certain owners of vehicles

242.3(12)   If the owner of the motor vehicle is not charged with the offence for which the vehicle is liable to be forfeited, he or she may apply to a justice to hear applications for the release of vehicles from liability to forfeiture under this section by

(a) making application in the form and manner required by the Minister of Justice; and

(b) paying the prescribed fee.

Justice may consider any relevant evidence

242.3(13)   In a hearing conducted under subsection (12), the justice may consider any evidence or information he or she considers relevant.

Determination by justice

242.3(14)   The justice may order that the motor vehicle is no longer liable to be forfeited for the offence if he or she is satisfied that

(a) at the time of the offence, the offender was in possession of it without the knowledge and consent of the owner; or

(b) the owner could not reasonably have known that the vehicle would be operated in the course of committing the offence.

Owner may deposit security to release vehicle from forfeiture

242.3(15)   The owner of the motor vehicle may, before the vehicle is forfeited, apply to the designated person for a release of its liability to forfeiture on deposit of a sum of money, or security for money approved by the Minister of Finance, equal to the vehicle's value or the value of the owner's interest in it, as determined by the designated person in accordance with the regulations.

Certificate of Minister of Finance confirming deposit

242.3(16)   The owner shall deposit the amount determined under subsection (15), or security for it, with the Minister of Finance, who shall issue to the owner a certificate that confirms the amount of the deposit. When the certificate is issued, the motor vehicle is released from liability for forfeiture for the offence.

Security not subject to other claims

242.3(17)   The money or security for money deposited with the Minister of Finance is not subject to any other claim or demand.

Designated person to discharge financing statement

242.3(18)   On receiving an order made under subsection (14) or a certificate issued under subsection (16), the designated person must discharge the financing statement that he or she registered against the motor vehicle.

Release of forfeiture when no person is convicted

242.3(19)   A vehicle is no longer liable to forfeiture for an offence when the charge for the offence is stayed, or the alleged offender is acquitted of the charge, and one of the following events occurs:

(a) the applicable appeal period expires without the Crown having made an appeal;

(b) the Crown abandons the appeal, if any;

(c) the final court of appeal

(i) upholds the stay or acquittal, or substitutes a conviction for another offence for which the motor vehicle is not liable to be forfeited, or

(ii) dismisses the Crown's application for leave to appeal.

Discharge of financing statement etc. when vehicle no longer liable to forfeiture

242.3(20)   When a vehicle is no longer liable to forfeiture, as provided for in subsection (19),

(a) the designated person must discharge the financing statement that he or she registered against the motor vehicle; or

(b) if a sum of money or security for money was deposited in respect of the vehicle under this section, the Minister of Finance must return the sum or security deposited.

Forfeiture of vehicle or deposit on final conviction

242.3(21)   When a person is convicted of an offence for which the motor vehicle is liable to be forfeited under this section and the conviction is final,

(a) if a financing statement was registered against the vehicle under subsection (8) and the vehicle has not been released from liability to forfeiture, the vehicle is forfeited to the government, subject to any security interest registered before the financing statement; or

(b) if the owner has deposited money or security for money under subsection (15), the deposit is forfeited.

Forfeiture for third or subsequent offence

242.3(22)   Despite subsection (21), when an offence giving rise to liability to forfeiture is an offence referred to in any of clauses (3)(a) to (g) and it gives rise to the liability

(a) because it is a third offence, the motor vehicle or deposit is forfeited when the alleged offender is convicted of all three of the offences and the convictions are all final; and

(b) because it is an offence that is subsequent to the third, the motor vehicle or deposit is forfeited when the alleged offender is convicted of the offence giving rise to liability to forfeiture and at least two of the others and the convictions are all final.

When conviction is final

242.3(23)   A conviction is final for the purposes of this section when one of the following events occurs:

(a) the appeal period expires without the convicted person having made an appeal;

(b) the convicted person abandons the appeal;

(c) the final court of appeal

(i) upholds the conviction or substitutes a conviction for another offence for which the motor vehicle was liable to be forfeited, or

(ii) dismisses the convicted person's application for leave to appeal.

Designated person must send the owner a notice to relinquish the vehicle

242.3(24)   When the conviction is final, the designated person must send a notice to relinquish the motor vehicle to the vehicle's owner at his or her last known address

(a) as recorded in the registrar's records of motor vehicle registrations; or

(b) as otherwise determined by the designated person.

Owner must relinquish vehicle within 14 days

242.3(25)   The owner of the motor vehicle shall relinquish the motor vehicle to the Crown at a place of impoundment specified in the notice to relinquish the vehicle, within 14 days after the day on which the designated person sends the notice.

Application to court to set aside forfeiture

242.3(25.1) If the owner of a forfeited motor vehicle was not charged with the offence for which the vehicle was forfeited and did not apply under subsection (12) to release the vehicle from liability to forfeiture, he or she may apply for an order setting aside the forfeiture by

(a) making an application, in the form and manner required by the Minister of Justice, to a justice designated to hear applications under subsection (12); and

(b) paying the prescribed fee.

Justice may consider any relevant evidence

242.3(25.2)   In a hearing conducted under subsection (25.1), the justice may consider any evidence or information he or she considers relevant.

Determination by justice

242.3(25.3)   The justice may order that the motor vehicle's forfeiture is set aside and that it is no longer liable to forfeiture for the offence if he or she is satisfied that

(a) at the time of the offence, the offender was in possession of it without the knowledge and consent of the owner; or

(b) the owner could not reasonably have known that the vehicle would be operated in the course of committing the offence.

When order is effective

242.3(25.4)   An order under subsection (25.3) is effective once the justice issues it.

Preliminary finding necessary

242.3(25.5)   Before the justice hears evidence about the matters set out in subsection (25.3) or makes an order under that subsection, the owner must satisfy the justice that the owner applied to set aside the forfeiture promptly after learning about the need for the application and

(a) that he or she reasonably believed that he or she had taken the necessary action to release the motor vehicle from liability to forfeiture;

(b) that, through no fault of his or her own, he or she did not receive notice about the motor vehicle's liability to forfeiture before it was forfeited; or

(c) that, through no fault of his or her own, he or she did not apply under subsection (12) because he or she did not understand the application procedure or forfeiture process or because of another honest mistake.

When order may be made after vehicle's seizure

242.3(25.6)   If the owner applies after the forfeited motor vehicle has been seized under subsection (39), the justice must not make an order under subsection (25.3) unless the justice is satisfied that the owner, through no fault of his or her own, did not receive the notice to relinquish the vehicle before the seizure.

Costs of seizure must be reimbursed

242.3(25.7)   If the owner applies after the forfeited motor vehicle has been seized under subsection (39), the justice must not issue an order made under subsection (25.3) until the owner reimburses the government for the costs of seizing the vehicle, as determined by the designated person.

Prohibition on sale, etc., of vehicle

242.3(26)   The owner of a motor vehicle that is liable to forfeiture under this section shall not dispose of his or her interest in the vehicle, or grant a security interest in the vehicle, after any of the following has occurred:

(a) he or she has been given a notice of forfeiture under subsection (5), if he or she is an alleged offender;

(b) the vehicle has been seized or detained in relation to the incident during which the offence giving rise to liability to forfeiture was committed;

(c) the designated person has registered a financing statement against the vehicle under subsection (8).

Prohibition on avoidance of forfeiture of vehicle

242.3(27)   No person shall, alone or in concert with the owner of a motor vehicle that is liable to forfeiture under this section, do anything to prevent the vehicle from being forfeited or to lower its forfeiture value, including but not limited to,

(a) entering an agreement, or doing an act, to make it appear that the owner no longer owns the vehicle;

(b) hiding the vehicle;

(c) removing the vehicle from the province, other than in the normal course of operating it;

(d) wilfully damaging the vehicle; and

(e) disassembling the vehicle, or removing parts from it, other than in the ordinary course of repairs or maintenance.

Offence and penalty

242.3(28)   A person who contravenes subsection (25), (26) or (27) commits an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both.

Defence of accused re failure to relinquish vehicle

242.3(29)   In a prosecution for a contravention of subsection (25), the accused has a defence if the accused can prove on a balance of probabilities

(a) that, at the time of the offence, he or she had a reasonable belief that the motor vehicle was not forfeited or that he or she was not required to relinquish it; or

(b) that, before the time of the offence, he or she took all reasonable steps to ascertain whether the vehicle was forfeited and whether he or she was required to relinquish it.

Defence of accused re disposition of vehicle

242.3(30)   In a prosecution for a contravention of subsection (26), the accused has a defence if the accused can prove on a balance of probabilities that, at the time of the offence, he or she did not know, or could not reasonably have known, that the motor vehicle had been seized or detained under this Act or a financing statement had been registered under subsection (8), as may be applicable.

Refusal to register vehicle

242.3(31)   If a motor vehicle is not relinquished as required by subsection (25), the registrar may refuse to register the vehicle in any person's name and, if the vehicle is registered, may suspend or cancel the registration of the vehicle regardless of who is the registered owner.

Method of sending notice

242.3(32)   A notice that must be sent to any person under this section may be

(a) sent by prepaid mail that provides the sender with an acknowledgement of receipt;

(b) personally served on the person; or

(c) sent in any manner set out in the regulations.

Value of certain forfeited vehicles is debt due

242.3(33)   Where a motor vehicle forfeited under subsection (21) is not relinquished to the Crown or the value of the vehicle has decreased since it became liable to forfeiture, the Minister of Justice may recover from the vehicle's owner, as a debt due to the Crown,

(a) in the case of a vehicle that is not relinquished, the value of the vehicle at the time it became liable to forfeiture, as determined by the designated person in accordance with the regulations; or

(b) in the case of a decrease in value, the amount of the decrease, as determined by the designated person in accordance with the regulations.

Certificate of debt

242.3(34)   The designated person may issue a certificate showing

(a) the name and address of the motor vehicle owner who is liable to pay the debt;

(b) the amount of the debt; and

(c) the designated person's address for service;

and the certificate is evidence of the amount of the debt due to the Crown by the motor vehicle owner at the time the certificate is issued.

Filing of certificate

242.3(35)   A certificate issued under this section may be filed in the Court of Queen's Bench, and when it is filed,

(a) the obligation to pay the amount certified is enforceable as if it were a judgment of the court in favour of the Crown; and

(b) the certificate is deemed for the purposes of Part XIV of The Court of Queen's Bench Act to be an order of the court

(i) pronounced on the day the certificate is filed, and

(ii) on which post-judgment interest is payable under that Part.

Insurance proceeds for vehicle damage

242.3(36)   If the motor vehicle is damaged during the commission of the offence giving rise to liability to forfeiture, or at any time between the commission of the offence and being relinquished, the insurance company must pay the insurance proceeds to the Minister of Finance, if

(a) the designated person has sent it a copy of the financing statement registered under subsection (8); and

(b) the vehicle is written off or the insurance proceeds will not, for any reason, be used for the vehicle's repair.

Insurance proceeds to be held until vehicle forfeited or is no longer liable to forfeiture

242.3(37)   The Minister of Finance shall hold the insurance proceeds until the motor vehicle is forfeited or is no longer liable to forfeiture and,

(a) if the vehicle is forfeited,

(i) shall pay the proceeds in order of priority to secured creditors who registered security interests against the vehicle before the financing statement was registered under subsection (8), and

(ii) credit the balance, if any, to the vehicle owner's debt to the Crown; or

(b) if the vehicle is no longer liable to forfeiture,

(i) shall pay the proceeds to vehicle's owner, or

(ii) if there is a dispute as to who is entitled to the proceeds, shall pay them into the Court of Queen's Bench.

Payment for repairs only

242.3(38)   When a motor vehicle to which subsection (36) applies is to be repaired, the insurance company must ensure that the insurance proceeds are paid to the repairer on account of the repairs.

Crown may seize vehicle if it is not relinquished

242.3(39)   If the motor vehicle is not relinquished under subsection (25), a person authorized by the Minister of Justice may, without notice or legal process, take possession of the vehicle from any person on behalf of the Crown. For this purpose, the person may enter upon the land where the motor vehicle is located and do such things and take such action as he or she considers necessary to take possession of it.

Personal information about alleged offender may be disclosed

242.3(40)   The government may, for the purpose of informing a motor vehicle owner about the circumstances of the vehicle's liability to forfeiture, disclose personal information about the alleged offender in an owner's notice of forfeiture and about the convicted person in a notice to relinquish a motor vehicle.

Sending confirmation statement

242.3(41)   Instead of sending a copy of a registered financing statement to a motor vehicle owner, secured party or insurance company under subsection (9), (11) or (36), the designated person may send the owner, party or company a copy of a statement, issued by the Personal Property Registry, confirming registration of the financing statement.

Regulations

242.3(42)   The Lieutenant Governor in Council may make regulations

(a) respecting notices of forfeiture and other notices under this section;

(b) respecting the manner of giving or sending notices and other documents under this section;

(c) prescribing fees for the purpose of clause (12)(b);

(d) for the purpose of subsections (15) and (33), respecting the determination of the value of motor vehicles;

(e) respecting the deposit of money or security for money under subsection (15), including the disposition of interest earned on deposits;

(f) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

S.M. 2001, c. 29, s. 7; S.M. 2004, c. 11, s. 7; S.M. 2005, c. 8, s. 17; S.M. 2005, c. 31, s. 4; S.M. 2008, c. 5, s. 2; S.M. 2009, c. 9, s. 2; S.M. 2014, c. 23, s. 3.

MOTOR VEHICLES INVOLVED IN RACING — SEIZURE, IMPOUNDMENT AND DRIVER'S LICENCE SUSPENSION

Definition

242.4(1)    In this section, "designated person" means a person designated by the Minister of Justice for the purpose of this section.

Seizure and impoundment of certain vehicles

242.4(2)    Subject to subsection (4), a peace officer may seize a motor vehicle and impound it for seven days if the officer has reason to believe that the vehicle is being or has been driven on a highway in a race.

Factors peace officer may consider

242.4(3)    In deciding, for the purposes of subsection (2) or (17), whether two or more motor vehicles are being or have been driven in a race, a peace officer may take into consideration the manner in which the vehicles are or were driven and the actions or comments of the drivers and any other participants, including, but not limited to, any of the following factors:

(a) the operation of the vehicles at high speed;

(b) whether there was sudden or rapid acceleration of the vehicles;

(c) whether the acceleration of the vehicles occurred at a location that is known to the peace officer as a location for racing;

(d) any communication between the drivers or the passengers of the vehicles, by action, gesture or word, of an agreement or challenge to race;

(e) any evidence of planning or conduct by a person that the peace officer believes indicates the person's intention to engage in a contest of speed;

(f) any evidence of a bet or wager;

(g) whether the driver or any of the passengers of one involved vehicle know the driver or any of the passengers of another involved vehicle.

Motor vehicle released for safety, undue hardship

242.4(4)    Where a peace officer is satisfied that the seizure and impoundment of a motor vehicle under subsection (2) would jeopardize the safety of, or cause undue hardship to, any person, or is, in the opinion of the officer, not practicable in the circumstances, the peace officer may delay taking custody of the motor vehicle, in which case the peace officer may permit the motor vehicle to be driven to a location specified by the peace officer, where any peace officer may take custody of it.

Application for order to seize and impound

242.4(5)    Where under subsection (4) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not impounded at that location, a peace officer may make application to a justice for an order to seize the vehicle and impound it in accordance with this section, with necessary modifications.

Release of stolen vehicle

242.4(6)    A peace officer who is satisfied that a motor vehicle seized under subsection (2) had been stolen may release the vehicle to the owner, or a person authorized by the owner to take possession of it.

Duties of peace officer

242.4(7)    Where a motor vehicle has been seized and impounded, the peace officer shall

(a) complete a notice of seizure setting out

(i) the name and address of the driver, and of the owner if the driver is not the owner and discloses the name and address of the owner,

(ii) the year, make and serial number of the motor vehicle,

(iii) the date and time of the seizure and the date and time the vehicle may be released from impoundment,

(iv) the place where the vehicle is to be impounded, and

(v) the particulars of the officer's reasons to believe that the vehicle was driven in a race;

(b) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner;

(c) give the driver a copy of the notice;

(d) cause a copy of the notice to be given to the owner;

(e) cause a copy of the notice to be given to the garage keeper who stores the motor vehicle; and

(f) retain a copy of the notice.

Costs relating to impoundment are lien on vehicle

242.4(8)    A motor vehicle that is seized and impounded under this section shall be stored where the peace officer directs, and the following amounts are a lien on the impounded vehicle that may be enforced in the manner provided in The Garage Keepers Act:

(a) costs and charges prescribed by a regulation made under subsection 319(1);

(b) expenditures for searches, registrations and other charges under The Personal Property Security Act that are reasonably necessary for the garage keeper to comply with the requirements of The Garage Keepers Act.

Release of vehicle after impoundment period

242.4(9)    Unless otherwise required by this Act, and subject to subsection (8) (lien), a motor vehicle is to be released to its owner or a person authorized by the owner after the period of impoundment expires.

No removal of impounded vehicle except as authorized

242.4(10)   No person shall remove or release or permit the removal or release of a motor vehicle that is impounded under this section from the place of impoundment unless one of the following provisions applies to the vehicle:

(a) subsection (6) (stolen vehicle);

(b) subsection (9) (expiry of impoundment period).

Officer may direct movement of vehicle

242.4(11)   A peace officer may direct that an impounded motor vehicle be moved for the purpose of impounding it at another location.

Effect of lien

242.4(12)   A motor vehicle that is subject to a lien under this section shall remain impounded until the amount of the lien is paid or the vehicle is disposed of in accordance with this section and the regulations.

Disposal of impounded vehicle by garage keeper

242.4(13)   Despite subsection (12), a garage keeper who stores a motor vehicle that is impounded under this section may, on the expiry of the period of impoundment and with the approval of the designated person, dispose of it, by sale or otherwise, after delivering the number plates from the vehicle to the designated person and filing with the designated person

(a) a statutory declaration of the garage keeper declaring that the amount of his or her lien on the motor vehicle exceeds his or her estimate of its value;

(b) a certificate issued under The Personal Property Security Act showing that the serial number of the motor vehicle is not identified as an item of collateral in the personal property registry; and

(c) a copy of the notice of seizure.

Transfer of ownership to garage keeper

242.4(14)   Where under subsection (13) the designated person approves the disposal of a motor vehicle by a garage keeper, the designated person shall complete a transfer of vehicle ownership, in a form that the Minister of Justice may prescribe, from the owner of the motor vehicle to the garage keeper.

Personal property in motor vehicle

242.4(15)   Subject to subsection 242(5) of this Act and subsection 54(3) of The Off-Road Vehicles Act, personal property present in or on a motor vehicle which has been seized and impounded, other than personal property attached to or used in connection with the operation of the motor vehicle, shall be returned to the owner upon request.

Owner's right against driver

242.4(16)   The owner of a motor vehicle seized under this section may recover any lien costs that he or she has paid from the person who was the driver at the time of the seizure.

Racing — suspension of driver's licence

242.4(17)   A peace officer who has reason to believe that a motor vehicle is being or has been driven on a highway in a race may, under subsection (18), impose a driver's licence suspension or driving disqualification on the driver.

Suspension and disqualification by order

242.4(18)   In the circumstances described in subsection (17), the peace officer may, on the registrar's behalf, take whichever of the following actions applies to the driver:

(a) if the driver holds a valid driver's licence, the peace officer may

(i) take possession of it, and

(ii) by serving a suspension and disqualification order on the driver, suspend the driver's licence and disqualify the driver from driving a motor vehicle in Manitoba for seven days;

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

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

Documents to be sent to registrar

242.4(19)   A peace officer who serves a suspension and disqualification order under subsection (18) must, without delay, send to the registrar

(a) a copy of the completed order; and

(b) a report sworn or solemnly affirmed by the peace officer.

Use of required forms

242.4(20)   A suspension and disqualification order and peace officer's report under this section must be in the form, contain the information and be completed in the manner required by the registrar.

Duty to surrender driver's licence

242.4(21)   On being served with the suspension and disqualification order, the driver must without delay surrender his or her driver's licence to the peace officer, but the driver's licence is suspended whether or not the driver surrenders it.

Return of driver's licence

242.4(22)   When a suspension and disqualification period under this section ends, the surrendered driver's licence must be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence.

Reinstatement charges

242.4(23)   A person whose driver's licence is suspended under this section or who is disqualified under this section from holding a driver's licence or driving a motor vehicle in Manitoba must pay the reinstatement charge specified in relation to this section in the regulations made under section 331.

S.M. 2004, c. 11, s. 8; S.M. 2013, c. 8, s. 3.

UNLAWFULLY PARKED VEHICLES

Moving of vehicle unlawfully parked

243(1)      Where a peace officer or any person duly authorized for the purpose by the traffic authority has reasonable and probable cause for believing that a vehicle is standing, or is parked,

(a) in violation of subsection 90(1), (3) or (9), section 93 or 230, or of any rule made under any of those provisions, or in violation of section 122, 123 or 222; or

(b) in a position that causes it to interfere with removal of snow from a highway by a person authorized to do so by the traffic authority; or

(c) in a position that causes it to interfere with fire fighting;

he may move the vehicle or cause it to be moved, or may require the driver or person in charge of the vehicle to move it to a position determined by the peace officer or other authorized person.

Removal of parked vehicle, etc.

243(2)      Where a peace officer has reasonable and probable cause to believe that an unattended vehicle is

(a) in violation of subsection 90(1), (3) or (9), section 93 or 230, or of any rule made under any of those provisions, or in violation of section 122, 123 or 222; or

(b) apparently abandoned on or near a highway; or

(c) a motor vehicle on a highway without the number plate or plates required to be displayed on it under The Drivers and Vehicles Act or the regulations under that Act;

he or she may take the vehicle into his custody and cause it to be taken to, and stored in, a suitable place.

Costs of moving and storage

243(3)      Costs and charges incurred in moving or storing a vehicle or both, under subsections (1) and (2) 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 or other authorized person.

S.M. 1997, c. 37, s. 24; S.M. 2005, c. 37, Sch. B, s. 49.

PROCEDURE

Trial by justice of the peace

244         A justice of the peace may hear, try, determine, and adjudge prosecutions, charges, matters, and proceedings in cases arising under this Act.

Limitation on prosecution for offence

245         Subject as herein expressly otherwise provided, no proceedings against any person for an alleged offence under this Act shall be instituted more than six months after the time when the alleged offence was committed.

Oath not required on information

246         An information laid by a peace officer for an alleged offence under this Act or the regulations, or under a municipal by-law passed pursuant to this Act, is not required to be taken under oath.

Admissibility of supplemental report

247(1)      The fact that a supplemental report has been made as required by section 159 is admissible in evidence solely to prove compliance with that section, and the supplemental report or any part thereof or any statement contained therein, is not admissible in evidence in any trial, civil or criminal, arising out of the accident in respect of which the supplemental report was made.

Certificate of registrar

247(2)      In a prosecution for violation of section 155, 156 or 159, a certificate purporting to be signed by the registrar certifying that any report required under any of those sections has or has not been made is admissible in any action or proceeding in any court, or in any matter before a board, commission or other body as prima facie proof of the facts certified, without proof of the signature of the registrar.

Signature of registrar

247(2.1)    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 facts were indicated on that document.

Place of offence when report not made

247(3)      In a prosecution for failure to make a report required by section 155, 156 or 159, in respect of an accident, the place where the accident occurred shall be conclusively deemed to be the place of the offence.

S.M. 1994, c. 4, s. 13.

248         [Repealed]

S.M. 1994, c. 4, s. 14; S.M. 1995, c. 33, s. 10; S.M. 2001, c. 7, s. 22.

Benefit of fines

249         A fine or penalty imposed by 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 thereby; and in all other cases the fine or penalty enures to the benefit of Her Majesty in right of the province, and shall be transmitted by the convicting justice to the Minister of Finance.

Description of offence under subsections 95(3) and 188(2)

250(1)      In describing an offence under subsection 95(3) or 188(2), it is sufficient to charge an accused person with driving carelessly, and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constitute the offence charged; and the conviction of the judge or justice is sufficient if it sets forth that the accused did drive carelessly without setting forth the specific acts or circumstances that constituted the offence.

Description of speeding offence

250(2)      In describing an offence under subsection 95(1) or section 96 or under subsection 98(5) or (7), it is sufficient to charge an accused person with exceeding the speed limit; and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constituted the offence charged; and the conviction by the judge or justice is sufficient if it sets forth that the accused did exceed the speed limit without setting forth the specific acts or circumstances that constituted the offence.

Description of offence under subsection 95(3)

250(3)      In describing an offence under subsection 95(3), it is sufficient to charge an accused with driving imprudently, and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constitute the offence charged; and the conviction of the judge or justice is sufficient if it sets forth that the accused did drive imprudently without setting forth the specific acts or circumstances that constituted the offence.

251         [Repealed]

S.M. 1991-92, c. 25, s. 55.

Successive offences

252         Where a penalty is provided in this Act for a first, second, third or subsequent offence, the words "first", "second", "third" or "subsequent" relate only to offences committed in the same period of 36 months; but this section does not apply to an offence under section 213 or, for the purpose of determining the length of a period of suspension or disqualification under subsection 264(1.1) or (6.1), to the offences referred to in subsection 264(1).

S.M. 2001, c. 29, s. 8; S.M. 2005, c. 31, s. 5.

Proceedings where previous convictions

253         The proceeding upon an information for an offence against any provision of this Act, in a case where a previous conviction or previous convictions are charged, shall be as follows:

(a) The judge or justice shall, in the first instance, inquire concerning the subsequent offence, and if the accused is found guilty thereof he shall then be asked whether he was so previously convicted as alleged in the information, and if he answers that he was so previously convicted he shall be sentenced accordingly; but if he denies that he was so previously convicted, or does not answer the question, the judge or justice shall then inquire concerning the previous conviction or convictions.

(b) A certificate purporting to be under the hand of the convicting judge or justice, or of the Registrar of the Court of Queen's Bench or a deputy registrar of the Court of Queen's Bench to whose office a conviction has been returned, or the registrar, is admissible in evidence, without proof of the signature or official character of the person signing it or of the identity of the person charged with the person named in the certificate, if the name is the same, as prima facie proof of the previous conviction or convictions and of all the facts set forth in the certificate.

(c) In the event of a conviction for any second or subsequent offence becoming void or defective after the making thereof, by reason of any previous convictions being set aside, quashed, or otherwise rendered void, a judge of the court or the justice by whom the second or subsequent conviction was made shall summon the person convicted to appear at a time and place to be named, and shall thereupon, upon proof of the due service of the summons, if the person fails to appear, or on his appearance, amend the second or subsequent conviction, and adjudge such penalty or punishment as might have been adjudged had the previous conviction never existed; and the amended conviction shall thereupon be held valid to all intents and purposes as if it had been made in the first instance.

Reduction of penalty

254(1)      In any prosecution for an offence against this Act other than an offence under section 68, 71, 86 or 317 if the judge or justice is satisfied from the evidence that the offence charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the judge or justice may, notwithstanding anything in this Act, instead of imposing the penalty in this Act provided for the offence,

(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;

(b) reprimand the accused;

(c) suspend the sentence; or

(d) grant a conditional or absolute discharge.

