Ontario Bill 107 (42nd Parliament, 1st Session)

Bill 107, 42-1

Ontario — Bills

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Bill 107, Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019

Yurek, Jeff Minister of Transportation

Royal Assent received. Statutes of Ontario 2019,

chapter 8

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Bill 107 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 107 and does not form part of the law.

Bill 107 has been enacted as

Chapter 8 of the Statutes of Ontario, 2019.

SCHEDULE

Highway Traffic Act

Numerous

amendments are made to the Highway Traffic Act

respecting road safety and other matters. Some highlights are as follows:

1. Driving

instructors are required to have a blood alcohol concentration of zero and to

have no drugs in their body while providing driving instruction. A police

officer may demand that a driving instructor provide a sample of breath or oral

fluid for analysis by the appropriate equipment.

Section

21.1 of the Act provides for a system of administrative penalties. Amendments

are made in respect of the involvement in that system of municipalities or

persons employed by municipalities.

3. Currently,

the Act states that when a sentence is being imposed for careless driving the

court may consider as an aggravating factor whether bodily harm was caused to a

person who was vulnerable, including a pedestrian or cyclist. The Act is

amended to refer to persons working upon the highway in addition to pedestrians

and cyclists.

4. The

fines for the contravention of certain provisions regarding unnecessary slow

driving, slow vehicles failing to travel on the right side and overtaking and

passing are increased to be not less than $150 and not more than $1,000.

5. Various

amendments are made regarding restricted-use lanes on highways to permit the

beginning and end of such lanes to be temporarily changed when the lanes are

within a construction zone, and providing for the posting of signs to indicate

the change.

6. Currently

the Act allows regulations and municipal by-laws to be made permitting the

operation of off-road vehicles. The Act is amended to specify that such

regulations and by-laws may also prohibit the operation of off-road vehicles.

7. Several

changes are made to the Act to reflect changes made to the Criminal Code (Canada).

Schedule

Insurance Act

Section

267.12 of the Insurance Act , which limits the

liability of a lessor of a motor vehicle, is amended to provide that the

limitation does not apply with respect to certain vehicles unless the lessor or

lessors of the vehicle and the lessee are dealing with each other at arm’s

length.

Schedule

Metrolinx Act, 2006

The

Schedule amends the Metrolinx Act, 2006 . The

amendments include the following:

Sole

responsibility project

The

Lieutenant Governor in Council may prescribe a rapid transit design,

development or construction project as a rapid transit project that is the sole

responsibility of Metrolinx. If a rapid transit project is the sole

responsibility of Metrolinx, the City of Toronto and its agencies cannot take

further action on that project. The Lieutenant Governor in Council may transfer

to Metrolinx the assets, liabilities, rights and obligations related to that

project.

Direction

and approval project

The

Lieutenant Governor in Council may prescribe a rapid transit design,

development or construction project as a rapid transit project that is subject

to the Minister’s direction. If a rapid transit project is subject to the

Minister’s direction, the Minister may issue directives to the City of Toronto

and its agencies about that project. Also, the Lieutenant Governor in Council

may require that a specified decision about the project be subject to the

Minister’s approval.

Schedule

Photo Card Act, 2008

Currently,

the Photo Card Act, 2008 provides for the issuance

and use of three types of photo cards: basic photo cards, enhanced photo cards

and combined photo cards. The Act is amended to provide that only one type of

card may be issued and used.

Schedule

Public Transportation and Highway Improvement Act

The

Public Transportation and Highway Improvement Act

is amended to add

definitions of the terms “grading” and “structure”. The Act is

also amended to provide that earth grading activities in certain circumstances

require a permit from the Minister.

Schedule

SHOrtline railways Act, 1995

The

Schedule amends the Shortline Railways Act, 1995 . A

shortline railway is a railway operated only in Ontario and not under federal

jurisdiction, other than urban rail transit systems and railways entirely

within industrial sites and mines. The

Schedule amends the definition of

“railway” to provide that “railway” means a rail service, including the rolling

stock that operates on the railway line.

The

Schedule authorizes the registrar of shortline railways to add, vary, amend or

revoke conditions on shortline railway licences at any time, with a process for

notice and submissions. It makes it a condition of every licence to provide

operational information on a regular basis. It requires shortline railways to

notify the registrar of any changes to the corporate officers of the shortline

railway and of any changes to the services provided by the shortline railway.

Currently,

the Act requires a shortline railway that intends to discontinue a railway line

to go through a process that includes advertising the intended discontinuance

and seeking purchasers; if no private purchase occurs, the shortline railway must

offer to sell to the Government of Ontario at salvage value. The

Schedule

repeals these requirements.

The

Schedule also permits the registrar to provide certain notices by fax or email.

Bill 107 2019

An Act to amend the

Highway Traffic Act and various other statutes in respect of transportation -related matters

Contents

of this Act

Commencement

Short

title

Schedule 1

Highway

Traffic Act

Schedule 2

Insurance

Act

Schedule 3

Metrolinx

Act, 2006

Schedule 4

Photo

Card Act, 2008

Schedule 5

Public

Transportation and Highway Improvement Act

Schedule 6

Shortline

Railways Act, 1995

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of

this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 .

SCHEDULE 1

Highway Traffic Act

The following provisions of the Highway Traffic Act

are amended by striking out “section 254” wherever it appears and substituting

in each case “section 320.27 or 320.28”:

1. Subsections

48 (1), (2), (3) and (6.1).

2. Subsection

48.0.2 (1).

3. Subsection

48.0.3 (1).

4. Subsection

48.0.4 (1).

5. Subsections

48.1 (4) and (6.1).

6. Subsections

48.2 (1), (2) and (3.1).

7. Subsections

48.2.1 (5), (6) and (8).

8. Subsections

48.2.2 (5), (6) and (8).

9. Paragraph

2 of subsection 48.3 (3).

The French version of the following provisions of the Act are amended by

striking out “ni d’une audience” wherever it occurs and substituting in each

case “ni du droit d'être entendu”:

1. Subsection

41.4 (13).

2. Subsection

48 (9).

3. Subsection

48.1 (8.1).

4. Subsection

48.2.1 (16).

5. Subsection

48.2.2 (14).

6. Subsection

48.4 (13).

7. Subsection

55.2 (13).

8. Subsection

172 (13).

Subsection 1 (8) of the Act is repealed and the following substituted:

Calculation

of days

(8) Where

a suspension or impoundment is imposed under this Act, the period of the suspension

or impoundment may be determined by counting 24 hours for each day.

Section 1.3 of the Act is repealed.

Clause 5 (1) (

i) of the Act is amended by adding “including an administrative

penalty” after “under this Act”.

(1) The French version of subsection 21.1 (6) of the Act is amended

by striking out “Nul n’a droit à une audience” and substituting “Nul n’a le

droit d’être entendu”.

