3rd Session, 41st Legislature
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Bill 26
THE IMPAIRED DRIVING OFFENCES ACT (VARIOUS ACTS AMENDED)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
OFFENCES RELATING TO TRANSPORTATION — DRUGS
THE DRIVERS AND VEHICLES ACT
The Drivers and Vehicles Act is amended by this section.
Subsection 22(1.1) is repealed.
The following is added after section 22:
One impaired driver assessment per incident
Despite subsections 21(2) and 22(2), the registrar may not require a person to provide an impaired driver's assessment if the person has previously provided such an assessment to the registrar in respect of the same incident that gave rise to the suspension, disqualification or conviction, as the case may be.
THE HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended by this section.
Subsection 4.21(1) is amended by striking out "care and control" and substituting "care or control".
The following is added before section 26.1 and after the centred heading "NOVICE DRIVERS":
The following definitions apply in sections 26.1 and 26.3.
"approved drug screening equipment" means approved drug screening equipment as defined in section 254 of the Criminal Code. (« matériel de détection des drogues approuvé »)
"approved screening device" means
(a) a provincially approved screening device prescribed by regulation under clause 26.1(1)(d); or
(b) an approved screening device as defined in section 254 of the Criminal Code. (« appareil de détection approuvé »)
"screening threshold", in respect of a drug or a combination of drugs, means the level specified to be detected by approved drug screening equipment in the regulations under the Criminal Code. (« seuil de détection »)
Subsection 26.1(1) is replaced with the following:
The Lieutenant Governor in Council may make regulations
(a) prescribing maximum blood alcohol concentration levels for supervising drivers;
(b) prohibiting a person from acting as a supervising driver if they have consumed drugs such that, when a sample of a bodily substance of the person is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold;
(c) providing for remedial actions that the registrar may take, and prescribing sanctions the registrar may impose, in respect of a novice driver who
(i) drives while having any alcohol in their blood,
(ii) drives while having consumed drugs such that, when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold, or
(iii) refuses a peace officer's request to provide a breath sample or a sample of a bodily substance;
(d) prescribing provincially approved screening devices for the purpose of determining the blood alcohol concentration level of a novice or supervising driver, and governing the calibration and use of the devices;
(e) authorizing a peace officer to demand that a novice or supervising driver provide a sample of breath for the purpose of determining their blood alcohol concentration level, and requiring the novice or supervising driver to provide a breath sample on demand, at the roadside, to be analyzed by an approved screening device, or at another place, to be analyzed by an instrument approved as suitable for the purpose of section 258 of the Criminal Code, or both;
(f) authorizing a peace officer to demand that a novice driver or supervising driver provide a sample of a bodily substance for the purpose of determining the concentration of drugs in the bodily substance, and requiring the novice or supervising driver to provide a sample of a bodily substance on demand, at the roadside, to be analyzed by means of approved drug screening equipment;
(g) respecting the handling and analysis of breath samples and samples of bodily substances provided under a regulation made under this subsection, including, but not limited to, the manner of recording and certifying the results of the analysis and the manner in which a certificate of analysis may be entered into evidence in a prosecution under this Act and the weight to be attributed to a certificate of analysis;
(h) authorizing a peace officer to demand that a novice driver surrender their licence, and requiring the novice driver to surrender their licence to the peace officer on demand, if
(i) the novice driver has any alcohol in their blood,
(ii) when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold, or
(iii) the novice driver refuses to provide a breath sample or a sample of a bodily substance on demand;
(i) respecting the removal and storage of a vehicle, and any towed equipment, being driven by a novice driver, when the novice driver has been found to be driving
(i) with alcohol in their blood, or
(ii) after having consumed drugs such that when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold;
(j) respecting the enforcement of costs of removal and storage incurred for an action described in clause (i).
Section 26.3 is replaced with the following:
Alcohol and drugs — novice drivers
No novice driver shall operate or have care or control of a motor vehicle or off-road vehicle, or an implement of husbandry, special mobile machine or tractor,
(a) while the novice driver has any alcohol in their blood; or
(b) after having consumed drugs such that when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold.
Subsection 213.1(1) of the English version is amended by striking out "care and control" and substituting "care or control".
Subsection 213.1(2) is amended
(a) by striking out "or" at the end of clause (d) and adding the following after clause (d):
(d.1) the vehicle is a trailer; or
(b) in clause (e) of the English version, by striking out "care and control" and substituting "care or control".
