Bill 169, Transportation Statute Law Amendment Act, 2005

Takhar, Hon. Harinder S. Minister of Transportation

Versions

Bill 169 2005

An Act to amend the
Highway Traffic Act
and to amend and repeal
various other statutes
in respect of
transportation-related matters

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, 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:

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Section 1, this section and section 3 come into force on the day this Act receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a Schedule to this Act provides that it or any provision is to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3. The short title of this Act is the Transportation Statute Law Amendment Act, 2005.

SCHEDULE A
AMENDMENTS TO THE HIGHWAY TRAFFIC ACT

1. Subsections 7 (10) and (11) of the Highway Traffic Act are repealed and the following substituted:

No permit validation when fines unpaid

(10) Where a permit holder is in default of payment of a fine imposed for a parking infraction or of a fine imposed upon conviction of an offence under subsection 39.1 (2), an order or direction may be made under section 69 of the Provincial Offences Act directing that validation of that person's permit and issuance of a new permit to that person shall be refused until the fine is paid.

No permit issued when fines unpaid

(11) Where a person who is not a permit holder is in default of payment of a fine imposed for a parking infraction or of a fine imposed upon conviction of an offence under subsection 39.1 (2), an order or direction may be made under section 69 of the Provincial Offences Act directing that the issuance of a permit shall be refused to that person until the fine is paid.

2. Subsection 9 (1) of the Act is repealed and the following substituted:

Penalty for false statement, inaccurate information

(1) Every person who makes a false statement or includes inaccurate information in a written or electronic application, declaration, affidavit or other document required by this Act, the regulations or the Ministry is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person's driver's licence or vehicle permit may be suspended for a period of not more than six months.

Defence

(1.1) A person is not guilty of an offence under subsection (1) if the person exercised all reasonable care to avoid making a false statement or including inaccurate information.

3. (1) Clause 35 (1) (a) of the Act is repealed and the following substituted:

(a) display or cause or permit to be displayed or have in his or her possession a fictitious, imitation, altered or fraudulently obtained driver's licence;

(2) Section 35 of the Act is amended by adding the following subsection:

Offence

(4.1) Every person who contravenes clause (1) (a) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $50,000.

4. Part IV of the Act is amended by adding the following section:

Picking up passenger for compensation prohibited without licence, etc.

39.1 (1) A driver of a motor vehicle other than a bus shall not pick up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so by,

(a) the Public Vehicles Act;

(b) a municipal by-law passed under Part IV of the Municipal Act, 2001;

(d) an airport or airport authority,

except under the authority of such licence, permit or authorization.

Same

(2) The owner of a motor vehicle other than a bus shall not permit the motor vehicle to be driven by a person who the owner knows or has reason to believe intends to contravene subsection (1).

Same

(3) No person shall arrange or offer to arrange for a passenger to be picked up in a motor vehicle other than a bus for the purpose of being transported for compensation except under the licence, permit or authorization that is required to do so, as described in subsection (1).

Documents to be carried and surrendered

(4) Every driver of a motor vehicle other than a bus who picks up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so, as described in subsection (1), shall,

(a) carry the original or a copy of the required licence, permit or authorization; and

(b) upon the demand of a police officer or officer appointed for carrying out the provisions of this Act, surrender the original or copy of the required licence, permit or authorization for reasonable inspection.

Officer may require identification

(5) A police officer or officer appointed for carrying out the provisions of this Act who has reasonable and probable grounds to believe that a person has contravened subsection (3) may require that person to provide identification of himself or herself.

Same

(6) Every person who is required to provide identification under subsection (5) shall identify himself or herself to the officer and, for that purpose, giving his or her correct name, date of birth and address is sufficient identification.

Same

(7) A police officer may arrest without warrant any person who does not comply with subsection (6).

Offence

(8) Every person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $20,000.

Consent to prosecutions

(9) No prosecution shall be instituted under this section without the consent of a police officer or officer appointed for carrying out the provisions of this Act.

Regulations

(10) The Minister may make regulations,

(a) exempting any area of Ontario from this section;

(b) exempting any person or class of persons from this section and prescribing conditions for such exemption;

(c) exempting any motor vehicle or class or type of motor vehicles from this section and prescribing conditions for such exemption;

(d) prescribing circumstances under which any person or class of persons or any motor vehicle or class or type of motor vehicles is exempt from this section.

Definitions

(11) In this section,

"compensation" includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly; ("rémunération")

"owner" means, in the absence of evidence to the contrary, the holder of the permit or the plate portion of the permit for the vehicle. ("propriétaire")

5. Section 56 of the Act is repealed and the following substituted:

Demerit point system

56. (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars.

Same

(2) The demerit point system may provide for the cancellation and suspension of licences and may require that a driver, in order to show cause why his or her licence should not be cancelled or suspended, attend an interview or group session with an official of the Ministry or provide written information to the Ministry or both attend an interview or group session and provide written information.

Format for interviews, group sessions

(3) An interview or group session required under the demerit point system may be held in person or by telephone or other electronic means, as specified by the Ministry.

Fees

(4) The Minister may require the payment of fees for the attendance at an interview or group session or for providing written information under the demerit point system.

Same

(5) The Minister may set the amount of the fees required under subsection (4) and may set different fees for different classes of persons and for different circumstances.

6. Section 57 of the Act is repealed and the following substituted:

Conduct review system

57. (1) The Lieutenant Governor in Council may make regulations providing for a conduct review system with respect to any contravention of this Act and the regulations.

Same

(2) The conduct review system may provide for the suspension, cancellation or change of class of drivers' licences and may require that a driver, in order to show cause why his or her licence should not be cancelled, suspended or changed in respect of its class, attend an interview or group session with an official of the Ministry or provide written information to the Ministry or both attend an interview or group session and provide written information.

Format for interviews, group sessions

(3) An interview or group session required under the conduct review system may be held in person or by telephone or other electronic means, as specified by the Ministry.

Fees

(4) The Minister may require the payment of fees for the attendance at an interview or group session or for providing written information under the conduct review system.

Same

(5) The Minister may set the amount of the fees required under subsection (4) and may set different fees for different classes of persons and for different circumstances.

Classes

(6) The conduct review system may consist of one or more different systems for holders of different classes of driver's licence.

7. (1) Clauses 57.1 (1) (i) and (j) of the Act are repealed and the following substituted:

(i) prescribing circumstances under which a novice driver may be required to produce evidence with regard to successful completion of a Ministry-approved driver education or improvement course;

(2) Section 57.1 of the Act is amended by adding the following subsection:

Approved courses

(3) The Minister may approve driver education and improvement courses for the purpose of clause (1) (i).

8. Section 58 of the Act is repealed and the following substituted:

Driving instructors

58. (1) An individual shall not provide a prescribed class of driving instruction for compensation except under the authority of a driving instructor licence issued under this section that authorizes the individual to provide that class of driving instruction.

Issuance of driving instructor licence

(2) The Minister may issue a driving instructor licence to an individual authorizing the individual to provide a prescribed class or classes of driving instruction if the individual applies for the licence and meets the requirements of this section and the regulations made under it.

Conditions

(3) The Minister may issue a driving instructor licence subject to such conditions as the Minister considers appropriate.

Licensee's authority and duty

(4) A licensed driving instructor may provide driving instruction for compensation in the prescribed class or classes of driving instruction authorized by his or her licence and shall provide such instruction in accordance with this Act and the regulations made under this section.

