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The Highway Traffic Act
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This version is current as of September 18, 2019.
It has been in effect since June 3, 2019.

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C.C.S.M. c. H60 The Highway Traffic Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

SM 1985-86, c. 3
Amended by
SM 1985-86, c. 12

• s. 3, 6, 7, 15, 16, 18, 19 and 20

– in force: 10 Jan 1987 (Man. Gaz.: 3 Jan 1987)

• s. 17

– not proclaimed, but repealed by SM 1986-87, c. 14, s. 54

SM 1985-86, c. 13

• s. 1 and 6

– not proclaimed, but repealed by SM 1998, c. 26, s. 6

• s. 2 to 5, 7, and 10 to 14

– in force: 30 Sep 1985 (Man. Gaz.: 28 Sep 1985)

• s. 8 and 9

– in force: 15 Feb 1987 (Man. Gaz.: 21 Feb 1987)

SM 1986-87, c. 14
SM 1987-88, c. 19, s. 2
SM 1987-88, c. 23

• s. 29, which repeals s. 328

– in force: 1 Oct 1988 (Man. Gaz.: 1 Oct 1988)

SM 1987-88, c. 44, s. 11
SM 1987-88, c. 61
(am. by SM 1994, c. 4, s. 35)

• not proclaimed, but repealed by SM 2015, c. 43, s. 22

SM 1988-89, c. 13, s. 16
SM 1988-89, c. 14

• s. 2(d), 12, 15, 16(1), (3), (5) and (7) and 18

– in force: 1 Jul 1989 (Man. Gaz.: 8 Jul 1989)

SM 1989-90, c. 4

• s. 2, 8 to 11 and 13 to 15

– in force: 1 Nov 1989 (Man. Gaz.: 4 Nov 1989)

SM 1989-90, c. 7
SM 1989-90, c. 55

• in force: 2 Jan 1991 (Man. Gaz.: 10 Nov 1990)

SM 1989-90, c. 56

• s. 29 and 46(2)

– in force: 1 Jun 1993 (Man. Gaz.: 22 May 1993)

SM 1991-92, c. 23

• in force: 1 Dec 1991 (Man. Gaz.: 23 Nov 1991)

SM 1991-92, c. 24
SM 1991-92, c. 25

• s. 3, 5, 6 and 8 to 16; s. 20 insofar as it enacts s. 26(1)(b); and s. 21, 41, 45, 53, 54, 63 and 64

– not proclaimed, but repealed by SM 1997, c. 37, s. 41

• s. 40

– in force: 1 Jan 1992 (Man. Gaz.: 23 Nov 1991)

SM 1991-92, c. 41, s. 33
SM 1992, c. 12
SM 1992, c. 58, s. 11
SM 1993, c. 23, s. 20

• in force: 1 Oct 1998 (Man. Gaz.: 26 Sep 1998)

SM 1993, c. 35
(am. by SM 1994, c. 4, s. 38)
SM 1993, c. 40, s. 47

• in force: 6 Nov 1993 (Man. Gaz.: 6 Nov 1993)

SM 1993, c. 42, s. 7
SM 1993, c. 47, s. 8

• in force: 1 Nov 1993 (Man. Gaz.: 23 Oct 1993)

SM 1993, c. 48, s. 68
SM 1994, c. 4
(am. by SM 1995, c. 31, s. 16; and SM 1995, c. 33, s. 11)
SM 1994, c. 25

• in force: 1 Dec 1994 (Man. Gaz.: 10 Dec 1994)

SM 1995, c. 3, s. 28 to 30

• in force: 31 Dec 1995 (Man. Gaz.: 16 Dec 1995)

SM 1995, c. 19
SM 1995, c. 31

• s. 1, 2 and 6 to 15

– in force: 15 Mar 1996 (Man. Gaz.: 16 Mar 1996)

SM 1995, c. 33, s. 10
SM 1996, c. 19

• in force: 1 Sep 1997 (Man. Gaz.: 26 Jul 1997)

SM 1996, c. 26
SM 1996, c. 58, s. 455

• in force: 1 Jan 1997 (Man. Gaz.: 21 Dec 1996)

SM 1996, c. 79, s. 32

• in force: 7 Jan 1997 (Man. Gaz.: 18 Jan 1997)

SM 1997, c. 28, s. 13
SM 1997, c. 31, s. 27

• in force: 1 Apr 1998 (Man. Gaz.: 21 Mar 1998)

SM 1997, c. 37

• s. 28 insofar as it enacts the definition "charter trip"; s. 29(2) insofar as it enacts s. 281(1.4); s. 30(1) insofar as it enacts s. 290(2.1.1); s. 30(2) insofar as it enacts s. 290(3.5); s. 31 insofar as it enacts s. 290.3; s. 32 insofar as it enacts s. 294(4) (as amended by SM 2012, c. 7, s. 13); and s. 33(2) insofar as it enacts s. 300(4.2)

– not proclaimed, but repealed by SM 2018, c. 10, Sch. B, s. 131

SM 1997, c. 38

• all except s. 4

– in force: 1 Apr 1998 (Man. Gaz.: 28 Mar 1998)

• s. 4

– in force: 1 Sep 1997 (Man. Gaz.: 6 Sep 1997)

SM 1997, c. 42, s. 22

• not proclaimed, but repealed by SM 2005, c. 8, s. 23

SM 1997, c. 54, s. 2
SM 1997, c. 57, s. 1

• s. 1(2) and (3); s. 1(4) insofar as it enacts s. 229.1; and s. 1(5) and (6)

– not proclaimed, but repealed by SM 2002, c. 1, s. 22

• s. 1(4) insofar as it replaces s. 229

– in force: 1 Sep 1999 (Man. Gaz.: 14 Aug 1999)

SM 1998, c. 26
SM 1998, c. 40

• in force: 1 Mar 1999 (Man. Gaz.: 6 Mar 1999)

SM 1998, c. 41, s. 30
(am. by SM 1999, c. 12, s. 26)

• in force: 30 Sep 1999 (Man. Gaz.: 17 Jul 1999)

SM 1999, c. 12, Part 1
(am. by SM 1999, c. 35, s. 8)

• s. 2 to 12 and 22 to 24

– in force: 1 Dec 1999 (Man. Gaz.: 30 Oct 1999)

• s. 26

– not proclaimed, but repealed by SM 2000, c. 35, s. 9

SM 1999, c. 13
SM 1999, c. 35

• in force: 1 Dec 1999 (Man. Gaz.: 30 Oct 1999)

SM 1999, c. 43, s. 1 and 2
(s. 1 am. by SM 2000, c. 35, s. 10)

• in force: 1 Apr 2000 (Man. Gaz.: 1 Apr 2000)

SM 2000, c. 6, s. 20
SM 2000, c. 34

• in force: 1 Dec 2000 (Man. Gaz.: 16 Dec 2000)

SM 2000, c. 35, s. 50
SM 2001, c. 7

• s. 1, 2(a) and (b), 3, 4(1) to (4) and 5; s. 7 insofar as it enacts s. 26.4; s. 10(3) to (5), 14, 15, 19, 20, 21 and 26(2); and s. 27, 28 and s. 29 (as amended by SM 2002, c. 40, s. 41)

– in force: 1 Jan 2003 (Man. Gaz.: 4 Jan 2003)

• s. 2(c) and 6; s. 7 insofar as it enacts s. 26.3; and s. 8 and 9, 10(1) and (2), 11, 12, 13, 16, 17, 18, 22, 23, 24, 25 and 26(1)

– in force: 1 Oct 2001 (Man. Gaz.: 29 Sep 2001)

• s. 4(5)

– in force: 15 Jul 2010 (Man. Gaz.: 3 Jul 2010)

• s. 7 insofar as it enacts s. 26.2

– in force: 1 Apr 2002 (Man. Gaz.: 6 Apr 2002)

SM 2001, c. 19

• s. 4, 18, 25, 28 and 29

– in force: 1 Nov 2003 (Man. Gaz.: 27 Sep 2003)

• s. 6 and 41(1)(a) and (o)

– in force: 1 Jan 2003 (Man. Gaz.: 4 Jan 2003)

• s. 7 to 12, 17, 19 to 22, 24 and 26 and 41(1)(b) to (n)

– not proclaimed, but repealed by SM 2018, c. 10, Sch. B, s. 131

SM 2001, c. 29

• s. 6; s. 10(2) insofar as it enacts s. 279(2.1) and (2.4); and s. 10(3) and (4), 11 and 12

