Bill 223 Royal Assent (PDF)
EXPLANATORY NOTE
This Explanatory Note was written as a reader’s
aid to Bill 223 and does not form part of the law.
Bill 223 has been enacted as Chapter 27 of the Statutes of Ontario, 2024.
SCHEDULE 1
CANNABIS CONTROL ACT, 2017
The Schedule amends the Cannabis Control Act, 2017 to add a new prohibition respecting the advertisement or promotion of cannabis that is sold unlawfully, along with a related penalty if a person is convicted of contravening the prohibition.
SCHEDULE 2
CHANGE OF NAME ACT
The Schedule amends the Change of Name Act to provide that certain persons are ineligible to change their name. The persons who are ineligible are those who are required to comply with section 3 of Christopher’s Law (Sex Offender Registry), 2000 or who would be required but for certain exceptions. Also ineligible are those who have been found guilty, or not criminally responsible, of a prescribed criminal offence.
Consequential amendments are made to Christopher’s Law (Sex Offender Registry), 2000.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
Section 3 of Christopher’s Law (Sex Offender Registry), 2000 currently requires offenders to report information to a police service within a prescribed period after certain events occur. The Act is amended to expand the list of events to include an offender being ordered to serve a conditional sentence, an offender receiving a driver’s licence or passport and an offender beginning to use or making a change with respect to an email address, a user name associated with a social media account or another prescribed digital identifier used for the purpose of communicating on the internet. Reporting requirements are also imposed in relation to travel by an offender.
The Lieutenant Governor in Council is given the authority to make regulations that would allow for offenders, instead of reporting by appearing in person at a police service, to report by complying with such requirements as may be prescribed.
The Act currently addresses what occurs when an offender is pardoned in respect of a sex offence. Amendments are made to address what occurs when an offender’s conviction in respect of the offence or finding of not criminally responsible on account of mental disorder in respect of the offence is overturned.
Other amendments include allowing the Minister to authorize a person to use information contained in the sex offender registry for research or statistical purposes, and adding various regulation-making authorities.
SCHEDULE 4
COMMUNITY CARE AND RECOVERY ACT, 2024
The Schedule enacts the Community Care and Recovery Act, 2024.
The Act prohibits the establishment and operation of a supervised consumption site at a location that is less than 200 metres from certain types of schools, private schools, child care centres, EarlyON child and family centres and such other premises as may be prescribed by the regulations.
The Act also provides that municipalities and local boards are precluded from applying for an exemption from the Controlled Drugs and Substances Act (Canada) for the purpose of decriminalizing the personal possession of a controlled substance or precursor.
Finally, limits are imposed on the power of municipalities and local boards to make specified applications respecting supervised consumption sites and safer supply services. Municipalities and local boards may only make such applications or support such applications if they have obtained the approval of the provincial Minister of Health.
SCHEDULE 5
COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024
The Schedule enacts the Community Safety and Crime Prevention Month Act, 2024.
The Act proclaims the month of November in each year as Community Safety and Crime Prevention Month.
SCHEDULE 6
COMMUNITY SAFETY AND POLICING ACT, 2019
The Schedule amends the Community Safety and Policing Act, 2019 with respect to various matters, including the following:
1. Section 3 is amended to give the Minister the power to issue awards related to policing.
2. Currently, section 19 of the Act allows police service boards to request temporary assistance in providing adequate and effective policing from another police service board, the Commissioner of the Ontario Provincial Police or an entity that employs First Nation Officers. Section 19 also allows chiefs of police to request emergency assistance if they are of the opinion that an emergency exists in the area for which they have policing responsibility. Subsections 19 (1) to (6) are re-enacted and other amendments are made to section 19 to remove the notion of emergency assistance and provide that chiefs of police, rather than police service boards, may request temporary assistance from another chief of police or an entity that employs First Nation Officers.
