Bill 101, Motorized Snow Vehicles Amendment Act, 2000

Jackson, Hon. Cameron Minister of Tourism

Versions

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 101 Royal Assent (PDF)

Bill 101

Bill 1012000

An Act to promote

snowmobile trail sustainability

and enhance safety and enforcement

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

1. Section 1 of the Motorized Snow Vehicles Act, as amended by the Statutes of Ontario, 1997, chapter 41, section 122, is further amended by adding the following definition: "

trail permit" means a permit issued under section 2.1. ("permis de conduire sur une piste")

2. (1) Subsection 2 (3) of the Act is amended by striking out "the Ministry or any person authorized by the Minister" and substituting "the Minister or any person authorized by the Minister".

(2) Subsection 2 (8) of the Act is repealed and the following substituted:

Display of evidence of permit

(8) Every driver of a motorized snow vehicle shall display evidence of the issue or validation of the permit on the motorized snow vehicle in the form and manner prescribed by the regulations.

(3) Section 2 of the Act is amended by adding the following subsection:

Offence for failing to have a permit

(8.1) Every driver of a motorized snow vehicle who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

(4) Subsection 2 (10) of the Act is amended by striking out "and may authorize and fix the fee to be retained" and substituting "and, despite section 2 of the Financial Administration Act, may authorize and fix the fee to be retained".

3. The Act is amended by adding the following section:

Trail permit required

2.1 (1) No person shall drive a motorized snow vehicle upon a prescribed trail except under the authority of, and in accordance with, a trail permit for the motorized snow vehicle issued under subsection (2) or except on lands occupied by the owner of the motorized snow vehicle.

Issuance of trail permits

(2) Upon the application of the owner of a motorized snow vehicle and payment of the required fee, the Minister or any person authorized by the Minister shall,

(a)issue for the motorized snow vehicle a numbered trail permit in accordance with the regulations; and

(b)provide such evidence of the issue of the trail permit for display upon the motorized snow vehicle as may be prescribed by the regulations.

Validity of trail permit

(3) A trail permit is valid during the period of time prescribed by the regulations.

Display of evidence of trail permit

(4) Every driver of a motorized snow vehicle upon a prescribed trail shall display evidence of the issue of the trail permit on the motorized snow vehicle in the form and manner prescribed by the regulations.

Local issuance of trail permits

(5) The Minister may give authority to any person to issue trail permits and to provide evidence of such issue of trail permits and may define the duties and powers of such person and, despite section 2 of the Financial Administration Act, may authorize the fee to be retained by the person so authorized for each trail permit issued.

Offence

(6) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

Fees

(7) The Minister may establish fees for the issuance and replacement of trail permits and for evidence of the issue of trail permits.

Regulations re trail permits

(8) The Lieutenant Governor in Council may make regulations respecting any matter ancillary to the provisions of this section with respect to trail permits and in particular,

(a)prescribing trails or classes of trails, or parts of trails or classes of trails, on which trail permits are required;

(b)respecting the issuance and replacement of trail permits;

(c)prescribing the term of validity of trail permits;

(d)governing the form and manner of displaying evidence of the issue of trail permits on motorized snow vehicles;

(e)prescribing records to be kept by the Ministry, or by a person authorized under subsection (5) to issue trail permits, with respect to the issuance of trail permits.

4. Subsections 10 (3) and (4) of the Act are repealed and the following substituted:

Local issuance of licences

(3) The Minister may give authority to any person to issue motorized snow vehicle operator's licences and may define the duties and powers of such person and, despite section 2 of the Financial Administration Act, may authorize and fix the fee to be retained by the person so authorized for each motorized snow vehicle operator's licence issued.

5. The Act is amended by adding the following section:

Crown not liable for delegate's acts

10.1 (1) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a)for any act done in good faith in the execution or intended execution of a power or duty delegated under subsection 2 (10), 2.1 (5) or 10 (3) or for an alleged neglect or default in the execution in good faith of a power or duty delegated under those subsections; or

(b)for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under subsection 2 (10), 2.1 (5) or 10 (3).

Crown not liable for delegation

(2) No action or other proceeding shall be instituted against the Crown, the Minister or any officer or employee of the Ministry for any act done in good faith in the execution or intended execution of a power or duty under subsection 2 (10), 2.1 (5) or 10 (3) or for any alleged neglect or default in the execution in good faith of a power or duty under those subsections.

Exception

(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (2) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject.

