The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

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S.M. 2022, c. 18

Bill 21, 4th Session, 42nd Legislature

The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

Highway Traffic Act

Part 1 of this Bill amends The Highway Traffic Act in two respects.

Municipalities are authorized to designate a street as a shared street in which drivers, pedestrians, cyclists and other users have equal priority and must share the road. A shared street must not have a speed limit of more than 20 km/h.

Traffic-related pilot projects may be established by regulation under The Highway Traffic Act. A project may enable the operation of vehicles not currently street-legal within the restrictions set by the pilot project.

Manitoba Public Insurance Corporation Act

Part 2 enables the personal injury protection plan under The Manitoba Public Insurance Corporation Act to be extended to the operators of vehicles that are part of a pilot project.

If a pilot project vehicle is insured by someone other than MPI, the corporation may recover the amounts it pays out for property damage and personal injury benefits resulting from an at-fault accident caused by the vehicle.

Other amendments

Amendments are made to The Drivers and Vehicles Act and The Off-Road Vehicles Act to govern the manner in which those Acts apply to a traffic-related pilot project.

(Assented to June 1, 2022)

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

PART 1

THE HIGHWAY TRAFFIC ACT

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

1

The Highway Traffic Act is amended by this Part.

2

Subsection 1(1) is amended by adding the following definition:

"shared street" means a roadway or part of a roadway designated as a shared street in accordance with section 152.1; (« rue partagée »)

3

The following is added after section 152 and before Part V:

DIVISION IV.1

SHARED STREETS

Designation of shared street

152.1(1)

A traffic authority may designate a roadway or portion of a roadway under its jurisdiction as a shared street.

Purpose of shared street

152.1(2)

The purpose of a shared street is to provide a shared space with equal access to all of the following:

(a) pedestrians;

(b) persons riding bicycles or power-assisted bicycles or using recreational equipment;

(c) persons using motorized mobility aids;

(d) drivers of motor vehicles.

Designation may be permanent or temporary

152.1(3)

A shared street designation may be permanent or limited to specific times of the year, specific days of the month or week or specific hours of the day.

Speed limit not to exceed 20 km/h

152.2

A traffic authority must fix a speed limit for a shared street that does not exceed 20 km/h.

Traffic control devices

152.3(1)

A traffic authority that designates a shared street must indicate the designation by traffic control devices erected in accordance with the regulations.

Barricades

152.3(2)

A traffic authority that designates a shared street may erect barricades to limit or slow down motor vehicle traffic on the shared street.

Rules for shared street

152.4(1)

On a shared street,

(a) pedestrians and drivers of motor vehicles, bicycles and motorized mobility aids have equal rights and equal priority;

(b) persons using the shared street must not hinder, delay or intimidate anyone using the shared street, regardless of each person's mode of transportation; and

(c) pedestrians are exempt from the requirement to use a sidewalk or to cross the street at a crosswalk.

Conflict

152.4(2)

If a rule for a shared street is inconsistent with another provision of this Act or the regulations, the rule for a shared street prevails.

4

The following is added after Part VIII.1:

PART VIII.2

PILOT PROJECTS

Pilot projects

318.16(1)

The Lieutenant Governor in Council may, by regulation, establish or authorize a pilot project to evaluate any matter governed by this Act or the regulations.

Pilot project may conflict

318.16(2)

Under a pilot project,

(a) any person or class of persons may be authorized to do something otherwise prohibited, or be exempted from having to do something otherwise required, under this Act or the regulations; and

(b) the minister may be authorized or required to do anything not authorized or required under this Act or the regulations, or to do something that is authorized or required in a different manner than the manner that is authorized or required.

Limit to classes

318.16(3)

An authorization or requirement under a pilot project may be limited to

(a) any class of persons or class or type of vehicles, equipment, devices or highways;

(b) any geographic area;

(c) any time of year or day; or

(d) any specific use, matter or other thing.

Regulation may create scheme or rules

318.16(4)

A regulation for a pilot project may establish a scheme or rules for a pilot project and may, for that purpose,

(a) prohibit or restrict the doing of anything or the use of any thing; and

(b) govern the application of, or make an addition, change or substitution to, this Act or the regulations as they apply to the pilot project.

Insurance or financial security

318.17(1)

A regulation for a pilot project may require a person or class of persons to carry insurance, or to provide financial security, of a type and in an amount specified.

Insurance through Manitoba Public Insurance

318.17(2)

 A regulation for a pilot project may authorize the requirement for insurance or financial security to be fulfilled by way of a plan within the meaning of The Manitoba Public Insurance Corporation Act if The Manitoba Public Insurance Corporation has established such a plan.

