Bill 80, Juvenile Delinquents Act (Ontario), 1996

Versions

Juvenile Delinquents Act (Ontario), 1996

EXPLANATORY NOTES

The Bill imposes a curfew requirement on persons under 18 years of age who have been convicted of offences under the Criminal Code (Canada) or provincial offences. A discharge for an offence under the Criminal Code (Canada) is counted in the same way as a conviction. The curfew lasts from 10 p.m. until 6 a.m. the following day. The curfew applies for a term of six months in the case of persons convicted of one offence and 12 months in the case of persons convicted of more than one offence. Extensions of the term of the curfew are cumulative. It is an offence to violate a curfew.

The Bill also creates an offence for persons under 16 years of age who have been convicted of offences under the Criminal Code (Canada) or provincial offences to be in a public place between the hours of 9 a.m. and 2 p.m. on a day on which, under the Education Act, they are required to attend a school.

A person whom a police officer believes on reasonable and probable grounds is contravening a curfew requirement or a requirement to attend school is required to produce identification to the police officer upon request. Failure to comply constitutes an offence.

Amendments to the Highway Traffic Act

A person who, based on conduct while under 18 years of age, has been convicted of two offences under the Criminal Code (Canada) or three offences found in the Criminal Code (Canada) or a provincial Act is not entitled to apply for a driver's licence until attaining the age of 19 years. By contrast, a person who has not received those convictions can apply at the age of 16 years. A discharge for an offence under the Criminal Code (Canada) is counted in the same way as a conviction. If the person already has a driver's licence, it is suspended until the person attains the age of 19 years.

Amendments to the Liquor Licence Act and the Ontario Casino Corporation Act, 1993

A person who, based on conduct while under 18 years of age, has been convicted of two offences under the Criminal Code (Canada) or three offences found in the Criminal Code (Canada) or a provincial Act is not entitled to consume or purchase liquor or to play games of chance in a casino operated by the Ontario Casino Corporation until attaining the age of 22 years. By contrast, a person who has not received those convictions qualifies at the age of 19 years. A discharge for an offenceunder the Criminal Code (Canada) is counted in the same way as a conviction.

Amendments to the Ontario Lottery Corporation Act

No person is entitled to sell a lottery ticket to a person under 21 years of age who, based on conduct while under 18 years of age, has been convicted of two offences under the Criminal Code (Canada) or three offences found in the Criminal Code (Canada) or a provincial Act. By contrast, the prohibition with respect to a person who has not received those convictions expires when the person attains the age of 18 years. A discharge for an offence under the Criminal Code (Canada) is counted in the same way as a conviction.

In addition, if Bill 75 is enacted, a person who has received those convictions is not entitled to play a video lottery until attaining the age of 22 years, as opposed to the age of 19 years if the person has not received those convictions.

Bill1996

An Act to curtail Repeat Offences

by Juvenile Delinquents

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purposes

1. The purposes of this Act are,

(a) to reduce the risk that persons under 18 years of age who have been convicted of one or more offences will cause disturbances in public places during nighttime hours;

(b) to reduce the risk that persons under 16 years of age who have been convicted of one or more offences will fail to attend school from 9 a.m. to 2 p.m. on a day on which the Education Act requires them to attend school;

(d) to reduce the privileges that persons who are convicted of one or more offences for conduct while under 18 years of age are entitled to receive from the Crown in right of Ontario, thereby encouraging all persons under 18 years of age to behave responsibly and protecting the interests of society.

Curfew

2. (1) Subject to the regulations made under this Act, a person under 18 years of age who has been convicted of an offence under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature shall not be in a public place between the hours of 10 p.m. and 6 a.m. the following day except if,

(a) the person is accompanied by,

(i) an individual of at least 18 years of age who has lawful custody of the person,

(ii) an individual of at least 18 years of age who, under a written agreement or a court order, is required to provide for the person, has custody of the person or has a right of access to the person, or

(iii) the person's spouse who is at least 18 years of age;

(b) the person is performing duties that are required in the course of the person's lawful employment and is carrying a letter from the employer authorizing the person to perform those duties;

(c) the person is travelling directly from the person's lodgings to the person's place of lawful employment to report for that employment, or directly back again to the lodgings, and the person is carrying a letter from the employer identifying the person as an employee; or

(d) the person is travelling directly from the person's lodgings to a place to receive emergency medical treatment or directly back again to the lodgings.

Duration of curfew

(2) The prohibition set out in subsection (1) that applies to a person lasts,

(a) for a term of six months following the person's conviction if the person has been convicted of only one offence mentioned in that subsection; and

(b) for a term of 12 months following the person's most recent conviction if the person has been convicted of more than one offence mentioned in that subsection.

