Road Safety Act, 1996
EXPLANATORY NOTES
Licence Suspensions
The Bill provides for a 90 day suspension of a driver's licence where a breath or blood analysis shows that the driver has a concentration of alcohol in his or her blood of more than 80 milligrams in 100 millilitres of blood or where the driver fails or refuses to provide a breath or blood sample in response to a demand made under the Criminal Code. This suspension is imposed administratively, based on a police officer's notification to the Registrar; it is independent of any charge or conviction under any Act. A person may appeal the suspension to the Licence Suspension Appeal Board only on the ground that he or she was not the person driving the vehicle at the relevant time or that he or she was unable to provide a breath or blood sample for medical reasons. (Sections 5, 7, 8, 10 and 30 of the Bill)
Fees to Reinstate Suspended Licences
The power in clause 5 (1) (d) of the Act to prescribe administrative fees for the reinstatement of suspended licences is expanded to allow for differential fees based on the grounds for the suspension or the reason for the reinstatement and to allow for exemptions from paying the fee. (Section 2 of the Bill)
Section 54 of the Act, which deals with deemed suspensions for persons who do not actually hold a permit or licence, is amended to expressly require the person who is subject to the deemed suspension to pay the licence reinstatement fee before a licence or permit will be issued to him or her. (Subsection 6 (1) and section 11 of the Bill)
Licence Suspension Appeal Board
The composition of the Licence Suspension Appeal Board is changed from three or more members to an unspecified number of members. If procedural rules for matters before the Board are established by regulation, they will prevail over the Statutory Powers Procedure Act or any rules made under that Act. (Section 9 of the Bill)
Conduct Review System
New section 57 provides for the establishment of a conduct review system to monitor any contravention of the Act and regulations. The new system may provide for the suspension or cancellation of drivers' licences or their change of class. (Sections 4 and 12 of the Bill)
Seat Belts
Section 106 of the Act, dealing with seat belt requirements, is amended by deleting the exemptions from the Act; all the exemptions will be in the regulations. The obligation on passengers to wear seat belts is limited to passengers who are sixteen years old or over. Passengers may be asked to identify themselves if a police officer has reason to believe they are contravening the section. (Sections 22 and 31 of the Bill)
Penalties
Many of the penalty provisions in the current Act that provide for a minimum fine of $100 and a maximum fine of $500 are amended to provide for a minimum fine of $200, $250 or $400 and a maximum fine of $20,000. Higher penalties are provided for where the offence is committed with a commercial motor vehicle. (Sections 3, 13 to 21 and 23 to 29 of the Bill)
Miscellaneous
The Deputy Minister's power under subsection 3 (4) of the Act to delegate the Registrar's powers and duties is amended so that it is not restricted to when the Registrar and Deputy Registrar are absent. (Section 1 of the Bill)
A housekeeping amendment is made to clause 46 (4) (d) of the Act - changing the term "cheque" to "payment". (Subsection 6 (2) of the Bill)
Bill1996
An Act to promote road safety by
implementing commercial trucking reforms,
drinking and driving countermeasures
and other aspects of Ontario's comprehensive
road safety plan
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 3 (4) of the Highway Traffic Act is amended by striking out "when the Registrar or Deputy Registrar is absent" at the end.
2. Clause 5 (1) (d) of the Act is repealed and the following substituted:
(d) providing for the payment of administrative fees for the reinstatement of suspended licences, including prescribing different fees based on the grounds for suspension or the reasons for reinstatement and providing for exemptions from payment of the fees.
3. Section 32 of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2, is further amended by adding the following subsection:
Penalty - commercial motor vehicle
(17) Despite subsection (16), every person who contravenes subsection (1), (3), (9) or (10) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.
4. Clauses 35 (1) (b) and (f) of the Act are repealed and the following substituted:
(b) display or cause or permit to be displayed or have in his or her possession a cancelled, revoked or suspended driver's licence or a driver's licence that has been changed in respect of its class, other than a Photo Card portion of the licence;
. . . . .
(f) fail to surrender to the Ministry upon its demand a driver's licence that has been suspended, revoked, cancelled or changed in respect of its class.
5. Section 41 of the Act is amended by adding the followingsubsection:
Suspension concurrent with s. 48.3 suspension
(3.1) The licence suspension under this section runs concurrently with the remaining portion, if any, of a suspension under section 48.3.
6. (1) Subsection 46 (3) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is amended by striking out "if it has not already been suspended under another order or direction referred to in subsection (2)" at the end.
