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Bill 85, Highway Traffic Amendment Act (Impaired Driving), 1996

Marland, Margaret

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Highway Traffic Amendment Act (Impaired Driving), 1996

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to provide that a person's driver's licence is suspended for the first, second or third time that the person is convicted of an impaired driving offence. The suspension lasts for at least one

year in the case of a first conviction, three years in the case of a second conviction and five years in the case of a third conviction. The person is required to complete successfully a prescribed educational program or drug and alcohol

rehabilitation program in order to have the driver's licence reinstated.

On a fourth conviction, the person's driver's licence is revoked. If at least five years have passed since the revocation and the person satisfies the requirements specified in the regulations, the person may apply to the Licence Suspension

Appeal Board to have the revocation cancelled.

Bill1996

An Act to amend the Highway Traffic Act

with respect to Impaired Driving Offences

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

1. Clause 41 (1) (

b) of the Highway Traffic Act is amended by striking out "253" in the first line.

2. The Act is amended by adding the following section:

Impaired driving offences

41.1

(1) This

section applies to,

(

a) offences under

section 253 of the Criminal Code (Canada); and

(

b) offences mentioned in subsection 41 (1) for which an offence under

section 253 of the Criminal Code (Canada) is an included offence.

Suspension upon conviction

(2) If a person is convicted for the first, second or third time of an offence mentioned in subsection (1), the person's driver's licence shall be suspended until the later of,

(

a) a period of,

(

i) one year, in the case of a first conviction,

(ii) three years, in the case of a second conviction,

(iii) five years, in the case of a third conviction; and

(

b) the time at which the person successfully completes a program described in subsection (6).

Revocation

(3) Subject to subsection (5), if a person is convicted for a fourth or subsequent time of an offence mentioned in subsection (1), the person's driver's licence shall be revoked and no further driver's licences shall be issued to the

person.

Pardon

(4) If a person has received a pardon under the Criminal Records Act (Canada) in respect of a conviction for an offence mentioned in subsection (1), the conviction for the offence shallnot be deemed to be a conviction for the purposes

of subsections (2) and (3).

Cancellation of revocation

(5) If at least five years have passed since the person's driver's licence was revoked under subsection (3) and the person satisfies the requirements specified in the regulations, the person may apply to the Board to have the revocation

cancelled and the Board may cancel the revocation on the conditions that it considers appropriate.

Rehabilitation and education programs

(6) A person's driver's licence that is suspended under subsection (2) or revoked under subsection (3) shall not be reinstated until the person successfully completes at the person's own expense,

(

a) a prescribed educational program on topics related to impaired driving; and

(

b) a prescribed drug and alcohol rehabilitation program if the evidence produced upon sentencing reveals that the person is suffering from a drug or alcohol dependency and the sentence requires the person to complete successfully the

program.

Regulations

(7) The Lieutenant Governor in Council may make regulations,

(

a) prescribing educational programs and drug and alcohol rehabilitation programs for the purposes of subsection (6);

(

b) specifying requirements that a person shall fulfill to complete successfully a prescribed educational program or drug and alcohol rehabilitation program; and

(

c) specifying requirements that a person shall fulfill to be eligible to apply to the Board under subsection (5) to have the revocation of a driver's licence cancelled.

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 (Impaired Driving), 1996 .

Date Bill stage Activity Committee

October 24, 1996

Ordered referred to Standing Committee

Standing Committee on Administration of Justice

October 24, 1996

Second Reading

Carried on division

October 16, 1996

First Reading

Carried

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