Physically Disabled Persons Parking Regulation

Physically Disabled Persons Parking Regulation, M.R. 191/91 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 191/91 Registered August 26, 1991 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Meaning of "person" in subsection 124.6(3) of the Act 2 Permits for individuals 3 Permits for corporations and organizations 4 Duration of permits 5 Design and content of permit 6 Permit replacement 7 Display of permit 8 Fees 8.0.1 Transitional provision re 2014 permit fees 8.1 Definitions 8.2 How to make an appeal 8.3 Decision maker must issue decision letter 8.4 Notice to decision maker 8.5 Decision maker to provide information to committee on request 8.6 Dealing with the appeal 8.7 Submissions by decision maker 8.8 Appeal decision 8.9 Evidence before the committee 8.10 Subsequent appeals about the same decision 8.11 Waiver or refund of appeal fee 8.12 Annual and other reporting 9 Coming into force INTERPRETATION Definitions 1 In this regulation, "Act" means The Highway Traffic Act ; (« Loi ») "delegate" means a person or organization to whom the minister has delegated the power to issue permits under subsection 124.3(2) of the Act; (« délégué ») "licensed chiropractor" means a chiropractor who holds a licence under The Chiropractic Act ; (« chiropraticien autorisé ») "nurse practitioner" has the same meaning as in the Extended Practice Regulation , Manitoba Regulation 43/2005; (« infirmière praticienne ») "occupational therapist" has the same meaning as in The Occupational Therapists Act ; (« ergothérapeute ») "permit" means a physically disabled person's parking permit issued under section 124.3 of the Act; (« permis ») "physically disabled person" means a person who is disabled in such a way as to be unable to walk unassisted for more than 50 metres without great difficulty or danger to the person's health or safety; (« handicapé physique ») "physiotherapist" has the same meaning as in The Physiotherapists Act . (« physiothérapeute ») M.R. 60/2011 Meaning of "person" in subsection 124.6(3) of the Act 1.1 In subsection 124.6(3) of the Act, "person" means an individual. M.R. 125/2012 PERMITS AND THEIR USE Permits for individuals 2(1) The minister or a delegate may issue a permit to a physically disabled person who applies for a permit and who complies with one of the following clauses: (a) if the applicant has a permanent physical disability, the applicant must submit written certification from a duly qualified medical practitioner, a clinic-based nurse practitioner, a licensed chiropractor, an occupational therapist or a physiotherapist verifying the nature of the disability and that it is permanent; (b) if the applicant has a temporary physical disability, the applicant must submit written certification from a duly qualified medical practitioner, a clinic-based nurse practitioner, a licensed chiropractor, an occupational therapist or a physiotherapist verifying the nature of the disability and its anticipated duration. 2(1.1) The minister or a delegate may renew or extend a permit if the physically disabled person applies and complies with one of the following clauses: (a) if the applicant has a permanent physical disability and previously provided the written certification required by clause (1)⁠(a), the applicant must submit a signed declaration declaring that the applicant continues to be a physically disabled person and that his or her disability continues to be permanent; (b) if the applicant has a temporary physical disability, the applicant must submit written certification from a duly qualified medical practitioner, a clinic-based nurse practitioner, a licensed chiropractor, an occupational therapist or a physiotherapist verifying the nature of the disability, its anticipated duration and the need for the renewal or extension of the permit. 2(2) An application by an individual for a permit or for renewal or extension of a permit (a) set out any information that the minister or delegate may require; and (b) be accompanied by the fee prescribed in subsection 8(1). 2(3) An individual shall not be issued more than one permit unless the issuer is satisfied that the applicant operates or is transported in more than one vehicle on a regular basis, in which case the applicant may be issued not more than two permits. M.R. 60/2011 Permits for corporations and organizations 3(1) The minister or a delegate may issue a permit (a) to a corporation in respect of the number of vehicles that are owned or leased by the corporation primarily to provide transportation services to physically disabled persons; and (b) to an organization in respect of the number of vehicles that are owned or leased by the organization and used on a non-profit basis to provide transportation to physically disabled persons. 