Highway Traffic Amendment Act (Keeping Ontario's Roads Safe), 2014 Murray, Hon. Glen R. Minister of Transportation — Bill 173 (40th Parliament, 2nd Session)

Bill 173, 40-2

Ontario — Bills

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Bill 173, Highway Traffic Amendment Act (Keeping Ontario's Roads Safe), 2014

Murray, Hon. Glen R. Minister of Transportation

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[40] Bill 173 Original (PDF)

Bill 173 2014

Act to amend the Highway Traffic Act in respect of various matters

Her

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

Province of Ontario, enacts as follows:

1. The

definition of "pedestrian crossover" in subsection 1 (1) of the Highway Traffic Act is repealed and the following

substituted:

"pedestrian crossover" means any portion of a roadway

distinctly indicated for pedestrian crossing by signs on the highway and lines

or other markings on the surface of the roadway as prescribed by the

regulations; ("passage pour piétons")

Section

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

Display,

possession of suspended licence permitted

(3.1) Despite clause (1) (b), a person may

display or cause or permit to be displayed or have in his or her possession a

driver's licence that has been suspended under a provision or for a reason

under this Act that is prescribed by regulation made under subsection 211 (5).

3. (1) Subsection

41 (1) of the Act is amended by striking out "Subject to subsections 41.1 (1),

(2) and (3)" at the beginning of the portion before clause (a).

(2) Subsection 41 (1) of the Act is amended

by striking out "is thereupon suspended" in the portion before clause (

f) and

substituting "is thereupon suspended, subject to any continuation under

subsection (4.1) or early reinstatement under

section 57".

(3) Subsection 41 (4.1) of the Act is

repealed and the following substituted:

Suspension

continued until conduct review program completed

(4.1) The suspension of a person's driver's

licence under clause (1) (

f) or (

g) continues beyond the one-year or

three-year period of suspension imposed under those clauses until the person

has successfully completed any conduct review program under

section 57 that he

or she has been required to participate in.

Same,

transition

(4.2) Despite the repeal of

section 41.1

under

section 4 of the Highway Traffic Amendment Act

(Keeping Ontario's Roads Safe), 2014 , the suspension of a driver's

licence that was imposed under subsection 41.1 (3) before its repeal and that

was in effect on the day of its repeal is deemed to continue until the holder

of the driver's licence successfully completes any remedial program that he or

she was required to participate in under

section 41.1 or any conduct review

program that he or she was required to participate in under

section 57, as the

case may be.

Transition,

ignition interlock condition

(4.3) Despite the repeal of

section 41.2

under

section 4 of the Highway Traffic Amendment Act

(Keeping Ontario's Roads Safe), 2014 , a condition that was imposed on a

driver's licence under subsection 41.2 (1), (5) or (9) before its repeal and

that was in effect on the day of its repeal is deemed to continue until the condition

is removed or replaced under a conduct review program under

section 57.

4. Sections

41.1, 41.2 and 41.3 of the Act are repealed.

5. Subsection

41.4 (1) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Administrative

vehicle impoundment for contravening ignition interlock condition

(1) Where

a police officer is satisfied that a person was driving a motor vehicle in

contravention of a condition imposed on the person's driver's licence under a

conduct review program under

section 57 that prohibits him or her from driving

a motor vehicle that is not equipped with an ignition interlock device, 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,

. . . .

6. Subsection

48.1 (10) of the Act is repealed and the following substituted:

Duties

of officer

(10) Every officer who asks for the

surrender of a licence under this

section shall,

(

a) notify

the Registrar of that fact, or cause the Registrar to be so notified, in the

form and manner and within the time required by the Registrar;

(

b) keep

a record of the licence received with the name and address of the person and

the date and time of the suspension; and

(

c) provide

the licensee with a written statement of the time from which the suspension

takes effect, the period of time for which the licence is suspended and the

place where the licence may be recovered.

7. Subsection

48.2.1 (18) of the Act is repealed and the following substituted:

Duties

of officer

(18) Every

police officer who asks for the surrender of a licence under this

section

shall,

(

a) notify

the Registrar of that fact, or cause the Registrar to be so notified, in the

form and manner and within the time required by the Registrar;

(

b) keep

a record of the licence received with the name and address of the person and

the date and time of the suspension; and

(

c) provide

the licensee with a written statement of the time from which the suspension

takes effect, the period of time for which the licence is suspended and the

place where the licence may be recovered.

(1) Subsection

50.2 (3) of the Act is amended by adding the following clause:

(b.1) 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 subject to the condition

described in paragraph 2 of subsection 55.1 (1);

(2) Clause 50.2 (3) (

c) of the Act is

amended by adding "or subject to the condition described in paragraph 2 of

subsection 55.1 (1)" at the end.