– in force: 1 Dec 2003 (Man. Gaz.: 13 Dec 2003)

• s. 7 (as amended by SM 2002, c. 40, s. 42)

– in force: 2 Dec 2002 (Man. Gaz.: 7 Dec 2002)

• s. 10(2) insofar as it enacts s. 279(2.2) and (2.3)

– not proclaimed, but repealed by SM 2005, c. 37, Sch. B, s. 85

• remainder of Act

– in force: 1 Dec 2001 (Man. Gaz.: 1 Dec 2001)

SM 2001, c. 39, s. 31

• in force: 1 May 2002 (Man. Gaz.: 18 May 2002)

SM 2001, c. 43, s. 44
SM 2002, c. 1, Part 1

• in force: 1 Jan 2003 (Man. Gaz.: 28 Dec 2002)

SM 2002, c. 7, Part 2
SM 2002, c. 24, s. 29
SM 2002, c. 26, s. 14
SM 2002, c. 39, s. 535
SM 2002, c. 40
(am. by SM 2004, c. 30, s. 40)

• s. 36, 37(d), 38 and 39

– in force: 1 Jul 2003 (Man. Gaz.: 12 Jul 2003)

• s. 37(e) and s. 40

– not proclaimed, but repealed by SM 2011, c. 35, s. 19

SM 2002, c. 48, s. 9

• in force: 30 Jun 2004 (Man. Gaz.: 29 May 2004)

SM 2004, c. 8, Part 2
SM 2004, c. 11

• s. 1; s. 2 insofar as it enacts the definition "race"; and s. 7, 8, 13 and 14

– in force: 10 Aug 2004 (Man. Gaz.: 14 Aug 2004)

• s. 2 insofar as it enacts the definition "field sobriety"; and s. 3 to 6 and 9 to 12

– in force: 18 Dec 2004 (Man. Gaz.: 18 Dec 2004)

SM 2004, c. 13, s. 16

• in force: 31 Oct 2005 (Man. Gaz.: 23 Apr 2005)

SM 2004, c. 30

• s. 10, 11, 18, 25, 27 and 30

– in force: 1 Jul 2005 (Man. Gaz.: 9 Jul 2005)

• s. 14 and 15

– in force: 1 Oct 2012 (Man. Gaz.: 13 Oct 2012)

• s. 22

– not proclaimed, but repealed by SM 2012, c. 40, s. 26

SM 2005, c. 8, s. 17

• in force: 29 May 2006 (Man. Gaz.: 3 Jun 2006)

SM 2005, c. 31

• s. 1 to 3 and 6(1)(a) and (b)

– in force: 1 Jul 2005 (Man. Gaz.: 9 Jul 2005)

• s. 4

– in force: 15 Dec 2005 (Man. Gaz.: 24 Dec 2005)

• s. 5 and 6(1)(c), (2) and (3)

– in force: 25 May 2006 (Man. Gaz.: 27 May 2006)

SM 2005, c. 37, Sch. B
(am. by SM 2008, c. 42, s. 25)

• all except s. 17(5), 26(2), 29, 30, 55, 62(a), 63, 66(1) and (2), 75(1)(d), (f), (g), (i) and (l), 77, 79(4), 80, 83, 85 and 86

– in force: 1 Mar 2006 (Man. Gaz.: 11 Mar 2006)

SM 2005, c. 56

• all except s. 2

– in force: 16 Dec 2006 (Man. Gaz.: 16 Dec 2006)

• s. 2

– not proclaimed, but repealed by SM 2011, c. 35, s. 20

SM 2008, c. 3, Part 3
SM 2008, c. 5
SM 2008, c. 15
SM 2008, c. 17, s. 22
SM 2008, c. 36, Part 2 and s. 58

• s. 45 and 46

– in force: 19 Jan 2009 (Man. Gaz.: 31 Jan 2009)

• s. 37 to 44, 47 and 58

– in force: 1 Sep 2009 (Man. Gaz.: 25 Apr 2009)

SM 2008, c. 42, s. 47
SM 2009, c. 6

• in force: 15 Jul 2010 (Man. Gaz.: 3 Jul 2010)

SM 2009, c. 9, Part 1
SM 2010, c. 6

• in force: 1 Dec 2010 (Man. Gaz.: 4 Dec 2010)

SM 2010, c. 7

• in force: 18 Jul 2011 (Man. Gaz.: 9 Jul 2011)

SM 2010, c. 19
SM 2010, c. 52, Part 1

• in force: 15 Aug 2011 (Man. Gaz.: 2 Jul 2011)

SM 2011, c. 8
SM 2011, c. 27

• in force: 10 Oct 2011 (Man. Gaz.: 10 Sep 2011)

SM 2011, c. 39, Part 2
(am. by SM 2012, c. 40, s. 20)

• in force: 1 Jun 2014 (proc: 28 May 2014)

SM 2012, c. 5

• in force: 15 Sep 2013 (Man. Gaz.: 28 Sep 2013)

SM 2012, c. 7
SM 2012, c. 10

• in force: 8 Aug 2013 (Man. Gaz.: 13 Jul 2013)

SM 2012, c. 24

• in force: 15 Dec 2012 (Man. Gaz.: 29 Dec 2012)

SM 2012, c. 34

• in force: 1 May 2014 (Man. Gaz.: 10 May 2014)

SM 2012, c. 39, Part 1

• in force: 1 May 2013 (Man. Gaz.: 13 Apr 2013)

SM 2012, c. 40, s. 25 and 60
SM 2013, c. 4

• s. 3

– in force: 12 Sep 2014 (proc: 12 Aug 2014)

SM 2013, c. 7

• in force: 15 Feb 2014 (Man. Gaz.: 22 Feb 2014)

SM 2013, c. 8

• in force: 15 May 2014 (proc: 14 May 2014)

SM 2013, c. 21

• in force: 16 May 2014 (Man. Gaz.: 10 May 2014)

SM 2013, c. 24

• in force: 1 Oct 2014 (proc: 23 Sep 2014)

SM 2013, c. 39, Sch. A, s. 61

• in force: 1 May 2014 (Man. Gaz.: 3 May 2014)

SM 2013, c. 41

• not proclaimed, but repealed by SM 2018, c. 10, Sch. B, s. 131

SM 2013, c. 47, Sch. A, s. 127

• in force: 20 Nov 2017 (proc: 14 Aug 2017)

SM 2013, c. 49
(am. by SM 2015, c. 43, s. 23)

• in force: 1 Sep 2015 (proc: 17 Jun 2015)

SM 2013, c. 50

• all except s. 5

– in force: 1 Dec 2014 (proc: 24 Nov 2014)

• s. 5

– in force: 1 Dec 2015 (proc: 26 Nov 2015)

SM 2013, c. 51, Sch. B, s. 193

• in force: 1 Apr 2014 (Man. Gaz.: 29 Mar 2014)

SM 2013, c. 54, s. 42
SM 2014, c. 23

• in force: 1 Dec 2014 (proc: 27 Nov 2014)

SM 2014, c. 32, s. 12 and 33
SM 2015, c. 36, s. 17

• in force: 1 Oct 2017 (proc: 1 Sep 2017)

SM 2015, c. 39, Part 2

• in force: 1 Dec 2015 (proc: 26 Nov 2015)

SM 2015, c. 43, s. 21
SM 2017, c. 13, s. 15

• not yet proclaimed

SM 2017, c. 22, Part 3 and s. 32

• Part 3

– in force: 1 Dec 2017 (proc: 28 Nov 2017)

SM 2017, c. 26, s. 15
SM 2017, c. 36, s. 15
SM 2018, c. 9, s. 45

• in force: 17 Oct 2018 (proc: 5 Oct 2018)

SM 2018, c. 10, Sch. B

• in force: 1 Mar 2019 (proc: 8 Dec 2018)

SM 2018, c. 12, Part 2

• all except s. 9 and 10

– in force: 1 Nov 2018 (proc: 13 Oct 2018)

SM 2018, c. 19, s. 2 and 8
SM 2018, c. 29, s. 17
SM 2018, c. 36
SM 2019, c. 5, s. 15
SM 2019, c. 6

• comes into force: 16 Dec 2019 (proc: 22 Jul 2019)

 

C.C.S.M. c. H60

The Highway Traffic Act

File 1: s. 1 to 240 (Parts 1 to 6)
File 2: s. 241 to 337 (Parts 7 to 10)

PART VII

ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES

DIVISION I

ENFORCEMENT PROVISIONS

241         [Repealed]

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; S.M. 2017, c. 22, s. 11; S.M. 2018, c. 10, Sch. B, s. 82.