Reduction of penalty in certain cases

254(2)      In any prosecution under this Act, other than under section 71 or 86, in respect of the operation of a truck, commercial truck, or public service vehicle for a weight in excess of the gross weight specified thereunder, if the judge or justice is satisfied that the weight is not in excess of the tolerance specified in regulations by reason of circumstances not wholly attributable to the accused, the judge or justice may grant a conditional or absolute discharge to the accused and in the case of a prosecution under section 71, where the material being hauled consists of clay or mud obtained from an excavation of a highway or building, and no scales are available at the location of loading or within a reasonably close distance from the location of loading, if the judge or justice is satisfied from the evidence that the offence charged occurred under circumstances not wholly attributable to the fault of the accused, he may

(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;

(b) reprimand the accused;

(c) suspend the sentence; or

(d) grant a conditional or absolute discharge.

Reasons to be noted

254(3)      Where a disposition is made under subsection (1) or (2), and the proceedings are not recorded by a person authorized to record or transcribe evidence and proceedings in writing or by a device authorized under section 27 of The Manitoba Evidence Act, the judge or justice shall record the reasons for the disposition on the information or offence notice, or on a page that shall then be attached to the information or offence notice, and signed by the judge or justice.

S.M. 1985-86, c. 13, s. 4; S.M. 1989-90, c. 56, s. 34; S.M. 2004, c. 30, s. 29.

EVIDENCE FROM MACHINES

Evidence from speed-timing devices

255(1)      Where

(a) any person is charged with committing an offence under this Act by reason of driving a motor vehicle on a highway at any time at a speed that, at that time and on that highway, was unlawful under this Act;

(b) the speed at which the person was driving the motor vehicle, at the time and place charged, was determined by speed-timing device; and

(c) evidence of that speed is tendered to the judge or justice by way of the production of a recording made by the speed-timing device, or by the oral evidence of the peace officer operating the speed-timing device at the time the alleged offence was committed;

if the speed-timing device is of a type that has been approved by the Minister of Justice as being suitable for determining the speed at which motor vehicles on the highway are travelling, and the judge or justice is satisfied that it was in good working order at the time that the recording was made, he may accept the recording or the testimony of the peace officer as evidence without requiring expert evidence respecting the functions and operation of the speed-timing device or of its efficiency for the purpose of determining the speed at which motor vehicles are being driven on highways.

Evidence of particulars of registration

255(2)      A book or card, or other record or document, purporting to be issued by the registrar or caused to be prepared by, or at the request of, or under the authority of, the registrar,

(a) on which there is printed a notice stating that the book, card, record, or document is issued by or under the authority of the registrar; and

(b) containing all or some of the particulars furnished to the registrar on registration with him of one or more motor vehicles or trailers;

is admissible in evidence as prima facie proof of the details and particulars set forth therein respecting any motor vehicle or trailer therein designated or described and of the registration thereof.

Approval of speed-timing devices

255(3)      For the purposes of subsection (1), the Minister of Justice may, by regulation, approve types of speed-timing devices and prescribing forms for recording and reporting the accuracy of such timing devices.

Appointment of testers

255(4)      The Minister of Justice may appoint one or more qualified persons as testers of various types of speed timing devices approved under subsection (3); and a certificate certifying as to the accuracy of a speed timing device of a type approved under subsection (3) issued by a person so appointed as a tester of that type of speed timing device is admissible as prima facie proof of the accuracy of the speed timing device without proof of his signature or appointment.

255(5)      [Repealed] S.M. 2005, c. 37, Sch. B, s. 50.

Definition of "speed-timing device"

255(6)      In this section "speed-timing device" does not include a speedometer or image capturing enforcement system.

S.M. 1989-90, c. 55, s. 10; S.M. 1993, c. 48, s. 68; S.M. 2002, c. 1, s. 6; S.M. 2005, c. 37, Sch. B, s. 50.

Photographic copies

256         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. 1989-90, c. 55, s. 11.

Certificate as to timing lines on highway

257         The Minister of Justice may appoint one or more engineers employed by the government under the member of the Executive Council responsible for the construction and maintenance of provincial highways, for the purpose of certifying the accuracy of lines painted on the surface of a roadway for the purpose of determining the speed of motor vehicles by means of aircraft; and, a certificate issued certifying as to the accuracy of such lines and issued by a person so appointed is admissible as prima facie proof of the accuracy of those lines without proof of his signature or appointment.

S.M. 1993, c. 48, s. 68.

Use of image capturing enforcement systems

257.1(1)     Municipalities, and peace officers acting on behalf of municipalities or the government, may use image capturing enforcement systems only if they are authorized to do so by the regulations and only

(a) for enforcing subsections 88(7) and (9) (red light offences), subsection 95(1) (speeding offences), clauses 134(2)(b) and (c) (railway crossing offences) and subclauses 134(6)(a)(i) and (b)(i) (railway crossing offences); and

(b) in accordance with any conditions, limitations or restrictions in the regulations about the use of such systems.

Limitations re speed limit enforcement

257.1(2)    Without limiting the generality of subsection (1), when municipalities and peace officers acting on behalf of municipalities or the government use image capturing enforcement systems for speed limit enforcement, they may only use them to detect speed limit violations that occur

(a) in construction zones, playground zones and school zones; and

(b) at intersections that are controlled by traffic control lights.

Municipalities' use of surplus fine revenue

257.1(3)    If a municipality's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the municipality must use the surplus revenue for safety or policing purposes.

Province's use of surplus fine revenue

257.1(4)    If the government's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the government must use the surplus revenue for safety or policing purposes in the part of the province in which the offence was committed.

S.M. 2002, c. 1, s. 7; S.M. 2004, c. 30, s. 30.

Image capturing enforcement system evidence

257.2(1)    A reproduction on paper of an image obtained through the use of an image capturing enforcement system is admissible in evidence in a proceeding commenced by offence notice under The Summary Convictions Act relating to an alleged offence under a provision mentioned in clause 257.1(1)(a) if the reproduction

(a) shows the vehicle and the number plate displayed on it; and

(b) displays, or has appended to it, the information prescribed by regulation in relation to the provision.

Use of reproduction at trial

257.2(2)    In the absence of evidence to the contrary, a reproduction described in subsection (1) is proof, in relation to the vehicle, of the number plate displayed on the vehicle and of the information displayed on the reproduction or appended to it.

S.M. 2002, c. 1, s. 7.

Appointment of tester

257.3(1)    The minister may appoint persons by name, title or office as testers to test image capturing enforcement systems or types of image capturing enforcement systems.

Tester's certificate as evidence

257.3(2)    In any prosecution described in subsection 257.1(1) and based on evidence obtained through the use of an image capturing enforcement system, a certificate

(a) stating the result of the test of the image capturing enforcement system identified in the certificate;

(b) stating that the test was conducted at a specified time that is within the time prescribed in the regulations before or after the date of the offence charged; and

(c) purporting to be signed by a tester who is appointed by the minister to test image capturing enforcement systems of the type identified in the certificate;

shall 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 appointment as tester of the person signing the certificate.

S.M. 2002, c. 1, s. 7.

Tester or peace officer may be required to attend court

257.4       A person against whom a certificate under section 257.3 or a reproduction of an image under section 257.2 is produced may, with leave of the court, require the attendance of the following persons for the purposes of cross-examination:

(a) the tester who signed the certificate;

(b) the peace officer who caused or authorized the offence notice to be delivered to the person; and

(c) if the image capturing enforcement system is of a type that is operated by an on-site operator, the peace officer who operated it.

S.M. 2002, c. 1, s. 7.

Impoundment or surrender of licences

258(1)      When a driver's licence or permit is required or authorized to be impounded, surrendered or delivered to a person under this or any other Act, whether as the result of a conviction or not, the person who is to impound it or to whom it is to be surrendered or delivered shall impound or take possession of it and send it to the registrar.

258(2)      [Repealed] S.M. 2008, c. 36, s. 39.

Suspension of licence or permit not surrendered

258(3)      If a person who is required under this or any other Act to surrender or deliver a licence or permit does not do so, the licence or permit is nevertheless suspended.

S.M. 1987, c. 23, s. 16; S.M. 1989-90, c. 55, s. 12; S.M. 1998, c. 41, s. 30; S.M. 2008, c. 36, s. 39.

REPORTS OF CONVICTIONS AND JUDGMENTS

Certificate of conviction or order sent to registrar

259(1)      Every judge or justice, with respect to

(a) each conviction made by him or her for an offence mentioned in section 264; and

(b) each order made by the judge or justice cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence, or prohibiting any person from driving a motor vehicle;

shall forthwith send to the registrar a certificate, transcript, or certified copy of the conviction or order.

Certificate of orders sent to registrar

259(2)      Every registrar, deputy registrar or clerk of a court, with respect to

(a) each order, judgment, or conviction for an offence mentioned in section 264;

(b) each order or judgment of the court cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence or prohibiting any person from driving a motor vehicle;

(c) each order or judgment of the court in an action for damages resulting from bodily injury to, or the death of, any person or from damage to property exceeding $100.00 occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle; or

(d) each order entered as a judgment of the court pursuant to subsection 13(3) of The Unsatisfied Judgment Fund Act;

shall forthwith send to the registrar a certificate, transcript or certified copy, of the order or judgment.

Fee for certificate

259(3)      A judge, justice, Registrar, deputy registrar, clerk or other officer, charged with a duty under subsection (1) or (2) is entitled to collect and receive the prescribed fee for each certificate, transcript, or copy, forwarded to the registrar as in those subsections required; and the fee shall be paid as part of the costs, in the case of a conviction, by the person convicted, and in the case of an order or judgment, by the person for whose benefit the order or judgment is made.

Certificate as evidence

259(4)      A certificate, transcript or copy, sent to the registrar pursuant to subsection (1) or (2), is admissible in evidence as prima facie proof of the conviction, order, judgment, appeal, or proceedings, to which reference is made therein.

Certificates respecting non-residents

259(5)      Where a person convicted, or against whom an order is made, as mentioned in subsection (1) or (2), is not resident in the province but resides in another part of Canada or in a state or territory, or the District of Columbia, in the United States, the registrar shall forthwith send to the proper officer in charge of the registration of motor vehicles and the licensing of drivers in that part of Canada or in that state, territory, or district, a certificate, transcript, or certified copy, of the conviction, order, or judgment.

Notice to other jurisdictions of suspensions, etc., in Manitoba

259(6)      Where under this Act, a person who is not a resident of the provinces loses, by suspension or cancellation, the privilege of driving a motor vehicle in the province, or of using or having in the province a motor vehicle registered in any province, territory, state, or country in his name, if the person resides in another part of Canada or in a state, territory, or the District of Columbia, in the United States, the registrar, if he has notice in writing of the suspension or cancellation, shall forthwith send to the proper officer in charge of the registration of motor vehicles and the licensing of drivers in that province or other part of Canada or in that state, territory, or district, a notice of the cancellation or suspension containing a brief statement of the reasons therefor.

S.M. 1986-87, c. 14, s. 27 and 28; S.M. 1998, c. 41, s. 30.

260         [Repealed]

S.M. 2005, c. 37, Sch. B, s. 51.

CONVICTIONS CERTIFIED TO REGISTRAR

Certificate of conviction to registrar

261(1)      A judge or justice who convicts any person

(a) of an offence under this Act or under any other Act of the Legislature or of the Parliament of Canada committed in the operation of a motor vehicle; or

(b) of an offence under a municipal by-law passed pursuant to this Act, committed in the operation of a moving motor vehicle;

shall forthwith certify the conviction or judgment to the registrar in such form as the registrar may require, setting out the name, address, and description, of the person convicted or so adjudged, the nature and number of his licence, if any, the registration number of the motor vehicle with which the offence or violation was committed, the name of the Act or by-law, and the number of the section thereof, contravened, and the time the offence was committed.

Subsection (1) not to apply to certain offences

261(1.1)    Subsection (1) does not apply to an offence under subsection 88(7) or (9) (red light offences), subsection 95(1) (speeding offences) or clause 134(1)(b) or (c) (railway crossing offences) if the evidence of the offence was obtained by an image capturing enforcement system.

261(2)      [Repealed] S.M. 2005, c. 37, Sch. B, s. 51.

Fee for certificate added

261(3)      The judge or justice is entitled to add to the costs of conviction the amount of the prescribed fee for his costs of the certificate.

Certificate as evidence

261(4)      A copy of the certificate, certified by the registrar, is admissible in evidence as prima facie proof of the conviction, and may be given in evidence without proof of the signature of the person certifying or of the convicting judge or justice or of his appointment to office.

S.M. 2002, c. 1, s. 8; S.M. 2005, c. 37, Sch. B, s. 51.

Payment of storage charges where conviction quashed

262         Where a conviction to which section 225 refers is quashed or set aside and the vehicle seized, impounded, or taken is, on an order of the court, delivered to the person convicted, the reasonable costs and charges for the care or storage thereof until the date of the order are chargeable to the Minister of Finance and shall be paid by him from the Consolidated Fund to the person providing the care or storage or, if they have been paid by or on behalf of the person convicted, to the person who paid them.

DISQUALIFICATION TO HOLD LICENCE

263         [Repealed]

S.M. 1986-87, c. 14, s. 29; S.M. 1989-90, c. 56, s. 35; S.M. 1994, c. 25, s. 4; S.M. 2001, c. 19, s. 28; S.M. 2005, c. 37, Sch. B, s. 51.

Definitions

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

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

"evaluation" means an evaluation within the meaning of subsection 254(3.1) of the Criminal Code consisting of the tests and following the procedures prescribed in the regulations made under section 254.1 of that Act. (« évaluation »)

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

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

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

Grounds for suspension

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

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

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

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

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

(b.1) after a demand in accordance with subsection 254(3.1) of the Criminal Code, a person refuses to accompany the peace officer for the purpose of an evaluation, refuses to submit to an evaluation or fails to follow instructions regarding the evaluation;

(b.2) after a demand in accordance with subsection 254(3.4) of the Criminal Code, a person refuses or fails to provide a sample of oral fluid, urine or blood;

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

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

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

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

(e) after a demand in accordance with subsection 254(3.1) of the Criminal Code, the following criteria are met:

(i) the peace officer who takes the action is the peace officer who made the demand or is the peace officer conducting the evaluation, as permitted by that subsection,

(ii) based on the person's performance on the evaluation, the peace officer conducting it, as permitted by that subsection, believes that the person is unable to safely operate a motor vehicle, a vessel, an aircraft or railway equipment.

Suspension and disqualification by order

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

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

(i) take possession of it, and

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

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

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

Documents to be sent to registrar

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

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

(b) a copy of the completed order;

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

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

Use of required forms

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

Duty to surrender driver's licence

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

Effective date and period of suspension

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

1.

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

2.

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

(a) it is the first order that has been served on the person under this section within the previous 10 years, the suspension and disqualification period is 72 hours beginning at the effective time set out in the order, unless rule 3 applies;

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

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

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

3.

If a person under the age of 16 years is a passenger in or on the motor vehicle, a vessel, an aircraft or railway equipment operated by, or in the care and control of, the person named in the suspension and disqualification order, the suspension and disqualification period set out in clause (a) of rule 2 is increased to seven days beginning on the day on which the order is served.

Suspension period when number of previous orders unclear

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

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

(b) the suspension and disqualification order shall state

(i) that the suspension period

(A) is not less than 72 hours beginning at the effective time set out in the order or, if rule 3 of subsection (7) applies, is not less than seven days beginning on the day that the order is served, and

(B) is 15, 30 or 60 days respectively beginning on the day that the order is served if it is the second order, third order, or fourth order or more served on the recipient in the previous 10 years, and

(ii) that, as soon as practicable, the registrar will by letter confirm whether the suspension and disqualification period is the applicable period referred to in paragraph (i)(A) or is 15, 30 or 60 days; and

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

Confirmation of suspension period by registrar

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

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

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

Service of registrar's letter

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

Request for second analysis

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

Second analysis governs suspension and disqualification

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

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

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

Calibration of screening device

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

Presumption respecting calibration

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

Return of licence

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

Reinstatement charges

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

Removal of vehicle

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

Costs of removal and storage

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

S.M. 1989-90, c. 4, s. 9; S.M. 1989-90, c. 7, s. 11 to 13; S.M. 1999, c. 12, s. 8; S.M. 2001, c. 19, s. 29; S.M. 2004, c. 11, s. 9; S.M. 2005, c. 37, Sch. B, s. 52; S.M. 2010, c. 52, s. 4; S.M. 2014, c. 23, s. 4; S.M. 2015, c. 39, s. 7.

Review of suspension and disqualification

263.2(1)    Within one year after being served with a suspension and disqualification order under section 263.1, a person may apply for review of the order by

(a) filing an application for review with the registrar;

(b) paying the prescribed fee, and where an oral hearing is requested, the prescribed oral hearing fee;

(c) obtaining a date and time for a hearing; and

(d) surrendering his or her licence or permit if it has not previously been surrendered, unless he or she certifies to the registrar that the licence or permit has been lost or destroyed.

Application forms

263.2(2)    The application for review shall be in the form, contain the information and be completed in the manner required by the registrar.

Written evidence

263.2(3)    The application for review may be accompanied by sworn statements or other evidence which the person wishes the registrar to consider.

Application not to stay suspension

263.2(4)    An application does not stay the suspension of or disqualification from holding a licence or permit, or the disqualification from driving a motor vehicle.

Hearing not required

263.2(5)    The registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fees.

Considerations of registrar

263.2(6)    In a review under this section, the registrar shall consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information;

(b) the report of the peace officer;

(c) a copy of any certificate of analysis under section 258 of the Criminal Code without proof of the identity and official character of the person appearing to have signed the certificate or that the copy is a true copy; and

(d) where an oral hearing is held, in addition to matters referred to in clauses (a), (b) and (c), any relevant evidence and information given or representations made at the hearing.

Issues before registrar on a review

263.2(7)    Subject to subsection (7.1), the issues before the registrar in a review under this section are whether the suspension and disqualification order served on the person was the first, second, third, fourth or more served on him or her during the relevant 10-year period, if applicable, and

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

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

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

(c.1) if the suspension and disqualification order was served based on a ground set out in clause 263.1(2)(b.1), whether, after the demand in accordance with subsection 254(3.1) of the Criminal Code, the person refused to accompany a peace officer for the purpose of an evaluation, refused to submit to vbgan evaluation or failed to follow instructions regarding the evaluation;

(c.2) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(b.2), whether, after the demand in accordance with subsection 254(3.4) of the Criminal Code, the person refused or failed to provide a sample of oral fluid, urine or blood;

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

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

(f) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(e), whether, after a demand in accordance with subsection 254(3.1) of the Criminal Code, the peace officer conducting the evaluation, as permitted by that subsection, had reason to believe that the person was unable to safely operate a motor vehicle, a vessel, an aircraft or railway equipment based on the person's performance on the evaluation.

Additional issue — age of passenger

263.2(7.1)  In a case in which the suspension and disqualification period was increased under rule 3 of subsection 263.1(7), the additional issue of whether a person under the age of 16 years was a passenger in or on the motor vehicle, vessel, aircraft or railway equipment is before the registrar in a review under this section.

Time of hearing

263.2(8)    The registrar shall

(a) where no oral hearing is requested, consider the application within 10 days of compliance with clauses 263.2(1)(a), (b) and (d); and

(b) where an oral hearing is requested, hold the hearing within 20 days of compliance with subsection 263.2(1);

but failure of the registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the registrar to consider or hear the application or to make a decision with respect to it.

When evidence supports order

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

When evidence does not support number of previous suspensions

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

When evidence does not support age of passenger

263.2(9.2)  When — on a review referred to in subsection (7.1) — the evidence before the registrar supports an affirmative determination on the issue referred to in clause (7)(d), (e) or (f) that is under review, but does not support the allegation that a person under the age of 16 years was a passenger, the registrar shall amend the order to provide for a suspension and disqualification of 72 hours.

When evidence does not support order

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

(a) revoke the suspension and disqualification order;

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

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

Failure of appellant to appear

263.2(11)   Where the appellant who requests an oral hearing fails to appear without prior notice to the registrar, the right to a hearing is deemed to have been waived by the appellant.

Copy of decision

263.2(12)   The decision of the registrar shall be in writing and a copy of it shall be sent within 7 days of the date the application was considered or the hearing was held by the registrar by registered or certified mail to the person at his or her last known address as shown in the records maintained by the registrar and to the address shown in the application, if that address is different from the address of record.

S.M. 1989-90, c. 4, s. 9; S.M. 1989-90, c. 7, s. 14 to 16; S.M. 1999, c. 12, s. 9; S.M. 2004, c. 11, s. 10; S.M. 2010, c. 52, s. 5; S.M. 2014, c. 23, s. 5; S.M. 2015, c. 39, s. 8.

Definitions relating to automatic suspensions

264(1)      In this section,

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

"Category A offence" means

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

(i) to (ii) [repealed] S.M. 2010, c. 52, s. 6,

(iii) paragraph 253(1)(a) (impaired operation),

(iv) paragraph 253(1)(b) (blood alcohol over .08),

(v) subsection 254(5) (non-compliance with demand),

(vi) to (viii) [repealed] S.M. 2010, c. 52, s. 6,

(a.1) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if the registrar considers the offence to be equivalent to an offence referred to in clause (a),

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

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

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

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

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

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

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

(b) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code, if the value of the parts is $5,000. or less,

(b.1) the offence of possession of property obtained by crime committed under section 354 of the Criminal Code, if the property is motor vehicle parts, the value of which is $5,000. or less,

(b.2) an offence committed under section 355.2 or 355.4 (trafficking in property obtained by crime or possession of such property for trafficking) of the Criminal Code, if the property is

(i) motor vehicle parts, the value of which is $5,000 or less, or

(ii) the proceeds from property referred to in subclause (i),

(c) the offence of being a passenger of a motor vehicle knowing it was taken without its owner's consent, committed under section 335 of the Criminal Code,

(d) an offence committed under subsection 225(1), (1.1) or (1.2) of this Act (drive while disqualified or prohibited) while the offender's licence and right to have a licence are suspended under this section,

(e) an offence under section 5 of the Controlled Drugs and Substances Act (Canada), if the offender drives a motor vehicle during the course of committing the offence; (« infraction de catégorie A »)

"Category B offence" means

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

(i) to (vi.4) [repealed] S.M. 2010, c. 52, s. 6,

(vii) subsection 255(2) (impaired operation causing bodily harm),

(vii.1) subsection 255(2.1) (blood alcohol over .08 — causing bodily harm),

(vii.2) subsection 255(2.2) (non-compliance with demand — causing bodily harm),

(viii) subsection 255(3) (impaired operation causing death),

(viii.1) subsection 255(3.1) (blood alcohol over .08 — causing death),

(viii.2) subsection 255(3.2) (non-compliance with demand — causing death),

(ix) [repealed] S.M. 2010, c. 52, s. 6,

(x) [repealed] S.M. 2004, c. 11, s. 11,

(xi) [repealed] S.M. 2010, c. 52, s. 6,

(a.1) an offence committed by means of, or in relation to, a motor vehicle, a vessel, an aircraft or railway equipment under paragraph 253(1)(a) or (b) or subsection 254(5) of the Criminal Code, if a person under the age of 16 years was a passenger in or on it at a time material to the offence,

(a.2) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if the registrar considers the offence to be equivalent to an offence referred to in any of subclauses (a)(vii) to (viii.2),

(a.3) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if

(i) a person under the age of 16 years was a passenger in or on the motor vehicle at a time material to the offence, and

(ii) the registrar considers the offence to be equivalent to an offence referred to in clause (a) of the definition "Category A offence",

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

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

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

(iii) section 236 (manslaughter),

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

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

(vi) section 249.1 (flight from police),

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

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

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

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

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

(xii) section 434 (motor vehicle arson),

(b) the offence of taking a motor vehicle without its owner's consent committed by a driver under section 335 of the Criminal Code,

(b.1) the offence of motor vehicle theft committed under section 333.1 of the Criminal Code,

(c) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code, if the value of the parts is more than $5,000,

(d) the offence of possession of property obtained by crime committed under section 354 of the Criminal Code, if the property is

(i) motor vehicle parts, the value of which is more than $5,000., or

(ii) a motor vehicle;

(e) an offence committed under section 353.1 (tampering with vehicle identification number) of the Criminal Code,

(f) an offence committed under section 355.2 or 355.4 (trafficking in property obtained by crime or possession of such property for trafficking) of the Criminal Code, if the property is

(i) motor vehicle parts, the value of which is more than $5,000,

(ii) a motor vehicle, or

(iii) the proceeds from property referred to in subclause (i) or (ii); (« infraction de catégorie B »)

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

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

"specified offence related to obtaining sexual services or procuring" means, subject to section 286.5 of the Criminal Code, any of the following offences under that Code if the offender drives a motor vehicle during the course of committing the offence:

(a) the offence of transporting a person to a common bawdy-house committed under section 211 before December 6, 2014,

(b) an offence committed under section 212 (procuring) before December 6, 2014,

(c) an offence under paragraph 213(1)(c) (communication) committed before December 6, 2014,

(d) an offence committed under subsection 213(1) (stopping or impeding traffic) for the purpose of obtaining sexual services for consideration,

(e) an offence committed under section 286.1 (obtaining sexual services for consideration),

(f) an offence committed under section 286.2 (material benefit from sexual services),

(g) an offence committed under section 286.3 (procuring). (« infraction visée se rapportant à l'obtention de services sexuels ou au proxénétisme »)

Automatic suspension for certain offences

264(1.1)    Subject to subsection (1.2), the licence and right to have a licence of a person convicted of a Category A or Category B offence, or of an unrelated series or combination of those offences committed within a 10-year period, is suspended, and the person is disqualified from driving a motor vehicle, for a period determined according to the following table:


Number of convictions for Category A
offences

Number of convictions for Category B
offences

Length of suspension and disqualification
1 0 1 year
2 0 5 years
0 1 5 years
3 0 10 years
1 1 10 years
0 2 10 years
4 or more 0 lifetime
2 or more 1 lifetime
1 or more 2 or more lifetime
0 3 or more lifetime

Increased suspension for refusal

264(1.2)    Despite subsection (1.1), when a person commits

(a) one offence under subsection 254(5) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to two years; or

(b) two offences under subsection 254(5) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to seven years.

Commencement of period of suspension etc.

264(1.3)    A period of suspension or disqualification imposed under subsection (1.1) or (1.2) commences on the later of

(a) the date of the conviction that gives rise to the suspension or disqualification; and

(b) the date of the person's 16th birthday.

Deemed conviction re certain offences

264(1.4)    If a person pleads guilty or is found by the court to be guilty of having committed a Category A or Category B offence and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section.

264(2) and (3)  [Repealed] S.M. 2001, c. 29, s. 9.

264(4)      [Repealed] S.M. 1986-87, c. 14, s. 31.

264(5)      [Repealed] S.M. 1987-88, c. 23, s. 18.

