Winnipeg : Règlement no 86/2016, art. 124.3 — of The Highway Traffic Act

of The Highway Traffic Act.

“General Manager” means the General Manager of the Winnipeg Parking Authority. added 7/2022 “large vehicle” means, except in Part 4 of this By-law:

• amended 70/2023
• (a) a large vehicle or large truck as defined in Part 4; or
• (b) a vehicle that, alone or together with any trailer connected to it, is longer than 6.7 m (22ft). “mobile vending unit" means
• (a) a mobile food unit as defined in the Food and Food Handling Establishments Regulation, Manitoba Regulation 339/88R; and
• (b) a motor vehicle or trailer, other than a mobile food unit referred to in clause (a), that is used to sell, offer or provide goods or services from the vehicle or from within the vehicle while it is parked on a roadway or the shoulder of a roadway. “mobile vendor” means
• (a) an owner of a mobile vending unit and any person in charge of a mobile vending unit; and
• (b) an owner of a vending unit that is operated on a sidewalk or boulevard under the authority of a Use of Street Permit issued under section 4.01.06 of the Streets By-law. “operator”, in relation to a vehicle, means the person having charge of the vehicle. “owner”, in relation to a vehicle, means the person in whose name the vehicle is registered under The Drivers and Vehicles Act or under a similar law of another jurisdiction. “paid parking” means parking that, according to a traffic control device, is permitted upon the payment of a fee. “paid parking space” means By-law No. 86/2016 8
• (a) in relation to street parking, any space that is adjacent to the curb or edge of the roadway and within the portion of the street to which paid parking applies; and
• (b) in relation to a city parking facility to which paid parking applies,
• (i) a parking space marked with lines on the floor or ground surface of the facility, or
• (ii) where no lines have been marked, a space no more than 3 meters wide. “penalty notice” means a penalty notice issued under The Municipal By-law Enforcement Act in respect of a contravention of this By-law and, until The Municipal By- law Enforcement Act comes into force, means the summons part of an offence notice issued under The Summary Convictions Act. “physical permit” means a card or other object evidencing a permit that is given to or sent to an applicant under clause 32(b); 1 “PTP vehicle” has the same meaning as in the Vehicles for Hire By-law No. 129/2017; 2 added 110/2025 “recreational vehicle” means, except in Part 4, a vehicle designed for camping and other recreational purposes. It includes, but is not limited to, a motorhome, a truck on which a camper has been installed, a camping or travel trailer, and any trailer carrying recreational equipment such as a boat or other watercraft, a snowmobile, all-terrain vehicle or other off-road vehicle 3 “limousine” has the same meaning as in the Vehicles for Hire By-law No. 129/2017; added 110/2025 “rideshare vehicle” means any PTP vehicle registered under Vehicles for Hire By-law No. 129/2017 other than a limousine; added 110/2025 “roadway” means the portion of a street that is improved or ordinarily used for vehicular traffic, but does not include the shoulder. deleted 70/2023 “shoulder” means a shoulder as defined in subsection 1(1) of The Off-Road Vehicles Act; added 70/2023 “special purpose vehicle” deleted 70/2023 “street” means a place or way, and all the space between the boundaries of a place or way, which or any part of which has been dedicated, opened or set apart under The Real Property Act or The Expropriation Act for public use as a roadway, lane, avenue, By-law No. 86/2016 9 road or highway. In addition to the roadway, it includes all shoulders, curbs, boulevards and sidewalks located within those boundaries. “traffic control device” means a sign, signal, light, marking or device placed or erected by or on behalf of the City for the purpose of regulating parking or regulating, warning or guiding traffic. “trailer” means a vehicle designed for carrying goods or persons and for being towed by a motor vehicle. “vehicle” means a vehicle as defined in subsection 1(1) of The Highway Traffic Act. “Winnipeg Parking Authority” means the City ’s special operating agency that manages parking on streets and in city parking facilities. 2(2) For the purposes of this by-law,
• (a) a vehicle, whether occupied or not, is stopped when it stands motionless, unless it is standing motionless in order to avoid conflict with other traffic, to allow an emergency vehicle to pass, or to comply with a traffic control device or a direction of a peace officer; and
• (b) a vehicle that is stopped is also parked if it
• (i) is left unattended, or