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 vehicle and equipment standards for the motor vehicle set out in the regulations.

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; S.M. 2018, c. 10, Sch. B, s. 83.

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 320.18(1) (operation while prohibited) 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 equalled or exceeded 80 mg of alcohol in 100 mL of blood;

(b.1) based on an analysis of the blood of a person who was operating the vehicle or had care or control of it, that the person had consumed drugs, or alcohol and drugs, in such a quantity that the concentration of drugs, or alcohol and drugs, in the person's blood equalled or exceeded the limit prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)(c) or (d) of that Code;

(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 320.27, 320.28 or 320.29 of the Criminal Code;

(d) that, after a demand from a peace officer under paragraph 320.27(1)(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 paragraph 320.28(2)(a) 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 section 319;

(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 equal to or over .08) and the concentration of alcohol is 160 mg or less in 100 mL of blood, 30 days;

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

(c.1) when the seizure is under clause (1.1)(b.1) (blood drug, or alcohol and drug, concentration equal to or over legal limit), 30 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 equal to or over .08) and the concentration of alcohol is 160 mg or less in 100 mL 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 equal to or over .08) and the concentration of alcohol is more than 160 mg in 100 mL 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;

(c.1) when the seizure is under clause (1.1)(b.1) (blood drug, or alcohol and drug, concentration equal to or over legal limit),

(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;

(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 mg in 100 mL 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).

Transitional re previous seizures

242.1(7.1.4) For the purposes of subsections (7.1.1) and (7.1.2), a seizure under subsection (1.1) as it read immediately before the coming into force of this subsection is to be included when determining whether a seizure is a second or subsequent seizure.

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; S.M. 2018, c. 10, Sch. B, s. 84; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 36, 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 320.13(2) (dangerous operation causing bodily harm);

(e) subsection 320.13(3) (dangerous operation causing death);

(f) subsection 320.14(2) (operation while impaired causing bodily harm);

(g) subsection 320.14(3) (operation while impaired causing death);

(h) subsection 320.15(2) (failure or refusal to comply with demand — accident resulting in bodily harm);

(i) subsection 320.15(3) (failure or refusal to comply with demand — accident resulting in death).

Liability of vehicle to forfeiture for third or subsequent offence

242.3(3)    A motor vehicle is liable to be forfeited to the government on the commission of an offence if both of the following conditions are met:

(a) the offence is committed by means of, or in relation to, the motor vehicle under one or more of the following provisions of the Criminal Code:

(i) subsection 320.13(1) (dangerous operation),

(ii) paragraph 320.14(1)(a), (b), (c) or (d) (operation while impaired),

(iii) subsection 320.15(1) (failure or refusal to comply with demand),

(iv) subsection 320.16(1) (failure to stop after accident),

(v) section 320.17 (flight from peace officer),

(vi) subsection 320.18(1) (operation while prohibited);

(b) within five years before the commission of the offence, the alleged offender has committed two or more of the following:

(i) an offence listed in clause (a),

(ii) an offence listed in subsection (2),

(iii) an offence listed in this subsection or in subsection (2) as those provisions read immediately before the coming into force of this clause.

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 clause (3)(a) 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;

(a.1) sent to the e-mail address provided by the person to the sender for the delivery of notices under this Act;

(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; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 29, s. 17.

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 section 319;

(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; S.M. 2018, c. 10, Sch. B, s. 84.

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 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 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; S.M. 2018, c. 10, Sch. B, s. 85.

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 careless driving offence

250(1)      In describing an offence under subsection 95(2) 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), 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 imprudent driving offence

250(3)      In describing an offence under subsection 95(2), 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.

S.M. 2018, c. 10, Sch. B, s. 86.

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, 213.1, 213.2 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; S.M. 2017, c. 22, s. 12.

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 regulated 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 ticket, or on a page that shall then be attached to the information or ticket, 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; S.M. 2013, c. 47, Sch. A, s. 127; S.M. 2018, c. 10, Sch. B, s. 87.

EVIDENCE FROM MACHINES

Speed determined by speed-timing device

255(1)      In a prosecution for an offence under this Act where the speed of a motor vehicle is at issue, evidence of a peace officer — whether provided by oral testimony or by a certificate — stating

(a) that the officer determined the speed of the motor vehicle by means of an approved speed-timing device operated by the officer;

(b) that the officer conducted the test or tests required by the regulations on the speed-timing device, and the date and time they were conducted;

(c) that as a result of the test or tests conducted, the officer ascertained the speed-timing device to be in proper working order; and

(d) the speed of the vehicle determined by the officer;

is admissible in evidence and is conclusive proof of those facts, in the absence of evidence tending to show that the speed-timing device was malfunctioning or was operated improperly.

Limit on admissibility

255(2)      The evidence described in subsection (1) is admissible only if the test or tests conducted on the speed-timing device by the peace officer were conducted within the period of time before and after the alleged offence as set out in the regulations.

No need to prove authorization or signature

255(3)      There is no need to prove the authorization or signature of the peace officer who signed the certificate.

Limited right to require officer to attend

255(4)      The defendant is not entitled to require the peace officer who signed the certificate to attend to give evidence, unless the justice is satisfied that the officer's attendance is necessary for the matter to be decided fairly.

Decision as to attendance

255(5)      In deciding whether to require the peace officer to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the officer to attend.

Onus

255(6)      In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt.

Notice

255(7)      In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly.

Regulations

255(8)      The Minister of Justice may, by regulation,

(a) approve speed-timing devices for the purpose of this section;

(b) specify the test or tests for ascertaining that a speed-timing device is in proper working order and when testing must be conducted;

(c) prescribe a form of certificate for the purpose of this section.

Definition of "speed-timing device"

255(9)      In this section, "speed-timing device" does not include a speedometer or an 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; S.M. 2013, c. 47, Sch. A, s. 127.

Evidence of particulars of registration

255.1       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.

S.M. 2013, c. 47, Sch. A, c. 127.

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; S.M. 2013, c. 47, Sch. A, s. 127.

Image capturing enforcement system evidence

257.2(1)    In a proceeding commenced under The Provincial Offences Act (other than a proceeding commenced by an information) for an offence referred to in clause 257.1(1)(a), if a reproduction on paper of an image obtained through the use of an image capturing enforcement system

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

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

the reproduction and the information appended to it are admissible in evidence.

Use of reproduction, etc. at hearing

257.2(2)    The evidence referred to in subsection (1) is conclusive proof of the information shown or displayed on the reproduction or appended to it, in the absence of evidence tending to show that the image capturing enforcement system from which the reproduction was obtained was malfunctioning or was operated improperly.

Limit on use of reproduction, etc. at hearing

257.2(3)    Subsection (2) applies only if

(a) the image capturing enforcement system was tested as required by the regulations; and

(b) the testing was conducted within the period of time before or after the alleged offence, as set out in the regulations.

S.M. 2002, c. 1, s. 7; S.M. 2013, c. 47, Sch. A, s. 127; S.M. 2019, c. 5, s. 15.

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 systems.

Tester's certificate re image capturing system

257.3(2)    In order to prove the requirements set out in subsection 257.2(3), a copy of a certificate completed and signed by a tester appointed by the minister, stating

(a) that the image capturing enforcement system was tested in accordance with the regulations;

(b) the date and time of the testing; and

(c) that as a result of the testing conducted, the tester ascertained the system to be in proper working order;

is admissible in evidence and is conclusive proof of the facts stated in the certificate in the absence of evidence to the contrary.

No need to prove tester's signature or appointment

257.3(3)    There is no need to prove the signature or appointment of a tester who signs a certificate under this section.

Limited right to require tester to attend

257.3(4)    The defendant is not entitled to require a tester who signed a certificate to attend to give evidence, unless the justice is satisfied that the tester's attendance is necessary for the matter to be decided fairly.

Decision as to attendance

257.3(5)    In deciding whether to require a tester to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the tester to attend.

Onus

257.3(6)    In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt.

Notice

257.3(7)    In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly.

S.M. 2002, c. 1, s. 7; S.M. 2013, c. 47, Sch. A, s. 127.

Regulations

257.4       The Minister of Justice may make regulations

(a) for the purpose of sections 257.2 and 257.3, specifying a test or tests for ascertaining that an image capturing enforcement system is in proper working order and when testing must be conducted;

(b) prescribing a form of certificate for the purpose of subsection 257.3(2).

S.M. 2002, c. 1, s. 7; S.M. 2013, c. 47, Sch. A, s. 127.

