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Bill 175, Highway Traffic Amendment Act (No Conveying of Passengers for Compensation), 2005

Jackson, Cameron

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Debates

Acts affected

Original

Bill 175 2018

Act to amend the Highway Traffic Act to restrict the conveyance of passengers

for compensation

Note: This

Act amends the Highway Traffic Act . For the legislative history of the

Act, see Public Statutes - Detailed Legislative

History on 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:

1. (1) Subsection

7 (10) of the Highway Traffic Act is

amended by adding “or a fine imposed on conviction of an offence under

section 40.1” after “parking infraction”.

(2) Subsection 7 (11) of the Act is

amended by adding “or a fine imposed on conviction of an offence under

section 40.1” after “parking infraction”.

2. The

Act is amended by adding the following section:

Conveyance

or pick-up of passengers prohibited

40.1

(1) Unless

all of the conditions set out in subsection (2) are met, no driver of a motor

vehicle and no owner or lessee of a motor vehicle shall permit a driver to,

(

a) convey

passengers anywhere in Ontario in the motor vehicle for compensation; or

(

b) pick

up passengers anywhere in Ontario for the purpose of conveying them somewhere

in the motor vehicle for compensation.

Conditions

(2) The conditions mentioned in subsection

(1) are the following:

1. The

driver of the motor vehicle and its owner or lessee must be licensed under a

by-law passed by the council of any local municipality under

section 150 of the

Municipal Act, 2001 to convey passengers somewhere

for compensation.

2. The

licences mentioned in paragraph 1 must be displayed in or on the motor vehicle.

Exception

(3) This

section does not apply to a public

vehicle, as defined in the Public Vehicles Act ,

operated under an operating licence issued under that Act.

Right

of occupier of premises

(4) Nothing in this

section prevents an

occupier of premises from prohibiting a driver of a motor vehicle who does not

have a permit, licence or other authorization from the occupier of the premises

from picking up passengers on the premises for the purpose of conveying them

somewhere in the motor vehicle for compensation.

Same,

no right of driver

(5) Even if the conditions set out in

subsection (2) are met, nothing in this

section authorizes a driver of a motor

vehicle described in subsection (4) who has not obtained the permit, licence or

other authorization required by the occupier of the premises to pick up

passengers on the premises for the purpose of conveying them somewhere in the

motor vehicle for compensation.

Offence

and penalty

(6) Every person who contravenes this

section is guilty of an offence and, on conviction, is liable,

(

a) on a first conviction, to a fine of not

less than $305 and not more than $5,000; and

(

b) on each subsequent conviction, to a fine

of not less than $500 and not more than $5,000.

Subsequent

conviction within 10-year period

(7) A

conviction of an offence under this

section more than 10 years after a previous

conviction of an offence under this

section is not a subsequent conviction for

the purpose of clause (6) (b).

Same

(8) In determining whether a conviction is

a subsequent conviction for the purpose of clause (6) (b), 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.

Commencement

3. This

Act comes into force on the day it receives Royal Assent.

Short

title

4. The

short title of this Act is the Highway Traffic Amendment

Act (No Conveying of Passengers for Compensation), 2005 .

EXPLANATORY

NOTE

The

Bill makes it a provincial offence under the Highway

Traffic Act to convey passengers anywhere in Ontario in a motor vehicle

for compensation, or to pick up passengers anywhere in Ontario for the purpose

of conveying them somewhere in a motor vehicle for compensation, unless the

driver of the motor vehicle and its owner or lessee are licensed under a

municipal by-law passed under

section 150 of the Municipal

Act, 2001 to convey passengers for compensation and the licences are

displayed in or on the motor vehicle. The new offence does not apply to a

public vehicle operated under an operating licence issued under the Public Vehicles Act .

a person who is convicted of the new offence fails to pay the fine imposed on

conviction,

section 46 of the Highway Traffic Act

provides that a direction may be made under

section 69 of the Provincial Offences Act suspending the driver’s licence

of the person and directing that no driver’s licence be issued to the person

until the fine is paid.

addition, if a person who is convicted of the new offence fails to pay the fine

imposed on conviction, a direction may be made under

section 69 of the Provincial Offences Act refusing validation of the

person’s vehicle permit or issuance of a vehicle permit to the person until the

fine is paid. The refusal to validate applies only to the permit for the

vehicle involved in the commission of the offence, by virtue of subsection 7

(12) of the Highway Traffic Act and subsection 69

(4) of the Provincial Offences Act .

Date Bill stage Activity Committee

March 3, 2005

First Reading

Carried

Debates and Progress

First Reading

March 3, 2005

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

Acts Affected: Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-Laws .

Highway Traffic Act

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