• (ii) remains stopped for more than 5 minutes. 2(3) If one vehicle, such as a truck or trailer, has a second vehicle placed in or on it, or attached to it, this by-law applies to the first vehicle but not the second vehicle. amended 70/2023 3 Reference to time 3 A reference to a time in this by-law or on any traffic control device that prohibits or regulates stopping or parking on a street or in a city parking facility is a reference to the time determined in accordance with The Official Time Act. 4 Contravention by owner or operator 4(1) If a vehicle is stopped or parked in contravention of a provision of this by-law, the operator of the vehicle is in contravention of that provision and is liable to pay any fine or administrative penalty imposed in respect of that contravention. 4(2) If a vehicle is stopped or parked in contravention of a provision of this by-law, an owner of the vehicle who was not the operator is also responsible for that contravention and is liable to pay any fine or administrative penalty imposed in respect of that contravention unless the owner establishes that the vehicle was in the possession of the operator without the owner’s consent. By-law No. 86/2016 10 4(3) If both the owner of a vehicle and its operator are liable for the same contravention, a penalty notice may be issued to either of them or separate penalty notices may be issued to each of them. If they are each issued a penalty notice, each is liable for the amount payable under the notice issued to him or her. 4(4) If a trailer connected to a motor vehicle is stopped or parked in contravention of this by- law, the operator and the owner of the motor vehicle are liable for that contravention. 5 Causing or permitting contravention 5 A person who causes or permits a contravention of a provision of this by-law is in contravention of that provision. 6 Peace officer’s direction supersedes 6 A provision of this by-law prohibiting or regulating the stopping or parking of a vehicle does not apply to a vehicle stopped or parked as directed by a peace officer. PART 2 RESTRICTIONS THAT APPLY TO VEHICLES ON STREETS OR IN CITY PARKING FACILITIES OR DESIGNATED PARKING SPACES APPLICATION OF RULES 7 Exemption by permit 7(1) A provision of this Part does not apply to a vehicle for which a permit has been issued under Part 3 if
• (a) the permit is valid and applies to that provision at the time when, and at the place where, the vehicle is stopped or parked in contravention of the provision; and
• (b) all the conditions that apply to the permit or the permit holder are being complied with. 7(2) A provision of this Part, other than a provision that requires the payment of a parking fee, does not apply to a vehicle while it is parked or stopped in accordance with a valid Use of Street Permit issued under the Streets By-law if the permit is made immediately available for inspection on request by an enforcement officer. 8 Emergency response vehicles 8 This Part does not apply to an emergency response vehicle (such as a police vehicle, an ambulance or a paramedic or fire response vehicle) when it is being used in connection with an emergency response. By-law No. 86/2016 11 9 Certain vehicles exempt 9(1) A provision of this Part that prohibits or regulates the stopping or parking of a vehicle (other than a provision that requires the payment of a parking
• fee) does not apply to the following:
• (a) a vehicle being used in a policing operation if the vehicle
• (i) bears the markings of a police vehicle or is registered with the Winnipeg Parking Authority for the purpose of this section, and
• (ii) is being used by the Winnipeg Police Service or by a person providing a service to or on behalf of the Winnipeg Police Service under a contract with the City;
• (b) any of the following vehicles if it is stopped or parked where it is safe to do so and stopping or parking the vehicle at that location is required to perform work on a street:
• (i) a vehicle of the City or of a contractor performing work on the street under a contract with the City,
• (ii) a vehicle of Manitoba Hydro,
• (iii) a vehicle of the government of Manitoba or the Government of Canada. 9(2) A provision of this Part that requires the payment of a parking fee does not apply to the following:
• (a) a vehicle of the Winnipeg Police Service that bears the markings of a police vehicle or is registered with the Winnipeg Parking Authority for the purpose of this section;
• (b) a crested vehicle of the City if it is being used by the operator in the performance of his or her duties;
• (c) a vehicle of the Department of National Defence of Canada that displays number plates issued by that department;
• (d) any of the following vehicles if it is stopped or parked where it is safe to do so and stopping or parking the vehicle at that location is required to perform work on a street:
• (i) a vehicle of the City or of a contractor performing work on the street under a contract with the City,
• (ii) a vehicle of Manitoba Hydro,
• (iii) a vehicle of the government of Manitoba or the Government of Canada. By-law No. 86/2016 12 9(3) For the purposes of subsections (1) and (2), “work on a street” refers to work being done within the street, including any structure forming part of the street, and does not refer to work being done on property adjacent to a street. added 113/2017 PARKING AND STOPPING RULES