Ontario Bill 75 (44th Parliament, 1st Session)
Bill 75, 44-1
Ontario — Bills
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Bill 75, Keeping Criminals Behind Bars Act, 2026
Kerzner, Hon. Michael S. Solicitor General
Current status:
Royal Assent received. Statutes of Ontario 2026,
chapter 7
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Bill 75 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 75 and does not form part of the law.
Bill 75 has been enacted as
Chapter 7 of the Statutes of Ontario, 2026.
SCHEDULE 1
ANIMALS FOR RESEARCH ACT
The
Animals for Research Act is amended.
Under
new
section 15.1, invasive medical research on cats, dogs and other prescribed
animals is prohibited, subject to specific exceptions. Other research on cats,
dogs and other prescribed animals is prohibited unless specific conditions are
met.
The
roles and responsibilities of animal care committees in registered research
facilities are set out.
Operators
of supply facilities are prohibited from breeding cats or dogs for research
purposes.
Minor
offences and major offences, and maximum penalties for each, are set out.
Various
technical amendments are made, including with respect to the registration of
research facilities.
SCHEDULE 2
BAIL ACT
The
Schedule makes various amendments to the Bail Act ,
including the following:
1. Subsection
1 (1) is repealed and replaced so that certificates of lien are no longer
delivered or transmitted to the sheriff of the county in which the land
mentioned in the certificate is located but instead registered, in the proper
land registry office, against the land mentioned in the certificate for an
amount equal to the amount a surety has promised to pay.
Section
2 is repealed and replaced to provide that if a surety fails to pay any amount
they owe to the Crown under
section 771 of the Criminal
Code (Canada), the Crown may enforce the lien by sale of the real
property against which it is registered.
3. A
new
section 3 provides that a lien arising from a certificate of lien
registered against the land expires six years after the day the certificate was
registered, unless certain conditions apply.
Section
8 is repealed and replaced to authorize the Minister of the Finance to take
measures in order to enforce the collection of debt to the Crown under
section
771 of the Criminal Code (Canada).
5. A
new
section 8.0.1 requires payment from an accused or surety if a release order
referred to in
section 515 of the Criminal Code
(Canada) sets out a requirement for the accused or surety to pay an amount of
money if the accused fails to comply with a condition of the order.
6. Related
transition rules are set out in a new
section 8.4.
SCHEDULE 3
CONSTABLE JOE MACDONALD PUBLIC SAFETY OFFICERS’ SURVIVORS SCHOLARSHIP FUND ACT,
The
Schedule enacts the Constable Joe MacDonald Public Safety
Officers’ Survivors Scholarship Fund Act, 2026 . The major elements of
the Act are described below.
Currently,
the Constable Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund
is established under an Order in Council to provide and distribute scholarships
for the surviving spouses and children of public safety officers who died in
the line of duty. The Act continues this Fund and sets out rules for the
granting of scholarships, while also allowing the scholarships to be granted in
circumstances prescribed in the regulations. It also continues the Constable
Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund Committee that
was originally established by Order in Council and sets out rules respecting
its membership and functions. Regulation-making powers are added respecting the
Fund and scholarships granted under the Act.
SCHEDULE 4
CORONERS ACT
The
Schedule amends the Coroners
Act .
Currently,
clause 7 (1) (
c) of the Act requires the Chief Forensic Pathologist to conduct
programs for the instruction of pathologists. This is replaced with new
requirements to facilitate the postgraduate training of pathologists and to
conduct continuing education programs.
New
section 50.2 is added to the Act. This
section prohibits photographs, audio or
video recordings or other records at an inquest and in certain related
contexts. It also prohibits the publication, broadcasting or reproduction of
those records. Exceptions are set out for notes, sketches, certain audio
recordings and specified records that have been authorized by the presiding
coroner. Contraventions of this
section are offences.
SCHEDULE 5
HIGHWAY TRAFFIC ACT
The
Schedule makes various amendments to the Highway Traffic
Act relating to driver’s licence suspensions, vehicle impoundments and
increased fines in certain circumstances, including amendments providing for
and respecting the following:
1. Indefinite
suspension, in certain circumstances, of the driver’s licence of a person who
is convicted of a Criminal Code (Canada) offence
respecting dangerous operation of a conveyance causing death.
2. Suspension
of a person’s driver’s licence and the impoundment of the person’s vehicle if a
police officer believes a contravention of Criminal Code
(Canada) provisions respecting dangerous operation of conveyances has occurred.
3. The
right to appeal the impoundment of the person’s vehicle for driving while the
person’s licence is suspended and the grounds and processes for the appeal.
4. Higher fines and longer licence suspensions in certain
circumstances on conviction for the offence of driving while suspended and
longer periods for which the vehicle that was driven may be impounded.
5. Higher fines on conviction for the
offence of driving with a visible display screen if the offence was committed
by means of a commercial motor vehicle.
6. Higher
fines and suspension of a person’s driver’s licence on conviction for the
offence of driving while holding devices if the offence was committed by means
of a commercial motor vehicle.
7. Suspension
of a person’s driver’s licence if a police officer believes the offence of
driving carelessly has occurred.
SCHEDULE 6
POLICE RECORD CHECKS REFORM ACT, 2015
The
Schedule amends the Police Record Checks Reform Act, 2015 .
Under
section 9 of the Act, a police record check provider shall not disclose
information unless the information is authorized to be disclosed in connection
with a particular type of police record check in accordance with the
Schedule
to the Act.
Currently,
the
Schedule to the Act authorizes, for certain types of police record checks,
the disclosure of every criminal offence of which the individual has been
convicted and for which a pardon has not been issued or granted, with the
exception that such an offence may not be disclosed in the case of a
summary
conviction if the request for information is made more than five years after
the date of the
summary conviction.
The
Schedule to the Act is amended to provide that this exception to the disclosure
applies to convictions for an offence that may be prosecuted only by way of
summary conviction proceedings if the request is made more than five years
after the date of the conviction.
New
section 14.1 of the Act requires a police record check provider to comply with any
prescribed service standards with respect to conducting police record checks.
Certain causes of actions are extinguished with respect to any purported
failure to comply with those service standards.
The
Minister is authorized to make regulations for the purposes of
section 14.1 of
the Act, such as regulations establishing service standards or requiring that a
police record check provider report on such matters respecting compliance with
the service standards as the regulations specify.
SCHEDULE 7
PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019
The
Schedule amends the Provincial Animal Welfare Services
Act, 2019 .
Currently,
section 49 of the Act sets out the same sanctions for contravening the
prohibition on causing harm or attempting to cause harm to an animal that works
with peace officers and the prohibition on causing harm or attempting to cause
harm to a service animal. These sanctions include a minimum fine of $25,000 as
well as a maximum fine. For an individual, the maximum fine is $130,000 for a
first offence and $260,000 for a second or subsequent offence. For a
corporation, the maximum fine is $500,000 for a first offence and $1,000,000
for a second or subsequent offence.
Section
49 is amended to change the fines that may be imposed for contravening the
prohibition on causing harm or attempting to cause harm to an animal that works
with peace officers. The minimum fine is increased to $50,000 and the maximum
fine becomes, in the case of an individual, $260,000, or in the case of a
corporation, $1,000,000, regardless of whether it is a first, second or
subsequent offence.
Consequential
amendments are made to reflect this change.
addition, corrections are made to the French version of the Act.
Bill 75 2026
Act to enact the Constable Joe MacDonald Public Safety Officers’ Survivors
Scholarship Fund Act, 2026 and to amend various other Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Animals
for Research Act
Schedule 2
Bail
Act
Schedule 3
Constable
Joe Macdonald Public Safety Officers’ Survivors Scholarship Fund Act, 2026
Schedule 4
Coroners
Act
Schedule 5
Highway
Traffic Act
Schedule 6
Police
Record Checks Reform Act, 2015
Schedule 7
Provincial
Animal Welfare Services Act, 2019
Preamble
The
Government of Ontario is committed to:
Reforming
the bail system to protect Ontario communities;
Stopping
dangerous drivers to keep Ontario roads and highways safe;
Improving
access to justice and protecting public safety; and
Promoting
the humane treatment of animals.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2
and 3, and the Schedules to this Act.
Commencement
(1) Except as otherwise provided
in this section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into force
on a day to be named by order of the Lieutenant Governor in Council, an order
may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Keeping Criminals Behind Bars Act, 2026 .
SCHEDULE 1
ANIMALS FOR RESEARCH ACT
(1) The definition of “Minister” in subsection 1 (1) of the Animals for Research Act is repealed and the following
substituted:
“Minister”
means the Minister of Agriculture, Food and Agribusiness or such other member
of the Executive Council to whom responsibility for the administration of this
Act may be assigned or transferred under the Executive
Council Act ; (“ministre”)
(2) Subsection
1 (1) of the Act is amended by adding the following
definitions:
“Ministry”
means the ministry of the Minister; (“ ministère ”)
“prescribed”
means prescribed by the regulations; (“ prescrit ”)
The Act is amended by adding the following section:
Prohibited
breeding
3.1 No operator of a supply
facility shall breed cats or dogs for research purposes.
Subsections 4 (2) and (3) of the Act are repealed and the following
substituted:
Registration,
renewals
(2) Subject
to subsection (3), the Director shall register a research facility, or renew
the registration of a research facility, whose operator applies for
registration or renewal and pays the prescribed fee unless the Director is of
the opinion that,
(
a) the
past conduct of the applicant or, if the applicant is a corporation, of its
officers, its directors or any prescribed persons, affords reasonable grounds
to believe that the applicant will not operate the research facility in
accordance with the law;
(
b) the
research facility does not have the pens, cages, compounds, tools, implements,
buildings and dietary materials necessary to properly care for and handle
animals;
(
c) the
research facility was formerly registered and its registration was revoked less
than one year before the date of the application; or
(
d) the
applicant or the research facility does not meet the prescribed requirements,
if any.
Refusal
to register, renew
(3) The
Director may, after a hearing, refuse to register a research facility or renew
the registration of a research facility if the Director is of the opinion that
one or more of the grounds set out in clause (2) (a), (
b) or (
d) exist.
Section 5 of the Act is repealed and the following substituted:
Suspension,
revocation
The
Director may, after a hearing, suspend or revoke the registration of a research
facility if,
(
a) any
of the facilities, equipment or materials referred to in clause 4 (2) (
b) have
not been properly maintained or are no longer available at the research
facility; or
(
b) the
operator of the research facility or any person employed by or associated with
the operator in the operation of the research facility has failed to comply
with this Act or the regulations or with any Act relating to cruelty to or
maltreatment or neglect of animals.
Subsection 12 (2) of the Act is repealed.
(1) Subsection 14 (2) of the Act is repealed and the following
substituted:
Sale,
gift, etc.
(2) No
operator of a research facility shall sell, gift or otherwise transfer
ownership of an animal to any person unless,
(
a) the
research facility has a written procedure for transferring ownership of
animals;
(
b) the
procedure satisfies any prescribed requirements;
(
c) the
procedure has been reviewed and approved by an animal care committee; and
(
d) the
operator complies with the approved procedure.
(2) Subsection
14 (3) of the Act is amended by adding the following clause:
(0.
a) the
sale, gift or transfer of ownership of an animal owned by the operator of the
research facility in their personal capacity or for a purpose other than
research;
The Act is amended by adding the following section:
Invasive medical research
15.1
(1) No
person shall perform invasive medical research on cats, dogs or other
prescribed animals.
Exception
(2) Despite
subsection (1), invasive medical research on an animal mentioned in that
subsection is permitted at a registered research facility if,
(
a) the
research is for a veterinary purpose set out in the regulations or is otherwise
described in the regulations;
(
b) the
operator of the registered research facility where the research would be
performed submits a research project proposal that meets the prescribed
criteria, if any, to the animal care committee for the registered research
facility;
(
c) the
animal care committee reviews the research project proposal and provides the
operator of the registered research facility with its approval, in writing, in
accordance with subsection 17 (3.1); and
(
d) the
research is carried out in accordance with the approved research project
proposal and in accordance with any prescribed requirements, conditions or
limitations.
Other
research
(3) No
person shall perform any research other than invasive medical research on cats,
dogs or other prescribed animals unless the conditions in clauses (2) (
b) to
(
d) are satisfied with respect to the research.
