[37] Bill 120 Original (PDF)
An Act to amend the Highway Traffic Act to establish an ignition interlock device program
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 41.1 (1) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 2, is amended by adding "Subject to subsections 41.2 (1) and (4)" at the beginning.
2. Subsection 41.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 2, is amended by adding "Subject to subsection 41.2 (12)" at the beginning.
3. The Act is amended by adding the following section:
Reinstated licence subject to condition
41.2 (1) If the driver's licence of a person is suspended under clause 41 (1) (f) as a result of either of the circumstances described in subsection (2), then the reinstatement of the driver's licence under subsection 41.1 (1) shall be subject to the condition that the person is prohibited from operating any motor vehicle that is not equipped with an ignition interlock device.
Circumstances
(2) The circumstances for the purpose of subsection (1) are:
1.The person is convicted for the first time of an offence under section 253 of the Criminal Code (Canada), and the person is shown, by an analysis of breath or blood taken at the time of the offence, to have a concentration of alcohol in his or her blood in excess of 160 milligrams in 100 millilitres of blood.
2.The person is convicted for the first time of an offence under subsection 254 (5) of the Criminal Code (Canada) for failing or refusing to comply with a demand for a breath or blood sample by a peace officer.
Expiry of condition
(3) The condition referred to in subsection (1) shall expire two years from the day the person's driver's licence is reinstated under subsection 41.1 (1), if the Registrar is satisfied, having regard to all relevant information, that the condition is no longer necessary for the safety of the public.
Reinstated licence subject to condition
(4) If a person's driver's licence is suspended under clause 41 (1) (g) as a result of being convicted for the second time of an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada), then the reinstatement of the driver's licence under subsection 41.1 (1) shall be subject to the condition that the person is prohibited indefinitely from operating any motor vehicle that is not equipped with an ignition interlock device.
Application to remove condition
(5) Despite subsection (4), a person may apply to the Registrar to remove the condition referred to in that subsection if five years have elapsed since the day the driver's licence was reinstated under subsection 41.1 (1).
Removal of condition
(6) Upon application under subsection (5), the Registrar shall remove the condition referred to in subsection (4) if the Registrar is satisfied, having regard to all relevant information, that the condition is no longer necessary for the safety of the public.
Application of subs. 41.1 (5) to (9)
(7) Subsections 41.1 (5) to (9) apply with the necessary modifications to,
(a)an application to remove a condition from a driver's licence referred to in subsection (5); and
(b)an application to set aside a suspension referred to in subsection (8).
Application to set aside suspension
(8) Despite clause 41 (1) (f), if a person's driver's licence is suspended under that clause as a result of the circumstances described in subsection (9), the person may apply to the Registrar to set aside the suspension six months after the day the suspension takes effect.
Circumstances
(9) The circumstances for the purpose of subsection (8) are that the person has been convicted for the first time of an offence under section 253 of the Criminal Code (Canada), and the analysis of breath or blood taken at the time of the offence, if any, shows that the offender had a concentration of alcohol in his or her blood of 160 or fewer milligrams in 100 millilitres of blood.
Conditions for licence reinstatement
(10) Upon application under subsection (8), the Registrar shall set aside the driver's licence suspension and shall reinstate the person's driver's licence if,
(a)the Registrar is satisfied that the person has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any; and
(b)the person agrees in writing to the condition on his or her driver's licence that the person not operate a motor vehicle, that is not equipped with an ignition interlock device.
Expiry of condition
(11) The condition referred to in clause (10) (b) shall expire two years from the day the person's driver's licence is reinstated under subsection 41.1 (1), if the Registrar is satisfied, having regard to all relevant information, that the condition is no longer necessary for the safety of the public.
Reinstated licence subject to permanent condition
(12) If the Registrar reduces an indefinite licence suspension in accordance with subsection 41.1 (2), the Registrar shall order that the reinstatement of the driver's licence be subject to a permanent condition prohibiting the person from operating any motor vehicle that is not equipped with an ignition interlock device.