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; or

(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;

(d) [repealed] S.M. 2018, c. 10, Sch. B, s. 88;

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; S.M. 2018, c. 10, Sch. B, s. 88.

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(2)(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; S.M. 2018, c. 10, Sch. B, s. 89.

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.

LICENCE SUSPENSION OR DISQUALIFICATION

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 in section 263.2.

"evaluation" means an evaluation within the meaning of section 320.28 of the Criminal Code consisting of the tests and following the procedures prescribed in the regulations made under section 320.38 of that Code. (« évaluation »)

"physical coordination test" has the same meaning as in section 320.27 of the Criminal Code. (« épreuve de coordination des mouvements »)

"prescribed amount", in respect of a drug or a combination of drugs or alcohol and drugs, means the amount prescribed for that drug or combination of drugs in the regulations made under section 320.38 of the Criminal Code. (« concentration réglementaire »)

Application of Criminal Code provisions

263.1(1.1)   The following terms have the same meaning in this section and section 263.2 as they have in section 320.11 of the Criminal Code:

(a) "approved drug screening equipment";

(b) "approved instrument";

(c) "approved screening device";

(d) "conveyance";

(e) "evaluating officer";

(f) "operate".

Grounds for suspension

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

(a) based on an analysis of the breath or blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of alcohol in the person's blood equals or exceeds 80 mg of alcohol in 100 mL of blood;

(b) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(c) of the Criminal Code;

(c) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of alcohol and drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(d) of the Criminal Code;

(d) a person who was operating a conveyance failed or refused to comply, without a reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code, or with the peace officer's instructions in respect of the demand;

(e) after a demand from the peace officer to perform a physical coordination test under paragraph 320.27(1)(a) of the Criminal Code, the peace officer believes that a person is unable to safely operate a conveyance based on the person's performance on the physical coordination test;

(f) after a demand from the peace officer under paragraph 320.27(1)(b) or subsection 320.27(2) of the Criminal Code, a person provides a sample of breath which, on analysis by an approved screening device, registers "Warn" or another word, letter or indication that the device is designed to register when calibrated as required under subsection (13);

(g) after a demand from the peace officer under paragraph 320.27(1)(c) or 320.28(4)(a) of the Criminal Code,

(i) a person provides a sample of a bodily substance,

(ii) the bodily substance is analyzed by means of approved drug screening equipment, and

(iii) the approved drug screening equipment detects the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code; or

(h) after a demand to submit to an evaluation under paragraph 320.28(2)(a) of the Criminal Code, the following criteria are met:

(i) the peace officer who takes the action under subsection (3) is the peace officer who either made the demand or conducted the evaluation, and

(ii) based on a person's performance on the evaluation, the peace officer believes that the person is unable to safely operate a conveyance.

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 320.32 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 any of clauses (2)(a) to (d), 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 any of clauses (2)(e) to (h) 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 or 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 any of clauses (2)(e) to (h), 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 must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's address as shown in the suspension and disqualification order;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

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 clause (2)(f), the person may request the peace officer to conduct an analysis of a sample of the person's breath with an approved instrument.

Request for second analysis — approved drug screening equipment

263.1(11.1)  When a peace officer serves a person with a suspension and disqualification order based on an approved drug screening equipment analysis referred to in clause (2)(g), the person may request the peace officer to conduct a second analysis with the same equipment.

Second analysis governs suspension and disqualification

263.1(12)    If a person makes a request for an analysis under subsection (11) or (11.1),

(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 clause (2)(f), 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 clause (2)(f) 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; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 29, s. 17; S.M. 2018, c. 36, s. 3.

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 320.32 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)    The issues before the registrar in a review under this section are the following:

(a) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(a), whether the person operated a conveyance having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood equalled or 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 clause 263.1(2)(b), whether the person operated a conveyance having consumed drugs in such a quantity that the concentration of drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 320.14(1)(c) of the Criminal Code;

(c) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(c), whether the person operated a conveyance having consumed alcohol and drugs in such a quantity that the concentration of alcohol and drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 320.14(1)(d) of the Criminal Code;

(d) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(d), whether the person who was operating the conveyance failed or refused to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code, or with the peace officer's instructions in respect of the demand;

(e) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(e), whether the peace officer who made the demand to perform a physical coordination test under paragraph 320.27(1)(a) of the Criminal Code had reason to believe, based on the person's performance on the physical coordination test, that the person was unable to safely operate a conveyance;

(f) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(f), whether the person operated a conveyance having consumed alcohol in such a quantity that its concentration in the person's blood equalled or exceeded 50 mg of alcohol in 100 mL of blood;

(g) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(g), whether

(i) the person operated a conveyance, and

(ii) approved drug screening equipment used to analyze a sample of a bodily substance of the person detected the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code;

(h) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(h), whether the peace officer who made the demand to submit to an evaluation under paragraph 320.28(2)(a) of the Criminal Code, or who conducted an evaluation following such a demand, had reason to believe, based on the person's performance on the evaluation, that the person was unable to safely operate a conveyance;

(i) whether the suspension and disqualification order served on the person was the first, second, third, fourth or more served on the person during the relevant 10-year period.

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 conveyance 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.

Registrar's decision

263.2(9)    After conducting a review under this section, the registrar must

(a) confirm the order if the evidence before the registrar supports, on a balance of probabilities, the required conditions for the issuance of a suspension and disqualification order and the length of the suspension or disqualification;

(b) vary the suspension and disqualification period if the evidence before the registrar supports, on a balance of probabilities, the required conditions for the issuance of a suspension and disqualification order but not the length of the suspension or disqualification; or

(c) in any other case,

(i) revoke the suspension and disqualification order,

(ii) return the person's driver's licence, if it was surrendered to the registrar, and

(iii) direct that the fees paid for the application to review the suspension or disqualification be refunded.

263.2(9.1) to (10) [Repealed] S.M. 2018, c. 19, s. 8.

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.

Registrar's decision

263.2(12)    The registrar must make a decision within seven days of considering the application or holding the hearing. The decision must be in writing.

Copy of decision

263.2(13)    The registrar must promptly give written notice of the decision to the person

(a) by ordinary mail sent to the person's last known address as shown in the records maintained by the registrar and to the address shown in the application, if different from the address of record;

(b) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(c) in accordance with a method specified by regulation.

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; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 29, s. 17; S.M. 2018, c. 36, s. 4.

Definitions relating to automatic suspensions

264(1)       In this section,

"Category A offence" means

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

(i) paragraph 320.14(1)(a) (operation while impaired),

(ii) paragraph 320.14(1)(b) (operation while impaired — blood alcohol concentration equal to or over .08),

(iii) paragraph 320.14(1)(c) (operation while impaired — blood drug concentration equal to or over legal limit),

(iv) paragraph 320.14(1)(d) (operation while impaired — blood alcohol and drug concentration equal to or over legal limit),

(v) subsection 320.15(1) (failure or refusal to comply with demand),

(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) subsection 320.13(1) (dangerous operation),

(ii) subsection 320.16(1) (failure to stop after accident),

(iii) section 320.18 (operation while prohibited),

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

(v) 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 conveyance under any of the following provisions of the Criminal Code:

(i) subsection 320.14(2) (operation while impaired causing bodily harm),

(ii) subsection 320.14(3) (operation while impaired causing death),

(iii) subsection 320.15(2) (failure or refusal to comply with demand — accident resulting in bodily harm),

(iv) subsection 320.15(3) (failure or refusal to comply with demand — accident resulting in death),

(a.1) an offence listed in clause (a) of the definition "Category A offence" if a person under the age of 16 years was a passenger in or on the conveyance 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

(i) clause (a), or

(ii) clause (a.1), if a person under the age of 16 years was a passenger in or on the motor vehicle at a time material to the offence,

(a.3) 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 320.13(2) (dangerous operation causing bodily harm),

(v) subsection 320.13(3) (dangerous operation causing death),

(vi) section 320.17 (flight from peace officer),

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

(viii) 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 »)

"conveyance" has the same meaning as in section 320.11 of the Criminal Code; (« moyen de transport »)

"motor vehicle" includes agricultural equipment, infrastructure equipment, and an off-road vehicle. (« véhicule automobile »)

"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

Transitional — expanded meaning of Category A and Category B offences

264(1.1.1)   For the purpose of subsection (1.1), an offence is deemed to be

(a) a Category A offence if it was included in the definition "Category A offence" as it read immediately before the coming into force of this subsection; or

(b) a Category B offence if it was included in the definition "Category B offence" as it read immediately before the coming into force of this subsection.

