Ontario Bill 197 (43rd Parliament, 1st Session)
Bill 197, 43-1
Ontario — Bills
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Bill 197, Safer Roads and Communities Act, 2024
Sarkaria, Hon. Prabmeet Singh Minister of Transportation
Royal Assent received. Statutes of Ontario 2024,
chapter 21
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Bill 197 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 197 and does not form part of the law.
Bill 197 has been enacted as
Chapter 21 of the Statutes of Ontario, 2024.
The
Bill makes various amendments to the Highway Traffic Act ,
including the following:
1. A
new
section provides for the indefinite suspension of a person’s driver’s
licence if the person is convicted under the Criminal Code
(Canada) of operating a vehicle while impaired and causing the death of another
person.
2. New
sections provide for the suspension of a person’s driver’s licence if the
person is convicted of motor vehicle theft under certain provisions of the
Criminal Code (Canada). The suspension is for 10 years upon a first conviction
and 15 years upon a second conviction, and is an indefinite suspension for a
third or subsequent conviction.
3. Currently
under the Act, a driver’s licence may be administratively suspended for
increasing periods of time if the driver is found to be driving while having a specified
level of alcohol or a drug in their body. The Bill increases the periods of
time from three days to seven days for a first suspension and from seven days
to 14 days for a second suspension.
4. A
regulation-making power is added to permit regulations providing for and
governing the imposition of a condition on a driver’s licence that prohibits
drivers from having alcohol or a drug present in their body.
5. The
Act is amended to make various changes to the rules relating to ministry
enforcement vehicles, such as the rate of speed they may travel and other
matters.
6. Amendments
are made to the penalties imposed for driving in a race or contest, on a bet or
wager or while performing a stunt. The court is given discretion to extend the
period for which a person’s driver’s licence shall be suspended.
7. The
term “power-assisted bicycle” and all related provisions are removed.
8. Regulation-making
powers are added to permit regulations to establish new classes of vehicles and
set out rules respecting such classes.
Bill 197 2024
Act to amend the Highway Traffic Act
Preamble
The Government of Ontario:
upholding Ontario’s status as a world-class leader in road safety.
Is taking action to reduce the number of collisions,
injuries and fatalities on Ontario’s roads by targeting alcohol- and drug-impaired
drivers and those who engage in high-risk driving.
Recognizes
the need to fight vehicle theft to create safer roads and communities.
strengthening the enforcement of commercial vehicle safety.
focused on ensuring everyone can travel safely throughout Ontario.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
(1) The definition of “bicycle” in subsection 1 (1) of the Highway Traffic Act is amended by striking out “a
tricycle, a unicycle and a power-assisted bicycle” and substituting “a tricycle
and a unicycle”.
(2) The
definition of “motor vehicle” in subsection 1 (1) of the Act is amended by
striking out “a power-assisted bicycle”.
(3) The
definition of “power-assisted bicycle” in subsection 1 (1) of the Act is
repealed.
(1) Clause 1.2 (
b) and (
c) of the Act are repealed and the following
substituted:
(
b) exempting
a specified class of vehicles, or drivers, operators, owners or lessees of a
specified class of vehicles, from any provision of this Act or of a regulation,
and prescribing conditions and circumstances for any such exemption, or providing
that any provision of this Act or of a regulation does not apply to a specified
class of vehicles, or drivers, operators, owners or lessees of a specified
class of vehicles, and prescribing conditions and circumstances in which the provision
does not apply;
(
c) defining
“operator” and “owner” for the purposes of regulations made under clause (
a) or
(b);
(
d) authorizing
persons or classes of persons to do or use a thing that is prohibited or
regulated under this Act, the Dangerous Goods
Transportation Act , the Motorized Snow Vehicles Act
or the Off-Road Vehicles Act or to not do or use a
thing that is required or authorized by any of those Acts;
(
e) authorizing
or requiring the Minister or Ministry or any person authorized or required to
do anything under this Act, the Dangerous Goods
Transportation Act , the Motorized Snow Vehicles Act
or the Off-Road Vehicles Act to do anything that is
not authorized or required under any of those Acts or to do anything that is
authorized or required under any of those Acts in a way that is different from
the way it is authorized or required;
(
f) authorizing
police officers to require a driver or operator of a vehicle to stop the
vehicle and surrender documents, requiring persons to carry specified documents
and surrender them upon demand, and otherwise governing the carrying and
surrendering of documents;
(
g) establishing classes of vehicles and
prescribing and governing requirements, qualifications and standards for them,
including,
(
i) governing
their operation,
(ii) prescribing
the duties of owners, operators, drivers and other persons, or any class of
them, with respect to their operation,
(iii) requiring
the use of any equipment or other thing in or on prescribed vehicles, or any
class of them, and governing that use,
(iv) defining classes of
vehicles and including or excluding in the definition, based on a use or uses
to which a vehicle may be put or any other factor, any vehicle or class of
vehicles, including a class of vehicle defined in the Act;
(
h) requiring
owners, operators or drivers of prescribed vehicles, or any class of them, to
carry insurance and governing that insurance, including prescribing the form,
amount, nature, class, provisions and conditions of the insurance and
requirements respecting the evidence of such insurance.
(2) Section
1.2 of the Act is amended by adding the following subsections:
Conflict
(2) In
the event of a conflict between a regulation made under this
section and this
Act, the regulation prevails.
Offence
(3) Every
person who contravenes a regulation made under this
section is guilty of an
offence and on conviction is liable to a fine of not less than $60 and not more
than $2,500.
Subsection 35 (3) of the Act is amended by adding “or officer appointed for
carrying out the provisions of this Act” after “Any police officer” at the
beginning.
Section 38 of the Act is repealed and the following substituted:
Minimum
age to drive motor assisted bicycle
(1) No person under the age of 16 years shall
drive or operate a motor assisted bicycle on a highway.
Same
(2) No
person who is the owner or is in possession or control of a motor assisted
bicycle shall permit a person who is under the age of 16 years to ride on,
drive or operate the motor assisted bicycle on a highway.
5 Subsection 41 (9) of the Act is repealed and
the following substituted:
Interpretation
(9) Where
a conviction is made under the Criminal Code
(Canada) in relation to an offence set out in subsection (1) or 41.0.1 (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 41.0.1 (1) or
section 42.
The Act is amended by adding the following sections:
Suspension
on conviction for causing death
41.0.1
(1) The
driver’s licence of a person who is convicted of an offence under subsection
320.14 (3) 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, is
thereupon suspended indefinitely, subject to early reinstatement under
section
Same
(2) Subsections
41 (5) and (8) apply to this
section with necessary modifications.
The Act is amended by adding the following section:
Suspension
related to theft of a motor vehicle
41.0.2
(1) The
driver’s licence of a person who is convicted of an offence under subsection
333.1 (3) or (4) of the Criminal Code (Canada) is
thereupon suspended,
(
a) on
a first conviction, for 10 years;
(
b) on
a second conviction, for 15 years; and
(
c) on
a third or subsequent conviction, indefinitely.
Notification
(2) The
judge, provincial judge or clerk of the court in which the conviction is made
shall promptly notify the Registrar of the conviction, and the notification to
the Registrar shall provide the person’s name, the particulars of the offence
and, if available, the person’s address, driver’s licence number and date of
birth.
Determining
subsequent conviction
(3) In
determining whether a conviction is a subsequent conviction for the purposes of
subsection (1), the only question to be considered is the sequence of
convictions, and no consideration shall be given to the sequence of commission
of offences or whether any offence occurred before or after any conviction.
10-year
limitation
(4) A
conviction that is more than 10 years after the previous conviction is deemed
to be a first conviction for the purposes of subsection (1).
Exception
(5) Despite
subsections (3) and (4), when the subsequent conviction is within 10 years
after the previous conviction, all previous convictions that were not followed
by a 10-year period without a conviction shall be taken into account for the
purposes of subsection (1).
Judge
to secure possession
(6) Where
a judge or provincial judge convicts a person of an offence described in
subsection (1) and the driver’s licence of the person convicted is suspended by
operation of this section, the judge shall take the driver’s licence and forward
it to the Registrar.