(2) Subsection

21.1 (9) of the Act is repealed and the following substituted:

Parties

to judicial review

(9) The

parties to any judicial review brought in respect of this

section are,

(

a) the

person subject to the order imposing an administrative penalty;

(

b) the

Registrar; and

(

c) where

applicable, the municipality that employed the prescribed authorized person who

imposed the administrative penalty under subsection (2) and the municipality

that employed the person prescribed for the purpose of subsection (7).

(3) Clause

21.1 (14) (

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

(

i) governing

the payment of penalties, including requiring that a penalty be paid before a

specified deadline, and authorizing the Registrar or a prescribed person to

approve a plan of periodic payments that extends beyond the deadline, and

prescribing such persons;

(4) Subsection

21.1 (14) of the Act is amended by adding the following clause:

(k.1) governing

whether a prescribed portion of a penalty paid shall be credited to the

victims’ justice fund account continued under subsection 5 (1) of the Victims’ Bill of Rights, 1995 ;

(5) Subclause

21.1 (14) (m) (iv) of the Act is repealed and the following substituted:

(iv) prescribing

fees to be paid to commence an appeal or providing that the fees may be

established by the municipality that employs the person prescribed for the

purpose of subsection (7), and

(6) Subsection

21.1 (14) of the Act is amended by adding the following clauses:

(

n) where

municipalities or persons employed by municipalities are prescribed under

clause (

a) or (d), governing the manner and means by which the municipalities

may do anything to give effect to this section, including impose a penalty,

conduct an appeal, collect payments and provide information to the Ministry;

(

o) providing

for anything necessary or advisable for carrying out the intent and purposes of

this section.

(1) Clause 41 (1) (

b) of the Act is amended by striking out “section

249, 249.1, 249.2, 249.3, 249.4 or 252” and substituting “section 320.13, 320.16

or 320.17”.

(2) Clause

41 (1) (b.1) of the Act is repealed.

(3) Clause

41 (1) (

c) of the Act is amended by striking out “section 254” in the portion

before subclause (

i) and substituting “section 320.14 or 320.15”.

(4) Section

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

Interpretation

(9) Where

a conviction is made under the Criminal Code

(Canada) in relation to an offence set out in subsection (1) or

section 42, and

that conviction is reported to the Ministry without a

section number or as

having taken place under

section 320.19, 320.2, 320.21 or 320.24 of the Criminal Code (Canada), the conviction shall be treated

as if it were made and reported under the applicable provision of the Criminal Code (Canada) set out in subsection (1) or

section 42.

Subsection 42 (1) of the Act is amended by striking out “subsection 259 (4)” in

the portion before clause (

a) and substituting “section 320.18”.

(1) Subsection 43 (1) of the Act is amended by striking out “section

259” and substituting “section 320.24”.

(2) Subsection

43 (2) of the Act is repealed and the following substituted:

Expanded

meaning of order

(2) For

the purposes of subsection (1),

“an

order made under

section 320.24 of the Criminal Code

(Canada)” includes an order made under a

section of the Criminal

Code (Canada) referred to in a predecessor to this section.

Subsection 44 (1) of the Act is amended by striking out “section 259” and

substituting “section 320.24”.

(1) Subsection 44.2 (8) of the Act is repealed and the following

substituted:

Regulations

(8) The

Lieutenant Governor in Council may make regulations governing the suspension or

cancellation of drivers’ licences of novice drivers or the change in respect of

their class for the purpose of subsection (5).

(2) The

definition of “approved drug screening equipment” in subsection 44.2 (10) of

the Act is repealed and the following substituted:

“approved

drug screening equipment” means drug screening equipment that is designed to

ascertain the presence of a drug in a person’s body and that is prescribed by

or approved under the Criminal Code (Canada); (“matériel

de détection des drogues approuvé”)

(1) The French version of subsection 46 (1) of the Act is repealed

and the following substituted:

Amende

impayée

(1) Le

présent

article s’applique si une amende est imposée à la suite d’une

déclaration de culpabilité à l’égard d’une infraction et que l’infraction

est :

a) prévue

à la présente loi ou aux règlements;

b) prévue

à une autre loi figurant à l’annexe du présent

article ou aux règlements pris

en vertu de cette loi;

b.1) prévue

au paragraphe 12 (1) de la Loi de 2017 sur le contrôle du

cannabis ;

c) prévue

à l’alinéa 17 (1)

a) ou au paragraphe 24 (1) de la Loi de

1997 sur la protection du poisson et de la faune ;

d) prévue

au paragraphe 32 (1) de la

Loi sur les permis d’alcool ;

d.1) prévue

à l’alinéa 17.1 (1)

a) de la Loi de 2017 favorisant un

Ontario sans fumée ;

e) commise

avec un véhicule à moteur contrairement à l’article 249, 249.1, 249.2, 249.3,

249.4, 252, 253, 254, 255 ou 259 du Code criminel

(Canada).

(2) Clause

46 (1) (

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

(

e) that

was committed under a

section of the Criminal Code

(Canada) referred to in

section 41, 42 or 43.

The definition of “vessel” in subsection 48 (18) of the Act is amended by

striking out “section 214” and substituting “section 320.11”.

Paragraph 1 of subsection 48.0.1 (2) of the Act is amended by striking out

“paragraph 254 (2) (a)” and substituting “section 320.27”.

The definition of “approved drug screening equipment” in subsection 48.0.2

(8) of the Act is repealed and the following substituted:

“approved

drug screening equipment” has the same meaning as in

section 44.2; (“matériel

de détection des drogues approuvé”)

The definition of “approved drug screening equipment” in subsection 48.0.3

(9) of the Act is repealed and the following substituted:

“approved

drug screening equipment” has the same meaning as in

section 44.2; (“matériel

de détection des drogues approuvé”)

The definition of “approved drug screening equipment” in subsection 48.0.4

(7) of the Act is repealed and the following substituted:

“approved

drug screening equipment” has the same meaning as in

section 44.2.

(1) Paragraph 1 of subsection 48.3 (3) of the Act is repealed and

the following substituted:

1. The

person is shown, by an analysis of breath or blood taken pursuant to a demand

made under

section 320.27 or 320.28 of the Criminal

Code (Canada) or pursuant to judicial authorization under the Criminal Code (Canada), to have a concentration of

alcohol in his or her blood of 80 milligrams or more in 100 millilitres of

blood.

(2) The

definition of “vessel” in subsection 48.3 (16) of the Act is amended by

striking out “section 214” and substituting “section 320.11”.

(1) Paragraph 1 of subsection 48.3.1 (2) of the Act is amended by

striking out “subsection 254 (3.1)” and substituting “subsection 320.28 (2)”.

