3rd Session, 43rd Legislature

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Bill 42

THE MOTOR VEHICLE STATUTES AMENDMENT ACT

(Assented to                                         )

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

PART 1
THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

1   The Drivers and Vehicles Act is amended by this Part.

2   Subclauses 37(1)(b)(i) and (3)(c)(i) are amended by striking out "the registration certificate" and substituting "the proof of registration".

3   Subsection 53(1) is replaced with the following:

Definition of "antique motor vehicle"

53(1)   In this section, "antique motor vehicle" means an antique motor vehicle as defined in the regulations.

4   The following is added after clause 68(1)(k):

(k.1) defining "antique motor vehicle" for the purpose of section 53;

5   The following is added before section 95 and after the centred heading that precedes it:

Definition of "driver training school"

94.2   In this Part and section 123, "driver training school" means a school operated by a person who holds a valid driver training school permit issued under this Part.

6   Subsection 95(1) of the French version is amended by striking out "aux règlements" and substituting "à la présente partie".

7   The following is added after section 95 and before the centred heading that follows it:

Written contract

95.1   A contract for instruction in driving a class of motor vehicle prescribed in the regulations between a prospective student and the holder of a driver training school permit must be in writing and must include

(a) the terms and conditions specified in the regulations;

(b) if applicable, notice of the right of cancellation under section 95.2; and

(c) any other information prescribed in the regulations.

Right to cancel contract

95.2(1)   A contract for instruction in driving a class of motor vehicle prescribed in the regulations between a prospective student and the holder of a driver training school permit may be cancelled by the student by giving written notice to the permit holder, in accordance with the regulations, on or before the earlier of the following:

(a) seven days after entering into the contract;

(b) the beginning of the driving instruction.

Effective date of cancellation

95.2(2)   The contract is cancelled when the notice of cancellation is received by the permit holder.

Effect of cancellation

95.2(3)   If the contract is cancelled by the prospective student in accordance with this section,

(a) the prospective student must return to the permit holder any goods received under the contract, and all other obligations of the student under the contract are extinguished; and

(b) as soon as practicable after receiving the notice of cancellation, the permit holder must, in the manner prescribed by regulation, repay to the prospective student any money already paid to the permit holder under the cancelled contract.

Information to public

95.3(1)   The holder of a driver training school permit who provides instruction in driving a class of motor vehicle prescribed in the regulations must make the following information available to the public, in the manner prescribed by regulation:

(a) the courses and programs of instruction offered by the permit holder;

(b) the fees, including application, administrative, tuition and other fees to be paid by students;

(c) the permit holder's tuition refund policy;

(d) any additional information required by the regulations.

False advertising

95.3(2)   A holder of a driver training school permit must not engage in advertising, or make a representation, that is false, deceptive or misleading.

Annual reporting to the registrar

95.4   The holder of a driver training school permit who provides instruction in driving a class of motor vehicle prescribed in the regulations must provide, at the time and in the form and manner that the registrar requires,

(a) an annual report containing

(i) the permit holder's financial statements for the previous fiscal year, and

(ii) information respecting the permit holder's courses and programs of instruction; and

(b) any other information that the registrar requests.

Public registry

95.5   The registrar must maintain a public registry, published on the administrator's website, containing the information prescribed in the regulations about holders of driver training school permits.

8   Clause 123(1)(e) is amended by striking out "and" at the end of subclause (iii) and adding the following after subclause (iv):

(v) the classes of motor vehicles in respect of which a contract for instruction in driving must be in writing and the terms and conditions, notices and information that must be included in the contract,

(vi) the classes of motor vehicles in respect of which a contract for instruction in driving may be cancelled under section 95.2,

(vii) the manner in which a person must give notice to cancel a contract under section 95.2,

(viii) the information that a holder of a driver training school permit must make available under section 95.3, including when and how the information must be made available,

(ix) the driving instruction in respect of which a holder of a driver training school permit must provide information to the registrar under section 95.4, and

(x) the public registry under section 95.5, including the information to be kept in the registry and the information to be publicly available in the registry;

9(1)   Subsections 140(3), (4) and (5) are amended by striking out "motor vehicle" wherever it occurs and substituting "vehicle".

9(2)   Subsection 140(6) of the French version is amended by striking out "automobile".

Application

10   Sections 95.1 and 95.2 of The Drivers and Vehicles Act, as enacted by section 7 of this Act, do not apply in respect of a course of instruction in driving that began before the coming into force of this section.

