8 S.M. 2022, c. 39 The Drivers and Vehicles Amendment, Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act
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S.M. 2022, c. 39

Bill 14, 4th Session, 42nd Legislature

The Drivers and Vehicles Amendment, 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.

This Bill amends several statutes to make changes to Manitoba's driver licensing, vehicle registration and vehicle insurance framework.

The Drivers and Vehicles Act is amended to

prohibit a new resident who holds an international driver's licence from driving a heavy vehicle or bus, unless their licence is issued by a jurisdiction in Canada or the United States;

ensure that the Registrar of Motor Vehicles can issue a temporary driver's licence while an application is being verified or a permanent licence is being created;

allow a driver's licence or identification card to be issued in either physical or electronic format;

authorize the Registrar to specify the types of identification necessary for obtaining a driver's licence or identification card;

enable a student who drives an out-of-province vehicle while studying in Manitoba to do so without displaying a student sticker;

clarify when an out-of-province business may register a motor vehicle or off-road vehicle in Manitoba;

enable restrictions on the use of an antique vehicle plate, dealer plate or repairer plate to be set by regulation;

enable a database to be established and used to check the validity of a driver's licence;

move the requirement for an inspection certificate to be issued by a qualified mechanic from The Highway Traffic Act to The Drivers and Vehicles Act.

The Highway Traffic Act is amended to

increase the minimum amount of required automotive third-party liability insurance from $200,000 to $500,000;

enable regulations to specify the procedure for surrendering a licence, permit or registration issued in electronic format.

The Manitoba Public Insurance Corporation Act is amended to

clarify the ability of Manitoba Public Insurance to take into account a person's claims history;

enable Manitoba Public Insurance to establish and implement driver premiums based on the approval of the Public Utilities Board, without the need to specify them in regulations;

authorize the issuance of coverage under a blanket certificate (for example, a policy issued to a ride-sharing company that supplements a vehicle owner's insurance policy when the owner drives for the company).

Consequential amendments are made to The Insurance Act.

(Assented to November 3, 2022)

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   Subsection 1(1) is amended

(a) in the definition "driver's licence", by striking out "subsection 29(3)" in clause (b) and substituting "subsection 11(2.1) or 29(3)";

(b) in the definition "valid", by striking out "student identification sticker or other sticker" and substituting "sticker"; and

(c) by adding the following definition:

"inspection certificate" means a certificate that, under this Act or the regulations, is required to be issued by a qualified mechanic in respect of a vehicle inspection. (« certificat d'inspection »)

3(1)   Section 7 is amended

(a) by adding ", but subject to subsection (2)" after "of this Part"; and

(b) in the English version,

(i) by striking out "him or her" and substituting "them", and

(ii) by striking out "he or she becomes" and substituting "they become".

3(2)   Section 7 is further amended by renumbering it as subsection 7(1) and adding the following as subsection 7(2):

Application to regulated vehicles

7(2)   Subsection (1) does not authorize a person to drive a regulated vehicle unless the person's out-of-province driving permit is issued in a province or territory of Canada or in a state of the United States.

4   Clause 10(1)(b) is amended by striking out everything after "licence".

5(1)   Subsection 11(1) of the English version is amended, in the part before clause (a), by striking out "physical".

5(2)   The following is added after subsection 11(2):

Temporary driver's licence

11(2.1)   The registrar may issue a temporary driver's licence to an applicant for a driver's licence for a period of not more than 45 days for one of the following purposes:

(a) to enable the applicant to drive a vehicle while their driver's licence is made;

(b) to allow the registrar to verify the applicant's eligibility and qualification to hold a driver's licence, including verifying the authenticity of any required documents provided by the applicant.

5(3)   Clause 11(4)(b) is amended by striking out "physical".

6   Subsection 12(2) is amended, in the part before clause (a), by striking out ", on request and in accordance with the regulations,".

7   Subsection 29(3) is amended

(a) in the section heading, by adding "after suspension or cancellation" at the end; and

(b) by adding "to a person whose driver's licence has been suspended or cancelled" after "temporary driver's licence".

8   Subsection 32(1) is amended

(a) in clause (b.1) of the English version, by striking out "physical"; and

(b) by repealing clauses (c) and (c.1).

