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Bill 100, Keeping Ontario Open for Business Act, 2022

Jones, Hon. Sylvia Solicitor General

Royal Assent received. Statutes of Ontario 2022,

chapter 10

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Bill 100 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 100 and does not form part of the law.

Bill 100 has been enacted as

Chapter 10 of the Statutes of Ontario, 2022.

The

Bill enacts the Keeping Ontario Open for Business Act,

2022 . The Act establishes prohibitions and enforcement mechanisms to

prevent persons from impeding access to, egress from or ordinary use of

protected transportation infrastructure. “Protected transportation

infrastructure” is defined in

section 1 as any land or water border crossing

point between Ontario and the United States, any airport that regularly

accommodates flights directly between Ontario and a country other than Canada

that is prescribed by the regulations made under the Act, and any other

transportation infrastructure that is of significance to international trade

that is prescribed by the regulations made under the Act. In the case of

regulations prescribing other transportation infrastructure, subsection 17

(2) provides that any such regulation ceases to apply after 30 days, if it is not

revoked earlier.

Section

2 sets out the main prohibitions in the Act. Subsection 2 (1) prohibits persons

from impeding access to or egress from, or the ordinary use of, protected

transportation infrastructure, or from directly or indirectly causing such

access, egress or ordinary use to be impeded, if the impediment has or is

reasonably expected to have the effect of disrupting ordinary economic activity

or interfering with the safety, health or well-being of members of the public.

Subsection 2 (4) prohibits persons from knowingly aiding a person in doing

something prohibited under subsection (1). Subsections 2 (3) and (5) set out

exceptions and circumstances in which the prohibitions do not apply.

Most

of the rest of the Act addresses enforcement.

Sections

3 to 9 set out powers and procedures to deal with circumstances in which there

are reasonable grounds to believe that there is or has been a contravention of

a prohibition under

section

Section

3 empowers police officers to direct persons to cease contravening

section 2,

including to disperse, or to remove objects being used in a contravention of

section 2. “Object” is defined in

section 1 as including vehicles. In specified

circumstances, police officers may remove an object.

Section

4 empowers police officers to direct owners or operators of vehicles being used

in a contravention of

section 2 to remove the vehicles. If they are not

removed, they may be removed by police officers.

Section

5 provides that police officers may maintain possession of and store objects

that have been removed under

section 3 or 4, for up to 30 days. Subsection 5

(3) makes costs and charges arising from the removal or storage of an object a

debt due by the owner of the object and other specified persons.

Section

6 provides for police officers to be assisted in the removal or storage of

objects.

Section

7 empowers police officers to direct persons who use a vehicle in contravening

section 2 to surrender their driver’s licence. At the same time, the driver’s

licence is suspended for 14 days.

Section 7 applies with respect to driver’s

licences issued outside of Ontario, with specified modifications.

Section

8 empowers police officers to seize the number plates displayed on vehicles

used in contravening

section 2. At the same time, the plate portion of the

permit for the vehicle is suspended for 14 days.

Section 8 applies with respect

to number plates and vehicle permits issued outside of Ontario, with specified

modifications.

Section

9 empowers the Registrar of Motor Vehicles to make orders, without a hearing,

suspending or cancelling the plate portion of a permit for a commercial motor

vehicle or trailer or a CVOR certificate, if the holder of the permit or

certificate has contravened

section 2 or is the owner or operator of a

commercial motor vehicle or trailer that has been used in a contravention under

that section. If such an order has been made, the number plates displayed on

the commercial motor vehicle or trailer may be seized. A request may be made

for the order to be modified or rescinded, and the Registrar is required to

review and consider the request.

Section 9 applies with respect to commercial

motor vehicles and trailers with vehicle permits issued outside of Ontario,

with specified modifications.

Section

10 creates offences for contraventions under

section 2 and other specified

provisions of the Act, and

section 11 sets out the penalties that apply on

conviction. Under

section 12, police officers are empowered to direct persons

to provide identifying information for the purpose of commencing a proceeding

under the Provincial Offences Act .

Section 13

provides for specified related powers of arrest without a warrant.

Finally,

under

section 14, an application may be made to the Superior Court of Justice

for an order restraining a person from continuing a contravention under

section

The

remaining provisions of the Act deal with various matters:

Section

15 provides for immunity from personal liability for individuals in specified

circumstances.

Section

16 requires a review of the first 12 months of the application of the Act.

Section

17 specifies the regulations that may be made under the Act.

The

Act makes complementary amendments to the Civil Remedies

Act, 2001 . Additionally,

section 46 of the Highway

Traffic Act is amended to provide that a default on a fine payable on

conviction under the Keeping Ontario Open for Business

Act, 2022 may result in the suspension of the convicted person’s

driver’s licence.

The

Act comes into force on Royal Assent.

Bill 100 2022

Act to enact legislation to protect access to certain transportation

infrastructure

Her

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

Province of Ontario, enacts as follows:

CONTENTS

Definitions

Prohibitions

respecting access to protected transportation infrastructure

Directions

to cease, remove objects, disperse

Removal

of vehicle being used in contravention

Removed

objects

Assistance

Surrender,

suspension of driver’s licence

Seizure

of number plates, permit suspension

Commercial

motor vehicles and trailers

Offences

Penalties

Requirement

to identify

Arrest

without warrant

Court

order

personal liability

Review

of Act

Regulations

Amendments to Other Acts

Civil

Remedies Act, 2001

Highway

Traffic Act

Commencement and

Short Title

Commencement

Short

title

Definitions

1 In this Act,

“commercial

motor vehicle” means a commercial motor vehicle as defined in

section 1 of the Highway Traffic Act ; (“véhicule utilitaire”)

“CVOR

certificate” means a CVOR certificate as defined in

section 1 of the Highway Traffic Act ; (“certificat d’immatriculation UVU”)

“object”

includes a vehicle; (“objet”)

“operator”

means, when used in reference to a commercial motor vehicle,

(

a) an

operator as defined in subsection 16 (1) of the Highway

Traffic Act , and

(

b) in

the absence of evidence to the contrary, where there is no CVOR certificate,

national safety code number under the Motor Vehicle

Transport Act (Canada) or lease applicable to the vehicle, the holder of

the plate portion of the vehicle permit; (“utilisateur”)

“owner”

includes, when used in reference to a vehicle,

(

a) the

holder of the vehicle permit, and

(

b) the

holder of the vehicle permit corresponding to the number plate that is

displayed on the vehicle; (“propriétaire”)

“protected

transportation infrastructure” means,

(

a) any

land or water border crossing point between Ontario and the United States,

(

b) any

airport that regularly accommodates flights directly between

Ontario and a country other than Canada and that is prescribed by the

regulations, and

(

c) any

other transportation infrastructure that is of significance to international

trade and that is prescribed by the regulations; (“infrastructure de transport

protégée”)

“Registrar”

means the Registrar of Motor Vehicles under the Highway

Traffic Act ; (“registrateur”)

“regulations”

means the regulations made under this Act; (“règlements”)

“trailer”

means a trailer as defined in

section 1 of the Highway

Traffic Act ; (“remorque”)

“vehicle”

includes a commercial motor vehicle and a trailer; (“véhicule”)

“vehicle

permit” means a permit as defined in

section 6 of the Highway

Traffic Act or a vehicle permit issued by another jurisdiction. (“certificat

d’immatriculation de véhicule”)

Prohibitions

respecting access to protected transportation infrastructure

Prohibition

impeding access, etc.