Licence not transferable

(5) A driving instructor licence is not transferable.

Holding out

(6) No person shall hold themself out as being qualified to provide driving instruction for compensation in a prescribed class of driving instruction unless the person is licensed to do so under this section.

Fees

(7) It is a condition of a driving instructor licence that the licensee pay all prescribed fees in the manner and at the times prescribed.

Co-operation with inspector

(8) It is a condition of a driving instructor licence that the licensee co-operate with an inspector carrying out his or her duties under section 58.2.

Regulations

(9) The Minister may make regulations,

(a) prescribing classes of driving instruction for which a driving instructor licence is required in order to provide such instruction for compensation and prescribing classes of driving instructor licences;

(b) prescribing the qualifications and requirements for the issue of driving instructor licences or any class of them;

(d) prescribing standards for driving instruction or for any prescribed class of driving instruction;

(e) governing the safety and maintenance of motor vehicles and other equipment used by licensed driving instructors or any class of them;

(f) prescribing qualifications and requirements for holders of driving instructor licences or any class of them;

(g) governing the suspension and revocation of driving instructor licences or any class of them;

(h) governing appeals from a refusal to issue or renew a driving instructor licence or from a suspension or revocation of a driving instructor licence and a right to be heard in respect of a proposal to refuse to issue or renew or to suspend or revoke a driving instructor licence, including prescribing circumstances in which there is no right to an appeal or to be heard;

(i) prescribing books and records to be maintained by licensed driving instructors and requiring and governing the submission of reports and returns to the Ministry by licensees;

(j) prescribing fees to be paid for applications and for the issue and renewal of licences;

(k) establishing a system of fees to be paid by licensees in respect of the driving instruction they provide;

(l) governing the manner and times of payment of any prescribed fees;

(m) exempting driving instructors holding any class of licence from any provision of this section or of a regulation made under this section and prescribing conditions and circumstances for such exemption.

Classes

(10) A regulation made under subsection (9) may apply in respect of any class of persons, driving instruction or licences.

Conflict between regulations and by-law

(11) Where there is a conflict between a regulation made under subsection (9) and a by-law of a municipal council or police services board regulating or governing driving instructors or driving instruction, the regulation prevails.

Definition

(12) In this section,

"compensation" includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly.

Interpretation

(13) For the purposes of this section,

(a) a person who provides driving instruction as part of his or her employment or contractual duties is providing driving instruction for compensation;

(b) a person who provides driving instruction as an employee or contractor of a licensed driving school or otherwise under the auspices of a licensed driving school is providing driving instruction for compensation even if the compensation for the driving instruction is paid to the driving school.

9. Part IV of the Act is amended by adding the following section:

Driving schools

Definitions

58.1 (1) In this section and in section 58.2,

"driving school" means a business of providing driving instruction; ("auto-école")

"licensed driving school" means a driving school operated by one or more persons who hold a driving school licence. ("auto-école titulaire de permis")

Licence required

(2) No person shall operate a driving school that offers or provides a Ministry-approved course in a prescribed class of driving instruction except under the authority of a driving school licence issued under this section that authorizes that class of driving instruction.

Issuance of driving school licence

(3) The Minister may issue a driving school licence to a person or persons authorizing the person or persons to provide a Ministry-approved course or courses in a prescribed class or classes of driving instruction if the person or persons apply for the licence and meet the requirements of this section and the regulations made under it.

Conditions

(4) The Minister may issue a driving school licence subject to such conditions as the Minister considers appropriate.

Licensee's authority and duty

(5) A licensed driving school may offer or provide Ministry-approved courses in the prescribed class or classes of driving instruction authorized by its licence and shall provide such instruction in accordance with this Act and the regulations made under this section.

Driver education certificate

(6) No person shall issue a driver education certificate prescribed under a regulation made under this section unless the person is licensed as a driving school under this section and issues the certificate in accordance with the regulations.

Licence not transferable

(7) A driving school licence is not transferable.

Notice of change

(8) A corporation that holds a driving school licence and persons that hold a driving school licence as a partnership shall, within 15 days of any change in officers, directors or partners, as the case may be, notify the Minister in writing of the change and of any other prescribed information, in accordance with the regulations.

Fees

(9) It is a condition of a driving school licence that the licensee pay all prescribed fees in the manner and at the times prescribed.

Co-operation with inspector

(10) It is a condition of a driving school licence that the licensee and the officers, directors, employees and contractors of the licensee co-operate with an inspector carrying out his or her duties under section 58.2.

Holding out

(11) No person shall hold themself out as being a licensed driving school or as being qualified to offer or provide a Ministry-approved course in a prescribed class of driving instruction unless the person is licensed to do so under this section.

Regulations

(12) The Minister may make regulations,

(a) prescribing classes of driving instruction for which a driving school licence is required in order to provide instruction in Ministry-approved driving courses;

(b) prescribing the qualifications and requirements for the issue of driving school licences or any class of them;

(d) prescribing standards for driving instruction or any class of driving instruction to be met by licensed driving schools or any class of them;

(e) governing the safety and maintenance of the premises, motor vehicles and other equipment used by licensed driving schools or any class of them;

(f) prescribing qualifications and requirements for holders of driving school licences or any class of them;

(g) governing the suspension and revocation of driving school licences or any class of them;

(h) governing appeals from a refusal to issue or renew a driving school licence or from a suspension or revocation of a driving school licence and a right to be heard in respect of a proposal to refuse to issue or renew or to suspend or revoke a driving school licence, including prescribing circumstances in which there is no right to an appeal or to be heard;

(i) prescribing information for the purpose of subsection (8) and governing the notification required under that subsection;

(j) prescribing books and records to be maintained by licensed driving schools and requiring and governing the submission of reports and returns to the Ministry by licensees;

(k) prescribing fees to be paid for applications and for the issue and renewal of licences;

(l) establishing a system of fees to be paid by licensees in respect of the driving instruction they provide;

(m) requiring applicants for a licence to pay a fee determined in accordance with the regulation in respect of the driving education provided, between November 6, 2004 and the date the licence is issued, by the applicant or, if the applicant is two or more persons or a corporation, by one of the persons or shareholders;

(n) governing the manner and times of payment of any prescribed fees;

(o) governing the issuing of driver education certificates by licensed driving schools and governing the provision of driver education certificate forms by the Ministry to licensed driving schools, including prescribing fees to be paid by licensed driving schools for the certificate forms and governing the return of unused certificate forms to the Ministry and the payment of refunds for their return;

(p) exempting any class of persons, driving instruction or driving schools from any provision of this section or of a regulation made under this section and prescribing conditions and circumstances for such exemption.

Classes

(13) A regulation made under subsection (12) may apply in respect of any class of persons, driving instruction, driving schools or driving school licences.

Conflict between regulations and by-law

(14) Where there is a conflict between a regulation made under subsection (12) and a by-law of a municipal council or police services board regulating or governing driving instructors, driving schools or driving instruction, the regulation prevails.

Approved courses

(15) The Minister may approve courses in classes of driving instruction for the purposes of this section.

10. Part IV of the Act is amended by adding the following section:

Inspectors

58.2 (1) The Minister may appoint one or more persons as inspectors for the purposes of this section.

Certificate of appointment

(2) The Minister shall issue to every inspector appointed under subsection (1) a certificate of appointment and every inspector, in the execution of his or her duties under this section, shall produce his or her certificate of appointment upon request.