3. Amendments are made to sections 35, 83, 85, 91, 92, 95 and 101 with respect to the timing of oaths and affirmations of office and the issuance of certificates of appointment.
4. Subsection 261 (1) is amended to authorize the Lieutenant Governor in Council to make regulations, for the purposes of subsection 10 (2), determining an area for which a municipal board has policing responsibility in a manner other than in accordance with Part IV. A consequential amendment is made to subsection 10 (2).
SCHEDULE 7
COURTS OF JUSTICE ACT
Subsection 44 (2) of the Courts of Justice Act specifies that part-time service as a provincial judge by a former provincial judge who had retired cannot exceed 50 per cent of full-time service in a calendar year. The Schedule amends the subsection to provide that the limits on part-time service are to be determined by regulations made under the Act. The necessary regulation-making authority is added to subsection 53 (1) of the Act.
SCHEDULE 8
HIGHWAY TRAFFIC ACT
Various amendments are made to the Highway Traffic Act. Some highlights include:
1. An amendment provides that it is an offence to knowingly submit, display, present or surrender a false vehicle identification number for a motor vehicle in certain documents.
2. The Act is amended to provide that the Registrar may issue a CVOR certificate subject to terms and conditions, including terms and conditions that require the holder of the certificate to do certain things relating to its safety practices, and may attach, remove or vary such conditions on an existing certificate at any time. The Act also enacts enforcement measures relating to the failure to comply with such terms and conditions.
3. The Act is also amended to provide that a person may appeal certain decisions relating to CVOR certificates within 30 days. Currently, the Act sets out no timeline for making such appeals.
4. An amendment permits administrative penalties to be imposed on a CVOR certificate holder who receives a prescribed safety rating.
5. Currently, section 130 of the Act provides that the offence of driving carelessly applies to a person driving on a highway. The section is amended to provide that the offence also applies in respect of specified places, and to add a limitation period of two years on instituting proceedings for the offence.
SCHEDULE 9
LIMITATIONS ACT, 2002
The Schedule amends section 16 of the Limitations Act, 2002 to provide that proceedings under subsection 4 (1) of the Justice for Victims of Terrorism Act (Canada) are not subject to a limitation period and to specify related transitional rules.
Bill 223 2024
An Act to enact two Acts and to amend various Acts with respect to public safety and the justice system
CONTENTS
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Contents of this Act |
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Commencement |
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Short title |
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Cannabis Control Act, 2017 |
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Change of Name Act |
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Christopher’s Law (Sex Offender Registry), 2000 |
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Community Care and Recovery Act, 2024 |
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Community Safety and Crime Prevention Month Act, 2024 |
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Community Safety and Policing Act, 2019 |
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Courts of Justice Act |
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Highway Traffic Act |
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Limitations Act, 2002 |
Preamble
The Government of Ontario:
Believes in keeping Ontario communities safe through supported and accountable policing and an efficient and effective justice system.
Is taking action to protect children, families and people struggling with addiction by restricting supervised consumption sites, in line with its belief that addictions treatment is the best way to achieve lasting recovery.
Is committed to fighting auto theft and careless driving in Ontario with enhanced oversight of commercial motor vehicles and stronger penalties.
Is working to give police the tools that will assist them in keeping our communities safe from sex offenders.
Therefore, His 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) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.
(2) The Schedules to this Act come into force as provided in each Schedule.
(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
3 The short title of this Act is the Safer Streets, Stronger Communities Act, 2024.
SCHEDULE 1
CANNABIS CONTROL ACT, 2017
1 The Cannabis Control Act, 2017 is amended by adding the following section:
Advertising or promotion of unlawful sale of cannabis
8.2 No person shall knowingly advertise or promote the sale of cannabis by a person or entity that is not authorized to produce, sell or distribute cannabis under this Act or the Cannabis Act (Canada).
2 Subsections 23 (2) and (3) of the Act are amended by striking out “section 6 or 13” wherever it appears and substituting in each case “section 6, 8.2 or 13”.
