Bill 175 2018
An Act to amend the Highway Traffic Act to restrict the conveyance of passengers for compensation
Note: This Act amends the Highway Traffic Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 7 (10) of the Highway Traffic Act is amended by adding “or a fine imposed on conviction of an offence under section 40.1” after “parking infraction”.
(2) Subsection 7 (11) of the Act is amended by adding “or a fine imposed on conviction of an offence under section 40.1” after “parking infraction”.
2. The Act is amended by adding the following section:
Conveyance or pick-up of passengers prohibited
40.1 (1) Unless all of the conditions set out in subsection (2) are met, no driver of a motor vehicle and no owner or lessee of a motor vehicle shall permit a driver to,
(a) convey passengers anywhere in Ontario in the motor vehicle for compensation; or
(b) pick up passengers anywhere in Ontario for the purpose of conveying them somewhere in the motor vehicle for compensation.
Conditions
(2) The conditions mentioned in subsection (1) are the following:
1. The driver of the motor vehicle and its owner or lessee must be licensed under a by-law passed by the council of any local municipality under section 150 of the Municipal Act, 2001 to convey passengers somewhere for compensation.
2. The licences mentioned in paragraph 1 must be displayed in or on the motor vehicle.
Exception
(3) This section does not apply to a public vehicle, as defined in the Public Vehicles Act, operated under an operating licence issued under that Act.
Right of occupier of premises
(4) Nothing in this section prevents an occupier of premises from prohibiting a driver of a motor vehicle who does not have a permit, licence or other authorization from the occupier of the premises from picking up passengers on the premises for the purpose of conveying them somewhere in the motor vehicle for compensation.
Same, no right of driver
(5) Even if the conditions set out in subsection (2) are met, nothing in this section authorizes a driver of a motor vehicle described in subsection (4) who has not obtained the permit, licence or other authorization required by the occupier of the premises to pick up passengers on the premises for the purpose of conveying them somewhere in the motor vehicle for compensation.
Offence and penalty
(6) Every person who contravenes this section is guilty of an offence and, on conviction, is liable,
(a) on a first conviction, to a fine of not less than $305 and not more than $5,000; and
(b) on each subsequent conviction, to a fine of not less than $500 and not more than $5,000.
Subsequent conviction within 10-year period
(7) A conviction of an offence under this section more than 10 years after a previous conviction of an offence under this section is not a subsequent conviction for the purpose of clause (6) (b).
Same
(8) In determining whether a conviction is a subsequent conviction for the purpose of clause (6) (b), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Highway Traffic Amendment Act (No Conveying of Passengers for Compensation), 2005.
EXPLANATORY NOTE
The Bill makes it a provincial offence under the Highway Traffic Act to convey passengers anywhere in Ontario in a motor vehicle for compensation, or to pick up passengers anywhere in Ontario for the purpose of conveying them somewhere in a motor vehicle for compensation, unless the driver of the motor vehicle and its owner or lessee are licensed under a municipal by-law passed under section 150 of the Municipal Act, 2001 to convey passengers for compensation and the licences are displayed in or on the motor vehicle. The new offence does not apply to a public vehicle operated under an operating licence issued under the Public Vehicles Act.
If a person who is convicted of the new offence fails to pay the fine imposed on conviction, section 46 of the Highway Traffic Act provides that a direction may be made under section 69 of the Provincial Offences Act suspending the driver’s licence of the person and directing that no driver’s licence be issued to the person until the fine is paid.
In addition, if a person who is convicted of the new offence fails to pay the fine imposed on conviction, a direction may be made under section 69 of the Provincial Offences Act refusing validation of the person’s vehicle permit or issuance of a vehicle permit to the person until the fine is paid. The refusal to validate applies only to the permit for the vehicle involved in the commission of the offence, by virtue of subsection 7 (12) of the Highway Traffic Act and subsection 69 (4) of the Provincial Offences Act.