(1) No person shall impede access to or egress

from, or the ordinary use of, protected transportation infrastructure, or

directly or indirectly cause such access, egress or ordinary use to be impeded,

if the impediment has or is reasonably expected to have the effect of,

(

a) disrupting

ordinary economic activity; or

(

b) interfering

with the safety, health or well-being of members of the public.

Same

(2) Subsection

(1) applies whether the person is acting,

(

a) individually

or in co-operation with others; and

(

b) through

the use of a vehicle or by any other means.

Exceptions

(3) Subsection

(1) does not apply if the effect of the impediment,

(

a) is

or is reasonably expected to be trivial, transient or minor in nature; or

(

b) can

easily be avoided by persons attempting to access, use or depart from the protected

transportation infrastructure.

Prohibition

on assistance

(4) No

person shall provide assistance to another person to knowingly aid that person

to do anything prohibited by subsection (1), including by providing supplies,

fuel or other materials.

Non-application

(5) This

section does not apply with respect to any activity,

(

a) for

which authorization, in any form, has been granted by a person or entity who is

authorized under

an Act of Ontario or Canada to give the authorization;

(

b) that

is required under

an Act of Ontario or Canada or a court order; or

(

c) of

a peace officer acting in the course of their duties, or of a person acting

under the direction of such a peace officer.

Directions

to cease, remove objects, disperse

Direction

to cease, remove objects

(1) A police officer who has reasonable grounds

to believe that a person is contravening subsection 2 (1) or (4) may direct the

person to,

(

a) cease

contravening the subsection; or

(

b) remove

or cause to be removed any object that, as a result of any act or omission of

the person, is being used in the contravention.

Direction

to disperse

(2) A

police officer who has reasonable grounds to believe that two or more persons

are together contravening subsection 2 (1) or (4) may direct them to disperse.

Compliance

(3) A

person who is the subject of a direction under subsection (1) or (2) shall

promptly comply with the direction.

Removal

of object by police officer

(4) A

police officer may remove an object, or cause it to be removed, if,

(

a) a

person who is directed under clause (1) (

b) to remove the object or cause it to

be removed fails to promptly do so; or

(

b) the

police officer determines that the conditions for giving a direction under

clause (1) (

b) are met with respect to the object but that it is impracticable

in the circumstances to give the direction.

Removal

of vehicle being used in contravention

(1) A police officer who has reasonable grounds

to believe that a vehicle is being used in a contravention of subsection 2

(1) or (4) may direct the owner or, if any, operator to remove the vehicle or cause

it to be removed.

Direction

(2) A

direction under subsection (1) may be given by any means the police officer

reasonably believes would bring it to the owner or operator’s attention.

Compliance

(3) An

owner or operator who is directed to remove the vehicle or cause it to be

removed shall promptly comply with the direction.

Removal

of vehicle by police officer

(4) If

the vehicle is not removed in accordance with the direction, the police officer

may remove the vehicle or cause it to be removed.

Removed

objects

(1) A police officer who, under subsection 3

(4) or 4 (4), removes an object or causes it to be removed, may,

(

a) maintain

possession of the object for a period of up to 30 days beginning on the day on

which the object was removed; and

(

b) store

the object or cause it to be stored during the period referred to in clause

(a).

Notice

(2) The

police officer shall make reasonable efforts to notify the object’s owner of

the location where the object is being stored.

Costs

and charges

(3) The costs and charges for the removal of an

object under subsection 3 (4) or 4 (4), the storage of the object under subsection

5 (1) or both , as the case may be, are a debt due by the following persons,

and for which they are jointly and severally liable:

1. If

the object is a vehicle, the owner, the operator, if any, and the person who

drove or otherwise brought the vehicle to the location from which it was

removed.

2. If

the object is not a vehicle, the owner of the object and the person who most

recently used the object in contravening subsection 2 (1) or (4).

Recovery

(4) A

debt under subsection (3) may be recovered in any court of competent

jurisdiction, and is a lien on the object that may be enforced in the manner

provided by the Repair and Storage Liens Act .

Power

to maintain possession

(5) The

power to maintain possession of an object under this

section is in addition to,

and shall not be construed as derogating from, any power to maintain possession

of the object under the Civil Remedies Act, 2001 or

any other Act or law, including, for greater certainty, the Criminal Code (Canada).

Assistance

6 A police officer may, for the purpose of subsection 3 (4), 4

(4) or 5 (1), request the assistance of any person who is reasonably qualified to

assist in removing or storing the object, as the case may be, and the person is

authorized to provide such assistance for that purpose.

Surrender,

suspension of driver’s licence

(1) In this section,

“driver’s

licence” means a licence issued under

section 32 of the Highway

Traffic Act or a driver’s licence issued by another jurisdiction.

Same

(2) A

police officer who has reasonable grounds to believe that a person is

contravening or has contravened subsection 2 (1) or (4) and that the

contravention involves or involved the person’s use of a vehicle, may, subject

to the regulations, direct the person to surrender their driver’s licence.

Compliance

(3) The

person shall promptly comply with the direction.

Suspension

(4) In

the case of a driver’s licence issued under

section 32 of the Highway Traffic Act , the licence is suspended for a

period of 14 days beginning on the day on which the direction is given.

Same

(5) In

the case of a driver’s licence issued by another jurisdiction, the person’s

privilege to drive a motor vehicle in Ontario is suspended for 14 days beginning

on the day on which the direction is given, and

section 53 of the Highway Traffic Act applies, with necessary

modifications, to the suspension of that privilege as if there were a licence

suspension during that period.

Same

(6) Subsections

(4) and (5) apply regardless of whether the person complies or fails to comply

with the direction.

Duties

of police officer

(7) A

police officer who gives a direction under subsection (2) shall,

(

a) notify

the Registrar, or cause the Registrar to be notified, of that fact, in the form

and manner and within the time specified by the Registrar;

(

b) keep

a record of the driver’s licence with the person’s name and address and the

date on which the suspension begins;

(

c) provide

the person with a written statement indicating,

(

i) the

date on which the suspension begins,

(ii) that

the suspension is for a period of 14 days, and

(iii) how

a driver’s licence can be obtained at the end of the suspension period; and

(

d) provide

to the Registrar any other material or information that may be specified by the

regulations.

