2nd Session, 43rd Legislature
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Bill 5
THE HIGHWAY TRAFFIC AMENDMENT ACT (IMPAIRED DRIVING MEASURES)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Highway Traffic Act is amended by this Act.
2(1) Subsection 242.1(1.1) is amended by striking out "or" at the end of clause (g) and adding the following after clause (h):
(i) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code, a person who is subject to an alcohol prohibition under section 264.1 and who was driving the vehicle or had care or control of it provides a sample of breath which, on analysis by means of a calibrated screening device, registers a result that indicates the presence of alcohol in the person's blood; or
(j) based on an analysis of the blood of a person who is subject to an alcohol prohibition under section 264.1 and who was driving the vehicle or had care or control of it, or an analysis of the breath of the person by means of an approved instrument, the peace officer reasonably believes that
(i) the person has alcohol in their blood, and
(ii) the concentration of alcohol in the person's blood is less than 50 mg of alcohol in 100 mL of blood.
2(2) Subsection 242.1(1.1.1) is amended by striking out "clause (1.1)(f) or (g)" and substituting "clause (1.1)(f), (g) or (i)".
2(3) Clause 242.1(2)(a) is amended
(a) in subclause (v), by striking out "clause (1.1)(b), (c), (d) or (h)" and substituting "clause (1.1)(b), (c), (d), (h) or (j)"; and
(b) in subclause (vi), by striking out "clause (1.1)(f) or (g)" and substituting "clause (1.1)(f), (g) or (i)".
2(4) Subsections 242.1(3.1) and (4) are amended, in the part before clause (a), by striking out "clauses (1.1)(b) to (h)" and substituting "clauses (1.1)(b) to (j)".
2(5) Clause 242.1(5)(c) is amended by striking out "clauses (1.1)(b) to (h)" and substituting "clauses (1.1)(b) to (j)".
2(6) Subsection 242.1(7.1) is amended by adding the following after clause (i):
(j) when the seizure is under clause (1.1)(i) (calibrated screening device indicating presence of alcohol), 3 days;
(k) when the seizure is under clause (1.1)(j) (alcohol present in blood but BAC under .05), 3 days.
2(7) Subsection 242.1(7.1.1) is amended, in the part before clause (a), by striking out "clause (1.1)(f), (g) or (h)" and substituting "clauses (1.1)(f) to (j)".
2(8) Subsection 242.1(7.1.1.1) is amended
(a) by replacing the section heading with "When second or subsequent seizure relates to WARN, BAC .05 or over, or alcohol prohibition";
(b) in the part before clause (a), by striking out "clause (7.1)(g) or (i)" and substituting "clause 7.1(g), (i), (j) or (k)"; and
(c) in clause (a), by striking out "clause (1.1)(f) or (h)" and substituting "clause (1.1)(f), (h), (i) or (j)".
3 Section 252 is replaced with the following:
252 Where a penalty is provided in this Act for a first, second, third or subsequent offence, the words "first", "second", "third" and "subsequent" relate only to offences committed in the same period of 36 months; but this section does not apply to
(a) an offence under section 213, 213.1 or 213.2;
(b) the offences referred to in subsection 264(1) for the purpose of determining the length of a period of suspension or disqualification under subsection 264(1.1), (1.2.1), (1.2.3) or (6.1); or
(c) the offences referred to in subsection 264(1) for the purpose of determining the length of a period of alcohol prohibition under subsection 264.1(1) or (2).
4(1) Subsection 263.1(2) is amended by striking out "or" at the end of clause (g) and adding the following after clause (h):
(i) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code, a person who is subject to an alcohol prohibition under section 264.1 provides a sample of breath which, on analysis by means of a calibrated screening device, registers a result that indicates the presence of alcohol in the person's blood; or
(j) based on an analysis of the blood of a person who is subject to an alcohol prohibition under section 264.1 and who was operating a conveyance, or an analysis of the breath of the person by means of an approved instrument, the peace officer reasonably believes that
(i) the person has alcohol in their blood, and
(ii) the concentration of alcohol in the person's blood is less than 50 mg of alcohol in 100 mL of blood.
4(2) Subsection 263.1(7) is amended, in the part of rule 2 before clause (a), by striking out "clause 2(e), (f), (f.2), (g) or (h)" and substituting "clause 2(e), (f), (f.2), (g), (h), (i) or (j)".
4(3) Subsection 263.1(8) is amended, in the part before clause (a), by striking out "clause 2(e), (f), (f.2), (g) or (h)" and substituting "clause 2(e), (f), (f.2), (g), (h), (i) or (j)".
4(4) Subsection 263.1(13) is amended by adding the following after clause (b):
(c) for the purpose of clauses (2)(i) and 242.1(1.1)(i), the device must be calibrated so as not to register a result that indicates the presence of alcohol in the blood of a person whose breath is being analyzed by means of the device unless the person has alcohol in their blood.
5 Clause 263.1.1(1)(b) is amended by adding the following after subclause (iii):
(iv) clause 263.1(2)(i) (calibrated screening device indicating presence of alcohol),
(v) clause 263.1(2)(j) (alcohol present in blood but BAC under .05).
6 Subsection 263.2(7) is amended by replacing clause (i) with the following:
(i) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(i),
(i) whether the person operated a conveyance having consumed alcohol in such a quantity that alcohol was present in the person's blood, and
(ii) whether the person was advised of their right to request a second analysis under subsection 263.1(11), whether the person made the request, and, if so, whether the order was based on the lower result of the two analyses;
(j) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(j), whether the person operated a conveyance having consumed alcohol in such a quantity that alcohol was present in the person's blood;
(k) 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.
