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Bill 105, Assessing Fitness to Drive Act, 2023

Mantha, Michael

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Original

Bill 105 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act by repealing

and replacing

section 203. This changes the approach to required medical

reports under the Act. The old

section 203 required every prescribed person to

report to the Registrar every person who is at least 16 years old who, in the

opinion of the prescribed person, has or appears to have a prescribed medical

condition, functional impairment or visual impairment. The old

section 203 also

permitted every prescribed person to report to the Registrar a person who is at

least 16 years old who, in the opinion of the prescribed person, has or appears

to have a medical condition, functional impairment or visual impairment that

may make it dangerous for the person to operate a motor vehicle.

The

new

section 203 requires every legally qualified and registered psychologist,

optometrist, medical practitioner and nurse practitioner to report to the

Registrar the name, address and medical condition of any patient 16 years old

of age or older who has a medical condition that, in the opinion of the psychologist,

optometrist, medical practitioner or nurse practitioner, makes it dangerous for

the patient to drive a motor vehicle and who continues to drive the motor

vehicle after being warned of the danger by the psychologist, optometrist,

medical practitioner or nurse practitioner.

Bill 105 2023

Act to amend the Highway Traffic Act respecting mandatory reports

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 203 of the Highway Traffic Act is repealed

and the following substituted:

Medical

reports

Every

legally qualified and registered psychologist, optometrist, medical

practitioner and nurse practitioner who has a patient who meets the following requirements

shall report to the Registrar the name, address and medical condition of the

patient:

1. The

patient is 16 years of age or older.

2. In

the opinion of the psychologist, optometrist, medical practitioner or nurse

practitioner, the patient has a medical condition that makes it dangerous for

the patient to drive a motor vehicle.

3. The

patient continues to drive a motor vehicle after being warned of the danger by

the psychologist, optometrist, medical practitioner or nurse practitioner.

(1) Subsection 204 (2) of the Act is amended by striking out

“prescribed person required or authorized” and substituting “person required”.

(2) Subsection

204 (4) of the Act is repealed.

Commencement

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

Short

title

The

short title of this Act is the Assessing Fitness to

Drive Act, 2023 .

Date Bill stage Event Outcome Committee

May 8, 2023

First Reading

Ordered for Second Reading

May 8, 2023

First Reading

Vote

Carried

First Reading

May 8, 2023

Carried