Cumulative effect

(3) If the term of a prohibition set out in subsection (1) that applies to a person as a result of a conviction for an offence mentioned in that subsection has not expired when the person is convicted of a subsequent offence mentioned in that subsection, the time period set out in clause (2) (b) is added to the unexpired portion of the term of the prohibition.

Same, discharge

(4) Subsections (1) and (2) apply in the same manner to a person who is found guilty of an offence under the Criminal Code (Canada) and in respect of whom an order for a discharge is made under section 736 of that Act as to a person convicted of that offence.

Offence

(5) A person who contravenes subsection (1) is guilty of an offence and, despite the Provincial Offences Act, on conviction is liable to,

(a) a fine of at least the amount calculated as follows:

$400 x the number of convictions; and

(b) imprisonment for at least the term calculated asfollows:

3 months x the number of convictions.

School attendance

3. (1) Subject to the regulations made under this Act, a person under 16 years of age who has been convicted of an offence under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature and who, under section 21 of the Education Act, is required to attend a school shall not be in a public place, other than the school, between the hours of 9 a.m. and 2 p.m. on a day on which the person is required to attend the school except if,

(a) the person is accompanied by,

(i) an individual of at least 18 years of age who has lawful custody of the person,

(iii) the person's spouse who is at least 18 years of age;

(b) the person is performing duties that a teacher at the school has authorized in a letter that the person is carrying;

(c) the person is travelling directly from the person's lodgings to the school to attend for the day, or directly back again to the lodgings, and the person is carrying a letter from a teacher at the school identifying the person as a pupil at the school; or

(d) the person is travelling directly from the person's lodgings to a place to receive emergency medical treatment or directly back again to the lodgings.

Same, discharge

(2) Subsection (1) applies in the same manner to a person who is found guilty of an offence under the Criminal Code (Canada) and in respect of whom an order for a discharge is made under section 736 of that Act as to a person convicted of that offence.

Offence

(3) A person who contravenes subsection (1) is guilty of an offence and, despite the Provincial Offences Act, on conviction is liable to a fine of at least $400.

Production of identification

4. (1) A person whom a police officer believes on reasonable and probable grounds is contravening subsection 2 (1) or 3 (1) shall produce to the police officer upon request all identification required to commence a proceeding against the person under the Provincial Offences Act.

Offence

(2) A person who contravenes subsection (1) is guilty of an offence and, despite the Provincial Offences Act, on conviction is liable to a fine of at least $400.

Regulations

5. The Lieutenant Governor in Council may make regulations,

(a) specifying offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature for which a conviction or an order for discharge made under section 736 of the Criminal Code (Canada) does not give rise to the prohibition set out in subsection 2 (1) or 3 (1);

(b) exempting any person or class of persons from any or all of the provisions of this Act;

AMENDMENTS TO THE HIGHWAY TRAFFIC ACT

6. (1) Section 32 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2, is further amended by adding the following subsections:

Juvenile delinquent disqualified

(14.1) Despite the regulations, an applicant for a driver's licence who is not at least 19 years of age is not entitled to the licence if, on the basis of conduct while under 18 years of age, the person has been convicted,

(a) two times of any offences under the Criminal Code (Canada); or

(b) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

(14.2) Subsection (14.1) applies in the same manner to a person who is found guilty of an offence under the Criminal Code(Canada) and in respect of whom an order for a discharge is made under section 736 of that Act as to a person convicted of that offence.

(2) The Act is amended by adding the following section:

Suspension for juvenile delinquent

41.1 (1) The driver's licence of a person is suspended until the person reaches the age of 19 years if the person, on the basis of conduct while under 18 years of age, has been convicted,

(a) two times of any offences under the Criminal Code (Canada); or

(b) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

AMENDMENTS TO THE LIQUOR LICENCE ACT

7. (1) Subsection 30 (1) of the Liquor Licence Act is repealed and the following substituted:

Sale to person under certain age

(1) No person shall knowingly sell or supply liquor to a person under 19 years of age or a person described in subsection (1.1).

Extension to 22 years of age

(1.1) This section also applies to a person under 22 years of age who, on the basis of conduct while under 18 years of age, has been convicted,

(a) two times of any offences under the Criminal Code (Canada); or

(b) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

(1.2) Subsection (1.1) applies in the same manner to a person who is found guilty of an offence under the Criminal Code (Canada) and in respect of whom an order for a discharge is madeunder section 736 of that Act as to a person convicted of that offence.

(2) Subsection 30 (2) of the Act is amended by adding at the end "or who appears to be a person described in subsection (1.1)".

(3) Subsection 30 (3) of the Act is amended by inserting "or a person described in subsection (1.1)" after "age" in the third line.

(4) Subsection 30 (4) of the Act is amended by inserting "or who appears to be a person described in subsection (1.1)" after "age" in the third line.

