Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 Del Duca, Hon. Steven Minister of Transportation — Bill 31 (41st Parliament, 1st Session)

Bill 31, 41-1

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Bill 31, Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015

Del Duca, Hon. Steven Minister of Transportation

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As Amended by Standing Committee

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[41] Bill 31 Royal Assent (PDF)

Bill 31 2015

An Act to amend the

Highway 407 East Act, 2012 and the Highway Traffic Act in respect of various

matters and to make a consequential amendment to the Provincial Offences Act

Her Majesty, by and

with the advice and consent of the Legislative Assembly of the Province of

Ontario, enacts as follows:

Highway 407 East Act, 2012

1. (1) Subsection

11 (3) of the Highway 407 East Act, 2012 is amended

by striking out “Subject to subsection (4)” at the beginning.

(2) Subsections

11 (4), (5) and (6) of the Act are repealed.

2. Subsection

16 (2) of the Act is repealed.

3. Clause

17 (

g) of the Act is repealed.

Highway Traffic Act

4. (1) Subsections

7 (10) to (12) of the Highway Traffic Act are repealed

and the following substituted:

No permit when fines

unpaid re specified offences

(10) If

the payment of a fine imposed on conviction for an offence described in

subsection (11) is in default, an order or direction may be made under

section

69 of the Provincial Offences Act directing that,

(

a) a permit held

by the convicted person not be validated until the fine is paid; and

(

b) no permit be

issued to the convicted person until the fine is paid.

Same,

specified offences

(11) The following are the offences referred

to in subsection (10):

1. A

parking infraction.

2. An

offence under subsection 39.1 (2).

3. An

offence where the conviction is based on evidence obtained through the use of a

photo-radar system.

4. An offence

where the conviction is based on evidence obtained through the use of a red

light camera system.

5. An offence

under subsection 175 (19) or (20).

Same, validation of

more than one permit

(12) For

the purposes of clause (10) (a), if a person holds more than one permit, the

order or direction may apply, at any given time, to prevent validation of only

one of the permits.

No permit when fines

unpaid re s. 46 (1) offences

(12.0.1) If

the payment of a fine imposed on conviction for an offence described in

subsection 46 (1) (other than an offence described in subsection (11)) is in

default, an order or direction may be made under

section 69 of the Provincial Offences Act directing that,

(

a) no permit held by the convicted

person be validated until the fine is paid; and

(

b) no permit be issued to the

convicted person until the fine is paid.

(2) Subsection

7 (24) of the Act is amended by adding the following clause:

(n.1) providing for exemptions from

the application of orders or directions made under

section 69 of the Provincial Offences Act pursuant to subsection (12.0.1),

including exemptions from all or part of an order or direction and providing

for conditions or limitations on exemptions;

(3) Section

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

Application of subss.

(10) and (12.0.1)

(25) Subject

to any exemptions in the regulations, subsections (10) and (12.0.1) apply with

respect to an offence even if the offence, conviction, imposition of the fine

or default of payment of the fine occurred before those subsections, as enacted

by subsection 4 (1) of the Transportation Statute Law

Amendment Act (Making Ontario’s Roads Safer), 2015 , come into force.

Section

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

Display, possession

of suspended licence permitted

(3.1) Despite

clause (1) (b), a person may display or cause or permit to be displayed or have

in his or her possession a driver’s licence that has been suspended under a

provision or for a reason under this Act that is prescribed by regulation made

under subsection 211 (5).

6. (1) Subsection

41 (1) of the Act is amended,

(

a) by

striking out “Subject to subsections 41.1 (1), (2) and (3)” at the beginning of

the portion before clause (a); and

(

b) by

striking out “is thereupon suspended” in the portion before clause (

f) and

substituting “is thereupon suspended, subject to any continuation under

subsection (4.1) or early reinstatement under

section 57”.

(2) Subsection 41 (4.1) of the Act is

repealed and the following substituted:

Suspension

continued until conduct review program completed

(4.1) The suspension of a person’s driver’s

licence under clause (1) (

f) or (

g) continues beyond the one-year or

three-year period of suspension imposed under those clauses until the person

has successfully completed any conduct review program under

section 57 that he

or she has been required to participate in.

Same,

transition

(4.2) Despite the repeal of

section 41.1

under

section 7 of the Transportation Statute Law

Amendment Act (Making Ontario’s Roads Safer), 2015 , the suspension of a

driver’s licence that was imposed under subsection 41.1 (3) before its repeal

and that was in effect on the day of its repeal is deemed to continue until the

holder of the driver’s licence successfully completes any remedial program that

he or she was required to participate in under

section 41.1 or any conduct

review program that he or she was required to participate in under

section 57,

as the case may be.

Transition,

ignition interlock condition

(4.3) Despite the repeal of

section 41.2

under

section 7 of the Transportation Statute Law

Amendment Act (Making Ontario’s Roads Safer), 2015 , a condition that was

imposed on a driver’s licence under subsection 41.2 (1), (5) or (9) before its

repeal and that was in effect on the day of its repeal is deemed to continue until

the condition is removed or replaced under a conduct review program under

section 57.

