Manitoba Hansard — 39 4 b028e.php

39-4 b028e.php

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Home → Legislative Business → Bills → 39-4

Status of bills in this Session.

Fourth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF) .

Bill 28

THE DRIVERS AND VEHICLES AMENDMENT ACT

Explanatory Note

(Assented to )

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

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

The Drivers and Vehicles Act is amended by this Act.

The following is added after

section 106:

PUBLISHING ADMINISTRATIVE DECISIONS

Definitions

106.1(1)

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

106.1(2)

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

106.1(3)

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

106.1(4)

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

106.1(5)

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.

Publication about appeals

106.1(6)

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;

Coming into force

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill allows the Registrar of Motor Vehicles to publish information about permit suspensions, cancellations and renewal refusals for:

automobile dealers and salespersons;

driver training schools and driving instructors;

automobile recyclers;

inspection station operators and qualified mechanics.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	39-4 b028e.php
Type	bill
Volume / chapter	39 4 b028e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	c2127589564cd740027d47e847f7eaa8fca1a736

Source file is stored in the law ingest library (html).