Powers of inspectors

(3) For the purpose of ensuring compliance with sections 58 and 58.1 and the regulations made under them, an inspector may, without a warrant,

(a) enter any premises of a licensed driving school;

(b) enter any premises where the records of a licensed driving instructor or licensed driving school or the motor vehicles, equipment and other things used by a licensed driving instructor or licensed driving school in providing driver education are kept;

(d) demand the production for inspection of a motor vehicle, equipment, record or other thing that is relevant to the inspection;

(e) remove for examination or testing a motor vehicle or any equipment or thing that is relevant to the inspection;

(f) remove for review and copying a record or other thing that is relevant to the inspection;

(g) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place;

(h) carry out any examination, test, audit or investigation procedure that is relevant to the inspection; and

(i) question a person on matters relevant to the inspection.

Dwellings

(4) The power to enter and inspect a place shall not be exercised to enter and inspect a part of the place that is used as a dwelling without the consent of the occupier.

Time of entry

(5) The power to enter and inspect a place shall be exercised during the regular business hours of the place or, if it does not have regular business hours, at any time the place is open for business.

Written demand

(6) A demand that a motor vehicle, equipment, record or other thing be produced for inspection must be in writing and must include a statement of the nature of the motor vehicle, equipment, record or thing required.

Obligation to produce and assist

(7) If an inspector demands that a motor vehicle, equipment, record or other thing be produced for inspection, the person who has custody of the motor vehicle, equipment, record or thing shall produce it immediately and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.

Things removed

(8) An inspector who removes a motor vehicle, equipment, record or other thing under clause (3) (e) or (f) or to whom a motor vehicle, equipment, record or other thing is delivered pursuant to a demand made under clause (3) (d) shall give a receipt for the motor vehicle, equipment, record or thing and return it to the person who produced or delivered it within a reasonable time.

Copy admissible in evidence

(9) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value.

Obstruction

(10) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading.

Regulations re costs of inspection

(11) The Minister may make regulations requiring licensees to pay to the Ministry the costs of any inspection conducted under this section.

Definition

(12) In this section,

"inspection" includes an examination, test, audit, inquiry and investigation.

11. Subsection 70 (1) of the Act is amended by adding the following clause:

(e.1) exempting any vehicle or person or class or type of vehicles or class of persons from a prohibition under clause (e) and regulating the use of a type of tire that is otherwise prohibited under clause (e) for the purpose of such exemption, including prescribing the period of the year during which and geographic areas where the exemption applies and other conditions and circumstances that must exist for the exemption to apply;

12. (1) Subsection 79.1 (2) of the Act is repealed.

(2) Section 79.1 of the Act is amended by adding the following subsection:

Regulations

(5.1) The Lieutenant Governor in Council may make regulations exempting any class of persons or any class or type of vehicles from subsection (1) and prescribing conditions for such exemptions.

13. (1) Subsection 84.1 (2) of the Act is repealed and the following substituted:

Exception

(2) If a wheel is detached for the purpose of carrying out a roadside repair, subsection (1) does not apply while the wheel is so detached.

(2) Subsection 84.1 (7) of the Act is repealed and the following substituted:

Definitions

(7) In this section,

"operator" means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")

"wheel" includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. ("roue")

Same

(8) In this section and in sections 84.2 and 84.3,

"commercial motor vehicle" does not include a commercial motor vehicle, other than a bus, having a gross vehicle weight, as defined in subsection 114 (1), or manufacturer's gross vehicle weight rating, or gross vehicle weight for the purpose of determining the permit fee under subsection 121 (1) of 4,500 kilograms or less; ("véhicule utilitaire")

"permit" means a permit issued under subsection 7 (7) or a vehicle permit issued by another province or state. ("certificat d'immatriculation")

(3) Clause (b) of the definition of "operator" in subsection 84.1 (7) of the Act, as re-enacted by subsection (2), is amended by striking out "or contract".

14. Part VI of the Act is amended by adding the following section:

Offence if parts, etc., detach

84.2 (1) Where any part of a vehicle or anything affixed to a vehicle becomes detached from the vehicle while it is on a highway, the driver of the vehicle is guilty of an offence.

Exception

(2) If a part or thing is detached from a vehicle for the purpose of carrying out a roadside repair, subsection (1) does not apply while the part or thing is so detached.

Penalty

(3) Upon conviction of an offence under subsection (1), the driver of the vehicle is liable to a fine of not less than $100 and not more than $2,000.

Same

(4) Where the vehicle from which the part or thing becomes detached is a commercial motor vehicle, a vehicle drawn by a commercial motor vehicle, a mobile crane or a road-building machine, the driver of the vehicle is liable on conviction to a fine of not less than $400 and not more than $20,000, and not as provided in subsection (3).

Licence suspension

(5) In addition to the penalty under subsection (3) or (4), as the case may be, the court may suspend the person's driver's licence for a period of not more than 60 days.

15. Part VI of the Act is amended by adding the following section:

Offence of causing parts to detach

84.3 (1) Every person who performs work to repair or maintain a vehicle or a vehicle part and who does anything that causes a part of the vehicle or anything affixed to the vehicle to become detached from the vehicle while it is on a highway is guilty of an offence.

Same

(2) Every person who carries on a business of repairing or maintaining vehicles or vehicle parts and who does anything or permits another person to do anything that causes a part of a vehicle or anything affixed to a vehicle to become detached from the vehicle while it is on a highway is guilty of an offence.

Exception

(3) If a part or thing is detached from a vehicle for the purpose of carrying out a roadside repair, subsections (1) and (2) do not apply while the part or thing is so detached.

Penalty

(4) Upon conviction of an offence under subsection (1) or (2), a person is liable to a fine of not less than $100 and not more than $2,000.

Same, commercial motor vehicle

(5) Where the vehicle from which the part or thing becomes detached is a commercial motor vehicle, a vehicle drawn by a commercial motor vehicle, a mobile crane or a road-building machine, the person who is guilty of an offence under subsection (1) or (2) is liable on conviction to a fine of not less than $400 and not more than $20,000, and not as provided in subsection (4).

16. Section 107 of the Act is repealed and the following substituted:

Inspection and maintenance of commercial motor vehicles

107. (1) Every operator shall establish a system, and prepare and keep a written record of that system, to periodically inspect and maintain all commercial motor vehicles and vehicles drawn by commercial motor vehicles that are under the operator's control and that are operated or drawn on the highway.

Same

(2) Every operator shall ensure that periodic inspections and maintenance are carried out in accordance with the system established under subsection (1).

Performance standards

(3) Every operator shall ensure that the commercial motor vehicles operated by the operator on a highway and the vehicles drawn by such commercial motor vehicles meet the prescribed performance standards.

Daily and under-vehicle inspections and reports

(4) Every operator shall, for every commercial motor vehicle operated by the operator and for every vehicle drawn by such a commercial motor vehicle,

(a) supply the driver of the commercial motor vehicle with the daily inspection schedule for the commercial motor vehicle and the drawn vehicle;

(b) ensure that daily inspections of the commercial motor vehicle and drawn vehicle are conducted in the prescribed manner;

(c) ensure that any under-vehicle inspections required by the regulations in respect of the commercial motor vehicle and drawn vehicle are conducted at the times, in the circumstances and in the manner prescribed;

(d) ensure the accurate completion of daily inspection reports and under-vehicle inspection reports in respect of the commercial motor vehicle and drawn vehicle.

