4th Session, 42nd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
THE HIGHWAY TRAFFIC AMENDMENT ACT (ALTERNATIVE MEASURES FOR DRIVING OFFENCES)
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 1(1) is amended by adding the following definition:
The following is added after section 259:
NOTICE OF ALTERNATIVE MEASURES
The Attorney General, or a person designated by the Attorney General for this purpose, must provide written notice to the registrar of the following persons, if any, who are dealt with by alternative measures:
(a) a person alleged to have committed an offence under subsection 320.14(1) of the Criminal Code (operation while impaired);
(b) a person alleged to have committed an offence under subsection 320.15(1) of the Criminal Code (failure or refusal to comply with demand).
The written notice must be in the form required by the registrar and set out
(a) the name, address and date of birth of the person alleged to have committed the offence;
(b) a statement as to whether the person holds a valid driver's licence or out-of-province driving permit and, if so, the number of the licence or permit, its expiration date and, in the case of an out-of-province driving permit, the name of the jurisdiction that issued the permit;
(c) if applicable, the number plate of the vehicle used to commit the alleged offence and the name of the jurisdiction that issued the number plate;
(d) the nature of the alleged offence and the specific provision of the Criminal Code the person is alleged to have contravened;
(e) the date and approximate time of the alleged offence; and
The definition "restricted licence" in subsection 279.1(1) is amended by replacing clause (c) with the following:
(c) is issued by the registrar in accordance with any of the following provisions 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:
(i) subsection 279.1(1.2) (restricted licence after conviction for designated offence),
(ii) subsection 279.1(1.2.1) (restricted licence after suspension relating to alcohol screening or BAC of .05 or more),
The following is added after subsection 279.1(1.2.2):
279.1(1.2.3) When a person alleged to have committed an offence under any of the following provisions of the Criminal Code is dealt with by alternative measures, the registrar may issue only a restricted licence to the person during the applicable period prescribed in the regulations:
(a) subsection 320.14(1) (operation while impaired);
Subsection 279.1(7) is amended
(a) in clause (b.1), in the part before subclause (i), by striking out "or (1.2.1)"; and
(b) by adding the following after clause (b.1):
(b.2) for the purpose of subsection (1.2.1) or (1.2.3), prescribing periods during which the registrar may issue only a restricted licence to a person, including
(i) establishing a process for or manner of determining when the period begins, and
Clause 330.3(a) is amended by striking out "273.3(3)(d),".
This Act comes into force on a day to be fixed by proclamation.