Increased suspension for refusal

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

(a) one offence under subsection 320.15(1) 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 320.15(1) 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.

Suspension for low blood drug concentration offence

264(1.2.1)   If a person is convicted of an offence under subsection 320.14(4) of the Criminal Code, the person's licence is suspended, and the person is disqualified from holding a licence, for the following suspension and disqualification periods:

(a) six months if the conviction is the person's first conviction in a 10-year period for an offence under that subsection;

(b) one year if the conviction is the person's second or subsequent conviction in a 10-year period for an offence under that subsection.

Transitional — previous convictions for low blood drug concentration offence

264(1.2.2)   For the purpose of subsection (1.2.1), a conviction under paragraph 253(3)(b) of the Criminal Code as it read immediately before its repeal is to be counted in determining whether the person's conviction under subsection 320.14(4) is a first or subsequent conviction.

Commencement of period of suspension etc.

264(1.3)    A period of suspension or disqualification imposed under subsection (1.1), (1.2) or (1.2.1) 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, or an offence described in subsection (1.2.1), 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), (1.2.1) 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 320.25 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 Provincial Offences 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; S.M. 2013, c. 47, Sch. A, s. 127; S.M. 2018, c. 10, Sch. B, s. 90; S.M. 2018, c. 19, s. 2 and 8.

Definitions

265(1)      In this section, "conveyance" and "operate" have the same meaning as in section 320.11 of the Criminal Code.

Gross impairment: request to surrender licence

265(2)      A peace officer must request a person to surrender his or her driver's licence if, in relation to the person's operation of a conveyance, the peace officer believes that the person is so impaired by alcohol or drugs as to be unable to comply with a demand under section 320.27 or 320.28 of the Criminal Code.

Under the influence of a drug: request to surrender licence

265(2.1)    A peace officer may request a person to surrender his or her driver's licence, if in relation to the person's operation of a conveyance, the peace officer reasonably believes that, as a result of being under the influence of a drug, the person is unable to safely operate the conveyance.

Duty to surrender licence

265(3)      Subject to subsection (4), when a request is made under subsection (2) or (2.1), 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) or (2.1)

(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 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 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;

(a.1) if the suspension or disqualification arose from a request made under subsection (2.1), set out the particulars of the officer's reasons to believe that, as a result of being under the influence of a drug, the person was unable to safely operate the conveyance;

(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;

(d.1) give the registrar a copy of any particulars set out under clause (a.1); and

(e) if the 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 vehicle in Manitoba shall pay the reinstatement charge specified in relation to this section in the regulations made under section 331, unless

(a) the suspension or disqualification arose from a request under subsection (2.1); and

(b) the person suspended or disqualified

(i) is not a novice driver, and

(ii) does not hold a driver's licence of a class or subclass prescribed in the regulations.

Removal of vehicle

265(9)      A peace officer may remove and store the 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 vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the 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 vehicle and any trailer or other towed equipment under subsection (9) are a lien on the vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored the 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; S.M. 2017, c. 22, s. 13; S.M. 2018, c. 19, s. 2 and 8.

Request for surrender of licence

265.1(1)    A peace officer who believes, on reasonable and probable grounds, that a driver of a regulated vehicle is in contravention of this Act or regulations respecting hours of service, shall request the driver to surrender their 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 their licence to the peace officer, the driver's licence is suspended and invalid for the purpose of driving a regulated 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; S.M. 2018, c. 10, Sch. B, s. 91.

Licence suspension for use of hand-operated electronic device

265.2(1)    If a peace officer reasonably believes that the driver of a vehicle is in contravention of section 215.1 (use of hand-operated electronic device), the peace officer must, 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, the peace officer must

(i) take possession of it,

(ii) issue a temporary driving permit to the person, and

(iii) by serving a suspension and disqualification order on the person, suspend the driver's licence and disqualify the person from driving a vehicle in Manitoba for the period determined under subsection (6);

(b) if the person holds a valid out-of-province driving permit, the peace officer must

(i) issue a temporary driving permit to the person, and

(ii) by serving a suspension and disqualification order on the person, disqualify the person from holding a driver's licence or driving a vehicle in Manitoba for the period determined under subsection (6);

(c) if the person does not hold a valid driver's licence or out-of-province driving permit, the peace officer must, by serving a suspension and disqualification order on the person, disqualify the person from holding a driver's licence or driving a vehicle in Manitoba for the period determined under subsection (6).

Temporary driving permit

265.2(2)    A temporary driving permit issued by a peace officer under subclause (1)(a)(ii) or (b)(i)

(a) takes effect when it is issued;

(b) expires at the end of the day following the day on which it is issued; and

(c) is subject to the same conditions and restrictions as the person's driver's licence or out-of-province driving permit, as the case may be.

Documents to be sent to registrar

265.2(3)     A peace officer who serves a suspension and disqualification order under subsection (1) must, without delay, send to the registrar

(a) a copy of the temporary driving permit, if one was issued by the peace officer;

(b) a copy of the completed order; and

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

Use of required forms

265.2(4)    A temporary driving permit, 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

265.2(5)    On being served with a suspension and disqualification order, a person must without delay surrender their driver's licence to the peace officer, but the driver's licence is suspended whether or not the person surrenders it.

Length of suspension period

265.2(6)    A suspension and disqualification order issued under this section takes effect immediately upon being served, and, subject to subsection (7), the suspension and disqualification period is as follows:

(a) if the order is the first order under this section that has been served on the person within the previous 10 years, the suspension and disqualification period is 3 days beginning

(i) on the day following the day on which the temporary driving permit issued by the peace officer expires, or

(ii) on the day the order is served on the person if no temporary driving permit is issued under this section;

(b) if the order is the second order or more that has been served on the person within the previous 10 years, the suspension and disqualification period is 7 days beginning

(i) on the day following the day on which the temporary driving permit issued by the peace officer expires, or

(ii) on the day the order is served on the person if no temporary driving permit is issued under this section.

Suspension period when number of previous orders unclear

265.2(7)    If, at the time the peace officer prepares a suspension and disqualification order under this section, the peace officer believes that they lack the necessary information to reliably determine how many previous orders have been served,

(a) the suspension and disqualification order must state that

(i) the suspension period is 3 days or, if it is the second order or more served on the recipient within the previous 10 years, 7 days, and

(ii) as soon as practicable, the registrar will by letter confirm whether the suspension and disqualification period is 3 days or 7 days; and

(b) the peace officer must notify the registrar, in the manner that the registrar requires, that the peace officer believes they 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

265.2(8)    In a case referred to in subsection (7), the registrar must, 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

265.2(9)    The registrar's letter must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's address as shown in the suspension and disqualification order;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

Return of driver's licence

265.2(10)    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 the person is otherwise not eligible to hold a driver's licence.

Reinstatement charges

265.2(11)    A person whose driver's licence is suspended under this section or who is disqualified under this section from driving a vehicle in Manitoba must pay the reinstatement charge specified in relation to this section in the regulations made under section 331.

Removal of vehicle

265.2(12)    A peace officer may remove and store the vehicle of any person who is disqualified from driving under this section and who is not issued a temporary driving permit, and any trailer or other towed equipment attached to the vehicle, or may cause the vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the 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

265.2(13)    The costs and charges incurred in removing and storing a vehicle and any trailer or other towed equipment under subsection (12) are a lien on the vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle and trailer or other towed equipment at the request of the peace officer.

S.M. 2018, c. 12, s. 7 and 10.

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 or cannabis

267         Notwithstanding anything in any other Act of the Legislature, a judge or justice who convicts any person of a breach of The Liquor, Gaming and Cannabis Control Act, with respect to liquor or cannabis 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; S.M. 2018, c. 9, s. 45.

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.

271         [Repealed]

S.M. 1991-92, c. 25, s. 40 and 57; S.M. 2005, c. 37, Sch. B, s. 56; S.M. 2018, c. 10, Sch. B, s. 92.

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.

Registrar required to make determination

273(1.1)    If

(a) the driver's licence of a novice driver; or

(b) a driver's licence of a class or subclass prescribed in the regulations;

is suspended under subsection 265(5) as a result of a request under subsection 265(2.1), the registrar must determine whether to exercise the registrar's power under subsection (1).

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) must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) sent in accordance with a method specified by regulation.

S.M. 1989-90, c. 4, s. 10; S.M. 1991-92, c. 25, s. 59; S.M. 2017, c. 22, s. 14; S.M. 2018, c. 29, s. 17.