7(1) Subsection 264(1) is amended
(a) in the part before the first definition, by adding "and in section 264.1" after "this section"; and
(b) by adding the following definition:
"designated impaired offence" means an offence
(a) referred to in clause (a) or subclause (a.2)(i) of the definition "Category B offence", or
(b) committed before December 18, 2018, under the following provisions of the Criminal Code as they read at the time the offence was committed:
(i) subsection 255(2) (impaired driving causing bodily harm),
(ii) subsection 255(2.1) (blood concentration equal to or over legal limit — bodily harm),
(iii) subsection 255(2.2) (failure or refusal to provide sample — bodily harm),
(iv) subsection 255(3) (impaired driving causing death),
(v) subsection 255(3.1) (blood concentration equal to or over legal limit — death),
(vi) subsection 255(3.2) (failure or refusal to provide sample — death); (« infraction désignée pour conduite avec facultés affaiblies »)
7(2) Subsection 264(1.1) is amended by striking out "subsection (1.2)" and substituting "subsections (1.2) and (1.2.3)".
7(3) The following is added after subsection 264(1.2.2):
Lifetime suspension for certain alcohol-related offences
264(1.2.3) Despite subsection (1.1), when a person is convicted of two designated impaired offences committed within a 10-year period, the person's licence and right to have a licence is suspended and the person is disqualified from driving a motor vehicle indefinitely.
264(1.2.4) For certainty, when a person is convicted of a designated impaired offence committed after subsection (1.2.3) comes into force, a conviction for a designated impaired offence committed before that subsection comes into force but within the 10-year period referred to in that subsection shall be taken into account for the purpose of that subsection.
7(4) Subsection 264(1.3) is amended, in the part before clause (a), by striking out "subsection (1.1), (1.2) or (1.2.1)" and substituting "subsection (1.1), (1.2), (1.2.1) or (1.2.3)".
7(5) Subsection 264(7) is amended by striking out "subsection (1.1), (1.2.1) or (6.1)" and substituting "subsection (1.1), (1.2.1), (1.2.3) or (6.1)".
8 The following is added after section 264:
Seven-year alcohol prohibition
264.1(1) A person convicted of a designated impaired offence must not, for a period of seven years, operate or have care or control of a motor vehicle, off-road vehicle, agricultural equipment or infrastructure equipment while the person has any alcohol in their blood.
Lifetime alcohol prohibition for second offence
264.1(2) A person convicted of two designated impaired offences committed within a 10-year period is subject to the prohibition under subsection (1) indefinitely.
264.1(3) For certainty, when a person is convicted of a designated impaired offence committed after this section comes into force, a conviction for a designated impaired offence committed before this section comes into force but within the 10-year period shall be taken into account for the purpose of subsection (2).
264.1(4) A period of alcohol prohibition commences on the later of
(a) the date of the conviction that gives rise to the prohibition; and
(b) the date of the person's 16th birthday.
Deemed conviction re certain offences
264.1(5) If a person pleads guilty or is found by the court to be guilty of having committed a designated impaired offence and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section.
264.1(6) When an appeal is taken against a conviction that would result in an alcohol prohibition being imposed under subsection (1) or (2), the judge, or a judge of the court, being appealed to may direct that the alcohol prohibition be stayed pending the final disposition of the appeal unless otherwise ordered by the court.
264.1(7) If a stay is directed under subsection (6), the judge or judges of the court being appealed to shall cause a copy of the direction 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.
264.1(8) 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, send, or cause to be sent, to the registrar formal notification of the disposition of the appeal; and the alcohol prohibition stayed by the direction under subsection (6) shall become operative upon the receipt by the registrar of the formal notification of the disposition of the appeal.
264.1(9) For certainty, this section applies to a person who is or was convicted of a designated impaired offence 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).
9(1) The following is added after subsection 279(3):
No appeal for alcohol prohibition
279(3.1) For certainty, no appeal lies to the appeal board from an alcohol prohibition imposed on a person under section 264.1 or in respect of the length of the prohibition period or any other aspect of the prohibition imposed under that section.
9(2) Subsection 279(21) is amended, in the part before clause (a), by striking out "320.15(1)" and substituting "section 320.15".
10 Subsection 279.1(1.2.1) is amended by striking out "or" at the end of clause (c), adding "or" at the end of clause (d) and adding the following after clause (d):
(e) the ground set out in clause 263.1(2)(i) (calibrated screening device indicating presence of alcohol) or (j) (alcohol present in blood but BAC under .05) if
(i) within the 10-year period ending when the order was served, two or more other suspension and disqualification orders were served on the person under section 263.1, and
(ii) the previous orders were not revoked under section 263.2.
11 Subsection 279.3(3) is amended by striking out "subsection 320.15(1)" and substituting "320.15".
Consequential amendment, C.C.S.M. c. D104
12 Clause 22(2)(a) of The Drivers and Vehicles Act is amended by striking out "clause 263.1(2)(e), (f), (f.2), (g) or (h)" and substituting "clause 263.1(2)(e), (f), (f.2), (g), (h), (i) or (j)".
Coming into force — royal assent
13(1) Subject to subsection (2), this Act comes into force on royal assent.
Coming into force — proclamation
13(2) The following provisions come into force on a day to be fixed by proclamation:
(a) section 2;
(b) section 3 insofar as it enacts clause 252(c);
(c) sections 4 to 6;
(d) clause 7(1)(a);
(e) sections 8 to 12.