Commencement
3 This Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
SCHEDULE 2
CHANGE OF NAME ACT
1 The Change of Name Act is amended by adding the following section:
Sex Offenders, etc.
Ineligibility
5.1 (1) The following persons are ineligible to have a change of name under any provision of this Act, except if an exception set out in the regulations applies:
1. A person required under section 7 of Christopher’s Law (Sex Offender Registry), 2000 to comply with section 3 of that Act.
2. A person who would be required under section 7 of Christopher’s Law (Sex Offender Registry), 2000 to comply with section 3 of that Act but for the application of subsection 7 (2) or (3) of that Act.
3. A person who has been,
i. found guilty of a prescribed criminal offence, or
ii. found not criminally responsible of a prescribed criminal offence on account of mental disorder.
Exception
(2) Subsection (1) does not apply in respect of,
(a) a change of name that has been certified as described in subsection 8 (2) by the Attorney General or a person authorized by the Attorney General; or
(b) a revocation under section 10 of a change of name that has been obtained by fraud or misrepresentation or for an improper purpose.
Notice
(3) The Registrar General shall inform a person who seeks a change of name but is ineligible under this section of their ineligibility and the reason for their ineligibility or, if the change of name was applied for under subsection 5 (1), the Registrar General shall inform the applicant.
Transition
(4) This Act, as it read immediately before the day section 1 of Schedule 2 to the Safer Streets, Stronger Communities Act, 2024 came into force, continues to apply with respect to an election or application submitted to the Registrar General before that day.
Repeal
(5) Subsection (4) and this subsection are repealed six months after the day section 1 of Schedule 2 to the Safer Streets, Stronger Communities Act, 2024 came into force.
2 Subsection 7.1 (1) of the Act is amended by adding “and whether the person is a person described in subsection 5.1 (1)” after “subsection 6 (10)”.
3 Section 13 of the Act is amended by adding the following subsection:
Same
(2) The Lieutenant Governor in Council may make regulations providing for exceptions from this Act or any provision of this Act, and making such exceptions subject to any conditions provided for in the regulations.
Christopher’s Law (Sex Offender Registry), 2000
4 Christopher’s Law (Sex Offender Registry), 2000 is amended by adding the following section:
Disclosure exception, Change of Name Act
10.1 (1) An employee of or person authorized by the ministry for the purposes of this section shall have access to the sex offender registry at any time and may collect, retain and use information obtained from the sex offender registry for the purposes of section 7.1 of the Change of Name Act.
Same
(2) An employee of or person authorized by the ministry for the purposes of this section may disclose information contained in the sex offender registry to the Registrar General, as defined in section 1 of the Change of Name Act, for the purposes of section 7.1 of that Act, and the Registrar General may collect, retain and use the information for the purposes of that Act.
Same
(3) Any disclosure of personal information made under subsection (1) or (2) shall be deemed to be in compliance with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.
Commencement
5 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
1 The English version of Christopher’s Law (Sex Offender Registry), 2000 is amended by striking out “his or her” wherever it appears and substituting in each case “their”.
2 (1) Subsection 1 (1) of the Act is amended by adding the following definition:
“Minister” means the Solicitor General or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)
(2) The definition of “ministry” in subsection 1 (1) of the Act is repealed and the following substituted:
“ministry” means the Ministry of the Minister; (“ministère”)
(3) Clause (b.1) of the definition of “sex offence” in subsection 1 (1) of the Act is repealed and the following substituted:
(b.1) an offence referred to in paragraph (b) or (f) of the definition of “designated offence” in subsection 490.011 (1) of the Criminal Code (Canada), as it read on October 25, 2023, in respect of which an order in Form 52 was made under subsection 490.012 (2) of that Act as it read on that date,
(b.1.1) an offence referred to in the definition of “secondary offence” in subsection 490.011 (1) of the Criminal Code (Canada) for which an order has been made under section 490.012 of that Act,
(4) Subsection 1 (1) of the Act is amended by adding the following definition:
“sex offence against a child” means,
(a) a sex offence that is committed against a person who is under 18 years of age and as a result of which the offender is required to comply with the Sex Offender Information Registration Act (Canada), or
(b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is required to comply with the Sex Offender Information Registration Act (Canada); (“infraction sexuelle visant un enfant”)
(5) Section 1 of the Act is amended by adding the following subsection:
Same
(4) For the purposes of this Act, if an offender is released from custody as a result of being credited with remission within the meaning of the Ministry of Correctional Services Act, the custodial portion of the sentence ends as of the day of the offender’s release as a result of the remission.
