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S.M. 2022, c. 21
Bill 27, 4th Session, 42nd Legislature
The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)
This note was written as a reader's aid to the Bill and is not part of the law.
This Bill amends The Highway Traffic Act with respect to alternative measures under the Criminal Code.
The Criminal Code allows for charges to be diverted out of the criminal justice system by allowing an accused to agree to alternative measures to avoid a possible conviction.
If a person alleged to have committed an impaired driving offence is dealt with by alternative measures, the Attorney General must provide written notice to the Registrar of Motor Vehicles. The registrar must issue a restricted licence to the person that only permits the person to drive a vehicle equipped with an ignition-interlock device for a specific period of time.
(Assented to June 1, 2022)
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.
Subsection 1(1) is amended by adding the following definition:
"alternative measures" means alternative measures authorized under paragraph 717(1)(a) of the Criminal Code; (« mesures de rechange »)
The following is added after section 259:
NOTICE OF ALTERNATIVE MEASURES
Notice re alternative measures for impairment offences
The Attorney General, or a person designated by the Attorney General for this purpose, must provide written notice to the registrar of the following persons, if any, who are dealt with by alternative measures:
(a) a person alleged to have committed an offence under subsection 320.14(1) of the Criminal Code (operation while impaired);
(b) a person alleged to have committed an offence under subsection 320.15(1) of the Criminal Code (failure or refusal to comply with demand).
The written notice must be in the form required by the registrar and set out
(a) the name, address and date of birth of the person alleged to have committed the offence;
(b) a statement as to whether the person holds a valid driver's licence or out-of-province driving permit and, if so, the number of the licence or permit, its expiration date and, in the case of an out-of-province driving permit, the name of the jurisdiction that issued the permit;
(c) if applicable, the number plate of the vehicle used to commit the alleged offence and the name of the jurisdiction that issued the number plate;
(d) the nature of the alleged offence and the specific provision of the Criminal Code the person is alleged to have contravened;
(e) the date and approximate time of the alleged offence; and
The definition "restricted licence" in subsection 279.1(1) is amended by replacing clause (c) with the following:
(c) is issued by the registrar in accordance with any of the following provisions and, except as permitted by subsection (1.4), restricts the holder to driving a motor vehicle that is equipped with an approved ignition-interlock device:
(i) subsection 279.1(1.2) (restricted licence after conviction for designated offence),
(ii) subsection 279.1(1.2.1) (restricted licence after suspension relating to alcohol screening or BAC of .05 or more),
(iii) subsection 279(1.2.3) (restricted licence after alternative measures for impaired driving offence).
The following is added after subsection 279.1(1.2.2):
Restricted licence after alternative measures for impaired driving offence
279.1(1.2.3) When a person alleged to have committed an offence under any of the following provisions of the Criminal Code is dealt with by alternative measures, the registrar may issue only a restricted licence to the person during the applicable period prescribed in the regulations:
(a) subsection 320.14(1) (operation while impaired);
(b) subsection 320.15(1) (failure or refusal to comply with demand).
Clause 279.1(1.4)(a) is amended by striking out "subsection (1.2) or (1.2.1)" and substituting "subsection (1.2), (1.2.1) or (1.2.3)".
Subsection 279.1(5.1) is amended by striking out "subsection (1.2), (1.2.1) or (1.3)" and substituting "subsection (1.2), (1.2.1), (1.2.3) or (1.3)".
Subsection 279.1(7) is amended
(a) in clause (b.1), in the part before subclause (i), by striking out "or (1.2.1)"; and
(b) by adding the following after clause (b.1):
(b.2) for the purpose of subsection (1.2.1) or (1.2.3), prescribing periods during which the registrar may issue only a restricted licence to a person, including
(i) establishing a process for or manner of determining when the period begins, and
(ii) requiring that the period ends only once the person has held the restricted licence and participated in the ignition-interlock program for a specified amount of time;
This Act comes into force on a day to be fixed by proclamation.