264(6)      [Repealed] S.M. 1994, c. 4, s. 15.

Suspension for specified offence related to obtaining sexual services or procuring

264(6.1)    The licence and right to have a licence of a person convicted of a specified offence related to obtaining sexual services or procuring is suspended, and the person is disqualified from driving a motor vehicle, for

(a) one year from the date of the conviction, if in the 10 years before the date of the offence the person did not commit another specified offence related to obtaining sexual services or procuring for which he or she was also convicted; or

(b) two years from the date of the conviction, if in the 10 years before the date of the offence the person did commit another specified offence related to obtaining sexual services or procuring for which he or she was also convicted.

Impoundment of driver's licence

264(7)      Where a person's driver's licence is suspended under subsection (1.1) or (6.1), the judge or justice who convicts the person shall impound the licence and send it or cause it to be sent to the registrar.

Stay of suspension

264(8)      Where an appeal is taken against a conviction for any offence, and where the licence, permit, right to have a licence or the registration of a vehicle, is suspended or cancelled, or the person is disqualified from obtaining a licence, permit, or registration of a vehicle, or from driving a motor vehicle, pursuant to any provision of this Act, and by reason of the conviction, the judge, or a judge of the court, being appealed to may direct that the suspension, prohibition, cancellation or disqualification be stayed pending the final disposition of the appeal or until otherwise ordered by the court.

Notice of stay to registrar

264(9)      If a stay is directed under subsection (8), the judge or judges of the court being appealed to shall cause a copy of the direction and any order made under section 261 of the Criminal Code to be sent to the registrar. After the registrar receives the direction, the operation of this section is stayed until the registrar receives notice as to the disposition of the appeal.

Request to return licence during stay

264(9.1)    If the appellant's driver's licence is in the registrar's possession and the appellant requests its return, the registrar shall restore the driver's licence to the appellant if

(a) the driver's licence is not suspended under another provision of this Act or a provision of The Drivers and Vehicles Act;

(b) the appellant is not prohibited from driving a motor vehicle other than by reason of the conviction being appealed; and

(c) the appellant has complied with any requirements imposed by the registrar under this Act, The Drivers and Vehicles Act or The Summary Convictions Act.

Where appeal not allowed

264(10)     Upon the disposition of the appeal, if the judgment of the court is that the appeal be not allowed, the judge or judges of the court shall, when delivering judgment, impound and send, or cause to be sent, to the registrar, the driver's licence of the appellant, together with formal notification of the disposition of the appeal; and the provisions of this Act stayed by the direction under subsection (8) shall become operative upon the receipt by the registrar of the formal notification of the disposition of the appeal.

Temporary licence and stay of suspension etc.

264(11)     Subject to subsection (13), where a person is convicted of an offence and the person's licence or right to have a licence is suspended or cancelled under this Act by reason of the conviction, or the person is disqualified under this Act from driving a motor vehicle by reason of the conviction, or both, the convicting judge or justice

(a) may order that the suspension, cancellation or disqualification be stayed for a period not exceeding 45 days from the day on which the conviction was made;

(b) upon making an order under clause (a) staying the suspension or cancellation of the person's licence, shall

(i) require the person convicted to surrender to the judge or justice his or her driver's licence and shall send it or cause it to be sent to the registrar, and

(ii) issue, or cause to be issued, to the person convicted a temporary licence, in a form prescribed by the registrar, valid for the lesser of

(A) the period of the stay,

(B) the number of days that remain unexpired on the licence that was surrendered, and

(iii) record on the certificate of conviction that the suspension or cancellation has been stayed and a temporary licence has been issued to the person convicted; and

(c) upon making an order under clause (a) staying the disqualification of the person from driving a motor vehicle, shall record on the certificate of conviction that the disqualification has been stayed.

Further temporary licence

264(12)     Where under clause (11)(a) the suspension of the licence of a person is stayed for 45 days and under sub-clause (11)(b)(ii) a temporary licence is issued for a period less than 45 days for reasons set out in that sub-clause, the person may apply to the registrar for a further temporary licence and upon payment of the prescribed fees for the temporary licence and insurance premiums payable under The Manitoba Public Insurance Corporation Act and regulations made thereunder, the registrar shall issue to the person a further temporary licence which shall be valid for a period representing the difference between 45 days and the number of days during which the first temporary licence was valid.

Limitation on stay of suspension etc.

264(13)      A judge or justice shall not make an order under subsection (11) unless the judge or justice is satisfied

(a)  that the person convicted intends to appeal the conviction or apply to the appeal board under section 279;

(b) that the person convicted is not disqualified or prohibited from driving a motor vehicle except by reason of the conviction; and

(c) where the order is for a stay of the suspension or cancellation of the driver's licence of the person convicted, that the person holds a valid driver's licence that is not suspended under another provision of this Act or a provision of The Drivers and Vehicles Act.

Beginning of suspension etc. after stay

264(14)     Where a judge or justice orders under subsection (11) that the suspension or cancellation of a person's licence or right to have a licence, or the disqualification of the person from driving a motor vehicle, be stayed, the period of the suspension, cancellation or disqualification begins on the earlier of the expiry of the stay and the expiry of the period for which a temporary licence is issued to the person under subsection (11).

264(15)     [Repealed] S.M. 2001, c. 29, s. 9.

264(16)     [Repealed] S.M. 1999, c. 12, s. 10.

Interpretation

264(17)     For greater certainty, this section applies to a person who is or was convicted of a Category A or B offence, as defined in subsection (1), whether the sentence or other disposition for the conviction is or was under the Criminal Code, the Controlled Drugs and Substances Act (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada).

S.M. 1986-87, c. 14, s. 30 to 37; S.M. 1987-88, c. 23, s. 17 and 18; S.M. 1989-90, c. 56, s. 36 and 37; S.M. 1991-92, c. 25, s. 40; S.M. 1994, c. 4, s. 15; S.M. 1994, c. 25, s. 5; S.M. 1996, c. 26, s. 18; S.M. 1999, c. 12, s. 10; S.M. 1999, c. 35, s. 5 and 8; S.M. 2000, c. 34, s. 5; S.M. 2001, c. 29, s. 9 and 12; S.M. 2002, c. 40, s. 30; S.M. 2004, c. 11, s. 11; S.M. 2004, c. 30, s. 31; S.M. 2005, c. 31, s. 6; S.M. 2005, c. 37, Sch. B, s. 53; S.M. 2005, c. 56, s. 3; S.M. 2008, c. 5, s. 3; S.M. 2009, c. 9, s. 3; S.M. 2010, c. 6, s. 2; S.M. 2010, c. 52, s. 6; S.M. 2011, c. 8, s. 2; S.M. 2014, c. 23, s. 6; S.M. 2015, c. 43, s. 21.

Definitions

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

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

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

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

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

Gross impairment: request to surrender licence

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

Duty to surrender licence

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

Exception for out-of-province driver

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

Suspension and disqualification after request

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

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

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

Duties of peace officer

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

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

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

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

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

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

Return of licence

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

Reinstatement charges

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

Removal of vehicle

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

Costs of removal and storage

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

S.M. 1986-87, c. 14, s. 38 and 39; S.M. 1989-90, c. 56, s. 38 and 39; S.M. 1997, c. 38, s. 5; S.M. 1999, c. 12, s. 11; S.M. 2004, c. 11, s. 12; S.M. 2005, c. 37, Sch. B, s. 54; S.M. 2008, c. 36, s. 40; S.M. 2010, c. 52, s. 7.

Request for surrender of licence

265.1(1)    A peace officer who believes, on reasonable and probable grounds, that a driver of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more is in contravention of this Act or regulations respecting hours of service, shall request the driver to surrender his licence.

Surrender of licence

265.1(2)    Upon a request being made under subsection (1), the driver shall without delay surrender his licence to the peace officer.

Automatic suspension of licence

265.1(3)    Upon a request being made under subsection (1), whether or not the driver surrenders his licence to the peace officer, the driver's licence is suspended and invalid for the purpose of driving a commercial truck having a registered gross weight of 4500 kilograms or more and for the purpose of driving a public service vehicle for the following period:

(a) where a record of hours of service is produced by the driver, for a period commencing from the time of the request and ending at the time at which the peace officer estimates that the driver will comply with the hours of service regulation, but the period of the suspension shall not exceed the number of hours prescribed by regulation, and

(b) where no record of hours of service is provided by the driver, for the number of hours prescribed by regulation.

Duties of peace officer

265.1(4)    Where under this section the licence of a driver is suspended, the peace officer who requested the surrender of the licence shall

(a) keep a written record of the licence suspended with the name and address of the driver and the date and time of the suspension;

(b) provide the driver whose licence is suspended with a written statement of the time from which the suspension takes effect and the length of the period during which his licence is suspended;

(c) where the driver surrenders his licence, give the driver a receipt for it; and

(d) notify the registrar in writing of the suspension of the licence giving the name and address shown on the licence and the number of the licence.

Subsections 265(7) to (10) apply

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

S.M. 1988-89, c. 14, s. 12; S.M. 1991-92, c. 25, s. 56; S.M. 2010, c. 52, s. 8.

266         [Repealed]

S.M. 1994, c. 25, s. 6; S.M. 1999, c. 35, s. 6; S.M. 2004, c. 30, s. 32.

Suspension for liquor offences

267         Notwithstanding anything in any other Act of the Legislature, a judge or justice who convicts any person of a breach of The Liquor and Gaming Control Act, with respect to liquor had or kept or carried in a motor vehicle that is operated for compensation, may suspend, for a period of not less than six months and not more than 12 months,

(a) the licence of the driver thereof; and

(b) the registration of the vehicle, unless it appears to the satisfaction of the convicting judge or justice, that the person convicted is not the owner thereof.

S.M. 2005, c. 8, s. 17; S.M. 2013, c. 51, Sch. B, s. 193.

Temporary permit on suspension of licence

268(1)      Where any person is convicted of an offence under any provision of this Act or the Criminal Code, and, by reason thereof, his licence is suspended under any provision of this Act, or by the convicting judge or justice pursuant to any provision of this Act, a judge or justice or the registrar may issue to the person convicted, in a form prescribed by the registrar, a permit authorizing him to drive a motor vehicle in the province during a period of 24 hours beginning at the time the permit is issued.

Effect of temporary permit

268(2)      Notwithstanding any other provision of this Act, a person to whom a permit is issued under subsection (1) may, during the period stated in the permit, drive in the province any motor vehicle that the licence suspended authorized him to drive; and the suspension of the registration of the motor vehicle, if any, is stayed for the same period as stated in the permit.

DIVISION II

SUSPENSION OF REGISTRATION AND LICENCE SUSPENSION FOR CERTAIN CONVICTIONS

Cancellation of licences etc. when cheque dishonoured

269(1)      When a cheque given in payment of

(a) a fee prescribed by regulation; or

(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;

is dishonoured, the registrar may, until the indebtedness is paid, do one or more of the following:

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

(d) suspend the person's right to have a licence or permit or to register any vehicle;

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

Indebtedness to registrar or M.P.I.C.

269(2)      When a person is indebted for

(a) a fee prescribed by regulation;

(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;

(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;

the registrar may, until the indebtedness is paid, do one or more of the following:

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

(e) suspend the person's right to have a licence or permit or to register any vehicle;

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

Payment of indebtedness

269(3)      When a person in respect of whom the registrar has taken action under subsection (1) or (2) or under subsection 55.1(2) of The Off-Road Vehicles Act applies for a licence or permit or for registration of a vehicle,

(a) the registrar may deny the application unless the applicant pays all

(i) the fees, premiums and other amounts and the indebtedness for benefits, insurance money and the assumption of liability for payment of benefits and insurance money referred to in subsections (1) and (2), and

(ii) any indebtedness referred to in subsection 55.1(1) of The Off-Road Vehicles Act; and

(b) if the payment made with the application is not sufficient to pay all of the amounts described in clause (a), the registrar

(i) may apply the payment, firstly, toward any indebtedness to the registrar 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, and

(ii) subject to The Financial Administration Act, shall refund any balance to the applicant.

S.M. 1985-86, c. 12, s. 16 to 18; S.M. 1989-90, c. 56, s. 40; S.M. 1995, c. 31, s. 13; S.M. 2008, c. 36, s. 41.

SUSPENSION FOR FAILURE TO SATISFY A JUDGMENT

Suspension for judgments in Canada or U.S.A.

270(1)      The registrar shall suspend the licence of each driver, and the registration of every motor vehicle registered in the name of each person, who fails within thirty days to satisfy a judgment rendered against him by any court in Canada or the United States, in an action for damages resulting from bodily injury to, or the death of, another, or damage to property in an amount exceeding $1,000. exclusive of costs, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that driver or person.

Where suspension not required

270(2)      The registrar is not required to suspend, under subsection (1), the licence of a judgment debtor and the registration of motor vehicles registered in his name if he is satisfied that the judgment debtor is insured under a policy of automobile insurance whereby the insurer is obligated to pay the amount of the judgment on which the suspension is based at least to the extent, and for the amounts, mentioned in sub-clause (5)(a)(iv), but has not done so.

Subsequent suspension

270(3)      Where, pursuant to subsection (2), the registrar has not suspended a licence or registration, if subsequently it is determined by a final judgment or order that the insurer is not obligated to pay the amount of the judgment, the registrar shall forthwith suspend the licence and registration as required under subsection (1).

When suspension made

270(4)      A suspension pursuant to subsection (1) shall be made by the registrar upon the expiration of the thirty days and upon receipt by him of

(a) a certificate of the judgment issued by the proper officer of the court in which the judgment was rendered; and

(b) evidence satisfactory to the registrar of the identity of the judgment debtor.

Period of suspension

270(5)      Subject to subsection (7), every licence and every registration suspended pursuant to subsection (1) shall remain so suspended, and shall not thereafter be renewed, nor shall any new licence be thereafter issued to, or registration for the same or any other vehicle be permitted to be made by, or in the name of, the person liable on the judgment, until

(a) in the case of a judgment resulting from

(i) bodily injury to, or the death of, one or more persons, or

(ii) loss of, or damage to property,

in one accident,

(iii) it is discharged (other than by a discharge in bankruptcy), or

(iv) if not discharged, the total amount owing thereunder is satisfied to the extent of $180,000. in the case of a judgment arising from bodily injury or death and at least $20,000. in the case of a judgment arising from damage to property and in any event, to the extent of at least $200,000.; and

(b) in the case of a judgment paid by and assigned to the Minister of Finance under The Unsatisfied Judgment Fund Act (now repealed) the judgment, with interest thereon at 4% per year from the date the payment was made, is discharged.

Payment of judgment in instalments

270(6)      A judgment debtor to whom this section applies, if the judgment was recovered in a court in the province, on due notice to the judgment creditor, may apply to that court for the privilege of paying the judgment in instalments; and the court may, in its discretion, so order and fix the amounts and times of payment of the instalments.

Restoration of licence

270(7)      Where an order has been made by the court pursuant to subsection (6), while the judgment debtor is not in default in payment of the instalments he shall, for the purposes of this section, be deemed not to be in default in payment of the judgment; and if he has given proof of financial responsibility, the registrar may restore the licence and registration or privilege of that judgment debtor, or any one or more of them, until he makes default in paying the instalments; and thereafter as often as default happens shall suspend, and as often as the default is remedied may restore, the licence and registration or privilege or any one or more of them.

Suspension for restitution orders in Canada or U.S.A.

270(8)      Subsections (1) to (5) apply, with necessary changes, to a person who fails within thirty days to satisfy a restitution order issued against him or her by any court in Canada or the United States if the restitution order is issued in respect of bodily injury to another person, the death of another person or damage to property in an amount exceeding $1,000. occasioned by or arising out of the ownership, maintenance, operation, or use, of a motor vehicle by the person ordered to make restitution.

S.M. 1987-88, c. 19, s. 2; S.M. 1991-92, c. 25, s. 40; S.M. 2005, c. 37, Sch. B, s. 55.

SUSPENSION IN CASE OF ACCIDENT

Suspension for serious accidents

271(1)      Subject to subsections (2), (3), and (6), where bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $1,000., results from an accident on a highway in which a motor vehicle is in any manner, directly or indirectly, involved, if the motor vehicle is, or is required to be, registered under The Drivers and Vehicles Act, the registrar, on receipt of notice in writing of the accident, shall suspend the licence of the driver and the registration of every motor vehicle registered in the name of the owner and of the driver.

Revocation of suspension

271(2)      Where the owner of the motor vehicle involved in the accident whose registration is subject to suspension under this section satisfies the registrar that

(a) at the time of the accident the motor vehicle was a stolen motor vehicle or had been taken by a person contrary to section 335 of the Criminal Code; or

(b) the accident was caused by a person having committed a violation of section 209 with respect to the motor vehicle; or

(c) the only damage resulting from the accident is to the owner or driver, or to the motor vehicle, or to property owned by the owner or driver of the motor vehicle;

if the suspension has not already become effective, the registrar shall not suspend the registration, and, if it has become effective, he shall reinstate the registration; and, where the driver of the motor vehicle involved in the accident whose licence or registration is subject to suspension under this section satisfies the registrar that

(d) the accident was caused by a person having committed a violation of section 209 with respect to the motor vehicle; or

(e) the only damage resulting from the accident is to the driver or to the motor vehicle or to property owned by the owner or driver of that motor vehicle; or

(f) at the time of the accident he was unaware that the vehicle was uninsured and furnishes proof of insurance coverage under his driver's licence;

if the suspension has not already become effective, the registrar shall not suspend the licence or registration, and, if it has become effective, he shall reinstate the licence or registration, or both.

Suspension for serious accident

271(3)      Where a person whose licence or registration is subject to suspension under this section produces to the registrar a motor vehicle liability insurance card or a financial responsibility card in respect of the motor vehicle involved in the accident and issued prior to the accident, if the suspension has not already become effective the registrar shall not suspend the licence or registration, and if it has become effective he shall reinstate the licence or registration or both so suspended.

Period of suspension

271(4)      Subject to subsections (2) and (3), every licence and every registration suspended under subsection (1) shall remain suspended, nor shall a licence be thereafter issued to the person whose licence has been suspended, or registration for the same or any other motor vehicle be permitted to be made by the person the registration of whose motor vehicle has been suspended, until

(a) the person

(i) gives security sufficient, in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limits as to amount stated in section 162; or

(ii) produces to the registrar proof satisfactory to the registrar that he has satisfied all claims against him for damages for bodily injury to, or the death of, any person, or for damage to property in an amount exceeding $1,000., resulting from the accident, up to the limits as to amount stated in section 162; and

(b) in the case of a person the registration of whose motor vehicle has been suspended, gives proof of financial responsibility, whether he has given security or produced proof of satisfaction of claims as provided in clause (a).

Termination of suspension, etc., after six months

271(5)      Where

(a) six months have elapsed since the date of an accident and the owner or driver, respectively, of a motor vehicle in any manner, directly or indirectly, involved therein

(i) has neither paid nor agreed to pay any sum as damages in respect of bodily injury to, or the death of, any person, or any sum exceeding $1,000. for damages to property, resulting from the accident;

(ii) has not been named as defendant in an action for damages as a result of the accident; and

(iii) is not required to give proof of financial responsibility under another section of this Act;

or where

(b) judgment in an action for damages resulting from the accident brought against the owner or driver has been given in his favour, and he is not required to give proof of financial responsibility under another section of this Act;

the owner or driver, as the case may be, shall not thereafter be required to maintain proof of financial responsibility, and the registrar shall return to him any security given by him under subsection (4), and the suspension of his licence or registration, or both, is thereupon terminated.

No suspension re parked vehicle

271(6)      This section does not authorize the suspension of the licence of any person, or of the registration of a motor vehicle owned by any person, in respect of an accident in which the motor vehicle driven or owned by that person, is involved which at the time of the accident was parked in a place where parking was at that time permitted.

S.M. 1991-92, c. 25, s. 40 and 57; S.M. 2005, c. 37, Sch. B, s. 56.

272         [Repealed]

S.M. 1991-92, c. 25, s. 58.

SUSPENSION BY REGISTRAR

Registrar's power to cancel or suspend

273(1)      The registrar may in accordance with this section, for contravention of the provisions of this Act or the regulations or for any reasonable cause that the registrar considers sufficient,

(a) cancel or suspend a person's licence or permit, or disqualify a person from applying for or holding a licence or permit in Manitoba or from operating a motor vehicle in Manitoba; and

(b) cancel or suspend the registration of a motor vehicle registered in the name of a person, and refuse to register a motor vehicle in the name of a person in Manitoba;

for such period as the registrar may consider sufficient.

Form of notice

273(2)      Prior to exercising his authority under subsection (1), the registrar shall serve a notice in writing on the person setting out that

(a) the registrar, without further notice to the person, intends to exercise his powers under subsection (1) with respect to the person's licence or motor 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 a right to make a written submission in response to the notice within such time as the registrar deems reasonable and specifies in the notice; and

(c) the person has a 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 deems reasonable and specifies in the notice, to arrange a date and time for a hearing and appears at the hearing to make representations.

Service of notice

273(3)      A notice referred to in subsection (2) shall be personally served or sent to the person by registered or certified mail addressed to the person at his or her last known address as shown in the records maintained by the registrar and when sent to the person in that manner there shall be a rebuttable presumption that the notice was received by that person.

S.M. 1989-90, c. 4, s. 10; S.M. 1991-92, c. 25, s. 59.

Definition of "designated officer"

273.1(1)    In this section and section 273.2, "designated officer" means designated officer as defined in Part VI of The Family Maintenance Act.

Action re person in default in maintenance payments

273.1(2)    Notwithstanding the provisions of this Act respecting notice, where the registrar receives notice from a designated officer under subsection 59.1(6) of The Family Maintenance Act respecting a person in default, the registrar shall without notice to the person

(a) suspend or cancel any driver's licence the person holds under The Drivers and Vehicles Act or this Act, and cancel or suspend the registration of any vehicle registered in the person's name under The Drivers and Vehicles Act; and

(b) refuse to issue or renew any licence, permit or registration of a vehicle in the name of the person;

until the registrar receives notice under subsection 59.1(8) (notice of compliance) of that Act.

S.M. 1995, c. 3, s. 29; S.M. 2005, c. 37, Sch. B, s. 57.

Registrar to refuse service to person in default

273.2(1)    If the registrar receives notice from a designated officer under section 59.2 of The Family Maintenance Act advising that a person in default was not served, the registrar

(a) shall, until he or she receives notice under subsection 59.1(8) (notice of compliance) of that Act,

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

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

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

Refusal of premium by MPIC

273.2(2)    When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (1)(b), it shall refuse to accept payment of any premium for insurance in relation to the person's driver's licence or a permit or vehicle registration in the person's name, even though the refusal may lead to the cancellation of the person's insurance.

Acceptance of premium by MPIC

273.2(3)    The registrar shall notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection 59.1(8) (notice of compliance) of The Family Maintenance Act in respect of the person.  After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person.

S.M. 1995, c. 3, s. 29; S.M. 2008, c. 36, s. 42.

Registrar's powers re unpaid fines and restitution

273.2.1(1)  Subject to the notice requirements in subsections (2) and (3), the registrar may, where a person is in default in paying a fine or restitution order imposed under the Criminal Code (Canada) or a restitution order imposed under an Act of the Legislature,

(a) refuse to issue or renew a driver's licence or permit in the person's name; and

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

Refusing to accept premiums when fine is unpaid

273.2.1(1.1) When the registrar exercises his or her power under clause (1)(b), The Manitoba Public Insurance Corporation may, in conjunction with the registrar, refuse to accept payment of the premium for insurance in relation to the person's driver's licence or permit, even though the refusal may lead to the cancellation of the insurance.  Subsections (2) to (5) apply, with necessary modifications, to The Manitoba Public Insurance Corporation if it exercises its power under this subsection.

Content of notice

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

Service of notice

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

Exercise of registrar's powers

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

Issuance or renewal of licences in certain cases

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

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

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

S.M. 1999, c. 43, s. 1; S.M. 2008, c. 36, s. 43.

Definitions

273.3(1)    In this section,

"alternative measures" means alternative measures authorized under paragraph 717(1)(a) of the Criminal Code in relation to the specified offence; (« mesures de rechange »)

"designated program official" means any person designated by the Attorney General as responsible for the administration of a program of alternative measures; (« administrateur désigné du programme »)

"specified offence" means any of the following offences under the Criminal Code:

(a) the offence under subsection 213(1) of doing any of the acts described in paragraph (a) or (b) of that subsection for the purpose of obtaining sexual services for consideration,

(b) the offence under paragraph 213(1)(c) of doing any of the acts described in that paragraph for the purpose of obtaining sexual services committed before December 6, 2014,

(c) an offence under subsection 286.1(1). (« infraction visée »)

Notice of possible action under subsection (5)

273.3(2)    When a person who is alleged to have committed the specified offence is to be dealt with by alternative measures, the designated program official shall give the person a written notice stating that, if the person does not comply totally with the terms and conditions of the alternative measures within the time specified in the notice or any extension of time given by the designated program officer, the registrar will take action under subsection (5) without further notice to the person.

Service of notice

273.3(3)    The notice shall be given to the person

(a) personally; or

(b) by registered or certified mail addressed to the person at his or her last known address as shown in the records of the registrar, and when so mailed, there is a rebuttable presumption that the notice was received by the person.

Notice to registrar of non-compliance

273.3(4)    When a person who is served with a notice under subsection (2) fails to comply totally with the terms and conditions of the alternative measures within the time specified in the notice or any extension of time given by the designated program officer, the designated program officer may give written notice of that fact to the registrar.

Registrar's action

273.3(5)    On receipt of a notice under subsection (4), the registrar shall, without notice to the person,

(a) suspend or cancel the person's driver's licence;

(b) refuse to issue a driver's licence to that person or to renew that person's driver's licence; or

(c) disqualify the person from applying for or holding a driver's licence and from operating a motor vehicle;

until the registrar receives a notice under subsection (6).

Later notice to registrar

273.3(6)    The designated program official shall, in relation to a person who is the subject of a notice under subsection (2), give written notice to the registrar when

(a) the person pleads guilty, is found guilty or is acquitted of the specified offence;

(b) there is a stay of proceedings against the person in relation to the specified offence; or

(c) the time for instituting a proceeding in relation to the specified offence has elapsed;

whichever first occurs.

S.M. 1997, c. 38, s. 6; S.M. 2015, c. 43, s. 21.

Suspension under Domestic Violence Act

273.4       Despite the provisions of The Drivers and Vehicles Act and this Act respecting notice, where the registrar receives a certificate pursuant to subsections 15(1) (suspension and disqualification) and (4) (certificate) of The Domestic Violence and Stalking Act, the registrar shall without notice to the person named in the certificate

(a) suspend any driver's licence that the person holds;

(b) refuse to issue or renew any licence or permit in the name of the person; and

(c) disqualify the person from applying for or holding a licence or permit and operating a motor vehicle;

until the registrar receives notice under subsection 15(5) (termination of suspension and disqualification) of that Act.

S.M. 1998, c. 41, s. 30; S.M. 2004, c. 13, s. 16; S.M. 2005, c. 37, Sch. B, s. 58.