Notice
to be given
(7) Upon
the arraignment of a person accused of an offence described in subsection (1) and
before the court accepts the plea of the person, the clerk or registrar of the
court shall orally give a notice to the person to the following effect:
“ The Highway Traffic Act provides that upon conviction of
the offence with which you are charged, in the circumstances indicated therein,
your driver’s licence shall be suspended for the period prescribed by statute”.
Same
(8) The
suspension of a driver’s licence by operation of this
section shall not be held
to be invalid by reason of failure of the clerk or registrar of the court to
give the notice provided for in subsection (7).
Same
(9) Subsections
41 (5) and (8) apply to this section, with necessary modifications.
Subsection 42 (3) of the Act is amended by striking out “five” and substituting
“10”.
Subsection 43 (1) of the Act is amended by striking out “under subsection 41
(1) or under subsection 42 (1)” and substituting “under subsection 41 (1),
41.0.1 (1) or 42 (1)”.
(1) Clauses 48 (14) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section; and
(2) Paragraph
1 of subsection 48 (15) of the Act is amended by striking out “five” and
substituting “10”.
(3) The
definition of “driver” in subsection 48 (18) of the Act is repealed and the
following substituted:
“driver”
includes a person who has care, charge or control of a motor vehicle while the
vehicle is on or off a highway; (“conducteur”)
(4) The
definition of “motor vehicle” in subsection 48 (18) of the Act is repealed and
the following substituted:
“motor
vehicle” includes a street car, a motorized snow vehicle and any other motor vehicle
within the meaning of
section 2 of the Criminal Code
(Canada); (“véhicule automobile”)
(1) Clauses 48.0.1 (3) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.1 (4) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.0.2 (2) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.2 (3) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.0.3 (2) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.3 (3) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.1 (5) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Section
48.1 of the Act is amended by adding the following subsection:
Same
(5.1) A
previous suspension that took effect more than 10 years before the current
suspension takes effect shall not be taken into account in determining whether
the current suspension is a first, second or subsequent suspension for the
purpose of subsection (5).
(1) Clauses 48.2.1 (10) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Section
48.2.1 of the Act is amended by adding the following subsection:
Same
(11) A
previous suspension that took effect more than 10 years before the current
suspension takes effect shall not be taken into account in determining whether
the current suspension is a first, second or subsequent suspension for the
purpose of subsection (10).
Section 55 of the Act is repealed and the following substituted:
Suspension
on appeal
If a person
whose driver’s licence has been suspended following a conviction commences an
appeal against their conviction and provides the Registrar with notice of the
appeal that is satisfactory to the Registrar, the suspension is stayed until
the appeal is concluded.
(1) Clause 57 (4) (
h) of the Act is amended by adding “at the
commencement of or during a conduct review program or” after “including”.
(2) Subsection
57 (4) of the Act is amended by adding the following clause:
(
l) provide for and govern the imposition of a condition on a
driver’s licence that prohibits a driver from having alcohol or a drug present in
their body, or a prescribed concentration of either, including,
(
i) governing
the procedures for screening drivers for the presence of alcohol or a drug,
(ii) prescribing
the devices or equipment that are approved for the purposes of screening , and
(iii) providing
that any procedure, rule, duty, consequence or other matter described in
section 48.0.2, 48.1 or 48.2.1 may be applied, with or without modifications,
to the imposition of a condition.
(3) Paragraph
2 of subsection 57 (4.2) of the Act is amended by striking out “(b.1) or”.
(4) Subsection
57 (4.2) of the Act is amended by adding the following paragraph:
4. Where
the licence is suspended under subsection 41.0.1 (1) and the suspension has
been in effect for at least 25 years before the reinstatement takes effect.
(5) Section
57 of the Act is amended by adding the following subsection:
Same
(4.3) Where
a court or judge, when sentencing an offender or making a conviction, orders
the imprisonment of the offender, the period referred to in paragraph 3 or 4 of
subsection (4.2) is increased by,
(
a) the
period of imprisonment ordered for the offender; or
(
b) upon
application by the offender, the period of imprisonment served by the offender.
Paragraph 2 of subsection 62 (14.2) of the Act is amended by striking out “or
the Public Vehicles Act ”.
(1) Subsection 64 (2) of the Act is amended by striking out “Every
motorcycle, motor assisted bicycle or power-assisted bicycle” at the beginning
and substituting “Every motorcycle and motor assisted bicycle”.
(2) The
definition of “bicycle” in subsection 64 (4) of the Act is amended by striking
out “unicycle, tricycle or power-assisted bicycle” and substituting “unicycle
or tricycle”.
(1) Subsection 82 (2) of the Act is amended by striking out “that is
not a power-assisted bicycle”.
(2) Subsection
82 (3) of the Act is amended by striking out “that is not a power-assisted
bicycle”.
Section 103.1 of the Act is repealed.
(1) Subsection 104. (2.1) of the Act is amended by striking out
“Subject to subsection 103.1 (2)” at the beginning.
(2) Subsection
104 (2.2) of the Act is amended by striking out “other than a power-assisted
bicycle”.
Clauses 128 (13) (
a) to (
c) of the Act are revoked and the following
substituted:
(
a) a
fire department vehicle while proceeding to a fire or responding to, but not
returning from, a fire alarm or other emergency call;
(
b) a
police department vehicle being used in the lawful performance of a police
officer’s duties;
(
c) an
ambulance while responding to an emergency call or being used to transport a
patient or injured person in an emergency situation; or
(
d) a
ministry vehicle being used by an officer appointed for carrying out the
provisions of this Act in the lawful performance of the officer’s duties.
(1) Subsection 159 (1) of the Act is amended by striking out the
portion before clause (
a) and substituting the following:
Approaching,
following emergency vehicles
Stop
on approach of vehicle with flashing lights or bell or siren sounding
(1) The
driver of a vehicle, upon the approach of an emergency vehicle mentioned in
clause (
a) of the definition of that term, with its bell or siren sounding or
with its lamp producing intermittent flashes of red light or red and blue
light, or upon the approach of a public utility emergency vehicle with its bell
or siren sounding or its lamp producing intermittent flashes of red light,
shall immediately bring such vehicle to a standstill,
. . . .
(2) Clauses
(
a) and (
b) of the definition of “emergency vehicle” in subsection 159 (11) of
the Act are repealed and the following substituted:
(
a) an
ambulance, fire department vehicle, police department vehicle or ministry
vehicle operated by an officer appointed for carrying out the provisions of
this Act,
(
b) public
utility emergency vehicle,
(1) Subsections 172 (2) to (7) of the Act are repealed and the
following substituted:
Fine
or imprisonment
(2) Every
person who contravenes subsection (1) is guilty of an offence and on conviction
is liable to a fine of not less than $2,000 and not more than $10,000 or to
imprisonment for a term of not more than six months, or to both.
Suspension
(3) In
addition to the penalty imposed under subsection (2), the driver’s licence of a
person convicted of a contravention of subsection (1) is suspended,
(
a) on
a first conviction under this section, for a minimum of one year;
(
b) on
a second conviction under this section, for a minimum of three years; and
(
c) on
a third or subsequent conviction under this section, indefinitely.
Reduction
(4) An
indefinite suspension imposed under clause (3) (
c) that was not in relation to
a fourth or subsequent conviction under this
section may be reduced by the
Registrar in the prescribed circumstances.
Discretion
to extend
(5) Where
the court making a conviction under this
section considers it to be proper and
desirable for the protection of the public using the highways, the court may
make an order extending the period of suspension referred to in subsection (3)
to,
(
a) a
period greater than the period required under clause (3) (
a) but not exceeding
three years; or
(
b) a
period greater than the period required under clause (3) (
b) but not exceeding 10
years.
Same
(6) An
order made under subsection (5) does not lessen the duration of the suspension
imposed under clause (3) (
a) or (
b) or affect the duration of an indefinite
suspension imposed under clause (3) (c).
Determining
subsequent conviction
(7) In
determining whether a conviction is a subsequent conviction for the purposes of
subsections (3) and (4), the only question to be considered is the sequence of
convictions and no consideration shall be given to the sequence of commission
of offences or whether any offence occurred before or after any conviction.
10-year
limitation
(7.1) A
conviction that is more than 10 years after the previous conviction is deemed
to be a first conviction for the purposes of subsection (3).