9   Subsection 37(3) is amended by adding "and" at the end of clause (b), striking out "and" at the end of clause (c) and repealing clause (d).

10   Subsection 38(2) is amended by striking out "or prescribed in the regulations under that Act".

11(1)   Clause 40(1)(b) is replaced with the following:

(b) who

(i) is a person resident in Manitoba,

(ii) satisfies the registrar that the vehicle will be used primarily in Manitoba in connection with the operation of a business, or

(iii) is eligible to register the vehicle in Manitoba under the International Registration Plan.

11(2)   Subsection 40(6) is amended by striking out "or prescribed in the regulations under that Act".

12   Subsection 53(2) is amended by striking out everything after "other than" and substituting "for a purpose and in a manner authorized under the regulations.".

13   Subsection 64(2) is replaced with the following:

Use of dealers' number plates generally

64(2)   No person shall attach a dealer's number plate to a vehicle except when permitted to do so by the regulations.

14   Subsection 65(2) is replaced with the following:

Use of repairers' number plates generally

65(2)   No person shall attach a repairer's number plate to a vehicle except when permitted to do so by the regulations.

15   Subsection 68(1) is amended

(a) by repealing clause (h);

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

(k.1) authorizing the purposes for and manner in which a person may drive a motor vehicle registered in a registration class for antique motor vehicles;

(c) by adding the following after clause (m):

(m.1) respecting the use of dealers' number plates and repairers' number plates;

16   Clause 72(2)(b) is amended by striking out "or prescribed in the regulations under that Act".

17   Subclause 74(1)(b)(ii) is replaced with the following:

(ii) satisfies the registrar that the vehicle will be used primarily in Manitoba in connection with the operation of a business.

18   The centred heading before section 124 in the French version is amended by striking out "période d'immatriculation" and substituting "immatriculation".

19(1)   Subsection 124(1) is amended

(a) in the French version of the section heading, by striking out "période d'immatriculation" and substituting "immatriculation"; and

(b) by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) the period of time during which a person who holds a valid out-of-province driving permit may drive a motor vehicle in Manitoba without obtaining a driver's licence under this Act; or

(d) the period of time during which a person may drive a motor vehicle registered outside Manitoba without registering it under this Act.

19(2)   Subsection 124(4) is amended by striking out "and the regulations made under that Act".

20   The following is added after section 126:

Definition

126.1(1)   In this section, "driver's licence number" means the unique alpha-numeric identifier associated with a particular driver's licence.

Searchable database

126.1(2)   The registrar may establish and maintain a searchable database that may be used by a person or body to verify, for a particular Manitoba driver's licence number,

(a) whether the driver's licence associated with the number is valid or invalid; and

(b) what, if any, conditions or restrictions are placed on the driver's licence associated with the number.

Consent not required

126.1(3)   A person or body using the database may obtain the information referred to in subsection (2) without the consent of the person who holds or has held the driver's licence.

Restriction on other disclosure

126.1(4)   The database must not disclose to a person or body using the database the name or address of the person associated with a driver's licence number being searched, nor any other personal information not set out in subsection (2).

21   Clause 141(2)(b) of the English version is amended by adding "mechanic" after "qualified".

22   The following is added after section 141 and before the centred heading "Inspection of Unsafe Vehicles":

Inspection certificate by qualified mechanic

141.1(1)   Only a qualified mechanic may issue an inspection certificate.

Offences and penalty re inspection certificates

141.1(2)   A person who

(a) issues, or purports to issue, an inspection certificate if the person is not a qualified mechanic;

(b) issues an inspection certificate that is false or misleading or fails to disclose a material fact;

(c)  submits to the registrar an inspection certificate not issued by a qualified mechanic; or

(d) submits to the registrar an inspection certificate that is false or misleading or fails to disclose a material fact;

is guilty of an offence and is liable on conviction to a fine of not more than $5,000.

23   Subsection 150.2(1) is amended

(a) by replacing clause (a) of the French version with the following:

a) la présente en la forme qu'indique le registraire;

(b) in clause (b), by striking out everything after "identification card".