Completion of inspection reports

(5) Every person who conducts a daily inspection or under-vehicle inspection shall accurately complete an inspection report forthwith after completing the inspection.

Driver to carry inspection schedule, reports

(6) At all times while in control of a commercial motor vehicle on a highway, the driver of the vehicle shall have in his or her possession the daily inspection schedule for the commercial motor vehicle and for any vehicle drawn by the commercial motor vehicle and the completed daily inspection reports and under-vehicle inspection reports, if applicable, for the commercial motor vehicle and drawn vehicle.

Driver to surrender reports

(7) The driver of a commercial motor vehicle shall, upon the demand of a police officer or officer appointed for carrying out the provisions of this Act, forthwith surrender the inspection schedule and reports that he or she is required to have in his or her possession by subsection (6).

Report to operator

(8) Every driver of a commercial motor vehicle shall,

(a) make an entry in the daily inspection report forthwith upon any defect coming to his or her attention after the daily inspection is conducted;

(b) report forthwith to the operator, as prescribed, any defect found on the commercial motor vehicle or vehicle drawn by the commercial motor vehicle as a result of the daily inspection or that comes to his or her attention after the daily inspection is conducted; and

Prohibition - driving without completing inspections, reports

(9) No person shall drive a commercial motor vehicle on a highway unless a daily inspection of the commercial motor vehicle and any vehicle drawn by the commercial motor vehicle and, if required by the regulations, an under-vehicle inspection or inspections, have been conducted as required by the regulations and an inspection report for each inspection has been completed.

Where inspection conducted by person other than driver

(10) Where a person other than the driver of the commercial motor vehicle conducts the daily inspection or under-vehicle inspection and provides the driver with a completed inspection report, the driver may rely on the inspection report for the purpose of subsection (9) as proof that the inspection to which it relates was conducted as required by the regulations, unless the driver has reason to believe otherwise.

Prohibition - driving with prescribed defect

(11) No person shall drive a commercial motor vehicle on a highway if the commercial motor vehicle or any vehicle drawn by the commercial motor vehicle has a defect prescribed for the purpose of this subsection.

Same

(12) No person shall drive a commercial motor vehicle on a highway if the commercial motor vehicle or any vehicle drawn by the commercial motor vehicle has a defect prescribed for the purpose of this subsection, except as permitted by and in accordance with the regulations.

Records

(13) Every operator of a commercial motor vehicle shall maintain or cause to be maintained the books and records that are prescribed at the prescribed location and shall produce the books and records upon the demand of an officer appointed for carrying out the provisions of this Act.

Electronic documents

(14) Despite the Electronic Commerce Act, 2000, electronic documents may only be used for a purpose under this section in compliance with the regulations.

Offence

(15) Every person who contravenes or fails to comply with subsection (1), (2), (3), (4), (11) or (13) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both.

Same

(16) Every person who contravenes or fails to comply with subsection (5), clause (8) (b) or subsection (9) or (12) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

Not liable for other offences

(17) It is a defence for a person, other than the operator, charged with an offence under another section of this Act in respect of a defect prescribed for the purpose of subsection (12) that the person complied with the regulations made for the purpose of that subsection.

Regulations

(18) The Lieutenant Governor in Council may make regulations,

(a) defining "commercial motor vehicle" and "operator" for the purposes of this section;

(b) respecting the driving or operation of commercial motor vehicles and the drawing of vehicles by commercial motor vehicles;

(c) prescribing minimum requirements that the system of periodic inspections and maintenance required by subsection (1) must meet, including the content and frequency of the inspections and maintenance;

(d) prescribing performance standards for the purpose of subsection (3);

(e) governing daily inspections and under-vehicle inspections, including prescribing their content, method, and timing, the period for which they are valid and, in respect of under-vehicle inspections, the classes or types of vehicles that require them;

(f) prescribing the qualifications of the persons who may inspect vehicles, and prescribing different qualifications for different kinds of inspections and for different classes or types of vehicles;

(g) prescribing the contents of daily inspection schedules and reports and under-vehicle inspection reports;

(h) governing the making of entries under clause (8) (a);

(i) governing the reporting under clause (8) (b), including operators' responsibilities with respect to reporting;

(j) governing the submission of inspection reports under clause (8) (c);

(k) prescribing defects for the purpose of subsection (11);

(l) prescribing defects and requirements for the purpose of subsection (12);

(m) prescribing and governing books and records to be maintained by operators and prescribing the location where books and records are to be maintained;

(n) governing the use of electronic documents;

(o) exempting any person or class of persons or any vehicle or class or type of vehicles from any provision of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption.

Same

(19) A regulation made under subsection (18) may apply in respect of a class or type of vehicle or class of operator or person and may contain different provisions for different classes or types of vehicles and different classes of operators and persons.

17. (1) Subsection 128 (1) of the Act is repealed and the following substituted:

Rate of speed

(1) No person shall drive a motor vehicle at a rate of speed greater than,

(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;

(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (3.1), (4), (5), (6), (6.1) or (7);

(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or

(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1.

(2) Subsection 128 (3) of the Act is repealed and the following substituted:

Same

(3) The rate of speed prescribed under subsection (2) or set under subsection (10) shall be 40, 50, 60, 70, 80, 90 or 100 kilometres per hour.

(3) Section 128 of the Act is amended by adding the following subsection:

Rate in traffic calming areas

(3.1) Where the roadway of a highway, or of a portion of a highway, has physical impediments for the purpose of reducing traffic speeds to less than 40 kilometres per hour, the council of a municipality may by by-law prescribe a rate of speed of 30 kilometres per hour for motor vehicles driven on the highway or portion of the highway.

(4) Subsections 128 (8), (9) and (10) of the Act are repealed and the following substituted:

Construction zones

(8) An official of the Ministry authorized by the Minister in writing may designate any part of the King's Highway as a construction zone, and every construction zone designated under this subsection shall be marked by signs in accordance with the regulations.

Same

(8.1) A person appointed by the municipality for the purpose of this subsection may designate a highway or portion of a highway under the municipality's jurisdiction as a construction zone, and every construction zone designated under this subsection shall be marked by signs in accordance with the regulations.

Same

(8.2) The presence of signs posted under subsection (8) or (8.1) is proof, in the absence of evidence to the contrary, of the designation of the portion of the highway as a construction zone, of the authority of the person authorized under subsection (8) or (8.1) to make the designation and of the speed limit set for the portion of the highway under subsection (10).

Regulations Act does not apply

(9) A designation under subsection (8) or (8.1) and the setting of a speed limit under subsection (10) are not regulations within the meaning of the Regulations Act.

Speed limit in construction zones

(10) The person authorized under subsection (8) or (8.1) may set a lower rate of speed for motor vehicles driven in the designated construction zone than is otherwise provided in this section, and the speed limit shall not become effective until the highway or portion of it affected is signed in accordance with subsection (8) or (8.1), as the case may be, and with subsection (10.1).

Speed limit signs in construction zones

(10.1) Signs posting the maximum rate of speed at which motor vehicles may be driven in a designated construction zone may be erected in accordance with the regulations.

(5) Subsection 128 (11) of the Act is repealed and the following substituted:

By-laws, regulations effective when posted

(11) No by-law passed under this section or regulation made under clause (7) (c) becomes effective until the highway or portion of it affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations.