Exception
(7.2) Despite
subsection (7) and (7.1), when the subsequent conviction is within 10 years
after the previous conviction, all previous convictions that were not followed
by a 10-year period without a conviction shall be taken into account for the
purposes of subsections (3) and (4).
Transition
(7.3) Despite
subsections (7.1) and (7.2), a conviction that was more than 10 years before
the date on which subsection 23 (1) of the Safer Roads and
Communities Act, 2024 comes into force shall not be taken into account
for the purpose of subsections (3) and (4).
(2) Clause
172 (23) (
d) of the Act is repealed and the following substituted:
(
d) prescribing
the circumstances in which an indefinite suspension under clause (3) (
c) may be
reduced by the Registrar, and the conditions or requirements that must be
satisfied for reinstatement of the driver’s licence.
Clause 214.1 (7) (
b) of the Act is repealed and the
following substituted:
(
b) the person’s licence shall be suspended
for a period of not more than the maximum period for which the licence would be
suspended under
section
Section 216 of the Act is amended by adding the following subsection:
Definition
(8) In
this section,
“driver”
includes a person who has care, charge or control of a vehicle and includes a
person with care, charge or control of a vehicle that has recently travelled
from or off the highway.
Subsection 219 (1) of the Act is amended by adding “or
section 172” after “or
78.1 (6.1)”.
Subsections 228 (2) to (5) of the Act are repealed.
Sections 1, 3, 7, 8 and 23 of
Schedule 1 to the Moving
Ontarians More Safely Act, 2021 are repealed.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) Sections
1, 2 and 4 to 9, subsections 10 (1) and (2), sections 11 to 15, subsections 17 (1),
(2), (4) and (5) and sections 19 to 22, 25, 26 and 28 to 30 come into force on
a day to be named by proclamation of the Lieutenant Governor.
Short title
The
short title of this Act is the Safer Roads and
Communities Act, 2024 .
Bill 197 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
The
Bill makes various amendments to the Highway Traffic Act ,
including the following:
1. A
new
section provides for the indefinite suspension of a person’s driver’s
licence if the person is convicted under the Criminal Code
(Canada) of operating a vehicle while impaired and causing the death of another
person.
2. New sections provide for the
suspension of a person’s driver’s licence if the person is convicted of motor
vehicle theft under the Criminal Code (Canada) and
the circumstances of the theft included certain factors such as violence,
weapons or the pursuit of financial or material gain. The suspension is for 10
years upon a first conviction and 15 years upon a second conviction, and is an
indefinite suspension for a third or subsequent conviction. Other Criminal Code (Canada) offences may be prescribed by
regulation, and upon conviction, the same periods of suspension would result.
2. New sections provide for the
suspension of a person’s driver’s licence if the person is convicted of motor
vehicle theft under certain provisions of the Criminal Code (Canada). The
suspension is for 10 years upon a first conviction and 15 years upon a second
conviction, and is an indefinite suspension for a third or subsequent
conviction.
3. Currently
under the Act, a driver’s licence may be administratively suspended for
increasing periods of time if the driver is found to be driving while having a specified
level of alcohol or a drug in their body. The Bill increases the periods of
time from three days to seven days for a first suspension and from seven days
to 14 days for a second suspension.
4. A
regulation-making power is added to permit regulations providing for and
governing the imposition of a condition on a driver’s licence that prohibits
drivers from having alcohol or a drug present in their body.
5. The
Act is amended to make various changes to the rules relating to ministry
enforcement vehicles, such as the rate of speed they may travel and other
matters.
6. Amendments
are made to the penalties imposed for driving in a race or contest, on a bet or
wager or while performing a stunt. The court is given discretion to extend the
period for which a person’s driver’s licence shall be suspended.
7. The
term “power-assisted bicycle” and all related provisions are removed.
8. Regulation-making
powers are added to permit regulations to establish new classes of vehicles and
set out rules respecting such classes.
Bill 197 2024
Act to amend the Highway Traffic Act
Preamble
The Government of Ontario:
upholding Ontario’s status as a world-class leader in road safety.
Is taking action to reduce the number of collisions,
injuries and fatalities on Ontario’s roads by targeting alcohol- and drug-impaired
drivers and those who engage in high-risk driving.
Recognizes
the need to fight vehicle theft to create safer roads and communities.
strengthening the enforcement of commercial vehicle safety.
focused on ensuring everyone can travel safely throughout Ontario.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
(1) The definition of “bicycle” in subsection 1 (1) of the Highway Traffic Act is amended by striking out “a
tricycle, a unicycle and a power-assisted bicycle” and substituting “a tricycle
and a unicycle”.
(2) The
definition of “motor vehicle” in subsection 1 (1) of the Act is amended by
striking out “a power-assisted bicycle”.
(3) The
definition of “power-assisted bicycle” in subsection 1 (1) of the Act is
repealed.
(1) Clause 1.2 (
b) and (
c) of the Act are repealed and the following
substituted:
(
b) exempting
a specified class of vehicles, or drivers, operators, owners or lessees of a
specified class of vehicles, from any provision of this Act or of a regulation,
and prescribing conditions and circumstances for any such exemption, or providing
that any provision of this Act or of a regulation does not apply to a specified
class of vehicles, or drivers, operators, owners or lessees of a specified
class of vehicles, and prescribing conditions and circumstances in which the provision
does not apply;
(
c) defining
“operator” and “owner” for the purposes of regulations made under clause (
a) or
(b);
(
d) authorizing
persons or classes of persons to do or use a thing that is prohibited or
regulated under this Act, the Dangerous Goods
Transportation Act , the Motorized Snow Vehicles Act
or the Off-Road Vehicles Act or to not do or use a
thing that is required or authorized by any of those Acts;
(
e) authorizing
or requiring the Minister or Ministry or any person authorized or required to
do anything under this Act, the Dangerous Goods
Transportation Act , the Motorized Snow Vehicles Act
or the Off-Road Vehicles Act to do anything that is
not authorized or required under any of those Acts or to do anything that is
authorized or required under any of those Acts in a way that is different from
the way it is authorized or required;
(
f) authorizing
police officers to require a driver or operator of a vehicle to stop the
vehicle and surrender documents, requiring persons to carry specified documents
and surrender them upon demand, and otherwise governing the carrying and
surrendering of documents;
(
g) establishing classes of vehicles and
prescribing and governing requirements, qualifications and standards for them,
including,
(
i) governing
their operation,
(ii) prescribing
the duties of owners, operators, drivers and other persons, or any class of
them, with respect to their operation,
(iii) requiring
the use of any equipment or other thing in or on prescribed vehicles, or any
class of them, and governing that use,
(iv) defining classes of
vehicles and including or excluding in the definition, based on a use or uses
to which a vehicle may be put or any other factor, any vehicle or class of
vehicles, including a class of vehicle defined in the Act;
(
h) requiring
owners, operators or drivers of prescribed vehicles, or any class of them, to
carry insurance and governing that insurance, including prescribing the form,
amount, nature, class, provisions and conditions of the insurance and
requirements respecting the evidence of such insurance.
(2) Section
1.2 of the Act is amended by adding the following subsections:
Conflict
(2) In
the event of a conflict between a regulation made under this
section and this
Act, the regulation prevails.
Offence
(3) Every
person who contravenes a regulation made under this
section is guilty of an
offence and on conviction is liable to a fine of not less than $60 and not more
than $2,500.
Subsection 35 (3) of the Act is amended by adding “or officer appointed for
carrying out the provisions of this Act” after “Any police officer” at the
beginning.
Section 38 of the Act is repealed and the following substituted:
Minimum
age to drive motor assisted bicycle
(1) No person under the age of 16 years shall
drive or operate a motor assisted bicycle on a highway.
Same
(2) No
person who is the owner or is in possession or control of a motor assisted
bicycle shall permit a person who is under the age of 16 years to ride on,
drive or operate the motor assisted bicycle on a highway.
5 Subsection 41 (9) of the Act is repealed and
the following substituted:
Interpretation
(9) Where
a conviction is made under the Criminal Code
(Canada) in relation to an offence set out in subsection (1) or 41.0.1 (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 41.0.1 (1) or
section 42.