3 (1) Subsection 3 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
(1) Every offender who is resident in Ontario shall appear in person at a designated bureau, police station or detachment of the police service that provides policing where the offender resides or at another place in the area where the police service provides policing designated by that police service,
(2) The English version of subsection 3 (1) of the Act is amended by striking out “he or she” wherever it appears and substituting in each case “the offender”.
(3) Subsection 3 (1) of the Act is amended by adding the following clauses:
(a.2.1) within the prescribed period after the offender is ordered to serve a conditional sentence;
. . . . .
(c.2) within the prescribed period after the offender receives a driver’s licence;
(c.3) within the prescribed period after the offender receives a passport;
(c.4) within the prescribed period after the offender starts using a new email address or a new user name associated with a social media account or makes a change with respect to such an email address or user name;
(c.5) within the prescribed period after the offender starts using a new prescribed digital identifier for the purpose of communicating through the internet or makes a change with respect to such a digital identifier;
. . . . .
(e.3) subject to clause (e.4), at least 14 days before departing for travel if the offender expects not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(e.4) in the case of an offender who is convicted of a sexual offence against a child, at least 14 days before departing for travel to a location outside Canada, regardless of the expected duration of their absence;
(e.5) subject to clause (e.6), within seven days after departing for travel if the offender decides after departing to not be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if the offender has not appeared in person as required under clause (e.3);
(e.6) in the case of an offender who is convicted of a sexual offence against a child, without delay after departing for travel to a location outside of Canada if the offender decides after departing to extend their stay beyond the date of return that was indicated when appearing in person under clause (e.4) or if the offender did not appear in person as required under clause (e.4);
(e.7) before departing for travel if there is a change in any information provided under clause (e.3) or (e.4) that occurs before departing;
(e.8) if there is a change in any information provided under clause (e.3), (e.4), (e.5) or (e.6) after departing for travel,
(i) within seven days after the date on which the change occurs, or
(ii) in the case of an offender to whom clause (e.4) or (e.6) applies, without delay after the date on which the change occurs;
(4) Clauses 3 (1) (f) and (g) of the Act are amended by striking out “presented himself or herself to a police service” wherever it appears and substituting in each case “appeared in person at a police service”.
(5) Section 3 of the Act is amended by adding the following subsections:
Exception
(1.0.1) Despite a requirement under subsection (1) for an offender to appear in person at a location, an offender is not required to appear in person at a location if the following criteria are satisfied:
1. The clause of subsection (1) in respect of which the requirement applies to the offender is a prescribed provision in a regulation made under clause 14 (h.2).
2. The offender complies with the requirement prescribed in a regulation made under clause 14 (h.3) in respect of the prescribed provision.
Interpretation
(1.0.2) In circumstances in which a clause of subsection (1) is a prescribed provision as described in paragraph 1 of subsection (1.0.1), any reference to appearing in person at a location shall be read to include complying with the applicable requirement prescribed as described in paragraph 2 of subsection (1.0.1).
. . . . .
Same
(1.3) Clauses (1) (a.2.1), (c.2) and (c.3) apply only if the event referred to in them occurs on or after the day this subsection came into force.