(1) Subsection 17 (1) of the Act is repealed and the following
substituted:
Animal
care committee
(1) The
operator of a registered research facility shall ensure that,
(
a) an
animal care committee is established or engaged in respect of the research
facility in accordance with this section; and
(
b) the
animal care committee carries out its duties under this Act with respect to the
research facility.
Membership
(1.1) The
members of the animal care committee shall include,
(
a) at
least one veterinarian; and
(
b) such
other members as may be required by the regulations or who meet such criteria
as may be set out in the regulations.
(2) Subsection
17 (2) of the Act is repealed and the following substituted:
Responsibility
of animal care committee
(2) Every
animal care committee established or engaged under subsection (1) in respect of
a registered research facility shall be responsible for co-ordinating and
reviewing the following from time to time for the facility:
1. Its
activities and procedures relating to the care of animals.
2. Its
standards of care and facilities, equipment and materials for animals.
3. The
training for and qualifications of personnel engaged in the care of animals at
the facility.
4. Its
protocol for how animals will be used in research.
5. Its
procedures for the prevention of unnecessary pain including the use of
anaesthetics and analgesics.
(3) Section
17 of the Act is amended by adding the following subsections:
Review
of research project proposal
(3.1) In
the prescribed circumstances, the animal care committee shall,
(
a) review
research project proposals to assess compliance with any prescribed criteria
mentioned in
section 15.1;
(
b) if
it approves a research project proposal, include confirmation of how the
proposal satisfies the criteria mentioned in clause (a); and
(
c) provide
the research facility with a written record of its review.
Records
(3.2) The
operator of a registered research facility shall retain records of the animal
care committee’s reviews and assessments under this Act in accordance with the
regulations.
(4) Subsection
17 (4) of the Act is amended by striking out “an offence has been or will be
committed against
section 16 in any research facility in connection with which
it is established” in the portion before clause (
a) and substituting “section
15.1 or 16 is being contravened or will be contravened in any research facility
in respect of which it is established or engaged”.
(1) Clause 18 (3) (
c) of the Act is amended by striking out
“relating to animals that” in the portion before subclause (
i) and substituting
“ relating to research conducted at a research facility
or proposed to be conducted at a research facility or relating to animals that ”.
(2) Subsection
18 (4) of the Act is amended by adding “or 158.1” after “158” in the portion
before clause (a).
(3) Subsection
18 (5) of the Act is amended by adding “or 158.1” after “158”.
(1) Subsection 20 (4) of the Act is repealed and the following
substituted:
Identifying
dogs, cats
(4) The
operator of a pound who has impounded a dog or cat shall take any prescribed
steps, and any other reasonable steps, to find the owner of the dog or cat and
shall notify the owner as soon as reasonably possible that the dog or cat has
been impounded.
(2) Clause
20 (6) (
c) of the Act is amended by striking out “sell” at the beginning and
substituting “subject to the regulations, sell”.
Section 21 of the Act is repealed and the following substituted:
Offences
Minor
offences
(1) Every
person is guilty of an offence who,
(
a) contravenes
a provision of this Act or the regulations not referenced in subsection (2);
(
b) contravenes
or fails to comply with an order of an animal care committee under subsection
17 (4); or
(
c) knowingly
provides false or misleading information to the chief inspector or to another
inspector.
Major
offences
(2) Every
person is guilty of an offence who contravenes any of the following:
1. Subsection
2 (1) (Operator required to be licensed).
2. Subsection
4 (1) (Research facility required to be registered).
3. Subsection
14 (1) (Purchase or other acquisition of animals).
4. Subsection
14 (2) (Sale, gift, etc.).
5. Subsection
15.1 (1) (Invasive medical research).
6. Subsection
15.1 (3) (Other research).
7. Subsection
16 (1) (Animals to be anaesthetized).
8. Subsection
16 (2) (Analgesics to be provided).
9. Subsection
17 (1) (Animal care committee).
10. Subsection
20 (5) or (6) (Dog or cat not to be destroyed).
Penalty
— individual, minor offences
(3) On
conviction under subsection (1), an individual is liable,
(
a) in
the case of a first offence, to a fine of not more than $75,000, to
imprisonment for a term of not more than six months, or to both; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than
$100,000, to imprisonment for a term of not more than one year, or to both.
Penalty
— individual, major offences
(4) On
conviction under subsection (2), an individual is liable,
(
a) in
the case of a first offence, to a fine of not more than $130,000, to
imprisonment for a term of not more than two years, or to both; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than
$260,000, to imprisonment for a term of not more than two years, or to both.
Penalty
— corporation, minor offences
(5) On
conviction under subsection (1), a corporation is liable,
(
a) in
the case of a first offence, to a fine of not more than $100,000; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than
$250,000.
Penalty
— corporation, major offences
(6) On
conviction under subsection (2), a corporation is liable,
(
a) in
the case of a first offence, to a fine of not more than $500,000; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than
$1,000,000.
(1) Section 23 of the Act is amended by adding the following
clauses:
(0.
a) respecting
anything in this Act that is described as being prescribed or done by
regulation;
(0.
b) defining
or clarifying the meaning of any word or expression used in this Act that is
not otherwise defined in this Act;
. . . .
(d.1) governing
animal care committees or assigning them duties;
. . . .
(e.1) governing
standards or requirements for the carrying out of research in a research
facility, including conditions, limitations and restrictions in respect of the
research;
. . . .
(n.1) governing
such transitional matters as the Lieutenant Governor in Council considers
necessary or advisable in connection with the implementation of the amendments
made by the Keeping Criminals Behind Bars Act, 2026 ;
(2) Clause
23 (
h) of the Act is amended by adding “and for how long they shall be kept” at
the end.
The Act is amended by adding the following section:
General
provisions re regulations
General
or particular
(1) A
regulation under this Act may be general or particular in its application.
Incorporation
by reference, standards of practice
(2) A
regulation may incorporate by reference, in whole or in part and with such
changes as are considered necessary, any code, standard, guideline or similar
document.
Rolling
incorporation
(3) If
a regulation incorporates by reference a code, standard, guideline or similar
document, the regulation may require compliance with the code, standard,
guideline or document as amended from time to time, whether the amendment was
made before or after the regulation was made.
Same
(4) A
code, standard, guideline or similar document adopted pursuant to subsection
(3) must be created by a recognized body and must not be a code, standard,
guideline or document created by the Ministry.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 2
BAIL ACT
Subsection 1 (1) of the Bail Act is repealed and
the following substituted:
Registration
of certificate of lien
(1) In
cases where a release order referred to in
section 515 of the Criminal Code (Canada) is made in respect of an accused,
the Crown Attorney may register, in the proper land registry office, a
certificate of lien against the land mentioned in the certificate for an amount
equal to the amount a surety has promised to pay in the release order if the
accused fails to comply with a condition of the order.
Section 2 of the Act is repealed and the following substituted:
Sale
of land in the event of default
If the
surety referred to in subsection 1 (1) fails to pay to the Crown any amount the
surety has been ordered to pay under
section 771 of the Criminal
Code (Canada), the Crown may enforce the lien by sale of the real
property against which it is registered in the same manner as a sale to realize
on a mortgage.
Expiry
of lien
A lien
arising from a certificate of lien registered under
section 1 expires on the
sixth anniversary of the date the certificate was registered against the land
unless, before the end of the six-year period,
(
a) a
writ of fieri facias issued under
section 771 of the Criminal
Code (Canada) against the surety referred to in subsection 1 (1) of this
Act is filed with the sheriff of the county in which the land is situated; and
(
b) the
sheriff takes all the steps they are required to take under subsection 10
(4) of the Execution Act in respect of the writ they
have received.
Section 6 of the Act is repealed.
Subsection 7 (1) of the Act is repealed and the following substituted:
Certificate
of discharge
(1) The
Crown Attorney may,
(
a) register
a certificate of discharge in the proper land registry office; or
(
b) if
the certificate of lien is continued under
section 8.4, deliver a certificate
of discharge to the sheriff to whom the certificate of lien was delivered or
transmitted.
Section 8 of the Act is repealed and the following substituted:
Collection of amounts owed to the Crown
(1) The
Minister of Finance may take one or more of the measures described in
section
11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act
to enforce the collection of a debt to the Crown under
section 771 of the Criminal Code (Canada) if the Minister responsible for
the administration of this Act has entered into a memorandum of understanding
under
section 11.1 of the Ministry of Revenue Act
for the Minister of Finance to provide collection services.
Application
of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act
(2) None
of the measures described in
section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act shall be taken with respect to
debt referred to in subsection (1) of this
section unless,
(
a) the
Minister responsible for the administration of this Act has entered into a
memorandum of understanding with the Minister of Finance for the purpose of
authorizing the Ministry of Finance to take such measures; and
(
b) such
measures are taken in accordance with,
(
i) the
terms set out in the memorandum of understanding referred to in clause (a), and
(ii) any
other requirements, limitations, conditions or terms prescribed by the
regulations.
The Act is amended by adding the following section:
Security
deposit
8.0.1
(1) The
following requirements apply with respect to a release order referred to in
section 515 of the Criminal Code (Canada) made in
respect of an accused:
1. If
the order sets out the accused’s promise to pay a specified amount if the
accused fails to comply with a condition of the order, the accused shall pay
the amount specified in the order to the person specified in the regulations,
at the time and in the manner specified in the regulations.
2. If
the order sets out a surety’s promise to pay a specified amount if the accused
fails to comply with a condition of the order, the surety shall pay the amount
specified in the order to the person specified in the regulations, at the time
and in the manner specified in the regulations.
Offence
(2) A
person who fails to comply with subsection (1) is guilty of an offence.
Subsection 8.1 (2) of the Act is amended by adding the following paragraph:
1.2 A
person named as a surety in a release order referred to in
section 515 of the Criminal Code (Canada) for which a certificate of default
has been endorsed under
section 770 of that Act.
The Act is amended by adding the following sections:
Limitation
period
8.3 A proceeding for an
offence under this Act shall not be commenced after five years after the date
on which the offence was, or is alleged to have been, committed.
Transition
8.4
(1) Certificates
of lien that were delivered or transmitted to the sheriff of the county in
which the land is situated before the day
section 8 of
Schedule 2 to the Keeping Criminals Behind Bars Act, 2026 came into force
continue to be in effect but are deemed to expire two years after that day
unless a writ of fieri facias issued under
section 771 of the Criminal Code (Canada) in respect of the lien is filed
with the sheriff before they expire.
Same
(2) The
sheriff may withdraw from the index of writs of execution maintained under the Execution Act any certificate of lien deemed to have
expired under subsection (1) without notice to the Crown Attorney.
(1) Section 9 of the Act is amended by adding the following clause:
(
c) prescribing
requirements, limitations, conditions or terms for the purposes of subclause 8
(2) (b) (ii).
(2) Section
9 of the Act is amended by adding the following clauses:
(
d) governing
the payment of amounts under subsection 8.0.1 (1);
(
e) providing for the administration of
amounts received under subsection 8.0.1 (1), including how such amounts shall
be held and administered and the circumstances in which an amount or part of an
amount shall be refunded to the person who paid the amount.
(3) Section
9 of the Act is amended by adding the following subsection:
Regulations
re transitional matters
(2) The
Minister responsible for the administration of this Act may make regulations
governing transitional matters that, in the opinion of the Minister, are
necessary or advisable to deal with issues arising out of the amendments to
this Act made by
Schedule 2 to the Keeping Criminals
Behind Bars Act, 2026 .
Execution
Act
(1) Paragraph 1 of subsection 10 (4) of the Execution
Act is amended by striking out “under the Bail Act ”
and substituting “continued under
section 8.4 of the Bail
Act ”.
(2) Subsection
10 (6) of the Act is amended by striking out “under the Bail
Act ” and substituting “continued under
section 8.4 of the Bail Act ”.