(1) Subsection

55.1 (1) of the Act is repealed and the following substituted:

Long-term

vehicle impoundment for driving while suspended, in contravention of condition

Detention

(1) Where

a police officer or officer appointed for carrying out the provisions of this

Act is satisfied that a person was driving a motor vehicle on a highway in one

of the following circumstances, the officer shall detain the motor vehicle that

was being driven by the person:

1. While

his or her driver's licence is under suspension under

section 41, 42 or 43,

even if it is under suspension at the same time for any other reason.

2. In

contravention of a condition, imposed for a prescribed reason on his or her

driver's licence under a conduct review program under

section 57, that

prohibits him or her from driving a motor vehicle that is not equipped with an

ignition interlock device.

3. While

his or her driver's licence is under suspension for a prescribed reason under a

conduct review program under

section 57, even if it is under suspension at the

same time for any other reason.

(2) Subsection 55.1 (38) of the Act is

amended by adding the following clause:

(f.1) prescribing

reasons for the purpose of paragraphs 2 and 3 of subsection (1);

(3) Section 55.1 of the Act is amended by

adding the following subsection:

Transition

(39.1) For the purposes of paragraph 1 of

subsection (1), a driver's licence suspension that was imposed under

section 41.1 before its repeal under

section 4 of the Highway Traffic Amendment Act (Keeping Ontario's Roads Safe),

2014 and that was in effect on the day of its repeal is deemed to

be a suspension under

section 41.

10. Subsection

55.2 (1) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

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 his or her driver's licence is under suspension (other than under

section 32, 41, 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,

. . . .

11. (1) Clause

57 (4) (

d) of the Act is repealed and the following substituted:

(

d) establish

and govern ignition interlock programs, including an ignition interlock program

for the purposes of subsection 259 (1.1) of the Criminal

Code

(Canada), and programs that require the installation and use of other devices

in motor vehicles that may affect the operation of the vehicle and may record

and transmit data from the vehicle;

(2) Clauses 57 (4) (h), (

i) and (

j) of the

Act are repealed and the following substituted:

(

h) provide

for and govern the suspension, cancellation, reinstatement or change

of class of a licence, permit or certificate, and the imposition and removal of

any condition, restriction, limitation or endorsement on a licence, permit or

certificate, in specified circumstances including for failure to successfully

complete a conduct review program or any feature or stage of a conduct review

program or as part of an ignition interlock program referred to in subsection

259 (1.1) of the Criminal Code (Canada);

(

i) require

or prohibit the doing of any thing by persons participating in a conduct review

program;

(3) Section 57 of the Act is amended by

adding the following subsections:

Same

(4.1) A regulation made under clause (4)

(

h) may not provide for the reinstatement of a driver's licence suspended by

court order, except for a court order made under subsection 259 (1) of the Criminal Code (Canada).

Same

(4.2) A regulation made under clause (4)

(

h) may not provide for the reinstatement of a suspended drivers licence,

except in one of the following circumstances:

1. Where

the licence is suspended under a conduct review program.

2. Where

the licence is suspended under subsection 41 (1) for an offence listed in clause

41 (1) (b.1) or (

c) and the reinstatement is for the purpose of requiring the

holder of the licence to participate in an ignition interlock program.

3. Where

the licence is suspended for a second subsequent suspension under clause 41 (1)

(

h) and the suspension has been in effect for at least 10 years before the

reinstatement takes effect.

(4) Section 57 of the Act is

amended by adding the following subsections:

Penalty

(19) Every person who contravenes this

section, a regulation made under this

section or a condition imposed on a

driver's licence under a conduct review program established 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 $1,000.

Penalty

- commercial motor vehicle

(20) Despite subsection (19), every person

who contravenes this section, a regulation made under this

section or a

condition imposed on a driver's licence under a conduct review program

established under this

section is guilty of an offence and, if the offence

was committed by means of a commercial motor vehicle within the meaning of

subsection 16 (1), on conviction is liable to a fine of not less than $200 and

not more than $20,000.

12. (1) Subsection

62 (14) of the Act is amended by striking out "Subject to subsections

(14.1) and (15)" at the beginning and substituting "Subject to subsections (14.1),

(15) and (17.1)".

(2) Subsection 62 (17) of the Act is

repealed and the following substituted:

Lights

and reflectors on bicycles, etc.

(17) When on a highway at any time from

one-half hour before sunset to one-half hour after sunrise and at any other

time when, due to insufficient light or unfavourable atmospheric conditions,

persons and vehicles on the highway are not clearly discernible at a distance

of 150 metres or less, every motor-assisted bicycle and bicycle (other than a

unicycle) shall carry a lighted lamp displaying a white or amber light on its

front and a lighted lamp displaying a red light or a reflector on its rear, and

in addition white reflective material shall be placed on its front forks, and

red reflective m

Document details

Collection	Ontario — Bills
Citation	Bill 173, 40-2
Type	bill
Volume / chapter	p40 s2 bill 173 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4d5e753a71b37a3aca04a39c2e4ee95b4c1e934e

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