Exception
(1.4) If a member of a police service is satisfied that there was a reasonable excuse for an offender failing to comply with clause (1) (e.3) or (e.4), the offender is exempt from the requirement to comply within 14 days with the applicable clause and the offender shall instead comply as soon as feasible before departing for travel.
(6) Subsection 3 (2) of the Act is amended by striking out “Upon presenting himself or herself” at the beginning and substituting “Upon appearing in person”.
(7) Subsection 3 (3) of the Act is amended by,
(a) striking out “subsection (1), subsection 7 (2) and subsection 9 (1)” and substituting “subsections (1), 7 (2), 9 (1) and 9.0.1 (1)”; and
(b) striking out “present themselves” wherever it appears and substituting in each case “appear in person”.
(8) The English version of subsection 3 (4) of the Act is amended by striking out “he or she” and substituting “the person”.
4 Subsection 4 (2) of the Act is repealed and the following substituted:
Verification of address
(2) Subject to the regulations, the police service shall make reasonable efforts to verify an offender’s address, as provided to the police service by the offender, at least once after the offender last appeared in person at the police service under subsection 3 (1).
5 (1) The English version of subsection 6 (1) of the Act is amended by striking out “him or her” and substituting “the offender”.
(2) The English version of subsection 6 (3) of the Act is amended by striking out “If the offender believes any information about him or her in the sex offender registry is incorrect, he or she shall” and substituting “If the offender believes that any information about the offender in the sex offender registry is incorrect, the offender shall”.
6 (1) The English version of section 7 of the Act is amended by striking out “he or she” wherever it appears and substituting in each case “the offender”.
(2) Subsection 7 (2) of the Act is amended by,
(a) adding “Subject to any regulations made under clause 14 (h.4)” at the beginning; and
(b) striking out “present himself or herself” and substituting “appear in person”.
(3) Section 7 of the Act is amended by adding the following subsections:
Exception
(2.0.1) Despite the requirement under subsection (2) for an offender to appear in person at a location, an offender is not required to appear in person at a location if the following criteria are satisfied:
1. Subsection (2) is a prescribed provision in a regulation made under clause 14 (h.2).
2. The offender complies with the requirement prescribed in a regulation made under clause 14 (h.3) in respect of subsection (2).
Interpretation
(2.0.2) In circumstances in which subsection (2) is a prescribed provision as described in paragraph 1 of subsection (2.0.1), the reference in subsection (2) to appearing in person at a location shall be read to include complying with the applicable requirement prescribed as described in paragraph 2 of subsection (2.0.1).
(4) Subsection 7 (4) of the Act is repealed and the following substituted:
Reporting requirement ceases to apply
(4) An offender is no longer required to comply with section 3 in relation to a sex offence for which this Act would be made applicable to the offender under section 8 if one of the following circumstances applies:
1. The offender provides, in accordance with section 9, proof of a pardon in respect of the offence.
2. The offender provides, in accordance with section 9.0.1, proof of one of the following being overturned, as the case may be:
i. The conviction in respect of the offence.
ii. The finding of not criminally responsible on account of mental disorder in respect of the offence.
7 (1) The English version of section 8 of the Act is amended by striking out “he or she” wherever it appears and substituting in each case “the offender”.
(2) Section 8 of the Act is amended by adding the following subsections:
Same
(1.3.1) Despite subsection (1), clauses 3 (1) (a.2.1), (c.2) and (c.3) apply to every offender anywhere in Canada who, on or after the day subsection 7 (2) of Schedule 3 to the Safer Streets, Stronger Communities Act, 2024 comes into force,
(a) received a conditional sentence order for a sex offence, in the case of clause 3 (1) (a.2.1);
(b) received a driver’s licence, in the case of clause 3 (1) (c.2); or
(c) received a passport, in the case of clause 3 (1) (c.3).