3(2) An application for a permit by a corporation or an organization shall (a) set out any information that the minister or delegate may require; and (b) be accompanied by the fee prescribed in subsection 8(1). M.R. 60/2011 Duration of permits 4(1) A permit issued to an individual under section 2 is valid from the date it is issued (a) for 36 months, if the applicant's disability is permanent; and (b) for the anticipated length of the disability up to a maximum of 36 months, if the applicant's disability is temporary. 4(2) A permit issued to a corporation or an organization under section 3 shall be valid for a term that reflects the contractual or other obligations of the corporation or organization to provide transportation services primarily to disabled persons, up to a maximum of 36 months. 4(3) A permit ceases to be valid if the holder of the permit no longer meets the requirements of subsection 2(1) or 3(1). Design and content of permit 5 Each permit shall bear (a) in white on blue, the international symbol of access for the physically disabled; (b) the date of expiry of the permit; and (c) a unique permit identification number. Permit replacement 6 If a permit is lost, stolen, or is damaged in such a way as to render it illegible, the minister or delegate may issue a replacement permit if (a) the loss or theft is reported to the issuer or the damaged permit is returned to the issuer; (b) the applicant continues to meet the requirements of subsection 2(1) or 3(1); and (c) the replacement fee prescribed in subsection 8(2) is paid. M.R. 60/2011 Display of permit 7 When a motor vehicle is parked in a designated parking space, the permit holder shall display the permit on the dashboard, rear-view mirror or sunvisor of the vehicle in such a manner that it is clearly visible and legible from the outside of the vehicle. Fees 8(1) The fee for a permit or the renewal of a permit is $15. 8(2) The fee for a replacement permit or an additional permit is $6. 8(3) When so requested by a physically disabled person who requires a permit, a delegate may waive the fee for the permit if the delegate is satisfied that paying the fee is likely to be a hardship for the person. This also applies to a renewal, replacement and additional permit fee. M.R. 145/2003 ; 10/2014 Transitional provision re 2014 permit fees 8.0.1 The fees set out in subsections 8(1) and (2) apply to a permit referred to in either of those subsections if it is issued on or after February 1, 2014. For a permit of any category issued before that date, the fees payable are the fees that were set out in subsections 8(1) and (2) as they read immediately before this section came into force. M.R. 10/2014 APPEALS Definitions 8.1 The following definitions apply in this section and in sections 8.2 to 8.12. "appellant" means a person who makes or wishes to make an appeal under subsection 124.6(3) of the Act. (« appelant ») "committee" means the medical review committee established under subsection 157(4) of the Act. (« comité ») "decision" means a decision, referred to in subsection 124.6(3) of the Act, about a permit. (« décision ») "decision maker" means a delegate that makes a decision or, if there is no delegate, the minister. (« auteur de la décision ») "person" has the same meaning as it has in subsection 124.6(3) of the Act by virtue of section 1.1 of this regulation. (« personne ») M.R. 125/2012 How to make an appeal 8.2(1) An appellant must (a) file an appeal application with the committee in the form it requires; (b) provide the committee with any additional information it requires to be able to decide the appeal; and (c) pay an appeal fee of $50 in the manner specified in the appeal application form. 8.2(2) The appeal application form is available from the decision maker. 8.2(3) Without limiting the generality of clauses (1)⁠(a) and (b), the appellant must (a) include with the appeal application form the decision maker's decision letter; and (b) include with the appeal application any other material that the appellant believes to be relevant to the appeal. 8.2(4) The appellant must file the appeal application and other material by (a) mailing or hand delivering it to the committee; or (b) filing it in another manner that is acceptable to the committee. 8.2(5) Before filing an appeal application. an appellant must do all things necessary for the decision maker to be able to issue a decision letter under section 8.3. M.R. 125/2012 Decision maker must issue decision letter 8.3 A decision maker must issue a decision letter when it makes a decision. The decision letter must explain the decision that has been made and the reasons for the decision. M.R. 125/2012 Notice to decision maker 8.4 The committee must notify the decision maker when an appeal application is filed in accordance with subsection 8.2(4). M.R. 125/2012 Decision maker to provide information to committee on request 8.5 At the committee's request, the decision maker must provide the committee with any information relating to the decision that the committee considers necessary to its consideration of the appeal. M.R. 125/2012 Dealing with the appeal 8.6(1) Appeal proceedings before the committee are to be held at the committee's office. 