Action where person does not have notice

273.5(1)    If the registrar receives a certificate under subsections 15(3) (where respondent does not have notice) and (4) (certificate) of The Domestic Violence and Stalking Act, the registrar

(a) shall, until he or she receives notice under subsection 15(5) of that Act,

(i) refuse to issue or renew a driver's licence or permit in the name of the person named in the certificate, and

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

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

Refusal of premium by MPIC

273.5(2)    When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (1)(b), it shall refuse to accept payment of any premium for insurance in relation to the person's driver's licence or permit, even though the refusal may lead to the cancellation of the insurance.

Acceptance of premium by MPIC

273.5(3)    The registrar shall notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection 15(5) of The Domestic Violence and Stalking Act in respect of the person.  After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person.

S.M. 1998, c. 41, s. 30; S.M. 2004, c. 13, s. 16; S.M. 2008, c. 36, s. 44.

Definitions

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

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

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

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

Notice of outstanding warrant

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

Registrar to refuse service to subject of outstanding warrant

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

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

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

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

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

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

Refusal of premium by MPIC

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

Acceptance of premium by MPIC

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

Notice of warrant execution

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

S.M. 2011, c. 39, s. 6.

274         [Repealed]

S.M. 1997, c. 37, s. 25; S.M. 2005, c. 37, Sch. B, s. 59.

275         [Repealed]

S.M. 1997, c. 37, s. 26; S.M. 2005, c. 37, Sch. B, s. 59.

Notification of suspension or cancellation

276(1)      Where the registration of a motor vehicle, or a licence or permit, has been suspended or cancelled under this Act, the registrar or a person acting under the authority of the registrar shall

(a) forthwith, in the case of a cancellation or suspension made by him; and

(b) as soon as he is aware of the fact, in the case of a cancellation or suspension not made by him;

give notice to the person in whose name the registration was made or the licence or permit was issued of the fact of the suspension or cancellation.

Manner and effect of giving notice of suspension

276(2)      The notice referred to in subsection (1) shall be in writing and shall be served upon the person to be served

(a) either personally; or

(b) by mailing it to the person by registered or certified mail addressed to the person at the person's last recorded address as shown in the records maintained by the registrar;

and when sent to the person as mentioned in clause (b), there is a rebuttable presumption that the notice was received by the person.

S.M. 1985-86, c. 12, s. 19 and 20.

SURRENDER OF REGISTRATION AND LICENCES

Return of registration card, etc., on suspension

277(1)      Where the registration, licence or permit of an owner or a driver has been suspended or cancelled in accordance with this Act, he shall immediately deliver his registration card and number plate or plates where his registration has been suspended or cancelled and his licence or permit where his licence or permit has been suspended or cancelled

(a) to the judge or justice by whom the registration, licence or permit was suspended or cancelled, or by whom he was convicted of an offence for which the registration, licence or permit is required by the Act to be suspended or cancelled; or

(b) to the registrar, when requested by the registrar.

Recovery of licence, etc., by peace officer

277(2)      Where any person fails to comply with subsection (1), the registrar may cause a peace officer or a person authorized for that purpose by the registrar to recover possession of the driver's licence, permit, registration card, and number plate or plates or other means of identification or proof of registration issued to that person.

S.M. 1997, c. 37, s. 26.

LICENCE SUSPENSION APPEAL BOARD

Establishment of appeal board

278(1)      There is hereby established a board which shall be known as: "The Licence Suspension Appeal Board".

Membership of board

278(2)      The appeal board shall be composed of

(a) three to nine persons appointed by the Lieutenant Governor in Council; and

(b) such further members appointed by the Lieutenant Governor in Council to act solely under subsections (9) and (10) in respect of that part of the province lying north of the fifty-third parallel of north latitude;

and each member shall hold office for such term as may be fixed in the order appointing him or her and thereafter until his or her successor is appointed.

Chairman

278(3)      The Lieutenant Governor in Council shall, by order in council, appoint one of the members of the appeal board to be the chairman thereof.

Vice-chairman, etc.

278(4)      The Lieutenant Governor in Council may, by order in council, appoint one of the members of the appeal board

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof for such period or periods, or without limitation as to time, as may be stated in the order in council appointing him;

to act, in either case, as chairman on the request of the chairman or the minister during the illness or absence of the chairman or during his inability from any cause to discharge his duties.

Quorum

278(5)      Three members of the appeal board constitute a quorum thereof.

Rules of procedure

278(6)      The appeal board may make rules not inconsistent with any Act or law to regulate its procedure, but the rules must provide that the appellant and any other party to an appeal are to have a full opportunity to present evidence and make submissions.

Remuneration of members

278(7)      Each member of the appeal board may be paid by the Minister of Finance such remuneration for his services as a member of the board as may be fixed by order of the Lieutenant Governor in Council; and, in addition, may be repaid the amount of such reasonable travelling and other out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board, as may be approved by the Minister of Finance.

Powers and duties

278(8)      The appeal board has powers and duties conferred or imposed on it by section 279 or 279.3 or another provision of this Act, by a provision of The Drivers and Vehicles Act or another Act, or by a regulation made under this Act, The Drivers and Vehicles Act or another Act.

Part V of Evidence Act powers

278(8.1)    The members of the appeal board have the powers of commissioners under Part V of The Manitoba Evidence Act.

Inquiries by single members

278(9)      The appeal board, or the chairman thereof, may authorize one or more of the members of the board to make inquiry and to report to the board upon any question or matter arising in connection with the business of the board; and that member, when so authorized, has all the powers of the appeal board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the appeal board or otherwise deal with it in the discretion of the board; and a person appointed under clause (2)(b) has, in respect of taking evidence and acquiring information in that part of the province lying north of the fifty-third parallel of north latitude the same powers as a person authorized under this subsection.

Hearing of applications, etc., by one or more members

278(10)     One or more members of the appeal board may hear an application, appeal, complaint, or other matter over which the board has jurisdiction under this Act or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the appeal board with his recommendations, if any, and the board may thereupon deal with the application, appeal, complaint, or other matter, as if the hearing had been before the full appeal board.

S.M. 2002, c. 40, s. 31; S.M. 2004, c. 30, s. 33; S.M. 2005, c. 37, Sch. B, s. 60.

Appeal to appeal board

279(1)      Subject to subsection (3), a person may appeal to the appeal board

(a) if any of the following has been refused, suspended or cancelled under this Act:

(i) the person's application for a driver's licence or to register a motor vehicle, trailer or off-road vehicle,

(ii) the person's driver's licence or right to hold a driver's licence,

(iii) the registration of a motor vehicle or off-road vehicle registered in the person's name,

(iv) an exemption, privilege or benefit under section 4.3;

(b) if the person has been disqualified under this Act from driving a motor vehicle or operating an off-road vehicle under any provision of this Act; or

(c) if the person is a novice driver and the registrar has extended the time that he or she must spend in any licensing stage or has extended, varied or added to the conditions or restrictions of his or her novice driver's licence.

Application to appeals under other Acts

279(2)      In addition to appeals under subsection (1), this section applies to appeals to the appeal board that are provided for in The Drivers and Vehicles Act, The Off-Road Vehicles Act or the regulations under either of those Acts.

No appeal in certain cases

279(3)      Despite subsections (1) and (2), no person may appeal to the appeal board under subsection (1) or under a provision of another Act or a regulation, if the refusal, suspension, cancellation or disqualification is

(a) for non-payment of a fine or of costs, as defined in The Summary Convictions Act, or of a penalty under section 17 of that Act, in relation to a conviction for an offence under an Act or a regulation under an Act;

(b) for non-payment of any other amount of money payable under this Act, The Drivers and Vehicles Act, The Off-Road Vehicles Act, The Manitoba Public Insurance Corporation Act or a regulation under any of those Acts;

(b.1) an action taken by a peace officer under section 242.4 (street racing); or

(c) an action taken by the registrar under section 273.1 or 273.2 (default in maintenance), section 273.2.1 (default in fine or restitution order), section 273.3 (alternative measures) or section 273.4 or 273.5 (Domestic Violence Act).

Restriction re certain administrative suspensions

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

Effect of review under section 263.2

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

How to make an appeal

279(5)      A person who wishes to appeal to the appeal board must

(a) file an appeal application with the appeal board in the form the appeal board requires;

(b) provide the appeal board with any additional information the appeal board requires; and

(c) pay a charge in the amount specified in the regulations.

Copy of appeal application to registrar

279(6)       The secretary of the appeal board shall without delay give a copy of an appeal application to the registrar.

Information to be forwarded

279(7)      The registrar shall without delay forward to the appeal board any records and information that the appeal board requests in relation to an appeal.

Stay of decision

279(8)      An appeal from a decision of the registrar about a permit under Part 7 of The Drivers and Vehicles Act stays the decision pending the disposition of the appeal if the registrar's decision so provides or the appeal board so decides. This subsection also applies in respect of a permit issued under a regulation made under clause 123(1)(u) of that Act if a regulation under clause 123(1)(v) of that Act makes this section apply to appeals in relation to such permits.

Adoption of registrar's findings

279(9)      The appeal board may adopt the registrar's findings of fact except insofar as they are put in issue by the appellant.

Evidence

279(10)     Evidence may be given before the appeal board in any manner that the appeal board considers appropriate.  The appeal board is not bound by the rules of evidence applicable to judicial proceedings.

Consideration of relevant information

279(11)     In addition to evidence given in the course of a hearing, the appeal board may consider relevant information in the possession of the registrar or obtained by the appeal board, if the appeal board informs the appellant of the nature of the information and gives him or her an opportunity to explain or refute it.

Right to examine materials

279(12)     The appeal board shall give the appellant and the registrar a reasonable opportunity to examine all material filed with the appeal board that is relevant to the appeal.

Appeal hearing

279(13)     Despite any other provision of this Act, The Drivers and Vehicle Act or The Off-Road Vehicles Act, the appeal board may, after receiving an appeal application, make any order described in subsection (18) after hearing

(a) the person making the appeal or the person's counsel; and

(b) the Attorney General or the registrar, if either of them desires to be heard, or their counsel.

Hearing

279(14)     Subject to subsections (16) and (26), the appeal board must conduct a hearing about a matter for which an appeal application is filed.

Hearing conducted orally or in writing

279(15)     The appeal board may conduct a hearing

(a) orally, including by telephone or other electronic technology if it allows the members of the appeal board, all the parties and their counsel to hear each other;

(b) in writing; or

(c) partly orally and partly in writing.

Appeals by mail

279(16)     Subject to any conditions that the board considers appropriate, the board may allow a person to make his or her appeal by mail if the board is satisfied that

(a) the person would suffer undue hardship or expense in appearing personally for a hearing;

(b) it is practicable for the person to submit his or her case to the board by mail; and

(c) it is reasonable and just in the circumstances to permit the person to make the appeal by mail.

Notice of hearing

279(17)     The appeal board shall give reasonable notice of the time and place of the appeal hearing to the registrar and the appellant.

Kinds of orders that may be made

279(18)     If the appeal board decides to grant relief on an appeal, it may, by order, do one or more of the following:

(a) revoke a suspension, cancellation or disqualification, in whole or in part;

(b) direct a permit or driver's licence to be issued, a vehicle to be registered or an exemption, privilege or benefit under section 4.3 to be granted;

(c) revoke or vary a licence-stage extension, or an extension, variation or addition of the licence conditions or restrictions, of a novice driver.

Effect of order on suspension under section 263.1

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

Issuance of permit or driver's licence

279(19)     When an order is made under subsection (18),

(a) the suspension, cancellation or disqualification is revoked, to the extent stated in the order; and

(b) subject to the person's complying with any requirements imposed by the registrar under this Act, The Drivers and Vehicles Act, The Off-Road Vehicles Act or The Summary Convictions Act, the registrar must take whatever action is necessary to give effect to the order.

Conditions and restrictions

279(20)     The appeal board may impose any conditions or restrictions, or both, that it considers appropriate on the revocation of a suspension, cancellation or disqualification, on a permit or driver's licence that is to be issued or on any other revocation or variation described in subsection (18). The appeal board may make the conditions or restrictions extend beyond the period for which the permit, driver's licence or registration was originally suspended or cancelled, or beyond the original period of disqualification.

Mandatory ignition-interlock when certain post-conviction suspensions revoked

279(21)     When the subject of an appeal is a driver's licence and right to have a driver's licence that was suspended under section 264 for an offence under section 253, subsection 254(5) or subsection 255(2) or (3) of the Criminal Code, the appeal board shall not

(a) revoke the suspension in whole or in part unless the revocation order contains the conditions that, during the period for which the licence and right to have a licence was suspended, the appellant

(i) must participate in a motor vehicle ignition-interlock program under section 279.1 and comply with the requirements of the program, and

(ii) must, except as permitted under subsection (22), drive only a motor vehicle equipped with an ignition-interlock device that is approved under section 279.1 and complies with the requirements of the program; or

(b) direct the registrar to issue a licence to the appellant unless the licence is subject to the restriction that the appellant must, except as permitted under subsection (22), drive only a motor vehicle equipped with an ignition-interlock device that is approved under section 279.1 and complies with the requirements of the program.

Mandatory ignition-interlock when certain suspensions under section 263.1 revoked

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

Ignition-interlock exemption for work purposes

279(22)     When the appeal board is satisfied that an exemption from the requirements of subclause (21)(a)(ii) and clause (21)(b) is necessary for an appellant to be employed, it may, by order and subject to any conditions or restrictions imposed under subsection (20), authorize the appellant, during the course of his or her employment, to drive a motor vehicle that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device.

Temporary licence from appeal board

279(23)     Despite any other provision of this Act, if a person has filed an appeal from the suspension of his or her driver's licence or disqualification from operating an off-road vehicle, and

(a) the convicting judge or justice issued the person a temporary driver's licence, or temporarily revoked the disqualification, but the driver's licence or revocation has expired or is about to expire, the chair of the appeal board or a person designated by the chair may, for a period of not more than 45 days,

(i) further temporarily revoke the suspension and issue a further temporary licence, or

(ii) further temporarily revoke the disqualification; or

(b) the convicting judge or justice did not issue a temporary driver's licence or temporarily revoke the disqualification, the chair of the appeal board or a person designated by the chair may, for a period of not more than 45 days,

(i) order the temporary revocation of the suspension and issue a temporary licence, or

(ii) order the temporary revocation of the disqualification.

The chair shall provide the registrar with a copy of any order made under this subsection.

Extension of temporary licence issued by registrar

279(23.1)   If a person has filed an appeal from the suspension of his or her driver's licence and has been issued a temporary driver's licence by the registrar under subsection 31(7) of this Act or subsection 29(3) of The Drivers and Vehicles Act, the chair of the appeal board or a person designated by the chair may extend the temporary driver's licence for a period of not more than 45 days beyond the expiration date specified by the registrar. The chair must provide the registrar with a copy of any order made under this subsection.

Removal of conditions or restrictions

279(24)     The board may, on further application, remove some or all of the conditions or restrictions imposed by an order under subsection (20) if after a period of three years the appellant has not been convicted of any further offence under the Criminal Code (Canada), or this Act or The Drivers and Vehicles Act, making him or her liable to further suspension or disqualification.

Removal of ignition-interlock conditions

279(25)     Despite subsection (24), the appeal board shall not remove a condition or restriction contained in or imposed under an order, as required by subsection (21) or (21.1), unless, after consulting the registrar, it is satisfied that the removal does not constitute a threat to the public safety.

Time within which appeals may be heard

279(26)     If the appeal board finds that it is reasonable and just to do so, it may receive an appeal application at any time and deal with the appeal in accordance with this section.  But if the appeal board has previously dealt with an appeal and refused to revoke a suspension, cancellation or disqualification or to order the issue of a permit or licence, it shall not again receive an appeal application or deal with a new appeal in respect of that suspension, cancellation or disqualification or in respect of that application for a permit or licence until three years have elapsed since the disposition of the previous appeal.

Limitation on orders

279(27)     The appeal board shall not make an order in respect of an appeal unless

(a) it is satisfied, in the case of a suspension, cancellation or disqualification,

(i) that exceptional hardship will result if the suspension, cancellation or disqualification remains in effect, and

(ii) that the revocation of the suspension, cancellation or disqualification is not contrary to the public interest; and

(b) the appellant has paid to the board the charge for the appeal application specified in the regulations.

Waivers and refunds of application charges

279(28)     The appeal board shall forward to the Minister of Finance every application charge paid under this section.  But the appeal board may waive payment of a charge or may recommend to the Minister of Finance that the amount of the charge be remitted pursuant to The Financial Administration Act in any case in which it finds it unreasonable or unjust that a charge should be paid or finds that undue hardship would result from the payment of the charge.

Further application for revocation

279(29)     Despite subsection (26), if an appeal for revocation of a suspension, cancellation or disqualification has been refused because the appellant failed to prove exceptional hardship or that the revocation is not contrary to the public interest, the board may receive a further appeal application for revocation of the suspension, cancellation or disqualification and may deal with the appeal if it is satisfied, on further application by the appellant, that the appellant's circumstances have changed or that new evidence is available showing that it would not be contrary to public interest to revoke the suspension, cancellation or disqualification. Subsection (27) applies, with necessary changes, to the further appeal application.

Failure of appellant to appear at hearing

279(30)     If an appellant fails or neglects on two or more occasions, without reasonable justification, to attend an oral hearing on the date fixed by the board, the board may refuse to hear the appeal or other application.  In such a case the application charge paid by the appellant is forfeited.

Variation of order by appeal board

279(31)     When the appeal board makes an order requiring the registrar to issue a conditional or restricted licence or a conditional permit or registration or an order revoking a disqualification subject to conditions, and the circumstances of the appellant later change, the appeal board may, on further application by the appellant, vary the order in such manner the appeal board considers just.  Subsection (27) applies, with necessary changes, to the application for a variation.

Variation of ignition-interlock conditions

279(32)     Despite subsection (31), the appeal board shall not vary an order by varying or removing a condition or restriction contained in or imposed under the order, as required by subsection (21), unless, after consulting the registrar, it is satisfied that the variation or removal does not constitute a threat to the public safety.

Decision to be given to appellant and registrar

279(33)     The appeal board shall as soon as reasonably practicable give a copy of its decision regarding an appeal or other application to the appellant and the registrar.

S.M. 1986-87, c. 14, s. 42; S.M. 1988-89, c. 14, s. 13; S.M. 1989-90, c. 4, s. 11 to 13; S.M. 1989-90, c. 7, s. 17; S.M. 1989-90, c. 56, s. 41; S.M. 1994, c. 4, s. 16; S.M. 1994, c. 25, s. 7; S.M. 1995, c. 3, s. 30; S.M. 1997, c. 37, s. 27; S.M. 1997, c. 38, s. 7; S.M. 1998, c. 41, s. 30; S.M. 1999, c. 12, s. 12; S.M. 1999, c. 35, s. 7; S.M. 1999, c. 43, s. 1 and 2; S.M. 2000, c. 34, s. 6; S.M. 2001, c. 29, s. 10; S.M. 2002, c. 40, s. 32; S.M. 2004, c. 30, s. 34; S.M. 2005, c. 37, Sch. B, s. 61; S.M. 2010, c. 52, s. 9; S.M. 2012, c. 24, s. 2; S.M. 2013, c. 8, s. 4; S.M. 2013, c. 54, s. 42; S.M. 2014, c. 23, s. 7.

IGNITION-INTERLOCK PROGRAM FOR DRIVERS HOLDING RESTRICTED LICENCES

Definitions

279.1(1)    In this section and in sections 279.2 and 279.3,

"approved ignition-interlock device" means a device, approved under the regulations for use in Manitoba, that is designed, when installed in a motor vehicle, to detect the presence of alcohol in the breath of the driver and to prevent the vehicle from starting or being driven if alcohol is detected; (« dispositif de verrouillage du système de démarrage approuvé »)

"designated offence" means an offence described in

(a) clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1), or

(b) any of clauses (a) to (a.3) of the definition "Category B offence" in that subsection; (« infraction désignée »)

"ignition-interlock program" means the ignition-interlock program established in the regulations for drivers holding restricted licences; (« programme de verrouillage du système de démarrage »)

"licence suspension or driving disqualification", in relation to a person, means a period during which the person's driver's licence is suspended or the person is disqualified or prohibited from driving a motor vehicle, implement of husbandry, special mobile machine or tractor, or from operating an off-road vehicle, if the suspension, disqualification or prohibition relates to one of the offences referred to in subsection (1.2); (« suspension de permis ou interdiction de conduire »)

"restricted licence" means a driver's licence that

(a) is issued under an order of the appeal board under section 279 or 279.3 and, except as permitted by subsection 279(22), restricts the holder to driving a motor vehicle that is equipped with an approved ignition-interlock device,

(b) is issued by the registrar under section 5 of The Drivers and Vehicles Act and restricts the holder, in specified circumstances, to driving a motor vehicle that is equipped with an approved ignition-interlock device, or

(c) is issued by the registrar in accordance with subsection (1.2) and, except as permitted by subsection (1.4), restricts the holder to driving a motor vehicle that is equipped with an approved ignition-interlock device. (« permis restreint »)

Deemed conviction re certain offences

279.1(1.1)   If a person pleads guilty or is found by the court to be guilty of having committed an offence under paragraph 253(1)(a) or (b), subsection 254(5) or any of subsections 255(2) to (3.2) of the Criminal Code and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section.

Restricted licence after conviction for designated offence

279.1(1.2)  After a licence suspension or driving disqualification relating to a person's conviction for a designated offence expires, the registrar may issue only a restricted licence to the person during the applicable period prescribed in the regulations.

Restricted licence after revocation of suspension by appeal board

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

Employers' vehicles

279.1(1.4)  Despite subsections (1.2) and (1.3), a restricted licence

(a) issued for the purpose of subsection (1.2) may permit the licence holder to drive a motor vehicle, in the course of the holder's employment, that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device if the registrar is satisfied that permitting the holder to drive it is necessary for him or her to be employed; and

(b) issued for the purpose of subsection (1.3) may permit the licence holder to drive a motor vehicle that is owned, leased or rented by the holder's employer and is not equipped with an approved ignition-interlock device if the appeal board has given the holder that permission.

Driver must comply with program requirements

279.1(2)    A person who holds a restricted licence shall comply with the requirements of the ignition-interlock program.

Tampering, etc., with device prohibited

279.1(3)    No person shall

(a) tamper with, or interfere with the operation of, an approved ignition-interlock device; or

(b) disable or disassemble an approved ignition-interlock device, or remove it from the motor vehicle, except in accordance with the regulations.

Offence and penalty

279.1(4)    A person who contravenes subsection (2) or (3) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both.

Unauthorized driving by holder of restricted licence

279.1(5)    A person who holds a restricted licence must not

(a) drive a motor vehicle contrary to the requirements of the ignition-interlock program;

(b) drive a motor vehicle that is equipped with an approved ignition-interlock device that is not functioning properly or has been tampered with, interfered with or disabled; or

(c) drive a motor vehicle that is not equipped with an approved ignition-interlock device except in such circumstances as the licence permits.

Driving without restricted licence prohibited

279.1(5.1)  When subsection (1.2) or (1.3) and the regulations limit the registrar to issuing only a restricted licence to a person, the person must not drive a motor vehicle unless the person holds a valid restricted licence.

Application of subsection 225(5) to contraventions

279.1(5.2)  Subsection 225(5) (offence and penalty) applies to a person who contravenes subsection (5) or (5.1).

Inspections

279.1(6)    If, under the authority of this Act, a peace officer stops a motor vehicle, inspects a person's driver's licence and determines that the licence is a restricted licence, the peace officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine

(a) whether the vehicle is equipped with an approved ignition-interlock device; and

(b) if the vehicle has the device, whether the device is functioning properly or has been tampered with, interfered with or disabled.

Regulations

279.1(7)    The Lieutenant Governor in Council may make regulations

(a) approving ignition-interlock devices for use in Manitoba under the ignition-interlock program;

(b) respecting the ignition-interlock program for drivers holding restricted licences, including but not limited to,

(i) establishing the parameters and requirements of the program and governing its operation,

(ii) setting out the conditions and requirements that a driver holding a restricted licence must meet in relation to the program,

(iii) authorizing a service provider to administer the ignition-interlock program on the government's behalf,

(iv) governing the installation, operation and maintenance of approved ignition-interlock devices, and prescribing the blood alcohol concentration level above which the device will be calibrated to prevent the motor vehicle from being started,

(v) respecting the supervision and monitoring of drivers holding restricted licences and their driving and vehicle-use habits,

(vi) respecting the monitoring of approved ignition-interlock device use and performance,

(vii) requiring a driver holding a restricted licence, or a vehicle owner, to provide the authorized service provider with regular access to the approved ignition-interlock device at a place, and at times, convenient to the service provider, for the purpose of enabling the service provider to gather information from the device,

(viii) governing reports that shall be made to the government in respect of information gathered under subclause (vii),

(ix) requiring a driver holding a restricted licence to take remedial action when he or she fails to comply with any condition or requirement of the ignition-interlock program,

(x) providing that a driver's restricted licence shall be suspended or cancelled, or that he or she will be expelled from the ignition-interlock program, if he or she fails to comply with one or more requirements of the program or contravenes subsection (3), and

(xi) prescribing the fees that an authorized service provider may charge a driver holding a restricted licence for the use of an approved ignition-interlock device and for other services in relation to the ignition-interlock program, requiring the driver to pay the fees, and providing that such fees, if not paid, are a debt from the driver to the authorized service provider;

(b.1) for the purpose of subsection (1.2), prescribing periods during which the registrar may issue only a restricted licence to a person convicted of committing a designated offence, including any or all of the following:

(i) periods

(A) beginning when a person applies for a driver's licence after the expiration of a licence suspension or driving disqualification imposed for the conviction, regardless of how long after the expiration the application is made, and

(B) ending only once the person has held the restricted licence and participated in the ignition-interlock program for a specified amount of time,

(ii) different periods that apply in respect of convictions for different designated offences,

(iii) different periods that apply in respect of a person's first conviction, or a person's second or subsequent conviction, whether the convictions are for the same designated offence or include a combination of different designated offences;

(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section or of section 279.2 or 279.3.

S.M. 2001, c. 29, s. 11; S.M. 2005, c. 37, Sch. B, s. 62; S.M. 2005, c. 56, s. 4; S.M. 2009, c. 9, s. 4; S.M. 2010, c. 52, s. 10; S.M. 2012, c. 24, s. 3; S.M. 2013, c. 7, s. 5; S.M. 2015, c. 39, s. 9.

Prohibition on permitting non-interlock vehicle to be driven

279.2(1)    No person shall permit the holder of a restricted licence to drive a motor vehicle

(a) that is not equipped with an approved ignition-interlock device; or

(b) that the licence does not authorize the holder to drive.

Offence and penalty

279.2(2)    A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both.

No offence by employer in certain circumstances

279.2(3)    An employer who permits an employee to drive a motor vehicle in the course of his or her employment does not commit an offence under this section if the employee's restricted licence allows the employee to drive the motor vehicle.