Land
Titles Act
Subsection 136 (2) of the Land Titles Act is
amended by striking out “any certificate of lien under the Bail Act ” and substituting “by any certificate of lien
continued under
section 8.4 of the Bail Act ”.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 3
CONSTABLE JOE MACDONALD PUBLIC SAFETY OFFICERS’ SURVIVORS SCHOLARSHIP FUND ACT,
CONTENTS
Definitions
Fund
continued
Minister’s
responsibility
Applications
for scholarships
Committee
Regulations
Commencement
Short
title
Definitions
1 In this Act,
“Committee”
means the committee continued under
section 5; (“Comité”)
“Fund”
means the fund continued under
section 2; (“Fonds”)
“Minister”
means the Solicitor General or such other member of the Executive Council to
whom responsibility for the administration of this Act may be assigned or
transferred under the Executive Council Act ; (“ ministre ”)
“prescribed”
means prescribed by the regulations; (“ prescrit ”)
“public
safety officer” means,
(
a) a
police officer as defined in subsection 2 (1) of the Community
Safety and Policing Act, 2019 ,
(
b) a
First Nation Officer as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019 ,
(
c) a
firefighter as defined in subsection 1 (1) of the Fire
Protection and Prevention Act, 1997 ,
(
d) a
person employed under
Part III of the Public Service of
Ontario Act, 2006 as a correctional officer, probation officer or parole
officer, or any combination thereof,
(
e) a
probation officer as defined in
section 144 of the Child,
Youth and Family Services Act, 2017 , or
(
f) a
member of any other prescribed category; (“ agent de sécurité
publique ”)
“regulations”
means the regulations made under this Act. (“ règlements ”)
Fund
continued
(1) The Constable
Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund established
by Order in Council 1453/97 is continued under this Act under the name
Constable Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund in
survivants d’agents de sécurité publique in French.
Purpose
(2) The
purpose of the Fund is to provide and distribute scholarships to provide for
the costs of tuition and student living allowances for post-secondary education
to the surviving spouses and children of public safety officers who died in the
line of duty or in other prescribed circumstances.
Initial
balance transfer
(3) On
the day this
section comes into force, the amount of the balance that was
credited to the Constable Joe MacDonald Public Safety Officers’ Survivors
Scholarship Fund established by Order in Council 1453/97, including, for
greater certainty, the initial principal amount of $5 million and any interest
earned but not paid out from the Fund, shall be credited to the account of the
Fund continued under this Act.
Additional
funding
(4) The
Treasury Board, having regard to the Fund’s condition, expenditures and
forecasted liability, may direct that the Fund be credited with such an amount
as may be considered necessary or advisable.
Authorized
charges
(5) Amounts
may be charged to the Fund and paid out of the Consolidated Revenue Fund for
the following purposes:
1. To
fund the grant of a scholarship as described in
section 4.
2. To
fund reimbursement of the expenses of the Committee as described in subsection
5 (5).
3. For
any other prescribed purpose in respect of the administration of the Fund.
Minister’s
responsibility
3 The Minister shall be responsible for the
granting and administration of scholarships under this Act.
Applications
for scholarships
(1) A spouse or a child of a public
safety officer who died in the line of duty or in the prescribed circumstances
may apply to the Minister for a scholarship from the Fund to support their
education at a post-secondary institution.
Form
and manner of application
(2) The
application must be made in the form and manner approved by the Minister.
Granting
of scholarships
(3) The
Minister shall grant a scholarship to the applicant if, in the Minister’s
opinion, the application has met the prescribed criteria, taking into account
any recommendations of the Committee.
Amount
(4) The
amount of the scholarship shall be determined in accordance with the rules set
out in the regulations and may, for greater certainty, include amounts
respecting the cost of tuition or a student living allowance.
Ongoing
eligibility
(5) A
person who has been granted a scholarship under this Act must meet the
prescribed eligibility criteria, if any, in order to continue receiving the
scholarship.
Committee
(1) The Constable Joe MacDonald
Public Safety Officers’ Survivors Scholarship Fund Committee established by
Order in Council 1453/97 is continued under this Act.
Mandate
(2) The
Committee shall review applications submitted under this Act and make
recommendations to the Minister about them.
Members
(3) The
Minister shall appoint the members of the Committee for a term not exceeding
three years and may reappoint members for any number of additional terms which
each must not exceed three years.
Chair
(4) The
Minister shall designate one member of the Committee as the chair and may
designate one or more members as vice-chairs.
Reimbursement
for reasonable expenses
(5) The
members of the Committee shall not receive remuneration but may be reimbursed
for reasonable expenses incurred in performing their duties under this Act in
accordance with the directives or guidelines issued by the Management Board of
Cabinet.
Expenses
(6) The
expenses of the Committee shall be paid from the Fund.
Committee’s
recommendations
(7) The
Committee shall recommend to the Minister that a scholarship be granted if the
prescribed criteria are satisfied.
Regulations
6 The Minister may make regulations,
(
a) prescribing
anything that this Act refers to as being prescribed or set out in the
regulations;
(
b) governing
the administration of the Fund, including payment out of the fund, the
recognition of revenue and the incurrence of expenditures;
(
c) governing
applications for scholarships under this Act;
(
d) governing
the determination of the amount of a scholarship granted under this Act;
(
e) governing
the administration of scholarships granted under this Act;
(
f) establishing
rules or requirements that apply in order for a person to continue to receive a
scholarship that has been granted under this Act;
(
g) defining
or clarifying the meaning of any word or expression used in this Act that is
not otherwise defined in this Act, including, without limiting the generality
of the foregoing,
(i) “child”,
(ii) “died
in the line of duty”,
(iii) “parent”,
(iv) “post-secondary
institution”,
(v) “student
living allowance”;
(
h) governing
transitional matters that may arise due to the enactment of
Schedule 3 to the Keeping Criminals Behind Bars Act, 2026 ;
(
i) respecting
any other matter necessary or advisable to implement this Act effectively.
Commencement
7 The Act set out in this
Schedule comes into force on a
day to be named by order of the Lieutenant Governor in Council.
Short
title
8 The
short title of the Act set out in this
Schedule is
the Constable Joe MacDonald Public Safety Officers’
Survivors Scholarship Fund Act, 2026 .
SCHEDULE 4
CORONERS ACT
Clause 7 (1) (
c) of the Coroners Act is repealed
and the following substituted:
(
c) facilitate
the postgraduate training of pathologists to enable them to provide forensic
pathology services under this Act;
(c.1) conduct
continuing education programs for pathologists who provide services under this
Act;
The Act is amended by adding the following section:
Prohibition
on photographs, recordings, dissemination
50.2
(1) No
person shall,
(
a) take
or attempt to take a photograph, audio or video recording or other record
capable of producing or transmitting visual or aural representations by
electronic means or otherwise,
(
i) at
an inquest,
(ii) of
any person entering or leaving the room in which an inquest is to be or has
been conducted, or
(iii) of
any person in the building in which an inquest is to be or has been conducted
if there is reasonable ground for believing that the person is there for the
purpose of attending or leaving the inquest, other than in an area of the
building designated by the coroner presiding at the inquest for the purpose and
with the person’s consent;
(
b) publish,
broadcast, reproduce or otherwise disseminate a photograph, recording or record
taken in contravention of clause (a); or
(
c) broadcast,
reproduce or otherwise disseminate an audio recording described in clause (2)
(b).
Non-application
(2) Subsection
(1) does not apply with respect to,
(
a) the
unobtrusive making of notes or sketches of events at an inquest by a person;
(
b) the
making of an audio recording at an inquest, unobtrusively and in a manner
authorized by the coroner presiding at the inquest, by a person with standing
at the inquest, a representative of a person with standing at the inquest or a
journalist, for the sole purpose of supplementing or replacing notes; or
(
c) subject
to the authorization of the coroner presiding at the inquest, any act referred
to in subsection (1),
(
i) if
it is required for the presentation of evidence, the making of a record or any
other purpose of the inquest,
(ii) with
the consent of the persons with standing at the inquest and witnesses, or
(iii) in
connection with any ceremonial proceeding.
Offence
and penalty
(3) Every
person who contravenes this
section is guilty of an offence and on conviction
is liable to a fine of not more than $25,000 or to imprisonment for a term of
not more than six months, or to both.
Commencement
This
Schedule comes into force on the day the Keeping
Criminals Behind Bars Act, 2026 receives Royal Assent.
SCHEDULE 5
HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended by adding the
following section:
Suspension
on conviction for dangerous operation causing death
41.0.3
(1) The
driver’s licence of a person who is convicted of an offence under subsection
320.13 (3) of the Criminal Code (Canada) committed
while driving or having the care, charge or control of a motor vehicle, street
car or a motorized snow vehicle, is thereupon suspended indefinitely, subject
to early reinstatement under
section 57.
Same
(2) Subsections
41 (5) and (8) apply to this
section with necessary modifications.
Subsection 41.4 (21) of the Act is amended by adding “48.5” after “48.4”.
Subsection 43 (1) of the Act, as amended by
section 9 of the Safer Roads and Communities Act, 2024 , is amended by
striking out “under subsection 41 (1), 41.0.1 (1) or 42 (1)” and substituting
“under subsection 41 (1), 41.0.1 (1), 41.0.3 (1) or 42 (1)”.
Subsection 48.4 (21) of the Act is amended by adding “48.5” after “41.4”.
The Act is amended by adding the following section:
Police
to require surrender of licence, detention of vehicle
48.5
(1) If a
police officer believes on reasonable and probable
grounds that a person is driving, or has driven, a motor vehicle on a
highway in contravention of
section 320.13 of the Criminal
Code (Canada), the officer shall,
(
a) request
that the person surrender their driver’s licence; and
(
b) detain
the motor vehicle that was being driven by the person until it is impounded
under clause (3) (b).
Administrative
90-day licence suspension
(2) Upon
a request being made under clause (1) (a), the person to whom the request is
made shall forthwith surrender their driver’s licence to the police officer
and, whether or not the person is unable or fails to surrender the licence to
the police officer, the driver’s licence is suspended for a period of 90 days
from the day the request is made.
Administrative
seven-day vehicle impoundment
(3) Upon
a motor vehicle being detained under clause (1) (b), the motor vehicle shall,
at the cost of and risk to its owner,
(
a) be
removed to an impound facility as directed by a police officer; and
(
b) be
impounded for seven days from the day it was detained under clause (1) (b).
Release
of vehicle
(4) Subject
to subsection (6), the motor vehicle shall be released to its owner from the
impound facility upon the expiry of the period of impoundment.
Early
release of vehicle
(5) Despite
the detention or impoundment of a motor vehicle under this section, a police
officer may release the motor vehicle to its owner before it is impounded under
subsection (3) or, subject to subsection (6), may direct the operator of the
impound facility where the motor vehicle is impounded to release the motor
vehicle to its owner before the expiry of the seven days if the officer is
satisfied that the motor vehicle was stolen at the time that it was driven on a
highway in contravention of subsection (1).
Costs
to be paid before release of vehicle
(6) The
person who operates the impound facility where a motor vehicle is impounded
under subsection (3) is not required to release the motor vehicle until the
removal and impound costs for the vehicle have been paid.
Lien
for storage costs
(7) The
costs incurred by the person who operates the impound facility where a motor
vehicle is impounded under this
section are a lien on the motor vehicle that
may be enforced under the Repair and Storage Liens Act .
Duty
of officer re licence suspension
(8) Every
police officer who asks for the surrender of a person’s driver’s licence under
this
section shall keep a record of the licence received with the name and
address of the person and the date and time of the suspension and shall, as
soon as practicable after receiving the licence, provide the person with a
notice of suspension showing the time from which the suspension takes effect
and the period of time for which the licence is suspended.
Duty
of officer re impoundment
(9) Every
police officer who detains a motor vehicle under this
section shall prepare a
notice identifying the motor vehicle that is to be impounded under subsection
(3), the name and address of the driver and the date and time of the
impoundment and shall, as soon as practicable after the impoundment of the
motor vehicle, provide the driver with a copy of the notice showing the time
from which the impoundment takes effect, the period of time for which the motor
vehicle is impounded and the place where the vehicle may be recovered.
Same
(10) A
police officer shall provide a copy of the notice prepared under subsection
(9) to the owner of the motor vehicle by delivering it personally or by mail to the
address of the owner shown on the permit for the motor vehicle or to the latest
address for the owner appearing on the records of the Ministry.
appeal or hearing
(11) There
is no appeal from, or right to be heard before, a vehicle detention or vehicle
impoundment under subsection (1) or (3), but this subsection does not affect
the taking of any proceeding in court.
right to be heard
(12) There
is no right to be heard before a driver’s licence suspension under subsection
(2), but this subsection does not affect the taking of any proceeding in court.
