3rd Session, 43rd 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.

Bill 31

THE HIGHWAY TRAFFIC AMENDMENT ACT

(Assented to                                         )

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

C.C.S.M. c. H60 amended

1   The Highway Traffic Act is amended by this Act.

2   Subsection 1(1) is amended

(a) by adding the following definition:

"approved drug screening equipment" means approved drug screening equipment as defined in section 320.11 of the Criminal Code; (« matériel de détection des drogues approuvé »)

(b) in the definition "approved screening device", by striking out ", except in sections 26.0.1 to 26.3,"; and

(c) in clause (b) of the definition "driver's licence", by striking out "31(7),".

3   The following is added after section 24:

ALCOHOL AND DRUG PROHIBITIONS FOR CERTAIN DRIVERS

Definitions

24.1   The following definitions apply in this section and in sections 24.2 to 24.4.

"restricted driver" means a person who

(a) holds a driver's licence of a class or subclass, other than a subclass F licence, prescribed in a regulation made under section 24.4; or

(b) has held a subclass F licence for less than the period of time prescribed in a regulation made under section 24.4. (« conducteur à permis restreint »)

"specified vehicle" means

(a) in relation to a novice driver, a motor vehicle or off-road vehicle, or agricultural equipment or infrastructure equipment; and

(b) in relation to a restricted driver, a vehicle of a class or type prescribed in a regulation made under section 24.4. (« véhicule désigné »)

"subclass F licence" means a class 1F, 2F, 3F, 4F, 5F or 6F (full stage) driver's licence as set out in the Driver Licensing Regulation, Manitoba Regulation 47/2006. (« permis de sous-classe F »)

Alcohol and drugs — novice and restricted drivers

24.2(1)   A novice or restricted driver must not operate or have care or control of a specified vehicle

(a) while the novice or restricted driver has any alcohol in their blood; or

(b) after having consumed drugs such that, when a sample of a bodily substance of the novice or restricted driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug.

Other provisions applicable

24.2(2)   For certainty, nothing in this section or in any regulation made under section 24.4 limits the application of section 24.3, 242.1, 263.1 or 265 or any other applicable alcohol- or drug-related provision of this Act or the regulations to novice or restricted drivers.

Alcohol — operators of certain vehicles

24.3(1)   A person must not operate or have care or control of a class 1, 2, 3 or 4 vehicle as defined in the Driver Licensing Regulation while the person has any alcohol in their blood.

Consequences of contravention

24.3(2)   A person who contravenes subsection (1) is subject to having their driver's licence suspended or to being disqualified from holding a driver's licence or from driving a motor vehicle in Manitoba under clauses 263.1(2)(i) and (j).

Regulations

24.4(1)   The Lieutenant Governor in Council may make regulations

(a) prescribing classes or subclasses of licences and periods of time for the purpose of the definition "restricted driver";

(b) prescribing classes or types of vehicles for the purpose of clause (b) of the definition "specified vehicle";

(c) prescribing maximum blood alcohol concentration levels for supervising drivers;

(d) prohibiting a person from having any alcohol in their blood when acting as a supervising driver for the driver of a class 1, 2, 3 or 4 vehicle as defined in the Driver Licensing Regulation;

(e) prohibiting a person from acting as a supervising driver if they have consumed drugs such that, when a sample of a bodily substance of the person is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug;

(f) providing for remedial actions that the registrar may take, and prescribing sanctions the registrar may impose, in respect of a novice or restricted driver who

(i) drives while having any alcohol in their blood,

(ii) drives while having consumed drugs such that, when a sample of a bodily substance of the novice or restricted driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug, or

(iii) refuses a peace officer's request to provide a breath sample or a sample of a bodily substance;

(g) governing the calibration and use of approved screening devices for the purpose of determining the blood alcohol concentration level of a novice, restricted or supervising driver;

(h) authorizing a peace officer to demand that a novice, restricted or supervising driver provide a sample of breath for the purpose of determining their blood alcohol concentration level, and requiring the novice, restricted or supervising driver to provide a breath sample on demand, at the roadside, to be analyzed by an approved screening device, or at another place, to be analyzed by an approved instrument as defined in section 320.11 of the Criminal Code, or both;

