Bill 59, Highway Traffic Amendment Act (Licence Suspensions), 1998

Versions

B059_E

Bill 59 1998

An Act to amend the Highway Traffic Act with respect to the suspension of drivers' licences

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

1. (1) Subsection (2) applies only if section 1 of the Comprehensive Road Safety Act, 1997 does not come into force before this section comes into force.

(2) Clauses 41 (1) (b) and (c) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 1, are repealed and the following substituted:

(b) under section 249 or 252 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act\;

(b.1) under section 253 or 255 of the Criminal Code (Canada) committed while,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care, charge or control of a vessel within the meaning of section 48;

(i) the driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) the operating or having the care, charge or control of a vessel within the meaning of section 48.

(3) Clauses 41 (1) (b) and (c) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 1, are repealed and clauses 41 (1) (b), (b.1) and (c) of the Act, as set out in subsection (2), are substituted.

2. (1) Subsection 48 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 4, is repealed and the following substituted:

Same, breathalyser test

(3) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a driver of a motor vehicle or operator of a vessel provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request the person to surrender his or her driver's licence.

Exception, operator of a vessel

(3.1) Nothing in subsection (3) authorizes a police officer to require the operator of a vessel to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada).

(2) Subsection 48 (13) of the Act is amended by adding the following definition:

vessel" means a vessel as defined in Part VIII of the Criminal Code (Canada), but does not include a vessel within that definition that is not equipped with a motor. ("bateau")

3. Subsection 210 (1) of the Act is amended by striking out "this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act" in the eighth, ninth and tenth lines and substituting "this Act, a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act or a vessel within the meaning of section 48 of this Act".

Commencement

4. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

5. The short title of this Act is the Highway Traffic Amendment Act (Licence Suspensions), 1998.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.