Owner
may recover losses from driver
(13) The
owner of a motor vehicle that is impounded under this
section may bring an
action against the driver of the motor vehicle at the time the vehicle was
detained under clause (1) (
b) to recover any costs or other losses incurred by
the owner in connection with the impoundment.
Offence
(14) Every
person who obstructs or interferes with a police officer in the performance of
the officer’s duties under this
section is guilty of an offence and on
conviction is liable to a fine of not less than $200 and not more than $5,000
or to imprisonment for a term of not more than six months, or to both.
Intent
of suspension and impoundment
(15) The
suspension of a driver’s licence and the impoundment of a motor vehicle under
this
section are intended to promote compliance with this Act and to thereby
safeguard the public and do not constitute an alternative to any proceeding or
penalty arising from the same circumstances or around the same time.
Impoundment
concurrent with other administrative impoundments
(16) The
impoundment of a motor vehicle under this
section runs concurrently with an
impoundment, if any, of the same motor vehicle under
section 41.4, 48.4, 55.1,
55.2, 82.1 or 172.
Regulations
(17) The
Lieutenant Governor in Council may make regulations,
(
a) requiring
police officers to keep records with respect to licence suspensions and vehicle
impoundments under this
section for a specified period of time and to report
specified information with respect to licence suspensions and vehicle
impoundments to the Registrar and governing such records and reports;
(
b) exempting any class of persons or class
or type of vehicles from any provision or requirement of this
section and
prescribing conditions and circumstances for any such exemptions.
Definitions
(18) In
this section,
“driver’s
licence” includes a driver’s licence issued by another jurisdiction; (“permis
de conduire”)
“motor
vehicle” includes a street car and a motorized snow vehicle. (“véhicule
automobile”)
The Act is amended by adding the following section:
Appeal
of 90-day suspension
50.1.1
(1) A person
whose driver’s licence is suspended under
section 48.5 may appeal the
suspension to the Tribunal if the appeal is commenced while the suspension is
in effect.
Grounds
for appeal
(2) The
only grounds on which a person may appeal a suspension under
section 48.5 and
the only grounds on which the Tribunal may order that the suspension be set
aside are,
(
a) that
the person whose licence was suspended is not the same individual to whom a
police officer made a request to surrender their driver’s licence under clause
48.5 (1) (a); or
(
b) that throughout the circumstances that
resulted in the police officer making a request for the person to surrender
their driver’s licence under clause 48.5 (1) (a), the person was unable to
drive the motor vehicle safely because of a medical occurrence the onset of
which was sudden and unforeseeable.
Supporting
material
(3) A
person who appeals to the Tribunal under subsection (1) shall file written
material in support of the appeal, and the Tribunal shall not hold a hearing
until all the supporting material is filed.
Powers
of Board
(4) The
Tribunal may confirm the suspension or may order that the suspension be set
aside.
Licence
reinstated
(5) If
the Tribunal orders that the suspension be set aside, it shall give written
notice of the order to the appellant and the Registrar and, upon receipt of
such notice, the Registrar shall reinstate the appellant’s driver’s licence,
subject to any other suspension under this Act.
Decision
final
(6) The
decision of the Tribunal under this
section is final and binding.
Suspension
not stayed
(7) The
suspension under
section 48.5 continues to apply despite the filing of an
appeal under this
section unless the Registrar reinstates the licence pursuant
to the Tribunal’s order that the suspension be set aside, and this subsection
prevails over the Statutory Powers Procedure Act .
When
oral hearing required
(8) The
Tribunal is not required to hold an oral hearing under this
section unless the
appellant requests an oral hearing at the time of filing the appeal and bases
the appeal on one of the grounds set out in subsection (2).
Exception
(9) Despite
a request by the appellant for an oral hearing, the Tribunal may order that the
suspension be set aside on the basis of the material filed with the Tribunal
without holding an oral hearing.
The Act is amended by adding the following section:
Appeal
of a vehicle impoundment for driving while suspended under s. 55.2
50.4
(1) The
owner of a motor vehicle that is impounded under
section 55.2 for a period of
30 days or more may, upon paying the fee established by the Tribunal, appeal
the impoundment to the Tribunal.
Parties
(2) The
owner and the Registrar are the parties to an appeal under this section.
Grounds
for appeal
(3) The
only grounds on which an owner may appeal under subsection (1) and the only
grounds on which the Tribunal may order the Registrar to release the motor
vehicle are,
(
a) that
the motor vehicle that is impounded was stolen at the time it was detained in
order to be impounded;
(
b) that
the driver’s licence of the driver of the motor vehicle at the time it was
detained in order to be impounded was not then under suspension;
(
c) that
the owner of the motor vehicle exercised due diligence in attempting to
determine that the driver’s licence of the driver of the motor vehicle at the
time it was detained in order to be impounded was not then under suspension; or
(
d) that
the impoundment will result in exceptional hardship.
Exception
(4) Clause
(3) (
d) does not apply if there was a previous impoundment under
section 55.2
with respect to any motor vehicle then owned by the same owner.
Powers
of Tribunal
(5) The
Tribunal may confirm the impoundment or order the Registrar to release the
motor vehicle.
Notice
of decision
(6) The
Tribunal shall give written notice of its decision to the owner and the
Registrar.
Registrar’s
actions if Tribunal orders release of vehicle
(7) If
the Tribunal orders the Registrar to release the motor vehicle, the Registrar
shall, upon receipt of the notice,
(
a) issue
an order to release the vehicle; and
(
b) if the grounds for ordering the release
of the vehicle are those set out in clause (3) (b),
(
i) pay
on behalf of the owner the amount incurred by the owner, as a result of the
impoundment, for removing and impounding the vehicle, not including any amount
for economic losses, and
(ii) pay
the operator or the owner the amount incurred by the operator or owner, as a
result of the impoundment, for removing the load or drawn vehicle from the
motor vehicle, not including any amount for economic losses.
Decision
final
(8) The
decision of the Tribunal under this
section is final and binding.
Impoundment
not stayed
(9) Despite
the Statutory Powers Procedure Act , the filing of
an appeal under this
section does not suspend or terminate the impoundment
under
section 55.2.
Civil
Remedies Act, 2001
prevails
(10) Subsection
(7) does not apply if the vehicle is subject to an order under
Part III.1 of
the Civil Remedies Act, 2001 .
Definitions
(11) In
this section,
“owner”
means each person whose name appears on the permit for the vehicle and includes
a holder of a permit as defined in subsection 6 (1).
Clause 52 (1) (
a) of the Act is amended by striking out “section 41 or 42” and
substituting “section 41, 41.0.1, 41.0.2, 41.0.3 or 42”.
(1) Clauses 53 (1) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) for
a first offence, to a fine of not less than $2,000 and not more than $10,000;
(
b) for
a first subsequent offence, to a fine of not less than $5,000 and not more than
$15,000; and
(
c) for
a second subsequent or an additional subsequent offence, to a fine of not less
than $10,000 and not more than $20,000,
. . . .
(2) Subsection
53 (1.1) of the Act is amended by striking out “section 41 or 42” and
substituting “section 41, 41.0.1, 41.0.2, 41.0.3 or 42”.
(1) Paragraph 1 of subsection 55.1 (1) of the Act is repealed and
the following substituted:
1. While
the person’s driver’s licence is under suspension under
section 41, 41.0.1,
41.0.2, 41.0.3, 42 or 43, even if it is under suspension at the same time for
any other reason.
(2) Subsection
55.1 (37) of the Act is amended by adding “48.5” after “48.4”.
(1) Subsection 55.2 (1) of the Act is repealed and the following
substituted:
Short-term
vehicle impoundment for driving while suspended
(1) Where
a police officer is satisfied that a person was driving a motor vehicle on a
highway while the person’s driver’s licence is under suspension (other than
under
section 32, 41, 41.0.1, 41.0.2, 41.0.3, 42, 43, 46 or 47 or for a reason
prescribed under clause 55.1 (38) (f.1)), the officer shall detain the motor
vehicle that was being driven by the person and the vehicle shall, at the cost
and risk of its owner,
(
a) be
removed to an impound facility as directed by a police officer; and
(
b) be
impounded from the time it was detained for the period described in subsection
(1.1) or until it is ordered to be released by the Registrar under subsection
(3) or under
section 50.4.
Impoundment
period
(1.1) A
motor vehicle detained under subsection (1) shall be impounded as follows:
1. For
14 days, if there has not been any previous impoundment under this section,
within a prescribed period, with respect to any motor vehicle then owned by the
owner of the vehicle currently being impounded.
2. For
30 days, if there has been one previous impoundment under this section, within
a prescribed period, with respect to any motor vehicle then owned by the owner
of the vehicle currently being impounded.
3. For
45 days, if there have been two or more previous impoundments under this
section, within a prescribed period, with respect to any motor vehicle then
owned by the owner of the vehicle currently being impounded.
(2) Subsection
55.2 (3) of the Act is amended by striking out “the seven days” and
substituting “the period of impoundment”.
(3) Section
55.2 of the Act is amended by adding the following subsection:
Notice
by Registrar
(6.1) The
Registrar may provide notice of the impoundment to the owner of the motor
vehicle by mailing it to them at the latest address for them appearing on the
records of the Ministry.
(4) Subsection
55.2 (13) of the Act is repealed and the following substituted:
right to be heard
(13) There
is no right to be heard before a vehicle detention or impoundment under
subsection (1).
(5) Subsection
55.2 (21) of the Act is amended by adding “48.5” after “48.4”.
(6) Subsection
55.2 (23) of the Act is amended by adding the following clauses:
(a.1) prescribing the period for the purpose
of subsection (1.1);
. . . .
(
e) prescribing
the time within which an appeal may be brought under
section 50.4 with respect
to an impoundment under this section, and governing any other time requirements
in the appeal process;
(
f) prescribing
criteria to be considered, and criteria not to be considered, by the Tribunal
in determining in an appeal under
section 50.4 whether exceptional hardship
will result from an impoundment under this section.
Subsection 57 (4.2) of the Act is amended by adding the following paragraph:
5. Where
the licence is suspended under subsection 41.0.3 (1) and the suspension has
been in effect for at least 25 years before the reinstatement takes effect.
Subsection 68.1 (8) of the Act is amended by striking out “$250” and
substituting “$1,000”.
(1) Clause 78 (2) (
b) of the Act is repealed and the following
substituted:
(
b) a
hand-held wireless communication device or other device prescribed for the
purpose of subsection 78.1 (1) that is being used in compliance with
section
78.1;
(2) Section
78 of the Act is amended by adding the following subsection:
Same
(5.1) Despite
subsection (5), every person who contravenes this
section is guilty of an
offence and, if the offence was committed by means of a commercial motor
vehicle, on conviction is liable,
(
a) for
a first offence, to a fine of not less than $1,000 and not more than $2,000;
(
b) for
a first subsequent offence, to a fine of not less than $1,000 and not more than
$4,000; and
(
c) for
a second subsequent or an additional subsequent offence, to a fine of not less
than $1,000 and not more than $6,000.
(3) Section
78 of the Act is amended by adding the following subsection:
Same
(6.1) Despite
subsection (6), if a person is convicted of an offence committed by means of a
commercial motor vehicle under this section, the Registrar shall suspend the
person’s driver’s licence,
(
a) for
a first offence, for seven days;
(
b) for
a first subsequent offence, for 14 days; and
(
c) for
a second subsequent or an additional subsequent offence, for 60 days.
(4) Subsection
78 (7) of the Act is amended by striking out “subsection (5) or (6)” and
substituting “subsection (5), (5.1), (6) or (6.1)”.
(1) Subsection 78.1 (3) of the Act is repealed and the following
substituted:
Hands-free
mode allowed
(3) Despite
subsections (1) and (2), a person may drive a motor vehicle on a highway while
using a device described in those subsections in hands-free mode if the device
does not have a display screen on which is displayed,
(
a) entertainment;
(
b) text
or images other than those permitted under clause 78 (2) (a), (c), (
d) or (
e) or the regulations.