6. (1) Subsections 12 (1), (2) and (3) of the Act are repealed and the following substituted:

Insurance

(1) No person shall drive a motorized snow vehicle unless the vehicle is insured under a motor vehicle liability policy in accordance with the Insurance Act, and the owner of a motorized snow vehicle shall not permit any person to drive the vehicle unless the vehicle is so insured.

Production of evidence of insurance

(2) The driver of a motorized snow vehicle who drives or permits the driving of the motorized snow vehicle shall, upon the request of a police officer or conservation officer, produce evidence that the vehicle is insured under a motor vehicle liability policy in accordance with the Insurance Act.

Offence for failure to have insurance

(3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

(2) Section 12 of the Act is amended by adding the following subsection:

Application of Part VI of Insurance Act

(6) A motorized snow vehicle shall be deemed to be a motor vehicle for the purposes of Part VI of the Insurance Act.

7. (1) Subsections 16 (1) and (2) of the Act are repealed and the following substituted:

Driver to carry documents

(1) Subject to subsection (2), every driver of a motorized snow vehicle shall carry his or her driver's licence or motorized snow vehicle operator's licence and evidence of the motorized snow vehicle's registration at all times while operating a motorized snow vehicle and shall produce them when demanded by a police officer or conservation officer.

Exception

(2) A person shall not be required to carry any document referred to in subsection (1) while operating a motorized snow vehicle on lands occupied by the owner of the motorized snow vehicle.

(2) Subsection 16 (3) of the Act is amended by striking out "his or her licence in accordance with subsection (1)" and substituting "a document in accordance with subsection (1) or (2)".

8. The Act is amended by adding the following section:

Power of police officer to stop

17.1 (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motorized snow vehicle to stop and the driver of a motorized snow vehicle, when signalled or requested to stop by a police officer, shall immediately come to a safe stop.

Offence

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),

(a)to a fine of not less than $1,000 and not more than $10,000;

(b)to imprisonment for a term of not more than six months; or

(c)to both a fine and imprisonment.

Escape by flight

(3) If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit,

(a)the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a);

(b)the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and

(c)the court shall make an order suspending the person's driver's licence or motorized snow vehicle's operator's licence,

(i)for a period of five years, unless subclause (ii) applies, or

(ii)for a period of not less than 10 years, if the court is satisfied on the evidence that the person's conduct or the pursuit resulted in the death of or bodily harm to any person.

Lifetime suspension

(4) An order under subclause (3) (c) (ii) may suspend the person's driver's licence or motorized snow vehicle operator's licence for the remainder of the person's life.

Suspension in addition

(5) Except in the case of a suspension for the remainder of the person's life, a suspension of a driver's licence under clause (3) (c) is in addition to any other period for which the person's driver's licence is suspended and is consecutive to that period.

Notice of suspension

(6) Subject to subsection (7), in a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: "

The Motorized Snow Vehicles Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver's licence or motorized snow vehicle operator's licence shall be suspended for five years."

Same: death or bodily harm

(7) In a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit and that the person's conduct or the pursuit resulted in the death of or bodily harm to any person, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: "

Same

(8) The suspension of a driver's licence or motorized snow vehicle operator's licence shall not be held to be invalid by reason of failure to give the notice provided for in subsection (6) or (7).

Appeal of suspension

(9) An appeal may be taken from an order under clause (3) (c) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (2).

Stay of order on appeal

(10) Where an appeal is taken from an order under subsection (9), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

Driving while licence suspended

(11) Every person who drives a motorized snow vehicle while his or her driver's licence is suspended under this section or under any other Act or while his or her motorized snow vehicle operator's licence is suspended under this section is guilty of an offence and on conviction is liable.

(a)for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b)for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.

Subsequent offence

(12) Where a person who has previously been convicted of an offence under subsection (11) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (11) (b).

No licence issued during suspension period

(13) A motorized snow vehicle operator's licence shall not be issued to a person whose driver's licence or motorized snow vehicle operator's licence has been suspended under this section or whose driver's licence has been suspended, cancelled or revoked under any Act until the period of the suspension has expired.

9. (1) Clause 26 (1) (h) of the Act is repealed and the following substituted:

(h)designating classes of motorized snow vehicles to which any provisions of this Act or the regulations do not apply.

(2) Section 26 of the Act is amended by adding the following subsections:

General or particular

(2.1) A regulation made under any provision of this Act may be general or particular in its application.

Classes

(2.2) A regulation made under any provision of this Act may create different classes of persons and motorized snow vehicles and may apply differently to each class created.

