Highway Traffic Amendment Act (Licence Suspensions), 1998 Grimmett, William Lawrence — Bill 59 (36th Parliament, 2nd Session)

Bill 59, 36-2

Ontario — Bills

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Bill 59, Highway Traffic Amendment Act (Licence Suspensions), 1998

Grimmett, William Lawrence

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[36] Bill 59 Original (PDF)

B059_E

Bill 59 1998

An Act to amend the Highway Traffic Act with respect to the suspension of

drivers' licences

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

Assembly of the Province of Ontario, enacts as follows:

1. (1) Subsection (2) applies only if

section 1 of the

Comprehensive Road Safety Act, 1997 does not come into force before

this

section comes into force.

(2) Clauses 41 (1) (

b) and (

c) of the Highway Traffic

Act, as re-enacted by the Statutes of Ontario, 1997,

chapter 12,

section

1, are repealed and the following substituted:

(

b) under

section 249 or 252 of the Criminal Code (Canada)

committed while driving or having the care, charge or control of a motor

vehicle or street car within the meaning of this Act or a motorized snow

vehicle within the meaning of the Motorized Snow Vehicles Act\;

(b.1) under

section 253 or 255 of the Criminal Code (Canada)

committed while,

(

i) driving or having the care, charge or control of a motor vehicle or

street car within the meaning of this Act or a motorized snow vehicle within

the meaning of the Motorized Snow Vehicles Act , or

(ii) operating or having the care, charge or control of a vessel within

the meaning of

section 48;

(

c) under subsection 254 (5) of the Criminal Code (Canada)

committed in relation to,

(

i) the driving or having the care, charge or control of a motor vehicle

or street car within the meaning of this Act or a motorized snow vehicle

within the meaning of the Motorized Snow Vehicles Act , or

(ii) the operating or having the care, charge or control of a vessel

within the meaning of

section 48.

(3) Clauses 41 (1) (

b) and (

c) of the Act, as re-enacted by the

Statutes of Ontario, 1997,

chapter 12,

section 1, are repealed and clauses 41

(1) (b), (b.1) and (

c) of the Act, as set out in subsection (2), are

substituted.

2. (1) Subsection 48 (3) of the Act, as amended by the Statutes of

Ontario, 1993,

chapter 40,

section 4, is repealed and the following

substituted:

Same, breathalyser test

(3) Where, upon demand of a police officer made under

section 254 of the

Criminal Code (Canada), a driver of a motor vehicle or operator of a

vessel provides a sample of breath which, on analysis by an instrument

approved as suitable for the purpose of

section 254 of the Criminal

Code (Canada), indicates that the concentration of alcohol in his or her

blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a

police officer may request the person to surrender his or her driver's

licence.

Exception, operator of a vessel

(3.1) Nothing in subsection (3) authorizes a police officer to require the

operator of a vessel to stop for the purpose of determining whether or not

there is evidence to justify making a demand under

section 254 of the

Criminal Code (Canada).

(2) Subsection 48 (13) of the Act is amended by adding the

following definition:

vessel" means a vessel as defined in

Part VIII of the Criminal

Code (Canada), but does not include a vessel within that definition that

is not equipped with a motor. ("bateau")

3. Subsection 210 (1) of the Act is amended by striking out "this

Act or a motorized snow vehicle within the meaning of the Motorized Snow

Vehicles Act" in the eighth, ninth and tenth lines and substituting

"this Act, a motorized snow vehicle within the meaning of the Motorized

Snow Vehicles Act or a vessel within the meaning of

section 48 of this

Act".

Commencement

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

of the Lieutenant Governor.

Short title

5. The

short title of this Act is the Highway Traffic

Amendment Act (Licence Suspensions), 1998 .

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

June 25, 1998

Ordered for Third Reading

June 25, 1998

Second Reading

Carried

June 25, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 59, 36-2
Type	bill
Volume / chapter	p36 s2 bill 59 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	77a36152e60d004bf107dad5177d71c7f6d9dbdc

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