(6) Subsection 128 (13) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Fire department vehicles and police vehicles

(13) The speed limits prescribed by this section or by a regulation or by-law passed under this section or set under section 128.0.1 do not apply to,

. . . . .

(7) Subsection 128 (14) of the Act is repealed and the following substituted:

Penalty

(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit.

(8) Section 128 of the Act is amended by adding the following subsection:

Penalty for speeding in construction zones

(14.1) Every person who contravenes this section in a construction zone designated under subsection (8) or (8.1) when there is a worker in the construction zone is liable on conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit.

(9) Subsection 128 (15) of the Act is repealed and the following substituted:

Suspension of licence on conviction

(15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may,

(a) suspend the driver's licence of the person for a period of not more than 30 days;

(b) upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver's licence of the person for a period of not more than 60 days;

(c) upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver's licence of the person for a period of not more than one year.

Determining subsequent conviction

(15.1) In determining whether a conviction is a subsequent conviction for the purposes of subsection (15), 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.

Five-year limitation

(15.2) Clauses (15) (b) and (c) do not apply when the subsequent conviction is more than five years after the first conviction.

Transition

(15.3) Despite subsection (15.2), a conviction that was before the date on which this subsection comes into force shall not be taken into account for the purpose of clauses (15) (b) and (c).

(10) Section 128 of the Act is amended by adding the following subsection:

Certificate of offence not to be amended to charge owner

(15.4) A certificate of offence that specifies an offence under section 128 against a driver shall not be amended to reflect a charge against that person as an owner.

18. Part IX of the Act is amended by adding the following section:

Variable speed limits

128.0.1 (1) The Minister may designate any highway or portion of a highway where variable maximum rates of speed may be set in accordance with this section.

Same

(2) An official of the Ministry authorized by the Minister in writing may, from time to time, set a maximum rate of speed for a highway or portion of a highway designated under subsection (1) or for each lane, direction of travel or class or type of motor vehicle on a highway or portion of a highway designated under subsection (1).

Speed limits posted

(3) A maximum rate of speed set under subsection (2) shall be posted by means of signs prescribed by the regulations and is not effective unless it is so posted.

Where no speed limit posted

(4) Where no maximum rate of speed is posted under this section, the maximum rate of speed for the highway or portion of the highway or for the lane, direction of travel or class or type of motor vehicle shall be the maximum rate of speed that would otherwise apply under section 128.

Records

(5) The Ministry official shall keep a record of every maximum rate of speed set and posted under subsections (2) and (3), together with the highway or portion of the highway or lane, direction of travel and class or type of motor vehicle to which it applies, the dates and times for which it is applicable and the dates and times when it was set and posted.

Regulations

(6) The Minister may make regulations,

(a) designating highways or portions of highways for the purpose of subsection (1);

(b) prescribing the kinds of signs that may be used for the purposes of this section and prescribing the wording or messages that may be displayed on them.

Regulations Act does not apply

(7) The setting of a speed limit under subsection (2) is not a regulation within the meaning of the Regulations Act.

19. Subsection 134 (4) of the Act is repealed and the following substituted:

Exception to subs. (3)

(4) Subsection (3) does not apply to a road service vehicle, an ambulance, a fire department vehicle, a public utility emergency vehicle, a police vehicle or a motor vehicle driven by a firefighter, as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, who is performing his or her duties.

20. Part X of the Act is amended by adding the following section:

Removal of vehicle, debris blocking traffic

134.1 (1) Where a police officer considers it reasonably necessary,

(a) to ensure orderly movement of traffic; or

(b) to prevent injury or damage to persons or property,

he or she may remove and store or order the removal and storage of a vehicle, cargo or debris that are directly or indirectly impeding or blocking the normal and reasonable movement of traffic on a highway and shall notify the owner of the vehicle of the location to which the vehicle was removed.

Costs of removal

(2) The costs and charges for the removal and storage of the vehicle, cargo or debris removed are a debt due by the owner, operator and driver of the vehicle, for which they are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction and are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act.

Conflict with other Acts

(3) In the event of a conflict with this section, the following prevail:

1. Part X of the Environmental Protection Act and the regulations made under it, with respect to a pollutant on a highway.

2. The Dangerous Goods Transportation Act and the regulations made under it.

Protection from liability

(4) No action or other proceeding for damages shall be brought against a police officer, a police force, a police services board, any member of a police services board, the Crown, an employee of the Crown or an agent of the Crown for any act done in good faith in the performance or intended performance of a duty under this section, or in the exercise or intended exercise of a power under this section, or any neglect or default in the performance or exercise in good faith of such duty or power.

Definition

(5) In subsection (2),

"operator" means,

(a) operator as defined in subsection 16 (1), and

(b) in the absence of evidence to the contrary, where there is no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, the holder of the plate portion of the permit for the commercial motor vehicle.

21. (1) The English version of subsection 140 (5) of the Act is amended by striking out "maximum speed limit" and substituting "speed limit".

(2) Section 140 of the Act is amended by adding the following subsection:

Offence

(7) Every person who contravenes subsection (1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500.

22. Section 144 of the Act is amended by adding the following subsection:

Offence

(31.3) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500.

23. Part X of the Act is amended by adding the following section:

Traffic control stop and slow signs

146.1 (1) A traffic control person on a roadway or adjacent to a roadway where construction or maintenance work is being carried out may display a traffic control stop or slow sign.

Same - firefighters

(2) A firefighter on a roadway or adjacent to a roadway where an accident has occurred may display a traffic control stop or slow sign.

Driver required to stop

(3) Where a traffic control person or firefighter displays a traffic control stop sign, the driver of any vehicle or street car approaching the person shall stop before reaching him or her and shall not proceed until the traffic control person or firefighter stops displaying the traffic control stop sign.

Driver required to slow down

(4) Where a traffic control person or firefighter displays a traffic control slow sign, the driver of any vehicle or street car approaching the person shall approach the person and proceed past him or her and past the construction or maintenance work or scene of an accident with caution and at a slow rate of speed so as not to endanger any person or vehicle on or adjacent to the roadway.

Unauthorized use of sign

(5) No person other than a traffic control person or firefighter shall display on a highway a traffic control stop or slow sign.

Regulations

(6) The Lieutenant Governor in Council may make regulations prescribing the type, design and specifications of traffic control stop and slow signs.

Definitions

(7) In this section,

"construction or maintenance work" includes work by a utility, including a public utility within the meaning of the Public Utilities Act or the Municipal Act, 2001, or by a transmitter or distributor within the meaning of the Electricity Act, 1998; ("travaux de construction ou d'entretien")

"firefighter" has the same meaning as in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; ("pompier")

"traffic control person" means a person who is directing traffic and,

(a) is employed by,

(i) the road authority with jurisdiction over the highway,

(ii) a public utility within the meaning of the Public Utilities Act or the Municipal Act, 2001,

(iii) a transmitter or distributor within the meaning of the Electricity Act, 1998, or

(iv) a person under contract with the road authority, public utility, transmitter or distributor to do construction or maintenance work on or adjacent to the roadway, or

(b) is employed by or under contract with a person who has been issued a permit or written authorization by the road authority with jurisdiction over the highway to occupy a lane or a portion of a highway in order to undertake work on or adjacent to the highway. ("agent de régulation de la circulation")

24. Section 151 of the Act is repealed and the following substituted:

Highways designated for use of paved shoulder

151. (1) The Minister may by regulation designate any part of the King's Highway where the paved shoulder may be driven on, and may make regulations,

(a) regulating the use of the paved shoulder on a designated part of the highway and prescribing conditions and circumstances for that use, including prescribing rules of the road applicable to the use of the paved shoulder, exemptions from any requirement in this Part or in a regulation made under this Part applicable to the use of the paved shoulder and conditions and circumstances for such exemptions;

(b) providing for the erection of signs and the placing of markings,

(i) on any highway approaching any part of a highway designated as having a paved shoulder that may be driven on, and

(ii) on any part of a highway designated as having a paved shoulder that may be driven on;

(c) prescribing the types of the signs and markings referred to in clause (b), instructions to be contained on them and the location of each type of sign and marking.