(2) Subsection

48.3.1 (6) of the Act is amended by striking out “subsection 254 (3.1)” and

substituting “subsection 320.28 (2)”.

(3) The

definition of “evaluating officer” in subsection 48.3.1 (9) of the Act is

amended by striking out “subsection 254 (1)” and substituting “section 320.11”.

(4) The

definition of “vessel” in subsection 48.3.1 (9) of the Act is amended by

striking out “section 214” and substituting “section 320.11”.

(1) Subclause 50.1 (2) (a) (

i) of the Act is amended by striking out

“section 254 or 256” and substituting “section 320.27 or 320.28”.

(2) Subclause

50.1 (2) (a) (ii) of the Act is amended by striking out “section 254” and

substituting “section 320.27 or 320.28”.

(3) Subclause

50.1 (2) (b) (

i) of the Act is amended by striking out “section 254” and

substituting “subsection 320.28 (2)”.

(4) Subclause

50.1 (2) (b) (ii) of the Act is amended by striking out “section 254” and

substituting “subsection 320.28 (2)”.

(1) Clause 57 (4) (

d) of the Act is amended by striking out

“subsection 259 (1.1)” and substituting “section 320.18”.

(2) Clause

57 (4) (

h) of the Act is amended by striking out “subsection 259 (1.1)” and

substituting “section 320.18”.

(3) Subsection

57 (4.1) of the Act is amended by striking out “subsection 259 (1)” and

substituting “section 320.18”.

The Act is amended by adding the following section:

Driving

instructors shall have zero blood alcohol concentration

58.0.1

(1) Every

driving instructor shall have a blood alcohol concentration of zero, as

indicated by a provincially approved screening device, while providing a

prescribed class of driving instruction for compensation in a motor vehicle on

a highway.

Driving

instructors shall have zero presence of drug

(2) No

driving instructor shall have a drug in his or her body, as indicated by

approved drug screening equipment, while providing a prescribed class of

driving instruction for compensation in a motor vehicle on a highway.

Exception

(3) Subsection

(2) does not apply where a police officer is satisfied that the driving

instructor is legally authorized to use a drug or drugs for medical purposes,

and has that drug or drugs in his or her body, as indicated by approved drug

screening equipment.

Testing

— alcohol

(4) Where

a driving instructor is providing a prescribed class of driving instruction for

compensation in a motor vehicle on a highway and the motor vehicle has been

brought to a stop by a police officer under the authority of this Act, and the

police officer reasonably suspects that the driving instructor has alcohol in

his or her body, the police officer may, for the purposes of determining

whether the driving instructor is in compliance with this section, demand that

the driving instructor provide forthwith a sample of breath into a provincially

approved screening device, and the driving instructor shall provide a suitable

sample.

Opportunity

for second analysis

(5) Where

testing under subsection (4) indicates the driving instructor has alcohol in

his or her body, the driving instructor may require that a second analysis be

performed in accordance with the requirements set out in subsections 48.2 (3), (3.1),

(3.2), (4) and (5), with any necessary modifications.

Testing

— drugs

(6) Where

a driving instructor is providing a prescribed class of driving instruction for

compensation in a motor vehicle on a highway and the motor vehicle has been

brought to a stop by a police officer under the authority of this Act, and the

police officer reasonably suspects that the driving instructor has a drug or

drugs in his or her body, the police officer may, for the purposes of

determining whether the driving instructor is in compliance with this section,

demand that the driving instructor provide forthwith a sample of oral fluid for

analysis by approved drug screening equipment, and the driving instructor shall

provide a suitable sample.

Definitions

(7) In

this section,

“approved

drug screening equipment” has the same meaning as in

section 44.2; (“matériel de

détection des drogues approuvé”)

“driving

instructor” means an individual licensed as a driving instructor under

section

58, and includes a driving instructor who occupies any seating position within

a motor vehicle; (“moniteur de conduite automobile”)

“provincially

approved screening device” has the same meaning as in subsection 48.2.1 (22).

(“appareil de détection approuvé par la province”)

Subsection 85 (1) of the Act, as re-enacted by

section 27 of the Transportation Statute Law Amendment Act (Making Ontario's Roads

Safer), 2015 , is amended by striking out “clause 87 (a)” in the portion

before clause (

a) and substituting “clause 87 (b)”.

Subsection 128 (1) of the Act is amended by adding “or” at the end of clause

(d), by striking out “or” at the end of clause (

e) and by repealing clause (f).

Subsection 130 (6) of the Act is amended by striking out “pedestrian or

cyclist” at the end and substituting “pedestrian, cyclist or person working upon

the highway”.

Section 132 of the Act is amended by adding the following subsection:

Offence

(3) Every

person who contravenes this

section is guilty of an offence and on conviction

is liable to a fine of not less than $150 and not more than $1,000.

Section 147 of the Act is amended by adding the following subsection:

Offence

(3) Every

person who, while driving a motor vehicle, contravenes this

section is guilty

of an offence and on conviction is liable to a fine of not less than $150 and

not more than $1,000.

Section 148 of the Act is amended by adding the following subsection:

Offence

(2.1) Every

person who, while driving a motor vehicle, contravenes subsection (2) is guilty

of an offence and on conviction is liable to a fine of not less than $150 and

not more than $1,000.

“lines” in the portion before clause (

a) and substituting “lanes”.

(1) Subsection 151 (1) of the Act is repealed and the following

substituted:

Highways

designated for use of paved shoulder

(1) The

Minister may by regulation designate any part of the King’s Highway as having a

paved shoulder, the use of which is restricted to prescribed vehicles, and may

make regulations,

(

a) prescribing

vehicles for the purposes of this subsection;

(

b) regulating

the use of the paved shoulder on a designated part of the highway and prescribing

conditions and circumstances for that use, including prescribing rules of the

road applicable to the use of the paved shoulder, exemptions from any

requirement in this Part, or in a regulation made under this Part, applicable

to the use of the paved shoulder and conditions and circumstances for such

exemptions;

(

c) providing

for the posting of signs and the placing of markings for the purposes of this

section;

(

d) prescribing

the types of the signs and markings referred to in clause (c), instructions to

be contained on them and the location of each type of sign and marking.

(2) Section

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

Construction

zone

(4.1) Where

a construction zone designated under subsection 128 (8) includes a part of a

highway designated under this section, the official authorized under subsection

128 (8) may authorize a temporary change of the commencement or end of the part

designated under this

section that is within the designated construction zone,

and any such change shall not become effective until the highway or part of it

affected is signed in accordance with this section.