(5) Subsection 30 (5) of the Act is amended by inserting "at least" after "person" in the third line.

(6) Subsection 30 (7) of the Act is amended by adding at the end "or who appears to be a person described in subsection (1.1)".

(7) Subsection 30 (8) of the Act is amended by inserting "and no person described in subsection (1.1)" after "age" in the first line.

(8) Subsection 30 (9) of the Act is amended by inserting "at least" after "person" in the first and second lines.

(9) Subsection 30 (10) of the Act is repealed and the following substituted:

Entering premises

(10) No person under 19 years of age and no person who is described in subsection (1.1) shall enter or remain on premises in which the sale of liquor is authorized if the person knows that a condition of the licence or permit for the premises prohibits the entry of those persons.

(10) Clause 30 (13) (a) of the Act is amended by inserting "or a person described in subsection (1.1)" after "age" in the second line.

AMENDMENTS TO THE ONTARIO CASINO CORPORATION ACT, 1993

8. (1) Subsection 8 (3) of the Ontario Casino Corporation Act, 1993 is repealed and the following substituted:

Excluded individuals

(3) The Corporation shall not permit individuals to play games of chance at casinos if,

(a) they are under 19 years of age; or

(b) they are under 22 years of age and, on the basis of conduct while under 18 years of age, have been convicted,

(i) two times of any offences under the Criminal Code (Canada), or

(ii) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

(3.1) Subsection (3) applies in the same manner to a person who is found guilty of an offence under the Criminal Code (Canada) and in respect of whom an order for a discharge is made under section 736 of that Act as to a person convicted of that offence.

(2) Subsection 18 (1) of the Act is repealed and the following substituted:

Offences

(1) Every individual who plays a game of chance in a casino is guilty of an offence if,

(a) the individual is under 19 years of age; or

(b) the individual is under 22 years of age and, on the basis of conduct while under 18 years of age, has been convicted,

(i) two times of any offences under the Criminal Code (Canada), or

(ii) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

(1.1) Subsection (1) applies in the same manner to a person who is found guilty of an offence under the Criminal Code (Canada) and in respect of whom an order for a discharge is made under section 736 of that Act as to a person convicted of that offence.

AMENDMENTS TO THE ONTARIO LOTTERY CORPORATION ACT

9. (1) Subsection 8.1 (1) of the Ontario Lottery Corporation Act, as enacted by the Statutes of Ontario, 1992, chapter 29, section 1, is repealed and the following substituted:

Prohibited sales

(1) No person authorized to sell lottery tickets and no person acting on that person's behalf shall sell a lottery ticket to,

(a) a person who is under 18 years of age; or

(b) a person who is under 21 years of age and, on the basis of conduct while under 18 years of age, has been convicted,

(i) two times of any offences under the Criminal Code (Canada), or

(ii) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

No infringement of Human Rights Code

(1.2) Subsection (1) shall be deemed not to infringe the right of a person under section 1 of the Human Rights Code to equal treatment with respect to services, goods and facilities without discrimination because of age.

(2) Subsection (3) applies only if Bill 75 (An Act to regulate alcohol and gaming in the public interest, to fund charities through the responsible management of video lotteries and to amend certain statutes related to liquor and gaming, introduced on June 13, 1996) receives Royal Assent.

(3) On the later of the day this Act comes into force and the day subsection 6 (3) of Bill 75 comes into force, subsections 8.1 (2) and (3) of the Act, as enacted by subsection 6 (3) of Bill 75, are repealed and the following substituted:

Prohibition re video lottery terminals

(2) No person in control of premises where there are video lottery terminals and no person acting on that person's behalf shall,

(a) permit a person under 19 years of age or a person described in subsection (3.1) to have access to the gaming premises area where the video lottery terminals are located; or

(b) permit a person under 19 years of age or a person described in subsection (3.1) to play a video lottery.

Same

(3) No person under 19 years of age and no person described in subsection (3.1) shall,

(a) seek access to the gaming premises area where video lottery terminals are located; or

(b) play a video lottery.

Extension to 22 years of age

(3.1) Subsections (2) and (3) also apply to a person under 22 years of age who, on the basis of conduct while under 18 years of age, has been convicted,

(a) two times of any offences under the Criminal Code (Canada); or

(b) three times of any offences under the Criminal Code (Canada), an Act of the Legislature or a regulation or by-law made under the authority of an Act of the Legislature.

Same, discharge

(3.2) Subsection (3.1) applies in the same manner to a person who is found guilty of an offence under the Criminal Code (Canada) and in respect of whom an order for a discharge is made under section 736 of that Act as to a person convicted of that offence.

COMMENCEMENT AND SHORT TITLE

Commencement

10. This Act comes into force on the day it receives Royal Assent.

Short title

11. The short title of this Act is the Juvenile Delinquents Act (Ontario), 1996.