Highway Traffic Amendment Act (Ignition Interlock Device), 2000 Dunlop, Garfield — Bill 131 (37th Parliament, 1st Session)

Bill 131, 37-1

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Bill 131, Highway Traffic Amendment Act (Ignition Interlock Device), 2000

Dunlop, Garfield

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Original

Royal Assent

[37] Bill 131 Royal Assent (PDF)

Bill 131

Bill 1312000

An Act to amend the

Highway Traffic Act

to establish an ignition

interlock device program

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

Assembly of the Province of Ontario, enacts as follows:

1. The Highway Traffic Act is amended by adding the

following sections:

Reinstated licence subject to condition:

first conviction

41.2

(1) If a person's driver's licence is suspended

under

section 41 as a result of a first conviction for an offence under

section 253 or subsection 254 (5) of the Criminal Code (Canada) and

his or her driver's licence is reinstated under

section 41.1, it is a

condition of the person's driver's licence that he or she is prohibited from

driving any motor vehicle that is not equipped with an approved ignition

interlock device.

Application to remove condition

(2) A person mentioned in subsection (1) may apply to the Registrar to

remove the condition prohibiting him or her from driving any motor vehicle

that is not equipped with an approved ignition interlock device.

Time limit

(3) An application under subsection (2) may not be made earlier than one

year from the day the person's driver's licence was reinstated under

section

41.1.

Prescribed criteria must be met

(4) On receiving an application made in accordance with subsections

(2) and (3), the Registrar shall remove the condition, if the person meets the

criteria prescribed for the purpose of this subsection.

Reinstated licence subject to condition:

second conviction

(5) If a person's driver's licence is suspended under

section 41 as a

result of a second conviction for an offence under

section 253 or subsection

254 (5) of the Criminal Code (Canada) and his or her driver's

licence is reinstated under

section 41.1, it is a condition of the person's

driver's licence that he or she is prohibited from driving any motor vehicle

that is not equipped with an approved ignition interlock device.

Application to remove condition

(6) A person mentioned in subsection (5) may apply to the Registrar to

remove the condition prohibiting him or her from driving any motor vehicle

that is not equipped with an approved ignition interlock device.

Time limit

(7) An application under subsection (6) may not be made earlier than three

years from the day the person's driver's licence was reinstated under

section

41.1.

Prescribed criteria must be met

(8) On receiving an application made in accordance with subsections

(6) and (7), the Registrar shall remove the condition, if the person meets the

criteria prescribed for the purpose of this subsection.

Reinstated licence subject to permanent condition

(9) If the Registrar reduces an indefinite licence suspension in

accordance with subsection 41.1 (2) and reinstates a person's driver's

licence, it is a permanent condition of the person's driver's licence that he

or she is prohibited from driving any motor vehicle that is not equipped with

an approved ignition interlock device.

Responsibility of owner of motor vehicle

(10) No person who is the owner or is in possession or control of a motor

vehicle that is not equipped with an approved ignition interlock device shall

knowingly permit a person to driving the vehicle, if that person is

prohibited from driving any motor vehicle that is not equipped with such a

device.

No tampering with devices

(11) Except in accordance with an authorization under subsection (14), no

person shall tamper with an approved ignition interlock device.

Inspections

(12) If, under the authority of this Act, a police officer stops a motor

vehicle, inspects a person's driver's licence and determines that the person

is prohibited from driving any motor vehicle that is not equipped with an

approved ignition interlock device, the police officer may, without warrant

or court order, inspect the vehicle to the extent that is reasonably

necessary to determine,

(a)whether the vehicle is equipped with such a device; and

(b)if the vehicle has the device, whether the device has been tampered

with in any manner.

Penalty

(13) Every person who drives a motor vehicle that is not equipped with an

approved ignition interlock device while prohibited from doing so or who

contravenes subsection (10) or (11) is guilty of an offence and on conviction

is liable,

(a)in the case involving a commercial motor vehicle within the meaning of

subsection 16 (1), to a fine of not less than $200 and not more than

$20,000.

(b)in every other case, to a fine of not less than $200 and not more than

$1,000.

Authorization to install devices

(14) The Minister may in writing authorize any person to install, maintain

and remove approved ignition interlock devices.

Authorization to charge fees

(15) Where, under subsection (14), the Minister has authorized a person to

install, maintain and remove approved ignition interlock devices, the

Minister may in writing authorize that person to charge a fee for the

installation, maintenance and removal of such devices.

Regulations

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

(a)approving ignition interlock devices for the purpose of this

section;

(b)respecting the standards governing the installation, operation and

maintenance of approved ignition interlock devices and requiring persons

authorized under subsection (14) to comply with those standards;

(c)providing for the purposes of this

section that "motor vehicle"

includes a streetcar or a motorized snow vehicle;

(d)prescribing exemptions from subsection (1), (5) or (9) and providing

that an exemption is subject to restrictions or conditions specified in the

regulations and providing that any such restriction or condition shall be

deemed to be a condition contained on a person's driver's licence;

(e)prescribing criteria for the purpose of subsections (4) and (8);

(f)requiring a driver who is prohibited from driving any motor vehicle

that is not equipped with an approved ignition interlock device to attend

upon a person authorized under subsection (14) for the purpose of enabling

that person to gather information from the device;

(g)governing reports that shall be made to the Ministry by persons

authorized under subsection (14) in respect of information gathered under

clause (f);

(h)respecting programs of supervision for persons prohibited from driving

a motor vehicle that is not equipped with an approved ignition interlock

device;

(i)respecting any other matter necessary for the administration of this

section.

