[37] Bill 131 Royal Assent (PDF)
Bill 131
Bill 1312000
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. The Highway Traffic Act is amended by adding the following sections:
Reinstated licence subject to condition:
first conviction
41.2 (1) If a person's driver's licence is suspended under section 41 as a result of a first conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.
Application to remove condition
(2) A person mentioned in subsection (1) may apply to the Registrar to remove the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device.
Time limit
(3) An application under subsection (2) may not be made earlier than one year from the day the person's driver's licence was reinstated under section 41.1.
Prescribed criteria must be met
(4) On receiving an application made in accordance with subsections (2) and (3), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection.
Reinstated licence subject to condition:
second conviction
(5) If a person's driver's licence is suspended under section 41 as a result of a second conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.
Application to remove condition
(6) A person mentioned in subsection (5) may apply to the Registrar to remove the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device.
Time limit
(7) An application under subsection (6) may not be made earlier than three years from the day the person's driver's licence was reinstated under section 41.1.
Prescribed criteria must be met
(8) On receiving an application made in accordance with subsections (6) and (7), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection.
Reinstated licence subject to permanent condition
(9) If the Registrar reduces an indefinite licence suspension in accordance with subsection 41.1 (2) and reinstates a person's driver's licence, it is a permanent condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.
Responsibility of owner of motor vehicle
(10) No person who is the owner or is in possession or control of a motor vehicle that is not equipped with an approved ignition interlock device shall knowingly permit a person to driving the vehicle, if that person is prohibited from driving any motor vehicle that is not equipped with such a device.
No tampering with devices
(11) Except in accordance with an authorization under subsection (14), no person shall tamper with an approved ignition interlock device.
Inspections
(12) If, under the authority of this Act, a police officer stops a motor vehicle, inspects a person's driver's licence and determines that the person is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device, the police officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine,
(a)whether the vehicle is equipped with such a device; and
(b)if the vehicle has the device, whether the device has been tampered with in any manner.
Penalty
(13) Every person who drives a motor vehicle that is not equipped with an approved ignition interlock device while prohibited from doing so or who contravenes subsection (10) or (11) is guilty of an offence and on conviction is liable,
(a)in the case involving a commercial motor vehicle within the meaning of subsection 16 (1), to a fine of not less than $200 and not more than $20,000.
(b)in every other case, to a fine of not less than $200 and not more than $1,000.
Authorization to install devices
(14) The Minister may in writing authorize any person to install, maintain and remove approved ignition interlock devices.
Authorization to charge fees
(15) Where, under subsection (14), the Minister has authorized a person to install, maintain and remove approved ignition interlock devices, the Minister may in writing authorize that person to charge a fee for the installation, maintenance and removal of such devices.
Regulations
(16) The Lieutenant Governor in Council may make regulations,
(a)approving ignition interlock devices for the purpose of this section;
(b)respecting the standards governing the installation, operation and maintenance of approved ignition interlock devices and requiring persons authorized under subsection (14) to comply with those standards;
(c)providing for the purposes of this section that "motor vehicle" includes a streetcar or a motorized snow vehicle;
(d)prescribing exemptions from subsection (1), (5) or (9) and providing that an exemption is subject to restrictions or conditions specified in the regulations and providing that any such restriction or condition shall be deemed to be a condition contained on a person's driver's licence;
(e)prescribing criteria for the purpose of subsections (4) and (8);
(f)requiring a driver who is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device to attend upon a person authorized under subsection (14) for the purpose of enabling that person to gather information from the device;
(g)governing reports that shall be made to the Ministry by persons authorized under subsection (14) in respect of information gathered under clause (f);
(h)respecting programs of supervision for persons prohibited from driving a motor vehicle that is not equipped with an approved ignition interlock device;
(i)respecting any other matter necessary for the administration of this section.
Same
(17) A regulation made under subsection (16) may be general or particular in its application.
Adoption of codes in regulations
(18) A regulation under clause (16) (b) 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
(19) The power to adopt by reference and require compliance with a code, standard, protocol, procedure or policy in subsection (18) includes the power to adopt a code, standard, protocol, procedure or policy as it may be amended from time to time.
Definitions
(20) In this section and in section 41.3, "
approved" means approved under clause (16) (a); ("approuv") "
driver's licence" includes a driver's licence issued by any other jurisdiction; ("permis de conduire") "
ignition interlock device" means a device 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 the prescribed limit. ("dispositif de verrouillage du systme de dmarrage")
Parties to judicial review
41.3 (1) The parties to any judicial review brought in respect of section 41.2 are the Registrar and the person whose driver's licence is subject to the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device.
Documents privileged
(2) Documents filed with the Ministry for the purposes of section 41.2 are privileged for the information of the Ministry only and shall not be open for public inspection.
Protection from personal liability
(3) No action or other proceeding for damages shall be instituted against a person authorized under subsection 41.2 (14) to install or maintain an approved ignition interlock device, unless the person was negligent in the performance of his or her duties and responsibilities under section 41.2.
Same
(4) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the removal of a condition prohibiting a person from driving a motor vehicle that is not equipped with an approved ignition interlock device or for the failure to remove the condition, if the Registrar or employee acted in good faith in the execution or intended execution of his or her duties under section 41.2.
Crown not relieved of liability
(5) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (3) and (4) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) and (4) to which it would otherwise be subject.
Commencement
2. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
3. The short title of this Act is the Highway Traffic Amendment Act (Ignition Interlock Device), 2000.