7. Sections

41.1, 41.2 and 41.3 of the Act are repealed.

8. Subsection

41.4 (1) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Administrative

vehicle impoundment for contravening ignition interlock condition

(1) Where a police officer is

satisfied that a person was driving a motor vehicle in contravention of a

condition imposed on the person’s driver’s licence under a conduct review

program under

section 57 that prohibits him or her from driving a motor vehicle

that is not equipped with an ignition interlock device, the officer shall

detain the motor vehicle that was being driven by the person and the vehicle

shall, at the cost and risk of its owner,

. . . .

9. (1) Subsection

48 (5) of the Act is amended by striking out “section 48.1, 48.2.1 or 48.3” at

the end and substituting “section 48.0.1, 48.1, 48.2.1, 48.3 or 48.3.1”.

(2) Subsection 48 (11) of the Act is

repealed and the following substituted:

Duties

of officer

(11) Every police officer who asks for the

surrender of a licence under this

section shall,

(

a) notify

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

form and manner and within the time required by the Registrar;

(

b) keep

a record of the licence received with the name and address of the person and

the date and time of the suspension;

(

c) provide

the licensee with a written statement of the time from which the suspension

takes effect, the period of time for which the licence is suspended and the

place where the licence may be recovered; and

(

d) forward

to the Registrar such other material or information as may be prescribed by the

regulations.

(3) Subsection 48 (17) of the Act is

repealed and the following substituted:

Regulations

(17) The Lieutenant Governor in Council may

make regulations prescribing other material or information to be forwarded to

the Registrar under clause (11) (d).

(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 and a motorized

snow vehicle; (“véhicule automobile”)

(5) Subsection 48 (19) of the Act is

repealed and the following substituted:

Meaning

of suspension for out-of-province licences

(19) With respect to a driver’s licence

issued by another jurisdiction, instead of the person’s driver’s licence being

suspended, the person’s privilege to drive a motor vehicle in Ontario is suspended

for the applicable period determined under subsection (14), and this

section

and

section 53 apply to the suspension of that privilege with necessary

modifications.

10. The

Act is amended by adding the following section:

Short-term

administrative licence suspension for drug or drug and alcohol impairment

Licence surrendered

48.0.1

(1) Where

a police officer is satisfied that a person driving or having the care, charge

or control of a motor vehicle or operating or having the care or control of a

vessel meets the criteria set out in subsection (2), and where the officer

reasonably believes, taking into account all of the circumstances, including

the criteria set out in subsection (2), that the person’s ability to operate a

motor vehicle or vessel is impaired by a drug or by a combination of a drug and

alcohol, the officer shall request that the person surrender his or her

driver’s licence.

Criteria

(2) The

criteria for the purpose of subsection (1) are the following:

1. The person

has performed physical co-ordination tests under paragraph

254 (2) (

a) of the Criminal Code (Canada) in

connection with the driving or the care, charge or control of a motor vehicle

or with the operating or the care or control of a vessel.

2. The person

has performed or submitted to tests or examinations

prescribed by regulation for the purpose of this section, if any, in connection

with the driving or the care, charge or control of a motor vehicle or with the operating

or the care or control of a vessel.

Licence suspension

(3) Upon

a request being made under subsection (1), the person to whom the request is

made shall forthwith surrender his or her driver’s licence to the police

officer and, whether or not the person is unable or fails to surrender the

licence to the police officer, his or her driver’s licence is suspended for,

(

a) three days, in the case of a

first suspension under this section;

(

b) seven days, in the case of a

second suspension under this section;

(c) 30

days, in the case of a third or subsequent suspension under this section.

Same

(4) A previous suspension that

took effect more than five 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 (3).

Suspension concurrent with other administrative

suspensions

(5) The licence suspension under this

section runs concurrently with a suspension, if any, under

section 48, 48.1,

48.2.1, 48.3 or 48.3.1.

No right to be heard

(6) A

person has no right to be heard before the suspension of a driver’s licence

under this section.

Application of s. 48

(7) Subsections

48 (10) to (13) and (17) to (19) apply to this

section with necessary

modifications.

Regulations

(8) The

Lieutenant Governor in Council may make regulations for the purpose of

paragraph 2 of subsection (2) prescribing and governing tests and examinations

described in or under the Criminal Code (Canada).

(1) Subsection

48.1 (5.3) of the Act is amended by striking out “section 48, 48.2.1 or 48.3”

at the end and substituting “section 48, 48.0.1, 48.2.1, 48.3 or 48.3.1”.

(2) Subsection

48.1 (10) of the Act is repealed and the following substituted:

Duties of officer

(10) Every

police officer who asks for the surrender of a licence under this

section

shall,

(

a) notify the Registrar of that

fact, or cause the Registrar to be so notified, in the form and manner and

within the time required by the Registra

Document details

Collection	Ontario — Bills
Citation	Bill 31, 41-1
Type	bill
Volume / chapter	p41 s1 bill 31 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f2bea333299bbaa3ba94d237cfe34ed5e294e6c3

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