(1) Subsection 154.1 (1) of the Act is amended by adding the

following clause:

(d.1) providing

for the posting of signs on any part of a highway designated as having a high

occupancy vehicle lane that is in a construction zone designated under

subsection 128 (8);

(2) Section

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

Construction

zone

(1.1) Where

a construction zone designated under subsection 128 (8) includes a high

occupancy vehicle lane or part of a high occupancy vehicle lane designated

under subsection (1), the official authorized under subsection 128 (8) may

authorize a temporary change of the commencement or end of the part of the high

occupancy vehicle lane

that is

within the designated construction zone, and any such change shall not become

effective until the highway or portion of it affected is signed in accordance

with the regulations.

Section 184 of the Act is repealed and the following substituted:

Defacing

or removing notices or obstructions

Every

person who wilfully removes, defaces, alters or in any manner interferes with

any sign, traffic control device, light, notice, obstruction, barricade, detour

sign, gantry or sign post lawfully placed on a highway under this or any Act is

guilty of an offence and on conviction is liable to a fine of not less than $200

and not more than $1,000 or to imprisonment for a term of not more than six

months, or to both.

Section 186 of the Act is amended by adding the following subsection:

Same

(4) Where

a construction zone designated under subsection 128 (8.1) includes a portion of

a highway governed by a by-law passed under subsection (1), signs required by

subsection (3) may instead be ground-mounted.

(1) Subsection 191.8 (2) of the Act is amended by striking out

“Lieutenant Governor in Council” in the portion before clause (

a) and

substituting “Minister”.

(2) Clause

191.8 (2) (

b) of the Act is amended by adding “governing” at the beginning.

(3) Section

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

Same

(2.1) A

regulation made under subsection (2) may provide that a provision of the

regulation that permits the operation of off-road vehicles on a highway or part

of a highway does not apply with respect to a highway or part of a highway that

is under the jurisdiction of a municipality if the municipality has by by-law

prohibited such operation.

(4) Clause

191.8 (3) (

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

(

a) permitting

the operation of off-road vehicles with three or more wheels, or prohibiting

the operation of off-road vehicles on any highway within the municipality that

is under the jurisdiction of the municipality, or on any part or parts of such

highway;

(5) Subsection

191.8 (4) of the Act is repealed and the following substituted:

By-laws

may regulate times of operation

(4) A

by-law passed under subsection (3) may apply only during specified times.

The French version of subsection 205.7 (2) of the Act is amended by striking

out “à sa face même” and substituting “à première vue”.

The French version of subsection 205.11 (2) of the Act is amended by striking

out “à sa face même” and substituting “à première vue”.

(1) The French version of clause 205.24 (1) (

b) of the Act is

amended by striking out “soit d’un emprisonnement, ou une ordonnance de

probation ne peut être rendue” at the beginning and substituting “soit d’un

emprisonnement et une ordonnance de probation ne peut être rendue contre lui”.

(2) The

French version of subsection 205.24 (2) of the Act is amended by striking out

“passible d’emprisonnement ou une ordonnance de probation ne peut être rendue”

and substituting “passible d’emprisonnement et une ordonnance de probation ne

peut être rendue contre lui”.

(1) Subsection 220 (1) of the Act is amended,

(

a) by

striking out “section 253, 254 or 255” and substituting “section 320.14 or

320.15”; and

(

b) by

striking out “section 252” and substituting “section 320.16”.

(2) Subsection

220 (2) of the Act is amended by striking out “section 252” wherever it appears

and substituting in each case “section 320.16”.

The French version of subsection 223 (1) of the Act is amended by striking out

“de constable” and substituting “d’agent de police”.

Consequential

amendments

Civil

Remedies Act, 2001

Clause (

a) of the definition of “vehicular unlawful activity” in

section 11.1

of the Civil Remedies Act, 2001 is amended by

striking out “section 253, 254 or 255” and substituting “section 320.14 or

320.15 or a predecessor to those sections”.

Off-Road

Vehicles Act

(1) Subsection 5 (7) of the Off-Road Vehicles

Act is amended by striking out “Lieutenant Governor in Council” in the

portion before clause (

a) and substituting “Minister”.

(2) Section

23 of the Act is amended by striking out “Lieutenant Governor in Council” in

the portion before clause (

a) and substituting “Minister”.

Victims’

Bill of Rights, 1995

Subsection 5 (2) of the Victims’ Bill of Rights, 1995 ,

is amended by adding the following clause:

(a.1) the

portion, if any, prescribed under

section 21.1 of the Highway

Traffic Act of an administrative penalty as a portion to be credited to

the account;

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

force on the day the Getting Ontario Moving Act (Transportation

Statute Law Amendment), 2019 receives Royal Assent.

(2) Sections 1, 4, 7 to 11, subsection

12 (2), sections 13 to 22, 25 to 28, 32, 34, 38 and 41 come into force on a day

to be named by proclamation of the Lieutenant Governor.

(3) Sections 5, 6 and 42 come

into force on the day

section 9 of

Schedule 2 to the Fighting

Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into

force.

Schedule 2

Insurance Act

Clause 267.12 (4) (

c) of the Insurance Act is

amended by adding “unless the lessor or lessors of the motor vehicle and the

lessee are dealing with each other at arm’s length” at the end.

Commencement

This

Schedule comes into force on the day the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 receives

Royal Assent.

Schedule 3

Metrolinx Act, 2006

(1) Subsection 1 (1) of the Metrolinx Act, 2006

is amended by adding the following definition:

“agencies”,

in relation to the City of Toronto, means,

(

a) every

local board as defined in subsection 3 (1) of the City of

Toronto Act, 2006 , including, for greater certainty, the Toronto Transit

Commission, and

(

b) every

corporation established by the City of Toronto under

section 148 of the City of Toronto Act, 2006 , and every secondary

corporation as defined in subsection 148 (4) of that Act; (“organismes”)

(2) The

definition of “regional transit system” in subsection 1 (1) of the Act is

amended by striking out “and” at the end of clause (a.1), by adding “and” at

the end of clause (

b) and by adding the following clause:

(

c) a

rapid transit project that is the sole responsibility of the Corporation under

subsection 46 (1);

Sections 47 to 50 of the Act are repealed and the following substituted:

Interim

Measures — Upload of Rapid Transit Projects

Sole

Responsibility Project

Sole

responsibility project

(1) The

Lieutenant Governor in Council may, by regulation, prescribe a project to

design, develop and construct rapid transit or an extension to rapid transit as

a rapid transit project that is the sole responsibility of the Corporation.

Prohibition,

City of Toronto and its agencies

(2) The

City of Toronto and its agencies shall not design, develop, construct or work

on, or cause design, development, construction or work on,

(

a) a

rapid transit project that is the sole responsibility of the Corporation; or

(

b) a

rapid transit project that is substantially similar and in close proximity to a

rapid transit project that is the sole responsibility of the Corporation.

Minister’s

authorization

(3) Despite

subsection (2), the Minister may authorize the City of Toronto and its agencies

to do design, development, construction or work described in subsection (2).