24(1)   Subsection 150.4(1) of the English version is amended, in the part before clause (a), by striking out "physical".

24(2)   Clause 150.4(4)(b) is amended by striking out "physical".

25   Subsection 150.5(2) is amended, in the part before clause (a), by striking out "on request and in accordance with the regulations".

26   Clause 150.17(1)(a) is amended

(a) by repealing subclauses (iii) and (iv); and

(b) in subclause (vii) of the English version, by striking out "physical".

PART 2

THE HIGHWAY TRAFFIC ACT

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

27   The Highway Traffic Act is amended by this Part.

28   Subsection 1(1) is amended

(a) in clause (b) of the definition "driver's licence", by striking out "subsection 29(3)" and substituting "subsection 11(2.1) or 29(3)"; and

(b) in the definition "valid", by striking out "student identification sticker or other sticker" and substituting "sticker".

29(1)   Subsection 160(4) is amended

(a) in clause (a), in the part before subclause (i), by striking out "$200,000." and substituting "$500,000";

(b) in subclause (b)(i), by striking out "$180,000." and substituting "$450,000"; and

(c) in subclause (b)(ii), by striking out "$20,000." and substituting "$50,000".

29(2)   Subsection 160(6) is amended by striking out "$200,000." and substituting "$500,000".

30   Clause 161(1)(c) is amended by striking out "the amount or value of $200,000." and substituting "an amount equal to the sum of the minimum amounts required".

31   Section 207.1 is repealed.

32   Subclause 270(5)(a)(iv) is amended

(a) by striking out "180,000." and substituting "$450,000";

(b) by striking out "$20,000." and substituting "$50,000"; and

(c) by striking out "$200,000." and substituting "$500,000".

33   The following is added after clause 319(11)(f):

(g) respecting the manner of surrendering a licence, permit or registration card issued in electronic format.

PART 3

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

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

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

35   Subsection 1(1) is amended

(a) by adding the following definition:

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

(b) in the definition "plan premium", by replacing everything after "and includes any" with the following:

(a) discount or additional amount established under subsection 6.1(3), and

(b) surcharge or rebate established under subsection 6.1(3.1);

36(1)   The following is added after subsection 6.1(3):

Surcharges and rebates

6.1(3.1)   Based on the loss experience in respect of a policy during a rating term, the corporation may establish a surcharge that must be paid by, or a rebate of premiums the corporation must pay to, an insured who is

(a) the owner of a motor vehicle or trailer insured as part of a fleet under a plan; or

(b) the holder of a blanket certificate issued by the corporation in accordance with section 6.7.

36(2)   Subsection 6.1(4) of the French version is replaced with the following:

Publication

6.1(4)   La Société publie les primes de régimes sur un site Web qu'elle maintient et prend des mesures raisonnables pour les rendre publiques d'une autre façon.

37   The following is added after section 6.4:

Driver premiums

6.5(1)   Subject to section 6.6, the corporation must establish

(a) base driver premiums; and

(b) additional driver premiums and discounted driver premiums based on a driver's placement on the driver safety rating scale.

Driver premium payable

6.5(2)   The amount payable by a person for a driver's certificate is one of the following, depending on the person's driver safety rating:

(a) the base driver premium;

(b) the base driver premium plus an additional driver premium; or

(c) the discounted driver premium.

Adjusted additional driver premiums

6.5(3)   If the Rates Appeal Board has fixed an adjusted additional driver premium under section 65, the person must pay the adjusted additional driver premium instead of the additional driver premium.

Publication

6.5(4)   The corporation must ensure that base driver premiums, additional driver premiums and discounted driver premiums are

(a) published on a website maintained by the corporation; and

(b) made publicly available through other reasonable means.

Driver premiums not regulations

6.5(5)   For certainty, the corporation's driver premiums are not regulations within the meaning of The Statutes and Regulations Act.

PUB approval of driver premiums

6.6(1)   A driver premium must not be changed, and no new driver premium may be established by the corporation, except in accordance with this section.

Application for review by the PUB

6.6(2)   The corporation must apply to The Public Utilities Board for approval before changing an existing driver premium or establishing a new driver premium.