The Act is amended by adding the following sections:
Suspension
on conviction for causing death
41.0.1
(1) The
driver’s licence of a person who is convicted of an offence under subsection
320.14 (3) 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, is
thereupon suspended indefinitely, subject to early reinstatement under
section
Same
(2) Subsections
41 (5) and (8) apply to this
section with necessary modifications.
Suspension related to theft of a motor
vehicle
41.0.2
(1) The driver’s licence of a person who is
convicted of an offence under
section 333.1 of the Criminal
Code (Canada) is thereupon suspended,
(
a) on a first conviction, for 10
years;
(
b) on a second conviction, for 15
years; and
(
c) on a third or subsequent
conviction, indefinitely.
Requirements
(2) The suspension under
subsection (1) applies only where the judge or provincial judge making the
conviction finds as a fact that the circumstances surrounding the commission of
the offence or the manner of the commission of the offence included one or more
of,
(
a) an assault or violence or
intimidation;
(
b) a weapon;
(
c) a threat or implied threat;
(
d) the use of force, including to
enter onto or into any place;
(
e) the pursuit of financial or
material gain; or
(
f) any attempt, plan or preparation
for anything that is described in clauses (
a) to (e).
Notification
(3) The judge or provincial
judge who makes the finding of fact described in subsection (2) shall cause the
clerk of the court in which the conviction is made to promptly notify the
Registrar of the finding, and the notification to the Registrar shall provide the
person’s name, the particulars of the offence, and if available, the person’s
address, driver’s licence number and date of birth.
Same
(4) Subsections 41 (5) and
(8) apply to this
section with necessary modifications.
Determining subsequent conviction
(5) In determining whether a
conviction is a subsequent conviction for the purposes of subsection (1), the
only question to be considered is the sequence of convictions, and no
consideration shall be given to the sequence of commission of offences or
whether any offence occurred before or after any conviction.
10-year limitation
(6) A conviction that is more
than 10 years after the previous conviction is deemed to be a first conviction
for the purposes of subsection (1).
Exception
(7) Despite subsections
(5) and (6), when the subsequent conviction is within 10 years after the previous
conviction, all previous convictions that were not followed by a 10-year period
without a conviction shall be taken into account for the purposes of subsection
(1).
Convictions for prescribed offences
(8) A conviction for an
offence prescribed for the purposes of
section 41.0.3 shall be taken into
account, in accordance with any regulations made under that section, when
considering whether a conviction is a first, second or subsequent conviction for
the purposes of subsection (1) of this section.
Judge to secure possession
(9) Where a judge or
provincial judge convicts a person of an offence under
section 333.1 of the Criminal Code (Canada) and the driver’s licence of the
person convicted is suspended by operation of this section, the judge shall
take the driver’s licence and forward it to the Registrar.
Notice to be given
(10) Upon the arraignment of
a person accused of an offence under
section 333.1 of the Criminal
Code (Canada) and before the court accepts the plea of the person, the
clerk or registrar of the court shall orally give a notice to the person to the
following effect:
“The
Highway Traffic Act provides that upon conviction of the offence with which you
are charged, in the circumstances indicated therein, your driver’s licence
shall be suspended for the period prescribed by statute”.
Same
(11) The suspension of a
driver’s licence by operation of this
section shall not be held to be invalid
by reason of failure of the clerk or registrar of the court to give the notice
provided for in subsection (10).
Appeal
(12) Where an appeal is taken
from a conviction that resulted in a suspension under this section, the court
being appealed to has jurisdiction to consider or reconsider anything found under
this
section and the court being appealed to may cause the Registrar to be
notified accordingly.
Suspension for prescribed offences
41.0.3
(1) Subject to the regulations made under this
section, the driver’s licence of a person who is convicted of a prescribed offence
under the Criminal Code (Canada) is thereupon
suspended,
(
a) on a first conviction, for 10
years;
(
b) on a second conviction, for 15 years;
and
(
c) on a third or subsequent
conviction, indefinitely.
Regulations
(2) The Lieutenant Governor
in Council may make regulations,
(
a) prescribing offences under the Criminal Code (Canada) for the purposes of subsection
(1);
(
b) governing findings of fact that
are required to be made before a court may determine whether the Registrar is
to be notified, including findings in relation to the manner of the commission
of an offence or the circumstances in which the offence was committed;
(
c) governing
the circumstances in which a court shall direct a clerk of the court to notify
the Registrar of a conviction for a prescribed offence;
(
d) governing the circumstances in
which a clerk of the court shall notify the Registrar of a conviction for a
prescribed offence and prescribing information to be included in the notice;
(
e) governing the circumstances in
which a suspension under this
section applies;
(
f) governing
whether a conviction for a prescribed offence is to be considered a first,
second or subsequent conviction for the purposes of subsection (1), and whether
previous suspensions under
section 41.0.2 or this section, or convictions for
an offence under
section 333.1 of the Criminal Code
(Canada) or a prescribed offence, are to be considered;
(
g) governing how a prescribed
offence is to be taken into account for the purposes of subsection 41.0.2 (8).
Same
(3) Subsections 41 (5) and
(8) and 41.0.2 (9) to (12) apply to this
section with necessary modifications.
6.1 The Act is amended by
adding the following section:
Suspension related to theft of a motor
vehicle
41.0.2
(1) The driver’s licence of a person who is
convicted of an offence under subsection 333.1 (3) or (4) of the Criminal Code (Canada) is thereupon suspended,
(
a) on a first conviction, for 10
years;
(
b) on a second conviction, for 15
years; and
(
c) on a third or subsequent
conviction, indefinitely.
Notification
(2) The judge, provincial
judge or clerk of the court in which the conviction is made shall promptly
notify the Registrar of the conviction, and the notification to the Registrar
shall provide the person’s name, the particulars of the offence and, if
available, the person’s address, driver’s licence number and date of birth.
Determining subsequent conviction
(3) In determining whether a
conviction is a subsequent conviction for the purposes of subsection (1), the
only question to be considered is the sequence of convictions, and no
consideration shall be given to the sequence of commission of offences or
whether any offence occurred before or after any conviction.
10-year limitation
(4) A conviction that is more
than 10 years after the previous conviction is deemed to be a first conviction
for the purposes of subsection (1).
Exception
(5) Despite subsections
(3) and (4), when the subsequent conviction is within 10 years after the previous
conviction, all previous convictions that were not followed by a 10-year period
without a conviction shall be taken into account for the purposes of subsection
(1).
Judge to secure possession
(6) Where a judge or
provincial judge convicts a person of an offence described in subsection
(1) and the driver’s licence of the person convicted is suspended by operation of
this section, the judge shall take the driver’s licence and forward it to the
Registrar.
Notice to be given
(7) Upon the arraignment of a
person accused of an offence described in subsection (1) and before the court
accepts the plea of the person, the clerk or registrar of the court shall
orally give a notice to the person to the following effect:
“ The Highway
Traffic Act provides that upon conviction of the offence with which you
are charged, in the circumstances indicated therein, your driver’s licence
shall be suspended for the period prescribed by statute”.
Same
(8) The suspension of a
driver’s licence by operation of this
section shall not be held to be invalid
by reason of failure of the clerk or registrar of the court to give the notice
provided for in subsection (7).
Same
(9) Subsections 41 (5) and
(8) apply to this section, with necessary modifications.
Subsection 42 (3) of the Act is amended by striking out “five” and substituting
“10”.
Subsection 43 (1) of the Act is amended by striking out “under subsection 41
(1) or under subsection 42 (1)” and substituting “under subsection 41 (1),
41.0.1 (1) or 42 (1)”.
(1) Clauses 48 (14) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section; and
(2) Paragraph
1 of subsection 48 (15) of the Act is amended by striking out “five” and
substituting “10”.
(3) The
definition of “driver” in subsection 48 (18) of the Act is repealed and the
following substituted:
“driver”
includes a person who has care, charge or control of a motor vehicle while the
vehicle is on or off a highway; (“conducteur”)
(4) The
definition of “motor vehicle” in subsection 48 (18) of the Act is repealed and
the following substituted:
“motor
vehicle” includes a street car, a motorized snow vehicle and any other motor vehicle
within the meaning of
section 2 of the Criminal Code
(Canada); (“véhicule automobile”)
(1) Clauses 48.0.1 (3) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.1 (4) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.0.2 (2) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.2 (3) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.0.3 (2) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.3 (3) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.1 (5) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Section
48.1 of the Act is amended by adding the following subsection:
Same
(5.1) A
previous suspension that took effect more than 10 years before the current
suspension takes effect shall not be taken into account in determining whether
the current suspension is a first, second or subsequent suspension for the
purpose of subsection (5).