Transfer

of assets, etc., to Corporation

(1) The

Lieutenant Governor in Council may, by order, transfer to the Corporation, with

or without compensation, all or some of the City of Toronto’s and its agencies’

assets, liabilities, rights and obligations with respect to a project

prescribed as a rapid transit project that is the sole responsibility of the

Corporation, including intellectual property, contractual rights, interests,

approvals, registrations and entitlements, originals or copies of reports,

documents and data, and any other real or personal property.

Preliminary

review of contracts, etc.

(2) For

the purpose of preparing an order under subsection (1), the Minister may order

the City of Toronto and its agencies to provide the Minister with copies of

contracts and other documents as well as copies of reports and data.

Taking

possession

(3) The

City of Toronto and its agencies shall take all such actions as are necessary

and practicable to give the Corporation possession of property transferred

under subsection (1), except in any case in which the Corporation and the City

of Toronto or the agency, as the case may be, agree otherwise.

change of control

(4) For

the purpose of a provision of an agreement concerning a change of control over

an asset, liability, right or obligation of the City of Toronto or its

agencies, a transfer under subsection (1) is deemed not to constitute a change

of control.

breach, etc.

(5) A

transfer under subsection (1),

(

a) is

deemed not to constitute a breach, termination, repudiation or frustration of

any contract, including a contract of employment or insurance;

(

b) is

deemed not to constitute a breach of any Act, regulation or municipal by-law;

(

c) is

deemed not to constitute an event of default or force majeure;

(

d) is

deemed not to give rise to a breach, termination, repudiation or frustration of

any licence, permit or other right;

(

e) is

deemed not to give rise to any right to terminate or repudiate a contract,

licence, permit or other right; and

(

f) is

deemed not to give rise to any estoppel.

new cause of action

(6) A

transfer under subsection (1) does not create any new cause of action in favour

of,

(

a) a

holder of a debt instrument that was issued by the City of Toronto or its

agencies; or

(

b) a

party to a contract with the City of Toronto or its agencies that was entered

into before the transfer.

Transfer

binding

(7) A

transfer under subsection (1) is binding on the Corporation, the City of

Toronto and its agencies and all other persons, and if an obligation of a

person to the City of Toronto or its agencies is transferred to the

Corporation, the obligation continues and the obligation is to the Corporation,

despite any requirement under any other Act or the common law, including a

requirement for consent, notice or registration.

expropriation or injurious affection

(8) A

transfer under subsection (1) does not constitute an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Regulations

(9) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

contracts to which subsections (5) and (6) do not apply;

(

b) prescribing

Acts that do not apply to a transfer under subsection (1).

Direction

and Approval Project

Direction

and approval project

The

Lieutenant Governor in Council may, by regulation,

(

a) prescribe

a project to design, develop and construct rapid transit or an extension to

rapid transit as a rapid transit project that is subject to the Minister’s

direction; and

(

b) require

that a specified decision with respect to the project be subject to the

Minister’s approval.

Minister’s

direction

(1) The

Minister may issue directives in writing to the City of Toronto and its

agencies in respect of a rapid transit project that is subject to the

Minister’s direction.

Implementation

(2) The

City of Toronto and its agencies shall comply with the directives.

Directive

not a regulation

(3) A

directive is not a regulation within the meaning of

Part III (Regulations) of

the Legislation Act, 2006 .

Minister’s

approval

(1) The

City of Toronto and its agencies shall not make a decision that is prescribed

under clause 48 (

b) as subject to the Minister’s approval, or take any action

that would arise from making such a decision, unless the decision is approved

by the Minister.

Conditions

on approval

(2) The

Minister may impose conditions on an approval and the City of Toronto or

agency, as the case may be, shall only make the decision if they also comply

with the conditions.

Cause of Action

cause of action

(1) No

cause of action arises against the persons or entities described in subsection

(2) in respect of,

(

a) the

enactment of

section 2 of

Schedule 3 to the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 or the

making of a regulation under subsection 46 (1), 47 (9) or

section 48 of this

Act;

(

b) the

authorizing of design, development, construction or work under subsection 46

(3) or the refusing to authorize design, development, construction or work

under that subsection;

(

c) the

making of an order under subsection 47 (1) or (2);

(

d) the

granting of an approval under a regulation made under clause 48 (

b) or the

refusing to grant an approval under a regulation made under that clause;

(

e) the

issuing of a directive under subsection 49 (1);

(

f) the

imposing of a condition on an approval under subsection 50 (2); or

(

g) anything

done as required by subsection 47 (3) or subsection 49 (2).

Persons

or entities

(2) The

persons and entities referred to in subsection (1) are,

(

a) the

Crown, any current or former member of the Executive Council and any current or

former employee or agent of or adviser to the Crown;

(

b) the

Corporation, any current or former member of the Corporation and any current or

former employee or agent of or adviser to the Corporation;

(

c) the

City of Toronto, any current or former member of the City of Toronto city

council and any current or former employee or agent of or adviser to the City

of Toronto; and

(

d) the

City of Toronto’s agencies, any current or former board member of the agencies

and any current or former employee or agent of or adviser to the agencies.

Proceedings

barred

(3) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, tort, misfeasance, bad faith, trust or fiduciary

obligation, and any remedy under any statute, that is based on a cause of

action described in subsection (1) may be brought or maintained against the

persons or entities described in subsection (2).

Application

(4) Subsection

(3) applies to any action or other proceeding claiming any remedy or relief,

including specific performance, injunction, declaratory relief, any form of

compensation or damages, or any other remedy or relief, and includes a

proceeding to enforce a judgment or order made by a court or tribunal outside

of Canada.

Retrospective

effect

(5) Subsections

(3) and (4) apply regardless of whether the cause of action on which the

proceeding is purportedly based arose before, on or after the day

section 2 of

Schedule 3 to the Getting Ontario Moving Act

(Transportation Statute Law Amendment), 2019 came into force.

Proceedings

set aside

(6) Any

proceeding referred to in subsection (3) or (4) commenced before the day this

subsection came into force shall be deemed to have been dismissed, without

costs, on the day

section 2 of

Schedule 3 to the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 came

into force.

expropriation or injurious affection

(7) No

making of a regulation under subsection 46 (1), 47 (9) or

section 48 and

nothing described in clauses (1) (

b) to (

f) constitutes an expropriation or

injurious affection for the purposes of the Expropriations

Act or otherwise at law.

Commencement

This

Schedule comes into force on the day the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 receives

Royal Assent.

Schedule 4

Photo Card Act, 2008

(1) The

definitions of “basic photo card, “combined photo card” and

“enhanced photo card” in

section 1 of the Photo Card Act,

2008 are repealed.