Board may approve or vary driver premiums

6.6(3)   The Public Utilities Board may either approve or vary the driver premiums applied for by the corporation and must make its decision in accordance with Part 4 of The Crown Corporations Governance and Accountability Act.

Blanket certificates

6.7(1)   The corporation may provide universal compulsory automobile insurance under a blanket certificate that applies in addition to another certificate issued by the corporation.

Additional coverage and coverage for excluded uses

6.7(2)   A blanket certificate that applies in addition to another certificate may provide

(a) additional coverage not included in the other certificate; or

(b) coverage in respect of an insurance use excluded under the other certificate.

Issuance to person other than owner

6.7(3)   A blanket certificate may be issued to a person other than the owner of a motor vehicle or trailer that is insured under the certificate.

Corporation may require information

6.7(4)   The corporation may require any of the following persons to provide information the corporation considers relevant to the administration of a blanket certificate:

(a) an applicant for or holder of a blanket certificate;

(b) the owner of a motor vehicle or trailer insured under a blanket certificate;

(c) a person driving a motor vehicle or trailer insured under a blanket certificate;

(d) any person leasing or dispatching a motor vehicle or trailer operated under a blanket certificate.

The required information may include personal information relating to any person referred to in clauses (a) to (d).

Refusal to issue, suspension or cancellation

6.7(5)   If the corporation does not receive the information required under subsection (4) or the information is incomplete or inaccurate, the corporation may

(a) refuse to issue a blanket certificate; or

(b) suspend or cancel an existing blanket certificate.

38(1)   Subsection 30(2) of the French version is amended by replacing the part after clause (b) with the following:

Dès lors, cette disposition s'applique au régime universel obligatoire d'assurance-automobile et à la Société eu égard au régime universel obligatoire d'assurance-automobile.

38(2)   Subsection 30(4) of the French version is amended, in the part after clause (b), by striking out "en égard" and substituting "eu égard".

38(3)   Subsection 30(6) of the French version is amended, in the part after clause (b), by striking out "société à l'égard de" and substituting "Société eu égard à".

39(1)   Subsection 33(1) is amended

(a) in the part before clause (a), by striking out "Subject to subsection (1.1), for" and substituting "For";

(b) in clause (c), by striking out everything after "otherwise";

(c) by adding the following after clause (d):

(d.1) respecting the issuance of and coverage provided by blanket certificates;

(d) in subclause (h.1)(v), by striking out everything after "driver safety rating"; and

(e) by repealing clauses (h.2) and (n).

39(2)   Subsection 33(1.1) is repealed.

39(3)   Subsection 33(4) is amended, in the section heading and in the section, by striking out "clause (1)(h), (h.1) or (h.2)" and substituting "clause (1)(h) or (h.1)".

40   Subsection 39(5) of the French version is amended, in the part after clause (e), by striking out "en égard" and substituting "eu égard".

41   Clause 48(2)(b) is amended striking out "prescribed in the regulations" and substituting "required to be paid".

42   Section 69.1 is amended by repealing the definition "personal information".

PART 4

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

C.C.S.M. c. I40 amended

43(1)   The Insurance Act is amended by this section.

43(2)   Subsection 249(1) is amended by striking out "$200,000." and substituting "$500,000".

43(3)   Subsection 249(2) is amended

(a) in clause (a), by striking out "$180,000." and substituting "$450,000"; and

(b) in clause (b), by striking out "$20,000." and substituting "$50,000".

43(4)   Subsection 249(3) is amended by striking out "$200,000." wherever it occurs and substituting "$500,000".

43(5)   The following provisions are amended by striking out "$200,000." and substituting "$500,000":

(a) clause 250(1)(a);

(b) subsection 258(11), in the part before clause (a);

(c) clause 258(12)(c).

Coming into force — royal assent

44(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

44(2)   The following provisions come into force on a day to be fixed by proclamation:

(a) clause 2(b);

(b) sections 3, 4 and 6;

(c) clause 8(b);

(d) section 9;

(e) sections 12 to 15;

(f) clause 23(b);

(g) section 25;

(h) clauses 26(a) and 28(b);

(i) sections 29 and 30;

(j) section 32;

(k) section 43.