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S.M. 2010, c. 26
Bill 28, 4th Session, 39th Legislature
The Drivers and Vehicles Amendment Act
(Assented to June 17, 2010)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Drivers and Vehicles Act is amended by this Act.
The following is added after section 106:
PUBLISHING ADMINISTRATIVE DECISIONS
The following definitions apply in this section.
"administrative decision" means any of the following:
(a) a decision by the registrar under clause 104(1)(a) to carry out a proposal to suspend, cancel or refuse to renew a permit;
(b) a decision by the registrar under clause 104(1)(b) to confirm the refusal to renew a permit, or to confirm the suspension of a permit and to cancel or further suspend it;
(c) a decision by the registrar under clause 104(1)(d) to vary the conditions of a permit or to take any other action in respect of a permit holder that clause 104(1)(d) authorizes the registrar to take;
(d) a decision by the administrator under the regulations to take an action that is similar to an action described in any of clauses (a) to (c) and that is authorized by the regulations. (« décision administrative »)
"permit holder" means a person who holds any of the following:
(a) a driver training school permit issued under section 95;
(b) a driving instructor's permit issued under section 95;
(c) a dealer's permit issued under section 96;
(d) a salesperson's permit issued under section 96;
(e) a recycler's permit issued under section 97;
(f) an inspection station operator's permit issued under the regulations;
(g) a qualified mechanic's permit issued under the regulations. (« titulaire de permis »)
"regulations", except in subclause (2)(f)(ii), means regulations made under any of clauses 123(1)(u) to (y). (« règlements »)
Publishing actions taken against permit holders
After an administrative decision is made in respect of a permit holder, the registrar may publish the following information about the decision:
(a) the type of permit;
(b) the details of the suspension, including length and expiration date, of the cancellation or refusal to renew or of the variation of conditions or other action taken in respect of the permit holder;
(c) a general statement of the act done by, or the failure on the part of, the permit holder in respect of which the administrative decision was made;
(d) the permit holder's name and business address;
(e) the name in which the permit holder carries on business if it is different from the name in which the permit is issued;
(f) such other information about the administrative decision as is
(i) necessary for it to be properly understood by members of the public, and
(ii) prescribed in the regulations made under clause 123(1)(y.1).
Publication of personal information
Publication under this section of the name and business address of a permit holder who is an individual may be made despite The Freedom of Information and Protection of Privacy Act.
Restriction on publication of certain information
Information published under this section must not include information about a person that
(a) except as permitted by clause (2)(d), is personal information; or
(b) is personal health information.
Publication regardless of appeal
The registrar may publish information about an administrative decision without delay after the decision is made, whether or not the permit holder has appealed the decision or indicated an intention to appeal it.
If the permit holder appeals the administrative decision, the registrar must, in the same manner as the initial publication under subsection (2),
(a) publish that the appeal has been made as soon as practicable after being notified about that fact;
(b) publish that the appeal stays the registrar's decision — if that is the case — as soon as practicable after the stay goes into effect or the registrar is notified about the stay, whichever is later; and
(c) publish the effect of the appeal decision on the registrar's decision as soon as practicable after being notified about the appeal decision.
The following is added after clause 123(1)(y):
(y.1) for the purposes of section 106.1,
(i) respecting the registrar's publication of information about administrative decisions, and
(ii) prescribing additional information that may be published about an administrative decision for the purpose of the public's proper understanding of it;
This Act comes into force on the day it receives royal assent.