Same
(1.3.2) Despite subsection (1), clauses 3 (1) (c.4) and (c.5) apply in accordance with the regulations.
Same
(1.3.3) Despite subsection (1), clauses 3 (1) (e.3) to (e.8) apply to every offender anywhere in Canada who, on or after the fourteenth day after subsection 7 (2) of Schedule 3 to the Safer Streets, Stronger Communities Act, 2024 comes into force, departs for travel.
(3) Subsection 8 (1.4) of the Act is repealed and the following substituted:
Same
(1.4) Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after May 12, 2008, becomes subject to an order in Form 52 made under subsection 490.012 (2) of the Criminal Code (Canada), as it read on or before October 25, 2023, for as long as the order is in force.
(4) Section 8 of the Act is amended by adding the following subsection:
Same
(1.7) Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day subsection 7 (4) of Schedule 3 to the Safer Streets, Stronger Communities Act, 2024 comes into force, becomes subject to an order made under section 490.012 of the Criminal Code (Canada) in respect of an offence referred to in the definition of “secondary offence” in subsection 490.011 (1) of that Act for as long as the order is in force.
8 Subsection 9 (1) of the Act is repealed and the following substituted:
Proof of pardon
(1) An offender who receives a pardon for a sex offence may provide proof of the pardon to a police service by,
(a) appearing in person at a designated bureau, police station or detachment of the police service that provides policing where the offender resides or at another place in the area where the police service provides policing designated by that police service; or
(b) taking such other steps as may be prescribed by the regulations.
9 The Act is amended by adding the following section:
Conviction or finding overturned
9.0.1 (1) This section applies in respect of an offender if the offender’s conviction or the offender’s finding of not criminally responsible on account of mental disorder in respect of a sex offence is overturned.
Proof
(2) An offender to whom this section applies may provide proof of the conviction or finding being overturned to a police service by,
(a) appearing in person at a designated bureau, police station or detachment of the police service that provides policing where the offender resides or at another place in the area where the police service provides policing designated by that police service; or
(b) taking such other steps as may be prescribed by the regulations.
Information submitted to ministry
(3) If the person authorized by the police service to receive the proof mentioned in subsection (2) is satisfied that the conviction or finding, as the case may be, was overturned, the police service shall advise the ministry accordingly.
10 Section 9.1 of the Act is repealed and the following substituted:
Offender deleted from registry
Pardon
9.1 (1) If an offender receives a pardon of the type described in clause (a) or (b) of the definition of “pardon” in subsection 1 (1) in respect of a sex offence for which this Act is made applicable to the offender, the ministry shall delete every reference to and record of the offender from the sex offender registry in respect of that sex offence.
Conviction or finding overturned
(2) If an offender’s conviction or finding in respect of a sex offence for which this Act is made applicable to the offender is overturned, the ministry shall delete every reference to and record of the offender from the sex offender registry in respect of that sex offence.
Time limit
(3) The ministry shall, 50 years after the death of an offender, delete every reference to and record of the offender from the sex offender registry.
11 (1) Subsection 10 (1) of the Act is amended by striking out “subsections (2) and (3)” and substituting “subsections (2), (3) and (3.1)”.
(2) Section 10 of the Act is amended by adding the following subsections:
Same, research
(3.1) The Minister may authorize a person to consult information contained in the sex offender registry, compare the information with other information or, by electronic means, combine the information with, or link it to, any other information contained in a computer system for research or statistical purposes.
Conditions
(3.2) The Minister shall not provide the authorization under subsection (3.1) unless the Minister,
(a) is satisfied that the research or statistical purposes cannot reasonably be accomplished without consulting the information or without comparing or combining the information with, or linking it to, the other information, as the case may be; and
(b) obtains from the person a written undertaking that no subsequent disclosure of the information or of any information resulting from the comparison or combination of the information with, or the linking of the information to, other information will be made, or be allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.
