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Bill 40, Moving Ontarians Safely Act, 2023

Harden, Joel

Begum, Doly

Bell, Jessica

Karpoche, Bhutila

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Bill 40 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act . It is about

the legal consequences of a collision that seriously injures or kills a

pedestrian, a cyclist, a mobility device user, a roadway worker, an emergency

responder outside their motor vehicle or another individual listed in the Bill.

Here

are some highlights:

The

driver who caused the injury or death is guilty of an offence if they caused it

by breaking one of the rules of the road listed in the Bill. The listed rules

include rules about unlicensed drivers, driving while using a cell phone,

speeding, careless driving, disobeying signs or lights at intersections or

pedestrian crossovers, proper signalling, sharing the road, safety near emergency

vehicles, safely opening car doors and other rules.

driver convicted of the offence is subject to the consequences for breaking the

rule, and to a mandatory probation order. The order will require the driver to

take a driving instruction course and perform community service. The community

service must include activity related to improving driving safety and public

education on driving safety. Their driver’s licence will be suspended during

the probation.

The

driver must also attend the sentencing hearing. Victim impact statements may be

presented during the sentencing hearing.

Bill 40 2022

Act to amend the Highway Traffic Act to provide for consequences to those who cause

injury or death to certain road users

His

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

Province of Ontario, enacts as follows:

The Highway Traffic Act is amended by adding the

following Part:

PART X.0.1

CONSEQUENCES FOR INJURY OR DEATH TO CERTAIN ROAD USERS

Offence

191.0.2

(1) Every driver

of a motor vehicle, other than a motor assisted bicycle, who causes or

contributes to causing death or serious bodily harm to an individual described

in subsection (2) by contravening one or more listed provisions under

subsection (3) is guilty of an offence.

Certain

road users

(2) The

following are the individuals referred to in subsection (1):

1. A

pedestrian.

2. An

individual on a bicycle or on a motor assisted bicycle.

3. An

individual in a wheelchair or other device driven by muscular or any other kind

of power that is designed for and used by a person whose mobility is limited by

one or more conditions or functional impairments.

4. An

individual who is on the highway because the individual is engaged in

construction, maintenance, repair or a similar function while on that part of

the highway.

5. An

individual who,

i. is,

A. a

police officer, a special constable, a First Nations Constable, a municipal law

enforcement officer or an auxiliary member of a police force, within the

meaning of the Police Services Act ,

B. a

firefighter within the meaning of the Fire Protection and

Prevention Act, 1997 ,

C. an

individual who attends on a call for an ambulance, or

D. an

emergency response worker,

ii. is

acting in the course of their duties, and

iii. is

not in or on a motor vehicle, street car or other motor vehicle running only

upon rails, motorized snow vehicle, traction engine, farm tractor,

self-propelled instrument of husbandry or road-building machine.

6. An

individual prescribed by the regulations.

Listed

provisions

(3) The

listed provisions referred to in subsection (1) are the following provisions:

1. Subsections

32 (1) and (3).

2. Subsections

53 (1) and (1.1).

3. Subsection

78 (1).

4. Subsections

78.1 (1) and (2).

Section

6. Subsections

130 (1) and (3).

7. Subsection

134 (1).

8. Subsections

135 (2) and (3).

9. Subsections

136 (1) and (2).

10. Subsection

138 (1).

11. Subsection

139 (1).

12. Subsections

140 (1) and (3).

13. Subsections

141 (2), (3), (5), (6) and (7).

14. Subsections

142 (1), (2) and (8).

15. Subsection

142.1 (1).

Section

17. Subsections

144 (5), (6), (7), (8), (9), (10), (11), (14), (15), (16), (17), (18), (19) and

(21).

18. Subsection

145 (1).

19. Subsections

146 (3), (4) and (5).

20. Subsections

146.1 (3) and (4).

21. Subsections

148 (1), (4), (6.1) and (8).

22. Subsection

149 (1).

23. Subsections

150 (1) and (2).

24. Subsection

151 (5).

25. Subsection

153 (1).

26. Subsection

154 (1).

27. Subsection

156 (1).

28. Subsection

157 (1).

29. Subsections

158 (1) and (2).

30. Subsections

159 (1), (2), (3) and (4).

Section

Section

Section

34. Subsections

163 (1) and (2).

Section

36. Subsection

165 (1).

37. Subsections

166 (1) and (2).

Section

Section

40. Subsection

170 (1).

41. Subsection

172 (1).

42. Subsections

175 (11), (11.1), (12), (12.1) and (12.2).

43. Subsection

176 (3).

44. Subsection

182 (2).

Relation

to absolute liability offence

(4) An

offence under subsection (1) is not an absolute liability offence, even if an

offence of contravening a listed provision is an absolute liability offence.

Sentence

191.0.3

(1) On

conviction of an offence under subsection 191.0.2 (1),

(

a) the

defendant is liable to the penalty to which the defendant would be liable if

they were convicted of contravening the listed provision or provisions;

(

b) any

other consequence that must be imposed for contravening the listed provision or

provisions shall be imposed on the defendant; and

(

c) any

other consequence that may be imposed for contravening the listed provision or

provisions may be imposed on the defendant.