(1) Clauses 48.2.1 (10) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Section
48.2.1 of the Act is amended by adding the following subsection:
Same
(11) A
previous suspension that took effect more than 10 years before the current
suspension takes effect shall not be taken into account in determining whether
the current suspension is a first, second or subsequent suspension for the
purpose of subsection (10).
Section 55 of the Act is repealed and the following substituted:
Suspension
on appeal
If a person
whose driver’s licence has been suspended following a conviction commences an
appeal against their conviction and provides the Registrar with notice of the
appeal that is satisfactory to the Registrar, the suspension is stayed until
the appeal is concluded.
(1) Clause 57 (4) (
h) of the Act is amended by adding “at the
commencement of or during a conduct review program or” after “including”.
(2) Subsection
57 (4) of the Act is amended by adding the following clause:
(
l) provide for and govern the imposition of a condition on a
driver’s licence that prohibits a driver from having alcohol or a drug present in
their body, or a prescribed concentration of either, including,
(
i) governing
the procedures for screening drivers for the presence of alcohol or a drug,
(ii) prescribing
the devices or equipment that are approved for the purposes of screening , and
(iii) providing
that any procedure, rule, duty, consequence or other matter described in
section 48.0.2, 48.1 or 48.2.1 may be applied, with or without modifications,
to the imposition of a condition.
(3) Paragraph
2 of subsection 57 (4.2) of the Act is amended by striking out “(b.1) or”.
(4) Subsection
57 (4.2) of the Act is amended by adding the following paragraph:
4. Where
the licence is suspended under subsection 41.0.1 (1) and the suspension has
been in effect for at least 25 years before the reinstatement takes effect.
(5) Section
57 of the Act is amended by adding the following subsection:
Same
(4.3) Where
a court or judge, when sentencing an offender or making a conviction, orders
the imprisonment of the offender, the period referred to in paragraph 3 or 4 of
subsection (4.2) is increased by,
(
a) the
period of imprisonment ordered for the offender; or
(
b) upon
application by the offender, the period of imprisonment served by the offender.
Paragraph 2 of subsection 62 (14.2) of the Act is amended by striking out “or
the Public Vehicles Act ”.
(1) Subsection 64 (2) of the Act is amended by striking out “Every
motorcycle, motor assisted bicycle or power-assisted bicycle” at the beginning
and substituting “Every motorcycle and motor assisted bicycle”.
(2) The
definition of “bicycle” in subsection 64 (4) of the Act is amended by striking
out “unicycle, tricycle or power-assisted bicycle” and substituting “unicycle
or tricycle”.
(1) Subsection 82 (2) of the Act is amended by striking out “that is
not a power-assisted bicycle”.
(2) Subsection
82 (3) of the Act is amended by striking out “that is not a power-assisted
bicycle”.
Section 103.1 of the Act is repealed.
(1) Subsection 104. (2.1) of the Act is amended by striking out
“Subject to subsection 103.1 (2)” at the beginning.
(2) Subsection
104 (2.2) of the Act is amended by striking out “other than a power-assisted
bicycle”.
Clauses 128 (13) (
a) to (
c) of the Act are revoked and the following
substituted:
(
a) a
fire department vehicle while proceeding to a fire or responding to, but not
returning from, a fire alarm or other emergency call;
(
b) a
police department vehicle being used in the lawful performance of a police
officer’s duties;
(
c) an
ambulance while responding to an emergency call or being used to transport a
patient or injured person in an emergency situation; or
(
d) a
ministry vehicle being used by an officer appointed for carrying out the
provisions of this Act in the lawful performance of the officer’s duties.
(1) Subsection 159 (1) of the Act is amended by striking out the
portion before clause (
a) and substituting the following:
Approaching,
following emergency vehicles
Stop
on approach of vehicle with flashing lights or bell or siren sounding
(1) The
driver of a vehicle, upon the approach of an emergency vehicle mentioned in
clause (
a) of the definition of that term, with its bell or siren sounding or
with its lamp producing intermittent flashes of red light or red and blue
light, or upon the approach of a public utility emergency vehicle with its bell
or siren sounding or its lamp producing intermittent flashes of red light,
shall immediately bring such vehicle to a standstill,
. . . .
(2) Clauses
(
a) and (
b) of the definition of “emergency vehicle” in subsection 159 (11) of
the Act are repealed and the following substituted:
(
a) an
ambulance, fire department vehicle, police department vehicle or ministry
vehicle operated by an officer appointed for carrying out the provisions of
this Act,
(
b) public
utility emergency vehicle,
(1) Subsections 172 (2) to (7) of the Act are repealed and the
following substituted:
Fine
or imprisonment
(2) Every
person who contravenes subsection (1) is guilty of an offence and on conviction
is liable to a fine of not less than $2,000 and not more than $10,000 or to
imprisonment for a term of not more than six months, or to both.
Suspension
(3) In
addition to the penalty imposed under subsection (2), the driver’s licence of a
person convicted of a contravention of subsection (1) is suspended,
(
a) on
a first conviction under this section, for a minimum of one year;
(
b) on
a second conviction under this section, for a minimum of three years; and
(
c) on
a third or subsequent conviction under this section, indefinitely.
Reduction
(4) An
indefinite suspension imposed under clause (3) (
c) that was not in relation to
a fourth or subsequent conviction under this
section may be reduced by the Registrar
in the prescribed circumstances.
Discretion
to extend
(5) Where
the court making a conviction under this
section considers it to be proper and
desirable for the protection of the public using the highways, the court may
make an order extending the period of suspension referred to in subsection (3)
to,
(
a) a
period greater than the period required under clause (3) (
a) but not exceeding
three years; or
(
b) a
period greater than the period required under clause (3) (
b) but not exceeding 10
years.
Same
(6) An
order made under subsection (5) does not lessen the duration of the suspension
imposed under clause (3) (
a) or (
b) or affect the duration of an indefinite
suspension imposed under clause (3) (c).
Determining
subsequent conviction
(7) In
determining whether a conviction is a subsequent conviction for the purposes of
subsections (3) and (4), the only question to be considered is the sequence of
convictions and no consideration shall be given to the sequence of commission
of offences or whether any offence occurred before or after any conviction.
10-year
limitation
(7.1) A
conviction that is more than 10 years after the previous conviction is deemed
to be a first conviction for the purposes of subsection (3).
Exception
(7.2) Despite
subsection (7) and (7.1), when the subsequent conviction is within 10 years
after the previous conviction, all previous convictions that were not followed
by a 10-year period without a conviction shall be taken into account for the
purposes of subsections (3) and (4).
Transition
(7.3) Despite
subsections (7.1) and (7.2), a conviction that was more than 10 years before
the date on which subsection 23 (1) of the Safer Roads and
Communities Act, 2024 comes into force shall not be taken into account
for the purpose of subsections (3) and (4).
(2) Clause
172 (23) (
d) of the Act is repealed and the following substituted:
(
d) prescribing
the circumstances in which an indefinite suspension under clause (3) (
c) may be
reduced by the Registrar, and the conditions or requirements that must be
satisfied for reinstatement of the driver’s licence.
Clause 214.1 (7) (
b) of the Act is repealed and the
following substituted:
(
b) the person’s licence shall be suspended
for a period of not more than the maximum period for which the licence would be
suspended under
section
Section 216 of the Act is amended by adding the following subsection:
Definition
(8) In
this section,
“driver”
includes a person who has care, charge or control of a vehicle and includes a
person with care, charge or control of a vehicle that has recently travelled
from or off the highway.
Subsection 219 (1) of the Act is amended by adding “or
section 172” after “or
78.1 (6.1)”.
Subsections 228 (2) to (5) of the Act are repealed.
Sections 1, 3, 7, 8 and 23 of
Schedule 1 to the Moving
Ontarians More Safely Act, 2021 , are repealed.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) Sections
1, 2 and 4 to 8, subsections 9 (1) and (2), sections 10 to 14, subsections 16 (1),
(2), (4) and (5) and sections 18 to 21, 24, 25 and 27 to 29 come into force on
a day to be named by proclamation of the Lieutenant Governor.
