Highway Traffic Amendment Act (Driving While Suspended), 2000 Bartolucci, Rick — Bill 122 (37th Parliament, 1st Session)

Bill 122, 37-1

Ontario — Bills

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Bill 122, Highway Traffic Amendment Act (Driving While Suspended), 2000

Bartolucci, Rick

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[37] Bill 122 Original (PDF)

An Act to amend the Highway Traffic Act to increase the penalties

for driving with a suspended licence

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

Assembly of the Province of Ontario, enacts as follows:

1. Clauses 41 (1) (

g) and (

h) of the Highway Traffic Act,

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

chapter 12,

section 1, are

repealed and the following substituted:

(g)upon the first subsequent conviction, for 10 years; and

(h)upon the second subsequent conviction, permanently.

2. Subsection 41.1 (2) of the Act, as enacted by the Statutes of

Ontario, 1997,

chapter 12,

section 2, is repealed.

3. Subsection 42 (1) of the Act is repealed and the following

substituted:

Suspension for driving while disqualified

(1) The driver's licence of a person who is convicted of an offence under

subsection 259 (4) of the Criminal Code (Canada) or under a

provision that is enacted by a state of the United States of America and that

is designated by the regulations is thereupon suspended,

(a)upon the first conviction, for 1 year;

(b)upon the first subsequent conviction, for 10 years; and

(c)upon the second subsequent conviction, permanently.

4. The Act is amended by adding the following

section:

Seizure of vehicle

42.1

(1) Where a person's licence is suspended under

clause 41 (1) (

g) or (

h) or under clause 42 (1) (

b) or (c), the court or

judge, as the case may be, making the conviction which resulted in the

suspension, shall make one of the following orders:

1.If the court or judge is satisfied that the person convicted owned the

vehicle used in the commission of the offence at the time of the offence and

still owns the vehicle, the court or judge shall order that the vehicle be

seized and sold.

2.If the court or judge does not make an order under paragraph 1, the

court or judge shall impose a fine on the person convicted equal to the value

of the vehicle used in the commission of the offence, as that value may be

determined by reliable reference materials commonly used to estimate the

value of vehicles.

Use of funds

(2) Proceeds realized from the sale of a vehicle under paragraph 1 of

subsection (1), and a fine imposed under paragraph 2 of subsection (1) may be

used to finance programs that, in the opinion of the Attorney General,

promote safe driving.

Commencement

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

Assent.

Short title

6. The

short title of this Act is the Highway Traffic

Amendment Act (Driving While Suspended), 2000.

EXPLANATORY NOTE

The Bill increases the period of licence suspension to be imposed when a

person is convicted more than once of certain offences under the Criminal

Code (Canada) set out in

section 41 of the Highway Traffic Act .

It also increases the period of licence suspension to be imposed under

section 42 when a person is convicted more than once of operating a motor

vehicle, vessel or aircraft or any railway equipment in Canada while

disqualified from doing so, contrary to subsection 259 (4) of the

Criminal Code (Canada), or is convicted more than once of prescribed

offences under a law of a state of the United States.

A vehicle used in the commission of an offence must be seized and sold if

the owner's licence is suspended more than once under

section 41 or 42. The

judge or court must also be satisfied that the person convicted owned the

vehicle at the time of the offence and still owns the vehicle. If not, the

person convicted is subject to a fine equal to the value of the vehicle used

in the commission of the offence. In either case, the proceeds may be used to

finance programs that, in the opinion of the Attorney General, promote safe

driving.

Date Bill stage Activity Committee

October 5, 2000

First Reading

Carried

Debates and Progress

First Reading

October 5, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 122, 37-1
Type	bill
Volume / chapter	p37 s1 bill 122 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	977a5a3139db57a589ce045d27461772a40c11a7

Source file is stored in the law ingest library (html).