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.

Giving notice

273.2.1(3)   The notice must be given to the person at least 30 days before the date specified in the notice, using one of the following methods:

(a) personal service;

(b) ordinary mail;

(c) e-mail sent to the e-mail address given by the person to the sender for the delivery of notices under this Act;

(d) a method specified by regulation.

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; S.M. 2018, c. 29, s. 17.

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 must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

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; S.M. 2018, c. 29, s. 17.

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) must be in writing and must be given to the person who is to receive the notice

(a) by personal service;

(b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

S.M. 1985-86, c. 12, s. 19 and 20; S.M. 2018, c. 29, s. 17.

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) imposed for non-payment of a fine or costs under Part 9 of The Provincial Offences 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);

(b.2) an action taken by a peace officer under section 265.2 (use of hand-operated electronic device); 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 Provincial Offences 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 subsection 320.14(1), (2) or (3) or 320.15(1) 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. 47, Sch. A, s. 127; S.M. 2013, c. 54, s. 42; S.M. 2014, c. 23, s. 7; S.M. 2018, c. 12, s. 8; S.M. 2018, c. 19, s. 2 and 8.

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.2) 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, agricultural equipment or infrastructure equipment, 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 subsection 320.14(1), (2) or (3) or section 320.15 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; S.M. 2018, c. 10 Sch. B, s. 93; S.M. 2018, c. 19, s. 2 and 8.

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 320.14 or subsection 320.15(1) 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; S.M. 2018, c. 19, s. 8.

PART VIII

REGULATED VEHICLES

280 to 312    [Repealed]

S.M. 1985-86, c. 13, s. 5 and 7 to 12; S.M. 1987-88, c. 23, s. 20 to 23; S.M. 1988-89, c. 14, s. 14 and 15; S.M. 1989-90, c. 56, s. 42 to 45; S.M. 1991-92, c. 25, s. 60; S.M. 1992, c. 58, s. 11; S.M. 1993, c. 23, s. 20; S.M. 1994, c. 4, s. 17 to 26; S.M. 1995, c. 19, s. 2 to 7; S.M. 1995. c. 31, s. 14; S.M. 1997, c. 37, s. 28 to 33; S.M. 1998, c. 26, s. 4; S.M. 1999, c. 13, s. 9 to 12; S.M. 2000, c. 35, s. 50; S.M. 2001, c. 7, s. 23;S.M. 2001, c. 19, s. 30 and 31; S.M. 2001, c. 39, s. 31; S.M. 2002, c. 39, s. 535; S.M. 2002, c. 40, s. 33; S.M. 2004, c. 30, s. 36; S.M. 2005, c. 37, Sch. B, s. 64 to 69; S.M. 2012, c. 7, s. 2 to 10; S.M. 2013, c. 49, s. 5 to 14; S.M. 2018, c. 10, Sch. B, s. 95.

Definitions

312.1       The following definitions apply in this Part and in section 322.1.

"operate" means to operate as defined in the regulations. (« exploiter »)

"operator" means an operator as defined in the regulations. (« exploitant »)

S.M. 2018, c. 10, Sch. B, s. 96.

Safety fitness requirements for operators of regulated vehicles

312.2       Unless a person holds a safety fitness certificate issued under the regulations, the person must not

(a) operate a regulated vehicle; or

(b) as the operator of a regulated vehicle, permit it to

(i) be driven or towed on a highway, or

(ii) tow another vehicle on a highway.

S.M. 2018, c. 10, Sch. B, s. 96.

Powers of inspector and other peace officer

312.3(1)    An inspector or other peace officer may

(a) enter any place where a regulated vehicle is kept, stored or repaired;

(b) inspect any regulated vehicle or its cargo; and

(c) order a regulated vehicle out of service if they reasonably believe that the regulated vehicle

(i) is unsafe for use on a highway, or

(ii) does not comply with this Act or the regulations.

Prohibition re out-of-service regulated vehicles

312.3(2)    A person must not drive or tow a regulated vehicle that has been ordered out of service under clause (1)(c) on a highway, unless

(a) the condition that gave rise to the order has been remedied; or

(b) the vehicle is being towed to remove it from the highway or to bring it to a place to have it repaired.

Duty to cooperate

312.3(3)    The operator and the driver of a regulated vehicle must cooperate with an inspector or other peace officer conducting an inspection under subsection (1) and provide any assistance and information reasonably required to carry out the inspection.

S.M. 2018, c. 10, Sch. B, s. 96.

Notice requirement re insurance

312.4       If an insurance policy has been filed with the department for the purpose of supporting a safety fitness certificate under this Part, a cancellation, change or refusal to renew the policy is not effective unless the department is provided at least 10 days' notice.

S.M. 2018, c. 10, Sch. B, s. 96.

Bills of lading

313(1)      Every person who transports goods for compensation by means of a vehicle on a highway must use a bill of lading that meets the requirements prescribed under the regulations.

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; S.M. 2018, c. 10, Sch. B, s. 97.

314(1)      [Repealed] S.M. 1994, c. 4, s. 27.

Identification of operators of regulated vehicles

314(2)      The operator of a regulated vehicle must ensure that the operator's name or a distinctive mark or graphic that readily identifies the operator is displayed in a conspicuous place on each lateral side of the vehicle.

Size and colour of lettering

314(3)      For the purpose of subsection (2) when the operator'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; S.M. 2018, c. 10, Sch. B, s. 98.

Remedy for unpaid freight charges

315(1)      An operator who has not been paid any outstanding charges in respect of the transportation of goods may recover those charges by any combination of the following:

(a) bringing a proceeding in a court of competent jurisdiction;

(b) refusing to release the goods until payment has been received (in which case the goods are at the risk of their owner during the detention period);

(c) subject to subsection (2), selling all or part of the goods and retaining the amount owing, plus any reasonable costs incurred as a result of the sale, from the sale proceeds.

Requirements re sale of goods

315(2)      An operator must

(a) wait four weeks after making a demand for payment before selling goods under clause (1)(c), unless the goods are perishable goods or livestock; and

(b) pay any surplus resulting from the sale, and deliver any goods that remain unsold, to the persons entitled to them.

S.M. 2018, c. 10, Sch. B, s. 99.

316         [Repealed]

S.M. 1985-86, c. 13, s. 13; S.M. 2005, c. 37, Sch. B, s. 70; S.M. 2018, c. 10, Sch. B, s. 100.

Contravention of Act by operator or employee an offence

317         An operator or an employee of an operator who, in connection with the operation of a regulated vehicle, contravenes or counsels another person to contravene a provision of this Act, The Drivers and Vehicles Act or a regulation under either of them is guilty of an offence and, in addition to any other applicable penalty, is liable on 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; S.M. 2018, c. 10, Sch. B, s. 101.

Offences by shippers of property

317.1(1)    A person who ships property on a regulated vehicle and who, in relation to the shipment, causes the operator 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 operator 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 conviction to any fine for which the operator or driver may be liable, whether or not the operator 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; S.M. 2018, c. 10, Sch. B, s. 102.

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 REGULATED VEHICLES

318.1(1)    [Repealed] S.M. 2018, c. 10, Sch. B, s. 104.

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 or tow a regulated 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 or 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; S.M. 2018, c. 10, Sch. B, s. 104; S.M. 2018, c. 19, s. 2.

Safety inspections and reports by driver

318.2       A person must not drive or tow a regulated 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; S.M. 2018, c. 10, Sch. B, s. 105.

Drivers' hours of service

318.3(1)    A person must not drive or tow a regulated vehicle on a highway in contravention of the regulations respecting permitted hours of service of drivers.

Driver records

318.3(2)    A person who drives or tows, or has driven or towed, a regulated vehicle on a highway

(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; S.M. 2018, c. 10, Sch. B, s. 106.

Safe operation

318.4       A person must not drive or tow a regulated 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; S.M. 2018, c. 10, Sch. B, s. 107.

318.5(1)    [Repealed] S.M. 2018, c. 10, Sch. B, s. 108

Manitoba resident compliance officer — regulated vehicles

318.5(2)    The operator of a regulated 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; S.M. 2018, c. 10, Sch. B, s. 108.

Initial review of driving record by operator

318.6(1)    Before engaging a person to drive or tow a regulated 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.

Review of driving record by operator

318.6(2)     During each 12-month period of a person's engagement to drive or tow a regulated 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; S.M. 2018, c. 10, Sch. B, s. 109.