(2) Section
78.1 of the Act is amended by adding the following subsection:
Same
(6.1.1) Despite
subsection (6.1), every person who contravenes this
section is guilty of an
offence and, if the offence was committed by means of a commercial motor
vehicle, on conviction is liable,
(
a) for
a first offence, to a fine of not less than $1,000 and not more than $2,000;
(
b) for
a first subsequent offence, to a fine of not less than $1,000 and not more than
$4,000; and
(
c) for
a second subsequent or an additional subsequent offence, to a fine of not less
than $1,000 and not more than $6,000.
(3) Section
78.1 of the Act is amended by adding the following subsection:
Same
(6.2.1) Despite
subsection (6.2), if a person is convicted of an offence committed by means of
a commercial motor vehicle under this section, the Registrar shall suspend the
person’s driver’s licence,
(
a) for
a first offence, for seven days;
(
b) for
a first subsequent offence, for 14 days; and
(
c) for
a second subsequent or an additional subsequent offence, for 60 days.
(4) Subsection
78.1 (6.3) of the Act is amended by striking out “subsection (6.1) or (6.2)”
and substituting “subsection (6.1), (6.1.1), (6.2) or (6.2.1)”.
Subsection 82.1 (36.2) of the Act is amended by adding “48.5” after “48.4”.
(1) Subsection 130 (2) of the Act is amended by striking out “$400
and not more than $2,000” and substituting “$1,000 and not more than $5,000”.
(2) Subsection
130 (8) of the Act is repealed and the following substituted:
Police
to require surrender of licence
(8) If
a police officer believes on reasonable and probable grounds that a person is
driving, or has driven, a vehicle on a highway in contravention of subsection
(1) or (3), the officer shall request that the person surrender their driver’s
licence.
Administrative
seven-day licence suspension
(9) Upon
a request being made under subsection (8) in respect of a contravention of
subsection (1), the person to whom the request is made shall forthwith
surrender their driver’s licence to the police officer and, whether or not the
person is unable or fails to surrender the licence to the police officer, the
driver’s licence is suspended for a period of seven days from the day the
request is made.
Administrative
30-day licence suspension
(10) Upon
a request being made under subsection (8) in respect of a contravention of
subsection (3), the person to whom the request is made shall forthwith
surrender their driver’s licence to the police officer and, whether or not the
person is unable or fails to surrender the licence to the police officer, the
driver’s licence is suspended for a period of 30 days from the day the request
is made.
Duty
of officer re licence suspension
(11) Every
police officer who asks for the surrender of a person’s driver’s licence under
this
section shall keep a record of the licence received with the name and
address of the person and the date and time of the suspension and shall, as
soon as practicable after receiving the licence, provide the person with a
notice of suspension showing the time from which the suspension takes effect
and the period of time for which the licence is suspended.
appeal or hearing
(12) There
is no appeal from, or right to be heard before, a driver’s licence suspension
under subsection (9) or (10), but this subsection does not affect the taking of
any proceeding in court.
Offence
(13) Every
person who obstructs or interferes with a police officer in the performance of
the officer’s duties under this
section is guilty of an offence and on
conviction is liable to a fine of not less than $200 and not more than $5,000
or to imprisonment for a term of not more than six months, or to both.
Intent
of suspension
(14) The
suspension of a driver’s licence under this
section is intended to promote
compliance with this Act and to thereby safeguard the public and does not
constitute an alternative to any proceeding or penalty arising from the same
circumstances or around the same time.
Regulations
(15) The
Lieutenant Governor in Council may make regulations,
(
a) requiring
police officers to keep records with respect to licence suspensions under this
section for a specified period of time and to report specified information with
respect to licence suspensions to the Registrar and governing such records and
reports;
(
b) exempting
any class of persons from any provision or requirement of this
section and
prescribing conditions or circumstances for any such exemptions.
Definitions
(16) In
this section,
“driver”
means a person driving or having care, charge or control of a vehicle, whether
or not the vehicle is on a highway or in a specified place, and “drive” has a
corresponding meaning; (“conducteur”)
“driver’s
licence” includes a driver’s licence issued by another jurisdiction; (“permis
de conduire”)
“specified
place” means,
(
a) any
parking lot, structure or garage, whether public or private, paved or unpaved,
flat or multilevel, above or below grade, including any driveway or road that
connects the parking lot to a highway,
(
b) any
parking lot into which drivers are expressly or impliedly invited or permitted
to enter, with or without payment, and no matter whether payment was made or
whether the driver entered with or without permission; and
(
c) any
private, commercial or industrial parking lot from which the public would
ordinarily be excluded. (“endroit précisé”)
Subsection 172 (22) of the Act is amended by adding “48.5” after “48.4”.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 6
POLICE RECORD CHECKS REFORM ACT, 2015
Paragraph 8 of subsection 2 (2) of the Police Record
Checks Reform Act, 2015 is repealed.
The Act is amended by adding the following section:
Service
standards
14.1
(1) A police
record check provider shall comply with any prescribed service standards with
respect to conducting police record checks.
Extinguishment
of causes of action
(2) No
cause of action arises against the Crown or any other person as a direct or
indirect result of any purported failure to comply with a prescribed service
standard.
remedy
(3) No
costs, compensation or damages, including for loss of revenues or loss of
profit or any other alleged loss, whether direct or indirect, are owing or
payable to any person and no remedy, including but not limited to a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, any equitable remedy or any remedy under any statute, is available
to any person in connection with anything referred to in subsection (2) against
any person referred to in that subsection.
Proceedings
barred
(4) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (2) may be brought or maintained against any person
referred to in that subsection.
Application
(5) Subsections
(3) and (4) do not apply with respect to an application for judicial review, a
claim for a constitutional remedy or a proceeding under this Act or the Community Safety and Policing Act, 2019 but do apply with
respect to any other court, administrative or arbitral proceeding, claiming any
remedy or relief, including specific performance, injunction, declaratory
relief or the enforcement of a judgment, order or award made outside Ontario.
costs awarded
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (4).
Proceedings
by Crown not prevented
(7) Subsections
(2) to (6) do not apply with respect to proceedings brought by the Crown.
Subsection 22 (2) of the Act is amended by adding the following clause:
(
e) for
the purposes of
section 14.1,
(
i) establishing
and governing service standards, including regulations specifying timeframes
within which a police record check provider is required to conduct a police
record check, and
(ii) requiring
that a police record check provider report on such matters respecting
compliance with the service standards by the police record check provider as
the regulations specify and governing the reporting requirements, including
requiring and governing the publication of the reports.
Item 1 of the Table entitled “Authorized Disclosure” in subsection 1 (2) of the
Schedule to the Act is repealed and the following substituted:
Every
criminal offence of which the individual has been convicted for which a
pardon has not been issued or granted.
Disclose.
However, do not disclose convictions for an offence that may be
prosecuted only by way of
summary conviction proceedings if the request is made more than five years after the
date of the conviction .
Disclose.
However, do not disclose convictions for an offence that may be
prosecuted only by way of
summary conviction proceedings if the request is
made more than five years after the date of the conviction.
Disclose.
However, do not disclose convictions for an offence that may be
prosecuted only by way of
summary conviction proceedings if the request is
made more than five years after the date of the conviction.
Commencement
This
Schedule comes into force on the later of January 1, 2026 and the day the Keeping Criminals Behind Bars Act, 2026 receives Royal
Assent.
SCHEDULE 7
PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019
Section 17 of the Provincial Animal Welfare Services Act,
2019 is repealed and the following substituted:
Harming
service animal
(1) No
person shall cause harm, or attempt to cause harm, to a service animal, whether
or not the animal is working at the time of the harm.
Harming
law enforcement animal
(2) No
person shall cause harm, or attempt to cause harm, to an animal that works with
peace officers in the execution of their duties, whether or not the animal is
working at the time of the harm.
The French version of subsection 35 (6.1) of the Act is amended by striking out
“ lui
fournisse ”
and substituting “ fournisse au ministère ”.
(1) Paragraph 4 of subsection 49 (2) of the Act is repealed and the
following substituted:
4. Subsection
17 (1) (Harming service animal).
(2) Paragraph
4 of subsection 49 (7) of the Act is repealed and the following substituted:
4. Contravening
subsection 17 (1) (Harming service animal).
(3) Section
49 of the Act is amended by adding the following subsection:
Major
offence, penalties for harming law enforcement animal
(7.0.1) Every
person who contravenes subsection 17 (2) is guilty of an offence and on
conviction is liable,
(
a) in
the case of an individual, to a fine of not less than $50,000 and not more than
$260,000 or to imprisonment for a term of not more than two years, or to both;
and
(
b) in
the case of a corporation, to a fine of not less than $50,000 and not more than
$1,000,000.
(4) Subsection
49 (9) of the Act is amended by striking out “or (ix) or subsection (2)” and
substituting “or (ix) or in subsection (2) or (7.0.1)”.
(5) Subsection
49 (10) of the Act is amended by striking out “or (ix) or subsection (2)” and
substituting “or (ix) or in subsection (2) or (7.0.1)”.
(6) Subsection
49 (11) of the Act is amended by striking out “or (ix) or subsection (2)” and
substituting “or (ix) or in subsection (2) or (7.0.1)”.
The French version of subsection 53 (2) of the Act is amended by striking out “ lui
fournisse ”
and substituting “ fournisse au ministère ”.
Commencement
This
Schedule comes into force on the day the Keeping
Criminals Behind Bars Act, 2026 receives Royal Assent.
Bill 75 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
ANIMALS FOR RESEARCH ACT
The
Animals for Research Act is amended.
Under
new
section 15.1, invasive medical research on cats, dogs and other prescribed
animals is prohibited, subject to specific exceptions. Other research on cats,
dogs and other prescribed animals is prohibited unless specific conditions are
met.
The
roles and responsibilities of animal care committees in registered research
facilities are set out.
Operators
of supply facilities are prohibited from breeding cats or dogs for research
purposes.
Minor
offences and major offences, and maximum penalties for each, are set out.
Various
technical amendments are made, including with respect to the registration of
research facilities.
SCHEDULE 2
BAIL ACT
The
Schedule makes various amendments to the Bail Act ,
including the following:
1. Subsection
1 (1) is repealed and replaced so that certificates of lien are no longer
delivered or transmitted to the sheriff of the county in which the land
mentioned in the certificate is located but instead registered, in the proper
land registry office, against the land mentioned in the certificate for an
amount equal to the amount a surety has promised to pay.
Section
2 is repealed and replaced to provide that if a surety fails to pay any amount
they owe to the Crown under
section 771 of the Criminal
Code (Canada), the Crown may enforce the lien by sale of the real
property against which it is registered.
3. A
new
section 3 provides that a lien arising from a certificate of lien
registered against the land expires six years after the day the certificate was
registered, unless certain conditions apply.
Section
8 is repealed and replaced to authorize the Minister of the Finance to take
measures in order to enforce the collection of debt to the Crown under
section
771 of the Criminal Code (Canada).
5. A
new
section 8.0.1 requires payment from an accused or surety if a release order
referred to in
section 515 of the Criminal Code
(Canada) sets out a requirement for the accused or surety to pay an amount of
money if the accused fails to comply with a condition of the order.
6. Related
transition rules are set out in a new
section 8.4.
SCHEDULE 3
CONSTABLE JOE MACDONALD PUBLIC SAFETY OFFICERS’ SURVIVORS SCHOLARSHIP FUND ACT,
The
Schedule enacts the Constable Joe MacDonald Public Safety
Officers’ Survivors Scholarship Fund Act, 2025 . The major elements of
the Act are described below.
Currently,
the Constable Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund
is established under an Order in Council to provide and distribute scholarships
for the surviving spouses and children of public safety officers who died in
the line of duty. The Act continues this Fund and sets out rules for the
granting of scholarships, while also allowing the scholarships to be granted in
circumstances prescribed in the regulations. It also continues the Constable
Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund Committee that
was originally established by Order in Council and sets out rules respecting
its membership and functions. Regulation-making powers are added respecting the
Fund and scholarships granted under the Act.
SCHEDULE 4
CORONERS ACT
The
Schedule amends the Coroners
Act .
Currently,
clause 7 (1) (
c) of the Act requires the Chief Forensic Pathologist to conduct
programs for the instruction of pathologists. This is replaced with new
requirements to facilitate the postgraduate training of pathologists and to
conduct continuing education programs.