Seizure

of number plates, permit suspension

Seizure

(1) A police officer who has reasonable grounds

to believe that a vehicle has been used in a contravention of subsection 2

(1) or (4) may, subject to the regulations, seize the number plates displayed on

the vehicle, including any number plates issued by another jurisdiction.

Suspension

(2) In

the case of a vehicle permit issued in Ontario, the plate portion of the permit

is suspended for 14 days beginning on the day of the seizure.

Same

(3) In

the case of a vehicle permit issued by another jurisdiction, any privilege to

use the vehicle in Ontario is suspended for 14 days beginning on the day of the

seizure, and

section 51 of the Highway Traffic Act

applies, with necessary modifications, to the suspension of that privilege as

if there were a permit suspension during that period.

Duties

of police officer

(4) A

police officer who makes a seizure under subsection (1) shall,

(

a) notify

the Registrar, or cause the Registrar to be notified, of that fact, in the form

and manner and within the time specified by the Registrar;

(

b) keep

a record of the vehicle permit with the permit holder’s name and address and

the date on which the suspension begins;

(

c) if

the driver, owner or operator, if any, is present, provide that person with a

written statement indicating,

(

i) the

date on which the suspension begins,

(ii) that

the suspension is for a period of 14 days, and

(iii) how

number plates can be obtained at the end of the suspension period; and

(

d) provide to the Registrar any other material or information that

may be specified by the regulations .

Commercial motor vehicles and trailers

(1) The Registrar may, by order, provide that the

plate portion of a vehicle permit issued in Ontario for a person’s commercial

motor vehicle or trailer or the person’s CVOR certificate is suspended for a

period specified by the Registrar or cancelled, if the Registrar has reasonable

grounds to believe that,

(

a) the

person has contravened subsection 2 (1) or (4); or

(

b) the

person is the owner or operator of a commercial motor vehicle or trailer that was

used in a contravention of subsection 2 (1) or (4).

Same

(2) If

the vehicle permit for a person’s commercial motor vehicle or trailer was

issued by another jurisdiction and the Registrar has reasonable grounds to

believe that clause (1) (

a) or (

b) applies with respect to the person, the Registrar

may, by order, provide that any privilege to use the commercial motor vehicle

or trailer in Ontario is suspended for a period specified by the Registrar or

cancelled, and subsection 47 (8) of the Highway Traffic

Act applies, with necessary modifications, to the suspension or

cancellation of that privilege as if there were a permit suspension or

cancellation.

right to be heard

(3) The

person is not entitled to a hearing before an order may be made under subsection

(1) or (2).

Notice

(4) The

Registrar may give notice of the order by any means the Registrar reasonably

believes would bring the order to the person’s attention.

Effect

(5) The

order takes effect on the date and at the time specified in the order,

regardless of whether the person has received notice of the order.

Seizure

of number plates

(6) A

police officer or officer appointed under

section 223 of the Highway Traffic Act may seize any number plates displayed

on a commercial motor vehicle or trailer that is the subject of an order under

subsection (1) or (2), including any number plates issued by another

jurisdiction.

Duties

of officer

(7) An

officer who seizes a number plate under subsection (6) shall,

(

a) notify

the Registrar, or cause the Registrar to be notified, of that fact, in the form

and manner and within the time specified by the Registrar;

(

b) provide

to the Registrar any other material or information that the Registrar may

specify; and

(

c) follow

any directions of the Registrar with respect to the seized number plate.

Review

of order

(8) An

owner or operator of a commercial motor vehicle or trailer that is the subject

of an order under subsection (1) or (2) may, no later than 30 days after the

order is made, request that the Registrar modify or rescind the order.

Same

(9) The

request shall be made in writing, and shall include any information that the

owner or operator considers relevant.

Same

(10) The

Registrar shall, following review and consideration of the request, confirm,

modify or rescind the order.

transfer, etc.

(11) If

an order under subsection (1) is issued to an operator, no person with

knowledge of the order shall, without the Registrar’s consent, transfer or

lease any commercial motor vehicle or trailer for which the operator’s name is

on the vehicle or plate portion of the vehicle permit, or do anything else that

would result in a change of name on the vehicle or plate portion of the permit.

Same

(12) If

the order under subsection (1) is for a suspension, subsection (11) applies

only during the suspension period.

Same

(13) Subsection

(11) ceases to apply if the Registrar rescinds the order.

Same

(14) If,

for the purposes of subsection (11), the Registrar is satisfied that the

transfer, lease or other action is not being made for the purpose of avoiding the

effect of the order under subsection (1), the Registrar shall not withhold the consent.

Highway

Traffic Act

(15) For

greater certainty, this

section applies in addition to any power under the Highway Traffic Act to suspend or cancel the plate

portion of a vehicle permit or a CVOR certificate.

Offences

(1) A person who contravenes subsection 2 (1) or

(4), or fails to comply with subsection 3 (3) or 4 (3), is guilty of an offence.

Same

(2) A

person who interferes with or obstructs any person in the exercise of a power

or performance of a duty or function under this Act is guilty of an offence.

Same,

directors or officers

(3) A

director or officer of a corporation who causes, authorizes, permits or

participates in an offence under this Act by the corporation is guilty of an

offence.

Separate

offence

(4) A

person is guilty of a separate offence on each day that an offence under

subsection (1), (2) or (3) occurs or continues.

Penalties

Individuals

(1) On conviction for an offence under

section 10,

an individual is liable,

(

a) in

the case of an offence under subsection 10 (1) or (2), to a fine of not more

than $100,000, imprisonment for a term of not more than one year or both; or

(

b) in

the case of an offence under subsection 10 (3), to a fine of not more than

$500,000, imprisonment for a term of not more than one year or both.

Corporations

(2) On

conviction for an offence under

section 10, a corporation is liable to a fine

of not more than $10,000,000.

Requirement

to identify

(1) If a police officer has reasonable grounds

to believe that a person has committed an offence under

section 10, the police

officer may, for the purpose of commencing a proceeding under

Part I or III of

the Provincial Offences Act , direct the person to provide

their full name, date of birth and address.

Compliance

(2) The

person shall promptly comply with the direction.

Offence

(3) A

person who fails to comply in accordance with subsection (2) is guilty of an offence.

Arrest

without warrant

13 A police officer may arrest without warrant a person whom

the officer believes on reasonable grounds,

(

a) is

contravening clause 3 (1) (

a) or subsection 3 (2);

(

b) is

guilty of an offence under subsection 10 (2); or

(

c) has

failed to comply with subsection 12 (2).

