Unlawfully Possessed Handguns in Vehicles Act, 2013 Colle, Mike — Bill 66 (40th Parliament, 2nd Session)

Bill 66, 40-2

Ontario — Bills

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Bill 66, Unlawfully Possessed Handguns in Vehicles Act, 2013

Colle, Mike

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[40] Bill 66 Original (PDF)

Bill 66 2013

Act to amend the Highway Traffic Act and the Civil Remedies Act, 2001 to

promote public safety and suppress conditions leading to crime by prohibiting

driving on the highway in a motor vehicle in which there is an unlawfully

possessed handgun

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Highway Traffic Act

1. (1) Subsection

1 (1) of the Highway Traffic Act is amended by

adding the following

definitions:

"handgun"

means a handgun within the meaning of the Criminal Code

(Canada); ("arme de poing")

"unlawfully possessed handgun" means any handgun whose possession is not

authorized under the Firearms Act (Canada); ("arme de poing illégale")

(2) Subsection 1 (8) of the Act is amended by striking out

"55.2 or 172" and substituting "55.2, 172 or 172.2".

2. Subsection

41.4 (21) of the Act is amended by striking out "82.1 or 172" at the end and

substituting "82.1, 172 or 172.2".

3. Subsection

48.4 (21) of the Act is amended by striking out "82.1 or 172" at the end and

substituting "82.1, 172 or 172.2".

4. Subsection

55.1 (37) of the Act is amended by striking out "82.1 or 172" at the end and

substituting "82.1, 172 or 172.2".

5. Subsection

55.2 (21) of the Act is amended by striking out "82.1 or 172" at the end and

substituting "82.1, 172 or 172.2".

6. Subsection

82.1 (36.2) of the Act is amended by striking out "55.2 or 172" at the end and

substituting "55.2, 172 or 172.2".

7. Subsection

172 (18.1) of the Act is amended by striking out "55.2 or 82.1" at the end and

substituting "55.2, 82.1 or 172.2".

8. The

Act is amended by adding the following section:

Driving

with unlawfully possessed handgun in motor vehicle prohibited

172.2

(1) No

person shall drive on a highway a motor vehicle in which there is an unlawfully

possessed handgun.

Offence

(2) Every person who contravenes subsection (1) is guilty

of an offence and on conviction is liable to a fine of not less than $2,000 and

not more than $10,000 or to imprisonment for a term of not more than six

months, or to both, and in addition the person's driver's licence may be

suspended,

(

a) on

a first conviction under this section, for one year;

(

b) on

the first subsequent conviction under this section, for five years; and

(

c) on

the second subsequent conviction under this section, indefinitely.

Determining

subsequent conviction

(3) In determining whether a conviction is a

subsequent conviction for the purposes of subsection (2), the only question to

be considered is the sequence of convictions and no consideration shall be

given to the sequence of commission of offences or whether any offence occurred

before or after any conviction.

Police to require surrender of licence, detention of vehicle

(4) If a police officer believes on reasonable and

probable grounds that a person has committed an offence under subsection (1),

the officer shall,

(

a) request

that the person surrender his or her driver's licence; and

(

b) detain

the motor vehicle until it is impounded under clause (6) (b).

Administrative

seven-day licence suspension

(5) Upon a request being made under clause (4) (a), the

person to whom the request is made shall forthwith surrender his or her

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, his or her driver's

licence is suspended for a period of seven days from the time the request is

made.

Administrative

seven-day vehicle impoundment

(6) Upon a motor vehicle being detained under clause (4)

(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 time it was detained under clause (4) (b).

Release

of vehicle

(7) Subject to subsection (14), 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

(8) 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 (6) or, subject to subsection

(14), 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 of the contravention of subsection (1).

Duty

of officer re licence suspension

(9) Every 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

(10) Every officer who detains a motor vehicle under this

section shall prepare a notice identifying the motor vehicle that is to be

impounded under subsection (6), 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

(11) A police officer shall provide a copy of the notice

prepared under subsection (10) 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, court proceedings not affected

(12) There is no appeal from, or right to be heard before,

a vehicle detention, driver's licence suspension or vehicle impoundment under

subsection (4), (5) or (6), but this subsection does not affect the taking of

any proceeding in court.

Lien

for storage costs

(13) 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 .

Costs

to be paid before release of vehicle

(14) The person who operates the impound facility where a

motor vehicle is impounded under subsection (6) is not required to release the

motor vehicle until the removal and impound costs for the vehicle have been

paid.

Owner

may recover losses from driver

(15) 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 (4) (

b) to recover any costs or

other losses incurred by the owner in connection with the impoundment.

Offence

(16) Every person who obstructs or interferes with a

police officer in the performance of his or her 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

(17) 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

(18) 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

(19) 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 or of any regulation made under this section,

prescribing conditions for any such exemptions and prescribing different requirements

for different classes of persons or different classes or types of vehicles.

Definition

(20) In this section,

"driver's

licence" includes a driver's licence issued by another jurisdiction.

Civil Remedies Act,

9. Clause

(

b) of the definition of "vehicular unlawful activity" in

section 11.1 of the Civil Remedies Act, 2001 is amended by adding "or 172.2

(1)" after "subsection 53 (1.1)".

(1) Section

11.2 of the Act is amended by adding the following subsection:

Same

(1.1) In a proceeding commenced by the Attorney General,

the Superior Court of Justice shall, subject to subsection (4) and except where

it would clearly not be in the interests of justice, make an order forfeiting a

vehicle to the Crown in right of Ontario if the court finds that the vehicle,

(

a) was

or is likely to be used to engage in vehicular unlawful activity in

contravention of

section 172.2 of the Highway Traffic Act ;

and

(

b) is

owned by or is in the care, control or possession of a person whose driver's

licence has been suspended under

section 172.2 of the Highway

Traffic Act .

(2) Subsection 11.2 (3) of the Act is amended by adding

"or (1.1)" after "subsection (1)" wherever it appears.

(3) Subsection 11.2 (4) of the Act is amended by adding

"or (1.1)" after "subsection (1)".

Section

11.3 of the Act is amended by adding the following subsection:

Same

(2.1) The court shall make an order under subsection

(1) if the court is satisfied that there are reasonable grounds to believe that the

vehicle is owned by or is in the care, control or possession of a person whose

driver's licence has been suspended under the Highway

Traffic Act for vehicular unlawful activity that is a contravention of

section 172.2 of that Act and that the vehicle,

(

a) is

impounded under the Highway Traffic Act as a

result of such vehicular unlawful activity; or

(

b) was

or is likely to be used to engage in such vehicular unlawful activity.

Commencement

12. This

Act comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

13. The

short title of this Act is the Unlawfully Possessed

Handguns in Vehicles Act, 2013 .

EXPLANATORY

NOTE

The

purpose of the Bill is to promote public safety and suppress conditions that

lead to crime. The Bill adds a new

section 172.2 to the Highway

Traffic Act , which makes it an offence to drive on a highway a motor

vehicle in which there is an unlawfully possessed handgun. The penalties

associated with the offence are a fine of not less than $2,000 and not more

than $10,000 or imprisonment of not more than six months, or both, and a

driver's licence suspension of one year for a first conviction under the

section, five years for a second conviction and indefinitely for a third

conviction. A police officer who believes, on reasonabl

Document details

Collection	Ontario — Bills
Citation	Bill 66, 40-2
Type	bill
Volume / chapter	p40 s2 bill 66 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0d2917036f1be4bf2a37f157c8f5bef8c1a1c811

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