Inspections
(13) If a police officer stops a motor vehicle under the authority of this Act and, upon inspection of the person's driver's licence under subsection 33 (1), determines that the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock device, the police officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to confirm if the vehicle is equipped with such a device.
Registrar notified by police
(14) If, after conducting an inspection under subsection (13), a police officer determines that the motor vehicle is not equipped with an ignition interlock device, the police officer,
(a)shall notify the Registrar in accordance with subsection 48.3 (1) that, contrary to the person's driver's licence, the person was found driving a motor vehicle not with equipped with the device; and
(b)may request the person to surrender his or her driver's licence in accordance with subsection 48.3 (5).
Licence suspension in effect
(15) Despite any reinstatement under section 41.1 (1) or (2), the driver's licence suspension of a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock device remains in effect except when that person is operating a motor vehicle equipped with such a device.
Responsibility of owner of motor vehicle
(16) No person who is the owner or is in possession or control of a motor vehicle that is not equipped with an ignition interlock device shall permit a person to drive the vehicle if that person's driver's licence prohibits him or her from operating a motor vehicle that is not equipped with such a device.
Penalty
(17) In addition to any other penalty or sanction that applies to a person for driving a motor vehicle while his or her driver's licence is under suspension, every person who operates a motor vehicle that is not equipped with an ignition interlock device while prohibited from doing so is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.
Penalty - commercial motor vehicle
(18) Despite the fine referred to in subsection (17), if an offence under that subsection involves the operation of a commercial motor vehicle within the meaning of subsection 16 (1), then every person, on being convicted of the offence, is liable to a fine of not less than $200 and not more than $20,000.
Regulations
(19) The Lieutenant Governor in Council may make regulations,
(a)prescribing the standards governing the installation, operation and maintenance in respect of an ignition interlock device;
(b)respecting programs of supervision for persons prohibited from driving a motor vehicle that is not equipped with an ignition interlock device;
(c)prescribing additional powers of the Registrar, including the power to,
(i)require a person who is prohibited from driving a motor vehicle that is not equipped with an ignition interlock device to provide the Registrar with periodic reports in respect of the use of the device,
(ii)prohibit a person whose license has not been suspended under clause 41 (1) (f) or 41 (1) (g) from driving a motor vehicle that is not equipped with an ignition interlock device, if the Registrar reasonably believes that there is a significant risk that the person will drive a motor vehicle while under the influence of alcohol,
(iii)suspend a driver's licence of a person prohibited from driving a motor vehicle that is not equipped with an ignition interlock device, if the Registrar reasonably believes the person has tampered with the device;
(d)respecting appeals from a determination made by the Registrar under the authority of a regulation made under clause (c);
(e)respecting any other matter necessary for the administration of an ignition interlock device program provided by this section.
Same
(20) A regulation made under subsection (19) may provide differently for different classes of persons and in different parts of Ontario.
Adoption of codes in regulations
(21) A regulation under subsection (19) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard, protocol, procedure or policy, and may require compliance with any code, standard, protocol, procedure or policy.
Amendments to codes
(22) The powers to adopt by reference and require compliance with a code, standard, protocol, procedure or policy in subsection (19) include the power to adopt a code, standard, protocol, procedure or policy as it may be amended from time to time.
Definitions
· In this section, "
driver's licence" includes a motorized snow vehicle operator's licence and a driver's licence issued by any other jurisdiction; ("permis de conduire") "
ignition interlock device" means a device, approved by the Registrar,
(a)designed to ascertain the presence of alcohol in the driver's body and to prevent a motor vehicle from being started if the concentration of alcohol in the driver's body exceeds a limit specified by the Registrar, and
(b)installed, operated and maintained in accordance with the regulations; ("dispositif de verrouillage du systme de dmarrage") "
motor vehicle" includes a street car and a motorized snow vehicle. ("vhicule automobile")
4. Subsection 48.3 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 8 and amended by 1997, chapter 12, section 3, is further amended by adding the following paragraph:
3.The person is contravening a condition of his or her driver's licence by operating a motor vehicle that is not equipped with an ignition interlock device as defined in subsection 41.2 (23).