Court

order

(1) A judge of the Superior Court of Justice

may, on application by the Crown in right of Ontario or a member of the

Executive Council, make an order restraining a person who is contravening subsection

2 (1) or (4) from continuing the contravention.

Same

(2) Subsection

(1) applies in addition to any other remedy or penalty.

personal liability

(1) No cause of action arises against any individual

for any act done in good faith in the exercise or performance, or intended

exercise or performance, of the individual’s powers, duties or functions under

this Act or for any alleged neglect, default or other omission in the exercise

or performance in good faith of those powers, duties or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the individual’s acts or

omissions.

Municipality

remains vicariously liable

(3) Subsection

(1) does not relieve a municipality of liability to which it would otherwise be

subject as a result of the individual’s acts or omissions.

Same

(4) For

the purposes of subsection (3), a municipality includes a local board as

defined in the Municipal Affairs Act .

Proceedings

barred

(5) No

proceeding shall be commenced against an individual in respect of a matter

referred to in subsection (1).

Same

(6) Subsection

(5) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction, declaratory

relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy

for breach of trust or fiduciary obligation or any equitable remedy,

enforcement of a judgment, order or award made outside Ontario or any form of

compensation or damages including loss of revenue or profit.

Proceedings

by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown.

Review

of Act

(1) The Minister responsible for the

administration of this Act shall, no later than 18 months after the day this

Act comes into force,

(

a) conduct

a review of the first 12 months of the application of this Act; and

(

b) prepare

a written report respecting the review, and,

(

i) table

the report in the Assembly, and

(ii) make

the report available to the public on a Government of Ontario website.

Same

(2) For

the purposes of subclause (1) (b) (i), if the Assembly is not in session, the

Minister shall table the report at the next session.

Regulations

(1) The Lieutenant Governor in Council may make

regulations,

(

a) prescribing

airports that regularly accommodate flights directly between Ontario and a

country other than Canada for the purposes of clause (

b) of the definition of

“protected transportation infrastructure” in

section 1;

(

b) prescribing

any particular transportation infrastructure or part of it, or any class of transportation

infrastructure, that is of significance to international trade for the purposes

of clause (

c) of the definition of “protected transportation infrastructure” in

section 1;

(

c) requiring

that a police officer who requests a person’s assistance under

section 6

provide the person with confirmation of the request, and governing the form and

manner of providing the confirmation;

(

d) governing

the giving of directions under subsection 7 (2) or seizures under subsection 8

(1), including,

(

i) specifying

conditions that must be met before a direction may be given or a seizure may be

made,

(ii) specifying

a period after which a direction may not be given or a seizure may not be made;

(

e) respecting

the provision of material or information to the Registrar for the purposes of

clause 7 (7) (

d) or 8 (4) (d);

(

f) respecting

any matter that the Lieutenant Governor in Council considers necessary or

advisable to carry out effectively the purpose of this Act.

Time

limit

(2) A

regulation made under clause (1) (

b) ceases to apply on the 30th day after the

regulation comes into force, if it is not revoked before that day.

Amendments to Other Acts

Civil

Remedies Act, 2001

18 (1) Subsection 7 (1) of the Civil Remedies Act, 2001 is

amended by adding the following definition:

“injury

to the public” includes,

(

a) any

unreasonable interference with the public’s interest in the enjoyment of property,

(

b) any

unreasonable interference with the public’s interest in questions of health,

safety, comfort or convenience,

(

c) any

expenses or increased expenses incurred by the public, including any expenses

or increased expenses incurred by the Crown in right of Ontario, a municipal

corporation or a public institution that belongs to a class prescribed by the

regulations made under this Act, and

(

d) a

contravention of subsection 2 (1) or (4) of the Keeping

Ontario Open for Business Act, 2022 ; (“préjudice causé au public”)

(2) The

definition of “instrument of unlawful activity” in subsection 7 (1) of the Act

is amended by striking out “the acquisition of other property or in serious

bodily harm” and substituting “the acquisition of other property, in injury to

the public or in serious bodily harm”.

(3) Subsection

7 (2) of the Act is amended by striking out “the acquisition of other property

or in serious bodily harm” and substituting “the acquisition of other property,

in injury to the public or in serious bodily harm”.

(4) The

definition of “injury to the public” in

section 12 of the Act is repealed and

the following substituted:

“injury

to the public” has the same meaning as in

Part III; (“préjudice causé au public”)

(5) Subsection

21 (1) of the Act is amended by adding the following clause:

(b.0.1) prescribing

classes of public institutions for the purpose of clause (

c) of the definition

of “injury to the public” in subsection 7 (1);

Highway

Traffic Act

19 Subsection 46 (1) of the Highway

Traffic Act is amended by adding the following clause:

(c.1) under

section 10 or subsection 12 (3) of the Keeping Ontario

Open for Business Act, 2022 ;

Commencement and

Short Title

Commencement

20 This Act comes into force on the day it receives Royal

Assent.

Short

title

21 The

short title of this Act is the Keeping

Ontario Open for Business Act, 2022 .

Bill 100 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Keeping Ontario Open for Business Act,

2022 . The Act establishes prohibitions and enforcement mechanisms to

prevent persons from impeding access to, egress from or ordinary use of

protected transportation infrastructure. “Protected transportation

infrastructure” is defined in

section 1 as any land or water border crossing

point between Ontario and the United States, any airport that regularly

accommodates flights directly between Ontario and a country other than Canada

that is prescribed by the regulations made under the Act, and any other

transportation infrastructure that is of significance to international trade

that is prescribed by the regulations made under the Act. In the case of

regulations prescribing other transportation infrastructure, subsection 17

(2) provides that any such regulation ceases to apply after 30 days, if it is not

revoked earlier.

Section

2 sets out the main prohibitions in the Act. Subsection 2 (1) prohibits persons

from impeding access to or egress from, or the ordinary use of, protected

transportation infrastructure, or from directly or indirectly causing such

access, egress or ordinary use to be impeded, if the impediment has or is

reasonably expected to have the effect of disrupting ordinary economic activity

or interfering with the safety, health or well-being of members of the public.

Subsection 2 (4) prohibits persons from knowingly aiding a person in doing

something prohibited under subsection (1). Subsections 2 (3) and (5) set out

exceptions and circumstances in which the prohibitions do not apply.

Most

of the rest of the Act addresses enforcement.

Sections

3 to 9 set out powers and procedures to deal with circumstances in which there

are reasonable grounds to believe that there is or has been a contravention of

a prohibition under

section

Section

3 empowers police officers to direct persons to cease contravening

section 2,

including to disperse, or to remove objects being used in a contravention of

section 2. “Object” is defined in

section 1 as including vehicles. In specified

circumstances, police officers may remove an object.