(3) Subsection 10 (4) of the Act is amended by striking out “subsection (2) or (3)” and substituting “subsection (2), (3) or (3.1)”.
12 The English version of section 11 of the Act is amended by striking out “he or she” wherever it appears and substituting in each case “the offender”.
13 Subsection 12 (1) of the Act is amended by striking out “the Minister of Community Safety and Correctional Services” and substituting “any current or former member of the Executive Council”.
14 Section 14 of the Act is amended by adding the following clauses:
(c.1) prescribing what constitutes a change in address for the purposes of clause 3 (1) (c);
(c.2) for the purposes of clauses 3 (1) (c.4) and (c.5), governing the types of changes in respect of which those clauses apply;
(c.3) prescribing digital identifiers for the purposes of clause 3 (1) (c.5);
(c.4) governing the verification of addresses under subsection 4 (2);
. . . . .
(h.1) prescribing circumstances in which an offender is not required to comply with section 3, either on a temporary or permanent basis, due to their physical or mental capacity;
(h.2) prescribing provisions of this Act for the purposes of paragraph 1 of subsection 3 (1.0.1) and paragraph 1 of subsection 7 (2.0.1);
(h.3) prescribing requirements in respect of prescribed provisions of this Act for the purposes of paragraph 2 of subsections 3 (1.0.1) and 7 (2.0.1);
(h.4) with respect to an offender who is serving the custodial portion of a sentence intermittently in respect of an offence other than a sex offence,
(i) providing that subsection 7 (2) does not apply,
(ii) governing timing of compliance with subsection 3 (1), which may include requiring the offender to comply with subsection 3 (1) within a prescribed period instead of the applicable period prescribed under subsection 3 (1);
(h.5) for the purposes of subsection 8 (1.3.2), governing the application of clauses 3 (1) (c.4) and (c.5);
(h.6) prescribing steps for the purposes of clauses 9 (1) (b) and 9.0.1 (1) (b);
Commencement
15 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
(2) Sections 1 to 10 and 12 to 14 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 4
COMMUNITY CARE AND RECOVERY ACT, 2024
CONTENTS
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Definitions |
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Prohibition re location of supervised consumption site |
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Limit on power of municipalities, local boards |
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Regulations |
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Amendment to this Act |
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Commencement |
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Short title |
Definitions
1 In this Act,
“child care centre” means a child care centre within the meaning of the Child Care and Early Years Act, 2014; (“centre de garde”)
“controlled substance” means a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada); (“substance désignée”)
“designated premises” means,
(a) a school, other than a school at which the only programs provided are adult education programs,
(b) a private school, other than,
(i) a private school located on a reserve, or
(ii) a private school that only offers classes through the internet,
(c) a child care centre, other than a child care centre located on a reserve,
(d) an EarlyON child and family centre, other than an EarlyON child and family centre located on a reserve, or
(e) a prescribed premises; (“lieu désigné”)
“EarlyON child and family centre” means a centre of that name, administered by a service system manager within the meaning of the Child Care and Early Years Act, 2014, offering programs for families and children; (“centre pour l’enfant et la famille ON y va”)
“Health Canada” means the federal Minister of Health and the Department over which that Minister presides; (“Santé Canada”)
“local board” means a local board within the meaning of section 1 of the Municipal Affairs Act; (“conseil local”)
“Minister” means the Minister of Health or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)
“precursor” means a precursor within the meaning of the Controlled Drugs and Substances Act (Canada); (“précurseur”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“private school” means a private school within the meaning of the Education Act; (“école privée”)
“regulations” means the regulations made under this Act; (“règlements”)
“reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve; (“réserve”)
“safer supply services” means the prescribing of medications by a legally qualified medical practitioner as an alternative to a controlled substance or precursor; (“services d’approvisionnement plus sécuritaire”)
“school” means a school within the meaning of the Education Act; (“école”)
“supervised consumption site” means a site in respect of which the federal Minister of Health has granted an exemption to allow activities at the site in relation to a controlled substance or precursor that is obtained in a manner not authorized under the Controlled Drugs and Substances Act (Canada),
(a) under section 56.1 of the Controlled Drugs and Substances Act (Canada), in circumstances where the federal Minister of Health is of the opinion that the exemption is necessary for a medical purpose, or
(b) under subsection 56 (1) of the Controlled Drugs and Substances Act (Canada), in circumstances where the federal Minister of Health is of the opinion that the exemption is necessary for a scientific purpose or is otherwise in the public interest. (“site de consommation supervisée”)
Prohibition re location of supervised consumption site
2 (1) Subject to subsection (4), no person shall establish or operate a supervised consumption site at a location that is less than 200 metres, measured in accordance with subsection (2), from a designated premises.