Subsection 242.1(1.1) is amended
(a) in the English version of clause (b),
(i) by striking out "milligrams" and substituting "mg", and
(ii) by striking out "millilitres" and substituting "mL"; and
(b) by adding the following after clause (b):
(b.1) based on an analysis of the blood of a person who was operating the vehicle or had care or control of it, that the person had consumed drugs, or alcohol and drugs, in such a quantity that the concentration of drugs, or alcohol and drugs, in the person's blood equalled or exceeded the limit prescribed by regulation under the Criminal Code for the purpose of paragraph 253(3)(a) or (c) of that Code;
Subsection 242.1(7.1) is amended
(a) in the English version of clauses (b) and (c),
(i) by striking out "milligrams" and substituting "mg", and
(ii) by striking out "millilitres" and substituting "mL"; and
(b) by adding the following after clause (c):
(c.1) when the seizure is under clause (1.1)(b.1) (blood drug, or alcohol and drug, concentration equal to or over legal limit), 30 days;
Subsection 242.1(7.1.1) is amended
(a) in the English version of clauses (b) and (c), in the part before subclause (i),
(i) by striking out "milligrams" and substituting "mg", and
(ii) by striking out "millilitres" and substituting "mL"; and
(b) by adding the following after clause (c):
(c.1) when the seizure is under clause (1.1)(b.1) (blood drug, or alcohol and drug, concentration equal to or over legal limit),
(i) for a second seizure, 90 days, and
(ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second;
The English version of clause 242.1(7.1.2)(a) is amended
(a) by striking out "milligrams" and substituting "mg"; and
(b) by striking out "millilitres" and substituting "mL".
Subsection 242.3(2) of the English version is amended
(a) in clause (h.1), by striking out "(blood alcohol over .08 — causing bodily harm)" and substituting "(blood concentration equal to or over legal limit — bodily harm)"; and
(b) in clause (i.1), by striking out "(blood alcohol over .08 — causing death)" and substituting "(blood concentration equal to or over legal limit — death)".
Subsection 242.3(3) is amended by adding the following after clause (e):
(e.1) paragraph 253(3)(a) (operation while impaired — blood drug concentration);
(e.2) paragraph 253(3)(c) (operation while impaired — blood alcohol and drug concentration);
The centred heading after section 262 is replaced with "LICENCE SUSPENSION OR DISQUALIFICATION".
Subsection 263.1(1) is amended by adding the following definition:
"approved drug screening equipment" means approved drug screening equipment as defined in section 254 of the Criminal Code. (« matériel de détection des drogues approuvé »)
Subsection 263.1(2) is amended
(a) in clause (a),
(i) in the part before subclause (i) of the English version, by striking out "or care and control" and substituting ", care or control", and
(ii) by striking out "or" at the end of subclause (i) and adding the following after subclause (i):
(i.1) by reason of an analysis of the blood of the person, has reason to believe that the person has consumed drugs in such a quantity that the concentration of drugs in the person's blood equals or exceeds the limit prescribed by regulation under the Criminal Code for the purpose of paragraph 253(3)(a) of that Code,
(i.2) by reason of an analysis of the blood of the person, has reason to believe that the person has consumed alcohol and drugs in such a quantity that the concentration of alcohol and drugs in the person's blood equals or exceeds the limit prescribed by regulation under the Criminal Code for the purpose of paragraph 253(3)(c) of that Code, or
(b) in clause (c), in the part before subclause (i), by striking out "or care and control" and substituting ", care or control"; and
(c) by adding the following after clause (c):
(c.1) after a demand from the peace officer made under section 254 of the Criminal Code in relation to a person's operation, care or control of a motor vehicle, a vessel, an aircraft or railway equipment,
(i) the person provides a sample of a bodily substance,
(ii) the bodily substance is analyzed by means of approved drug screening equipment, and
(iii) the approved drug screening equipment detects the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code;
Subsection 263.1(7) is amended
(a) in item 1, by striking out "subclause (2)(a)(i) or (ii)" and substituting "any of subclauses (2)(a)(i) to (ii)";
(b) in item 2, in the part before clause (a), by striking out "clause (2)(d) or (e)" and substituting "clause (2)(c.1), (d) or (e)"; and
(c) in item 3 of the English version, by striking out "care and control" and substituting "care or control".