Section

4 empowers police officers to direct owners or operators of vehicles being used

in a contravention of

section 2 to remove the vehicles. If they are not

removed, they may be removed by police officers.

Section

5 provides that police officers may maintain possession of and store objects

that have been removed under

section 3 or 4, for up to 30 days. Subsection 5

(3) makes costs and charges arising from the removal or storage of an object a

debt due by the owner of the object and other specified persons.

Section

6 provides for police officers to be assisted in the removal or storage of

objects.

Section

7 empowers police officers to direct persons who use a vehicle in contravening

section 2 to surrender their driver’s licence. At the same time, the driver’s

licence is suspended for 14 days.

Section 7 applies with respect to driver’s

licences issued outside of Ontario, with specified modifications.

Section

8 empowers police officers to seize the number plates displayed on vehicles

used in contravening

section 2. At the same time, the plate portion of the

permit for the vehicle is suspended for 14 days.

Section 8 applies with respect

to number plates and vehicle permits issued outside of Ontario, with specified

modifications.

Section

9 empowers the Registrar of Motor Vehicles to make orders, without a hearing,

suspending or cancelling the plate portion of a permit for a commercial motor

vehicle or trailer or a CVOR certificate, if the holder of the permit or

certificate has contravened

section 2 or is the owner or operator of a

commercial motor vehicle or trailer that has been used in a contravention under

that section. If such an order has been made, the number plates displayed on

the commercial motor vehicle or trailer may be seized. A request may be made

for the order to be modified or rescinded, and the Registrar is required to

review and consider the request.

Section 9 applies with respect to commercial

motor vehicles and trailers with vehicle permits issued outside of Ontario,

with specified modifications.

Section

10 creates offences for contraventions under

section 2 and other specified

provisions of the Act, and

section 11 sets out the penalties that apply on

conviction. Under

section 12, police officers are empowered to direct persons

to provide identifying information for the purpose of commencing a proceeding

under the Provincial Offences Act .

Section 13

provides for specified related powers of arrest without a warrant.

Finally,

under

section 14, an application may be made to the Superior Court of Justice

for an order restraining a person from continuing a contravention under

section

The

remaining provisions of the Act deal with various matters:

Section

15 provides for immunity from personal liability for individuals in specified

circumstances.

Section

16 requires a review of the first 12 months of the application of the Act.

Section

17 specifies the regulations that may be made under the Act.

The

Act makes complementary amendments to the Civil Remedies

Act, 2001 . Additionally,

section 46 of the Highway

Traffic Act is amended to provide that a default on a fine payable on

conviction under the Keeping Ontario Open for Business

Act, 2022 may result in the suspension of the convicted person’s

driver’s licence.

The

Act comes into force on Royal Assent.

Bill 100 2022

Act to enact legislation to protect access to certain transportation

infrastructure

Her

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

Province of Ontario, enacts as follows:

CONTENTS

Definitions

Prohibitions

respecting access to protected transportation infrastructure

Directions

to cease, remove objects, disperse

Removal

of vehicle being used in contravention

Removed

objects

Assistance

Surrender,

suspension of driver’s licence

Seizure

of number plates, permit suspension

Commercial

motor vehicles and trailers

Offences

Penalties

Requirement

to identify

Arrest

without warrant

Court

order

personal liability

Review

of Act

Regulations

Amendments to Other Acts

Civil

Remedies Act, 2001

Highway

Traffic Act

Commencement and

Short Title

Commencement

Short

title

Definitions

1 In this Act,

“commercial

motor vehicle” means a commercial motor vehicle as defined in

section 1 of the Highway Traffic Act ; (“véhicule utilitaire”)

“CVOR

certificate” means a CVOR certificate as defined in

section 1 of the Highway Traffic Act ; (“certificat d’immatriculation UVU”)

“object”

includes a vehicle; (“objet”)

“operator”

means, when used in reference to a commercial motor vehicle,

(

a) an

operator as defined in subsection 16 (1) of the Highway

Traffic Act , and

(

b) in

the absence of evidence to the contrary, where there is no CVOR certificate,

national safety code number under the Motor Vehicle

Transport Act (Canada) or lease applicable to the vehicle, the holder of

the plate portion of the vehicle permit; (“utilisateur”)

“owner”

includes, when used in reference to a vehicle,

(

a) the

holder of the vehicle permit, and

(

b) the

holder of the vehicle permit corresponding to the number plate that is

displayed on the vehicle; (“propriétaire”)

“protected

transportation infrastructure” means,

(

a) any

land or water border crossing point between Ontario and the United States,

(

b) any

airport that regularly accommodates flights directly between

Ontario and a country other than Canada and that is prescribed by the

regulations, and

(

c) any

other transportation infrastructure that is of significance to international

trade and that is prescribed by the regulations; (“infrastructure de transport

protégée”)

“Registrar”

means the Registrar of Motor Vehicles under the Highway

Traffic Act ; (“registrateur”)

“regulations”

means the regulations made under this Act; (“règlements”)

“trailer”

means a trailer as defined in

section 1 of the Highway

Traffic Act ; (“remorque”)

“vehicle”

includes a commercial motor vehicle and a trailer; (“véhicule”)

“vehicle

permit” means a permit as defined in

section 6 of the Highway

Traffic Act or a vehicle permit issued by another jurisdiction. (“certificat

d’immatriculation de véhicule”)

Prohibitions

respecting access to protected transportation infrastructure

Prohibition

impeding access, etc.

(1) No person shall impede access to or egress

from, or the ordinary use of, protected transportation infrastructure, or

directly or indirectly cause such access, egress or ordinary use to be impeded,

if the impediment has or is reasonably expected to have the effect of,

(

a) disrupting

ordinary economic activity; or

(

b) interfering

with the safety, health or well-being of members of the public.

Same

(2) Subsection

(1) applies whether the person is acting,

(

a) individually

or in co-operation with others; and

(

b) through

the use of a vehicle or by any other means.

Exceptions

(3) Subsection

(1) does not apply if the effect of the impediment,

(

a) is

or is reasonably expected to be trivial, transient or minor in nature; or

(

b) can

easily be avoided by persons attempting to access, use or depart from the protected

transportation infrastructure.

Prohibition

on assistance

(4) No

person shall provide assistance to another person to knowingly aid that person

to do anything prohibited by subsection (1), including by providing supplies,

fuel or other materials.

Non-application

(5) This

section does not apply with respect to any activity,

(

a) for

which authorization, in any form, has been granted by a person or entity who is

authorized under

an Act of Ontario or Canada to give the authorization;

(

b) that

is required under

an Act of Ontario or Canada or a court order; or

(

c) of

a peace officer acting in the course of their duties, or of a person acting

under the direction of such a peace officer.