Classes, types of vehicles, drivers

(2) A regulation made under subsection (1) may prescribe different classes or types of vehicles and different classes of drivers and may define the class or type in relation to any characteristics, including the owner or operator of the vehicle, the purpose for which the vehicle is being used or the employer of or training taken by the driver.

Same

(3) A regulation made under subsection (1) may be general or particular in its application and may apply differently to different classes or types of vehicles or different classes of drivers.

When designation is in effect

(4) No designation made under this section becomes effective until signs are erected in accordance with this section on the designated part of the highway.

Non-authorized use of shoulder prohibited

(5) No person shall drive on the paved shoulder of any part of the King's Highway except in accordance with this section and a regulation made under it.

Act, regulations otherwise apply

(6) Except as otherwise provided in a regulation made under this section, the provisions of this Act and its regulations applicable to vehicles apply with necessary modifications to the operation of a vehicle on the paved shoulder of a designated highway.

Paved shoulder deemed not part of roadway

(7) A paved shoulder on any part of a highway that is designated under this section shall be deemed not to be part of the roadway within the meaning of the definition of "roadway" in subsection 1 (1) or part of the pavement for the purposes of clause 150 (1) (b).

25. Part X of the Act is amended by adding the following section:

Regulations for high occupancy vehicle lanes

154.1 (1) Where a part of the King's Highway has been divided into clearly marked lanes for traffic, the Minister may by regulation designate any lane as a high occupancy vehicle lane for that part of the King's Highway and may make regulations,

(a) limiting the designation to specified months or times of the year, days, times, conditions or circumstances;

(b) limiting the use of high occupancy vehicle lanes to vehicles, or any class or type of vehicles, with a specified number of occupants, and prescribing conditions and circumstances for such use;

(c) regulating the use of high occupancy vehicle lanes, including prescribing rules of the road applicable to the use of the lanes, exemptions from any requirement in this Part or in a regulation made under this Part applicable to the use of the lanes and conditions and circumstances for such exemptions;

(d) providing for the erection of signs and the placing of markings to identify high occupancy vehicle lanes and the entry and exit points for high occupancy vehicle lanes;

(e) prescribing the types of the signs and markings referred to in clause (d), instructions to be contained on them and the location of each type of sign and marking.

Regulation may be general or specific

(2) A regulation made under subsection (1) may be general or specific in its application and may apply differently to different classes or types of vehicles.

Offence

(3) No person shall drive a motor vehicle in a high occupancy vehicle lane or enter or exit a high occupancy vehicle lane except in accordance with this section and the regulations made under it.

26. Part X of the Act is amended by adding the following section:

Restricted use of border approach lanes

154.2 (1) Where a highway approaches the border between Canada and the United States of America and has been divided into clearly marked lanes for traffic, the Minister or, if the highway is under municipal jurisdiction, the municipality with jurisdiction over the highway may erect signs marking any lane on the highway, or on any part of the highway, as a border approach lane.

Offence

(2) No person shall drive a vehicle in a border approach lane except in accordance with the regulations made under this section.

Authority to stop vehicles

(3) A police officer may require a driver of a vehicle in a border approach lane to stop and the police officer may demand that the driver and occupants of the vehicle produce for examination the identification or authorization, or both, required under this section.

Same

(4) The driver and occupants of a vehicle shall comply with any requirement or demand made by a police officer under subsection (3).

Regulations

(5) The Minister may make regulations,

(a) limiting the use of border approach lanes to vehicles, or any class or type of vehicles, that are clearly authorized in accordance with the regulation;

(b) limiting the use of border approach lanes to drivers or occupants of vehicles, or of any class or type of vehicles, or any class of drivers or occupants, who carry identification in accordance with the regulation;

(c) prescribing conditions and circumstances for the use of border approach lanes by vehicles or persons described in clause (a) or (b), including limiting the use of border approach lanes to specified months or times of the year, days or time of day;

(d) prescribing the authorization that is required for a vehicle, or a vehicle belonging to a prescribed class or type of vehicle, to be entitled to use border approach lanes;

(e) prescribing the identification that is required for a person, or a prescribed class of person, to be entitled to use border approach lanes;

(f) governing the erection of signs and the placing of markings to identify border approach lanes;

(g) prescribing the types of the signs and markings referred to in clause (f), instructions to be contained on them and the location of each type of sign and marking;

(h) exempting buses, ambulances, fire apparatus, commercial motor vehicles as defined in subsection 16 (1) that are engaged in highway maintenance or construction and any other type or class of vehicle from any of the limitations in the regulation, and prescribing conditions and circumstances for such exemptions;

(i) exempting any class of drivers or occupants from any of the limitations in the regulation, and prescribing conditions and circumstances for such exemptions;

(j) prescribing the maximum length of a border approach lane.

Regulation may be general or specific

(6) A regulation made under subsection (5) may be general or specific in its application and may apply differently to different classes or types of vehicles or persons.

27. The English version of subsection 157 (1) of the Act is amended by striking out "maximum speed limit" and substituting "speed limit".

28. (1) The English version of subsections 170 (10) and (11) of the Act is amended by striking out "maximum speed limit" wherever it appears and substituting in each case "speed limit".

(2) Subsection 170 (15) of the Act is repealed and the following substituted:

Powers of officer to remove vehicle

(15) A police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, upon discovery of any vehicle parked or standing in contravention of subsection (12), of a regulation made under subsection 26 (3) of the Public Transportation and Highway Improvement Act or of a municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for the removal, care and storage of the vehicle, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act.

29. (1) Subsections 176 (2) and (3) of the Act are repealed and the following substituted:

School crossing guard shall display sign

(2) A school crossing guard about to direct persons across a highway with a speed limit not in excess of 60 kilometres per hour shall, prior to entering the roadway, display a school crossing stop sign in an upright position so that it is visible to vehicles approaching from each direction and shall continue to so display the school crossing stop sign until all persons, including the school crossing guard, have cleared the roadway.

Vehicles approaching guard displaying sign

(3) Where a school crossing guard displays a school crossing stop sign as provided in subsection (2), the driver of any vehicle or street car approaching the school crossing guard shall stop before reaching the crossing and shall remain stopped until all persons, including the school crossing guard, have cleared the half of the roadway upon which the vehicle or street car is travelling and it is safe to proceed.

(2) Section 176 of the Act is amended by adding the following subsection:

Offence

(5.1) Every person who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500.

30. The English version of subsection 186 (1) of the Act is amended by striking out "maximum speed limit" and substituting "speed limit".

31. (1) Subsection 207 (5) of the Act is repealed and the following substituted:

No imprisonment or probation

(5) Any person convicted of an offence pursuant to subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction.