Complementary Amendments

Highway Traffic Act

10. Subsection 54 (1) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1996, chapter 20, section 11, is amended by striking out "If a permit or licence is required to be suspended under this Act" at the beginning and substituting "If a permit or licence is required to be suspended under this Act or under the Motorized Snow Vehicles Act".

Trespass to Property Act

11. Section 11 of the Trespass to Property Act is repealed and the following substituted:

Motor vehicles and motorized snow vehicles

11. Where an offence under this Act is committed by means of a motor vehicle, as defined in the Highway Traffic Act, or by means of a motorized snow vehicle, as defined in the Motorized Snow Vehicles Act, the driver of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act and, where the driver is not the owner, the owner of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act unless the driver is convicted of the offence or, at the time the offence was committed, the motor vehicle or motorized snow vehicle was in the possession of a person other than the owner without the owner's consent.

Commencement and Short Title

Commencement

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

Short title

13. The short title of this Act is the Motorized Snow Vehicles Amendment Act, 2000.

[37] Bill 101 As Amended by Standing Committee (PDF)

Bill 101

Bill 1012000

An Act to promote

snowmobile trail sustainability

and enhance safety and enforcement

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

1. Section 1 of the Motorized Snow Vehicles Act, as amended by the Statutes of Ontario, 1997, chapter 41, section 122, is further amended by adding the following definition: "

trail permit" means a permit issued under section 2.1. ("permis de conduire sur une piste")

2. (1) Subsection 2 (3) of the Act is amended by striking out "the Ministry or any person authorized by the Minister" and substituting "the Minister or any person authorized by the Minister".

(2) Subsection 2 (8) of the Act is repealed and the following substituted:

Display of evidence of permit

(8) Every driver of a motorized snow vehicle shall display evidence of the issue or validation of the permit on the motorized snow vehicle in the form and manner prescribed by the regulations.

(3) Section 2 of the Act is amended by adding the following subsection:

Offence for failing to have a permit

(8.1) Every driver of a motorized snow vehicle who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

3. The Act is amended by adding the following section:

Trail permit required

Issuance of trail permits

(2) Upon the application of the owner of a motorized snow vehicle and payment of the required fee, the Minister or any person authorized by the Minister shall,

(a)issue for the motorized snow vehicle a numbered trail permit in accordance with the regulations; and

(b)provide such evidence of the issue of the trail permit for display upon the motorized snow vehicle as may be prescribed by the regulations.

Validity of trail permit

(3) A trail permit is valid during the period of time prescribed by the regulations.

Display of evidence of trail permit

Local issuance of trail permits

Offence

(6) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

Fees

(7) The Minister may establish fees for the issuance and replacement of trail permits and for evidence of the issue of trail permits.

Regulations re trail permits

(8) The Lieutenant Governor in Council may make regulations respecting any matter ancillary to the provisions of this section with respect to trail permits and in particular,

(a)prescribing trails or classes of trails, or parts of trails or classes of trails, on which trail permits are required;

(b)respecting the issuance and replacement of trail permits;

(c)prescribing the term of validity of trail permits;

(d)governing the form and manner of displaying evidence of the issue of trail permits on motorized snow vehicles;

(e)prescribing records to be kept by the Ministry, or by a person authorized under subsection (5) to issue trail permits, with respect to the issuance of trail permits.

4. Subsections 10 (3) and (4) of the Act are repealed and the following substituted:

Local issuance of licences

5. The Act is amended by adding the following section:

Crown not liable for delegate's acts

10.1 (1) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(b)for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under subsection 2 (10), 2.1 (5) or 10 (3).

Crown not liable for delegation

Exception

6. (1) Subsections 12 (1), (2) and (3) of the Act are repealed and the following substituted:

Insurance

Production of evidence of insurance

Offence for failure to have insurance

(3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

(2) Section 12 of the Act is amended by adding the following subsection:

Application of Part VI of Insurance Act

(6) A motorized snow vehicle shall be deemed to be a motor vehicle for the purposes of Part VI of the Insurance Act.

7. (1) Subsections 16 (1) and (2) of the Act are repealed and the following substituted:

Driver to carry documents

Exception

(2) A person shall not be required to carry any document referred to in subsection (1) while operating a motorized snow vehicle on lands occupied by the owner of the motorized snow vehicle.

(2) Subsection 16 (3) of the Act is amended by striking out "his or her licence in accordance with subsection (1)" and substituting "a document in accordance with subsection (1) or (2)".