Directions

to cease, remove objects, disperse

Direction

to cease, remove objects

(1) A police officer who has reasonable grounds to

believe that a person is contravening subsection 2 (1) or (4) may direct the

person to,

(

a) cease

contravening the subsection; or

(

b) remove

or cause to be removed any object that, as a result of any act or omission of

the person, is being used in the contravention.

Direction

to disperse

(2) A

police officer who has reasonable grounds to believe that two or more persons

are together contravening subsection 2 (1) or (4) may direct them to disperse.

Compliance

(3) A

person who is the subject of a direction under subsection (1) or (2) shall

promptly comply with the direction.

Removal

of object by police officer

(4) A

police officer may remove an object, or cause it to be removed, if,

(

a) a

person who is directed under clause (1) (

b) to remove the object or cause it to

be removed fails to promptly do so; or

(

b) the

police officer determines that the conditions for giving a direction under

clause (1) (

b) are met with respect to the object but that it is impracticable

in the circumstances to give the direction.

Removal

of vehicle being used in contravention

(1) A police officer who has reasonable grounds

to believe that a vehicle is being used in a contravention of subsection 2

(1) or (4) may direct the owner or, if any, operator to remove the vehicle or cause

it to be removed.

Direction

(2) A

direction under subsection (1) may be given by any means the police officer

reasonably believes would bring it to the owner or operator’s attention.

Compliance

(3) An

owner or operator who is directed to remove the vehicle or cause it to be

removed shall promptly comply with the direction.

Removal

of vehicle by police officer

(4) If

the vehicle is not removed in accordance with the direction, the police officer

may remove the vehicle or cause it to be removed.

Removed

objects

(1) A police officer who, under subsection 3

(4) or 4 (4), removes an object or causes it to be removed, may,

(

a) maintain

possession of the object for a period of up to 30 days beginning on the day on

which the object was removed; and

(

b) store

the object or cause it to be stored during the period referred to in clause

(a).

Notice

(2) The

police officer shall make reasonable efforts to notify the object’s owner of

the location where the object is being stored.

Costs

and charges

(3) The costs and charges for the removal of an

object under subsection 3 (4) or 4 (4), the storage of the object under subsection

5 (1) or both , as the case may be, are a debt due by the following persons,

and for which they are jointly and severally liable:

1. If

the object is a vehicle, the owner, the operator, if any, and the person who

drove or otherwise brought the vehicle to the location from which it was

removed.

2. If

the object is not a vehicle, the owner of the object and the person who most

recently used the object in contravening subsection 2 (1) or (4).

Recovery

(4) A

debt under subsection (3) may be recovered in any court of competent

jurisdiction, and is a lien on the object that may be enforced in the manner

provided by the Repair and Storage Liens Act .

Power

to maintain possession

(5) The

power to maintain possession of an object under this

section is in addition to,

and shall not be construed as derogating from, any power to maintain possession

of the object under the Civil Remedies Act, 2001 or

any other Act or law, including, for greater certainty, the Criminal Code (Canada).

Assistance

6 A police officer may, for the purpose of subsection 3 (4), 4

(4) or 5 (1), request the assistance of any person who is reasonably qualified to

assist in removing or storing the object, as the case may be, and the person is

authorized to provide such assistance for that purpose.

Surrender,

suspension of driver’s licence

(1) In this section,

“driver’s

licence” means a licence issued under

section 32 of the Highway

Traffic Act or a driver’s licence issued by another jurisdiction.

Same

(2) A

police officer who has reasonable grounds to believe that a person is

contravening or has contravened subsection 2 (1) or (4) and that the

contravention involves or involved the person’s use of a vehicle, may, subject

to the regulations, direct the person to surrender their driver’s licence.

Compliance

(3) The

person shall promptly comply with the direction.

Suspension

(4) In

the case of a driver’s licence issued under

section 32 of the Highway Traffic Act , the licence is suspended for a

period of 14 days beginning on the day on which the direction is given.

Same

(5) In

the case of a driver’s licence issued by another jurisdiction, the person’s

privilege to drive a motor vehicle in Ontario is suspended for 14 days beginning

on the day on which the direction is given, and

section 53 of the Highway Traffic Act applies, with necessary

modifications, to the suspension of that privilege as if there were a licence

suspension during that period.

Same

(6) Subsections

(4) and (5) apply regardless of whether the person complies or fails to comply

with the direction.

Duties

of police officer

(7) A

police officer who gives a direction under subsection (2) shall,

(

a) notify

the Registrar, or cause the Registrar to be notified, of that fact, in the form

and manner and within the time specified by the Registrar;

(

b) keep

a record of the driver’s licence with the person’s name and address and the

date on which the suspension begins;

(

c) provide

the person with a written statement indicating,

(

i) the

date on which the suspension begins,

(ii) that

the suspension is for a period of 14 days, and

(iii) how

a driver’s licence can be obtained at the end of the suspension period; and

(

d) provide

to the Registrar any other material or information that may be specified by the

regulations.

Seizure

of number plates, permit suspension

Seizure

(1) A police officer who has reasonable grounds

to believe that a vehicle has been used in a contravention of subsection 2

(1) or (4) may, subject to the regulations, seize the number plates displayed on

the vehicle, including any number plates issued by another jurisdiction.

Suspension

(2) In

the case of a vehicle permit issued in Ontario, the plate portion of the permit

is suspended for 14 days beginning on the day of the seizure.

Same

(3) In

the case of a vehicle permit issued by another jurisdiction, any privilege to

use the vehicle in Ontario is suspended for 14 days beginning on the day of the

seizure, and

section 51 of the Highway Traffic Act

applies, with necessary modifications, to the suspension of that privilege as

if there were a permit suspension during that period.

Duties

of police officer

(4) A

police officer who makes a seizure under subsection (1) shall,

(

a) notify

the Registrar, or cause the Registrar to be notified, of that fact, in the form

and manner and within the time specified by the Registrar;

(

b) keep

a record of the vehicle permit with the permit holder’s name and address and

the date on which the suspension begins;

(

c) if

the driver, owner or operator, if any, is present, provide that person with a

written statement indicating,

(

i) the

date on which the suspension begins,

(ii) that

the suspension is for a period of 14 days, and

(iii) how

number plates can be obtained at the end of the suspension period; and

(

d) provide to the Registrar any other material or information that

may be specified by the regulations .