Mandatory

probation order

(2) In

addition to the penalty and consequences imposed under subsection (1), on

conviction of the offence, the court shall direct that the defendant comply

with the conditions prescribed in a probation order.

Probation

order conditions

(3) The

probation order must remain in force for no more than one year from the date

when the order takes effect and must contain the following conditions, despite

clauses 72 (3) (

b) and (

c) of the Provincial Offences Act :

1. That

the defendant successfully complete a driving instruction course that satisfies

the requirements, if any, provided for by the regulations.

2. That

the defendant perform a community service as set out in the order.

Community

service

(4) The

probation order must, in respect of the community service condition ordered

under paragraph 2 of subsection (3),

(

a) set

the number of hours of community service required at no less than 50 hours and

no more than 200 hours; and

(

b) require

the community service to include activity related to public education on

driving safety or otherwise improving driving safety.

Licence

suspended

(5) The

driver’s licence of a person who is convicted of the offence is suspended for

the duration of the probation order.

Charging

procedure

191.0.4

(1) A

proceeding in respect of an offence under subsection 191.0.2 (1), or in respect

of an offence of contravening any listed provision the contravention of which

is alleged in respect of the offence under subsection 191.0.2 (1), shall be

commenced by laying an information under

Part III of the Provincial

Offences Act , not by filing a certificate of offence, despite subsection

3 (1) of the Provincial Offences Act .

Nullity

(2) A

proceeding referred to in subsection (1) is a nullity if it purports to be

commenced by filing a certificate of offence.

Attendance

at sentencing

191.0.5

(1) The

defendant in a proceeding in respect of an offence under subsection 191.0.2

(1) shall personally attend every sentencing hearing in respect of the offence,

even if the defendant acts by representative in the proceeding.

Defendant

fails to attend

(2) If

the defendant is not in personal attendance at a sentencing hearing in respect

of the offence, the court shall not hold the hearing until the defendant is in

personal attendance, despite clause 54 (1) (

a) of the Provincial

Offences Act , except under subsection 52 (1) of that Act.

Compel

attendance

(3) For

greater certainty, the court may exercise its powers under clause 54 (1) (

b) of

the Provincial Offences Act if the defendant fails

to personally attend sentencing proceedings.

Victim

impact statement

191.0.6

(1) In

determining the penalty and other consequences to be imposed for an offence

under subsection 191.0.2 (1), the court shall consider any statement of a

person who has suffered or claims to have suffered physical or emotional harm,

property damage or economic loss as the result of the commission of the

offence, including a person who has suffered or claims to have suffered

physical or emotional harm, property damage or economic loss as the result of

the commission of the offence against another person, describing,

(

a) the

physical or emotional harm, property damage or economic loss they have suffered

as the result of the commission of the offence; and

(

b) the

impact of the offence on them.

Presentation

of statement

(2) A

person may present the statement to the court in any manner that the court

considers appropriate.

Consideration

of statement

(3) In

considering the statement, the court shall take into account the portions of

the statement that it considers relevant to determining the penalty and other

consequences and disregard any other portion.

Breach

of probation order

191.0.7 A defendant who is

convicted of an offence under

section 75 of the Provincial

Offences Act in respect of a probation order imposed under subsection

191.0.3 (2) of this Act is liable to a fine of not more than $50,000 and, in

addition, their licence or permit may be suspended for a period of not more

than two years. Clause 75 (

d) of the Provincial Offences

Act does not apply.

Continuation

of probation order

191.0.8

(1) The

court may continue a probation order imposed under subsection 191.0.3 (2) with

such changes or additions and for such extended term, not exceeding an

additional year, as the court considers reasonable, if the defendant,

(

a) fails

to comply with the conditions of the probation order set out in paragraphs 1

and 2 of subsection 191.0.3 (3); and

(

b) shows

good cause for failing to comply.

Exception

(2) Subsection

(1) does not apply if the defendant is convicted of an offence under

section 75

of the Provincial Offences Act in respect of the

probation order.

Regulations

191.0.9 The Lieutenant Governor

in Council may make regulations,

(

a) prescribing

individuals for the purpose of paragraph 6 of subsection 191.0.2 (2);

(

b) respecting

requirements of driving instruction courses for the purpose of paragraph 1 of

subsection 191.0.3 (3).

Paragraph 3 of subsection 207 (2) of the Act is amended by striking out

“section 176, 182 or 199” at the end and substituting “section 176 or 182,

subsection 191.0.2 (1) or

section 199”.

Commencement

This Act comes into force six months after the day it receives Royal Assent.

Short

title

The

short title of this Act is the Moving Ontarians Safely Act, 2022 .

Date Bill stage Event Outcome Committee

November 20, 2023

Second Reading

Vote

Lost on division

November 16, 2023

Second Reading

Question put

Vote deferred

November 16, 2023

Second Reading

Debated

November 16, 2022

First Reading

Ordered for Second Reading

November 16, 2022

First Reading

Vote

Carried

November 16, 2022

First Reading

Vote

Carried

First Reading

November 16, 2022

Carried

Second Reading

November 16, 2023

Begum, Doly

Scarborough Southwest

Blais, Stephen

Orléans

Grewal, Hardeep

Brampton East

Harden, Joel

Ottawa Centre

Karpoche, Bhutila

Parkdale—High Park

Question put

November 20, 2023

Lost on division