Time limit

318.18

A regulation for a pilot project must state that the regulation is revoked on a specific date or after a specific period of time, which must not be more than ten years after the regulation comes into force.

Regulation prevails

318.19

Subject to the following provisions, if a regulation for a pilot project is inconsistent with any other enactment, the regulation for the pilot project prevails:

(a) subsection 149.2(4) of The Drivers and Vehicles Act;

(b) subsection 44.1(4) of The Off-road Vehicle Act.

PART 2

THE MANITOBA PUBLIC INSURANCE
CORPORATION ACT

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

5

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

6

Subsection 1(1) is amended by adding the following definition:

"pilot project vehicle" means a vehicle that is operated as part of a pilot project established or authorized by a regulation made under Part VIII.2 of The Highway Traffic Act; (« véhicule visé par un projet pilote »)

7

Subclause 26(2)(a)(iii.1) is amended by adding "or pilot project vehicle" after "test vehicle".

8

The following is added after clause 33(1)(b.1):

(b.2) exempting a pilot project vehicle or class of pilot project vehicles from being required to be insured under a plan of universal compulsory automobile insurance, or from being insurable under the plan;

9(1)

Subsection 48(1.1) is amended in the section heading by striking out "Exemption" and substituting "Exception".

9(2)

The following is added after subsection 48(1.1):

Exception re pilot project vehicles

48(1.2)

Clause (1)(b) does not apply to a pilot project vehicle if

(a) the regulation establishing or authorizing the pilot project does not require insurance or financial security for the vehicle; or

(b) the registrar is satisfied that the insurance and financial security requirements for the vehicle are met.

10

The following is added after subclause 71(2)(b)(iv):

(iv.1) a pilot project vehicle to which the application of this Part is not extended under the regulations,

11

Section 202 is amended by renumbering clause (g.1) as clause (g.2) and adding the following before clause (g.2):

(g.1) extending the application of this Part to a class or type of pilot project vehicles;

PART 3

RELATED AMENDMENTS AND
COMING INTO FORCE

RELATED AMENDMENTS

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

12

The following is added after section 149.1 of The Drivers and Vehicles Act and before Part 8.1:

PILOT PROJECTS

Pilot projects under Highway Traffic Act

149.2(1)

A regulation under Part VIII.2 of The Highway Traffic Act may establish or authorize a pilot project to evaluate any matter governed by this Act or the regulations.

Pilot project may conflict

149.2(2)

Under a pilot project established or authorized by regulation under Part VIII.2 of The Highway Traffic Act,

(a) any person or class of persons may be authorized to do something otherwise prohibited, or be exempted from having to do something otherwise required, under this Act or the regulations; and

(b) the minister may be authorized or required to do anything not authorized or required under this Act or the regulations, or to do something that is authorized or required in a different manner than the manner that is authorized or required.

Pilot project prevails over this Act

149.2(3)

Subject to subsection (4), in the event of a conflict between a regulation for a pilot project made under Part VIII.2 of The Highway Traffic Act and any provision of this Act or the regulations, the regulation for the pilot project prevails.

Minister responsible for this Act must concur with alterations

149.2(4)

A regulation for a pilot project under Part VIII.2 of The Highway Traffic Act that conflicts with a provision of this Act or the regulations may be made only on the recommendation of the minister.

C.C.S.M. c. O31 amended

13

The following is added after section 44 of The Off-Road Vehicles Act and before Part IV:

Pilot projects under Highway Traffic Act

44.1(1)

A regulation under Part VIII.2 of The Highway Traffic Act may establish or authorize a pilot project to evaluate any matter governed by this Act or the regulations.

Pilot project may conflict

44.1(2)

Under a pilot project established or authorized by regulation under Part VIII.2 of The Highway Traffic Act,

(a) any person or class of persons may be authorized to do something otherwise prohibited, or be exempted from having to do something otherwise required, under this Act or the regulations; and

(b) the minister may be authorized or required to do anything not authorized or required under this Act or the regulations, or to do something that is authorized or required in a different manner than the manner that is authorized or required.

Pilot project prevails over this Act

44.1(3)

Subject to subsection (4), in the event of a conflict between a regulation for a pilot project made under Part VIII.2 of The Highway Traffic Act and any provision of this Act or the regulations, the regulation for the pilot project prevails.

Minister responsible for this Act must concur with alterations

44.1(4)

A regulation for a pilot project under Part VIII.2 of The Highway Traffic Act that conflicts with a provision of this Act or the regulations may be made only on the recommendation of the minister.

COMING INTO FORCE

Coming into force — royal assent

14(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

14(2)

Section 3 comes into force on a day to be fixed by proclamation.