(2) Clause 46 (4) (d) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is amended by striking out "cheque" in the second line and substituting "payment".
7. Section 48 of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 4, is further amended by adding the following subsection:
Suspension concurrent with s. 48.3 suspension
(5.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48.3.
8. The Act is amended by adding the following section:
Registrar notified by police
48.3 (1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle meets one of the criteria set out in subsection (3), the officer shall notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time prescribed by the regulations.
Suspension of driver's licence for ninety days
(2) Upon being notified under subsection (1), the Registrar shall suspend a person's driver's licence for a period of ninety days.
Criteria
(3) The criteria for the purpose of subsection (1) are:
1. The person had a concentration of alcohol in his or her blood in excess of 80 milligrams in 100 millilitres of blood, as shown by an analysis of the person's breath or blood taken pursuant to a demand made under section 254 of the Criminal Code (Canada) or pursuant to section 256 of the Criminal Code (Canada).
2. The person failed or refused to provide a breath or blood sample in response to a demand made under section 254 of the Criminal Code (Canada).
Effective date
(4) The suspension takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose licence is suspended.
Surrender of licence
(5) If notice of the suspension is delivered personally to the person by a police officer, the officer may request the person to surrender his or her driver's licence and, upon the request, the person shall forthwith surrender his or her driver's licence to the police officer.
Same
(6) If notice of the suspension is given to the person by mail, the person shall forthwith surrender to the Registrar his or her driver's licence, except the Photo Card portion of the licence, if the licence consists of a Photo Card and Licence Card.
Licence invalid
(7) Whether or not the person is unable or fails to surrender his or her driver's licence under subsection (5) or (6), the licence is suspended and invalid for any purpose for a period of ninety days from the time notice is given to the person.
Photo Card portion returned
(8) Every police officer to whom a driver's licence is surrendered under this section shall return the Photo Card portion of the licence to the person, if the licence consists of a Photo Card and Licence Card.
Licence delivered to Registrar
(9) A police officer who has notified the Registrar under subsection (1) or a police officer who has personally delivered notice of the suspension to the person shall, as soon as practicable, forward to the Registrar,
(a) the person's driver's licence, except the Photo Card portion, if the licence was surrendered to the police officer; and
(b) such other material or information as may be prescribed by the regulations.
Intent of suspension
(10) The suspension of a driver's licence under this section is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.
Removal of vehicle
(11) If the motor vehicle of a person whose licence issuspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage.
Cost of removal
(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer.
Protection from personal liability
(13) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension of a licence in good faith in the execution or intended execution of a duty under this section.
Crown not relieved of liability
(14) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (13) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (13) to which it would otherwise be subject.
Regulations
(15) The Lieutenant Governor in Council may make regulations,
(a) respecting the form, manner and time within which the Registrar must be notified under subsection (1);
(b) respecting the information to be provided to persons whose licences are suspended under this section;
(c) prescribing other material or information to be forwarded to the Registrar under subsection (9).
Definitions
(16) In this section and in section 50.1,
"driver's licence" includes a motorized snow vehicle operator's licence and a driver's licence issued by any other jurisdiction; ("permis de conduire")
"motor vehicle" includes a street car and a motorized snow vehicle. ("véhicule automobile")
Meaning of suspension for out-of-province licences
(17) With respect to a driver's licence issued by another jurisdiction, instead of suspending the person's driver'slicence, the Registrar shall suspend the person's privilege to drive a motor vehicle in Ontario for a period of ninety days, and this section and section 50.1 apply to the suspension of that privilege with necessary modifications.
9. (1) Subsection 49 (2) of the Act is repealed and the following substituted:
Composition
(2) The Board shall consist of such number of members as the Lieutenant Governor in Council may appoint, and one of them shall be designated as chair.
(2) Subsection 49 (4) of the Act is repealed and the following substituted:
Regulations
(4) The Lieutenant Governor in Council may make regulations,
(a) prescribing the duties of the Board;
(b) prescribing the fees to be paid on appeals to the Board, which may vary depending on the nature of the appeal, and prescribing the circumstances for their refund;
(c) prescribing rules of practice and procedure for proceedings before the Board, which may be of general or particular application;
Board's procedures
(5) In the event of a conflict between the rules made under clause (4) (c) and the Statutory Powers Procedure Act or any rules made under that Act, the rules made under clause (4) (c) prevail.
Same
(6) Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Board.
10. The Act is amended by adding the following section:
Appeal of ninety day suspension
50.1 (1) A person whose driver's licence is suspended under section 48.3 may appeal the suspension to the Board.
