Discussions

I see this a lot there and also at Victoria Ave. West by Birchwood Nissan and the turnoff for Fowler's.  
 
Its too bad BPS usually isn't around to see it.

Probably Same people that when making a left turn at lights go into the far right hand lane instead of close lane. See this all the time in this city.

Might wanna read your own link especially a)

Pay attention  
It’s illegal for drivers to pass traffic that is slowing down or stopped for pedestrians at a marked crosswalk.  
 
Yup, makes perfect sense, it's illegal.

If you mean the other link, keep reading instead of assuming  
 
 
 
Section 115 (2)  
 
When the movement cannot be made with reasonable safety: or  
 
By driving off the road.  
 
There is no roadway, it is single lane, hence illegal  
 
Edited by GlassSpider, 2016-04-25 18:50:27

Overtaking on right prohibited with exceptions  
 
115(1) A driver shall not overtake and pass upon the right of another vehicle, except  
 
(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn: or  
 
(b) when on a laned roadway there are two or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle: or  
 
(c) upon a one-way roadway, where the roadway is free from obstructions and is of sufficient width for two or more lines of moving vehicles.  
 
Where no exceptions  
 
115(2) Notwithstanding subsection (1), no driver shall overtake and pass another vehicle upon the right,  
 
(a) when the movement cannot be made with reasonable safety: or  
 
(b) by driving off the roadway.  
 
So if there is a road, and its safe fully legal. If there is no road then it is illegal.  
 
Google Streetview tells me, there is no roadway and OP was 100% correct! Way to go OP first time for everything.

I think the OP is still wrong, even when you read the posted regs.  
 
I'm fairly certain a "roadway" is not limited to the paved surface. A gravel shoulder (the shoulder of the road) would be considered part of the "roadway".

No it's not.  
 
"roadway" means the portion of a highway that is improved, designed, or ordinarily used for vehicular traffic, and includes that portion thereof that, but for the presence of a safety zone, would be ordinarily so used, but does not include the shoulder: and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not all of the roadways collectively: (« chaussée »)  
 
https://web2.gov.mb.ca/laws/statutes/ccsm/h060e.php

The pavement is conveniently extra-wide at that spot, as if to make room for vehicles to get around left-turning traffic. I'm certain that is the purpose for this extra pavement. There were probably lines indicating this at some point in distant history, but as we are all aware, permanent and maintained painted lines on roads are a luxury enjoyed by summer states, not Manitobans.  
 
The crosswalk doesn't belong in this discussion because it is found after the intersection, and the rule exception is for left-hand turning vehicles. Nobody is passing vehicles that are stopped for pedestrians, or at least haven't mentioned about it here yet. Obviously drivers passing here should be checking the crosswalk, regardless of circumstances.  
 
Seeing how that area is about to experience a significant commercial development of the property, the city should be making plans right now to expediently install left-hand turn-outs for the increased vehicle traffic accessing the WestVic Common along 34th St, as well as improving Victoria Eastbound and Westbound.

What is the commercial development? Is the old zellers FINALLY being filled??

Drives me nuts when people pass on the shoulder in this area.

Unless the intersection has changed significantly from the picture I posted. It is a gravel shoulder and is not part of the "roadway". Again the picture shows the OP is correct.

all the time at Neelin High School at 10th & Brandon Ave. Cars travelling south on 10th Street, signalling to turn left off of 10th street and cars passing on the right using the parking lane and proceeding right through the intersection without slowing down. What if someone is signalling to turn at the same time that a pedestrian is trying to cross?

the pavement is easily wide enough to pass here or add a passing lane, unless the turning car isnt near the center where they should be.  
 
can't really ask for precision from anyone on this road because theres ZERO painted lines or permanent signage to provide guidance.

got ticketed on this exact issue back in 1990 before I knew better. Had the police officer explain to me what I'd done wrong. He said if there was a lane on the right and NOT a gravel shoulder, it would have been legal. There was only a gravel shoulder: I passed a left turning vehicle on its right, and I was in violation of the law. Since then I stop behind left turning vehicles if there is no LANE. I find it interesting that if I'm doing just this, which makes two cars (me and the left turning vehicle ahead of me) the next car behind me does not pass on the right. That is because they see I am going straight on once it is clear. So people "get it" in that case.

Ok I'm confused if anyone knows or has a link that will tell me please do. So if someone passes on the right while a person is waiting to turn left on a street like Brandon ave between 18th and 26th (parking lane is empty) is that legal?

I got the ticket to prove its illegal.  
Traveling north on 34th, car was turning left into sobeys . I passed on the right.  
Got a ticket. 2 points off my license.  
$280 fine.