8. The Act is amended by adding the following section:

Power of police officer to stop

Offence

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),

(a)to a fine of not less than $1,000 and not more than $10,000;

(b)to imprisonment for a term of not more than six months; or

(c)to both a fine and imprisonment.

Escape by flight

(3) If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit,

(a)the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a);

(b)the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and

(c)the court shall make an order suspending the person's driver's licence or motorized snow vehicle's operator's licence,

(i)for a period of five years, unless subclause (ii) applies, or

(ii)for a period of not less than 10 years, if the court is satisfied on the evidence that the person's conduct or the pursuit resulted in the death of or bodily harm to any person.

Lifetime suspension

(4) An order under subclause (3) (c) (ii) may suspend the person's driver's licence or motorized snow vehicle operator's licence for the remainder of the person's life.

Suspension in addition

Notice of suspension

Same: death or bodily harm

Same

(8) The suspension of a driver's licence or motorized snow vehicle operator's licence shall not be held to be invalid by reason of failure to give the notice provided for in subsection (6) or (7).

Appeal of suspension

(9) An appeal may be taken from an order under clause (3) (c) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (2).

Stay of order on appeal

Driving while licence suspended

(a)for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b)for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.

Subsequent offence

No licence issued during suspension period

9. (1) Clause 26 (1) (h) of the Act is repealed and the following substituted:

(h)designating classes of motorized snow vehicles to which any provisions of this Act or the regulations do not apply.

(2) Section 26 of the Act is amended by adding the following subsections:

General or particular

(2.1) A regulation made under any provision of this Act may be general or particular in its application.

Classes

(2.2) A regulation made under any provision of this Act may create different classes of persons and motorized snow vehicles and may apply differently to each class created.

Complementary Amendments

Highway Traffic Act

Trespass to Property Act

11. Section 11 of the Trespass to Property Act is repealed and the following substituted:

Motor vehicles and motorized snow vehicles

Commencement and Short Title

Commencement

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

Short title

13. The short title of this Act is the Motorized Snow Vehicles Amendment Act, 2000.

EXPLANATORY NOTE

The Bill amends the Motorized Snow Vehicles Act as follows:

1.It provides that a motorized snow vehicle cannot be driven on a class of trail that is designated by regulation except under the authority of a trail permit. It allows the Minister of Transportation to authorize any person to issue trail permits and to retain the required fee.

2.It changes the penalties for the offences of driving a motorized snow vehicle without a permit, for not being insured as required by the Act and for failing to produce evidence of insurance when requested by a police officer or conservation officer.

3.It requires drivers of motorized snow vehicles to carry with them evidence of the motorized snow vehicle's registration and to produce it when requested by a police officer or conservation officer.

4.It gives police officers the authority to require a driver of a motorized snow vehicle to stop and creates an offence, punishable by a maximum fine of $10,000 or imprisonment for a maximum of six months, for failing to comply with that requirement. If convicted of that offence, and if the court is satisfied that the person wilfully continued to avoid police when a police officer gave pursuit, the court may impose higher penalties: a maximum fine of $25,000, imprisonment for a minimum of 14 days and suspension of the person's driver's licence or motorized snow vehicle operator's licence for five years. If the court is satisfied that the person's conduct or the pursuit resulted in the death of or bodily harm to a person, the court may suspend the person's driver's licence or motorized snow vehicle operator's licence for a minimum of 10 years, and may order a lifetime suspension of the licences. These penalties for wilfully avoiding police on a motorized snow vehicle are similar to those made applicable to motor vehicles in the Sergeant Rick McDonald Memorial Act (Suspect Apprehension Pursuits), 1999.

5.It creates an offence for driving a motorized snow vehicle while the person's driver's licence or motorized snow vehicle operator's licence is suspended. It provides that a person may not be issued a motorized snow vehicle operator's licence while his or her driver's licence is under suspension.

6.The current Act allows the Minister to delegate to any person the issue of permits and motorized snow vehicle operator's licences. The Bill also allows the Minister to delegate to any person the issue of trail permits. The Bill provides that the Crown is not liable for any acts or omissions of the delegates nor for any act or omission in good faith in delegating these powers and duties.

The Bill amends section 54 of the Highway Traffic Act to reflect the fact that a person's driver's licence may also be suspended under the Motorized Snow Vehicles Act.

The Bill amends section 11 of the Trespass to Property Act to provide that, as with trespass offences committed with a motor vehicle, the owner of a motorized snow vehicle is liable for the fine for trespassing even if the owner was not driving the vehicle at the time of the offence.