S.M. 2001, c. 29, s. 11; S.M. 2004, c. 30, s. 35; S.M. 2012, c. 24, s. 4; S.M. 2013, c. 7, s. 6.

Application to join ignition-interlock program

279.3(1)    A person may apply to the appeal board for an order allowing the person to join the ignition-interlock program if the person needs to participate in the program to be eligible to drive a motor vehicle during a driving prohibition imposed on the person under the Criminal Code or the Youth Criminal Justice Act (Canada).

How to make an application

279.3(2)    To make an application under this section, the person must

(a) file an application with the appeal board in the form the appeal board requires, accompanied by the information or documentation that the board requires; and

(b) pay the application charge specified in the regulations.

Application is to be dealt with like an appeal

279.3(3)    The appeal board must deal with and decide the application in the same manner as an appeal of a driver's licence suspension for an offence under section 253 or subsection 254(5) or 255(2) or (3) of the Criminal Code.  Section 279 applies, with necessary changes, to an application under this section.

Appeal board may order registrar to issue restricted licence

279.3(4)    Without limiting the application of section 279, the appeal board may issue an order allowing the person to participate in the ignition-interlock program and directing the registrar to issue a restricted licence to the person if the appeal board is satisfied

(a) that exceptional hardship will result if the person is not allowed to participate in the ignition-interlock program and is not issued a restricted licence; and

(b) that allowing the person to participate in the program and issuing the restricted licence is not contrary to the public interest.

Effect of order

279.3(5)    An order under subsection (4) has the same effect as an order under section 279 that is subject to mandatory ignition-interlock conditions.  The person who obtains the order must participate in a motor vehicle ignition-interlock program under section 279.1 and comply with the requirements of the program in the same manner as a person whose driver's licence suspension is revoked under subsection 279 subject to such conditions.

Application of sections 279.1 and 279.2

279.3(6)    Sections 279.1 and 279.2, and the regulations under section 279.1 apply, with necessary changes, to a person who obtains an order under this section.

S.M. 2005, c. 37, Sch. B, s. 63.

PART VIII

PUBLIC SERVICE VEHICLES, COMMERCIAL TRUCKS AND REGULATED VEHICLES

Definitions

280         In this Part,

"bus" means a motor vehicle that is

(a) designed for carrying 11 or more persons including the driver of the vehicle, and

(b) used or intended to be used for the transportation of persons; (« autobus »)

"certificate" means authority to operate a public service vehicle under this Part; (« certificat »)

"compensation", "gain" or "toll" means any fee, rate, charge, remuneration, recompense, reimbursement, indemnification or payment of any kind, charged, collected, received, paid, payable or promised, directly or indirectly, for the transport of persons or property by means of a motor vehicle, with or without a view to making a profit thereby; (« rémunération », « profit » ou « prix »)

"designated commodity" means a commodity designated by the board under subsection 289(1); (« marchandise désignée »)

"designated passenger public service vehicle" means a passenger public service vehicle that is designated in a regulation made under clause 319(1)(ttt.1); (« véhicule de transport public de passagers désigné »)

"freight", in relation to a public service vehicle that is a bus, does not include the baggage of a passenger carried by the bus; (« fret »)

"motor carrier" means a person operating a public service vehicle or a commercial truck; (« transporteur routier »)

"operate" means operate as defined in the regulations; (« exploiter »)

"property" includes goods, merchandise, liquids, gravel, sand, building material, poultry, horses, cattle, sheep, pigs, and livestock generally; (« bien »)

"scheduled-service bus" means a bus that is operated

(a) in accordance with a set time schedule, or

(b) over a specified route. (« autobus à horaire ou à trajet fixe »)

S.M. 1987-88, c. 23, s. 20; S.M. 1997, c. 37, s. 28; S.M. 2012, c. 7, s. 2; S.M. 2013, c. 49, s. 5.

Supervision of transport board over motor carriers

281(1)      The transport board has a general supervision over motor carriers and operators of public service vehicles and commercial trucks in their relations to the public, the railways, and to one another; and, except as otherwise provided in this Act, may

(a) in matters within its jurisdiction, require every motor carrier to comply with the laws of the province and regulations made under this Act, and any municipal by-law affecting the carrier or his vehicle, in respect of transportation by him upon the highway of persons or property;

(a.1) by regulation, determine the period of validity, or the manner of determining the period of validity, of a certificate or renewal of a certificate for the purposes of subsections 290(5) and 294(1) for any certificate in which no specific period of validity is set by the transport board;

(b) require every motor carrier who engages to transport persons or property for others to furnish adequate, safe, sanitary, and proper service and to keep and maintain his motor vehicle and equipment in such condition as will enable him to do so;

(c) specify the routes and the nature of the routes over which public service vehicles and commercial trucks may operate, and assign the district or territory to be served by public service vehicles, and determine the number of such vehicles that may be permitted to serve in any district or area or along a route or highway, and specify by name the motor carriers who may operate those vehicles;

(d) classify public service vehicles and commercial trucks, and determine the proper class of each;

(e) fix the maximum and minimum tolls, fares, or charges to be made by motor carriers for gain or compensation, and fix the tolls or tariff of tolls that such carriers in a given class or classes may lawfully charge, and the commission upon, and the manner of recording and accounting for, cash on delivery shipments and moneys paid therefor;

(e.1) prescribe terms and conditions to be contained in, or deemed to be contained in, all contracts of carriage between motor carriers and consignors and consignees;

(e.2) prescribe the form and content of, and requirements relating to the use of, a bill of lading;

(f) regulate and supervise operating schedules and services of motor carriers;

(f.1) require motor carriers that operate scheduled-service buses or designated passenger public service vehicles to publish the details of their time schedules, routes and fares, and to file that information with the transport board, in a manner and at a frequency that is acceptable to the transport board;

(g) hear and adjust complaints against motor carriers and, in inquiries to the observance of this Part or the regulations or orders made thereunder, summon and examine persons;

(h) direct and supervise the kind of equipment and the maintenance and method of operating public service vehicles and commercial trucks;

(i) prescribe the passenger and load capacity of public service vehicles and the maximum weight and kinds of express or other freight or property that may be carried by them, and the size and weight of packages;

(j) require, where deemed necessary, the establishment and maintenance of depots for passengers and freight and determine the suitability of the location thereof, and licence and regulate the depots and require all motor carriers or certain classes thereof to discharge and take on all their passengers or freight or express or certain classes thereof only at those depots, and by order allocate amongst the motor carriers using a depot the costs and expenses of erecting the building and the maintenance and supervision thereof, and require payment of those costs and expenses by such motor carriers;

(k) require the filing by motor carriers of returns, reports, and other information relative to highway transportation;

(l) require all drivers or persons proposing to become drivers of public service vehicles and commercial trucks, or either, to furnish a medical certificate of fitness to drive such vehicles or trucks, and require all such drivers or persons to submit to such driving and other tests as the board may prescribe, notwithstanding that any driver or person holds a driver's licence issued under section 24;

(m) co-ordinate motor carrier services with railway services, and to that end co-operate with any other body having federal or provincial jurisdiction, over railway or motor carrier services;

(n) generally, have and exercise like powers, duties, authority, and jurisdiction over motor carriers and their motor vehicles, in respect of highway transportation as are vested in the board under The Public Utilities Board Act over public utilities and their owners, including the imposition of penalties for the violation of orders made thereunder; and

(o) hear appeals under subsection 322.1(5) in accordance with rules of procedure made under subsection 326(17).

Section 48 of Public Utilities Board Act not to apply to transport board

281(1.1)    Section 48 of The Public Utilities Board Act, does not apply to the transport board in the performance of its duties and the exercising of its powers, authority and jurisdiction as set out in clause (1)(n).

Exception: p.s.v.'s transporting property only

281(1.2)    On and after January 1, 1998,

(a) clauses (1)(c), (f), (j) and (m) do not apply to the operation of a public service vehicle that is used solely for the transportation of property; and

(b) clauses (1)(b), (g), (h) and (i) apply to the operation of a public service vehicle that is used solely for the transportation of property only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation.

Exception for bus freight

281(1.3)    On and after January 1, 1998,

(a) clauses (1)(j) and (m) do not apply to the operation of a public service vehicle that is a bus in relation to its use for transporting freight; and

(b) clauses (1)(b), (g), (h) and (i) apply to the operation of a public service vehicle that is a bus in relation to its use for transporting freight, only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation.

281(1.4)    [Not yet proclaimed]

Exception for scheduled-service buses and designated passenger p.s.v.'s

281(1.5)    On and after July 1, 2012,

(a) clauses (1)(c), (e), (j) and (m) do not apply to the operation of a scheduled-service bus or a designated passenger public service vehicle;

(b) clauses (1)(b), (h) and (i) apply to the operation of a scheduled-service bus or a designated passenger public service vehicle only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation; and

(c) clause (1)(g) applies to the operation of a scheduled-service bus or a designated passenger public service vehicle only to the extent that the clause relates

(i) to the safe condition of the vehicle and its equipment and to its safe operation, or

(ii) to the motor carrier's compliance with the requirements of this Part concerning notice requirements about adjustments in time schedules, routes or fares.

281(2)      [Repealed] S.M. 1994, c. 4, s. 17.

281(3)      [Repealed] S.M. 2013, c. 49, s. 6.

S.M. 1985-86, c. 13, s. 5; S.M. 1991-92, c. 25, s. 60; S.M. 1994, c. 4, s. 17; S.M. 1995, c. 19, s. 2; S.M. 1997, c. 37, s. 29; S.M. 1999, c. 13, s. 9; S.M. 2001, c. 7, s. 23; S.M. 2005, c. 37, Sch. B, s. 64; S.M. 2012, c. 7, s. 3; S.M. 2013, c. 49, s. 6.

Tariff of fees not otherwise prescribed

282(1)      Subject to the approval of the Lieutenant Governor in Council, the transport board may prescribe a tariff of the fees which shall be paid to the board by any person who is a party to, or interested in, matters coming before the board in respect to which no fee is otherwise prescribed.

282(2) to (8)  [Repealed] S.M. 1994, c. 4, s. 18.

Deposit of cost of inquiry

282(9)      The transport board may also require that, before it begins any investigation or inquiry on the complaint or request of any person, the person complaining or making the request shall deposit with it such sum as may be deemed necessary to make the investigation or inquiry; and the deposit shall be returned in whole or in part to the person complaining or making the request if, upon investigation or inquiry, the complaint or inquiry is found to be justified or partly justified, or to be less costly to investigate or make than was deemed necessary when the deposit was made, as the case may be; otherwise it shall be forfeited to the transport board.

282(10)      [Repealed] S.M. 1994, c.4, s. 18.

Audit of accounts

282(11)     The accounts of the transport board are subject to audit by the Auditor General; and all moneys to the credit of the transport board in the accounts shall be paid into the Consolidated Fund at the end of each fiscal year of the province, or at such other time or times as the Lieutenant Governor in Council may order.

S.M. 1994, c. 4, s. 18; S.M. 2001, c. 39, s. 31.

Appeal

283         An appeal lies to The Court of Appeal from any final order or decision of the transport board upon any question involving the jurisdiction of the board or upon any point of law; and section 58 of The Public Utilities Board Act except clause 58(1)(c) thereof applies, mutatis mutandis, to any appeal taken.

No p.s.v. to be operated without certificate

284(1)      Except as provided in this Part, no person, firm, or corporation by himself or by an agent or employee shall operate a public service vehicle upon a public highway in the province for the transportation of persons or property for compensation without holding a certificate issued by the transport board authorizing the operating of the vehicle.

284(2)      [Repealed] S.M. 1994, c. 4, s. 19.

S.M. 1994, c. 4, s. 19.

285         [Repealed]

S.M. 1993, c. 23, s. 20; S.M. 1994, c. 4, s. 20.

286         [Repealed]

S.M. 1994, c. 4, s. 20; S.M. 2013, c. 49, s. 6.

Suspended or cancelled certificate's effect on registration

287         When the certificate of a motor carrier to operate a public service vehicle is suspended or cancelled, the vehicle's registration under The Drivers and Vehicles Act is, upon the registrar's receipt of notice of that fact from the transport board, also suspended or cancelled.

S.M. 1994, c. 4, s. 20; S.M. 2005, c. 37, Sch. B, s. 65; S.M. 2013, c. 49, s. 7.

Exemption from holding certificate on conditions

288(1)      The transport board may make an order exempting any person operating a motor vehicle that is a public service vehicle within the meaning of this Act, from the necessity of holding a certificate and filing a liability insurance policy or bond with the board, upon such terms and conditions as to it may seem meet.

Revocation, etc., of exemption

288(2)      The transport board may suspend, revoke, or cancel any exemption granted.

288(3) to (5)  [Repealed] S.M. 1994, c. 4, s. 21.

S.M. 1994, c. 4, s. 21.

289         [Repealed]

S.M. 2013, c. 49, s. 8.

Applications for certificates

290(1)      Application for a certificate shall be made to the transport board in such form, containing such information, setting forth such facts, and in such manner, as the board may require.

Issue of certificates

290(2)      The transport board may grant a certificate to an applicant for the operation of public service vehicles

(a) if the transport board finds, from the evidence and its consideration of the matter, that the existing facilities for transportation are insufficient or that the public convenience will be promoted by the establishment or continuance from year to year of the proposed transportation service; and

(b) the applicant meets the safety fitness criteria prescribed under subsection (9).

Application of subsection (2) to property and bus freight

290(2.1)    On and after January 1, 1998, clause (2)(a) does not apply to the operation of a public service vehicle

(a) that is used solely for the transportation of property; or

(b) that is a bus in relation to its use for transporting freight.

290(2.1.1)  [Not yet proclaimed]

Exception for scheduled-service buses and designated passenger p.s.v.'s

290(2.1.2)  On and after July 1, 2012, clause (2)(a) does not apply to the operation of a scheduled-service bus or a designated passenger public service vehicle.

290(2.2) and (2.3) [Repealed] S.M. 2013, c. 49, s. 9.

Conditions attached to certificates

290(3)      A certificate may be conditioned for

(a) the observance of this Act and The Drivers and Vehicles Act;

(b) the maintenance of the vehicle in adequate condition of fitness;

(c) the payment of moneys owing by the motor carrier in respect of damages or claims by persons carried, or for whom property is transported by him; and

(d) the observance of such other conditions as may be prescribed by the transport board;

or a certificate may be issued for a limited time or a designated purpose.

Delegation of authority to grant temporary certificates

290(3.1)    The transport board may authorize a member of its staff to make inquiry into an application for a temporary certificate, and to grant a temporary certificate to an applicant.

Duration of validity of temporary certificate

290(3.2)    A temporary certificate issued under subsection (3.1) is valid for the period for which it is issued not exceeding 30 days.

Effect and application of subsection (3): p.s.v.'s transporting property only

290(3.3)    Notwithstanding subsection (3),

(a) no certificate that contains a condition with respect to any matter referred to in clause 281(1)(c) shall be issued on or after January 1, 1996 for a public service vehicle that is used solely for the transportation of property; and

(b) any condition with respect to any matter referred to in clause 281(1)(c) in a subsisting certificate issued for a public service vehicle that is used solely for the transportation of property ceases to have effect on December 31, 1995.

Effect and application of subsection (3): transportation of property and bus freight

290(3.4)    Notwithstanding subsection (3),

(a) on and after January 1, 1998, no certificate that contains a condition with respect to any matter referred to in

(i) clause 281(1)(c), (f), (j) or (m) shall be issued for a public service vehicle that is used solely for the transportation of property,

(ii) clause 281(1)(j) or (m) shall be issued for a public service vehicle that is a bus in relation to its use for transporting freight, or

(iii) clause 281(1)(b), (g), (h) or (i) shall be issued for a public service vehicle

(A) that is used solely for the transportation of property, or

(B) that is a bus in relation to its use for transporting freight,

except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation;

(b) any condition with respect to any matter referred to in

(i) clause 281(1)(c), (f), (j) or (m) in a subsisting certificate for a public service vehicle that is used solely for the transportation of property,

(ii) clause 281(1)(j) or (m) in a subsisting certificate for a public service vehicle that is a bus in relation to its use for transporting freight,

ceases to have effect on December 31, 1997; and

(c) any condition with respect to any matter referred to in clause 281(1)(b), (g), (h) or (i) in a subsisting certificate for a public service vehicle

(i) that is used solely for the transportation of property, or

(ii) that is a bus in relation to its use for transporting freight,

ceases to have effect on December 31, 1997, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation.

290(3.5)    [Not yet proclaimed]

Effect and application of subsection (3): scheduled-service buses and designated passenger p.s.v.'s

290(3.6)    Despite subsection (3),

(a) on and after July 1, 2012, no certificate that contains a condition with respect to any matter referred to in

(i) clause 281(1)(c), (e), (f), (j) or (m) shall be issued in relation to a scheduled-service bus or a designated passenger public service vehicle, or

(ii) clause 281(1)(b), (g), (h) or (i) shall be issued in relation to a scheduled-service bus or a designated passenger public service vehicle, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation;

(b)  any condition with respect to any matter referred to in clause 281(1)(c), (e), (f), (j) or (m) in a subsisting certificate for a scheduled-service bus ceases to have effect on June 30, 2012; and

(c)  any condition with respect to any matter referred to in clause 281(1)(b), (g), (h) or (i) in a subsisting certificate for a scheduled-service bus ceases to have effect on June 30, 2012, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation.

Details of certificate as to passengers and weight

290(4)      The certificate shall fix the number of passengers which the public service vehicle may carry or specify the gross weight of the vehicle as the case may be; and no such vehicle shall at any time carry more passengers than the number so fixed, or be operated when the gross weight thereof is in excess of that so specified.

Exception for scheduled-service buses and designated passenger p.s.v.'s

290(4.1)     Despite subsection (4),

(a) on or after July 1, 2012, that subsection does not apply to a certificate issued for the operation of a scheduled-service bus or a designated passenger public service vehicle; and

(b) any condition with respect to a matter referred to in that subsection in a subsisting certificate for a scheduled-service bus ceases to have effect on June 30, 2012.

Period for which certificate valid

290(5)      Unless it is sooner cancelled, a certificate issued by the transport board is valid for the period that is determined in the regulations or set out in the certificate.

Termination of validity for non-user

290(6)      Unless exercised within a period of thirty days from the issuance thereof, or within such further period as the transport board may on application allow, the authority conferred by a certificate terminates and the certificate shall be deemed to be cancelled.

Certificate not to create monopoly rights

290(7)      A certificate conferring rights for the operation of a public service vehicle does not preclude the granting of a certificate for the operation of any similar vehicle on the same highway or portion thereof where it appears to the transport board to be necessary in the public interest to grant such a further certificate to enable passengers or property to be carried.

Safety fitness requirements for motor carriers and operators of regulated vehicles

290(7.1)    A person must not

(a) operate a regulated vehicle;

(b) as the operator of a regulated vehicle, permit it to be driven on a highway or to tow another vehicle on a highway; or

(c) as a motor carrier that operates a public service vehicle that is a trailer, permit it to be towed on a highway;

unless the person meets the safety fitness criteria prescribed under subsection (9) and holds a valid safety fitness certificate issued under the regulations.

Safety fitness requirements for motor carriers with p.s.v.'s under 4,500 kg

290(7.2)    A motor carrier must not

(a) operate a public service vehicle that has a registered gross weight less than 4,500 kg;

(b) in the case of a public service vehicle that is a motor vehicle and has a registered gross vehicle weight less than 4,500 kg, permit it to be driven on a highway or to tow another vehicle on a highway; or

(c) in the case of a trailer that has a registered gross weight less than 4,500 kg, permit it to be towed on a highway;

unless the motor carrier meets the safety fitness criteria prescribed under subsection (9).

Offence and penalty

290(8)      A person who contravenes or fails to comply with any provision of this section is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1). In addition, if the person is convicted, his or her certificate may be suspended for a period not exceeding one year.

Regulations re safety fitness criteria and certificates

290(9)      The Lieutenant Governor in Council may make regulations

(a) prescribing safety fitness criteria for motor carriers and operators of regulated vehicles other than public service vehicles and commercial trucks;

(b) respecting safety fitness certificates;

(c) defining "operate" for the purpose of this Part or a regulation made under this Part or of a regulation about public service vehicles or commercial trucks, or regulated vehicles that are not public service vehicles or commercial trucks.

S.M. 1985-86, c. 13, s. 7; S.M. 1988-89, c. 14, s. 14; S.M. 1994, c. 4, s. 22; S.M. 1995, c. 19, s. 3; S.M. 1997, c. 37, s. 30; S.M. 2002, c. 40, s. 33; S.M. 2005, c. 37, Sch. B, s. 66; S.M. 2012, c. 7, s. 4; S.M. 2013, c. 49, s. 9.

Application of s. 291 and 292: Jan. 1, 1996 to Dec. 31, 1997

290.1       Notwithstanding sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in effect on December 31, 1995 in respect of a public service vehicle that is used solely for the transportation of property ceases to have effect on that day; and

(b) in the period beginning on January 1, 1996 and ending on December 31, 1997, no tariff of maximum tolls shall be established or revised, and no fixed or minimum toll shall be prescribed, by the transport board in respect of any public service vehicle that is used solely for the transportation of property unless the transport board is satisfied that no alternative, effective, adequate and competitive means is available for the transportation of the property.

S.M. 1995, c. 19, s. 4.

Application of s. 291 and 292 to transportation of property and bus freight

290.2       Notwithstanding sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in respect of any public service vehicle

(i) that is used solely for the transportation of property, or

(ii) that is a bus in relation to its use for transporting freight,

in effect on December 31, 1997 ceases to have effect on that day; and

(b) on and after January 1, 1998, no tariff of maximum tolls shall be established, and no fixed or minimum toll shall be prescribed, by the transport board in respect of a public service vehicle

(i) that is used solely for the transportation of property, or

(ii) that is a bus in relation to its use for transporting freight.

S.M. 1995, c. 19, s. 4; S.M. 1997, c. 37, s. 31.

290.3       [Not yet proclaimed]

Application of s. 291 and 292 to scheduled-service buses and designated passenger p.s.v.'s

290.4       Despite sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in respect of a scheduled-service bus in effect on June 30, 2012, continues, despite clause (b), to have effect until July 31, 2012, but ceases to have effect on the last-mentioned day; and

(b) on and after July 1, 2012, no tariff of maximum tolls shall be established, and no fixed or minimum toll shall be prescribed, by the transport board in respect of a scheduled-service bus or a designated passenger public service vehicle.

S.M. 2012, c. 7, s. 5.

Service adjustments re scheduled-service buses and designated passenger p.s.v.'s

290.5(1)    If it complies with the regulations made under subsection (2), a motor carrier that operates a scheduled-service bus or designated passenger public service vehicle may adjust any of the following:

(a) the time schedule on which the vehicle is operated;

(b) the routes served by the vehicle;

(c) the fares charged for any trip.

Regulations respecting service adjustments

290.5(2)    The Lieutenant Governor in Council may make regulations

(a) respecting the service adjustments described in subsection (1), including

(i) governing how and when a motor carrier may make a service adjustment,

(ii) prescribing the period of notice that a motor carrier must give before making a service adjustment or different periods of notice for different service adjustments,

(iii) prescribing other requirements about the notice that a motor carrier must give before implementing an adjustment,

(iv) governing the manner in which a motor carrier must give notice about an upcoming service adjustment and specifying to whom the notice must be given, and

(v) specifying the content of notices;

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

S.M. 2012, c. 7, s. 5.

Regulations regarding fares charged for passengers transported under provincial programs

290.6       If the Lieutenant Governor in Council considers that a fare charged by a motor carrier that operates scheduled-service buses detrimentally affects the fiscal sustainability of a program under which passengers are transported at the government's expense, the Lieutenant Governor in Council may make regulations

(a) prescribing a fixed fare that is payable by the government to the motor carrier for the transportation of a passenger under the program;

(b) prohibiting the motor carrier from charging a fare other than the prescribed fare for transporting such a passenger.

S.M. 2012, c. 7, s. 5.

Maximum tolls established by transport board

291(1)      No tolls shall be charged in respect of a public service vehicle in excess of the tariff of maximum tolls established by the transport board, unless the tolls are filed with and approved by the transport board.

Application to vary maximum tolls

291(2)      Any interested person or any association on behalf of its members may apply to the transport board for a revision of the tariff of maximum tolls established by the transport board.

S.M. 1985-86, c. 13, s. 8.

Fixed tolls established by transport board

292         The transport board, in its sole discretion, may prescribe fixed or minimum tolls which motor carriers may lawfully charge for the transportation of a particular commodity or class of commodities, or which may lawfully be charged by a particular motor carrier or class of motor carriers, where it is in the public interest to do so.

S.M. 1985-86, c. 13, s. 8; S.M. 1995, c. 19, s. 5.

Illegal tolls prohibited

292.1(1)    No person shall charge, levy, or collect any tolls for any service as a motor carrier except in accordance with this Part.

Board may require tolls to be filed, etc.

292.1(2)    The transport board may require any holder of a certificate

(a) to file with the transport board actual tolls charged by the holder;

(b) to publish tolls charged by the holder in such manner as the transport board considers appropriate; and

(c) to provide to the transport board such rate information and related documentation as it requires.

S.M. 1985-86, c. 13, s. 9.

Tolls detrimental to the public interest

292.2(1)    The transport board may, on its own initiative or upon the complaint of any person, inquire into whether any toll charged by a holder of a certificate detrimentally affects the public interest.

Order by transport board following hearing

292.2(2)    Where the transport board, after a hearing, finds that a toll charged by a holder of a certificate detrimentally affects the public interest, it may make an order providing for any one or more of the following matters:

(a) The prescription of such fixed or minimum or maximum tolls to be charged by the holder, as the board in the circumstances considers appropriate.

(b) The imposition of a fine of not more than $5,000. to be paid by the holder.

(c) The suspension, revocation or amendment of the certificate of the holder.

Non-application to certain passenger tolls

292.2(3)    This section does not apply to tolls charged for the transportation of passengers in a schedule-service bus or designated passenger public service vehicle.

S.M. 1985-86, c. 13, s. 9; S.M. 2012, c. 7, s. 6.

Capitalization or sale of rights prohibited

293(1)      No right, privilege, or certificate held under or obtained under this Part shall be capitalized; and it shall not be sold, assigned, leased or transferred, except with the approval of the transport board had and obtained in writing.

Transfer of certificate on sale of business

293(2)      Where a motor carrier holding a certificate sells, transfers, or assigns his business rights and assets, he may transfer the certificate to the purchaser with the approval of the transport board endorsed on the certificate; and the certificate so endorsed is as effective as though originally issued to the purchaser.

Through services after consolidation

293(3)      Where there is a consolidation of certificates by reason of such a purchase, and if a through service will be beneficial to the public, the transport board may authorize such a through service.

Application for renewal of certificate

294(1)      A person who holds a certificate may file an application for renewal of the certificate with the transport board and, subject to subsection (2), the transport board may grant a renewal for the period of time that is determined in the regulations or set out in certificate.

Refusal of renewal

294(2)      The renewal may be given unless the transport board, after hearing parties interested, has reason to be dissatisfied with the service that has been rendered by the motor carrier.