Subsection 263.1(8) is amended, in the part before clause (a), by striking out "clause (2)(d) or (e)" and substituting "clause (2)(c.1), (d) or (e)".
The following is added after subsection 263.1(11):
Request for second analysis — approved drug screening equipment
263.1(11.1) When a peace officer serves a person with a suspension and disqualification order based on an approved drug screening equipment analysis referred to in clause (2)(c.1), the person may request the peace officer to conduct a second analysis with the same equipment.
Subsection 263.1(12) is amended, in the part before clause (a), by adding "or (11.1)" after "subsection (11)".
Subsection 263.2(7) is amended
(a) by adding the following after clause (a):
(a.1) if the suspension and disqualification order was served based on the ground set out in subclause 263.1(2)(a)(i.1), whether the person operated or had care or control of a motor vehicle, a vessel, an aircraft or railway equipment having consumed drugs in such a quantity that the concentration of drugs in the person's blood equalled or exceeded the limit prescribed by regulation under the Criminal Code for the purpose of paragraph 253(3)(a) of that Code;
(a.2) if the suspension and disqualification order was served based on the ground set out in subclause 263.1(2)(a)(i.2), whether the person operated or had care or control of a motor vehicle, a vessel, an aircraft or railway equipment having consumed alcohol and drugs in such a quantity that the concentration of alcohol and drugs in the person's blood equalled or exceeded the limit prescribed by regulation under the Criminal Code for the purpose of paragraph 253(3)(c) of that Code;
(b) by adding the following after clause (d):
(d.1) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(c.1), whether
(i) the person operated or had care or control of a motor vehicle, a vessel, an aircraft or railway equipment, and
(ii) approved drug screening equipment used to analyze a bodily substance of the person detected the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code;
Subsections 263.2(9.1) and (9.2) are amended by striking out "in clause (7)(d), (e) or (f)" and substituting "in any of clauses (7)(d) to (f)".
Subsection 264(1) is amended
(a) in the definition "Category A offence", by adding the following after subclause (a)(iv):
(iv.1) paragraph 253(3)(a) (operation while impaired — blood drug concentration),
(iv.2) paragraph 253(3)(c) (operation while impaired — blood alcohol and drug concentration),
(b) in the English version of the definition "Category B offence",
(i) in subclause (a)(vii.1), by striking out "(blood alcohol over .08 — causing bodily harm)" and substituting "(blood concentration equal to or over legal limit — bodily harm)", and
(ii) in subclause (a)(viii.1), by striking out "(blood alcohol over .08 — causing death)" and substituting "(blood concentration equal to or over legal limit — death)".
The following is added after subsection 264(1.2):
Suspension for low blood drug concentration offence
If a person is convicted of an offence under paragraph 253(3)(b) of the Criminal Code, the person's licence is suspended, and the person is disqualified from holding a licence, for the following suspension and disqualification periods:
(a) six months if the conviction is the person's first conviction in a 10-year period for an offence under that paragraph;
(b) one year if the conviction is the person's second or subsequent conviction in a 10-year period for an offence under that paragraph.
Subsection 264(1.3) is amended, in the part before clause (a), by striking out "or (1.2)" and substituting ", (1.2) or (1.2.1)".
Subsection 264(1.4) is amended by adding ", or an offence described in subsection (1.2.1)," after "Category A or Category B offence".
Subsection 264(7) is amended by adding ", (1.2.1)" after "subsection (1.1)".
Subsection 265(2) is amended by striking out "or care and control" and substituting ", care or control".
Subsection 265(2.1) of the English version is amended by striking out "or care and control" and substituting ", care or control".
Subsection 279(21) is amended, in the part before clause (a), by adding "other than paragraph (3)(b)" after "section 253".
Subsection 279.1(1.1) is amended by striking out "paragraph 253(1)(a) or (b)" and substituting "subsection 253(1), paragraph 253(3)(a) or (c)".
Clauses 318.1(3)(b) and 322.1(1)(b) are amended, in the part before subclause (i), by striking out "care and control" and substituting "care or control".
THE MANITOBA PUBLIC INSURANCE CORPORATION ACT
The Manitoba Public Insurance Corporation Act is amended by this section.
Subsections 23(1) to (3) are amended by striking out "clause 253(1)(a) or (b)" and substituting "subsection 253(1), paragraph 253(3)(a) or (c)".