(i) authorizing a peace officer to demand that a novice, restricted or supervising driver provide a sample of a bodily substance for the purpose of determining the concentration of drugs in the bodily substance, and requiring the novice, restricted or supervising driver to provide a sample of a bodily substance on demand, at the roadside, to be analyzed by means of approved drug screening equipment;

(j) respecting the handling and analysis of breath samples and samples of bodily substances provided under a regulation made under this subsection, including, but not limited to, the manner of recording and certifying the results of the analysis and the manner in which a certificate of analysis may be entered into evidence in a prosecution under this Act and the weight to be attributed to a certificate of analysis;

(k) authorizing or requiring a peace officer to demand that a novice or restricted driver surrender their licence, and requiring the novice or restricted driver to surrender their licence to the peace officer on demand

(i) if the novice or restricted driver has any alcohol in their blood,

(ii) if, when a sample of a bodily substance of the novice or restricted driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug, or

(iii) if the novice or restricted driver refuses to provide a breath sample or a sample of a bodily substance on demand;

(l) authorizing or requiring a peace officer to demand that a supervising driver surrender their licence, and requiring the supervising driver to surrender their licence to the peace officer on demand

(i) if the supervising driver has alcohol in their blood exceeding an applicable maximum blood alcohol concentration level prescribed in a regulation made under clause (c),

(ii) if the supervising driver has alcohol in their blood contrary to an alcohol prohibition made in a regulation under clause (d),

(iii) if, when a sample of a bodily substance of the supervising driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug, or

(iv) if the supervising driver, refuses to provide a breath sample or a sample of a bodily substance on demand;

(m) respecting licence suspension and driving disqualification for a novice, restricted or supervising driver required to surrender their license in accordance with a regulation made under clause (k) or (l);

(n) respecting the removal and storage of a vehicle, and any towed equipment when a novice, restricted or supervising driver's licence is suspended;

(o) respecting the enforcement of costs of removal and storage incurred for an action described in clause (n).

Application of regulations

24.4(2)   A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part in respect of any class or subclass of licence for novice or restricted drivers or any class or type of vehicle.

Offence and penalty

24.4(3)   A novice, restricted or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice or restricted driver who contravenes a condition or restriction of their licence, is guilty of an offence and is liable on conviction to the penalties set out in section 239.

Saving

24.4(4)   Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect any other provision of this Act that authorizes or requires the suspension or cancellation of a driver's licence or vehicle registration, or the disqualification of a person from holding a driver's licence or registering a vehicle.

Defence of novice and restricted driver to charge re supervising driver's qualifications

24.4(5)   It is a defence to a charge against a novice or restricted driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that the accused took all reasonable measures to comply with the regulations.

4   The centred heading before section 26.0.1 and sections 26.0.1, 26.1 and 26.3 are repealed.

5   The centred heading "NOVICE DRIVERS" is added before section 26.4.

6   Subsections 26.4(1) and (2) are amended, in the part before clause (a),

(a) by adding "in the regulations under The Drivers and Vehicles Act" after "prescribed"; and

(b) by striking out "him or her" and substituting "the novice driver".

7   Section 31 is repealed.

8   Subsection 174(2) of the French version is amended by striking out "catégorie ou d'une sous-catégorie" and substituting "classe ou sous-classe".

9(1)   Subsection 242.1(1.1) is amended

(a) in clause (i), by striking out "section 264.1" and substituting "section 279.4 or 279.5"; and

(b) in clause (j), in the part before subclause (i), by striking out "section 264.1" and substituting "section 279.4 or 279.5".

9(2)   Subsection 242.1(7.1.2) of the English version is amended, in the part before clause (a), by striking out "over .08" and substituting "equal to or over .08".

10   Clause 252(c) is replaced with the following:

(c) the offences referred to in subsection 279.4(1) for the purpose of determining the length of a period of alcohol prohibition under subsection 279.4(3).

11(1)   Clause 263.1(1.1)(a) is repealed.