Exception to subsection (2): transportation of property and bus freight

294(3)      Notwithstanding subsection (2), on and after January 1, 1998, a renewal of a certificate for a public service vehicle

(a) that is used solely for the transportation of property; or

(b) that is a bus to the extent that the certificate authorizes the use of the bus for transporting freight;

shall be given if the applicant meets the safety fitness criteria prescribed under subsection 290(9).

294(4)      [Not yet proclaimed]

Application of subsection (2) to scheduled-service buses and designated passenger p.s.v.'s

294(5)      On and after July 1, 2012, subsection (2) does not apply to a certificate issued for the operation of a scheduled-service bus or a designated passenger public service vehicle.

Refusal of renewal: scheduled-service buses and designated passenger p.s.v.'s

294(6)      The transport board may refuse to renew a certificate for a scheduled-service bus or designated passenger public service vehicle, or the portion of a certificate that relates to either kind of vehicle,

(a) if the motor carrier does not meet the safety fitness criteria prescribed under subsection 290(9) or hold a valid safety fitness certificate issued under the regulations; or

(b) if, after hearing parties interested, the transport board is satisfied that the motor carrier has failed to comply with a provision of a regulation made under subsection 290.5(2).

S.M. 1985-86, c. 13, s. 10 and 11; S.M. 1989-90, c. 56, s. 42; S.M. 1994, c. 4, s. 23; S.M. 1995, c. 19, s. 6; S.M. 1997, c. 37, s. 32; S.M. 2012, c. 7, s. 7.

295         [Repealed]

S.M. 1987-88, c. 23, s. 21; S.M. 1989-90, c. 56, s. 43 and 44; S.M. 1998, c. 26, s. 4; S.M. 2005, c. 37, Sch. B, s. 67; S.M. 2013, c. 49, s. 10.

Notice of cancellation, change or refusal to renew

296         A cancellation, change or refusal to renew an insurance policy, proof of which has been filed with the transport board or the department for the purpose of this Part or of a regulation made for the purpose of this Part, is not effective unless the transport board or the department is given at least 10 days' notice.

S.M. 1987-88, c. 23, s. 22; S.M. 1989-90, c. 56, s. 45; S.M. 2013, c. 49, s. 11.

297(1)      [Repealed] S.M. 2004, c. 30, s. 36.

Inspection by inspector or other peace officer

297(2)      An inspector or other peace officer may

(a) enter any place where a regulated vehicle, or a public service vehicle or commercial truck that is not a regulated vehicle, is kept, stored or repaired; and

(b) inspect any of those vehicles in the place.

Authority to order unsafe vehicles out of service

297(3)      An inspector or other peace officer may order a regulated vehicle, or a public service vehicle or commercial truck that is not a regulated vehicle, out of service if the inspector or other peace officer has reason to believe that it

(a) is unsafe for use on the highway; or

(b) does not comply with this Act or the regulations.

Out-of-service vehicle must not be driven or operated

297(3.1)    After an order is made under subsection (3), a person must not drive or operate the out-of-service vehicle until it has been inspected and approved by an inspector.

Exception for towing out-of-service vehicle

297(3.2)    A person does not contravene subsection (3.1) by towing an out-of-service vehicle to remove it from the highway or to a place to have it repaired.

Inspection on highway

297(4)      At any time, an inspector or other peace officer may inspect a vehicle being driven or towed on a highway to determine whether the vehicle is a regulated vehicle or is being operated as a public service vehicle or commercial truck. The inspector or other peace officer may also inspect the vehicle's load for the same purpose.

Cooperation by driver

297(4.1)    The driver of a vehicle inspected under subsection (4) must provide any reasonable assistance and information that the inspector or other peace officer requires to carry out the inspection.

S.M. 1992, c. 58, s. 11; S.M. 2000, c. 35, s. 50; S.M. 2004, c. 30, s. 36; S.M. 2013, c. 49, s. 12.

Certificate to be carried by driver of passenger p.s.v.

298         The driver of a passenger public service vehicle must have a copy of the motor carrier's certificate in relation to the vehicle in his or her possession or in the vehicle and must without delay produce it to an inspector or other peace officer on demand.

S.M. 1994, c. 4, s. 24; S.M. 1999, c. 13, s. 10; S.M. 2013, c. 49, s. 13.

Documents to be carried by driver

298.1       The driver of a regulated vehicle, and every other person who holds a driver's licence or out-of-province driving permit authorizing the person to drive the vehicle and is in it for the purpose of driving it,

(a) must have in his or her possession or in the vehicle a record of his or her hours of service in the form prescribed by the regulations; and

(b) must without delay produce the record to an inspector or other peace officer on demand.

S.M. 1988-89, c. 14, s. 15; S.M. 1999, c. 13, s. 11; S.M. 2013, c. 49, s. 13.

Restrictions on abandonment of service

299(1)      A motor carrier operating under a certificate must not abandon or discontinue any service established under this Part

(a) in the case of the operation of a scheduled-service bus or designated passenger public service vehicle, without complying with the regulations made under subsection 290.5(2); or

(b) in any other case, without the authority of the transport board.

Termination of certificate on abandonment of a service

299(2)      If a motor carrier abandons or discontinues, in whole or in part, any service established by virtue of a certificate, without the authority of the transport board therefor, the abandonment or discontinuance terminates the certificate.

Exception: scheduled-service buses and designated passenger p.s.v.'s

299(3)      On and after July 1, 2012, subsection (2) does not apply to the operation of a scheduled-service bus or a designated passenger public service vehicle.

S.M. 2012, c. 7, s. 8.

Suspension or revocation of certificate, and fine

300(1)      The transport board may, by order, suspend a motor carrier's certificate for cause and, after giving 10 days' notice to the motor carrier and providing him or her an opportunity to be heard, do one or more of the following:

(a) revoke, alter or amend the certificate;

(b) impose a fine of not more than $25,000. on the motor carrier.

300(1.1)    [Repealed] S.M. 1999, c. 13, s. 12.

Failure to comply with conditions

300(2)      Failure to observe or comply with a condition to which a certificate is subject is a cause for which the certificate may be suspended, revoked, altered, or amended as provided in subsection (1); but nothing in this subsection restricts the generality of subsection (1).

Suspension of right to use highway

300(3)      Where a motor carrier operates a public service vehicle without holding a certificate therefor, the transport board, after notifying him to cease operating it until the certificate has been issued, may, by order, suspend his authority to use the highways for a period not exceeding thirty days at one time, and direct the removal of the number plate or plates of the vehicle during that period; and a peace officer may thereupon remove the number plate or plates.

Cancellation or suspension of registration, and fine

300(3.1)    Where an owner to whom the registrar has issued a registration card for a truck, or combination of vehicles, that has a registered gross weight of 4,500 kg or more fails to comply with any provision of this Act or The Drivers and Vehicles Act or a regulation under either of those Acts, or any regulation or order made by the transport board, or for any other reasonable cause, the transport board may do one or more of the following by order:

(a) direct the registrar to do one or both of the following:

(i) to cancel or suspend the registration of any truck, or combination of vehicles, that has a registered gross weight of 4,500 kg or more in the name of the owner,

(ii) to refuse to register any truck, or combination of vehicles, that has a registered gross weight of 4,500 kg or more in the name of the owner,

either absolutely or for a specified period of time;

(b) impose a fine of not more than $25,000. on the owner.

300(3.2)    [Repealed] S.M. 1999, c. 13, s. 12.

Notice of show cause hearing

300(3.3)    Prior to making an order under clause (3.1)(a) or imposing a fine under clause (3.1)(b), the transport board shall

(a) give at least 10 days' notice in writing to the owner and provide to the owner an opportunity to be heard; and

(b) cause the notice to be delivered to the owner by a delivery service that guarantees delivery and provides proof of delivery.

Revocation of certificate for failure to provide service

300(4)      Upon the finding of the transport board that a motor carrier does not give convenient, efficient, and sufficient, service in the opinion of the board, the motor carrier shall be given a reasonable time, being not less than ten days, to provide the service before any existing certificate is cancelled or revoked, or a certificate is granted to another motor carrier for the operation of public service vehicles over the same route.

Exception to subsection (4): transportation of property or bus freight

300(4.1)    On and after January 1, 1998, subsection (4) does not apply in respect of a public service vehicle

(a) that is used solely for the transportation of property; or

(b) that is a bus to the extent that the subsection authorizes the use of the bus for transporting freight.

300(4.2)    [Not yet proclaimed]

Exception to subsection (4): scheduled-service buses and designated passenger p.s.v.'s

300(4.3)    On and after July 1, 2012, subsection (4) does not apply to a certificate issued for the operation of a scheduled-service bus or a designated passenger public service vehicle.

300(5) and (6)  [Repealed] S.M. 1994, c. 4, s. 25.

S.M. 1985-86, c. 13, s. 12; S.M. 1987-88, c. 23, s. 23; S.M. 1994, c. 4, s. 25; S.M. 1995, c. 19, s. 7; S.M. 1997, c. 37, s. 33; S.M. 1999, c. 13, s. 12; S.M. 2001, c. 19, s. 30; S.M. 2005, c. 37, Sch. B, s. 68; S.M. 2012, c. 7, s. 9; S.M. 2013, c. 49, s. 14.

Prohibition of cancellation or transfer

300.1       No motor carrier shall, after being notified that the transport board intends to hold a show cause hearing under subsection 300(1) or (3.3), cancel or transfer to another motor carrier the registration of any motor vehicle that the show cause hearing concerns.

S.M. 2001, c. 19, s. 31.

301(1)      [Repealed] S.M. 1994, c. 4, s. 26.

Annual statement of motor carriers

301(2)      Every motor carrier shall, at the time required by the transport board, file with the secretary of the transport board a statement, on a form furnished by the board and duly certified by the motor carrier as to its correctness, containing such information, including a statement of gross and net earnings, as may be prescribed in the form, respecting the operation of the motor carrier during the last preceding year.

Failure to comply with subsection (2)

301(3)      Where a motor carrier fails, refuses or neglects to comply with subsection (2) within the time prescribed by the transport board, the board may refuse to authorize the issue of a new certificate or the renewal thereof by the registrar until the motor carrier complies with that subsection to the satisfaction of the board.

S.M. 1994, c. 4, s. 26.

Designation of p.s.v. routes in municipalities

302(1)      The council of any municipality through which a public service vehicle is authorized to operate by virtue of a certificate issued under this Part may, with the approval of the transport board, designate, by by-law, the streets within the municipality over which the motor carrier holding the certificate may operate his public service vehicle; but, subject to the foregoing, a motor carrier operating under a certificate may operate his public service vehicle in and through any municipality covered by the certificate without holding a licence or permit under any by-law of that municipality, except where he takes on passengers or property within the limits of an urban municipality and discharges them, or some of them, or the property or a portion thereof, within the limits of that municipality.

Effect of subsection (1)

302(2)      Subsection (1) has effect, notwithstanding any provision of The Municipal Act or a city charter or other special Act to the contrary.

No municipal fees

302(3)      Subject to subsection (1), notwithstanding any provision of The City of Winnipeg Charter, no city, town, village, or rural municipality shall impose any fee or charge on a motor carrier operating under this Part.

Indication of truck routes

302(4)      The council of the municipality shall cause the streets designated in a by-law passed under subsection (1) to be indicated or made known to drivers by traffic control devices adequate for the purpose; and where a street is so indicated or made known every driver shall comply with the by-law.

S.M. 2002, c. 39, s. 535.

Markings, etc., required by board to be displayed

303(1)      Every motor carrier shall attach to the sides of the public service vehicle operated by him under a certificate, in such manner as to be plainly visible, any distinctive mark or sign the transport board may require; and no motor carrier shall operate or have under his control or in his charge any public service vehicle on any highway unless such a distinctive marking or sign is attached thereto.

Board remains owner of markings, etc.

303(2)      Any distinctive mark or sign issued by the transport board remains the property of the transport board; and it may be removed from the public service vehicle to which it is attached by a peace officer, on advice in writing from the board that the certificate to operate the vehicle has been suspended or revoked.

Condition of p.s.v.'s

304         Every public service vehicle shall be maintained in a safe and sanitary condition at all times, and shall be at all times subject to the inspection of the transport board, and its duly authorized representatives, and of peace officers or officers of the department.

Fire extinguishers on passenger p.s.v.'s

305         Every public service vehicle for passenger transportation shall be equipped with a fire extinguisher which shall be of a kind approved by the transport board; and the extinguisher shall be kept in a satisfactory operating condition at all time.

Requirements for p.s.v. drivers

306         The driver of each public service vehicle shall

(a) be at least 18 years of age;

(b) be of good moral character; and

(c) hold a valid driver's licence of a class that authorizes him or her to operate the class of motor vehicle being driven or, if the driver is not a resident of Manitoba, hold a valid out-of-province driving permit that authorizes him or her to operate the class of motor vehicle being driven, issued in the province or territory of Canada or the state of the United States of which he or she is a resident;

and, if the driver is not a resident of Manitoba, he or she shall comply with the requirements of the province or territory of Canada or the state of the United States of which he or she is a resident and with the requirements of this Act and the regulations.

S.M. 1995. c. 31, s. 14; S.M. 2005, c. 37, Sch. B, s. 69.

Obligation of passenger p.s.v.'s to carry passengers

307         No driver or operator of a public service vehicle for passenger transportation shall refuse to carry any person offering himself at any regular stopping place for carriage, and who tenders the regular fare to any regular stopping place on the route of the vehicle or between the termini thereof, unless at the time of the offer the seats of the vehicle are fully occupied; but the driver or operator of a public service vehicle may refuse transportation to any person who is in an intoxicated condition or conducting himself in a boisterous or disorderly manner or is using profane or obscene language.

Carriage of passengers in trucks

308(1)      No person shall carry any passenger in a truck that is a public service vehicle or a commercial truck, except where the conveyance is of

(a) employees of the owner of the truck whose assistance is necessary in loading or unloading the truck; or

(b) employees of any person who has hired the truck; or

(c) the owner or members of the family of the owner of the truck, or of the owner, or employees of the owner, of any livestock being transported in the truck;

unless permitted to do so by a chief constable of The City of Winnipeg where the owner resides in The City of Winnipeg, or by a member of the Royal Canadian Mounted Police Force where the owner does not reside in The City of Winnipeg.

308(2)      [Repealed] S.M. 2001, c. 7, s. 24.

S.M. 2001, c. 7, s. 24.

Passengers allowed on seats only

309(1)       No driver or operator of a public service vehicle for passenger transportation shall allow passengers to ride on the running-boards, fenders, or any part of the vehicle other than the seats thereof.

Restriction as to front seat passengers

309(2)      No driver or operator of a public service vehicle for passenger transportation shall permit or allow on the front seat of the vehicle more passengers than the seat is designed to carry, exclusive of the driver, or permit or allow any passenger to occupy any other portion of the vehicle forward of the back of the driver's seat.

Sitting on left of driver in left-hand drive prohibited

309(3)      No passenger shall be allowed to sit on the front seat to the left of the driver in a left-hand drive public service vehicle, or to the right of the driver in a right-hand drive public service vehicle.

Limit on number of persons in front seat of p.s.v.'s

309(4)      No more than three persons shall occupy the front seat of any public service vehicle or commercial truck.

Emergency exit

309(5)      Unless the regulations otherwise provide, every public service vehicle for passenger transportation shall have in addition to the regular passenger exit another exit at the rear or upon the opposite side, for use in cases of emergency.

Attachment of trailers to passenger p.s.v.'s prohibited

310(1)      Except where specially authorized by the transport board, no public service vehicle for passenger transportation shall be operated or driven with any trailer or other vehicle attached thereto, except where a vehicle becomes disabled while on a trip and is unable to run under its own power, in which case the disabled vehicle may be towed to the nearest point where repair facilities are available.

Towing of passenger p.s.v.'s

310(2)      No public service vehicle for passenger transportation shall, under any circumstances, be towed at a greater rate of speed than 30 kilometres an hour, or towed at all unless its brakes are in proper working order.

Restriction re carriage of baggage

311         A public service vehicle for passenger transportation shall not carry or transport any luggage, baggage, package, trunk, crate, or other load that extends beyond the outside limits of the vehicle, except that it may be carried on the roof thereof.

312         [Repealed]

S.M. 2012, c. 7, s. 10.

Bill of lading, etc.

313(1)      Every person owning or operating a public service vehicle for the transportation of property shall use a bill of lading in the prescribed form, or such other document as may be approved by the transport board for the purpose; and any peace officer may require the driver of the vehicle to produce for his inspection the bill of lading or other document.

Contents of bill of lading relating to livestock

313(2)      A bill of lading or other document relating to livestock, shall contain a note of brands, tags or other distinguishing marks on the livestock to which the bill or other document relates.

S.M. 1986-87, c. 14, s. 44.

314(1)      [Repealed] S.M. 1994, c. 4, s. 27.

Identification of owners of regulated vehicles and other p.s.v.'s and commercial trucks

314(2)      The owner of a regulated vehicle, or a public service vehicle or commercial truck that is not a regulated vehicle, must ensure that it displays in a conspicuous place on each of its lateral sides the owner's name or a distinctive mark or graphic that readily identifies the owner.

Size and colour of lettering

314(3)      For the purpose of subsection (2) when the owner's name is displayed in letters and figures,

(a) each letter or figure must be at least 5 cm tall and 5 cm wide; and

(b) the letters and figures must contrast with the background on which they are displayed and be easily legible.

314(4)      [Repealed] S.M. 2013, c. 49, s. 15.

S.M. 1994, c. 4, s. 27; S.M. 2013, c. 49, s. 15.

Action for unpaid charges

315(1)      When the person liable therefor refuses or neglects to pay to any operator of a public service vehicle, on demand, any lawful tolls or charges, or any part thereof, the tolls or charges may be recovered from him in any court of competent jurisdiction.

Seizure of goods for unpaid charges

315(2)      The operator of a public service vehicle may, instead of proceeding as aforesaid for the recovery of the tolls or charges, seize the goods for, or in respect whereof, the tolls or charges are payable; and he may detain the goods until payment thereof, and in the meantime the goods are at the risk of the owners thereof.

Sale of goods seized

315(3)      Where the tolls or charges on live animals, or goods liable to deteriorate or perish while in the possession of the operator of the vehicle, are not paid forthwith on demand, or where the tolls or charges on other goods are not paid within four weeks after demand, the operator may, without further notice to the consignor or owner, advertise and sell the whole or any part of the goods and, out of the moneys realized from the sale, retain the tolls or charges payable and all reasonable charges and expenses of the seizure, detention, advertisement, and sale.

Disposal of surplus from sale

315(4)      The operator shall pay or deliver the surplus, if any, or such of the goods as remain unsold, to the person entitled, and may recover the deficiency, if any, by action in any court of competent jurisdiction.

Offence and penalty

316         Any person who

(a) [repealed] S.M. 2005, c. 37, Sch. B, s. 70;

(b) operates a public service vehicle without holding a certificate therefor; or

(c) knowingly enters into an arrangement with a motor carrier for the provision of transportation services which the motor carrier is not authorized to perform under this Part; or

(d) obtains or attempts to obtain the transportation of property at tolls not authorized by the transport board; or

(e) transports or attempts to transport persons or property at tolls not authorized by the transport board;

is guilty of an offence and is liable on summary conviction for a first offence to a fine of not less than $200. or more than $2,000. and for a second or subsequent offence, to a fine of not less than $500. or more than $5,000.

S.M. 1985-86, c. 13, s. 13; S.M. 2005, c. 37, Sch. B, s. 70.

Violation of Act or certificate by holder or employee an offence

317         The holder of a certificate issued by the transport board under this Part who, or whose employee,

(a) in connection with the operation of the vehicle, violates any provision of this Act, The Drivers and Vehicles Act or a regulation under either of those Acts; or

(b) either in connection with the operation of the vehicle or otherwise, violates any condition of the certificate; or

(c) provides a transportation service which the holder is not authorized to provide under the terms of the certificate; or

(d) counsels another person to contravene a provision of this Act, The Drivers and Vehicles Act or a regulation under either of those Acts, to contravene a condition of a certificate or to provide a transportation service which is not authorized under this Part;

is guilty of an offence and, in addition to any other penalty to which he may be liable, and whether or not the transport board cancels or suspends the certificate because of the violation, is liable, on summary conviction, to a fine of not less than $500. or more than $5,000.

S.M. 1985-86, c. 13, s. 14; S.M. 1986-87, c. 14, s. 46; S.M. 2005, c. 37, Sch. B, s. 71.

Offences by shippers of property

317.1(1)    A person who ships property on a public service vehicle and who, in relation to the shipment, causes the motor carrier to contravene a provision of this Act or the regulations or the vehicle to be operated in contravention of a provision of this Act or the regulations also commits any offence with which the motor carrier or the driver of the vehicle may be charged due to the contravention.

Penalty for shippers

317.1(2)    A person who commits an offence under subsection (1) is liable on summary conviction to any fine for which the motor carrier or driver may be liable, whether or not the motor carrier or driver has been prosecuted or convicted.

Shipper responsibility for employees' actions

317.1(3)    In a prosecution of an offence under subsection (1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused while acting in the course of his or her employment or agency functions, whether or not the employee or agent has been prosecuted for the offence.

S.M. 2002, c. 40, s. 34.

318         [Repealed]

S.M. 1994, c. 4, s. 28; S.M. 1997, c. 37, s. 34; S.M. 2002, c. 40, s. 35; S.M. 2013, c. 49, s. 16.

SAFETY OF PUBLIC SERVICE VEHICLES AND REGULATED VEHICLES OTHER THAN PUBLIC SERVICE VEHICLES

Disclosure by driver of p.s.v. or regulated vehicle that is not p.s.v.

318.1(1)    Before first being engaged to drive a public service vehicle or a regulated vehicle that is not a public service vehicle, a person must disclose in writing to the vehicle's operator

(a) the name of each province or territory of Canada or state, district or territory of the United States in which the person holds an out-of-province driving permit;

(b) the class of out-of-province driving permit held in each place;

(c) whether any of the out-of-province driving permits are or have been suspended or cancelled; and

(d) the name in which each out-of-province driving permit was issued.

318.1(1.1) and (2)  [Repealed] S.M. 2013, c. 49, s. 18.

Continuing driver disclosure

318.1(3)    A person engaged to drive a public service vehicle or a regulated vehicle that is not a public service vehicle must, without delay, disclose in writing to the vehicle's operator

(a) particulars of traffic accidents required to be reported under this Act;

(b) convictions arising from the operation or having care and control of a motor vehicle, under the following:

(i) The Highway Traffic Act and regulations or any similar Act and regulations of the legislature of a province or territory,

(i.1) The Drivers and Vehicles Act and regulations or any similar Act and regulations of the legislature of a province or territory,

(ii) the Criminal Code,

(iii) the Transportation of Dangerous Goods Act (Canada), The Dangerous Goods Handling and Transportation Act and regulations, and any other similar Act and regulations of the legislature of a province or territory,

(iv) any Acts or regulations, similar to those described in subclauses (i) to (iii), of a state, district or territory of the United States of America,

(v) any Act or regulation prescribed by regulation,

(vi) any by-law made by a traffic authority and prescribed by regulation; and

(c) a suspension, cancellation, prohibition or change in classification of the person's driver's licence or an out-of-province driving permit held by the person.

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 32; S.M. 2002, c. 40, s. 36; S.M. 2005, c. 37, Sch. B, s. 72; S.M. 2013, c. 49, s. 18.

Safety inspections and reports by driver

318.2       A driver must not drive or tow a public service vehicle, or drive a regulated vehicle that is not a public service vehicle alone or in combination with another vehicle, on a highway unless

(a) every vehicle driven or towed has been inspected in accordance with the regulations;

(b) reports have been prepared and submitted at the times and in the manner and to the persons prescribed by regulation; and

(c) every vehicle driven or towed has been found to be in safe operating condition.

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 33; S.M. 2013, c. 49, s. 19.

Drivers' hours of service

318.3(1)    A driver must not drive a public service vehicle or a regulated vehicle that is not a public service vehicle on a highway in contravention of the regulations respecting permitted hours of service of drivers.

Driver records

318.3(2)    The driver of a public service vehicle or a regulated vehicle that is not a public service vehicle

(a) must make and maintain the records respecting hours of service prescribed by the regulations; and

(b) must, without delay after making the record, provide a copy to the vehicle's operator in accordance with the regulations.

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 34; S.M. 2013, c. 49, s. 20.

Safe operation

318.4       A driver must not drive a public service vehicle or a regulated vehicle that is not a public service vehicle on a highway unless

(a) the driver has inspected the cargo to be transported and it appears to be secured in accordance with the regulations;

(b) equipment forming part of or carried on the vehicle is firmly secured;

(c) the entry into and exit from, including an emergency exit from, the vehicle are unobstructed;

(d) all passenger exits, including emergency exits, from the vehicle are unobstructed; and

(e) property transported is secured or stored so as not to pose a risk of injury to the driver or a passenger by its falling, displacement or other movement.

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 35; S.M. 2013, c. 49, s. 21.

Manitoba resident compliance officer — motor carriers

318.5(1)    A motor carrier that operates a public service vehicle must ensure that a person who resides in Manitoba is designated in writing to be responsible for promoting compliance by the motor carrier and the motor carrier's employees with this Act and the regulations.

Manitoba resident compliance officer — regulated vehicles other than p.s.v.'s

318.5(2)    The operator of a regulated vehicle that is not a public service vehicle must ensure that a person who resides in Manitoba is designated in writing to be responsible for promoting compliance by the operator and the operator's employees with this Act and the regulations.

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 36; S.M. 2013, c. 49, s. 22.

Initial review of driving record by operator

318.6(1)    Before engaging a person to drive a public service vehicle or a regulated vehicle that is not a public service vehicle, the vehicle's operator must

(a) if the person holds a driver's licence, obtain the person's driving record from the registrar; or

(b) if the person does not hold a driver's licence, obtain the person's driving record from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States

(i) disclosed by the person under section 318.1, or

(ii) otherwise known by the operator to have granted an out-of-province driving permit to the person;

and must review the driving record and determine whether the person is fit to drive the vehicle.

Annual review of driving record by operator

318.6(2)     During each 12-month period of a person's engagement to drive a public service vehicle or a regulated vehicle that is not a public service vehicle, the vehicle's operator must

(a) if the person holds a driver's licence, obtain the person's driving record from the registrar current to a date no earlier than 30 days before it is obtained; or

(b) if the person does not hold a driver's licence, obtain the person's driving record, current to a date no earlier than 12 months before it is obtained, from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States

(i) disclosed by the person under section 318.1, or

(ii) otherwise known by the operator to have granted an out-of-province driving permit to the person;

and must review the driving record and determine whether the person continues to be fit to drive the vehicle.

S.M. 1988-89, c. 14, s. 16; S.M. 1991-92, c. 25, s. 61; S.M. 2001, c. 19, s. 37; S.M. 2013, c. 49, s. 22.