New
section 50.2 is added to the Act. This
section prohibits photographs, audio or
video recordings or other records at an inquest and in certain related
contexts. It also prohibits the publication, broadcasting or reproduction of
those records. Exceptions are set out for notes, sketches, certain audio
recordings and specified records that have been authorized by the presiding
coroner. Contraventions of this
section are offences.
SCHEDULE 5
HIGHWAY TRAFFIC ACT
The
Schedule makes various amendments to the Highway Traffic
Act relating to driver’s licence suspensions, vehicle impoundments and
increased fines in certain circumstances, including amendments providing for
and respecting the following:
1. Indefinite
suspension, in certain circumstances, of the driver’s licence of a person who
is convicted of a Criminal Code (Canada) offence
respecting dangerous operation of a conveyance causing death.
2. Suspension
of a person’s driver’s licence and the impoundment of the person’s vehicle if a
police officer believes a contravention of Criminal Code
(Canada) provisions respecting dangerous operation of conveyances has occurred.
3. The
right to appeal the impoundment of the person’s vehicle for driving while the
person’s licence is suspended and the grounds and processes for the appeal.
4. Higher fines and longer licence suspensions in certain
circumstances on conviction for the offence of driving while suspended and
longer periods for which the vehicle that was driven may be impounded.
5. Higher fines on conviction for the
offence of driving with a visible display screen if the offence was committed
by means of a commercial motor vehicle.
6. Higher
fines and suspension of a person’s driver’s licence on conviction for the
offence of driving while holding devices if the offence was committed by means
of a commercial motor vehicle.
7. Suspension
of a person’s driver’s licence if a police officer believes the offence of
driving carelessly has occurred.
SCHEDULE 6
POLICE RECORD CHECKS REFORM ACT, 2015
The
Schedule amends the Police Record Checks Reform Act, 2015 .
Under
section 9 of the Act, a police record check provider shall not disclose
information unless the information is authorized to be disclosed in connection
with a particular type of police record check in accordance with the
Schedule
to the Act.
Currently,
the
Schedule to the Act authorizes, for certain types of police record checks,
the disclosure of every criminal offence of which the individual has been
convicted and for which a pardon has not been issued or granted, with the
exception that such an offence may not be disclosed in the case of a
summary
conviction if the request for information is made more than five years after
the date of the
summary conviction.
The
Schedule to the Act is amended to provide that this exception to the disclosure
applies to convictions for an offence that may be prosecuted only by way of
summary conviction proceedings if the request is made more than five years
after the date of the conviction.
New
section 14.1 of the Act requires a police record check provider to comply with any
prescribed service standards with respect to conducting police record checks.
Certain causes of actions are extinguished with respect to any purported
failure to comply with those service standards.
The
Minister is authorized to make regulations for the purposes of
section 14.1 of
the Act, such as regulations establishing service standards or requiring that a
police record check provider report on such matters respecting compliance with
the service standards as the regulations specify.
SCHEDULE 7
PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019
The
Schedule amends the Provincial Animal Welfare Services
Act, 2019 .
Currently,
section 49 of the Act sets out the same sanctions for contravening the
prohibition on causing harm or attempting to cause harm to an animal that works
with peace officers and the prohibition on causing harm or attempting to cause
harm to a service animal. These sanctions include a minimum fine of $25,000 as
well as a maximum fine. For an individual, the maximum fine is $130,000 for a
first offence and $260,000 for a second or subsequent offence. For a
corporation, the maximum fine is $500,000 for a first offence and $1,000,000
for a second or subsequent offence.
Section
49 is amended to change the fines that may be imposed for contravening the
prohibition on causing harm or attempting to cause harm to an animal that works
with peace officers. The minimum fine is increased to $50,000 and the maximum
fine becomes, in the case of an individual, $260,000, or in the case of a
corporation, $1,000,000, regardless of whether it is a first, second or
subsequent offence.
Consequential
amendments are made to reflect this change.
addition, corrections are made to the French version of the Act.
Bill 75 2025
Act to enact the Constable Joe MacDonald Public Safety Officers’ Survivors
Scholarship Fund Act, 2025 and to amend various other Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Animals
for Research Act
Schedule 2
Bail
Act
Schedule 3
Constable
Joe Macdonald Public Safety Officers’ Survivors Scholarship Fund Act, 2025
Schedule 4
Coroners
Act
Schedule 5
Highway
Traffic Act
Schedule 6
Police
Record Checks Reform Act, 2015
Schedule 7
Provincial
Animal Welfare Services Act, 2019
Preamble
The
Government of Ontario is committed to:
Reforming
the bail system to protect Ontario communities;
Stopping
dangerous drivers to keep Ontario roads and highways safe;
Improving
access to justice and protecting public safety; and
Promoting
the humane treatment of animals.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2
and 3, and the Schedules to this Act.
Commencement
(1) Except as otherwise provided
in this section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into force
on a day to be named by order of the Lieutenant Governor in Council, an order may
apply to one or more of those provisions, and orders may be issued at different
times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Keeping Criminals Behind Bars Act,
2025 .
SCHEDULE 1
ANIMALS FOR RESEARCH ACT
(1) The definition of “Minister” in subsection 1 (1) of the Animals for Research Act is repealed and the following
substituted:
“Minister”
means the Minister of Agriculture, Food and Agribusiness or such other member
of the Executive Council to whom responsibility for the administration of this
Act may be assigned or transferred under the Executive
Council Act ; (“ministre”)
(2) Subsection
1 (1) of the Act is amended by adding the following
definitions:
“Ministry”
means the ministry of the Minister; (“ ministère ”)
“prescribed”
means prescribed by the regulations; (“ prescrit ”)
The Act is amended by adding the following section:
Prohibited
breeding
3.1 No operator of a supply
facility shall breed cats or dogs for research purposes.
Subsections 4 (2) and (3) of the Act are repealed and the following
substituted:
Registration,
renewals
(2) Subject
to subsection (3), the Director shall register a research facility, or renew
the registration of a research facility, whose operator applies for
registration or renewal and pays the prescribed fee unless the Director is of
the opinion that,
(
a) the
past conduct of the applicant or, if the applicant is a corporation, of its
officers, its directors or any prescribed persons, affords reasonable grounds
to believe that the applicant will not operate the research facility in
accordance with the law;
(
b) the
research facility does not have the pens, cages, compounds, tools, implements,
buildings and dietary materials necessary to properly care for and handle
animals;
(
c) the
research facility was formerly registered and its registration was revoked less
than one year before the date of the application; or
(
d) the
applicant or the research facility does not meet the prescribed requirements,
if any.
Refusal
to register, renew
(3) The
Director may, after a hearing, refuse to register a research facility or renew
the registration of a research facility if the Director is of the opinion that
one or more of the grounds set out in clause (2) (a), (
b) or (
d) exist.
Section 5 of the Act is repealed and the following substituted:
Suspension,
revocation
The
Director may, after a hearing, suspend or revoke the registration of a research
facility if,
(
a) any
of the facilities, equipment or materials referred to in clause 4 (2) (
b) have
not been properly maintained or are no longer available at the research
facility; or
(
b) the
operator of the research facility or any person employed by or associated with
the operator in the operation of the research facility has failed to comply
with this Act or the regulations or with any Act relating to cruelty to or
maltreatment or neglect of animals.
Subsection 12 (2) of the Act is repealed.
(1) Subsection 14 (2) of the Act is repealed and the following
substituted:
Sale,
gift, etc.
(2) No
operator of a research facility shall sell, gift or otherwise transfer
ownership of an animal to any person unless,
(
a) the
research facility has a written procedure for transferring ownership of
animals;
(
b) the
procedure satisfies any prescribed requirements;
(
c) the
procedure has been reviewed and approved by an animal care committee; and
(
d) the
operator complies with the approved procedure.
(2) Subsection
14 (3) of the Act is amended by adding the following clause:
(0.
a) the
sale, gift or transfer of ownership of an animal owned by the operator of the
research facility in their personal capacity or for a purpose other than
research;
The Act is amended by adding the following section:
Invasive medical research
15.1
(1) No
person shall perform invasive medical research on cats, dogs or other
prescribed animals.
Exception
(2) Despite
subsection (1), invasive medical research on an animal mentioned in that
subsection is permitted at a registered research facility if,
(
a) the
research is for a veterinary purpose set out in the regulations or is otherwise
described in the regulations;
(
b) the
operator of the registered research facility where the research would be
performed submits a research project proposal that meets the prescribed
criteria, if any, to the animal care committee for the registered research
facility;
(
c) the
animal care committee reviews the research project proposal and provides the
operator of the registered research facility with its approval, in writing, in
accordance with subsection 17 (3.1); and
(
d) the
research is carried out in accordance with the approved research project
proposal and in accordance with any prescribed requirements, conditions or
limitations.
Other
research
(3) No
person shall perform any research other than invasive medical research on cats,
dogs or other prescribed animals unless the conditions in clauses (2) (
b) to
(
d) are satisfied with respect to the research.
(1) Subsection 17 (1) of the Act is repealed and the following
substituted:
Animal
care committee
(1) The
operator of a registered research facility shall ensure that,
(
a) an
animal care committee is established or engaged in respect of the research
facility in accordance with this section; and
(
b) the
animal care committee carries out its duties under this Act with respect to the
research facility.
Membership
(1.1) The
members of the animal care committee shall include,
(
a) at
least one veterinarian; and
(
b) such
other members as may be required by the regulations or who meet such criteria
as may be set out in the regulations.
(2) Subsection
17 (2) of the Act is repealed and the following substituted:
Responsibility
of animal care committee
(2) Every
animal care committee established or engaged under subsection (1) in respect of
a registered research facility shall be responsible for co-ordinating and
reviewing the following from time to time for the facility:
1. Its
activities and procedures relating to the care of animals.
2. Its
standards of care and facilities, equipment and materials for animals.
3. The
training for and qualifications of personnel engaged in the care of animals at
the facility.
4. Its
protocol for how animals will be used in research.
5. Its
procedures for the prevention of unnecessary pain including the use of
anaesthetics and analgesics.
(3) Section
17 of the Act is amended by adding the following subsections:
Review
of research project proposal
(3.1) In
the prescribed circumstances, the animal care committee shall,
(
a) review
research project proposals to assess compliance with any prescribed criteria
mentioned in
section 15.1;
(
b) if
it approves a research project proposal, include confirmation of how the
proposal satisfies the criteria mentioned in clause (a); and
(
c) provide
the research facility with a written record of its review.
Records
(3.2) The
operator of a registered research facility shall retain records of the animal
care committee’s reviews and assessments under this Act in accordance with the
regulations.
(4) Subsection
17 (4) of the Act is amended by striking out “an offence has been or will be
committed against
section 16 in any research facility in connection with which
it is established” in the portion before clause (
a) and substituting “section
15.1 or 16 is being contravened or will be contravened in any research facility
in respect of which it is established or engaged”.
(1) Clause 18 (3) (
c) of the Act is amended by striking out
“relating to animals that” in the portion before subclause (
i) and substituting
“ relating to research conducted at a research facility
or proposed to be conducted at a research facility or relating to animals that ”.
(2) Subsection
18 (4) of the Act is amended by adding “or 158.1” after “158” in the portion
before clause (a).
(3) Subsection
18 (5) of the Act is amended by adding “or 158.1” after “158”.
(1) Subsection 20 (4) of the Act is repealed and the following
substituted:
Identifying
dogs, cats
(4) The
operator of a pound who has impounded a dog or cat shall take any prescribed
steps, and any other reasonable steps, to find the owner of the dog or cat and
shall notify the owner as soon as reasonably possible that the dog or cat has
been impounded.
(2) Clause
20 (6) (
c) of the Act is amended by striking out “sell” at the beginning and
substituting “subject to the regulations, sell”.
Section 21 of the Act is repealed and the following substituted:
Offences
Minor
offences
(1) Every
person is guilty of an offence who,
(
a) contravenes
a provision of this Act or the regulations not referenced in subsection (2);
(
b) contravenes
or fails to comply with an order of an animal care committee under subsection
17 (4); or
(
c) knowingly
provides false or misleading information to the chief inspector or to another
inspector.