Short title
The
short title of this Act is the Safer Roads and
Communities Act, 2024 .
Bill 197 Original (PDF)
EXPLANATORY
NOTE
The
Bill makes various amendments to the Highway Traffic Act ,
including the following:
1. A
new
section provides for the indefinite suspension of a person’s driver’s
licence if the person is convicted under the Criminal Code
(Canada) of operating a vehicle while impaired and causing the death of another
person.
2. New
sections provide for the suspension of a person’s driver’s licence if the
person is convicted of motor vehicle theft under the Criminal
Code (Canada) and the circumstances of the theft included certain
factors such as violence, weapons or the pursuit of financial or material gain.
The suspension is for 10 years upon a first conviction and 15 years upon a
second conviction, and is an indefinite suspension for a third or subsequent
conviction. Other Criminal Code (Canada) offences
may be prescribed by regulation, and upon conviction, the same periods of
suspension would result.
3. Currently
under the Act, a driver’s licence may be administratively suspended for
increasing periods of time if the driver is found to be driving while having a
specified level of alcohol or a drug in their body. The Bill increases the
periods of time from three days to seven days for a first suspension and from
seven days to 14 days for a second suspension.
4. A
regulation-making power is added to permit regulations providing for and
governing the imposition of a condition on a driver’s licence that prohibits
drivers from having alcohol or a drug present in their body.
5. The
Act is amended to make various changes to the rules relating to ministry
enforcement vehicles, such as the rate of speed they may travel and other
matters.
6. Amendments
are made to the penalties imposed for driving in a race or contest, on a bet or
wager or while performing a stunt. The court is given discretion to extend the
period for which a person’s driver’s licence shall be suspended.
7. The
term “power-assisted bicycle” and all related provisions are removed.
Regulation-making powers are added to permit regulations to establish new
classes of vehicles and set out rules respecting such classes.
Bill 197 2024
Act to amend the Highway Traffic Act
Preamble
The Government of Ontario:
upholding Ontario’s status as a world-class leader in road safety.
Is taking action to reduce the number of
collisions, injuries and fatalities on Ontario’s roads by targeting alcohol-
and drug-impaired drivers and those who engage in high-risk driving.
Recognizes
the need to fight vehicle theft to create safer roads and communities.
strengthening the enforcement of commercial vehicle safety.
focused on ensuring everyone can travel safely throughout Ontario.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
(1) The definition of “bicycle” in subsection 1 (1) of the Highway Traffic Act is amended by striking out “a
tricycle, a unicycle and a power-assisted bicycle” and substituting “a tricycle
and a unicycle”.
(2) The
definition of “motor vehicle” in subsection 1 (1) of the Act is amended by
striking out “a power-assisted bicycle”.
(3) The
definition of “power-assisted bicycle” in subsection 1 (1) of the Act is
repealed.
(1) Clause 1.2 (
b) and (
c) of the Act are repealed and the following
substituted:
(
b) exempting
a specified class of vehicles, or drivers, operators, owners or lessees of a
specified class of vehicles, from any provision of this Act or of a regulation,
and prescribing conditions and circumstances for any such exemption, or
providing that any provision of this Act or of a regulation does not apply to a
specified class of vehicles, or drivers, operators, owners or lessees of a
specified class of vehicles, and prescribing conditions and circumstances in
which the provision does not apply;
(
c) defining
“operator” and “owner” for the purposes of regulations made under clause (
a) or
(b);
(
d) authorizing
persons or classes of persons to do or use a thing that is prohibited or
regulated under this Act, the Dangerous Goods
Transportation Act , the Motorized Snow Vehicles Act
or the Off-Road Vehicles Act or to not do or use a
thing that is required or authorized by any of those Acts;
(
e) authorizing
or requiring the Minister or Ministry or any person authorized or required to
do anything under this Act, the Dangerous Goods
Transportation Act , the Motorized Snow Vehicles Act
or the Off-Road Vehicles Act to do anything that is
not authorized or required under any of those Acts or to do anything that is
authorized or required under any of those Acts in a way that is different from
the way it is authorized or required;
(
f) authorizing
police officers to require a driver or operator of a vehicle to stop the
vehicle and surrender documents, requiring persons to carry specified documents
and surrender them upon demand, and otherwise governing the carrying and
surrendering of documents;
(
g) establishing classes of vehicles and
prescribing and governing requirements, qualifications and standards for them,
including,
(
i) governing
their operation,
(ii) prescribing
the duties of owners, operators, drivers and other persons, or any class of
them, with respect to their operation,
(iii) requiring
the use of any equipment or other thing in or on prescribed vehicles, or any
class of them, and governing that use,
(iv) defining classes of
vehicles and including or excluding in the definition, based on a use or uses
to which a vehicle may be put or any other factor, any vehicle or class of
vehicles, including a class of vehicle defined in the Act;
(
h) requiring
owners, operators or drivers of prescribed vehicles, or any class of them, to
carry insurance and governing that insurance, including prescribing the form,
amount, nature, class, provisions and conditions of the insurance and
requirements respecting the evidence of such insurance.
(2) Section
1.2 of the Act is amended by adding the following subsections:
Conflict
(2) In
the event of a conflict between a regulation made under this
section and this
Act, the regulation prevails.
Offence
(3) Every
person who contravenes a regulation made under this
section is guilty of an
offence and on conviction is liable to a fine of not less than $60 and not more
than $2,500.
Subsection 35 (3) of the Act is amended by adding “or officer appointed for
carrying out the provisions of this Act” after “Any police officer” at the
beginning.
Section 38 of the Act is repealed and the following substituted:
Minimum
age to drive motor assisted bicycle
(1) No person under the age of 16 years shall
drive or operate a motor assisted bicycle on a highway.
Same
(2) No
person who is the owner or is in possession or control of a motor assisted
bicycle shall permit a person who is under the age of 16 years to ride on,
drive or operate the motor assisted bicycle on a highway.
5 Subsection 41 (9) of the Act is repealed and
the following substituted:
Interpretation
(9) Where
a conviction is made under the Criminal Code
(Canada) in relation to an offence set out in subsection (1) or 41.0.1 (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 41.0.1 (1) or
section 42.
The Act is amended by adding the following sections:
Suspension
on conviction for causing death
41.0.1
(1) The
driver’s licence of a person who is convicted of an offence under subsection
320.14 (3) 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, is
thereupon suspended indefinitely, subject to early reinstatement under
section
Same
(2) Subsections
41 (5) and (8) apply to this
section with necessary modifications.
Suspension
related to theft of a motor vehicle
41.0.2
(1) The
driver’s licence of a person who is convicted of an offence under
section 333.1
of the Criminal Code (Canada) is thereupon
suspended,
(
a) on
a first conviction, for 10 years;
(
b) on
a second conviction, for 15 years; and
(
c) on
a third or subsequent conviction, indefinitely.
Requirements
(2) The
suspension under subsection (1) applies only where the judge or provincial
judge making the conviction finds as a fact that the circumstances surrounding
the commission of the offence or the manner of the commission of the offence
included one or more of,
(
a) an
assault or violence or intimidation;
(
b) a
weapon;
(
c) a
threat or implied threat;
(
d) the
use of force, including to enter onto or into any place;
(
e) the
pursuit of financial or material gain; or
(
f) any
attempt, plan or preparation for anything that is described in clauses (
a) to
(e).
Notification
(3) The
judge or provincial judge who makes the finding of fact described in subsection
(2) shall cause the clerk of the court in which the conviction is made to
promptly notify the Registrar of the finding, and the notification to the
Registrar shall provide the person’s name, the particulars of the offence, and
if available, the person’s address, driver’s licence number and date of birth.
Same
(4) Subsections
41 (5) and (8) apply to this
section with necessary modifications.
Determining
subsequent conviction
(5) In
determining whether a conviction is a subsequent conviction for the purposes of
subsection (1), the only question to be considered is the sequence of
convictions, and no consideration shall be given to the sequence of commission
of offences or whether any offence occurred before or after any conviction.
10-year
limitation
(6) A
conviction that is more than 10 years after the previous conviction is deemed
to be a first conviction for the purposes of subsection (1).