(2) The

definition of “photo card” in

section 1 of the Act is repealed and the

following substituted:

“photo

card” means a card issued under this Act that has on it the holder’s name and

photograph and additional information about the holder that may be prescribed; (“carte-photo”)

(1) Subsection 3 (1) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Photo

cards

(1) The

Minister may issue a photo card to an individual who,

. . . .

(2) Subsection

3 (2) of the Act is repealed.

Section 4 of the Act is repealed.

Clause 8 (

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

(

b) may

require different fees for different circumstances and different classes of

applicants and holders of photo cards.

Subsection 9 (3) of the Act is repealed.

Subsection 11 (1) of the Act is amended by striking out “subsection 4 (4) or”.

Paragraph 6 of subsection 12 (5) of the Act is repealed.

Subsection 13 (2) of the Act is amended by striking out “other than a combined

photo card” at the end.

Clause 23 (

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

(

b) prescribing

additional information about the holder that may be included on a photo card;

Section 24 of the Act is repealed and the following substituted:

Transition

— Getting Ontario Moving Act (Transportation Statute Law

Amendment), 2019

enhanced photo card or a combined photo card that was issued under this Act

before the day subsection 1 (1) of

Schedule 4 to the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 came

into force, and was valid immediately before that day, continues to be valid

until the card expires or is cancelled under this Act, but cannot be renewed,

replaced or revised on or after that day.

Commencement

This

Schedule comes into force on the day the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 receives

Royal Assent.

Schedule 5

Public Transportation and Highway Improvement Act

Section 1 of the Public Transportation and Highway

Improvement Act is amended by adding the following

definitions:

“grading”

means configuring the surface of the land by removing, adding or moving

material, whether earthen or otherwise; (“nivellement”)

“structure”

includes any above or below ground installation or infrastructure;

(“structure”)

Clause 34 (2) (

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

(

a) place,

erect or alter any building, fence, gasoline pump or other structure or any

road, or perform any grading upon or within 45 metres of any limit of the

King’s Highway or upon or within 180 metres of the centre point of an

intersection;

The French version of subsection 36 (4) of the Act is amended by adding “faite

en vertu du présent article” after “La désignation” at the beginning.

Clause 38 (2) (

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

(

a) place,

erect or alter any building, fence, gasoline pump or other structure or any

road, or perform any grading upon or within 45 metres of any limit of a

controlled-access highway or upon or within 395 metres of the centre point of

an intersection;

Commencement

This

Schedule comes into force on the day the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 receives

Royal Assent.

Schedule 6

SHOrtline railways Act, 1995

The definition of “railway” in

section 1 of the Shortline

Railways Act, 1995 is repealed and the following substituted:

“railway”

means a rail service, including the rolling stock that operates on a railway

line; (“chemin de fer”)

Section 5 of the Act is amended by adding the following subsections:

Condition

to provide operational information

(3.1) It

is a condition of every licence that the licensee provide operational

information on a form approved by the registrar no later than,

(

a) the

third anniversary of the issuance of the licence and no later than every three

years thereafter; or

(

b) in

the case of a shortline railway licensed prior to the day the Getting Ontario Moving Act (Transportation Statute Law

Amendment), 2019 received Royal Assent, the first anniversary of the day

the Getting Ontario Moving Act (Transportation Statute Law

Amendment), 2019 received Royal Assent and no later than every three

years thereafter.

Change

of conditions

(3.2) The

registrar may, at any time and in respect of any licence, add, vary, amend or

revoke any condition to which the licence is subject.

Notice

(3.3) The

registrar shall not exercise any power under subsection (3.2) until he or she

has given the licensee notice of intention to exercise the power and has

afforded the licensee a reasonable opportunity to make written submissions.

Written

submissions

(3.4) A

shortline railway may, no later than 30 days after being notified under

subsection (3.3), submit to the registrar documents, records and written

submissions that may show cause why the registrar should not add, vary, amend

or revoke a condition or limitation to which the licence is subject.

Decision

of registrar

(3.5) Upon

the expiration of the 30 day period referred to in subsection (3.4) and

consideration of any documents, records and submissions submitted under that

subsection, the registrar shall maintain, add, vary, amend or revoke the

conditions.

Section 6 of the Act is amended by striking out “or” at the end of clause (

b) and by adding the following clauses:

(

d) the

corporate officers of the licensee change; or

(

e) the

services provided by the shortline railway change or are discontinued.

(1) Subsection 8 (1) of the Act is amended by striking out “or” at

the end of clause (a), by adding “or” at the end of clause (

b) and by adding

the following clause:

(

c) by

fax or electronic mail to the last fax number or electronic mail address shown

on the records of the registrar.

(2) Subsection

8 (3) of the Act is amended by adding “or the day after it is sent under clause

1 (c)” at the end.

Sections 10 and 12 of the Act are repealed.

(1) Subsection 15 (1) of the Act is amended by striking out

“shortline railways and shortline railway companies” at the end and substituting

“shortline railways, railway lines on which shortline railways operate and

shortline railway companies”.

(2) Subsection

15 (2) of the Act is amended by striking out “shortline railways and shortline

railway companies” and substituting “shortline railways, railway lines on which

shortline railways operate and shortline railway companies”.

Commencement

This

Schedule comes into force on the day the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 receives

Royal Assent.

Bill 107 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE

Highway Traffic Act

Numerous

amendments are made to the Highway Traffic Act

respecting road safety and other matters. Some highlights are as follows:

1. Driving

instructors are required to have a blood alcohol concentration of zero and to

have no drugs in their body while providing driving instruction. A police

officer may demand that a driving instructor provide a sample of breath or oral

fluid for analysis by the appropriate equipment.

Section

21.1 of the Act provides for a system of administrative penalties. Amendments

are made in respect of the involvement in that system of municipalities or

persons employed by municipalities.

3. Currently,

the Act states that when a sentence is being imposed for careless driving the

court may consider as an aggravating factor whether bodily harm was caused to a

person who was vulnerable, including a pedestrian or cyclist. The Act is

amended to refer to persons working upon the highway in addition to pedestrians

and cyclists.

4. The

fines for the contravention of certain provisions regarding unnecessary slow

driving, slow vehicles failing to travel on the right side and overtaking and

passing are increased to be not less than $150 and not more than $1,000.

5. Various

amendments are made regarding restricted-use lanes on highways to permit the

beginning and end of such lanes to be temporarily changed when the lanes are

within a construction zone, and providing for the posting of signs to indicate

the change.

6. Currently

the Act allows regulations and municipal by-laws to be made permitting the

operation of off-road vehicles. The Act is amended to specify that such

regulations and by-laws may also prohibit the operation of off-road vehicles.

7. Several

changes are made to the Act to reflect changes made to the Criminal Code (Canada).

