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S.M. 2005, c. 31
Bill 34, 3rd Session, 38th Legislature
The Highway Traffic Amendment Act
(Assented to June 16, 2005)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Highway Traffic Act is amended by this Act.
The following is added after section 239.1:
Increased penalties for offences resulting in death
If a person's death results from the commission of an offence for which another person is convicted under subsection 239(1) or another provision of this Act, the convicting judge or justice may impose either or both of the following penalties:
(a) a fine in an amount that is not restricted to the maximum fine otherwise provided for the offence;
(b) a term of imprisonment of not more than two years.
This is despite section 239 or any other provision of this Act that sets out a penalty for the offence.
Licence suspension or disqualification
In addition to imposing a penalty under subsection (1) or under any other provision of this Act, the convicting judge or justice may
(a) suspend the person's licence for a term of not more than five years; or
(b) disqualify the person from holding a licence for a term of not more than five years if, at the time of the conviction,
(i) the person does not hold a licence, or
(ii) the person's licence is suspended or he or she is disqualified from holding a licence.
Limitation period — offences resulting in death
Despite any other provision of this Act or of any other Act, a prosecution for an offence described in subsection 239(1) or under another provision of this Act may be commenced not later than two years after the day on which the offence is alleged to have been committed, if
(a) a person's death is alleged to have resulted from the commission of the offence; or
(b) a person is alleged to have suffered a life-threatening injury as a result of the commission of the offence.
Section 240 is amended by striking out "or 239" and substituting ", 239 or 239.2".
The following is added after subsection 242.3(25):
Application to court to set aside forfeiture
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
In a hearing conducted under subsection (25.1), the justice may consider any evidence or information he or she considers relevant.
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.
An order under subsection (25.3) is effective once the justice issues it.
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
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
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.
Section 252 is amended by adding "or (6.1)" after "subsection 264(1.1)".
Subsection 264(1) is amended
(a) by replacing the part before the definition "Category A offence" with "In this section,";
(b) in the definition "Category B offence", by striking out "and" at the end of clause (a) and by adding the following after clause (a):
(a.1) an offence committed by means of, or in relation to, a motor vehicle or off-road vehicle under paragraph 253(a) or (b) or subsection 254(5) of the Criminal Code, if a person under the age of 16 years was a passenger in or on the motor vehicle or off-road vehicle at a time material to the offence,
(c) by adding the following definition:
"prostitution-related offence" means an offence under section 211, 212 or 213 of the Criminal Code if the offender drives a motor vehicle during the course of committing the offence. (« infraction se rapportant à la prostitution »)
The following is added after subsection 264(6):
Suspension for prostitution-related offences
The licence and right to have a licence of a person convicted of a prostitution-related offence is suspended, and the person is disqualified from driving a motor vehicle and operating an off-road 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 prostitution-related offence 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 prostitution-related offence for which he or she was also convicted.
Subsection 264(7) is amended by adding "or (6.1)" after "(1.1)".
This Act comes into force on a day to be fixed by proclamation.