Maintenance of vehicles

318.7(1)    The operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must

(a) maintain the vehicle in safe operating condition in accordance with standards of safety and repair applicable to it prescribed by the regulations; and

(b) ensure that no driver drives the vehicle on the operator's behalf unless defects listed in a driver inspection or other report prescribed by the regulations have been remedied so as to comply with prescribed standards of safety and repair applicable to the vehicle.

Manufacturers' notices

318.7(2)    On becoming aware of a notice of defect issued by the manufacturer of a public service vehicle or a regulated vehicle that is not a public service vehicle, the operator of a vehicle of that type must, without delay, remedy the defect in accordance with the manufacturer's instructions.

Maintenance records to be kept

318.7(3)    The operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must make and keep a record in accordance with the regulations of each action taken under subsections (1) and (2) with respect to the vehicle.

S.M. 1988-89, c. 14, s. 16; S.M. 1992, c. 12, s. 4; S.M. 2001, c. 19, s. 38; S.M. 2013, c. 49, s. 23.

Motor carrier's records

318.8(1)    Subject to subsection (2), the operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must keep the following records at the operator's chief place of business in Manitoba:

(a) drivers' disclosures submitted under subsections 318.1(1) to (3);

(b) inspection reports submitted under section 318.2;

(c) records made and submitted under subsection 318.3(2);

(d) designations under section 318.5;

(e) driving records obtained under section 318.6;

(f) records of actions taken under subsection 318.7(3);

(g) other records that the regulations require the operator to make and keep.

Alternative place for records

318.8(2)    If at the request of the operator of a public service vehicle or a regulated vehicle that is not a public service vehicle the minister has approved another place for keeping records in Manitoba, the operator must keep the records described in subsection (1) at that other place.

S.M. 1988-89, c. 14, s. 16; S.M. 2005, c. 37, Sch. B, s. 73; S.M. 2013, c. 49, s. 24.

Operator to ensure driver compliance

318.9       The operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must ensure that a driver who drives the vehicle on the operator's behalf complies with sections 298.1 and 318.2 to 318.4.

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 39; S.M. 2013, c. 49, s. 25.

Definitions

318.10(1)   In this section, "record" means a record regardless of physical form.

Powers of investigation

318.10(2)   To ensure compliance with this Act, The Drivers and Vehicles Act and the regulations under either of those Acts, an inspector or a person authorized in writing by the minister may without a warrant and upon presentation on request of identification at the time of entry

(a) subject to subsections (3) and (4), enter the premises of a person at any reasonable time for the purpose of carrying out an inspection, audit or examination of the records of the operator of a public service vehicle or a regulated vehicle that is not a public service vehicle;

(b) require the production for inspection, audit or examination of all records required to be kept by the operator under this Act or the regulations and all other records including books of account, documents, vouchers, payrolls, records, letters, by-laws, minutes of directors' meetings, or documents that are or may be relevant to the inspection, audit or examination, and, if they are stored in electronic form, may require

(i) the production of a copy, and

(ii) where requested, the provision of the means of accessing the records and instruction and assistance in the use of those means for the purpose of the inspection, audit or examination of the records;

(c) upon giving a receipt for them, remove any records and the means of accessing those records examined under clause (b) for the purpose of making copies or extracts of the records, but such copying must be carried out with reasonable speed and the records and the means of accessing those records must be promptly returned to the person who produced or furnished them; and

(d) make any inquiry of any person separate or apart from another person that is or may be relevant to the inspection, audit or examination.

Entry into dwelling

318.10(3)   No person authorized under subsection (2) shall enter any room or place actually being used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 3 of The Summary Convictions Act.

Search warrant

318.10(4)   Where it appears that a person authorized under subsection (2) has been prevented from exercising a power set out in clauses (2)(a) to (2)(c), and despite any penalty for such non-compliance, an inspector or a person authorized in writing by the minister may without the consent of the occupier enter any room or place, and exercise the powers granted under subsection 318.10(2) under the authority of a search warrant issued under section 3 of The Summary Convictions Act.

Compellability of witness

318.10(5)   No person authorized under subsection (2) is a compellable witness in a civil suit or proceeding respecting any information, material or statements acquired, furnished, obtained, made or received under the powers conferred under this Act except for the purpose of carrying out the person's duties under this Act.

Production

318.10(6)   No person authorized under subsection (2) shall be compelled or required to produce in a civil suit or proceeding any document, extract, report, material or statement acquired, furnished or obtained, made or received under the powers conferred under this Act except for the purposes of carrying out the person's duties under this Act.

S.M. 1988-89, c. 14, s. 16; S.M. 2005, c. 37, Sch. B, s. 74; S.M. 2013, c. 49, s. 26.

318.11      [Repealed]

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 40.

PART IX

REGULATIONS

Regulations

319(1)      The Lieutenant Governor in Council may make regulations

(a) [repealed] S.M. 1989-90, c. 56, s. 46;

(a.1) classifying vehicles for any purpose of the regulations;

(b) prescribing the fees payable in respect of any matter in connection with which a fee is authorized or required to be paid and in respect of any request for a search to be made of records maintained by the registrar or the transport board, or for furnishing particulars of vehicles or any class of drivers' licences, or for furnishing abstracts of driving records of drivers and owners;

(c) fixing the times at which, and the persons to whom, returns shall be made, except where provisions to that effect is specifically made herein;

(d) respecting the design, position, standards and other requirements of lamps and other lighting equipment and reflectors and other markings on vehicles for which no provision or no sufficient provision is made under this Act,

(d.1) respecting the use of lamps and other lighting equipment and reflectors and other markings on vehicles on a highway;

(d.2) respecting pilot or escort vehicles and their use in relation to tractors and implements of husbandry on a highway;

(e) prohibiting, controlling, or regulating the transportation or carrying in a vehicle on highways in the whole or any specified part of the province, of gasoline, fuel oil, other liquid material that is inflammable or explosive, radio-active material, or other material or things that is or are, or may be, dangerous;

(f) prescribing the equipment that shall be used on a vehicle that is carrying any material or thing mentioned in clause (e) on the highways in the whole or any specified part of the province;

(g) generally regulating or prescribing the manner in which any material or things mentioned in clause (e) shall be carried in vehicles on highways in the whole or any specified part of the province, or fixing the conditions or restrictions under which any such material or things may be so carried;

(h) prescribing any equipment and the type and use thereof on motor vehicles;

(i) [repealed] S.M. 1994, c. 4, s. 29;

(j) to (l.3) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(l.4) specifying the charge to be paid under The Drivers and Vehicles Act

(i) for a dealer's permit, salesperson's permit or recycler's permit, or for renewing, amending or replacing such a permit, or

(ii) for any knowledge test that a person applying for such a permit or a renewal may be required to take;

(l.5) to (l.13) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(m) prescribing the information that must be included in returns made, as required herein, by persons engaged in the business of renting motor vehicles;

(n) fixing the tolerances allowable in the gross weight of public service vehicles, commercial trucks, and trucks for the purposes of subsection 254(2);

(o) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(p) prescribing the charges that may be made by the owner, operator, manager, or other person in charge, of a garage or storage place for the storage of a motor vehicle impounded and placed in storage under this Act; and, if deemed advisable, providing that those charges may vary, as specified in the regulations, in different parts of the province;

(q) prescribing the kinds or types of partitions that must be used to separate different kinds, classes, types, or sizes, of livestock being carried in or upon a truck;

(r) prescribing that vehicles travelling in a particular direction stated in the regulations on any highway, or part of a highway, in unorganized territory designated in the regulations, shall yield the right of way to vehicles travelling in the opposite direction; or prescribing the types and kinds of vehicles that, on any such highway or part of a highway, shall have the right-of-way over other vehicles;

(s) [repealed] S.M. 1995, c. 31, s. 15;

(t) designating any highway or portion thereof as a highway or portion of a highway upon which no person shall drive a motor vehicle at a rate of speed greater than 50 kilometres per hour;

(u) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(v) specifying the charge to be paid under The Drivers and Vehicles Act

(i) for a driver training school permit or driving instructor's permit, or for renewing, amending or replacing such a permit, or

(ii) for any knowledge test that a person applying for such a permit or a renewal may be required to take;

(w) and (x) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(y) governing

(i) the width of the wheels of tractors, and the use of cleats, spikes, and other protuberances thereon, and the rate of speed of tractors driven on a highway, and

(ii) the size and nature of tires to be used on vehicles other than motor vehicles and trailers;

(z) governing

(i) the dimensions of trailers, and

(ii) the type and construction of trailers;

(aa) prescribing reports to be made respecting motor vehicles or trailers of non-residents;

(bb) [repealed] S.M. 1988-89, c. 14, s. 17;

(cc) limiting the rate of speed at which any vehicle or class of vehicles may be driven over or on any bridge, causeway, or viaduct;

(dd) prescribing the days and hours within which any vehicle or class of vehicles may not be operated on any highway or any portion thereof;

(ee) prohibiting at certain times, or at all times, the operation of any vehicle or class of vehicles upon any specified highway or any portion thereof;

(ee.1) respecting the use of highways by aircraft for landings and takeoffs, including, but not limited to, requiring a person to obtain a permit before any such use of certain kinds of departmental roads, as defined in The Highways and Transportation Act, and specifying the charge to be paid for a permit;

(ff) [repealed] S.M. 1988-89, c. 14, s. 17;

(gg) and (hh) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(ii) prescribing the period during which a certificate of approval is valid;

(jj) [repealed] S.M. 1992, c. 12, s. 5;

(kk) authorizing the use on a traffic offence notice of any word, expression, or abbreviation, to designate an offence under this Act or under a regulation or by-law made or passed under the authority of this Act regulating traffic;

(ll) respecting any matter deemed necessary to provide for the use of traffic offence notices;

(mm) without restricting the generality of any other provision of this subsection, but subject to subsection (2), prescribing the standards to which

(i) lamps and other lighting equipment or reflectors and other markings,

(ii) brakes and brake fluids,

(iii) tires and rims,

(iv) horns and other warning devices,

(v) trailer hitches and safety chains,

(vi) bumpers,

(vii) recreational trailers, house trailers and school buses,

(viii) mufflers and other exhaust systems,

(ix) windshield wipers and washers,

(x) safety glass or safety glazing material,

(xi) seat belts and other passenger restraint devices,

(xii) equipment designed to convert snowmobiles to travel upon wheels,

(xiii) vehicles designed and intended for off-highway use,

(xiv) splashguards for various types and classes of vehicles,

(xv) mirrors,

(xvi) frost shields,

(xvii) studs for pneumatic tires,

(xviii) any other equipment on or for a motor vehicle or trailer, and

(xix) air brake systems for motor vehicles;

shall conform and by regulating or prohibiting the sale or use of any such equipment, device, vehicle or substance that does not meet the requirements of any such standard;

(mm.1) respecting

(i) standards of safety and repair of vehicles and parts of vehicles for the purpose of this Act and the regulations, and

(ii) inspection procedures and criteria for determining compliance with the standards of safety and repair;

(nn) prescribing the lights and other traffic control devices, and the lines or other markings on the surface of roadways, required to designate a pedestrian corridor;

(oo) prescribing warning devices that are to be carried by school buses;

(pp) [repealed] S.M. 2013, c. 49, s. 27;

(qq) [repealed] S.M. 1995, c. 31, s. 15;

(rr) [repealed] S.M. 1994, c. 4, s. 29;

(ss) [repealed] S.M. 1997, c. 37, s. 35;

(tt) [repealed] S.M. 1988-89, c. 14, s. 17;

(uu) [repealed] S.M. 1995, c. 31, s. 15;

(vv) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(ww) prescribing standards for school buses and equipment thereon;

(xx) [repealed] S.M. 1994, c. 4, s. 29;

(yy) prescribing standards for motorcycles that may be registered under The Drivers and Vehicles Act and, without limiting the generality of the foregoing, prescribing minimum heights, minimum speed capabilities and required equipment for motorcycles that may be registered under that Act;

(zz) [repealed] S.M. 1994, c. 4, s. 29;

(aaa) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(bbb) prescribing standards for bicycles operated on highways, and without limiting the generality of the foregoing, prescribing required equipment to which bicycles and their equipment shall conform, and regulating or prohibiting the sale or use of any such equipment, device, bicycle or substance that does not meet the prescribed standard;

(ccc) prescribing times within when persons are prohibited from operating bicycles on any highway or portion thereof and specifying highways or parts thereof on which the operation of bicycles is prohibited at all times;

(ccc.1) respecting protective helmets for persons driving or riding on bicycles or power-assisted bicycles, or riding on or being towed in things attached to or towed by bicycles, including prescribing suitable helmets for the purpose of section 145.0.1;

(ccc.2) prescribing how bicycles or power-assisted bicycles are to be operated on highways or, with or without conditions, exempting any of them from the application of a provision of this Act;

(ddd) prescribing the equipment that is required by a tow truck, respecting the classification of tow trucks by size of load which they are equipped to tow, respecting the inspection of tow trucks and their equipment prescribing minimum insurance to be carried by tow trucks according to their classification, and prescribing rules governing the operation of tow trucks at the scene of an accident;

(ddd.1) requiring and governing the charge for re-instating a driver's licence following its suspension or a person's right to hold a licence following his or her disqualification from applying for or holding a driver's licence or from operating a motor vehicle;

(eee) specifying the charges payable in respect of any matter in connection with which a charge is authorized or required to be paid in respect to licensing of drivers, replacement of drivers' licences, motor vehicle inspector's licence, driver examinations, single trip certificates for vehicles, permits for vehicles or for property to be moved by vehicle, permits to operate a commercial driving school or for driver instructors, certificate of conviction forwarded by a justice, transcript or certified copy of conviction or order, inter-municipal livery motor vehicle or chartered bus certificate;

(eee.1) [repealed] S.M. 1997, c. 37, s. 35;

(fff) prescribing the words to be used to identify highway traffic inspection stations;

(ggg) respecting the securing of loads of logs, lumber, cordwood, or pulpwood on vehicles;

(hhh) decreasing the maximum rate of speed on all highways, designated highways or portions thereof;

(iii) designating types or classes of motor vehicles which may be used as school buses and prescribing equipment with which each type or class shall be equipped and prescribe standards for such equipment;

(jjj) prescribe standards and procedures for the purpose of determining whether a vehicle is a moped;

(kkk) [repealed] S.M. 1997, c. 37, s. 35;

(lll) prescribing standards for tank-trailers designed and used for the transportation of hazardous commodities and motor vehicles used to tow such tank-trailers, the number of such tank-trailers that may be towed, the maximum speed at which tank-trailers may be driven, prohibiting the towing of tank-trailers when loaded with any hazardous commodity upon certain highways within any city, town or village and prescribing the manner and conditions respecting towing of such tank-trailers;

(mmm) designating certain commodities as hazardous commodities for the purpose of section 181;

(nnn) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(ooo) [repealed] S.M. 1994, c. 4, s. 29;

(ppp) adopting the provisions of the Transportation of Dangerous Goods Act (Canada) or any part thereof, or any regulation made thereunder, as a regulation under this Act applying to and in respect of any matter, situation or circumstance within the jurisdiction of the Legislature;

(qqq) requiring the operators of motorcycles to have the headlights of the motorcycles on at all times while the motorcycles are in operation on a highway;

(rrr) exempting certain persons, classes of persons or members of certain groups or organizations from the requirements of part or all of the provisions of section 186 or 187;

(rrr.1) specifying the charge to be paid under The Drivers and Vehicles Act

(i) for an inspection station permit or qualified mechanic's permit, or for renewing, amending or replacing such a permit, or

(ii) for any knowledge test that a person applying for such a permit or a renewal may be required to take;

(rrr.2) to (rrr.5) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(sss) [repealed] S.M. 1997, c. 37, s. 35;

(sss.1) respecting the circumstances, events or time periods in which vehicles having a GVWR of 4,500 kg or more and regulated vehicles, or classes of such vehicles, are to be submitted to inspections and tests, and prescribing the inspection certificates and decals required to be issued in relation to the inspections and tests, specifying the charges payable for inspection certificate forms and decals or any class of inspection certificate forms or decals and providing for recognizing in Manitoba the inspection programs, inspection certificates and decals of jurisdictions outside Manitoba;

(sss.2) to (sss.9) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(sss.10) governing the circumstances in which a charge payable under this Act or The Drivers and Vehicles Act for inspecting and testing or re-inspecting and testing a motor vehicle, or both, and for the issuance of an inspection certificate shall not exceed a maximum charge and prescribing the maximum charge;

(sss.11) and (sss.12) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(ttt) respecting the safe condition and operation of public service vehicles of any weight, vehicles having a GVWR of 4,500 kg or more, and regulated vehicles that are not public service vehicles, and without limiting the generality of the foregoing,

(i) prescribing for the purposes of subsection 265.1(3) the period or the manner of determining the period, not exceeding 24 hours, for which a licence may be suspended,

(ii) for the purposes of subclause 318.1(3)(b)(v) or 322.1(1)(b)(v) or clause 322.2(1)(b), prescribing Acts and regulations

(A) of Manitoba, the Parliament of Canada or the legislature of another province or a territory,

(B) of the United States of America or a state, district or territory of the United States of America, or

(C) of another country, or a political subdivision of another country, with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1),

(ii.1) for the purpose of subclause 318.1(3)(b)(vi) or 322.1(1)(b)(vi) or prescribing by-laws made by traffic authorities,

(iii) [repealed] S.M. 1992, c. 12, s. 5,

(iv) respecting inspections and inspection reports to be made and the persons to whom reports are to be provided,

(v) respecting records to be made, kept and produced,

(vi) respecting hours of service which drivers are permitted to provide under this Act,

(vii) exempting classes of vehicles from regulations under this Act;

(viii) authorizing an employee of the department — described in the regulation — to issue, with or without conditions, a permit exempting the operator of a motor vehicle, or a class of such operators, from the application of a regulation made for the purpose of subclauses (v) and (vi), and

(ix) respecting permits under subclause (viii), including prescribing the maximum period for which a permit may be issued, prescribing eligibility criteria, governing the process for obtaining a permit and governing the suspension or cancellation of a permit;

(ttt.1) respecting the designation of passenger public service vehicles as designated passenger public service vehicles for the purpose of Part VIII;

(ttt.2) excluding

(i) trucks or classes of trucks from the definition "commercial truck" in subsection 1(1), or

(ii) motor vehicles or classes of motor vehicles from the definition "regulated vehicle" in that subsection;

(ttt.3) designating trucks or classes of trucks

(i) as limited-use commercial trucks for the purpose of the definition "limited-use commercial truck" in subsection 1(1), or

(ii) as limited-use public service vehicles for the purpose of the definition "limited-use public service vehicle" in that subsection;

(uuu) prescribing for the purposes of subsection 242.1(3)

(i) the costs and charges payable to the garage keeper on account of the towing, transportation, care, storage, disposition and other related matters or the manner in which those costs and charges are to be determined,

(ii) the costs and charges payable to the Minister of Finance on account of administration or the manner in which those costs and charges are to be determined, and

(iii) the persons who are authorized to receive costs and charges on behalf of the Minister of Finance and who are required to remit those costs and charges to that minister and the manner in which the receipt and remission of the costs and charges is to take place;

(vvv) prescribing fees for the purposes of subsection 242.1(4) and clause 263.2(1)(b);

(vvv.1) respecting the seizure, impoundment and disposition of motor vehicles under section 242.4, including, but not limited to, prescribing the costs and charges payable to a garage keeper on account of the towing, transportation, care, storage, disposition of a motor vehicle and other related matters, or the manner in which those costs and charges are to be determined;

(www) prescribing the minimum level for light transmission and the maximum level for light reflection for the purposes of subsection 182(5);

(xxx) to (aaaa) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(aaaa.1) [repealed] S.M. 2008, c. 36, s. 45;

(bbbb) [repealed] S.M. 2005, c. 37, Sch. B, s. 75;

(cccc) respecting image capturing enforcement systems and their use, including

(i) prescribing types of image capturing enforcement systems,

(ii) prescribing what constitutes a particular type of image capturing enforcement system and governing the features and functions that it must or may have or be able to carry out,

(iii) approving specified image capturing enforcement systems by name or other description, and governing how approved systems may be referred to in certificates under section 257.3 and other documents, or in evidence in relation to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(1)(b) or (c),

(iv) authorizing individual municipalities, and peace officers on behalf of individual municipalities or the government, to use image capturing enforcement systems,

(v) governing the use of image capturing enforcement systems by municipalities and by peace officers on behalf of municipalities or the government, and

(vi) prescribing what constitutes a construction zone, playground zone or school zone for the purposes of subsection 257.1(2);

(dddd) prescribing, for the purpose of subsection 257.2(1), information to be displayed on or appended to a reproduction on paper of an image obtained through the use of an image capturing enforcement system or any specified image capturing enforcement system relating to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(1)(b) or (c);

(eeee) prescribing a time for the purpose of clause 257.3(2)(b);

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

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

(ffff) 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;

(gggg) 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;

(hhhh) empowering the registrar to issue permits, with or without conditions, allowing certain vehicles or classes or types of vehicles to be equipped with prohibited equipment or equipment that does not conform to prescribed standards or specifications;

(iiii) empowering the registrar to issue permits, with or without conditions, allowing certain vehicles or classes or types of vehicles to be used that do not conform to prescribed standards and specifications;

(jjjj) respecting applications for and the issuance of permits referred to in clauses (gggg) to (iiii), and specifying the charges payable for applying for such permits;

(jjjj.1) respecting the records of distance that a person whose registration fee is prorated under an agreement or arrangement under subsection 4.3(3) is required to make and maintain, and the reports of distance that person is required to submit and when that person is required to submit them;

(jjjj.2) respecting standards and guidelines in relation to determining when a disease or disability may be expected to interfere with safely driving a vehicle for the purposes of licensing of drivers under this Act or any other Act;

(jjjj.3) prescribing vehicles for the purpose of the definition "designated vehicle" in subsection 109.1(1);

(jjjj.4) prescribing

(i) classes of motor vehicles that are not included in the definition "roadside assistance vehicle" in subsection 109.1(1), or

(ii) activities that, when carried out by a motor vehicle in the class, exclude the motor vehicle from that definition;

(jjjj.5) prescribing roadside assistance, enforcement and other activities for the purpose of subsection 109.1(2);

(jjjj.6) prescribing matters about which a traffic authority may make rules or by-laws for the purpose of clause 90(1)(o);

(kkkk) defining any word or phrase used but not defined in this Act;

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

319(1.1)    [Repealed] S.M. 2014, c. 32, s. 12.

Regulations re low-speed vehicles

319(1.2)    The Lieutenant Governor in Council may make regulations

(a) permitting zero-emission and other low-speed vehicles to be driven on highways;

(b) establishing rules of the road for low-speed vehicles;

(c) restricting low-speed vehicles to certain types of highways, including highways with a specified maximum speed.

Adopting codes, standards and other regulations

319(2)      The power to make a regulation under subsection (1) or (1.2) 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

319(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 or the minister considers necessary.

Application of regulations

319(4)      A regulation made under subsection (1) or (1.2) 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. 1986-87, c. 14, s. 48 and 49; S.M. 1987-88, c. 23, s. 24; S.M. 1988-89, c. 14, s. 17; S.M. 1989-90, c. 4, s. 14; S.M. 1989-90, c. 7, s. 18; S.M. 1989-90, c. 55, s. 13; S.M. 1989-90, c. 56, s. 46; S.M. 1991-92, c. 25, s. 62; S.M. 1992, c. 12, s. 5; S.M. 1994, c. 4, s. 29; S.M. 1995, c. 31, s. 15; S.M. 1996, c. 19, s. 7; S.M. 1997, c. 37, s. 35; S.M. 1997, c. 38, s. 8; S.M. 2001, c. 7, s. 25; S.M. 2001, c. 19, s. 41; S.M. 2002, c. 1, s. 9; S.M. 2002, c. 40, s. 37; S.M. 2004, c. 8, s. 8; S.M. 2004, c. 11, s. 13; S.M. 2004, c. 30, s. 37; S.M. 2005, c. 37, Sch. B, s. 75; S.M. 2008, c. 17, s. 22; S.M. 2008, c. 36, s. 45; S.M. 2010, c. 7, s. 4; S.M. 2011, c. 39, s. 7; S.M. 2012, c. 7, s. 11; S.M. 2012, c. 34, s. 6; S.M. 2012, c. 39, s. 4; S.M. 2013, c. 49, s. 27; S.M. 2013, c. 54, s. 42; S.M. 2014, c. 32, s. 12.

320(1) to (4) [Repealed] S.M. 2005, c. 37, Sch. B, s. 76.

Approval of equipment by minister

320(5)      Notwithstanding any other provisions of this Act, the minister may approve equipment of vehicles with which vehicles are required to be equipped if that equipment is listed as being approved by the Canadian Standards Association or the American Association of Motor Vehicle Administrators, or the equipment complies with any applicable standard prescribed by regulations made under the Motor Vehicle Safety Act (Canada); but no equipment shall be approved that is of the type or design that it would conflict with any requirements of this Act or the regulations made thereunder.

S.M. 1994, c. 4, s. 30; S.M. 1997, c. 37, s. 36; S.M. 2005, c. 37, Sch. B, s. 76.

PART X

APPOINTMENTS AND MISCELLANEOUS

Order extending powers of local government district

321(1)      The Lieutenant Governor in Council, by order in council, may order that a local government district, designated in the order, or such portion thereof as is so designated, shall be deemed to be a municipality for the purposes of this Act, or such portion thereof as is stated in the order.

Exercise of powers conferred

321(2)      Upon the coming into force of an order in council made under subsection (1), the local government district, or the portion thereof, designated in the order shall be deemed to be a municipality for the purposes of this Act, or such portion thereof as is stated in the order; and the resident administrator of that local government district may thereafter, by by-laws applicable to the whole of the local government district or the designated portion thereof, exercise the powers conferred, under this Act or the portion thereof stated in the order, upon the council of a municipality, including the powers conferred upon it as a traffic authority.

RECORDS

Records of accidents and convictions

322(1)      The registrar may, if he or she considers it necessary to carry out the purposes of this Act and the regulations, maintain records respecting drivers who

(a) have been involved in accidents;

(b) have been convicted of a contravention of any provision of this Act or the regulations under this Act;

(c) have been convicted of an offence under the Criminal Code, whether the sentence or other disposition for the conviction is or was under the Criminal Code, the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

(d) have been convicted of an offence in any province or territory of Canada, in any state of the United States or in the District of Columbia, or in any country or any political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1), the tenor of which the registrar deems to be analogous to an offence under this Act or the Criminal Code of Canada; or

(e) have had their licences suspended or cancelled, or have been refused licences or licence renewals, disqualified from holding licences, or disqualified or prohibited from driving motor vehicles on highways or operating off-road vehicles.

Search of records

322(2)      Subject to subsections (3) to (3.2), the registrar may, upon request, cause a search to be made of any records maintained by him or her and furnished to any person

(a) particulars of motor vehicles registered under this Act or of drivers' licences issued under this Act; or

(b) a certified abstract of the driving records of drivers required to be maintained by him or her;

and the person making the request shall pay for each search or certified abstract furnished to him or her the fee prescribed in the regulations.