Major
offences
(2) Every
person is guilty of an offence who contravenes any of the following:
1. Subsection
2 (1) (Operator required to be licensed).
2. Subsection
4 (1) (Research facility required to be registered).
3. Subsection
14 (1) (Purchase or other acquisition of animals).
4. Subsection
14 (2) (Sale, gift, etc.).
5. Subsection
15.1 (1) (Invasive medical research).
6. Subsection
15.1 (3) (Other research).
7. Subsection
16 (1) (Animals to be anaesthetized).
8. Subsection
16 (2) (Analgesics to be provided).
9. Subsection
17 (1) (Animal care committee).
10. Subsection
20 (5) or (6) (Dog or cat not to be destroyed).
Penalty
— individual, minor offences
(3) On
conviction under subsection (1), an individual is liable,
(
a) in
the case of a first offence, to a fine of not more than $75,000, to
imprisonment for a term of not more than six months, or to both; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than
$100,000, to imprisonment for a term of not more than one year, or to both.
Penalty
— individual, major offences
(4) On
conviction under subsection (2), an individual is liable,
(
a) in
the case of a first offence, to a fine of not more than $130,000, to
imprisonment for a term of not more than two years, or to both; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than $260,000,
to imprisonment for a term of not more than two years, or to both.
Penalty
— corporation, minor offences
(5) On
conviction under subsection (1), a corporation is liable,
(
a) in
the case of a first offence, to a fine of not more than $100,000; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than $250,000.
Penalty
— corporation, major offences
(6) On
conviction under subsection (2), a corporation is liable,
(
a) in
the case of a first offence, to a fine of not more than $500,000; or
(
b) in
the case of a second or subsequent offence, to a fine of not more than $1,000,000.
(1) Section 23 of the Act is amended by adding the following
clauses:
(0.
a) respecting
anything in this Act that is described as being prescribed or done by
regulation;
(0.
b) defining
or clarifying the meaning of any word or expression used in this Act that is
not otherwise defined in this Act;
. . . .
(d.1) governing
animal care committees or assigning them duties;
. . . .
(e.1) governing
standards or requirements for the carrying out of research in a research
facility, including conditions, limitations and restrictions in respect of the
research;
. . . .
(n.1) governing
such transitional matters as the Lieutenant Governor in Council considers
necessary or advisable in connection with the implementation of the amendments
made by the Keeping Criminals Behind Bars Act, 2025 ;
(2) Clause
23 (
h) of the Act is amended by adding “and for how long they shall be kept” at
the end.
The Act is amended by adding the following section:
General
provisions re regulations
General
or particular
(1) A
regulation under this Act may be general or particular in its application.
Incorporation
by reference, standards of practice
(2) A
regulation may incorporate by reference, in whole or in part and with such
changes as are considered necessary, any code, standard, guideline or similar
document.
Rolling
incorporation
(3) If
a regulation incorporates by reference a code, standard, guideline or similar
document, the regulation may require compliance with the code, standard,
guideline or document as amended from time to time, whether the amendment was
made before or after the regulation was made.
Same
(4) A
code, standard, guideline or similar document adopted pursuant to subsection
(3) must be created by a recognized body and must not be a code, standard,
guideline or document created by the Ministry.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 2
BAIL ACT
Subsection 1 (1) of the Bail Act is repealed and
the following substituted:
Registration
of certificate of lien
(1) In
cases where a release order referred to in
section 515 of the Criminal Code (Canada) is made in respect of an accused,
the Crown Attorney may register, in the proper land registry office, a
certificate of lien against the land mentioned in the certificate for an amount
equal to the amount a surety has promised to pay in the release order if the
accused fails to comply with a condition of the order.
Section 2 of the Act is repealed and the following substituted:
Sale
of land in the event of default
If the
surety referred to in subsection 1 (1) fails to pay to the Crown any amount the
surety has been ordered to pay under
section 771 of the Criminal
Code (Canada), the Crown may enforce the lien by sale of the real
property against which it is registered in the same manner as a sale to realize
on a mortgage.
Expiry
of lien
A lien
arising from a certificate of lien registered under
section 1 expires on the
sixth anniversary of the date the certificate was registered against the land
unless, before the end of the six-year period,
(
a) a
writ of fieri facias issued under
section 771 of the Criminal
Code (Canada) against the surety referred to in subsection 1 (1) of this
Act is filed with the sheriff of the county in which the land is situated; and
(
b) the
sheriff takes all the steps they are required to take under subsection 10
(4) of the Execution Act in respect of the writ they
have received.
Section 6 of the Act is repealed.
Subsection 7 (1) of the Act is repealed and the following substituted:
Certificate
of discharge
(1) The
Crown Attorney may,
(
a) register
a certificate of discharge in the proper land registry office; or
(
b) if
the certificate of lien is continued under
section 8.4, deliver a certificate
of discharge to the sheriff to whom the certificate of lien was delivered or
transmitted.
Section 8 of the Act is repealed and the following substituted:
Collection of amounts owed to the Crown
(1) The
Minister of Finance may take one or more of the measures described in
section
11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act
to enforce the collection of a debt to the Crown under
section 771 of the Criminal Code (Canada) if the Minister responsible for
the administration of this Act has entered into a memorandum of understanding
under
section 11.1 of the Ministry of Revenue Act
for the Minister of Finance to provide collection services.
Application
of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act
(2) None
of the measures described in
section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act shall be taken with respect to
debt referred to in subsection (1) of this
section unless,
(
a) the
Minister responsible for the administration of this Act has entered into a
memorandum of understanding with the Minister of Finance for the purpose of
authorizing the Ministry of Finance to take such measures; and
(
b) such
measures are taken in accordance with,
(
i) the
terms set out in the memorandum of understanding referred to in clause (a), and
(ii) any
other requirements, limitations, conditions or terms prescribed by the
regulations.
The Act is amended by adding the following section:
Security
deposit
8.0.1
(1) The
following requirements apply with respect to a release order referred to in
section 515 of the Criminal Code (Canada) made in
respect of an accused:
1. If
the order sets out the accused’s promise to pay a specified amount if the
accused fails to comply with a condition of the order, the accused shall pay
the amount specified in the order to the person specified in the regulations,
at the time and in the manner specified in the regulations.
2. If
the order sets out a surety’s promise to pay a specified amount if the accused
fails to comply with a condition of the order, the surety shall pay the amount
specified in the order to the person specified in the regulations, at the time
and in the manner specified in the regulations.
Offence
(2) A
person who fails to comply with subsection (1) is guilty of an offence.
Subsection 8.1 (2) of the Act is amended by adding the following paragraph:
1.2 A
person named as a surety in a release order referred to in
section 515 of the Criminal Code (Canada) for which a certificate of default
has been endorsed under
section 770 of that Act.
The Act is amended by adding the following sections:
Limitation
period
8.3 A proceeding for an
offence under this Act shall not be commenced after five years after the date
on which the offence was, or is alleged to have been, committed.
Transition
8.4
(1) Certificates
of lien that were delivered or transmitted to the sheriff of the county in
which the land is situated before the day
section 8 of
Schedule 2 to the Keeping Criminals Behind Bars Act, 2025 came into force
continue to be in effect but are deemed to expire two years after that day
unless a writ of fieri facias issued under
section 771 of the Criminal Code (Canada) in respect of the lien is filed
with the sheriff before they expire.
Same
(2) The
sheriff may withdraw from the index of writs of execution maintained under the Execution Act any certificate of lien deemed to have
expired under subsection (1) without notice to the Crown Attorney.
(1) Section 9 of the Act is amended by adding the following clause:
(
c) prescribing
requirements, limitations, conditions or terms for the purposes of subclause 8
(2) (b) (ii).
(2) Section
9 of the Act is amended by adding the following clauses:
(
d) governing
the payment of amounts under subsection 8.0.1 (1);
(
e) providing for the administration of
amounts received under subsection 8.0.1 (1), including how such amounts shall
be held and administered and the circumstances in which an amount or part of an
amount shall be refunded to the person who paid the amount.
(3) Section
9 of the Act is amended by adding the following subsection:
Regulations
re transitional matters
(2) The
Minister responsible for the administration of this Act may make regulations governing
transitional matters that, in the opinion of the Minister, are necessary or
advisable to deal with issues arising out of the amendments to this Act made by
Schedule 2 to the Keeping Criminals Behind Bars Act, 2025 .
Execution
Act
(1) Paragraph 1 of subsection 10 (4) of the Execution
Act is amended by striking out “under the Bail Act ”
and substituting “continued under
section 8.4 of the Bail
Act ”.
(2) Subsection
10 (6) of the Act is amended by striking out “under the Bail
Act ” and substituting “continued under
section 8.4 of the Bail Act ”.
Land
Titles Act
Subsection 136 (2) of the Land Titles Act is
amended by striking out “any certificate of lien under the Bail Act ” and substituting “by any certificate of lien
continued under
section 8.4 of the Bail Act ”.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE 3
CONSTABLE JOE MACDONALD PUBLIC SAFETY OFFICERS’ SURVIVORS SCHOLARSHIP FUND ACT,
CONTENTS
Definitions
Fund
continued
Minister’s
responsibility
Applications
for scholarships
Committee
Regulations
Commencement
Short
title
Definitions
1 In this Act,
“Committee”
means the committee continued under
section 5; (“Comité”)
“Fund”
means the fund continued under
section 2; (“Fonds”)
“Minister”
means the Solicitor General or such other member of the Executive Council to
whom responsibility for the administration of this Act may be assigned or
transferred under the Executive Council Act ; (“ ministre ”)
“prescribed”
means prescribed by the regulations; (“ prescrit ”)
“public
safety officer” means,
(
a) a
police officer as defined in subsection 2 (1) of the Community
Safety and Policing Act, 2019 ,
(
b) a
First Nation Officer as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019 ,
(
c) a
firefighter as defined in subsection 1 (1) of the Fire
Protection and Prevention Act, 1997 ,
(
d) a
person employed under
Part III of the Public Service of
Ontario Act, 2006 as a correctional officer, probation officer or parole
officer, or any combination thereof,
(
e) a
probation officer as defined in
section 144 of the Child,
Youth and Family Services Act, 2017 , or
(
f) a
member of any other prescribed category; (“ agent de sécurité
publique ”)
“regulations”
means the regulations made under this Act. (“ règlements ”)
Fund
continued
(1) The Constable
Joe MacDonald Public Safety Officers’ Survivors Scholarship Fund established
by Order in Council 1453/97 is continued under this Act under the name Constable
Fonds Joe MacDonald de bourses d’études à l’intention des survivants d’agents
de sécurité publique
in French.
Purpose
(2) The
purpose of the Fund is to provide and distribute scholarships to provide for
the costs of tuition and student living allowances for post-secondary education
to the surviving spouses and children of public safety officers who died in the
line of duty or in other prescribed circumstances.
Initial
balance transfer
(3) On
the day this
section comes into force, the amount of the balance that was credited
to the Constable Joe MacDonald Public Safety Officers’ Survivors Scholarship
Fund established by Order in Council 1453/97, including, for greater certainty,
the initial principal amount of $5 million and any interest earned but not paid
out from the Fund, shall be credited to the account of the Fund continued under
this Act.
Additional
funding
(4) The
Treasury Board, having regard to the Fund’s condition, expenditures and
forecasted liability, may direct that the Fund be credited with such an amount
as may be considered necessary or advisable.
Authorized
charges
(5) Amounts
may be charged to the Fund and paid out of the Consolidated Revenue Fund for
the following purposes:
1. To
fund the grant of a scholarship as described in
section 4.
2. To
fund reimbursement of the expenses of the Committee as described in subsection
5 (5).
3. For
any other prescribed purpose in respect of the administration of the Fund.
Minister’s
responsibility
3 The Minister shall be responsible for the
granting and administration of scholarships under this Act.
Applications
for scholarships
(1) A spouse or a child of a public
safety officer who died in the line of duty or in the prescribed circumstances
may apply to the Minister for a scholarship from the Fund to support their
education at a post-secondary institution.
Form
and manner of application
(2) The
application must be made in the form and manner approved by the Minister.