Exception
(7) Despite
subsections (5) and (6), when the subsequent conviction is within 10 years
after the previous conviction, all previous convictions that were not followed
by a 10-year period without a conviction shall be taken into account for the purposes
of subsection (1).
Convictions
for prescribed offences
(8) A
conviction for an offence prescribed for the purposes of
section 41.0.3 shall
be taken into account, in accordance with any regulations made under that
section, when considering whether a conviction is a first, second or subsequent
conviction for the purposes of subsection (1) of this section.
Judge
to secure possession
(9) Where
a judge or provincial judge convicts a person of an offence under
section 333.1
of the Criminal Code (Canada) and the driver’s
licence of the person convicted is suspended by operation of this section, the
judge shall take the driver’s licence and forward it to the Registrar.
Notice
to be given
(10) Upon
the arraignment of a person accused of an offence under
section 333.1 of the Criminal Code (Canada) and before the court accepts the
plea of the person, the clerk or registrar of the court shall orally give a
notice to the person to the following effect:
“The Highway Traffic Act provides that upon
conviction of the offence with which you are charged, in the circumstances
indicated therein, your driver’s licence shall be suspended for the period
prescribed by statute”.
Same
(11) The
suspension of a driver’s licence by operation of this
section shall not be held
to be invalid by reason of failure of the clerk or registrar of the court to
give the notice provided for in subsection (10).
Appeal
(12) Where
an appeal is taken from a conviction that resulted in a suspension under this
section, the court being appealed to has jurisdiction to consider or reconsider
anything found under this
section and the court being appealed to may cause the
Registrar to be notified accordingly.
Suspension
for prescribed offences
41.0.3
(1) Subject
to the regulations made under this section, the driver’s licence of a person
who is convicted of a prescribed offence under the Criminal
Code (Canada) is thereupon suspended,
(
a) on
a first conviction, for 10 years;
(
b) on
a second conviction, for 15 years; and
(
c) on
a third or subsequent conviction, indefinitely.
Regulations
(2) The
Lieutenant Governor in Council may make regulations,
(
a) prescribing
offences under the Criminal Code (Canada) for the
purposes of subsection (1);
(
b) governing
findings of fact that are required to be made before a court may determine
whether the Registrar is to be notified, including findings in relation to the
manner of the commission of an offence or the circumstances in which the
offence was committed;
(
c) governing the circumstances in which a
court shall direct a clerk of the court to notify the Registrar of a conviction
for a prescribed offence;
(
d) governing
the circumstances in which a clerk of the court shall notify the Registrar of a
conviction for a prescribed offence and prescribing information to be included
in the notice;
(
e) governing
the circumstances in which a suspension under this
section applies;
(
f) governing whether a conviction for a
prescribed offence is to be considered a first, second or subsequent conviction
for the purposes of subsection (1), and whether previous suspensions under
section 41.0.2 or this section, or convictions for an offence under
section
333.1 of the Criminal Code (Canada) or a prescribed
offence, are to be considered;
(
g) governing
how a prescribed offence is to be taken into account for the purposes of
subsection 41.0.2 (8).
Same
(3) Subsections
41 (5) and (8) and 41.0.2 (9) to (12) apply to this
section with necessary
modifications.
Subsection 42 (3) of the Act is amended by striking out “five” and substituting
“10”.
Subsection 43 (1) of the Act is amended by striking out “under subsection 41
(1) or under subsection 42 (1)” and substituting “under subsection 41 (1),
41.0.1 (1) or 42 (1)”.
(1) Clauses 48 (14) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section; and
(2) Paragraph
1 of subsection 48 (15) of the Act is amended by striking out “five” and
substituting “10”.
(3) The
definition of “driver” in subsection 48 (18) of the Act is repealed and the
following substituted:
“driver”
includes a person who has care, charge or control of a motor vehicle while the
vehicle is on or off a highway; (“conducteur”)
(4) The
definition of “motor vehicle” in subsection 48 (18) of the Act is repealed and
the following substituted:
“motor
vehicle” includes a street car, a motorized snow vehicle and any other motor
vehicle within the meaning of
section 2 of the Criminal
Code (Canada); (“véhicule automobile”)
(1) Clauses 48.0.1 (3) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.1 (4) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.0.2 (2) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.2 (3) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.0.3 (2) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Subsection
48.0.3 (3) of the Act is amended by striking out “five” and substituting “10”.
(1) Clauses 48.1 (5) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Section
48.1 of the Act is amended by adding the following subsection:
Same
(5.1) A
previous suspension that took effect more than 10 years before the current
suspension takes effect shall not be taken into account in determining whether
the current suspension is a first, second or subsequent suspension for the
purpose of subsection (5).
(1) Clauses 48.2.1 (10) (
a) and (
b) of the Act are repealed and the
following substituted:
(
a) seven
days, in the case of a first suspension under this section;
(b) 14
days, in the case of a second suspension under this section;
(2) Section
48.2.1 of the Act is amended by adding the following subsection:
Same
(11) A
previous suspension that took effect more than 10 years before the current
suspension takes effect shall not be taken into account in determining whether
the current suspension is a first, second or subsequent suspension for the
purpose of subsection (10).
Section 55 of the Act is repealed and the following substituted:
Suspension
on appeal
If a
person whose driver’s licence has been suspended following a conviction
commences an appeal against their conviction and provides the Registrar with
notice of the appeal that is satisfactory to the Registrar, the suspension is
stayed until the appeal is concluded.
(1) Clause 57 (4) (
h) of the Act is amended by adding “at the
commencement of or during a conduct review program or” after “including”.
(2) Subsection
57 (4) of the Act is amended by adding the following clause:
(
l) provide for and govern the imposition of a condition on a
driver’s licence that prohibits a driver from having alcohol or a drug present
in their body, or a prescribed concentration of either, including,
(
i) governing
the procedures for screening drivers for the presence of alcohol or a drug,
(ii) prescribing
the devices or equipment that are approved for the purposes of screening , and
(iii) providing
that any procedure, rule, duty, consequence or other matter described in
section 48.0.2, 48.1 or 48.2.1 may be applied, with or without modifications,
to the imposition of a condition.
(3) Paragraph
2 of subsection 57 (4.2) of the Act is amended by striking out “(b.1) or”.
(4) Subsection
57 (4.2) of the Act is amended by adding the following paragraph:
4. Where
the licence is suspended under subsection 41.0.1 (1) and the suspension has
been in effect for at least 25 years before the reinstatement takes effect.
(5) Section
57 of the Act is amended by adding the following subsection:
Same
(4.3) Where
a court or judge, when sentencing an offender or making a conviction, orders
the imprisonment of the offender, the period referred to in paragraph 3 or 4 of
subsection (4.2) is increased by,
(
a) the
period of imprisonment ordered for the offender; or
(
b) upon
application by the offender, the period of imprisonment served by the offender.
Paragraph 2 of subsection 62 (14.2) of the Act is amended by striking out “or
the Public Vehicles Act ”.
(1) Subsection 64 (2) of the Act is amended by striking out “Every
motorcycle, motor assisted bicycle or power-assisted bicycle” at the beginning
and substituting “Every motorcycle and motor assisted bicycle”.
(2) The
definition of “bicycle” in subsection 64 (4) of the Act is amended by striking
out “unicycle, tricycle or power-assisted bicycle” and substituting “unicycle
or tricycle”.
(1) Subsection 82 (2) of the Act is amended by striking out “that is
not a power-assisted bicycle”.
(2) Subsection
82 (3) of the Act is amended by striking out “that is not a power-assisted
bicycle”.
Section 103.1 of the Act is repealed.
(1) Subsection 104. (2.1) of the Act is amended by striking out
“Subject to subsection 103.1 (2)” at the beginning.
(2) Subsection
104 (2.2) of the Act is amended by striking out “other than a power-assisted
bicycle”.
Clauses 128 (13) (
a) to (
c) of the Act are revoked and the following
substituted:
(
a) a
fire department vehicle while proceeding to a fire or responding to, but not
returning from, a fire alarm or other emergency call;
(
b) a
police department vehicle being used in the lawful performance of a police
officer’s duties;
(
c) an
ambulance while responding to an emergency call or being used to transport a
patient or injured person in an emergency situation; or
(
d) a
ministry vehicle being used by an officer appointed for carrying out the
provisions of this Act in the lawful performance of the officer’s duties.