8.6(2) The committee may determine the manner in which the appeal is to be heard and the time and date of the hearing. 8.6(3) Without limiting the generality of subsection (2), the committee may make its decision on the basis of an oral hearing or, if the committee considers it appropriate, a hearing that considers written submissions. 8.6(4) A panel of one or more committee members may conduct an appeal hearing. After the hearing, the members conducting the hearing must report fully about it to the full panel that is to decide the appeal, and the full panel may then decide the appeal as if the hearing had been before the full panel. 8.6(5) For the purpose of an oral appeal hearing, the appellant may present his or her submissions (a) in person; or (b) by telephone if it is not practicable for the appellant to appear in person and the committee considers it practicable to hear from the appellant by telephone. 8.6(6) An appellant may (a) be represented by legal counsel at the appeal; or (b) have another person speak on the appellant's behalf at the hearing. 8.6(7) Before proceeding with an appeal hearing, the committee may require the appellant to be present for the hearing or available by telephone for it, but in any case, the committee may decide the appeal in the appellant's absence. 8.6(8) In addition to considering information provided to it by the appellant or the decision maker before or during a hearing, the committee may consider the decision maker's policy guidelines, if any, in relation to the administration of the permit program. M.R. 125/2012 Submissions by decision maker 8.7 Subsection 8.6(5) and clause 8.6(6)⁠(a) apply, with necessary changes, to a decision maker's participation in an appeal. M.R. 125/2012 Appeal decision 8.8(1) After considering the information provided to it in connection with an appeal or permitted by subsection 8.6(8), the committee must decide whether or not the appellant is a physically disabled person and whether the person's physical disability is permanent or temporary. 8.8(2) The committee's decision must be given in writing and a copy must be given to the appellant and to the decision maker. 8.8(3) When the committee decides that an appellant is a physically disabled person, it may order the decision maker to issue a permit to the appellant upon payment of the applicable permit fee set out in section 8. 8.8(4) The committee's order must indicate the committee's decision (a) about whether the person's physical disability is permanent or temporary; and (b) if the physical disability is determined to be temporary, about its anticipated duration. 8.8(5) For greater certainty, clause 2(1.1)⁠(a) applies to a person who is issued a permit as the result of an appeal decision that the person's physical disability is permanent and clause 2(1.1(b) applies to a person who is issued a permit as the result of an appeal decision that the person's physical disability is temporary. M.R. 125/2012 Evidence before the committee 8.9 Evidence may be given before the committee in any manner that it considers appropriate. The committee is not bound by the rules of evidence applicable to judicial proceedings. M.R. 125/2012 Subsequent appeals about the same decision 8.10 Once the committee has dealt with an appellant's appeal, it must not again accept an appeal application or deal with another appeal in respect of the same decision unless the appellant satisfies the committee that new information is available that is relevant to and likely to be determinative of the appeal. M.R. 125/2012 Waiver or refund of appeal fee 8.11 In any case in which the committee finds that undue hardship would result or has resulted from the payment of the appeal fee, it may waive payment of the fee or may recommend to the Minister of Finance that the amount of the fee be remitted under The Financial Administration Act . M.R. 125/2012 Annual and other reporting 8.12(1) The committee must include the following information in its annual report: (a) the number of appeals dealt with in the year covered by the report; (b) the number of those appeals that were decided in favour of the appellant and the number that were dismissed; (c) any other information required by the minister about its activities in relation to physically disabled persons parking permits. 8.12(2) At request of the minister, the committee must provide the minister any information required by the minister about its activities in relation to physically disabled persons parking permits. 8.12(3) Information required to be included in the committee's annual report under clause (1)⁠(c) must not include personal information, as defined in subsection 1(1) of The Freedom of Information and Protection of Privacy Act , or personal health information, as defined in subsection 1(1) of The Personal Health Information Act . M.R. 125/2012 Coming into force 9 This regulation comes into force on September 26, 1991.