Related amendment, C.C.S.M. c. P137

11(1)   The Private Vocational Institutions Act is amended by adding the following after clause 2(c):

(c.1) a driver training school operated by the holder of a driver training school permit issued under The Drivers and Vehicles Act;

Transitional

11(2)   The Private Vocational Institutions Act, as it read immediately before the coming into force of this section, continues to apply — including any provision relating to investigations, prosecutions or penalties — in respect of a course of instruction in driving that began before the coming into force of this section.

Consequential amendments, C.C.S.M. c. O31

12   Subsection 22(1) and clauses 22(3)(a) and 66(3)(a) of The Off-Road Vehicles Act are amended by striking out "registration certificate" wherever it occurs and substituting "registration card".

Conditional amendments, S.M. 2022, c. 39 (unproclaimed provisions amended)

13(1)   If section 4 of this Act comes into force before clause 15(b) of The Drivers and Vehicles Amendment, Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act, S.M. 2022, c. 39, comes into force, then clause 15(b) of that Act is replaced with the following:

(b) by adding the following after clause (k.1):

(k.2) authorizing the purposes for and manner in which a person may drive a motor vehicle registered in a registration class for antique motor vehicles;

13(2)   If section 4 of this Act comes into force after clause 15(b) of The Drivers and Vehicles Amendment, Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act, S.M. 2022, c. 39, comes into force, then clause 68(1)(k.1) of The Drivers and Vehicles Act is renumbered as clause 68(1)(k.2).

PART 2
THE HIGHWAY TRAFFIC ACT

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

14   The Highway Traffic Act is amended by this Part.

15   Clause 4.3(2)(b) is amended by striking out "the certificate of registration" and substituting "the proof of registration".

16   Subsection 180(2) is replaced with the following:

Authorized use of farm truck

180(2)   A farm truck may be used by its registered owner, or by a member of the owner's family or an employee of the owner, to transport the following:

(a) produce or products, including livestock, of the owner's farm;

(b) commodities or other property for use on the owner's farm;

(c) produce or products of a farm, other than

(i) milk and eggs belonging to another farmer, and

(ii) livestock belonging to another farmer unless the livestock is being transported to or from a farm, pasture or agricultural exhibition or fair and the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms;

(d) passengers;

(e) property for use by the owner, or a member of the owner's family or an employee of the owner, if

(i) the registered gross weight of the farm truck is less than 5,500 kilograms, and

(ii) the property is not for use in a business or for any other commercial purpose, other than a business or commercial purpose that is limited to the operations referred to in clauses (a) to (g) of the definition "farmer" in subsection 1(1);

(f) property belonging to another farmer for use on that other farmer's farm.

For certainty, transporting property includes towing a trailer.

PART 3
THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

17   The Manitoba Public Insurance Corporation Act is amended by this Part.

18   Subsection 6(3) is amended by striking out "certificates of registration,".

19   Subsection 27(1) is amended by striking out "Infrastructure and Transportation and The" and substituting "Transportation and Infrastructure and the".

20   Section 35 is amended by striking out "such registration card, permit or certificate of registration" and substituting "such registration card or permit".

21   Section 47 is amended by striking out ", certificates of registration, licences, driver's licences, motorcycle operator's licences, chauffeur's licences and instruction permits" and substituting "and driver's licences".

22   Section 49 is amended by striking out "Any certificate of registration, registration card, permit, licence, driver's licence, chauffeur's licence, motorcycle operator's licence or instruction permit" and substituting "Any vehicle registration, permit or driver's licence".

23   The following is added after section 137.1 as part of Division 5:

Reimbursement of other persons for counselling expenses

137.2(1)   Subject to the regulations, a person who is not a victim is entitled to the reimbursement of expenses for counselling they received because

(a) the person is a family member of a victim who suffered serious injury or death in an accident; or

(b) the person witnessed an accident or the aftermath of an accident that resulted in serious injury to, or the death of, another person.

Reimbursement of expense paid by other person

137.2(2)   A person who pays an expense referred to in subsection (1) on behalf of another person is entitled to reimbursement of the expense.

24(1)   Subsection 155(1) is amended by striking out "The corporation shall" and substituting "The corporation may".

24(2)   Subsection 155(2) is replaced with the following:

Reimbursement paid to other person

155(2)   The corporation may, instead of reimbursing the victim or a person entitled to reimbursement under section 137.2, pay the amount of an expense that is payable under Division 5 or 6 directly to the person to whom it is due.

Application

25   Reimbursement of expenses for counselling under section 137.2 of The Manitoba Public Insurance Corporation Act, as enacted by section 23 of this Act, applies in respect of an accident that occurs on or after the day that section 23 comes into force.

PART 4
COMING INTO FORCE

Coming into force

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