Schedule

Insurance Act

Section

267.12 of the Insurance Act , which limits the

liability of a lessor of a motor vehicle, is amended to provide that the

limitation does not apply with respect to certain vehicles unless the lessor or

lessors of the vehicle and the lessee are dealing with each other at arm’s

length.

Schedule

Metrolinx Act, 2006

The

Schedule amends the Metrolinx Act, 2006 . The

amendments include the following:

Sole

responsibility project

The

Lieutenant Governor in Council may prescribe a rapid transit design,

development or construction project as a rapid transit project that is the sole

responsibility of Metrolinx. If a rapid transit project is the sole

responsibility of Metrolinx, the City of Toronto and its agencies cannot take

further action on that project. The Lieutenant Governor in Council may transfer

to Metrolinx the assets, liabilities, rights and obligations related to that

project.

Direction

and approval project

The

Lieutenant Governor in Council may prescribe a rapid transit design,

development or construction project as a rapid transit project that is subject

to the Minister’s direction. If a rapid transit project is subject to the

Minister’s direction, the Minister may issue directives to the City of Toronto

and its agencies about that project. Also, the Lieutenant Governor in Council may

require that a specified decision about the project be subject to the

Minister’s approval.

Schedule

Photo Card Act, 2008

Currently,

the Photo Card Act, 2008 provides for the issuance

and use of three types of photo cards: basic photo cards, enhanced photo cards

and combined photo cards. The Act is amended to provide that only one type of

card may be issued and used.

Schedule

Public Transportation and Highway Improvement Act

The

Public Transportation and Highway Improvement Act

is amended to add

definitions of the terms “grading” and “structure”. The Act

is also amended to provide that earth grading activities in certain

circumstances require a permit from the Minister.

Schedule

SHOrtline railways Act, 1995

The

Schedule amends the Shortline Railways Act, 1995 . A

shortline railway is a railway operated only in Ontario and not under federal

jurisdiction, other than urban rail transit systems and railways entirely

within industrial sites and mines. The

Schedule amends the definition of

“railway” to provide that “railway” means a rail service, including the rolling

stock that operates on the railway line.

The

Schedule authorizes the registrar of shortline railways to add, vary, amend or

revoke conditions on shortline railway licences at any time, with a process for

notice and submissions. It makes it a condition of every licence to provide

operational information on a regular basis. It requires shortline railways to

notify the registrar of any changes to the corporate officers of the shortline

railway and of any changes to the services provided by the shortline railway.

Currently,

the Act requires a shortline railway that intends to discontinue a railway line

to go through a process that includes advertising the intended discontinuance

and seeking purchasers; if no private purchase occurs, the shortline railway

must offer to sell to the Government of Ontario at salvage value. The

Schedule

repeals these requirements.

The

Schedule also permits the registrar to provide certain notices by fax or email.

Bill 107 2019

An Act to amend the

Highway Traffic Act and various other statutes in respect of transportation -related matters

Contents

of this Act

Commencement

Short

title

Schedule 1

Highway

Traffic Act

Schedule 2

Insurance

Act

Schedule 3

Metrolinx

Act, 2006

Schedule 4

Photo

Card Act, 2008

Schedule 5

Public

Transportation and Highway Improvement Act

Schedule 6

Shortline

Railways Act, 1995

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of

this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 .

SCHEDULE 1

Highway Traffic Act

The following provisions of the Highway Traffic Act

are amended by striking out “section 254” wherever it appears and substituting

in each case “section 320.27 or 320.28”:

1. Subsections

48 (1), (2), (3) and (6.1).

2. Subsection

48.0.2 (1).

3. Subsection

48.0.3 (1).

4. Subsection

48.0.4 (1).

5. Subsections

48.1 (4) and (6.1).

6. Subsections

48.2 (1), (2) and (3.1).

7. Subsections

48.2.1 (5), (6) and (8).

8. Subsections

48.2.2 (5), (6) and (8).

9. Paragraph

2 of subsection 48.3 (3).

The French version of the following provisions of the Act are amended by

striking out “ni d’une audience” wherever it occurs and substituting in each

case “ni du droit d'être entendu”:

1. Subsection

41.4 (13).

2. Subsection

48 (9).

3. Subsection

48.1 (8.1).

4. Subsection

48.2.1 (16).

5. Subsection

48.2.2 (14).

6. Subsection

48.4 (13).

7. Subsection

55.2 (13).

8. Subsection

172 (13).

Subsection 1 (8) of the Act is repealed and the following substituted:

Calculation

of days

(8) Where

a suspension or impoundment is imposed under this Act, the period of the suspension

or impoundment may be determined by counting 24 hours for each day.

Section 1.3 of the Act is repealed.

Clause 5 (1) (

i) of the Act is amended by adding “including an administrative

penalty” after “under this Act”.

(1) The French version of subsection 21.1 (6) of the Act is amended

by striking out “Nul n’a droit à une audience” and substituting “Nul n’a le

droit d’être entendu”.

(2) Subsection

21.1 (9) of the Act is repealed and the following substituted:

Parties

to judicial review

(9) The

parties to any judicial review brought in respect of this

section are,

(

a) the

person subject to the order imposing an administrative penalty;

(

b) the

Registrar; and

(

c) where

applicable, the municipality that employed the prescribed authorized person who

imposed the administrative penalty under subsection (2) and the municipality

that employed the person prescribed for the purpose of subsection (7).

(3) Clause

21.1 (14) (

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

(

i) governing

the payment of penalties, including requiring that a penalty be paid before a

specified deadline, and authorizing the Registrar or a prescribed person to

approve a plan of periodic payments that extends beyond the deadline, and

prescribing such persons;

(4) Subsection

21.1 (14) of the Act is amended by adding the following clause:

(k.1) governing

whether a prescribed portion of a penalty paid shall be credited to the

victims’ justice fund account continued under subsection 5 (1) of the Victims’ Bill of Rights, 1995 ;

(5) Subclause

21.1 (14) (m) (iv) of the Act is repealed and the following substituted:

(iv) prescribing

fees to be paid to commence an appeal or providing that the fees may be

established by the municipality that employs the person prescribed for the

purpose of subsection (7), and

(6) Subsection

21.1 (14) of the Act is amended by adding the following clauses:

(

n) where

municipalities or persons employed by municipalities are prescribed under

clause (

a) or (d), governing the manner and means by which the municipalities

may do anything to give effect to this section, including impose a penalty,

conduct an appeal, collect payments and provide information to the Ministry;

(

o) providing

for anything necessary or advisable for carrying out the intent and purposes of

this section.

(1) Clause 41 (1) (

b) of the Act is amended by striking out “section

249, 249.1, 249.2, 249.3, 249.4 or 252” and substituting “section 320.13,

320.16 or 320.17”.

(2) Clause

41 (1) (b.1) of the Act is repealed.