(1) Subsection 159 (1) of the Act is amended by striking out the
portion before clause (
a) and substituting the following:
Approaching,
following emergency vehicles
Stop
on approach of vehicle with flashing lights or bell or siren sounding
(1) The
driver of a vehicle, upon the approach of an emergency vehicle mentioned in
clause (
a) of the definition of that term, with its bell or siren sounding or
with its lamp producing intermittent flashes of red light or red and blue
light, or upon the approach of a public utility emergency vehicle with its bell
or siren sounding or its lamp producing intermittent flashes of red light,
shall immediately bring such vehicle to a standstill,
. . . .
(2) Clauses
(
a) and (
b) of the definition of “emergency vehicle” in subsection 159 (11) of
the Act are repealed and the following substituted:
(
a) an
ambulance, fire department vehicle, police department vehicle or ministry
vehicle operated by an officer appointed for carrying out the provisions of
this Act,
(
b) public
utility emergency vehicle,
(1) Subsections 172 (2) to (7) of the Act are repealed and the
following substituted:
Fine
or imprisonment
(2) Every
person who contravenes subsection (1) is guilty of an offence and on conviction
is liable to a fine of not less than $2,000 and not more than $10,000 or to
imprisonment for a term of not more than six months, or to both.
Suspension
(3) In
addition to the penalty imposed under subsection (2), the driver’s licence of a
person convicted of a contravention of subsection (1) is suspended,
(
a) on
a first conviction under this section, for a minimum of one year;
(
b) on
a second conviction under this section, for a minimum of three years; and
(
c) on
a third or subsequent conviction under this section, indefinitely.
Reduction
(4) An
indefinite suspension imposed under clause (3) (
c) that was not in relation to
a fourth or subsequent conviction under this
section may be reduced by the
Registrar in the prescribed circumstances.
Discretion
to extend
(5) Where
the court making a conviction under this
section considers it to be proper and
desirable for the protection of the public using the highways, the court may
make an order extending the period of suspension referred to in subsection (3)
to,
(
a) a
period greater than the period required under clause (3) (
a) but not exceeding
three years; or
(
b) a
period greater than the period required under clause (3) (
b) but not exceeding
10 years.
Same
(6) An
order made under subsection (5) does not lessen the duration of the suspension
imposed under clause (3) (
a) or (
b) or affect the duration of an indefinite
suspension imposed under clause (3) (c).
Determining
subsequent conviction
(7) In
determining whether a conviction is a subsequent conviction for the purposes of
subsections (3) and (4), the only question to be considered is the sequence of
convictions and no consideration shall be given to the sequence of commission
of offences or whether any offence occurred before or after any conviction.
10-year
limitation
(7.1) A
conviction that is more than 10 years after the previous conviction is deemed
to be a first conviction for the purposes of subsection (3).
Exception
(7.2) Despite
subsection (7) and (7.1), when the subsequent conviction is within 10 years
after the previous conviction, all previous convictions that were not followed
by a 10-year period without a conviction shall be taken into account for the
purposes of subsections (3) and (4).
Transition
(7.3) Despite
subsections (7.1) and (7.2), a conviction that was more than 10 years before
the date on which subsection 23 (1) of the Safer Roads and
Communities Act, 2024 comes into force shall not be taken into account
for the purpose of subsections (3) and (4).
(2) Clause
172 (23) (
d) of the Act is repealed and the following substituted:
(
d) prescribing
the circumstances in which an indefinite suspension under clause (3) (
c) may be
reduced by the Registrar, and the conditions or requirements that must be
satisfied for reinstatement of the driver’s licence.
Clause 214.1 (7) (
b) of the Act is repealed and the
following substituted:
(
b) the person’s licence shall be suspended
for a period of not more than the maximum period for which the licence would be
suspended under
section
Section 216 of the Act is amended by adding the following subsection:
Definition
(8) In
this section,
“driver”
includes a person who has care, charge or control of a vehicle and includes a
person with care, charge or control of a vehicle that has recently travelled
from or off the highway.
Subsection 219 (1) of the Act is amended by adding “or
section 172” after “or
78.1 (6.1)”.
Subsections 228 (2) to (5) of the Act are repealed.
Sections 1, 3, 7, 8 and 23 of
Schedule 1 to the Moving
Ontarians More Safely Act, 2021 , are repealed.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) Sections
1, 2 and 4 to 8, subsections 9 (1) and (2), sections 10 to 14, subsections 16
(1), (2), (4) and (5) and sections 18 to 21, 24, 25 and 27 to 29 come into
force on a day to be named by proclamation of the Lieutenant Governor.
Short title
The
short title of this Act is the Safer Roads and Communities Act, 2024 .
Date Bill stage Event Outcome Committee
November 19, 2024
Royal Assent
Royal Assent received
November 19, 2024
Third Reading
Vote
Carried
November 19, 2024
Third Reading
Question put
November 19, 2024
Third Reading
Debated
November 18, 2024
Second Reading
Ordered for Third Reading pursuant to the Order of the House
November 18, 2024
Second Reading
Report adopted
November 18, 2024
Second Reading
Reported as amended
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 15, 2024
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 13, 2024
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
October 29, 2024
Second Reading
Ordered referred to Standing Committee pursuant to the Order of the House
Standing Committee on Heritage, Infrastructure and Cultural Policy
October 29, 2024
Second Reading
Vote
Carried
October 29, 2024
Second Reading
Question put
October 29, 2024
Second Reading
Time allocated
October 21, 2024
Second Reading
Debated
Debate adjourned
May 28, 2024
Second Reading
Debated
Debate adjourned
May 16, 2024
First Reading
Ordered for Second Reading
May 16, 2024
First Reading
Vote
Carried
First Reading
May 16, 2024
Carried
Ordered for Second Reading
Second Reading
May 28, 2024
Principal Debaters
Bresee, Ric
Hastings—Lennox and Addington
French, Jennifer
Oshawa
Kerzner, Hon. Michael
York Centre
Rakocevic, Tom
Humber River—Black Creek
Sarkaria, Hon. Prabmeet Singh
Brampton South
Thanigasalam, Hon. Vijay
Scarborough—Rouge Park
Questions and Responses
Coe, Lorne
Whitby
Fraser, John
Ottawa South
Gélinas, France
Nickel Belt
Saunderson, Brian
Simcoe—Grey
Skelly, Donna
Flamborough—Glanbrook
Taylor, Monique
Hamilton Mountain
October 21, 2024
Principal Debaters
Blais, Stephen
Orléans
Clancy, Aislinn
Kitchener Centre
Grewal, Hardeep
Brampton East
Hamid, Zee
Milton
Harden, Joel
Ottawa Centre
Kernaghan, Terence
London North Centre
McCarthy, Hon. Todd
Durham
Rae, Matthew
Perth—Wellington
Saunderson, Brian
Simcoe—Grey
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Bourgouin, Guy
Mushkegowuk—James Bay
Bresee, Ric
Hastings—Lennox and Addington
French, Jennifer
Oshawa
Gates, Wayne
Niagara Falls
Gretzky, Lisa
Windsor West
Hazell, Andrea
Scarborough—Guildwood
Jones, Hon. Trevor
Chatham-Kent—Leamington
Leardi, Anthony
Essex
Mamakwa, Sol
Kiiwetinoong
Oosterhoff, Hon. Sam
Niagara West
Pierre, Natalie
Burlington
Riddell, Brian
Cambridge
Stevens, Jennifer (Jennie)
St. Catharines
Taylor, Monique
Hamilton Mountain
West, Jamie
Sudbury
October 29, 2024
Time allocated
October 29, 2024
Question put
Carried
Ordered referred to Standing Committee pursuant to the Order of the House
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 13, 2024
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 15, 2024
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 18, 2024
Reported as amended
Standing Committee on Heritage, Infrastructure and Cultural Policy
Ordered for Third Reading pursuant to the Order of the House
Third Reading
November 19, 2024
Principal Debaters
Fraser, John
Ottawa South
French, Jennifer
Oshawa
Sarkaria, Hon. Prabmeet Singh
Brampton South
Question put
Carried
Royal Assent
November 19, 2024
Royal Assent received