(2) Section 207 of the Act is amended by adding the following subsection:

Definition

(9) In this section,

"owner" includes an operator as defined in section 16 or as deemed in section 19.

32. (1) Subsection 214.1 (6) of the Act is repealed and the following substituted:

Penalty for speeding in community safety zone

(6) Every person who commits an offence under section 128 in a community safety zone when it is in effect is liable, on conviction, not to the fines set out in subsection 128 (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of double the fine set out in clause 128 (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of double the fine set out in clause 128 (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of double the fine set out in clause 128 (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of double the fine set out in clause 128 (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit.

(2) Section 214.1 of the Act is amended by adding the following subsection:

Same, construction zone

(6.1) Every person who commits an offence under section 128 in a community safety zone, when it is in effect, that is also a construction zone designated under subsection 128 (8) or (8.1), when there is a worker in the construction zone, is liable, on conviction, to the penalties set out in subsection (6) and not to an additional penalty under subsection 128 (14.1).

33. (1) The Act is amended by adding the following Part:

PART XVI
PILOT PROJECTS

Pilot projects

228. (1) The Lieutenant Governor in Council may by regulation authorize or establish a project for research into or the testing or evaluation of any matter governed by this Act or relevant to highway traffic.

Project may conflict with Acts

(2) Under a project authorized or established under subsection (1),

(a) persons or classes of persons may be authorized to do or use a thing that is prohibited or regulated under this Act, the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act, the Public Vehicles Act or the Truck Transportation Act or to not do or use a thing that is required or authorized by any of those Acts;

(b) the Minister or Ministry or any person authorized or required to do anything under this Act, the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act, the Public Vehicles Act or the Truck Transportation Act may be authorized or required to do anything that is not authorized or required under any of those Acts or to do anything that is authorized or required under any of those Acts in a way that is different from the way it is authorized or required.

Limited to classes

(3) An authorization or requirement described in subsection (2) may be limited to any class of persons, class or type of vehicles, class of equipment, devices or highways, parts of Ontario, time of year or day, activities, matters or any other things.

Regulation to create own scheme of rules

(4) A regulation made under this section may regulate the doing of anything or the use of any thing or prohibit the doing of anything or the using of any thing.

Insurance

(5) A regulation made under this section may require a person or class of persons to carry insurance of a kind and in the amount specified.

Time limit

(6) A regulation made under this section must provide that it is revoked no later than the twelfth anniversary of the day the regulation is filed.

Project prevails over Acts

(7) In the event of a conflict between a regulation made under this section and any provision of this Act, the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act, the Public Vehicles Act or the Truck Transportation Act or of a regulation made under any of those Acts, the regulation made under this section prevails.

Offence

(8) Every person who contravenes a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $2,500.

(2) Section 228 of the Act, as enacted by subsection (1), is amended by striking out "the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act, the Public Vehicles Act or the Truck Transportation Act" wherever it appears and substituting in each case "the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act or the Public Vehicles Act".

Commencement

34. (1) Sections 5 to 8, 10 and 19, subsection 21 (1), section 27, subsection 28 (1), sections 30 and 31, subsection 33 (1) and this section come into force on the day the Transportation Statute Law Amendment Act, 2005 receives Royal Assent.

Same

(2) Sections 1 to 4, 9, 11 to 18, 20, subsection 21 (2), sections 22 to 26, subsection 28 (2), sections 29 and 32 and subsection 33 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
AMENDMENTS TO AND
REPEAL OF OTHER ACTS

Amendment to the
Planning Act

1. Subsection 51 (25) of the Planning Act is amended by adding the following clause:

(b.1) that such land be dedicated for commuter parking lots, transit stations and related infrastructure for the use of the general public using highways, as the approval authority considers necessary;

Amendments to the
Public Transportation and
Highway Improvement Act

2. Subsection 26 (3) of the Public Transportation and Highway Improvement Act is repealed and the following substituted:

Regulations

(3) The Lieutenant Governor in Council may make regulations prohibiting or regulating the use of any commuter parking lot or transit station or of any rest, service or other area or any class or classes of them constructed, maintained or operated under subsection (1), but no such regulation shall affect the operation of any agreement entered into by the Crown as represented by the Minister with respect to a service area except to the extent that the other party to the agreement consents.

3. Part I of the Act is amended by adding the following section:

Authority to conduct surveys on highways

26.1 (1) The Minister may authorize persons to stop vehicles on highways and conduct surveys about highway use and highway needs in order to assist the Ministry in planning, designing, maintaining and constructing highways.

Authority to stop drivers

(2) A person authorized by the Minister to conduct surveys and who is readily identifiable as such may direct the driver of any vehicle to move the vehicle safely to the side of the highway and stop there.

Identification

(3) A person conducting a survey shall produce, on request, evidence of his or her authorization.

Safety

(4) A person conducting a survey shall follow appropriate safety measures to ensure his or her own safety and the safety of others participating in the survey and of drivers, pedestrians and other persons on the highway.

Protection from personal liability

(5) No action or other proceeding for damages shall be instituted against a person conducting a survey under the authority of this section for any act done in good faith in the execution or intended execution of his or her duty under this section or for any neglect or default in the execution in good faith of that duty.

Crown not relieved of liability

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

Repeal of the City of Toronto Act
(Traffic Calming), 2000

4. (1) The City of Toronto Act (Traffic Calming), 2000, being chapter Pr9, is repealed.

(2) Despite subsection (1), any by-law made under the City of Toronto Act (Traffic Calming), 2000, being chapter Pr9, and in force on the day subsection (1) comes into force shall be deemed to have been made under subsection 128 (3.1) of the Highway Traffic Act and shall remain in force until it is amended or repealed under that subsection.

Commencement

5. (1) This section comes into force on the day the Transportation Statute Law Amendment Act, 2005 receives Royal Assent.

Same

(2) Sections 1 to 4 come into force on a day to be named by proclamation of the Lieutenant Governor.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 169 and does not form part of the law. Bill 169 has been enacted as Chapter 26 of the Statutes of Ontario, 2005.

Schedule A to the Bill amends the Highway Traffic Act. Schedule B amends the Planning Act and the Public Transportation and Highway Improvement Act and repeals the City of Toronto Act (Traffic Calming), 2000.

Schedule A - Amendments to the Highway Traffic Act

The following amendments create new ways of using highways:

Section 128 of the Act is amended to permit municipalities to pass by-laws prescribing a speed limit of 30 kilometres per hour in traffic calming areas.

New section 128.0.1 allows for the use of variable speed limits on designated highways or parts of highways. The Ministry may set different speed limits to apply, at different times, to different highways or parts of highways and to different lanes, directions of travel and classes or types of motor vehicles on a designated highway.

New section 154.1 allows the Minister to designate any lane as a high occupancy vehicle lane and to limit the use of that lane to prescribed classes or types of vehicles with a specified number of occupants.

New section 154.2 permits the Minister and municipalities with jurisdiction over a highway that approaches the Canada-U.S. border to sign or mark any lane on the highway as a border approach lane. Use of border approach lanes is restricted to persons and vehicles carrying the prescribed authorization or identification.

New Part XVI (Pilot Projects) is added to the Act. This allows the Lieutenant Governor in Council by regulation to authorize or establish a pilot project for research, testing or evaluation purposes. Any regulation that authorizes or establishes a pilot project must provide that it is revoked within 12 years after it is made.