Subsection 161(1) is amended
(a) by replacing clause (f) with the following:
(f) subsection 253(1) (operating a motor vehicle while impaired), paragraph 253(3)(a) (operation while impaired — blood drug concentration) or paragraph 253(3)(c) (operation while impaired — blood alcohol and drug concentration);
(b) by adding the following after clause (g):
(g.1) subsection 255(1) (operating a motor vehicle while impaired), (2) (impaired driving causing bodily harm), (2.1) (blood concentration equal to or over legal limit — bodily harm), (2.2) (refuse to supply sample — causing bodily harm), (3) (impaired driving causing death), (3.1) (blood concentration equal to or over legal limit — death), or (3.2) (refuse to supply sample — causing death);
CONDITIONAL AMENDMENT
This section applies if The Highway Traffic Amendment Act (the "amending Act"), as enacted by section 2 of Bill 14, introduced in the Third Session of the 41st Legislature and titled The Traffic and Transportation Modernization Act, comes into force before this Part comes into force.
Section 26.3 of The Highway Traffic Act, as set out in subsection 2(5) of this Act, is amended, in the part before clause (a), by striking out "an implement of husbandry, special mobile machine or tractor" and substituting "agricultural equipment or infrastructure equipment".
This section comes into force on the day that this Act receives royal assent or on the day that the amending Act comes into force, whichever is later.
CONSEQUENTIAL AMENDMENTS
Consequential amendment, C.C.S.M. c. B63
Section 2 of the English version of The Blood Test Act is amended, in the part before clause (a), by striking out "care and control" and substituting "care or control".
Consequential amendment, C.C.S.M. c. P160
Clause 13(3)(b) and subsection 13(14) of the English version of The Provincial Offences Act are amended by striking out "care and control" wherever it occurs and substituting "care or control".
PART 2
OFFENCES RELATING TO
TRANSPORTATION — ALCOHOL AND DRUGS
THE DRIVERS AND VEHICLES ACT
The Drivers and Vehicles Act is amended by this section.
Clause 3(1)(b) is amended by striking out "section 260" and substituting "subsection 320.32(6)".
Subsection 21(2) is amended
(a) in clause (a), by striking out "clauses 263.1(2)(a) to (b.2)" and substituting "clauses 263.1(2)(a) to (d)"; and
(b) in clause (b),
(i) by striking out "section 253, 254 or 255" and substituting "subsection 320.14(1), (2) or (3) or section 320.15", and
(ii) by striking out "those sections" and substituting "those provisions".
The following is added after subsection 21(2):
Subsection (2) applies in respect of a person who applies for a driver's licence and whose licence was suspended, or who was disqualified or convicted, under any of the provisions referred to in clause (2)(a) or (b) as they read immediately before the coming into force of this subsection.
Clause 22(2)(a) is amended by striking out "clauses 263.1(2)(c) to (e)" and substituting "clauses 263.1(2)(e) to (h)".
The following is added after subsection 22(2):
Transitional — impaired driver assessments
A suspension based on any of the grounds referenced in clause (2)(a) as it read immediately before the coming into force of this subsection must be counted as a suspension for the purpose of subsection (2).
Clause 125(6)(a) is replaced with the following:
(a) an offence, relating to the operation of a motor vehicle, under any of the following provisions of the Criminal Code (Canada):
(i) section 219 (criminal negligence),
(ii) section 220 (criminal negligence causing death),
(iii) section 221 (criminal negligence causing bodily harm),
(iv) section 236 (manslaughter),
(v) subsection 320.13(1) (dangerous operation),
(vi) subsection 320.13(2) (operation causing bodily harm),
(vii) subsection 320.13(3) (operation causing death),
(viii) paragraph 320.14(1)(a) (operation while impaired), but only if the driver is not served a suspension and disqualification order under section 263.1 of The Highway Traffic Act,
(ix) section 320.17 (flight from peace officer);
THE HIGHWAY TRAFFIC ACT
The Highway Traffic Act, as amended by section 2 of this Act, is amended by this section.
Section 26.0.1 is amended in the definitions "approved drug screening equipment" and "approved screening device" by striking out "section 254" and substituting "section 320.11".
Clause 26.1(1)(e) is amended by striking out "instrument approved as suitable for the purpose of section 258" and substituting "approved instrument as defined in section 320.11".