[37] Bill 101 Original (PDF)

Bill 101

Bill 1012000

An Act to promote

snowmobile trail sustainability

and enhance safety and enforcement

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

1.Section 1 of the Motorized Snow Vehicles Act, as amended by the Statutes of Ontario, 1997, chapter 41, section 122, is further amended by adding the following definition: "

trail permit" means a permit issued under section 2.1. ("permis de conduire sur une piste")

2.(1)Subsection 2 (3) of the Act is amended by striking out "the Ministry or any person authorized by the Minister" and substituting "the Minister or any person authorized by the Minister".

(2)Subsection 2 (8) of the Act is repealed and the following substituted:

Display of evidence of permit

(8)Every driver of a motorized snow vehicle shall display evidence of the issue or validation of the permit on the motorized snow vehicle in the form and manner prescribed by the regulations.

(3)Section 2 of the Act is amended by adding the following subsection:

Offence for failing to have a permit

(8.1)Every driver of a motorized snow vehicle who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

(4)Subsection 2 (10) of the Act is amended by striking out "and may authorize and fix the fee to be retained" and substituting "and, despite section 2 of the Financial Administration Act, may authorize and fix the fee to be retained".

3.The Act is amended by adding the following section:

Trail permit required

2.1 (1)No person shall drive a motorized snow vehicle upon a prescribed trail except under the authority of a trail permit for the motorized snow vehicle issued under subsection (2) or except on lands occupied by the owner of the motorized snow vehicle.

Issuance of trail permits

(2)Upon the application of the owner of a motorized snow vehicle and payment of the required fee, the Minister or any person authorized by the Minister shall,

(a)issue for the motorized snow vehicle a numbered trail permit in accordance with the regulations; and

(b)provide such evidence of the issue of the trail permit for display upon the motorized snow vehicle as may be prescribed by the regulations.

Validity of trail permit

(3)A trail permit is valid during the period of time prescribed by the regulations.

Display of evidence of trail permit

(4)Every driver of a motorized snow vehicle upon a prescribed trail shall display evidence of the issue of the trail permit on the motorized snow vehicle in the form and manner prescribed by the regulations.

Local issuance of trail permits

(5)The Minister may give authority to any person to issue trail permits and to provide evidence of such issue of trail permits and may define the duties and powers of such person and, despite section 2 of the Financial Administration Act, may authorize and fix the fee to be retained by the person so authorized for each trail permit issued.

Offence

(6)Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

Fees

(7)The Minister may establish fees for the issuance and replacement of trail permits and for evidence of the issue of trail permits.

Regulations re trail permits

(8)The Lieutenant Governor in Council may make regulations respecting any matter ancillary to the provisions of this section with respect to trail permits and in particular,

(a)prescribing trails or classes of trails, or parts of trails or classes of trails, on which trail permits are required;

(b)respecting the issuance and replacement of trail permits;

(c)prescribing the term of validity of trail permits;

(d)governing the form and manner of displaying evidence of the issue of trail permits on motorized snow vehicles;

(e)prescribing records to be kept by the Ministry, or by a person authorized under subsection (5) to issue trail permits, with respect to the issuance of trail permits.

4.Subsections 10 (3) and (4) of the Act are repealed and the following substituted:

Local issuance of licences

(3)The Minister may give authority to any person to issue motorized snow vehicle operator's licences and may define the duties and powers of such person and, despite section 2 of the Financial Administration Act, may authorize and fix the fee to be retained by the person so authorized for each motorized snow vehicle operator's licence issued.

5.The Act is amended by adding the following section:

Crown not liable for delegate's acts

10.1 (1)No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(b)for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under subsection 2 (10), 2.1 (5) or 10 (3).

Crown not liable for delegation

(2)No action or other proceeding shall be instituted against the Crown, the Minister or any officer or employee of the Ministry for any act done in good faith in the execution or intended execution of a power or duty under subsection 2 (10), 2.1 (5) or 10 (3) or for any alleged neglect or default in the execution in good faith of a power or duty under those subsections.

Exception

(3)Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (2) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject.

6.Subsection 12 (3) of the Act is repealed and the following substituted:

Offence for failure to have insurance

(3)Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

7.(1)Subsections 16 (1) and (2) of the Act are repealed and the following substituted:

Driver to carry documents

(1)Subject to subsection (2), every driver of a motorized snow vehicle shall carry his or her driver's licence or motorized snow vehicle operator's licence and evidence of the motorized snow vehicle's registration at all times while operating a motorized snow vehicle and shall produce them when demanded by a police officer or conservation officer.