Maintenance of vehicles

318.7(1)    The operator of a regulated 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 regulated 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 regulated 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; S.M. 2018, c. 10, Sch. B, s. 110.

Operator records

318.8(1)    Subject to subsection (2), the operator of a regulated vehicle must keep the following records at the operator's chief place of business in Manitoba:

(a) drivers' disclosures submitted under subsection 318.1(3);

(b) inspection reports submitted under section 318.2;

(c) records made and submitted under subsection 318.3(2);

(d) designations under subsection 318.5(2);

(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 regulated 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; S.M. 2018, c. 10, Sch. B, s. 111.

Operator to ensure driver compliance

318.9       The operator of a regulated vehicle must ensure that a driver who drives or tows the vehicle on the operator's behalf complies with sections 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; S.M. 2018, c. 10, Sch. B, s. 112.

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 regulated 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 The Provincial Offences 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 The Provincial Offences 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; S.M. 2013, c. 47, Sch. A, s. 127; S.M. 2018, c. 10, Sch. B, s. 113.

318.11      [Repealed]

S.M. 1988-89, c. 14, s. 16; S.M. 2001, c. 19, s. 40.

PART IX

REGULATIONS

Regulations — general

319(1)      The Lieutenant Governor in Council may make regulations

(a) classifying vehicles for any purpose of the regulations;

(b) 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;

(c) authorizing 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;

(d) respecting applications to and the issuance of permits by the registrar;

(e) prescribing fees for anything for which a fee is payable under this Act or the regulations;

(f) respecting the terms and conditions of permits and authorizations and specifying which terms or conditions prevail in case of a conflict;

(g) specifying the charges to be paid under The Drivers and Vehicles Act for

(i) a dealer's permit, salesperson's permit or recycler's permit, or for renewing, amending or replacing such a permit,

(ii) a driver training school permit or driving instructor's permit, or for renewing, amending or replacing such a permit,

(iii) an inspection station permit or qualified mechanic's permit, or for renewing, amending or replacing such a permit, or

(iv) any knowledge test that a person applying for a permit or a renewal may be required to take;

(h) 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 must not exceed a maximum charge and prescribing the maximum charge;

(i) 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;

(j) respecting the making of reports and the filing of returns;

(k) prescribing the costs and charges that a garage or storage place may impose for the storing of vehicles impounded under this Act, including setting different charges in different parts of the province;

(l) respecting the records of distance that a person whose registration fee is prorated under an agreement or arrangement under subsection 4.3(3) must make and maintain, and the reports of distance that person must submit and when that person is required to submit them;

(m) prescribing classes of persons and setting out conditions for the storage and transportation of cannabis in or on a vehicle for the purpose of clause 213.1(2)(e);

(n) prescribing one or more classes or subclasses of driver's licence for the purposes of subclause 265(8)(b)(ii) and clause 273(1.1)(b);

(o) defining any word or phrase used but not defined in this Act;

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

Regulations — vehicle standards, equipment and safety

319(2)      The Lieutenant Governor in Council may make regulations

(a) prescribing the standards and specifications to which vehicles must conform;

(b) respecting

(i) standards of safety and repair of vehicles and parts of vehicles for the purposes of this Act and the regulations, and

(ii) inspection procedures and criteria for determining compliance with the standards of safety and repair;

(c) requiring every vehicle driven or towed on a highway, or equipment or devices equipped or carried on a vehicle driven or towed on a highway, to be in proper working order and in safe operating condition;

(d) respecting the lighting and use of lamps on vehicles, including

(i) requiring or permitting vehicles to be equipped with specific lamps,

(ii) prohibiting or restricting vehicles from being equipped with specific lamps,

(iii) prescribing the times when and manner in which certain lamps must be used or may not be used,

(iv) prescribing standards and requirements to be met by vehicle lamps, and

(v) authorizing the minister or the registrar to issue permits, with or without conditions, for a vehicle to be equipped with certain lamps, or allowing certain lamps to be operated on a highway;

(e) requiring vehicles to be equipped with or carry specified equipment or devices, and prescribing the standards to which the equipment or devices must conform;

(f) prohibiting or restricting vehicles from being equipped with or carrying specified equipment or devices or equipment and devices that do not conform to a prescribed standard, and regulating or prohibiting the sale or use of vehicles equipped with such equipment or devices;

(g) regulating the use or operation of specified equipment or devices in or on vehicles;

(h) authorizing the minister or the registrar to issue permits, with or without conditions, allowing

(i) a vehicle to be equipped with or carry equipment or devices otherwise prohibited or restricted under the Act or the regulations, and

(ii) allowing the use of equipment or devices in or on a vehicle on a highway otherwise prohibited or restricted under the Act or the regulations;

(i) requiring the owner or driver of a vehicle being driven or towed on a highway to produce to a peace officer for inspection any equipment or device equipped or carried in or on the vehicle for the purpose of assessing whether the equipment or device is required, restricted, prohibited, or in safe operating condition;

(j) regulating the operation of vehicles and combinations of vehicles and prohibiting their unsafe operation;

(k) prohibiting or regulating specified alterations of vehicles, and prohibiting or regulating the use of altered vehicles;

(l) prohibiting or restricting the tampering with, or disconnection or removal of, the odometer of a motor vehicle, changing the number of kilometres or miles shown on the odometer, or doing anything that causes or may cause the odometer to give an inaccurate distance reading;

(m) respecting the manner of loading, covering and securing loads on vehicles;

(n) respecting livestock partitions;

(o) 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;

(p) 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.

Regulations — rules of the road

319(3)      The Lieutenant Governor in Council may make regulations

(a) prescribing times when a vehicle or class of vehicles is prohibited from being driven on a highway or portion of a highway;

(b) prohibiting a vehicle or class of vehicles from being driven on a highway or portion of a highway;

(c) prescribing the maximum speed at which a vehicle or class of vehicles may be driven over any bridge, causeway or viaduct;

(d) prescribing that, on any portion of a highway in unorganized territory, vehicles or a class of vehicles must yield the right of way to other vehicles or a class of vehicles;

(e) prescribing vehicles for the purpose of the definition "designated vehicle" in subsection 109.1(1);

(f) 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;

(g) prescribing roadside assistance, enforcement and other activities for the purpose of subsection 109.1(2);

(h) respecting the use of highways for aircraft landings and takeoffs;

(i) 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.

Regulations — regulated vehicles and commercial transport

319(4)      The Lieutenant Governor in Council may make regulations

(a) excluding a motor vehicle or trailer or class of motor vehicle or trailer from the definition "regulated vehicle" in subsection 1(1);

(b) exempting any class or subclass of regulated vehicle from any requirement of the Act or the regulations;

(c) respecting the placement of advance warning devices required under section 217;

(d) prescribing the words to be used to identify highway traffic inspection stations;

(e) defining "operate" and "operator" for the purpose of Part VIII;

(f) respecting safety fitness certificates, including

(i) the eligibility criteria for the issuance of a safety fitness certificates, and

(ii) the terms on which safety fitness certificates may be or must be issued;

(g) respecting the form, content and use of bills of lading when transporting goods on a highway for compensation;

(h) prescribing uniform conditions of carriage deemed to form part of a contract of carriage in respect of goods transported on a highway;

(i) respecting weight tolerances for regulated vehicles;

(j) respecting the inspection and testing of regulated vehicles and the use of certificates and decals in respect of such inspections or tests;

(k) respecting the recognition of regulated vehicle inspection programs, certificates and decals from jurisdictions outside Manitoba;

(l) respecting the safe condition and operation of regulated vehicles, including

(i) prescribing for the purposes of subsection 265.1(3) the period or the manner of determining the period, not exceeding 72 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),

(iii) for the purpose of subclause 318.1(3)(b)(vi) or 322.1(1)(b)(vi), prescribing by-laws made by traffic authorities,

(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) authorizing a designated employee of the department to issue, with or without conditions, a permit exempting the operator of a vehicle, or a class of such operators, from the application of a regulation made for the purpose of subclauses (v) and (vi), and

(viii) respecting permits under subclause (vii), 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.

Regulations — school buses

319(5)      The Lieutenant Governor in Council may make regulations

(a) designating classes or types of motor vehicle that may be used as a school bus;

(b) prescribing standards for school buses and their equipment;

(c) requiring school buses to be equipped with warning lamps, warning systems and safety devices, and respecting the use of such lamps and devices and the standards to which they must conform.