Subsection 242.1(1.1) is amended
(a) in clause (b), by adding "equalled or" before "exceeded";
(b) in clause (b.1), by striking out "paragraph 253(3)(a) or (c)" and substituting "paragraph 320.14(1)(c) or (d)";
(c) in clause (c), by striking out "section 254" and substituting "section 320.27, 320.28 or 320.29";
(d) in clause (d), in the part before subclause (i), by striking out "clause 254(2)(a)" and substituting "paragraph 320.27(1)(a)"; and
(e) in clause (e), in the part before subclause (i), by striking out "subsection 254(3.1)," and substituting "paragraph 320.28(2)(a)".
Clauses 242.1(7.1)(b) and (c) and 242.1(7.1.1)(b) and (c) of the English version are amended by adding "equal to or" before "over .08".
The following is added after subsection 242.1(7.1.3):
Transitional re previous seizures
242.1(7.1.4) For the purposes of subsections (7.1.1) and (7.1.2), a seizure under subsection (1.1) as it read immediately before the coming into force of this subsection is to be included when determining whether a seizure is a second or subsequent seizure.
Subsection 242.3(2) is amended by replacing everything after clause (c) with the following:
(d) subsection 320.13(2) (dangerous operation causing bodily harm);
(e) subsection 320.13(3) (dangerous operation causing death);
(f) subsection 320.14(2) (operation while impaired causing bodily harm);
(g) subsection 320.14(3) (operation while impaired causing death);
(h) subsection 320.15(2) (failure or refusal to comply with demand — accident resulting in bodily harm);
(i) subsection 320.15(3) (failure or refusal to comply with demand — accident resulting in death).
Subsection 242.3(3) is replaced with the following:
Liability of vehicle to forfeiture for third or subsequent offence
A motor vehicle is liable to be forfeited to the government on the commission of an offence if both of the following conditions are met:
(a) the offence is committed by means of, or in relation to, the motor vehicle under one or more of the following provisions of the Criminal Code:
(i) subsection 320.13(1) (dangerous operation),
(ii) paragraph 320.14(1)(a), (b), (c) or (d) (operation while impaired),
(iii) subsection 320.15(1) (failure or refusal to comply with demand),
(iv) subsection 320.16(1) (failure to stop after accident),
(v) section 320.17 (flight from peace officer),
(vi) subsection 320.18(1) (operation while prohibited);
(b) within five years before the commission of the offence, the alleged offender has committed two or more of the following:
(i) an offence listed in clause (a),
(ii) an offence listed in subsection (2),
(iii) an offence listed in this subsection or in subsection (2) as those provisions read immediately before the coming into force of this clause.
Subsection 242.3(22) is amended, in the part before clause (a), by striking out "any of clauses (3)(a) to (g)" and substituting "clause (3)(a)".
Subsections 263.1(1) and (2) are replaced with the following:
The following definitions apply in this section and in section 263.2.
"evaluation" means an evaluation within the meaning of section 320.28 of the Criminal Code consisting of the tests and following the procedures prescribed in the regulations made under section 320.38 of that Code. (« évaluation »)
"physical coordination test" has the same meaning as in section 320.27 of the Criminal Code. (« épreuve de coordination des mouvements »)
"prescribed amount", in respect of a drug or a combination of drugs or alcohol and drugs, means the amount prescribed for that drug or combination of drugs in the regulations made under section 320.38 of the Criminal Code. (« concentration réglementaire »)
Application of Criminal Code provisions
The following terms have the same meaning in this section and section 263.2 as they have in section 320.11 of the Criminal Code:
(a) "approved drug screening equipment";
(b) "approved instrument";
(c) "approved screening device";
(d) "conveyance";
(e) "evaluating officer";
(f) "operate".
A peace officer must take action under subsection (3) if
(a) based on an analysis of the breath or blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of alcohol in the person's blood equals or exceeds 80 mg of alcohol in 100 mL of blood;
(b) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(c) of the Criminal Code;
(c) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of alcohol and drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(d) of the Criminal Code;
(d) a person who was operating a conveyance failed or refused to comply, without a reasonable excuse, with a demand to supply a sample of breath, oral fluid, urine or blood made under section 320.27 or 320.28 of the Criminal Code;
(e) after a demand from the peace officer to perform a physical coordination test under paragraph 320.27(1)(a) of the Criminal Code, the peace officer believes that a person is unable to safely operate a conveyance based on the person's performance on the physical coordination test;
(f) after a demand from the peace officer under paragraph 320.27(1)(b) or subsection 320.27(2) of the Criminal Code, a person provides a sample of breath which, on analysis by an approved screening device, registers "Warn" or another word, letter or indication that the device is designed to register when calibrated as required under subsection (13);
(g) after a demand from the peace officer under paragraph 320.27(1)(c) or 320.28(4)(a) of the Criminal Code,
(i) a person provides a sample of a bodily substance,
(ii) the bodily substance is analyzed by means of approved drug screening equipment, and
(iii) the approved drug screening equipment detects the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code; or
(h) after a demand to submit to an evaluation under paragraph 320.28(2)(a) of the Criminal Code, the following criteria are met:
(i) the peace officer who takes the action under subsection (3) is the peace officer who either made the demand or conducted the evaluation, and
(ii) based on a person's performance on the evaluation, the peace officer believes that the person is unable to safely operate a conveyance.