Commercial motor vehicles and trailers

(1) The Registrar may, by order, provide that the

plate portion of a vehicle permit issued in Ontario for a person’s commercial

motor vehicle or trailer or the person’s CVOR certificate is suspended for a

period specified by the Registrar or cancelled, if the Registrar has reasonable

grounds to believe that,

(

a) the

person has contravened subsection 2 (1) or (4); or

(

b) the

person is the owner or operator of a commercial motor vehicle or trailer that was

used in a contravention of subsection 2 (1) or (4).

Same

(2) If

the vehicle permit for a person’s commercial motor vehicle or trailer was

issued by another jurisdiction and the Registrar has reasonable grounds to

believe that clause (1) (

a) or (

b) applies with respect to the person, the Registrar

may, by order, provide that any privilege to use the commercial motor vehicle

or trailer in Ontario is suspended for a period specified by the Registrar or

cancelled, and subsection 47 (8) of the Highway Traffic

Act applies, with necessary modifications, to the suspension or

cancellation of that privilege as if there were a permit suspension or

cancellation.

right to be heard

(3) The

person is not entitled to a hearing before an order may be made under subsection

(1) or (2).

Notice

(4) The

Registrar may give notice of the order by any means the Registrar reasonably

believes would bring the order to the person’s attention.

Effect

(5) The

order takes effect on the date and at the time specified in the order,

regardless of whether the person has received notice of the order.

Seizure

of number plates

(6) A

police officer or officer appointed under

section 223 of the Highway Traffic Act may seize any number plates displayed

on a commercial motor vehicle or trailer that is the subject of an order under

subsection (1) or (2), including any number plates issued by another

jurisdiction.

Duties

of officer

(7) An

officer who seizes a number plate under subsection (6) shall,

(

a) notify

the Registrar, or cause the Registrar to be notified, of that fact, in the form

and manner and within the time specified by the Registrar;

(

b) provide

to the Registrar any other material or information that the Registrar may

specify; and

(

c) follow

any directions of the Registrar with respect to the seized number plate.

Review

of order

(8) An

owner or operator of a commercial motor vehicle or trailer that is the subject

of an order under subsection (1) or (2) may, no later than 30 days after the

order is made, request that the Registrar modify or rescind the order.

Same

(9) The

request shall be made in writing, and shall include any information that the

owner or operator considers relevant.

Same

(10) The

Registrar shall, following review and consideration of the request, confirm,

modify or rescind the order.

transfer, etc.

(11) If

an order under subsection (1) is issued to an operator, no person with

knowledge of the order shall, without the Registrar’s consent, transfer or

lease any commercial motor vehicle or trailer for which the operator’s name is

on the vehicle or plate portion of the vehicle permit, or do anything else that

would result in a change of name on the vehicle or plate portion of the permit.

Same

(12) If

the order under subsection (1) is for a suspension, subsection (11) applies

only during the suspension period.

Same

(13) Subsection

(11) ceases to apply if the Registrar rescinds the order.

Same

(14) If,

for the purposes of subsection (11), the Registrar is satisfied that the

transfer, lease or other action is not being made for the purpose of avoiding the

effect of the order under subsection (1), the Registrar shall not withhold the consent.

Highway

Traffic Act

(15) For

greater certainty, this

section applies in addition to any power under the Highway Traffic Act to suspend or cancel the plate

portion of a vehicle permit or a CVOR certificate.

Offences

(1) A person who contravenes subsection 2 (1) or

(4), or fails to comply with subsection 3 (3) or 4 (3), is guilty of an offence.

Same

(2) A

person who interferes with or obstructs any person in the exercise of a power

or performance of a duty or function under this Act is guilty of an offence.

Same,

directors or officers

(3) A

director or officer of a corporation who causes, authorizes, permits or

participates in an offence under this Act by the corporation is guilty of an

offence.

Separate

offence

(4) A

person is guilty of a separate offence on each day that an offence under

subsection (1), (2) or (3) occurs or continues.

Penalties

Individuals

(1) On conviction for an offence under

section 10,

an individual is liable,

(

a) in

the case of an offence under subsection 10 (1) or (2), to a fine of not more

than $100,000, imprisonment for a term of not more than one year or both; or

(

b) in

the case of an offence under subsection 10 (3), to a fine of not more than

$500,000, imprisonment for a term of not more than one year or both.

Corporations

(2) On

conviction for an offence under

section 10, a corporation is liable to a fine

of not more than $10,000,000.

Requirement

to identify

(1) If a police officer has reasonable grounds

to believe that a person has committed an offence under

section 10, the police

officer may, for the purpose of commencing a proceeding under

Part I or III of

the Provincial Offences Act , direct the person to provide

their full name, date of birth and address.

Compliance

(2) The

person shall promptly comply with the direction.

Offence

(3) A

person who fails to comply in accordance with subsection (2) is guilty of an

offence.

Arrest

without warrant

13 A police officer may arrest without warrant a person whom

the officer believes on reasonable grounds,

(

a) is

contravening clause 3 (1) (

a) or subsection 3 (2);

(

b) is

guilty of an offence under subsection 10 (2); or

(

c) has

failed to comply with subsection 12 (2).

Court

order

(1) A judge of the Superior Court of Justice

may, on application by the Crown in right of Ontario or a member of the

Executive Council, make an order restraining a person who is contravening

subsection 2 (1) or (4) from continuing the contravention.

Same

(2) Subsection

(1) applies in addition to any other remedy or penalty.

personal liability

(1) No cause of action arises against any individual

for any act done in good faith in the exercise or performance, or intended

exercise or performance, of the individual’s powers, duties or functions under

this Act or for any alleged neglect, default or other omission in the exercise

or performance in good faith of those powers, duties or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the individual’s acts or

omissions.

Municipality

remains vicariously liable

(3) Subsection

(1) does not relieve a municipality of liability to which it would otherwise be

subject as a result of the individual’s acts or omissions.

Same

(4) For

the purposes of subsection (3), a municipality includes a local board as

defined in the Municipal Affairs Act .

Proceedings

barred

(5) No

proceeding shall be commenced against an individual in respect of a matter

referred to in subsection (1).

Same

(6) Subsection

(5) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

Proceedings

by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown.

Review

of Act

(1) The Minister responsible for the administration

of this Act shall, no later than 18 months after the day this Act comes into

force,

(

a) conduct

a review of the first 12 months of the application of this Act; and

(

b) prepare

a written report respecting the review, and,

(

i) table

the report in the Assembly, and

(ii) make

the report available to the public on a Government of Ontario website.

Same

(2) For

the purposes of subclause (1) (b) (i), if the Assembly is not in session, the

Minister shall table the report at the next session.