5. Subsection 50.1 (2) of the Act, as enacted by Statutes of Ontario, 1996, chapter 20, section 10 and amended by 1997, chapter 12, section 4 and 1999, chapter 12, Schedule G, section 24, is further amended by striking out the "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:
(c)that the person whose licence was suspended did not contravene a condition of his or licence by operating a motor vehicle that was not equipped with an ignition interlock device, as defined in subsection 41.2 (23).
6. Subsection 50.2 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5 and amended by 1999, chapter 12, Schedule G, section 24, is further amended,
(a)by adding the following clause:
(b.1)that the driver of the motor vehicle at the time in respect of which the order was made was not then prohibited from operating a motor vehicle that was not equipped with an ignition interlock device, as defined in subsection 41.2 (23);
(b)by striking out the "or" at the end of clause (c) and by adding the following clause:
(c.1)that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver of the motor vehicle at the time in respect of which the order was made was not then prohibited from operating a motor vehicle that is not equipped with an ignition interlock device, as defined in subsection 41.2 (23); or
. . . . .
7. Subsection 55.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is repealed and the following substituted:
Notification of Registrar
(2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person meets one of the criteria set out in subsection (2.1), the officer shall,
(a)notify the Registrar of the fact or cause the Registrar to be notified; and
(b)detain the motor vehicle that was being driven by the person until the Registrar issues an order under subsection (3).
Criteria
(2.1) The criteria for the purpose of subsection (2) are:
1.The person was driving a motor vehicle on a highway while his or her driver's licence is under suspension under section 41 or 42, even if it is under suspension at the same time for any other reason.
2.The person, contrary to his or her driver's licence, was driving a motor vehicle that is not equipped with an ignition interlock device, as defined in subsection 41.2 (3).
8. Subsection 55.1 (3) of the Act is amended by striking out "the driver whose driver's licence is under suspension" and substituting "the person referred to in clause (2) (a) or (b)".
Commencement
9. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
10. The short title of this Act is the Highway Traffic Amendment Act (Ignition Interlock Device), 2000.
EXPLANATORY NOTE
The Bill amends the Highway Traffic Act to provide for the implementation of an ignition interlock program in Ontario for persons who violate laws related to drinking and driving. First, it requires a two-year interlock order for first offenders whose blood-alcohol concentration was in excess of 0.16 per cent at the time of the offence, or who refused to provide breath or blood samples, without a reasonable excuse. It also stipulates an indefinite interlock order for second offenders, which can be reduced to five years if the Registrar of Motor Vehicles feels that it is no longer necessary for the safety of the public. The interlock order for third offenders is permanent.
The Bill also provides for an optional interlock program that applies to first offenders whose blood-alcohol concentration was 0.16 per cent or lower at the time of the offence. These offenders can apply for early licence reinstatement after serving six months of their provincial licence suspensions and completing any required remedial programs. They will be granted a limited licence, which is only valid on a vehicle equipped with an ignition interlock device. Moreover, they must agree in writing to a condition on their driver's licence not to operate a vehicle that is not equipped with such a device. The condition expires in two years, if the Director is satisfied that the condition is no longer necessary for the safety of the public.
In order to facilitate the enforcement of interlock orders, the Bill gives the police authority to inspect the vehicle being driven by an offender subject to an interlock order to the extent that it is necessary to determine if the vehicle is equipped with an ignition interlock device.
The Bill also provides that an offender's licence suspension remains in effect except when he or she is operating a motor vehicle equipped with an ignition interlock device. If an offender who is subject to an interlock order is found driving a vehicle that is not equipped with such a device, the Registrar of Motor Vehicles will be notified, and the driver may be subject to an immediate 90-day administrative licence suspension. The vehicle owner will also be subject to the province's existing vehicle impoundment program.
Finally, the Bill makes certain complimentary amendments to other sections of the Act to implement the ignition interlock program.