Grounds for appeal
(2) The only grounds on which a person may appeal under subsection (1) and the only grounds on which the Board may order that the suspension be set aside are,
(a) that the licence was suspended solely because of amistake as to the identity of the person who met one of the criteria set out in subsection 48.3 (3); or
(b) that the person failed or refused to comply with a demand made under section 254 of the Criminal Code (Canada) to provide a sample of breath or blood because he or she was unable to do so for a medical reason.
Supporting material
(3) A person who appeals to the Board under subsection (1) shall file such written material in support of the appeal as may be required by the regulations made under clause 49 (4) (c), together with such other material as the person may wish to submit, and the Board shall not hold a hearing until all the supporting material is filed.
Powers of Board
(4) The Board may confirm the suspension or may order that the suspension be set aside.
Licence reinstated
(5) If the Board orders that the suspension be set aside, it shall give written notice of the order to the appellant and the Registrar and, upon receipt of such notice, the Registrar shall reinstate the appellant's driver's licence, subject to any other suspension under this Act.
Decision final
(6) The decision of the Board under this section is final and binding.
Suspension not stayed
(7) The suspension under section 48.3 continues to apply despite the filing of an appeal under this section unless the Registrar reinstates the licence pursuant to the Board's order that the suspension be set aside, and this subsection prevails over the Statutory Powers Procedure Act.
When oral hearing required
(8) The Board is not required to hold an oral hearing under this section unless the appellant requests an oral hearing at the time of filing the appeal and bases the appeal on one of the grounds set out in subsection (2).
Exception
(9) Despite a request by the appellant for an oral hearing, the Board may order that the suspension be set aside on the basis of the material filed with the Board without holding an oral hearing.
Quorum
(10) One member of the Board is a quorum for the purposes ofan appeal under this section.
11. Section 54 of the Act is repealed and the following substituted:
Effect of suspension provisions if person holds no permit or licence
54. (1) If a permit or licence is required to be suspended under this Act, but the person whose permit or licence is to be suspended does not hold a permit or licence, the person shall be deemed for the purposes of this Act to be a person whose permit or licence has been suspended.
No permit or licence issued during suspension period
(2) No permit or licence shall be issued to a person who is disqualified from holding a permit or licence or who is deemed to be a person whose permit or licence has been suspended under subsection (1) until the period of the disqualification or suspension has expired and, in the case of a person who is deemed to be a person whose licence has been suspended, the person pays the prescribed administrative fee for the reinstatement of the licence.
Exception
(3) Despite subsection (2), a person who met the description in subsection 34 (1) at the time of the events that led to the disqualification or deeming is not required to pay the prescribed administrative fee for the reinstatement of the licence.
12. The Act is amended by adding the following section:
Conduct review system
57. (1) The Lieutenant Governor in Council may make regulations providing for a conduct review system with respect to any contravention of this Act and the regulations.
Same
(2) The conduct review system may provide for the suspension, cancellation or change of class of drivers' licences and may require the attendance of any driver before an official of the Ministry to show cause why his or her driver's licence should not be suspended, cancelled or changed in respect of its class.
Same
(3) The conduct review system may consist of one or more different systems for holders of different classes of driver's licence.
13. Section 62 of the Act, as amended by the Statutes of Ontario, 1994, chapter 35, section 1, is further amended by adding the following subsection:
Penalty - commercial motor vehicle
(33) Every person who contravenes subsection (1), (6), (7), (9), (10), (11), (13), (14), (15), (16), (22), (24), (25), (26) or (29) or who contravenes a regulation made under subsection (21) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.
14. Section 64 of the Act is amended by adding the following subsection:
Penalty
(9) Every person who contravenes subsection (1), (5) or (7) or a regulation made under subsection (6) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1) or any trailer within the meaning of subsection (5) that is drawn by a commercial motor vehicle within the meaning of subsection 16 (1),
on conviction is liable to a fine of not less than $400 and not more than $20,000.
15. Section 66 of the Act is amended by adding the following subsection:
Penalty
(6) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1) or a trailer that is drawn by a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.
16. Section 70 of the Act is amended by adding the following subsection:
Same - commercial motor vehicle
(4.1) Despite subsection (4), every person who contravenes this section or any regulation made under this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.
17. Subsection 71 (4) of the Act is amended by striking out "$1,000" in the last line and substituting "$20,000".
18. Section 80 of the Act is amended by adding the following subsection:
Penalty
(2) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.
19. Section 84 of the Act is amended by adding the following subsection:
Penalty
(2) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $400 and not more than $20,000.