Regulations

(1) The Lieutenant Governor in Council may make

regulations,

(

a) prescribing

airports that regularly accommodate flights directly between Ontario and a

country other than Canada for the purposes of clause (

b) of the definition of

“protected transportation infrastructure” in

section 1;

(

b) prescribing

any particular transportation infrastructure or part of it, or any class of transportation

infrastructure, that is of significance to international trade for the purposes

of clause (

c) of the definition of “protected transportation infrastructure” in

section 1;

(

c) requiring

that a police officer who requests a person’s assistance under

section 6

provide the person with confirmation of the request, and governing the form and

manner of providing the confirmation;

(

d) governing

the giving of directions under subsection 7 (2) or seizures under subsection 8

(1), including,

(

i) specifying

conditions that must be met before a direction may be given or a seizure may be

made,

(ii) specifying

a period after which a direction may not be given or a seizure may not be made;

(

e) respecting

the provision of material or information to the Registrar for the purposes of

clause 7 (7) (

d) or 8 (4) (d);

(

f) respecting

any matter that the Lieutenant Governor in Council considers necessary or

advisable to carry out effectively the purpose of this Act.

Time

limit

(2) A

regulation made under clause (1) (

b) ceases to apply on the 30th day after the

regulation comes into force, if it is not revoked before that day.

Amendments to Other Acts

Civil

Remedies Act, 2001

18 (1) Subsection 7 (1) of the Civil Remedies Act, 2001 is

amended by adding the following definition:

“injury

to the public” includes,

(

a) any

unreasonable interference with the public’s interest in the enjoyment of

property,

(

b) any

unreasonable interference with the public’s interest in questions of health,

safety, comfort or convenience,

(

c) any

expenses or increased expenses incurred by the public, including any expenses

or increased expenses incurred by the Crown in right of Ontario, a municipal

corporation or a public institution that belongs to a class prescribed by the

regulations made under this Act, and

(

d) a

contravention of subsection 2 (1) or (4) of the Keeping

Ontario Open for Business Act, 2022 ; (“préjudice causé au public”)

(2) The

definition of “instrument of unlawful activity” in subsection 7 (1) of the Act

is amended by striking out “the acquisition of other property or in serious

bodily harm” and substituting “the acquisition of other property, in injury to

the public or in serious bodily harm”.

(3) Subsection

7 (2) of the Act is amended by striking out “the acquisition of other property

or in serious bodily harm” and substituting “the acquisition of other property,

in injury to the public or in serious bodily harm”.

(4) The

definition of “injury to the public” in

section 12 of the Act is repealed and

the following substituted:

“injury

to the public” has the same meaning as in

Part III; (“préjudice causé au public”)

(5) Subsection

21 (1) of the Act is amended by adding the following clause:

(b.0.1) prescribing

classes of public institutions for the purpose of clause (

c) of the definition

of “injury to the public” in subsection 7 (1);

Highway

Traffic Act

19 Subsection 46 (1) of the Highway

Traffic Act is amended by adding the following clause:

(c.1) under

section 10 or subsection 12 (3) of the Keeping Ontario

Open for Business Act, 2022 ;

Commencement and

Short Title

Commencement

20 This Act comes into force on the day it receives Royal

Assent.

Short

title

21 The

short title of this Act is the Keeping Ontario Open for Business Act, 2022 .

Date Bill stage Event Outcome Committee

April 14, 2022

Royal Assent

Royal Assent received

April 13, 2022

Third Reading

Vote

Carried

April 13, 2022

Third Reading

Debated

April 13, 2022

Third Reading

Debated

April 12, 2022

Second Reading

Ordered for Third Reading

April 12, 2022

Second Reading

Reported without amendment

April 12, 2022

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

April 5, 2022

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

March 29, 2022

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

March 29, 2022

Second Reading

Vote

Carried on division

March 29, 2022

Second Reading

Deferred vote

March 29, 2022

Second Reading

Debated

March 28, 2022

Second Reading

Debated

March 24, 2022

Second Reading

Debated

March 21, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

March 21, 2022

Committee

Second Reading

March 24, 2022

Principal Debaters :

Hon. Sylvia Jones, Hon. Doug Downey, Mr. Vijay Thanigasalam, Mrs. Lisa Gretzky, Hon. Prabmeet Singh Sarkaria, Mr. Joel Harden, Ms. Donna Skelly, Mr. John Vanthof, Mr. Rudy Cuzzetto

Questions and Comments :

Mr. Percy Hatfield, Mme Lucille Collard, Mr. Sheref Sabawy, Ms. Teresa J. Armstrong, Mr. Sol Mamakwa, Mr. Michael Parsa, Ms. Jessica Bell, Mr. Bill Walker, Ms. Suze Morrison, Mr. Michael Mantha, Mr. Vincent Ke, Miss Monique Taylor, Ms. Marit Stiles, Mr. Tom Rakocevic, Ms. Rima Berns-McGown, Mr. Amarjot Sandhu

March 28, 2022

Principal Debaters :

Mr. Rudy Cuzzetto, Ms. Catherine Fife, Ms. Christine Hogarth, Mme Lucille Collard, Miss Monique Taylor, Ms. Laurie Scott, Mme France Gélinas, Ms. Jennifer K. French, Mrs. Belinda C. Karahalios, Mr. Norman Miller, Mr. Randy Pettapiece, Mr. Gurratan Singh, Hon. Paul Calandra, M. Michael Mantha

Questions and Comments :

Mr. Jeff Burch, Mr. Stephen Crawford, Mrs. Jennifer (Jennie) Stevens, Mr. Lorne Coe, Mr. Toby Barrett, Ms. Doly Begum, Mrs. Daisy Wai, Mr. Terence Kernaghan, Mr. Faisal Hassan, Hon. Doug Downey

March 29, 2022

Principal Debaters :

Mr. Michael Mantha, Mr. Robert Bailey

Questions and Comments :

Ms. Donna Skelly, Mr. Gurratan Singh, Ms. Christine Hogarth, Ms. Catherine Fife, Hon. Jane McKenna

Vote deferred.

March 29, 2022

Carried on division. Referred to the Standing Committee Justice Policy.

Committee

Standing Committee Justice Policy

April 5, 2022

April 12, 2022

April 12, 2022

Reported to the House without amendment. Ordered for third reading.

Third Reading

April 13, 2022

Principal Debaters :

Hon. Sylvia Jones, Mr. Michael Mantha, Mr. Sol Mamakwa, Mr. Rick Nicholls

Questions and Comments :

Mr. Taras Natyshak, Mr. Will Bouma, Ms. Peggy Sattler, Mr. Dave Smith, Mr. John Vanthof, Mr. John Yakabuski, Mr. Robert Bailey, Miss Monique Taylor, Mr. Randy Pettapiece, Mr. Dave Smith, Mr. Sheref Sabawy

April 13, 2022 (Continued)

Carried.

Acts affected - Bill 100

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Civil Remedies Act, 2001

Highway Traffic Act

Legislative Assembly of Ontario

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