Clause 263.1(4)(d) is amended by striking out "section 258" and substituting "section 320.32".
Subsection 263.1(7) is amended
(a) in item 1, by striking out "any of subclauses (2)(a)(i) to (ii) or any of clauses (2)(b) to (b.2)" and substituting "any of clauses (2)(a) to (d)"; and
(b) in item 2, in the part before clause (a), by striking out "subclause (2)(c)(i) or (ii) or clause (2)(c.1), (d) or (e)" and substituting "any of clauses (2)(e) to (h)".
Subsection 263.1(8) is amended, in the part before clause (a), by striking out "subclause (2)(c)(i) or (ii) or clause (2)(c.1), (d) or (e)" and substituting "any of clauses (2)(e) to (h)".
Subsection 263.1(11) is amended
(a) by striking out "subclause (2)(c)(i)" and substituting "clause (2)(f)"; and
(b) by striking out everything after "the person's breath with" and substituting "an approved instrument.".
Subsection 263.1(11.1) is amended by striking out "clause (2)(c.1)" and substituting "clause (2)(g)".
Subsections 263.1(13) and (14) are amended by striking out "subclause (2)(c)(i)" and substituting "clause (2)(f)".
Clause 263.2(6)(c) is amended by striking out "section 258" and substituting "section 320.32".
Subsection 263.2(7) is replaced with the following:
Issues before registrar on a review
The issues before the registrar in a review under this section are the following:
(a) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(a), whether the person operated a conveyance having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood equalled or exceeded 80 mg of alcohol in 100 mL of blood;
(b) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(b), whether the person operated a conveyance having consumed drugs in such a quantity that the concentration of drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 253(3)(a) of the Criminal Code;
(c) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(c), whether the person operated a conveyance having consumed alcohol and drugs in such a quantity that the concentration of alcohol and drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 253(3)(c) of the Criminal Code;
(d) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(d), whether the person who was operating the conveyance failed or refused to comply, without reasonable excuse, with a demand to supply a sample of breath, oral fluid, urine or blood made under section 320.27 or 320.28 of the Criminal Code;
(e) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(e), whether the peace officer who made the demand to perform a physical coordination test under paragraph 320.27(1)(a) of the Criminal Code had reason to believe, based on the person's performance on the physical coordination test, that the person was unable to safely operate a conveyance;
(f) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(f), whether the person operated a conveyance having consumed alcohol in such a quantity that its concentration in the person's blood equalled or exceeded 50 mg of alcohol in 100 mL of blood;
(g) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(g), whether
(i) the person operated a conveyance, and
(ii) approved drug screening equipment used to analyze a sample of a bodily substance of the person detected the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code;
(h) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(h), whether the peace officer who made the demand to submit to an evaluation under paragraph 320.28(2)(a) of the Criminal Code, or who conducted an evaluation following such a demand, had reason to believe, based on the person's performance on the evaluation, that the person was unable to safely operate a conveyance;
(i) whether the suspension and disqualification order served on the person was the first, second, third, fourth or more served on the person during the relevant 10-year period.
Subsection 263.2(7.1) is amended by striking out "motor vehicle, vessel, aircraft or railway equipment" and substituting "conveyance".
Subsection 263.2(9) is replaced with the following:
After conducting a review under this section, the registrar must
(a) confirm the order if the evidence before the registrar supports, on a balance of probabilities, the required conditions for the issuance of a suspension and disqualification order and the length of the suspension or disqualification;
(b) vary the suspension and disqualification period if the evidence before the registrar supports, on a balance of probabilities, the required conditions for the issuance of a suspension and disqualification order but not the length of the suspension or disqualification; or
(c) in any other case,
(i) revoke the suspension and disqualification order,
(ii) return the person's driver's licence, if it was surrendered to the registrar, and
(iii) direct that the fees paid for the application to review the suspension or disqualification be refunded.