Same

(17) A regulation made under subsection (16) may be general or particular

in its application.

Adoption of codes in regulations

(18) A regulation under clause (16) (

b) may adopt by reference, in whole

or in part, with such changes as the Lieutenant Governor in Council considers

necessary, any code, standard, protocol, procedure or policy, and may require

compliance with any code, standard, protocol, procedure or policy.

Amendments to codes

(19) The power to adopt by reference and require compliance with a code,

standard, protocol, procedure or policy in subsection (18) includes the power

to adopt a code, standard, protocol, procedure or policy as it may be amended

from time to time.

Definitions

(20) In this

section and in

section 41.3, "

approved" means approved under clause (16) (a); ("approuv") "

driver's licence" includes a driver's licence issued by any other

jurisdiction; ("permis de conduire") "

ignition interlock device" means a device designed to ascertain the

presence of alcohol in the driver's body and to prevent a motor vehicle from

being started if the concentration of alcohol in the driver's body exceeds

the prescribed limit. ("dispositif de verrouillage du systme de

dmarrage")

Parties to judicial review

41.3

(1) The parties to any judicial review brought in

respect of

section 41.2 are the Registrar and the person whose driver's

licence is subject to the condition prohibiting him or her from driving any

motor vehicle that is not equipped with an approved ignition interlock

device.

Documents privileged

(2) Documents filed with the Ministry for the purposes of

section 41.2 are

privileged for the information of the Ministry only and shall not be open for

public inspection.

Protection from personal liability

(3) No action or other proceeding for damages shall be instituted against

a person authorized under subsection 41.2 (14) to install or maintain an

approved ignition interlock device, unless the person was negligent in the

performance of his or her duties and responsibilities under

section 41.2.

Same

(4) No action or other proceeding for damages shall be instituted against

the Registrar or any employee of the Ministry for the removal of a condition

prohibiting a person from driving a motor vehicle that is not equipped with

an approved ignition interlock device or for the failure to remove the

condition, if the Registrar or employee acted in good faith in the execution

or intended execution of his or her duties under

section 41.2.

Crown not relieved of liability

(5) Despite subsections 5 (2) and (4) of the Proceedings Against the

Crown Act , subsections (3) and (4) do not relieve the Crown of liability

in respect of a tort committed by a person mentioned in subsection (3) and

(4) to which it would otherwise be subject.

Commencement

2. This Act comes into force on a day to be named by proclamation

of the Lieutenant Governor.

Short title

3. The

short title of this Act is the Highway Traffic

Amendment Act (Ignition Interlock Device), 2000.

[37] Bill 131 Original (PDF)

An Act to amend the Highway Traffic Act to establish an ignition

interlock device program

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

Assembly of the Province of Ontario, enacts as follows:

1. The Highway Traffic Act is amended by adding the

following sections:

Reinstated licence subject to condition: first

conviction

41.2

(1) If a person's driver's licence is suspended

under

section 41 as a result of a first conviction for an offence under

section 253 or subsection 254 (5) of the Criminal Code (Canada) and

his or her driver's licence is reinstated under

section 41.1, it is a

condition of the person's driver's licence that he or she is prohibited from

driving any motor vehicle that is not equipped with an approved ignition

interlock device.

Application to remove condition

(2) A person mentioned in subsection (1) may apply to the Registrar to

remove the condition prohibiting him or her from driving any motor vehicle

that is not equipped with an approved ignition interlock device.

Time limit

(3) An application under subsection (2) may not be made earlier than one

year from the day the person's driver's licence was reinstated under

section

41.1.

Prescribed criteria must be met

(4) On receiving an application made in accordance with subsections

(2) and (3), the Registrar shall remove the condition, if the person meets the

criteria prescribed for the purpose of this subsection.

Reinstated licence subject to condition: second

conviction

(5) If a person's driver's licence is suspended under

section 41 as a

result of a second conviction for an offence under

section 253 or subsection

254 (5) of the Criminal Code (Canada) and his or her driver's

licence is reinstated under

section 41.1, it is a condition of the person's

driver's licence that he or she is prohibited from driving any motor vehicle

that is not equipped with an approved ignition interlock device.

Application to remove condition

(6) A person mentioned in subsection (5) may apply to the Registrar to

remove the condit

Document details

Collection	Ontario — Bills
Citation	Bill 131, 37-1
Type	bill
Volume / chapter	p37 s1 bill 131 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	6484dce4e0f24fe3f521d0a99c069e6896390f4e

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