Regulations — agricultural equipment and infrastructure equipment

319(6)      The Lieutenant Governor in Council may make regulations

(a) respecting the travel of agricultural equipment or infrastructure equipment on a highway, including specifying

(i) the maximum dimensions and weight of the equipment or its wheels, and

(ii) required, permitted, restricted and prohibited lighting and equipment;

(b) respecting the use of pilot or escort vehicles in relation to agricultural equipment;

(c) prescribing a minimum policy limit for the purpose of clause 226(1.2)(c).

Regulations — motorcycles and mopeds

319(7)      The Lieutenant Governor in Council may make regulations

(a) prescribing standards for motorcycles that may be registered under The Drivers and Vehicles Act, including prescribing minimum heights, minimum speed capabilities and required equipment;

(b) prescribing standards and procedures for the purpose of determining whether a vehicle is a moped;

(c) requiring the driver of a motorcycle or moped to have the motorcycle's or moped's headlamps or tail lamps lighted at all times.

Regulations — bicycles and power-assisted bicycles

319(8)      The Lieutenant Governor in Council may make regulations

(a) prescribing standards, specifications and equipment required for bicycles operating on a highway;

(b) prohibiting or restricting the sale or use of bicycles and equipment for bicycles that do not meet prescribed standards;

(c) prohibiting or restricting the operation of bicycles on a highway or a portion of a highway;

(d) 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;

(e) 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.

Regulations — low-speed vehicles

319(9)      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.

Regulation — transportation of hazardous commodities

319(10)     The Lieutenant Governor in Council may make regulations

(a) respecting the transportation of hazardous commodities on a highway;

(b) designating a product as a hazardous commodity for the purpose of section 181;

(c) adopting any provision of the Transportation of Dangerous Goods Act (Canada), or any regulation made under that Act, as a regulation under this Act applying to and in respect of any matter, situation or circumstance within the jurisdiction of the Legislature.

Regulations — offences and enforcement

319(11)     The Lieutenant Governor in Council may make regulations

(a) 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;

(b) respecting the seizure, impoundment and disposition of motor vehicles under section 242.4, including prescribing the costs and charges payable to a garage keeper on account of the towing, transportation, care, storage and disposition of a motor vehicle and other related matters, or the manner in which those costs and charges are to be determined;

(c) 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 subsection 257.3(2) and other documents, or in evidence in relation to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(2)(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);

(d) 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(2)(b) or (c);

(e) 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;

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

Regulations — traffic authorities and municipalities

319(12)     The Lieutenant Governor in Council may make regulations

(a) for the purposes of clause 90(1)(o), prescribing any matter in respect of which a traffic authority may make a rule or by-law;

(b) respecting the manner in which a rule or by-law may be indicated or made known for the purpose of subsection 90(5);

(c) respecting the terms and conditions under which a traffic authority may fix a speed limit;

(d) prescribing requirements that a rule or by-law made by a traffic authority to fix a speed limit must comply with, including prescribing a form of rule or by-law that must be used.

Adopting codes, standards and other regulations

319(13)     The power to make a regulation under this Act may be exercised by adopting, by reference, all or part of a code, standard or regulation made by any other government in Canada or the United States, or by a non-governmental body. 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(14)     A regulation under this Act may be general or particular in its application and apply in whole or in part

(a) to one or more classes of vehicles;

(b) to one or more classes of persons;

(c) to any part of the province; and

(d) at all times or during certain times of the year or the day only.

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; S.M. 2013, c. 47, Sch. A, s. 127; S.M. 2017, c. 22, s. 15; S.M. 2018, c. 10, Sch. B, s. 114.

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 tickets

322(8)      Despite subsection (3), the registrar may, for the purpose of producing tickets 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 tickets 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. 2013, c. 47, Sch. A, s. 127; 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 or 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) [repealed] S.M. 2018, c. 10, Sch. B, s. 115;

(h) when the operator registers a regulated vehicle in Manitoba, records respecting the operator comparable to those described in clauses (e) and (f) 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)    If a director appointed by the minister for the purpose of administering Part VIII, 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, that director may do one or more of the following:

(a) order the operator to do such things as the director 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 director,

(ii) to limit the size of the operator's fleet,

(iii) to institute a safety plan acceptable to the director,

(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) suspend or revoke the operator's safety fitness certificate;

(d) impose a monetary penalty of not more than $25,000 on the operator.

Registrar to be notified of suspension or revocation

322.1(3.1)   A director who suspends or revokes a safety fitness certificate under clause (3)(c) must notify the registrar of the suspension or revocation.

Registrar must cancel registration

322.1(3.2)   Upon receipt of a notification under subsection (3.1), the registrar must cancel the registration of any vehicles operated under the suspended or revoked safety fitness certificate.

322.1(4)    [Repealed] S.M. 2013, c. 49, s. 29.

Appeal to minister

322.1(5)    An operator in respect of whom a director exercised a power under subsection (3) may appeal the director's decision to the minister. The appeal must be in writing and delivered to the minister within 30 days after the date of the director's decision.

Minister's power on appeal

322.1(6)    On an appeal under subsection (5),

(a) the minister must conduct a written or oral hearing;

(b) the director that made the decision under subsection (3) has standing at the hearing; and

(c) following the hearing, the minister

(i) may confirm the director's decision or quash or vary it, and

(ii) must provide written reasons for doing so.

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; S.M. 2018, c. 10, Sch. B, s. 115; S.M. 2018, c. 19, s. 2.

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 and Deputy Director of Motor Carrier Enforcement 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.

323(2)      [Repealed] S.M. 2018, c. 10, Sch. B, s. 116.

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; S.M. 2018, c. 10, Sch. B, s. 116.

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.

326         [Repealed]

S.M. 1991-92, c. 41, s. 33; S.M. 1999, c. 13, s. 14; S.M. 2013, c. 39, Sch. A, s. 61; S.M. 2018, c. 10, Sch. B, s. 117.

Inspection at regular intervals

327         The minister may require regulated vehicles or any prescribed subclass of regulated vehicle to be inspected at regular intervals as provided in the regulations.

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; S.M. 2018, c. 10, Sch. B, s. 118.

328         [Repealed]

S.M. 1987-88, c. 23, s. 29.

DECLARATIONS, AFFIDAVITS AND NOTICES

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         When, under this Act, a notice of anything is required or authorized to be given to any person and the method of giving notice is not specified, the notice must be in writing, and the person required or authorized to give it must do so

(a) by serving the notice personally on the person to be given the notice;

(b) by mailing or delivering the notice to that person at the address last known to the person giving the notice, using a mail or delivery service that provides the person giving the notice with an acknowledgment of receipt;

(c) if the person has provided the sender with an e-mail address for the delivery of notices under this Act, by sending it to that e-mail address; or

(d) by sending it in accordance with a method specified by regulation.

S.M. 2018, c. 29, s. 17.

Evidence of receipt by registered mail

330.1       Evidence that a notice or other document has been given under this Act in accordance with the method described in clause 330(b) and that the sender has received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice or document has been received by the person to whom it is addressed.

S.M. 2018, c. 29, s. 17.

Evidence of receipt by e-mail

330.2(1)    Subject to subsection (2), evidence that a notice or other document has been given under this Act in accordance with the method described in clause 330(c) is proof, in the absence of evidence to the contrary, that the notice or document has been received by the person to whom it is addressed on the seventh day after the day the notice is sent.

E-mail notice not received

330.2(2)    A notice given in accordance with the method described in clause 330(c) is considered not to have been received by the person to whom it is addressed if

(a) sending the notice triggers an automated response indicating that the notice is not deliverable; or

(b) before the notice was sent, the person has notified the sender in writing that the e-mail address may no longer be used for such notices.

S.M. 2018, c. 29, s. 17.

Regulations respecting notices

330.3       The Lieutenant Governor in Council may make regulations

(a) respecting the method of giving any notice or document, including additional electronic methods, for the purpose of clause 263.1(10)(d), 263.2(13)(c), 265.2(9)(d), 273(3)(d), 273.2.1(3)(d), 273.3(3)(d), 276(2)(d) or 330(d);

(b) specifying the time at which such a notice or document is presumed to have been given.

S.M. 2018, c. 12, s. 10; S.M. 2018, c. 29, s. 17.

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, regulated vehicles 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; S.M. 2018, c. 10, Sch. B, s. 119.

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.

336         [Repealed]

S.M. 2018, c. 10, Sch. B, s. 120.

Commencement of Act

337         This Act comes into force on the day it receives the royal assent.

File 1: s. 1 to 240 (Parts 1 to 6)
File 2: s. 241 to 337 (Parts 7 to 10)