Limitation on furnishing information

322(3)      The registrar shall 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, furnish to any person information

(a) contained in a supplementary report of an accident required by the registrar to be made; or

(b) contained in a report about an offence under the Criminal Code 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 furnished to the registrar by a duly qualified medical practitioner or optometrist; or

(d) contained in a report furnished to the registrar 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) furnished by drivers in confidence to the registrar.

Interpretation of subsection (3)

322(3.1)    In subsection (3), "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.

Limitation on access to information about self

322(3.2)    The registrar shall not permit a person to examine or copy information about the person that is in the registrar's possession 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.

Registrar may disclose medical information on appeal

322(4)      Notwithstanding subsections (3), (3.1) and (3.2), where a person makes an appeal under section 157 or 279 and the registrar has medical information furnished to him by a duly qualified medical practitioner or optometrist, the registrar may furnish that information to The Licence Suspension Appeal Board, the Medical Review Committee or a judge of a court of competent jurisdiction, as the case may require without the consent of the person who is the subject of the medical information.

322(5) to (7)  [Repealed] S.M. 2008, c. 36, s. 45.

Disclosure of information for offence notices

322(8)      Despite subsection (3), the registrar may, for the purpose of producing offence notices for offences under any of the provisions mentioned in clause 257.1(1)(a) (image capturing enforcement), 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.

322(9) and (10) [Repealed] S.M. 2005, c. 37, Sch. B, s. 87.

S.M. 1986-87, c. 14, s. 50; S.M. 1989-90, c. 4, s. 15; S.M. 1989-90, c. 55, s. 14 and 15; S.M. 1993, c. 42, s. 7; S.M. 1998, c. 26, s. 5; S.M. 2001, c. 7, s. 26; S.M. 2002, c. 1, s. 10; S.M. 2004, c. 30, s. 38; S.M. 2005, c. 37, Sch. B, s. 77 and 87; S.M. 2008, c. 36, s. 45; S.M. 2014, c. 32, s. 12.

Safety compliance records of operators of regulated vehicles

322.1(1)    The minister must maintain a record for every operator of a regulated vehicle containing the following information:

(a) particulars of traffic accidents required to be reported under this Act involving regulated vehicles operated by the operator;

(b) convictions against the operator and drivers engaged by the operator, and penalties imposed on any of them, for offences arising from operating or having care and control of a regulated vehicle under the following:

(i) The Highway Traffic Act and regulations or any similar Act and regulations of the legislature of a province or territory,

(i.1) The Drivers and Vehicles Act and regulations or any similar Act and regulations of the legislature of a province or territory,

(ii) the Criminal Code,

(iii) the Transportation of Dangerous Goods Act (Canada), The Dangerous Goods Handling and Transportation Act and regulations and any other similar Act and regulations of the legislature of a province or territory,

(iv) any Acts or regulations similar to those described in subclauses (i) to (iii) of a state, district or territory of the United States of America,

(v) any Act or regulation prescribed by regulation,

(vi) any by-law made by a traffic authority and prescribed by regulation;

(c) the cancellation or suspension of the driver's licence or out-of-province driving permit of a driver engaged by the operator, or the prohibition of such a driver from driving, under any of the Acts or regulations described in clause (b);

(d) [repealed] S.M. 2013, c. 49, s. 29;

(e) safety inspections of regulated vehicles under this Act or The Drivers and Vehicles Act or a regulation under either of those Acts in consequence of which an inspector or other peace officer, a qualified mechanic, the registrar or any person authorized by the registrar directed the operator to take remedial action or remove the vehicle from service;

(f) the results of inspections of the operator's records under section 318.10;

(g) in the case of an operator that is a motor carrier, dispositions of proceedings before the transport board to

(i) suspend or cancel the operator's certificate to operate a public service vehicle, or

(ii) otherwise impose a sanction on the operator;

(h) when the operator registers a regulated vehicle in Manitoba, records respecting the motor carrier comparable to those described in clauses (e) to (g) made available to the minister by a government of a province or territory of Canada or a state, district or territory of the United States of America;

(i) instances where the operator fails to maintain satisfactory evidence of compliance with applicable insurance and bonding requirements prescribed by this Act or the regulations.

Safety fitness rating

322.1(2)    The minister may establish a system for assessing the extent of compliance by the operator of a regulated vehicle with this Act and the regulations.

Operator improvement

322.1(3)    Where the minister, after a review of the record maintained under subsection (1) and on the basis of a rating under subsection (2) or otherwise, is not satisfied that the operator is complying adequately with this Act, The Drivers and Vehicles Act and the regulations under those Acts, the minister may do one or more of the following:

(a) order the operator to do such things as the minister considers reasonably necessary to improve compliance, including any one or more of the following:

(i) to submit to one or more audits of the operator's operations by a third party auditor designated by the minister,

(ii) to limit the size of the operator's fleet,

(iii) to institute a safety plan acceptable to the minister,

(iv) to retain an auditor at the operator's expense to develop a safety plan for the purposes of subclause (iii),

or any similar thing;

(b) adjust the operator's safety fitness rating;

(c) revoke the operator's safety fitness certificate;

(d) impose a monetary penalty of not more than $25,000 on the operator.

322.1(4)    [Repealed] S.M. 2013, c. 49, s. 29.

Appeal by operator

322.1(5)    An operator in respect of whom the minister makes an order or takes an action, or on whom the minister imposes a penalty, under subsection (3) may appeal the order, action or penalty to the transport board in the manner set out in the regulations.

Decision of transport board

322.1(6)    Upon considering or hearing an appeal in accordance with the regulations and any rules of procedure made under subsection 326(17), the transport board may do one or more of the following by order:

(a) uphold the minister's order or action, or the penalty, or any combination of them;

(b) set aside the minister's order or action, or the penalty, or any combination of them;

(c) make whatever variation that it considers appropriate of the minister's order or action, or the penalty, or any combination of them.

Third party auditor qualifications and procedures

322.1(7)    The minister may establish the qualifications that a third party auditor must have for the purposes of clause 322.1(3)(a) and the audit procedures that every auditor must follow.

Minister may adopt by reference

322.1(8)    In establishing the qualifications or procedures, the minister may adopt 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.

Minister may cancel designation

322.1(9)    The minister may cancel a third party auditor's designation if he or she does not have the established qualifications or fails to follow the established audit procedures.

Safety fitness rating must not be misrepresented

322.1(10)   An operator must not advertise or claim that the operator has a Manitoba safety fitness rating that is different from the rating as currently determined under the assessment system established under subsection (2).

Prohibition on operating when safety fitness rating unsatisfactory

322.1(11)   An operator must not operate a regulated vehicle in Manitoba if the operator has an unsatisfactory safety fitness rating under this section.

Prohibition on operator having responsible person with past involvement with unsatisfactory operator

322.1(12)   An operator must not have or employ a director, officer, manager or other person in a position of responsibility who, within the year before his or her appointment or employment, served or was employed in any of those capacities with, or was the proprietor of, an operator that had an unsatisfactory safety fitness rating.

S.M. 1988-89, c. 14, s. 18; S.M. 1999, c. 13, s. 13; S.M. 2001, c. 19, s. 42; S.M. 2002, c. 40, s. 38; S.M. 2005, c. 37, Sch. B, s. 78; S.M. 2013, c. 49, s. 29.

Commercial driver records

322.2(1)    Without limiting the generality of section 322, the registrar may maintain separate records respecting drivers who are licensed to drive public service vehicles or regulated vehicles that are not public service vehicles 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 violation of any provision of this Act or the regulations under it, or of another Act or regulation prescribed by regulation; or

(c) have had their licences suspended or cancelled, or have been refused licences or licence renewals, disqualified from holding licences, or disqualified or prohibited from driving motor vehicles on highways or operating off-road vehicles.

Application of subsections 322(2) to (3.2)

322.2(2)    Subsections 322(2) to (3.2) apply, with necessary changes, to records the registrar maintains under subsection (1).

S.M. 2002, c. 40, s. 39; S.M. 2013, c. 49, s. 30.

SPECIFICATION OF GVWR BY REGISTRAR

Specification of GVWR by registrar

322.3       The registrar may specify the GVWR of a vehicle for any purpose of this Act or the regulations if

(a) the vehicle's manufacturer does not specify the GVWR; or

(b) the GVWR specified by the vehicle's manufacturer is not known and cannot be determined.

S.M. 2013, c. 49, s. 31.

APPOINTMENT OF OFFICERS

Appointment of staff

323(1)       A Director of Highway Safety, an Assistant Director of Highway Safety, a secretary of the transport board and such other permanent, special, or temporary officers as may be necessary for enforcing and carrying out this Act may be appointed as provided in The Civil Service Act.

Inspectors

323(1.1)    The minister may appoint persons or classes of persons as inspectors for the purpose of enforcing this Act and the regulations, and for any other purposes of this Act or the regulations.

Duties of secretary of traffic board

323(2)      Without restricting the generality of subsection (1), the secretary of the transport board has the same duties and powers in matters under the jurisdiction of the board as the secretary of The Public Utilities Board has under The Public Utilities Board Act.

Duties of minister

323(3)      The minister has charge of the administration of this Act and The Off-Road Vehicles Act and, without restricting the generality of the foregoing, has the powers and duties of administration and enforcement specified in these Acts and in their regulations.

323(4)      [Repealed] S.M. 2005, c. 37, Sch. B, s. 79.

323(4.1)    [Repealed] S.M. 2005, c. 37, Sch. B, s. 87.

323(5)      [Repealed] S.M. 2005, c. 37, Sch. B, s. 79.

Supervision of officials

323(6)      The officers appointed pursuant to this section are under the direction and control of the minister or, with respect to such duties as may be specified in the order in council, such other member of the Executive Council as the Lieutenant Governor in Council, by order in council, directs; and their salaries, allowances, and expenses, are payable out of moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Personal liability of officials limited

323(7)      No person appointed under subsection (1), nor any person acting under the instructions of any of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by him or her pursuant to, or in the exercise or supposed exercise of, the powers given to him or her under this Act or the regulations.

S.M. 1987-88, c. 23, s. 25; S.M. 1988-89, c. 14, s. 19; S.M. 1997, c. 37, s. 37; S.M. 2004, c. 30, s. 39; S.M. 2005, c. 37, Sch. B, s. 79 and 87.

Delegation of authority to register

323.1(1)    The registrar may

(a) authorize any person to register motor vehicles and trailers and to issue registration cards, permits, number plates, licences, validation stickers and registration class stickers;

(b) define the duties and powers of those persons; and

(c) when the salary is not otherwise provided, fix the fee to be paid to each person so authorized for each registration card, permit, number plate or set of number plates, licence, validation sticker or registration class sticker issued by that person.

Payment for lost plates, etc.

323.1(2)    If a person authorized under subsection (1) loses or is otherwise unable to account for a registration card, permit, number plate or set of number plates, licence, validation sticker or registration class sticker that was furnished to the person by the registrar, the registrar may assess the person in respect of any of those items that is lost or unaccounted for an amount that the registrar considers reasonable and just and that amount is a debt due to the Crown, and the registrar may set off that amount against any fee payable to that person under subsection (1).

S.M. 1994, c. 4, s. 31; S.M. 1997, c. 37, s. 38; S.M. 2001, c. 7, s. 27; S.M. 2005, c. 37, Sch. B, s. 80.

Certificate of registrar as proof

324(1)      A certificate purporting to be signed by the registrar and certifying as to any matter of record in his office is admissible in evidence in any action or proceedings in any court, or in any matter before any board, commission, or other body, as prima facie proof of the matter therein certified, without proof of the signature of the registrar.

Signature of registrar

324(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 was indicated on that document.

S.M. 1994, c. 4, s. 32.

Reproduced signature of former registrar

324.1       The signature of the registrar that is engraved, lithographed, printed or electronically or otherwise reproduced on a licence, permit, notice, certificate or other document is for all purposes the signature of the registrar notwithstanding that the person whose signature is so reproduced no longer holds the office of registrar.

S.M. 1997, c. 37, s. 39.

Authority to act for minister

325         The minister may authorize any employee of the department over which the minister presides to perform and exercise in the minister's place any of the duties imposed or powers conferred on the minister by this Act, The Off-Road Vehicles Act or the regulations under either of those Acts.

S.M. 2005, c. 37, Sch. B, s. 81.

Designation of designated person

325.1       The Minister of Justice may designate one or more employees of the Department of Justice to act as a designated person for the purposes of any or all of sections 242.1 to 242.4.

S.M. 2004, c. 11, s. 14.

TRANSPORT BOARD

Establishment of transport board

326(1)      There is hereby established a board which shall be known as: "The Motor Transport Board".

Composition of transport board

326(2)      The transport board shall be composed of 3 or more persons appointed by order of the Lieutenant Governor in Council; and each member shall hold office for such term as may be fixed in the order appointing him, and thereafter until his successor is appointed.

Chairman

326(3)      The Lieutenant Governor in Council shall, by order in council, appoint one of the members of the transport board to be the chairman thereof.

Vice-chairman, etc.

326(4)      The Lieutenant Governor in Council may, by order in council, appoint one or more of the members of the transport board

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof for such period or periods, or without limitation as to time, as may be stated in the order in council appointing him;

to act, in either case, as chairman on the request of the chairman or the minister or during the illness or absence of the chairman or during his inability, from any cause, to discharge his duties.

Members to devote time as directed

326(5)      The chairman and such other members of the transport board as may be designated by order of the Lieutenant Governor in Council shall devote such part of their time to their duties under this Act as may be directed by order of the Lieutenant Governor in Council.

Quorum

326(6)      Three members thereof constitute a quorum of the transport board.

Completion of meeting where member dies, etc.

326(7)      Where a quorum exists at the commencement of a hearing by the transport board, and thereafter a member thereof dies, resigns or for any reason becomes incapable of acting, the remaining members may complete the hearing or any adjournment thereof; and any decision with respect to that hearing made by a majority of the remaining members shall be deemed to be a decision of the board as if a quorum had been present.

Divisions of board

326(8)      The transport board may sit in two divisions if a quorum of three members is present.

Powers of divisions

326(9)      Each division of the transport board has all the powers and authority, and may discharge any of the duties, of the whole board.

Majority decisions

326(10)     The decision of a majority of the members present at a sitting of the whole transport board, or of a division thereof, is the decision of the transport board.

Holding of joint meetings

326(11)     Notwithstanding any other provision of the Act, where the board decides to hold a hearing jointly with a board of another jurisdiction the board may designate and empower one of its members to hear an application for authority to operate a public service vehicle jointly with a member or members of another jurisdiction or jurisdictions and in all such cases the decision of the single member shall be deemed to be a decision of the board.

Additional powers of transport board

326(12)     For the purpose of making inquiries, hearing applications or complaints, and otherwise for carrying on and discharging its duties under this Act or any other Act of the Legislature, the transport board and, subject as herein provided, members thereof have the powers of commissioners appointed under Part V of The Manitoba Evidence Act; and that Part with the exception of sections 85, 86, 93, and 96 thereof apply to the transport board.

Exemption from personal liability

326(13)     The members of the transport board are not personally liable for any loss, injury or damage suffered by any person by reason of anything done or omitted to be done by them, in good faith, in the performance of their duties under this Act or the regulations.

Inquiries by single members

326(14)     The transport board, or the chairman thereof, may authorize a member thereof to make inquiry and to report to the board upon any question or matter arising in connection with the business of the board; and that member, when so authorized, has all the powers of the transport board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the transport board or otherwise deal with it in the discretion of the board.

Hearing of applications, etc., by single members

326(15)     A single member of the transport board may hear an application, complaint, or other matter over which the board has jurisdiction under this Act or any other Act of the Legislature, other than an appeal under subsection 322.1(5); and, after the hearing, the member shall report thereon fully to the transport board with his recommendations, if any, and the board may thereupon deal with the application, complaint, or other matter, as if the hearing had been before the full transport board.

326(16)     [Repealed] S.M. 2013, c. 39, Sch. A, s. 61.

Rules of procedure

326(17)     The transport board may make rules not inconsistent with any Act or law to regulate its procedure.

Payment of expenses

326(18)     The Minister of Finance shall repay to each of the members of the transport board the amount of the reasonable out-of-pocket expenses that are necessarily incurred by him in discharging his duties as a member of the board and are approved by the Minister of Finance.

Salaries and remuneration

326(19)     The Minister of Finance, if so directed by order of the Lieutenant Governor in Council, shall pay to each member of the transport board, as remuneration for his services as a member, such amount, if any, as is fixed by order of the Lieutenant Governor in Council; and each member of the transport board who devotes his whole time to his duties as a member of the board shall be paid such salary as is fixed by order of the Lieutenant Governor in Council.

Experts

326(20)     The Lieutenant Governor in Council may, with or without the recommendation of the transport board, appoint one or more experts, or persons having technical or special knowledge of the matter in question, to inquire into and report to the transport board and to assist it in an advisory capacity in respect of any matter before it.

Assistance from government departments

326(21)     For the purpose of any inquiry or examination conducted by it or in the performance of any of the other duties assigned to it under this or any other Act of the Legislature or by order of the Lieutenant Governor in Council, the transport board may, with the consent of the minister in charge of a department of the Government of Manitoba, avail itself of the services of any officer or other employee of that department.

Payment of experts, etc.

326(22)     Wherever the Lieutenant Governor in Council or the transport board, acting within its jurisdiction, appoints or directs any person, other than a member or one of the staff of the transport board, to perform any service under or required by this Act, that person and such experts and other persons as may be appointed under subsection (20) shall be paid out of the Consolidated Fund such sum for services and expenses as the Lieutenant Governor in Council may, upon the recommendation of the transport board, determine.

S.M. 1991-92, c. 41, s. 33; S.M. 1999, c. 13, s. 14; S.M. 2013, c. 39, Sch. A, s. 61.

Inspection at regular intervals

327         The minister may require vehicles of a prescribed class or type to be inspected at regular intervals as provided in the regulations.  This section does not apply to a truck or trailer that has a registered gross vehicle weight of 4,500 kg or less or to a passenger car.

S.M. 1986-87, c. 14, s. 52 and 53; S.M. 1987-88, c. 23, s. 26 to 28; S.M. 1989-90, c. 56, s. 47; S.M. 1991-92, c. 25, s. 65; S.M. 1994, c. 4, s. 33; S.M. 1997, c. 37, s. 40; S.M. 2005, c. 37, Sch. B, s. 82.

328         [Repealed]

S.M. 1987-88, c. 23, s. 29.

DECLARATIONS AND AFFIDAVITS

Taking of declarations or affidavits

329         Declarations or affidavits required for any purpose under this Act may be taken before any person having authority to administer oaths or before any person specially authorized for that purpose by the Lieutenant Governor in Council; but any person so specially authorized shall not charge any fee therefor.

Method of giving notice

330         Where, under this Act, notice of anything is required or authorized to be given to any person, the notice shall be in writing, and, unless otherwise specifically provided herein, the person required or authorized to give it shall do so by serving a copy thereof on the person to whom the notice is required or authorized to be given, or by mailing the copy to that person, by registered mail, addressed to him at his address last known to the person giving the notice.

CHARGES FOR SERVICES

Persons must pay charge to obtain services

331(1)      Despite any other provision of this Act requiring the payment of a fee, a person who applies for, requests or obtains a service under this Act, The Drivers and Vehicles Act or a regulation under either Act must pay

(a) the charge for the service that is specified in the regulations under this Act; or

(b) if a method of calculating the charge is specified in the regulations under this Act, the charge calculated in accordance with it.

Services covered by subsection (1)

331(2)      Subsection (1) applies to all services available under this Act, The Drivers and Vehicles Act or a regulation under either Act, including, but not limited to,

(a) drivers' licences, and renewing, replacing and reinstating drivers' licences;

(b) vehicle registrations and replacements of registration cards, registration permits and number plates;

(c) permits authorizing the operation of overweight or overdimensional vehicles, public service vehicles, commercial trucks or specially equipped vehicles;

(d) permits for driver training schools, driving instructors, dealers, salespersons or recyclers;

(e) vehicle inspections and inspection certificates; and

(f) identification cards under Part 8.1 of The Drivers and Vehicles Act, and renewing, replacing and reinstating those identification cards.

Regulations respecting charges

331(3)      The Lieutenant Governor in Council may make regulations

(a) specifying the charge that a person must pay to apply for, request or obtain a licence, permit, registration or other service, or the method of calculating the charge;

(b) specifying when and to whom charges for specific services must be paid;

(c) specifying certain charges that are not refundable and the circumstances in which each of them is not refundable;

(d) specifying certain services that must be provided without charge to specified persons for specified purposes.

Charges may exceed cost of services

331(4)      A charge specified by, or calculated in accordance with, a regulation under this section or another provision of this Act may,

(a) if the service is provided by the government, exceed the cost to the government of providing the service; and

(b) if the service is provided by another person, exceed the cost to the person of providing the service.

Minister may waive charges

331(5)      The minister may waive any charge payable under this Act, The Drivers and Vehicles Act or a regulation under either Act if the minister 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.

Minister may delegate authority to waive

331(6)      The minister may delegate to a person employed by The Manitoba Public Insurance Corporation the authority under subsection (5) to waive any charge payable in respect of a driver's licence, vehicle registration, permit or identification card, or in respect of another service relating to such licences, registrations, permits or cards.

S.M. 1999, c. 13, s. 15; S.M. 2005, c. 37, Sch. B, s. 83; S.M. 2008, c. 36, s. 46.

INTERNATIONAL DRIVING PERMIT

International driving permit

332(1)      The minister may authorize any person or association to issue, to a person holding a valid driver's licence, an International Driving Permit within the meaning of the United Nations 1949 Convention on Road Traffic.

Terms of authority to issue

332(2)      The authorization of the minister referred to in subsection (1) shall be in accordance with the terms of the said convention and may be granted subject to such other terms and conditions as the minister deems appropriate.

S.M. 2005, c. 37, Sch. B, s. 84.

333         [Repealed]

S.M. 1994, c. 4, s. 34.

334 to 334.2  [Repealed]

S.M. 1989-90, c. 56, s. 48; S.M. 2001, c. 7, s. 28; S.M. 2002, c. 7, s. 6; S.M. 2008, c. 36, s. 47.

Reference in Continuing Consolidation

335         This Act may be referred to as chapter H60 of the Continuing Consolidation of the Statutes of Manitoba.

Repeal

336         The following Acts and parts of Acts are repealed:

(1) The Highway Traffic Act, being chapter H60 of the Revised Statutes.

(2) An Act to amend The Highway Traffic Act, being chapter 12 of the Statutes of Manitoba, 1970.

(3) An Act to amend The Highway Traffic Act (2), being chapter 70 of the Statutes of Manitoba, 1970.

(4) An Act to amend The Highway Traffic Act (1), being chapter 24 of the Statutes of Manitoba, 1971.

(5) An Act to amend The Highway Traffic Act (2), being chapter 71 of the Statutes of Manitoba, 1971.

(6) Section 58 of The Statute Law Amendment Act, 1971, being chapter 82 of the Statutes of Manitoba, 1971.

(7) An Act to amend The Highway Traffic Act, being chapter 79 of the Statutes of Manitoba, 1972.

(8) An Act to amend The Highway Traffic Act (1), being chapter 4 of the Statutes of Manitoba, 1973.

(9) An Act to amend The Highway Traffic Act, being chapter 20 of the Statutes of Manitoba, 1974.

(10) An Act to amend The Highway Traffic Act (2), being chapter 61 of the Statutes of Manitoba, 1974.

(11) Section 23 of The Statute Law Amendment Act (1975), being chapter 42 of the Statutes of Manitoba, 1975.

(12) An Act to amend The Highway Traffic Act, being chapter 26 of the Statutes of Manitoba, 1976.

(13) An Act to amend The Highway Traffic Act (2), being chapter 62 of the Statutes of Manitoba, 1976.

(14) Section 24 of The Statute Law Amendment Act (1976), being chapter 69 of The Statutes of Manitoba, 1976.

(15) An Act to amend The Highway Traffic Act, being chapter 19 of the Statutes of Manitoba, 1977.

(16) An Act to amend The Highway Traffic Act (2), being chapter 32 of the Statutes of Manitoba1977.

(17) An Act to amend The Highway Traffic Act (3), being chapter 34 of the Statutes of Manitoba, 1977.

(18) An Act to amend The Highway Traffic Act (4), being chapter 49 of the Statutes of Manitoba, 1977.

(19) Section 18 of The Statute Law Amendment Act (1977), being chapter 57 of the Statutes of Manitoba, 1977.

(20) Section 5 of The Statute Law Amendment Act (1977) (2), being chapter 61 of the Statutes of Manitoba, 1977.

(21) An Act to amend The Highway Traffic Act, being chapter 4 of the Statutes of Manitoba, 1978.

(22) An Act to amend The Highway Traffic Act (2), being chapter 22 of the Statutes of Manitoba, 1978.

(23) An Act to amend The Highway Traffic Act (3), being chapter 23 of the Statutes of Manitoba1978.

(24) Sections 52, 123, 125 and 127 of The Statute Law Amendment Act (1978), being chapter 49 of the Statutes of Manitoba, 1978.

(25) An Act to amend The Highway Traffic Act, being chapter 15 of the Statutes of Manitoba, 1979.

(26) An Act to amend The Highway Traffic Act (2), being chapter 29 of the Statutes of Manitoba, 1979.

(27) Section 7 of The Statute Law Amendment Act (1979) (2), being chapter 49 of the Statutes of Manitoba, 1979.

(28) Section 1 of An Act to amend The Highway Traffic Act and The Tortfeasors and Contributory Negligence Act, being chapter 19 of the Statutes of Manitoba, 1980.

(29) An Act to amend The Highway Traffic Act, being chapter 36 of the Statutes of Manitoba, 1980.

(30) An Act to amend The Highway Traffic Act (2), being chapter 74 of the Statutes of Manitoba, 1980.

(31) An Act to amend The Highway Traffic Act, being chapter 18 of the Statutes of Manitoba, 1980-81.

(32) An Act to amend The Highway Traffic Act (2), being chapter 19 of the Statutes of Manitoba, 1980-81.

(33) Section 7 of The Statute Law Amendment Act (1981) (2), being chapter 38 of the Statutes of Manitoba, 1980-81.

(34) An Act to amend The Highway Traffic Act, being chapter 30 of the Statutes of Manitoba, 1982.

(35) Section 11 of The Statute Law Amendment Act (1982), being chapter 51 of the Statutes of Manitoba, 1982.

(36) An Act to amend The Highway Traffic Act, being chapter 10 of the Statutes of Manitoba, 1982-83-84.

(37) An Act to amend The Highway Traffic Act (2), being chapter 51 of the Statutes of Manitoba, 1982-83-84.

(38) Section 21 of An Act to amend Various Acts of the Legislature to facilitate the Reorganization and Expansion of the Court of Queen's Bench, being chapter 85 of the Statutes of Manitoba1982-83-84.

(39) An Act to amend The Highway Traffic Act, being chapter 6 of the Statutes of Manitoba, 1984.

Commencement of Act

337         This Act comes into force on the day it receives the royal assent.