(3) Clause

41 (1) (

c) of the Act is amended by striking out “section 254” in the portion

before subclause (

i) and substituting “section 320.14 or 320.15”.

(4) Section

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

Interpretation

(9) Where

a conviction is made under the Criminal Code

(Canada) in relation to an offence set out in subsection (1) or

section 42, and

that conviction is reported to the Ministry without a

section number or as

having taken place under

section 320.19, 320.2, 320.21 or 320.24 of the Criminal Code (Canada), the conviction shall be treated

as if it were made and reported under the applicable provision of the Criminal Code (Canada) set out in subsection (1) or

section 42.

Subsection 42 (1) of the Act is amended by striking out “subsection 259 (4)” in

the portion before clause (

a) and substituting “section 320.18”.

(1) Subsection 43 (1) of the Act is amended by striking out “section

259” and substituting “section 320.24”.

(2) Subsection

43 (2) of the Act is repealed and the following substituted:

Expanded

meaning of order

(2) For

the purposes of subsection (1),

“an

order made under

section 320.24 of the Criminal Code

(Canada)” includes an order made under a

section of the Criminal

Code (Canada) referred to in a predecessor to this section.

Subsection 44 (1) of the Act is amended by striking out “section 259” and

substituting “section 320.24”.

(1) Subsection 44.2 (8) of the Act is repealed and the following

substituted:

Regulations

(8) The

Lieutenant Governor in Council may make regulations governing the suspension or

cancellation of drivers’ licences of novice drivers or the change in respect of

their class for the purpose of subsection (5).

(2) The

definition of “approved drug screening equipment” in subsection 44.2 (10) of

the Act is repealed and the following substituted:

“approved

drug screening equipment” means drug screening equipment that is designed to

ascertain the presence of a drug in a person’s body and that is prescribed by

or approved under the Criminal Code (Canada); (“matériel

de détection des drogues approuvé”)

(1) The French version of subsection 46 (1) of the Act is repealed

and the following substituted:

Amende

impayée

(1) Le

présent

article s’applique si une amende est imposée à la suite d’une

déclaration de culpabilité à l’égard d’une infraction et que l’infraction

est :

a) prévue

à la présente loi ou aux règlements;

b) prévue

à une autre loi figurant à l’annexe du présent

article ou aux règlements pris

en vertu de cette loi;

b.1) prévue

au paragraphe 12 (1) de la Loi de 2017 sur le contrôle du

cannabis ;

c) prévue

à l’alinéa 17 (1)

a) ou au paragraphe 24 (1) de la Loi de

1997 sur la protection du poisson et de la faune ;

d) prévue

au paragraphe 32 (1) de la

Loi sur les permis d’alcool ;

d.1) prévue

à l’alinéa 17.1 (1)

a) de la Loi de 2017 favorisant un

Ontario sans fumée ;

e) commise

avec un véhicule à moteur contrairement à l’article 249, 249.1, 249.2, 249.3,

249.4, 252, 253, 254, 255 ou 259 du Code criminel

(Canada).

(2) Clause

46 (1) (

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

(

e) that

was committed under a

section of the Criminal Code

(Canada) referred to in

section 41, 42 or 43.

The definition of “vessel” in subsection 48 (18) of the Act is amended by

striking out “section 214” and substituting “section 320.11”.

Paragraph 1 of subsection 48.0.1 (2) of the Act is amended by striking out

“paragraph 254 (2) (a)” and substituting “section 320.27”.

The definition of “approved drug screening equipment” in subsection 48.0.2

(8) of the Act is repealed and the following substituted:

“approved

drug screening equipment” has the same meaning as in

section 44.2; (“matériel

de détection des drogues approuvé”)

The definition of “approved drug screening equipment” in subsection 48.0.3

(9) of the Act is repealed and the following substituted:

“approved

drug screening equipment” has the same meaning as in

section 44.2; (“matériel

de détection des drogues approuvé”)

The definition of “approved drug screening equipment” in subsection 48.0.4

(7) of the Act is repealed and the following substituted:

“approved

drug screening equipment” has the same meaning as in

section 44.2.

(1) Paragraph 1 of subsection 48.3 (3) of the Act is repealed and

the following substituted:

1. The

person is shown, by an analysis of breath or blood taken pursuant to a demand

made under

section 320.27 or 320.28 of the Criminal

Code (Canada) or pursuant to judicial authorization under the Criminal Code (Canada), to have a concentration of

alcohol in his or her blood of 80 milligrams or more in 100 millilitres of

blood.

(2) The

definition of “vessel” in subsection 48.3 (16) of the Act is amended by

striking out “section 214” and substituting “section 320.11”.

(1) Paragraph 1 of subsection 48.3.1 (2) of the Act is amended by

striking out “subsection 254 (3.1)” and substituting “subsection 320.28 (2)”.

(2) Subsection

48.3.1 (6) of the Act is amended by striking out “subsection 254 (3.1)” and

substituting “subsection 320.28 (2)”.

(3) The

definition of “evaluating officer” in subsection 48.3.1 (9) of the Act is

amended by striking out “subsection 254 (1)” and substituting “section 320.11”.

(4) The

definition of “vessel” in subsection 48.3.1 (9) of the Act is amended by

striking out “section 214” and substituting “section 320.11”.

(1) Subclause 50.1 (2) (a) (

i) of the Act is amended by striking out

“section 254 or 256” and substituting “section 320.27 or 320.28”.

(2) Subclause

50.1 (2) (a) (ii) of the Act is amended by striking out “section 254” and

substituting “section 320.27 or 320.28”.

(3) Subclause

50.1 (2) (b) (

i) of the Act is amended by striking out “section 254” and

substituting “subsection 320.28 (2)”.

(4) Subclause

50.1 (2) (b) (ii) of the Act is amended by striking out “section 254” and

substituting “subsection 320.28 (2)”.

(1) Clause 57 (4) (

d) of the Act is amended by striking out

“subsection 259 (1.1)” and substituting “section 320.18”.

(2) Clause

57 (4) (

h) of the Act is amended by striking out “subsection 259 (1.1)” and

substituting “section 320.18”.

(3) Subsection

57 (4.1) of the Act is amended by striking out “subsection 259 (1)” and

substituting “section 320.18”.

The Act is amended by adding the following section:

Driving

instructors shall have zero blood alcohol concentration

58.0.1

(1) Every

driving instructor shall have a blood alcohol concentration of zero, as

indicated by a provincially approved screening device, while providing a

prescribed class of driving instruction for compensation in a motor vehicle on

a highway.

Driving

instructors shall have zero presence of drug

(2) No

driving instructor shall have a drug in his or her body, as indicated by

approved drug screening equipment, while providing a prescribed class of driving

instruction for compensation in a motor vehicle on a highway.