Subsections 263.2(9.1), (9.2) and (10) are repealed.
Subsection 264(1) is amended
(a) by repealing the definitions ""aircraft" and "vessel"" and "railway equipment";
(b) in the definition "Category A offence", by replacing clauses (a) to (a.2) with the following:
(a) an offence committed by means of, or in relation to, a conveyance under any of the following provisions of the Criminal Code:
(i) paragraph 320.14(1)(a) (operation while impaired),
(ii) paragraph 320.14(1)(b) (operation while impaired — blood alcohol concentration equal to or over .08),
(iii) paragraph 320.14(1)(c) (operation while impaired — blood drug concentration equal to or over legal limit),
(iv) paragraph 320.14(1)(d) (operation while impaired — blood alcohol and drug concentration equal to or over legal limit),
(v) subsection 320.15(1) (failure or refusal to comply with demand),
(a.1) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if the registrar considers the offence to be equivalent to an offence referred to in clause (a),
(a.2) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code:
(i) subsection 320.13(1) (dangerous operation),
(ii) subsection 320.16(1) (failure to stop after accident),
(iii) section 320.18 (operation while prohibited),
(iv) section 353 (sell or misuse master key),
(v) section 430 (mischief to a motor vehicle),
(c) in the definition "Category B offence", by replacing clauses (a) to (a.4) with the following:
(a) an offence committed by means of, or in relation to, a conveyance under any of the following provisions of the Criminal Code:
(i) subsection 320.14(2) (operation while impaired causing bodily harm),
(ii) subsection 320.14(3) (operation while impaired causing death),
(iii) subsection 320.15(2) (failure or refusal to comply with demand — accident resulting in bodily harm),
(iv) subsection 320.15(3) (failure or refusal to comply with demand — accident resulting in death),
(a.1) an offence listed in clause (a) of the definition "Category A offence" if a person under the age of 16 years was a passenger in or on the conveyance at a time material to the offence,
(a.2) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if the registrar considers the offence to be equivalent to an offence referred to in
(i) clause (a), or
(ii) clause (a.1), if a person under the age of 16 years was a passenger in or on the motor vehicle at a time material to the offence,
(a.3) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code:
(i) section 220 (criminal negligence causing death),
(ii) section 221 (criminal negligence causing bodily harm),
(iii) section 236 (manslaughter),
(iv) subsection 320.13(2) (dangerous operation causing bodily harm),
(v) subsection 320.13(3) (dangerous operation causing death),
(vi) section 320.17 (flight from peace officer),
(vii) section 334 (theft of motor vehicle),
(viii) section 434 (motor vehicle arson),
(d) by adding the following definition:
"conveyance" has the same meaning as in section 320.11 of the Criminal Code; (« moyen de transport »)
The following is added after subsection 264(1.1):
Transitional — expanded meaning of Category A and Category B offences
For the purpose of subsection (1.1), an offence is deemed to be
(a) a Category A offence if it was included in the definition "Category A offence" as it read immediately before the coming into force of this subsection; or
(b) a Category B offence if it was included in the definition "Category B offence" as it read immediately before the coming into force of this subsection.
Subsection 264(1.2) is amended in clauses (a) and (b) by striking out "subsection 254(5)" and substituting "subsection 320.15(1)".
Subsection 264(1.2.1) is amended
(a) in the part before clause (a), by striking out "paragraph 253(3)(b)" and substituting "subsection 320.14(4)"; and
(b) in clauses (a) and (b) of the English version, by striking out "that paragraph" and substituting "that subsection".
The following is added after subsection 264(1.2.1):
Transitional — previous convictions for low blood drug concentration offence
For the purpose of subsection (1.2.1), a conviction under paragraph 253(3)(b) of the Criminal Code as it read immediately before its repeal is to be counted in determining whether the person's conviction under subsection 320.14(4) is a first or subsequent conviction.
Subsection 264(9) is amended by striking out "section 261" and substituting "section 320.25".
Subsections 265(1) to (2.1) are replaced with the following:
In this section, "conveyance" and "operate" have the same meaning as in section 320.11 of the Criminal Code.