Exception

(2)A person shall not be required to carry any document referred to in subsection (1) while operating a motorized snow vehicle on lands occupied by the owner of the motorized snow vehicle.

(2)Subsection 16 (3) of the Act is amended by striking out "his or her licence in accordance with subsection (1)" and substituting "a document in accordance with subsection (1) or (2)".

8.The Act is amended by adding the following section:

Power of police officer to stop

17.1 (1)A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motorized snow vehicle to stop and the driver of a motorized snow vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.

Offence

(2)Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),

(a)to a fine of not less than $1,000 and not more than $10,000;

(b)to imprisonment for a term of not more than six months; or

(c)to both a fine and imprisonment.

Escape by flight

(3)If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit,

(a)the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a);

(b)the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and

(c)the court shall make an order suspending the person's driver's licence or motorized snow vehicle's operator's licence,

(i)for a period of five years, unless subclause (ii) applies, or

(ii)for a period of not less than 10 years, if the court is satisfied on the evidence that the person's conduct or the pursuit resulted in the death of or bodily harm to any person.

Lifetime suspension

(4)An order under subclause (3) (c) (ii) may suspend the person's driver's licence or motorized snow vehicle operator's licence for the remainder of the person's life.

Suspension in addition

(5)Except in the case of a suspension for the remainder of the person's life, a suspension of a driver's licence under clause (3) (c) is in addition to any other period for which the person's driver's licence is suspended and is consecutive to that period.

Notice of suspension

(6)Subject to subsection (7), in a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: "

Same: death or bodily harm

(7)In a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit and that the person's conduct or the pursuit resulted in the death of or bodily harm to any person, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: "

Same

(8)The suspension of a driver's licence or motorized snow vehicle operator's licence shall not be held to be invalid by reason of failure to give the notice provided for in subsection (6) or (7).

Appeal of suspension

(9)An appeal may be taken from an order under clause (3) (c) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (2).

Stay of order on appeal

(10)Where an appeal is taken from an order under subsection (9), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

Driving while licence suspended

(11)Every person who drives a motorized snow vehicle while his or her driver's licence is suspended under this section or under any other Act or while his or her motorized snow vehicle operator's licence is suspended under this section is guilty of an offence and on conviction is liable.

(a)for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b)for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.

Subsequent offence

(12)Where a person who has previously been convicted of an offence under subsection (11) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (11) (b).

No licence issued during suspension period

(13)A motorized snow vehicle operator's licence shall not be issued to a person whose driver's licence or motorized snow vehicle operator's licence has been suspended under this section or whose driver's licence has been suspended, cancelled or revoked under any Act until the period of the suspension has expired.

9.(1)Clause 26 (1) (h) of the Act is repealed and the following substituted:

(h)designating classes of motorized snow vehicles to which any provisions of this Act or the regulations do not apply.

(2)Section 26 of the Act is amended by adding the following subsections:

General or particular

(2.1)A regulation made under any provision of this Act may be general or particular in its application.

Classes

(2.2)A regulation made under any provision of this Act may create different classes of persons and motorized snow vehicles and may apply differently to each class created.

Complementary Amendments

Highway Traffic Act

10.Subsection 54 (1) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1996, chapter 20, section 11, is amended by striking out "If a permit or licence is required to be suspended under this Act" at the beginning and substituting "If a permit or licence is required to be suspended under this Act or under the Motorized Snow Vehicles Act".

Trespass to Property Act

11.Section 11 of the Trespass to Property Act is repealed and the following substituted:

Motor vehicles and motorized snow vehicles

11.Where an offence under this Act is committed by means of a motor vehicle, as defined in the Highway Traffic Act, or by means of a motorized snow vehicle, as defined in the Motorized Snow Vehicles Act, the driver of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act and, where the driver is not the owner, the owner of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act unless the driver is convicted of the offence or, at the time the offence was committed, the motor vehicle or motorized snow vehicle was in the possession of a person other than the owner without the owner's consent.

Commencement and Short Title

Commencement

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

Short title

13.The short title of this Act is the Motorized Snow Vehicles Amendment Act, 2000.

EXPLANATORY NOTE

The Bill amends the Motorized Snow Vehicles Act as follows:

3.It requires drivers of motorized snow vehicles to carry with them evidence of the motorized snow vehicle's registration and to produce it when requested by a police officer or conservation officer.

The Bill amends section 54 of the Highway Traffic Act to reflect the fact that a person's driver's licence may also be suspended under the Motorized Snow Vehicles Act.