20. Section 85 of the Act is amended by adding the following subsection:
Penalty
(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.
21. Subsections 99 (1) and (2) of the Act are repealed and the following substituted:
Penalty
(1) Subject to subsection (1.1), any person who contravenes sections 88 to 98 or the regulations made under section 100 is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.
Same
(1.1) Any person who contravenes subsection 90 (3), 91 (1), 92 (1) or 98 (6) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000.
Same
(2) Any person who makes a false statement in a safety standards certificate is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000.
22. (1) Subsection 106 (3) of the Act is amended by striking out "Subject to subsection (5)" in the first line.
(2) Subsection 106 (4) of the Act is amended by striking out "Subject to subsection (5), every person" in the first line and substituting "Every person who is sixteen years of age or over and".
(3) Subsection 106 (5) of the Act is repealed.
(4) Subsection 106 (8) of the Act is repealed and the following substituted:
Police may request passenger's identification
(8) A police officer or officer appointed for carrying out the provisions of this Act may request that a passenger in a motor vehicle who appears to be at least 16 years old identify himself or herself if the officer has reason to believe that the passenger is contravening this section or the regulations made under this section.
Same
(8.1) A passenger who is requested to identify himself or herself under subsection (8) shall give the officer reasonable identification of himself or herself and, for such purposes, giving his or her correct name and address is reasonable identification.
23. Subsections 107 (14), (15) and (16) of the Act are repealed and the following substituted:
Offence and penalty
(14) Every person who contravenes this section or a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both.
24. Section 109 of the Act, as amended by the Statutes of Ontario, 1993, chapter 34, section 3 and 1994, chapter 27, section 138, is further amended by adding the following subsection:
Same - commercial motor vehicle
(15.1) Despite subsection (15), every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, the permit issued for the vehicle under section 7 may be suspended for not more than six months.
25. Subsection 110 (7) of the Act is amended by striking out "not less than $100 and not more than $500" in the fifth and sixth lines and substituting "not less than $200 and not more than $20,000".
26. Section 111 of the Act is amended by adding the following subsection:
Same - commercial motor vehicle
(5) Despite subsection (4), every person who contravenes this section or a regulation made under subsection (3) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, his or her driver's licence issued under section 32 and permit issued under section 7 may be suspended for a period of not more than 60 days.
27. Section 124 of the Act is amended by adding the following subsections:
Same - commercial motor vehicle
(6.1) Despite subsection (6), every driver of a commercial motor vehicle within the meaning of subsection 16 (1) who, when required under subsection (1) or (3) to proceed to a weigh scale, refuses or fails to do so is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and to the suspension of his or her driver's licence for a period of not more than 30 days.
. . . . .
Same - commercial motor vehicle
(8) Despite subsection (7), every driver of a commercial motor vehicle within the meaning of subsection 16 (1), who,
(a) when required under subsection (5) to redistribute or remove part of a load refuses or fails to do so or to make arrangements to do so; or
(b) obstructs any weighing, measuring or examination authorized by this section,
is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.
28. Section 125 of the Act is repealed and the following substituted:
Offence and penalty
125. Every person who contravenes subsection 115 (1), section 116, 117 or 118, subsection 119 (4), section 120 or subsection 122 (1), (2) or (3) or a regulation made under subsection 123 (1) or a by-law made under subsection 123 (2) is guilty of an offence and on conviction is liable to a fine of,
(a) $5 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is less than 2,500 kilograms, but in no case shall the fine be less than$100;
(b) $10 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 2,500 kilograms or more but is less than 5,000 kilograms;
(c) $12 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 5,000 kilograms or more but is less than 7,500 kilograms;
(d) $15 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 7,500 kilograms or more but is less than 10,000 kilograms;
(e) $20 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 10,000 kilograms or more but is less than 15,000 kilograms; and
(f) $25 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 15,000 kilograms or more.
29. Subsections 190 (8) and (9) of the Act are repealed and the following substituted:
Offence and penalty
(8) Every person who contravenes this section or a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both.
30. Section 197 of the Act is amended by adding the following subsection:
Exception
(3) Subsection (1) does not apply,
(a) where notice of the suspension has been delivered personally to the person whose licence or permit has been suspended; or
(b) to a suspension under section 48.3.
31. Subsection 217 (2) of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 8, is further amended by striking out "section 51, 53, 130, 172 or 184" in the sixth lineand substituting "section 51 or 53, subsection 106 (8.1), section 130, 172 or 184".
Commencement
32. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
33. The short title of this Act is the Road Safety Act, 1996.