Gross impairment: request to surrender licence
A peace officer must request a person to surrender his or her driver's licence if, in relation to the person's operation of a conveyance, the peace officer believes that the person is so impaired by alcohol or drugs as to be unable to comply with a demand under section 320.27 or 320.28 of the Criminal Code.
Under the influence of a drug: request to surrender licence
A peace officer may request a person to surrender his or her driver's licence, if in relation to the person's operation of a conveyance, the peace officer reasonably believes that, as a result of being under the influence of a drug, the person is unable to safely operate the conveyance.
Subsection 265(5) is amended in clauses (a) and (b) by striking out "motor vehicle" and substituting "vehicle".
Subsection 265(6) is amended
(a) in clause (a.1), by striking out "motor vehicle, vessel, aircraft or railway equipment" and substituting "conveyance"; and
(b) in clause (e), by striking out "motor vehicle" and substituting "vehicle".
Subsections 265(8), (9) and (10) are amended by striking out "motor vehicle" wherever it occurs and substituting "vehicle".
Subsection 279(21) is amended, in the part before clause (a), by striking out "section 253 other than paragraph (3)(b), subsection 254(5) or subsection 255(2) or (3) of the Criminal Code" and substituting "subsection 320.14(1), (2) or (3) or 320.15(1) of the Criminal Code".
Subsection 279.1(1) is amended, in clause (b) of the definition "designated offence", by striking out "clauses (a) to (a.3)" and substituting "clauses (a) to (a.2)".
Subsection 279.1(1.1) is amended by striking out "subsection 253(1), paragraph 253(3)(a) or (c), subsection 254(5) or any of subsections 255(2) to (3.2)" and substituting "subsection 320.14(1), (2) or (3) or section 320.15".
Subsection 279.3(3) is amended by striking out "section 253 or subsection 254(5) or 255(2) or (3)" and substituting "section 320.14 or subsection 320.15(1)".
THE MANITOBA PUBLIC INSURANCE CORPORATION ACT
The Manitoba Public Insurance Corporation Act, as amended by section 3 of this Act, is amended by this section.
Subsections 23(1) to (3) are amended by striking out "subsection 253(1), paragraph 253(3)(a) or (c) or subsection 254(5)" and substituting "subsection 320.14(1) or section 320.15".
Subsection 161(1) is amended by replacing everything after clause (c) with the following:
(d) subsection 320.13(1), (2) or (3) (dangerous operation);
(e) paragraph 320.14(1)(a), (b), (c) or (d) (operation while impaired);
(f) subsection 320.14(2) or (3) (impairment offence — bodily harm or death);
(g) subsection 320.15(1), (2) or (3) (failure or refusal to comply with demand);
(h) subsection 320.16(1), (2) or (3) (failure to stop after accident).
Clause 161.1(3)(a) is replaced with the following:
(a) is convicted of an offence under any of the following provisions of the Criminal Code (Canada):
(i) section 320.17 (flight from peace officer),
(ii) subsection 333.1(1) (motor vehicle theft),
(iii) section 334 (theft), when the property stolen is a motor vehicle,
(iv) subsection 335(1) (motor vehicle taken without consent); or
CONDITIONAL AMENDMENTS
This section applies if this Part comes into force before The Highway Traffic Amendment Act (the "amending Act") as enacted by section 2 of Bill 14, introduced in the Third Session of the 41st Legislature and titled The Traffic and Transportation Modernization Act, comes into force.
Section 90 of the amending Act is amended, in the part before the definition "motor vehicle", by striking out "subsections 263.1(1), 264(1) and 265(1)" and substituting "subsection 264(1)".
Subsection 241(1) of The Highway Traffic Act is amended, in the part after clause (m), by striking out "section 249, 252, 253, 254, 255, 259 or 335" and substituting "section 320.13, 320.14, 320.15, 320.16, 320.17, 320.18 or 335".
PART 3
COMING INTO FORCE
In this section, "federal Act" means Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, 1st Session, 42nd Parliament, 2017.
Subject to subsection 4(3), Part 1 of this Act comes into force on the day this Act receives royal assent or the day that Part 1 of the federal Act comes into force, whichever is later.
Part 2 of this Act comes into force on the day this Act receives royal assent or the day that Part 2 of the federal Act comes into force, whichever is later.
If both Parts come into force on same day
If Parts 1 and 2 of this Act come into force on the same day, then Part 2 is deemed to have come into force immediately after Part 1 comes into force.