Bill 47, Highway Traffic Amendment Act (Driving While Suspended), 2001

Bill 47 2001

An Act to amend the
Highway Traffic Act
to increase the penalties
for driving with a
suspended licence

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

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(1) (g) and (h) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1997, chapter 12, section 1, are repealed and the following substituted:

(g) upon the first subsequent conviction, for 10 years; and

(h) upon the second subsequent conviction, permanently.

2. Subsection 41.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 2, is repealed.

3. Subsection 42 (1) of the Act is repealed and the following substituted:

Suspension for driving while disqualified

(1) The driver's licence of a person who is convicted of an offence under subsection 259 (4) of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations is thereupon suspended,

(a) upon the first conviction, for one year;

(b) upon the first subsequent conviction, for 10 years; and

(c) upon the second subsequent conviction, permanently.

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

Seizure of vehicle

42.1 (1) Where a person's licence is suspended under clause 41 (1) (g) or (h) or under clause 42 (1) (b) or (c), the court or judge, as the case may be, making the conviction which resulted in the suspension, shall make one of the following orders:

1. If the court or judge is satisfied that the person convicted owned the vehicle used in the commission of the offence at the time of the offence and still owns the vehicle, the court or judge shall order that the vehicle be seized and sold.

2. If the court or judge does not make an order under paragraph 1, the court or judge shall impose a fine on the person convicted equal to the value of the vehicle used in the commission of the offence, as that value may be determined by reliable reference materials commonly used to estimate the value of vehicles.

Use of funds

(2) Proceeds realized from the sale of a vehicle under paragraph 1 of subsection (1) and a fine imposed under paragraph 2 of subsection (1) may be used to finance programs that, in the opinion of the Attorney General, promote safe driving.

Commencement

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

Short title

6. The short title of this Act is the Highway Traffic Amendment Act (Driving While Suspended), 2001.

EXPLANATORY NOTE

The Bill increases the period of licence suspension to be imposed when a person is convicted more than once of certain offences under the Criminal Code (Canada) set out in section 41 of the Highway Traffic Act. It also increases the period of licence suspension to be imposed under section 42 when a person is convicted more than once of operating a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, contrary to subsection 259 (4) of the Criminal Code (Canada), or is convicted more than once of prescribed offences under a law of a state of the United States.

A vehicle used in the commission of an offence must be seized and sold if the owner's licence is suspended more than once under section 41 or 42. The judge or court must also be satisfied that the person convicted owned the vehicle at the time of the offence and still owns the vehicle. If not, the person convicted is subject to a fine equal to the value of the vehicle used in the commission of the offence. In either case, the proceeds may be used to finance programs that, in the opinion of the Attorney General, promote safe driving.