Granting
of scholarships
(3) The
Minister shall grant a scholarship to the applicant if, in the Minister’s
opinion, the application has met the prescribed criteria, taking into account
any recommendations of the Committee.
Amount
(4) The
amount of the scholarship shall be determined in accordance with the rules set
out in the regulations and may, for greater certainty, include amounts
respecting the cost of tuition or a student living allowance.
Ongoing
eligibility
(5) A
person who has been granted a scholarship under this Act must meet the
prescribed eligibility criteria, if any, in order to continue receiving the
scholarship.
Committee
(1) The Constable Joe MacDonald
Public Safety Officers’ Survivors Scholarship Fund Committee established by
Order in Council 1453/97 is continued under this Act.
Mandate
(2) The
Committee shall review applications submitted under this Act and make
recommendations to the Minister about them.
Members
(3) The
Minister shall appoint the members of the Committee for a term not exceeding
three years and may reappoint members for any number of additional terms which
each must not exceed three years.
Chair
(4) The
Minister shall designate one member of the Committee as the chair and may
designate one or more members as vice-chairs.
Reimbursement
for reasonable expenses
(5) The
members of the Committee shall not receive remuneration but may be reimbursed
for reasonable expenses incurred in performing their duties under this Act in
accordance with the directives or guidelines issued by the Management Board of
Cabinet.
Expenses
(6) The
expenses of the Committee shall be paid from the Fund.
Committee’s
recommendations
(7) The
Committee shall recommend to the Minister that a scholarship be granted if the
prescribed criteria are satisfied.
Regulations
6 The Minister may make regulations,
(
a) prescribing
anything that this Act refers to as being prescribed or set out in the
regulations;
(
b) governing
the administration of the Fund, including payment out of the fund, the recognition
of revenue and the incurrence of expenditures;
(
c) governing
applications for scholarships under this Act;
(
d) governing
the determination of the amount of a scholarship granted under this Act;
(
e) governing
the administration of scholarships granted under this Act;
(
f) establishing
rules or requirements that apply in order for a person to continue to receive a
scholarship that has been granted under this Act;
(
g) defining
or clarifying the meaning of any word or expression used in this Act that is
not otherwise defined in this Act, including, without limiting the generality
of the foregoing,
(i) “child”,
(ii) “died
in the line of duty”,
(iii) “parent”,
(iv) “post-secondary
institution”,
(v) “student
living allowance”;
(
h) governing
transitional matters that may arise due to the enactment of
Schedule 3 to the Keeping Criminals Behind Bars Act, 2025 ;
(
i) respecting
any other matter necessary or advisable to implement this Act effectively.
Commencement
7 The Act set out in this
Schedule comes into force on a
day to be named by order of the Lieutenant Governor in Council.
Short
title
8 The
short title of the Act set out in this
Schedule is
the Constable Joe MacDonald Public Safety Officers’
Survivors Scholarship Fund Act, 2025 .
SCHEDULE 4
CORONERS ACT
Clause 7 (1) (
c) of the Coroners Act is repealed
and the following substituted:
(
c) facilitate
the postgraduate training of pathologists to enable them to provide forensic
pathology services under this Act;
(c.1) conduct
continuing education programs for pathologists who provide services under this
Act;
The Act is amended by adding the following section:
Prohibition
on photographs, recordings, dissemination
50.2
(1) No
person shall,
(
a) take
or attempt to take a photograph, audio or video recording or other record
capable of producing or transmitting visual or aural representations by
electronic means or otherwise,
(
i) at
an inquest,
(ii) of
any person entering or leaving the room in which an inquest is to be or has
been conducted, or
(iii) of
any person in the building in which an inquest is to be or has been conducted
if there is reasonable ground for believing that the person is there for the
purpose of attending or leaving the inquest, other than in an area of the
building designated by the coroner presiding at the inquest for the purpose and
with the person’s consent;
(
b) publish,
broadcast, reproduce or otherwise disseminate a photograph, recording or record
taken in contravention of clause (a); or
(
c) broadcast,
reproduce or otherwise disseminate an audio recording described in clause (2)
(b).
Non-application
(2) Subsection
(1) does not apply with respect to,
(
a) the
unobtrusive making of notes or sketches of events at an inquest by a person;
(
b) the
making of an audio recording at an inquest, unobtrusively and in a manner
authorized by the coroner presiding at the inquest, by a person with standing
at the inquest, a representative of a person with standing at the inquest or a
journalist, for the sole purpose of supplementing or replacing notes; or
(
c) subject
to the authorization of the coroner presiding at the inquest, any act referred
to in subsection (1),
(
i) if
it is required for the presentation of evidence, the making of a record or any
other purpose of the inquest,
(ii) with
the consent of the persons with standing at the inquest and witnesses, or
(iii) in
connection with any ceremonial proceeding.
Offence
and penalty
(3) Every
person who contravenes this
section is guilty of an offence and on conviction
is liable to a fine of not more than $25,000 or to imprisonment for a term of
not more than six months, or to both.
Commencement
This
Schedule comes into force on the day the Keeping
Criminals Behind Bars Act, 2025 receives Royal Assent.
SCHEDULE 5
HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended by adding the
following section:
Suspension
on conviction for dangerous operation causing death
41.0.3
(1) The
driver’s licence of a person who is convicted of an offence under subsection
320.13 (3) of the Criminal Code (Canada) committed
while driving or having the care, charge or control of a motor vehicle, street
car or a motorized snow vehicle, is thereupon suspended indefinitely, subject
to early reinstatement under
section 57.
Same
(2) Subsections
41 (5) and (8) apply to this
section with necessary modifications.
Subsection 41.4 (21) of the Act is amended by adding “48.5” after “48.4”.
Subsection 43 (1) of the Act, as amended by
section 9 of the Safer Roads and Communities Act, 2024 , is amended by
striking out “under subsection 41 (1), 41.0.1 (1) or 42 (1)” and substituting “under
subsection 41 (1), 41.0.1 (1), 41.0.3 (1) or 42 (1)”.
Subsection 48.4 (21) of the Act is amended by adding “48.5” after “41.4”.
The Act is amended by adding the following section:
Police
to require surrender of licence, detention of vehicle
48.5
(1) If a
police officer believes on reasonable and probable
grounds that a person is driving, or has driven, a motor vehicle on a
highway in contravention of
section 320.13 of the Criminal
Code (Canada), the officer shall,
(
a) request
that the person surrender their driver’s licence; and
(
b) detain
the motor vehicle that was being driven by the person until it is impounded
under clause (3) (b).
Administrative
90-day licence suspension
(2) Upon
a request being made under clause (1) (a), the person to whom the request is
made shall forthwith surrender their driver’s licence to the police officer
and, whether or not the person is unable or fails to surrender the licence to
the police officer, the driver’s licence is suspended for a period of 90 days
from the day the request is made.
Administrative
seven-day vehicle impoundment
(3) Upon
a motor vehicle being detained under clause (1) (b), the motor vehicle shall,
at the cost of and risk to its owner,
(
a) be
removed to an impound facility as directed by a police officer; and
(
b) be
impounded for seven days from the day it was detained under clause (1) (b).
Release
of vehicle
(4) Subject
to subsection (6), the motor vehicle shall be released to its owner from the
impound facility upon the expiry of the period of impoundment.
Early
release of vehicle
(5) Despite
the detention or impoundment of a motor vehicle under this section, a police
officer may release the motor vehicle to its owner before it is impounded under
subsection (3) or, subject to subsection (6), may direct the operator of the
impound facility where the motor vehicle is impounded to release the motor
vehicle to its owner before the expiry of the seven days if the officer is
satisfied that the motor vehicle was stolen at the time that it was driven on a
highway in contravention of subsection (1).
Costs
to be paid before release of vehicle
(6) The
person who operates the impound facility where a motor vehicle is impounded
under subsection (3) is not required to release the motor vehicle until the
removal and impound costs for the vehicle have been paid.
Lien
for storage costs
(7) The
costs incurred by the person who operates the impound facility where a motor
vehicle is impounded under this
section are a lien on the motor vehicle that
may be enforced under the Repair and Storage Liens Act .
Duty
of officer re licence suspension
(8) Every
police officer who asks for the surrender of a person’s driver’s licence under
this
section shall keep a record of the licence received with the name and
address of the person and the date and time of the suspension and shall, as
soon as practicable after receiving the licence, provide the person with a
notice of suspension showing the time from which the suspension takes effect
and the period of time for which the licence is suspended.
Duty
of officer re impoundment
(9) Every
police officer who detains a motor vehicle under this
section shall prepare a
notice identifying the motor vehicle that is to be impounded under subsection
(3), the name and address of the driver and the date and time of the
impoundment and shall, as soon as practicable after the impoundment of the
motor vehicle, provide the driver with a copy of the notice showing the time
from which the impoundment takes effect, the period of time for which the motor
vehicle is impounded and the place where the vehicle may be recovered.
Same
(10) A
police officer shall provide a copy of the notice prepared under subsection
(9) to the owner of the motor vehicle by delivering it personally or by mail to the
address of the owner shown on the permit for the motor vehicle or to the latest
address for the owner appearing on the records of the Ministry.
appeal or hearing
(11) There
is no appeal from, or right to be heard before, a vehicle detention or vehicle
impoundment under subsection (1) or (3), but this subsection does not affect
the taking of any proceeding in court.
right to be heard
(12) There
is no right to be heard before a driver’s licence suspension under subsection (2),
but this subsection does not affect the taking of any proceeding in court.
Owner
may recover losses from driver
(13) The
owner of a motor vehicle that is impounded under this
section may bring an
action against the driver of the motor vehicle at the time the vehicle was
detained under clause (1) (
b) to recover any costs or other losses incurred by
the owner in connection with the impoundment.
Offence
(14) Every
person who obstructs or interferes with a police officer in the performance of
the officer’s duties under this
section is guilty of an offence and on
conviction is liable to a fine of not less than $200 and not more than $5,000
or to imprisonment for a term of not more than six months, or to both.
Intent
of suspension and impoundment
(15) The
suspension of a driver’s licence and the impoundment of a motor vehicle under
this
section are intended to promote compliance with this Act and to thereby
safeguard the public and do not constitute an alternative to any proceeding or
penalty arising from the same circumstances or around the same time.
Impoundment
concurrent with other administrative impoundments
(16) The
impoundment of a motor vehicle under this
section runs concurrently with an
impoundment, if any, of the same motor vehicle under
section 41.4, 48.4, 55.1,
55.2, 82.1 or 172.
Regulations
(17) The
Lieutenant Governor in Council may make regulations,
(
a) requiring
police officers to keep records with respect to licence suspensions and vehicle
impoundments under this
section for a specified period of time and to report
specified information with respect to licence suspensions and vehicle
impoundments to the Registrar and governing such records and reports;
(
b) exempting any class of persons or class
or type of vehicles from any provision or requirement of this
section and
prescribing conditions and circumstances for any such exemptions.
Definitions
(18) In
this section,
“driver’s
licence” includes a driver’s licence issued by another jurisdiction; (“permis
de conduire”)
“motor
vehicle” includes a street car and a motorized snow vehicle. (“véhicule
automobile”)
The Act is amended by adding the following section:
Appeal
of 90-day suspension
50.1.1
(1) A person
whose driver’s licence is suspended under
section 48.5 may appeal the
suspension to the Tribunal if the appeal is commenced while the suspension is
in effect.
Grounds
for appeal
(2) The
only grounds on which a person may appeal a suspension under
section 48.5 and
the only grounds on which the Tribunal may order that the suspension be set
aside are,
(
a) that
the person whose licence was suspended is not the same individual to whom a
police officer made a request to surrender their driver’s licence under clause
48.5 (1) (a); or
(
b) that throughout the circumstances that
resulted in the police officer making a request for the person to surrender
their driver’s licence under clause 48.5 (1) (a), the person was unable to
drive the motor vehicle safely because of a medical occurrence the onset of
which was sudden and unforeseeable.
Supporting
material
(3) A
person who appeals to the Tribunal under subsection (1) shall file written
material in support of the appeal, and the Tribunal shall not hold a hearing
until all the supporting material is filed.
Powers
of Board
(4) The
Tribunal may confirm the suspension or may order that the suspension be set
aside.
Licence
reinstated
(5) If
the Tribunal orders that the su