11(2)   Subsection 263.1(2) is amended

(a) in subclause (g)(iii), by striking out everything after "presence of a drug";

(b) in clause (i), by striking out "section 264.1" and substituting "section 24.3, 279.4 or 279.5"; and

(c) in clause (j), in the part before subclause (i), by striking out "section 264.1" and substituting "section 24.3, 279.4 or 279.5".

11(3)   Subsection 263.1(7) is amended

(a) in clause (a) of rule 2, by striking out "72 hours beginning at the effective time set out in the order" and substituting "seven days beginning on the day on which the order is served";

(b) in clauses (b) to (d) of rule 2, by adding ", unless rule 3 applies" at the end; and

(c) in rule 3, by striking out everything after "disqualification order," and substituting "the suspension and disqualification period set out in rule 2 is increased by four days.".

11(4)   Clause 263.1(8)(b) is replaced with the following:

(b) the suspension and disqualification order must state

(i) that the suspension period is not less than seven days beginning on the day on which the order is served or, if rule 3 of subsection (7) applies, is not less than eleven days beginning on the day on which the order is served,

(ii) that the suspension period may be longer, as determined under subsection (7), based on the number of previous licence suspension and disqualification orders served on the recipient in the 10-year period ending when the order is served, and

(iii) that the registrar will confirm the length of the suspension period by letter as soon as practicable;

12   Subclause 263.2(7)(g)(ii) is amended by striking out everything after "presence of a drug".

13(1)   Subsection 264(1) is amended, in the part before the first definition, by striking out "and in section 264.1".

13(2)   The section heading for subsection 264(1.2.3) is replaced with "Suspension for two designated impaired offences".

14   Section 264.1 is repealed.

15   The Division heading before section 269 is replaced with "LICENCE AND REGISTRATION SUSPENSIONS AND APPEALS".

16(1)   Subsection 279(3.1) is amended

(a) by striking out "section 264.1" and substituting "section 279.4 or 279.5"; and

(b) by striking out "imposed under that section".

16(2)   Subsection 279(23.1) is amended by striking out "subsection 31(7) of this Act or".

17   The following is added after section 279 and before the centred heading that follows it:

DIVISION III

DRIVING RESTRICTIONS RELATING TO ALCOHOL

18(1)   Subsection 279.1(1) of the English version is amended in subclause (c)(ii) of the definition "restricted licence" by striking out "suspension relating to alcohol screening or BAC of .05 or more" and substituting "administrative suspension relating to alcohol or drugs".

18(2)   The following is added after subsection 279.1(1.2):

When subsection (1.2) does not apply

279.1(1.2.0.1)   Subsection (1.2) does not apply to

(a) a person who, at the time the person's licence suspension or driving disqualification expires or is revoked, is permitted by the appeal board to drive a vehicle without ignition-interlock conditions under subsection 279(25) or (32); or

(b) a person required to participate in an ignition-interlock program under any of clauses (1.2.1)(a) to (a.3) in relation to the incident that resulted in the conviction.

18(3)   Subsection 279.1(1.2.1) is amended

(a) in the section heading, by striking out "suspension relating to alcohol screening or BAC of .05 or more" and substituting "administrative suspension relating to alcohol or drugs"; and

(b) by replacing clause (a) with the following:

(a) the ground set out in clause 263.1(2)(a) (blood alcohol equal to or over .08);

(a.1) the ground set out in clause 263.1(2)(b) (concentration of drugs in blood equals or exceeds prescribed amount);

(a.2) the ground set out in clause 263.1(2)(c) (concentration of alcohol and drugs in blood equal or exceeds prescribed amount);

(a.3) the ground set out in clause 263.1(2)(d) (refusal to comply with demand);

19   The following is added after section 279.3 as part of Part VII:

ALCOHOL PROHIBITIONS

Definition

279.4(1)   In this section, "impaired offence" means an offence

(a) described in clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1);

(b) described in clause (a) or subclause (a.2)(i) of the definition "Category B offence" in subsection 264(1); or

(c) committed before December 18, 2018, under the following provisions of the Criminal Code as they read at the time the offence was committed:

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

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

(iii) paragraph 253(3)(a) (operation while impaired — blood drug concentration),

(iv) paragraph 253(3)(c) (operation while impaired — blood alcohol and drug concentration),

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

(vi) subsection 255(2) (impaired driving causing bodily harm),

(vii) subsection 255(2.1) (blood concentration equal to or over legal limit — bodily harm),

(viii) subsection 255(2.2) (failure or refusal to provide sample — bodily harm),

(ix) subsection 255(3) (impaired driving causing death),

(x) subsection 255(3.1) (blood concentration equal to or over legal limit — death),

(xi) subsection 255(3.2) (failure or refusal to provide sample — death).

Alcohol prohibition — impaired driving conviction

279.4(2)   A person convicted of an impaired offence must not 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 for a time period that

(a) begins on the date of the conviction that gives rise to the prohibition; and

(b) ends when, following the expiry of the licence suspension or driving disqualification arising from the conviction, the person has held a valid licence for

(i) two years, or

(ii) a cumulative period that equals two years if the person does not hold the licence without interruption.

Lifetime alcohol prohibition for second offence

279.4(3)   A person convicted of two unrelated impaired offences committed within a 10-year period must not 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 for the remainder of their life.

Transition and retrospective application — one offence

279.4(4)   Subsection (2) applies in respect of an offence committed before the coming into force of this section as long as the conviction occurs after the coming into force of this section.

Transition and retrospective application — two offences

279.4(5)   Subsection (3) applies in respect of offences committed before the coming into force of this section as long as at least one of the convictions for the offences occurs after the coming into force of this section.

Transition for alcohol prohibitions arising before this section comes into force

279.4(6)   A person subject to an alcohol prohibition under section 264.1 as it read immediately before the coming into force of this section is deemed to be subject to an alcohol prohibition under this section, including for the purpose of section 242.1 (vehicle impoundment) and section 263.1 (licence suspension), except that the commencement and duration of the prohibition is to be determined in accordance with section 264.1 as it read immediately before the coming into force of this section.

Deemed conviction re certain offences

279.4(7)   If a person pleads guilty or is found by the court to be guilty of having committed an 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.

Interpretation

279.4(8)   For certainty, this section applies to a person who is or was convicted of an 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).

Alcohol prohibition — FAIL or refuse alcohol screening

279.5(1)   The following persons must not, for the period set out in subsection (2), 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:

(a) a person served with a suspension and disqualification order based on the ground set out in clause 263.1(2)(d) (refusal to comply with demand) if

(i) the refusal related to a demand under subsection 320.27(1) or (2) of the Criminal Code to provide a sample of breath for analysis by means of an approved screening device, and

(ii) the person was not charged under section 320.15 of the Criminal Code in respect of the refusal;

(b) a person served with a suspension and disqualification order based on the ground set out in clause 263.1(2)(f.1) (calibrated screening device registering a FAIL).

Period of alcohol prohibition

279.5(2)   An alcohol prohibition under this section

(a) begins on the date that the suspension and disqualification order is served on the person; and

(b) subject to subsection (3), ends when the person, after being served with the suspension and disqualification order, has held a valid licence for

(i) two years, or

(ii) a cumulative period that equals two years if the person does not hold the licence without interruption.

Prohibition ends if suspension revoked

279.5(3)   An alcohol prohibition under this section ends if the registrar revokes the suspension and disqualification order under section 263.2.

Consequential amendments, C.C.S.M. c. D104

20(1)   The Drivers and Vehicles Act is amended by this section.

20(2)   Subsection 1(1) is amended, in clause (b) of the definition "driver's licence", by striking out "31(7),".

20(3)   Subsection 28(2) is amended by replacing the section heading with "Issuing a licence without an examination".

20(4)   The following is added after subsection 28(3):

Refusal to issue without examination

28(4)   The registrar may, in the registrar's absolute discretion, refuse to issue a licence of any class to any person unless that person passes an examination as provided in section 26.

20(5)   Subsection 29(4) is amended by adding "or The Highway Traffic Act" after "this Act".

Coming into force

21   This Act comes into force on a day to be fixed by proclamation.