The following amendments modify existing regulatory schemes:

There are currently rules in force in Ontario imposed by the Public Vehicles Act, municipal by-laws, federal regulations and airports and airport authorities that require a licence, permit or other authorization in order to pick up passengers in a motor vehicle for the purpose of transporting them for compensation. The Bill adds new section 39.1 to create a new offence in the Highway Traffic Act if a driver picks up passengers for the purpose of transporting them for compensation without the licence, permit or authorization required by those rules.

Sections 56 (Demerit point system) and 57 (Conduct review system) of the Act are re-enacted to provide that where a driver is required to attend before a Ministry official to show cause why his or her licence should not be cancelled, suspended or changed in respect of its class, he or she may be required to attend an interview or group session with a Ministry official or provide written information to the Ministry, or both. The Minister is authorized to set fees for the interviews, group sessions or submission of written information.

Section 57.1 of the Act is amended so that the Ministry-approved courses that may be required of novice drivers need not be prescribed by regulation.

The re-enactment of section 58 of the Act and the enactment of sections 58.1 and 58.2 create an expanded regulatory scheme respecting driving instructors and driving schools. In particular, different classes of driving instructor licences may be issued, each authorizing different classes of driving instruction. Driving schools will require a licence to provide Ministry-approved driving courses in prescribed classes of driving instruction. A driving school must be licensed as well in order to issue driver education certificates that are provided by the Ministry. New section 58.2 governs inspections for the purpose of ensuring compliance by licensed driving instructors and driving schools.

Section 107 of the Act, governing the inspection, maintenance and repair of commercial motor vehicles, is re-enacted. Some of the changes are: regulations may be made setting minimum requirements for the system of periodic inspection and maintenance that operators are required to establish; operators are required to ensure that all their commercial motor vehicles and drawn vehicles meet prescribed performance standards; under-vehicle inspections may be required for prescribed classes or types of vehicles; drivers will be prohibited from driving a vehicle that has certain prescribed defects; for other prescribed defects, the driver will be able to continue driving, but will have to report the defect to the operator and comply with the regulations respecting that class of defect.

The following amendments amend existing provisions governing road use and safety:

Section 70 of the Act authorizes regulations that prohibit the use of any type of tire. This is amended to permit exemptions from such prohibitions.

Section 79.1 of the Act prohibits the use of pre-empting traffic control signal devices, but exempts emergency vehicles from the prohibition. This specific exemption is repealed and replaced with the power to exempt classes or types of vehicles and classes of persons from the prohibition by regulation.

New section 84.2 creates an offence for a driver if a vehicle part or anything affixed to a vehicle becomes detached from a vehicle while it is being driven on a highway. New section 84.3 creates offences if a person who repairs or maintains a vehicle or vehicle part or a person who carries on a business of repairing or maintaining vehicles or vehicle parts causes a part or anything affixed to a vehicle to become detached from a vehicle while it is being driven on a highway.

Section 128 of the Act, governing rate of speed, and section 214.1 of the Act, governing rate of speed in community safety zones, are amended to increase the fine for driving between 30 and 35 kilometres per hour over the speed limit to the same fine applicable for driving between 35 and 50 kilometres per hour over the speed limit. Section 128 is also amended so that drivers found guilty of driving more than 50 kilometres per hour over the speed limit more than once in a five-year period are subject to progressively longer licence suspensions: 30 days for the first offence, 60 days for the first subsequent offence and one year for an additional subsequent offence.

Section 128 is also amended to permit municipalities to designate construction zones on highways and to prescribe a speed limit of not less than 40 kilometres per hour in designated construction zones. The fines for speeding in a construction zone are doubled. The fines for speeding in a construction zone in a community safety zone are those set out in section 128.

New subsection 128 (15.4) is added to provide that a certificate of offence for a speeding offence against a driver cannot be amended to reflect a charge against that person as the owner of the vehicle.

Subsection 134 (4) of the Act allows emergency and road service vehicles to use a highway or part of a highway that has been closed to traffic by police. Subsection 134 (4) is re-enacted to also allow motor vehicles driven by firefighters, including volunteer firefighters, to use closed highways.

Under new section 134.1, police are authorized to remove and store vehicles and spilled cargo and debris that are blocking traffic.

New section 146.1 requires drivers to obey traffic control stop and slow signs displayed by a traffic control person on or adjacent to a roadway where construction or maintenance work is being carried out or by a firefighter on or adjacent to a roadway where an accident has occurred.

Section 151 of the Act, which allows vehicular use of the paved shoulder of designated and signed parts of the King's Highway, is re-enacted to provide for more detailed regulation of the practice. For example, regulations may permit only prescribed classes or types of vehicles to use the paved shoulder and may set out rules of the road for such use.

Subsection 170 (15) of the Act gives police and enforcement officers the power to remove a vehicle that is parked or standing in contravention of the Highway Traffic Act, its regulations or a municipal by-law. This is amended to include vehicles parked or standing in commuter parking lots, transit stations or any rest, service or other area in contravention of a regulation made under the Public Transportation and Highway Improvement Act.

Subsections 176 (2) and (3) of the Act are amended to clarify that a school crossing guard is to continue to display the school crossing stop sign until the guard and all persons have cleared the roadway and that vehicles must remain stopped at the crossing until the guard and all persons have cleared the vehicle's half of the roadway.

A housekeeping amendment is made throughout the Act, removing the term "maximum speed limit" so that the term used in the Act is either "maximum rate of speed" or "speed limit".

The following amendments address penalties:

Subsection 9 (1) of the Act creates an offence for making a false statement in an application, affidavit or paper writing required under the Act. This is expanded to cover electronic as well as paper documents. New subsection 9 (1.1) provides a due diligence defence to the offence. The fine penalty for the offence is increased from not less than $100 and not more than $500 to not less than $400 and not more than $5,000.

Section 35 of the Act creates an offence for having or displaying a fictitious, altered or fraudulently obtained driver's licence. This is amended to add the offence of having or displaying an imitation driver's licence. The penalty is increased from a fine of not less than $60 and not more than $500 to a fine of not less than $400 and not more than $50,000.

The minimum fine for contravening the Act at pedestrian crossovers under sections 140 and 144 of the Act is increased from $60 to $150. The minimum fine for failing to stop for school crossing guards under section 176 of the Act is increased from $60 to $150.

Under section 207 of the Act, the owner of a vehicle may be charged with and convicted of an offence even though the owner was not driving the vehicle when the offence was committed. This is amended to provide that an owner convicted under this section is not liable to imprisonment or a probation order as a result of the conviction or of default in payment of a fine resulting from the conviction.

Schedule B - Amendments to and Repeal of Other Acts

The Planning Act is amended so that the approval of a subdivision plan may be subject to the condition that land be dedicated for commuter parking lots, transit stations and related infrastructure.

The power in section 26 of the Public Transportation and Highway Improvement Act to make regulations prohibiting or regulating the use of rest, service or other areas is expanded to apply to commuter parking lots and transit stations as well. New section 26.1 is added to that Act to allow the Minister to authorize persons to stop vehicles on highways and conduct surveys about highway use and needs in order to assist the Ministry in its highway planning.

The City of Toronto Act (Traffic Calming), 2000 is repealed as a consequence of the amendment to section 128 of the Highway Traffic Act in Schedule A in respect of traffic calming measures.

[38] Bill 169 As Amended by Standing Committee (PDF)