Measurement
(2) Subject to the regulations, the distance mentioned in subsection (1) shall be measured in accordance with the following rules:
1. The distance shall be measured from the geometric centre of the building in which a supervised consumption site is located.
2. In the case of a school, the distance shall be measured to the door primarily used by the public to enter the building in which the school is located for the purpose of accessing the area where the school operates.
3. In the case of a private school, the distance shall be measured from,
i. the centre of the building in which the school is located, as determined by the private school and made available on a Government of Ontario website, or
ii. if the private school is located only in a portion of a building, the centre of the portion of the building in which the school is located, as determined by the private school and made available on a Government of Ontario website.
4. In the case of a child care centre or EarlyON child and family centre, the distance shall be measured to the geographic coordinates of the street address of the child care centre or EarlyON child and family centre, determined through the use of software or a web service that implements an address geocoding process.
5. In the case of a premises prescribed for the purposes of clause (e) of the definition of “designated premises” in section 1, the distance shall be measured to the point specified in the regulations.
6. If the measurement results in a number of metres that is not a whole number, the number shall be rounded up to the nearest whole number.
Geocoding
(3) If the regulations provide for a specific software or web service for the purposes of paragraph 4 of subsection (2), the distance to a child care centre or EarlyON child and family centre shall be measured using the prescribed software or web service.
Exception
(4) If a private school began providing instruction or a child care centre began operating after the day the Safer Streets, Stronger Communities Act, 2024 received Royal Assent, subsection (1) does not apply to a supervised consumption site with respect to the private school or child care centre, as the case may be, until the day that is 30 days after the day the private school began providing instruction or the child care centre began operating.
Same
(5) Despite subsection (4), if the Minister specifies a day on which subsection (1) applies to a supervised consumption site, subsection (1) applies to the supervised consumption site as of that day.
Limit on power of municipalities, local boards
Application for exemption to decriminalize
3 (1) Subject to such exceptions as may be prescribed, despite sections 7 and 8 of the City of Toronto Act, 2006 and sections 9, 10 and 11 of the Municipal Act, 2001, a municipality or local board does not have the power to apply to Health Canada for an exemption under subsection 56 (1) of the Controlled Drugs and Substances Act (Canada) from any provision of that Act for the purpose of decriminalizing the personal possession of a controlled substance or precursor.
Applications related to supervised consumption sites, safer supply services
(2) Subject to such exceptions as may be prescribed, despite sections 7 and 8 of the City of Toronto Act, 2006 and sections 9, 10 and 11 of the Municipal Act, 2001, a municipality or local board does not have the power, without the approval of the Minister, to do any of the following:
1. Apply to Health Canada for an exemption or a renewal of an exemption to the Controlled Drugs and Substances Act (Canada) for the purpose of operating a supervised consumption site.
2. Apply to Health Canada for funding under Health Canada’s Substance Use and Addictions Program or any other Health Canada program in respect of safer supply services, or enter into an agreement with the Government of Canada with respect to funding under such a program in respect of safer supply services.
3. Support, including by passing a by-law or making a resolution, an application made to Health Canada by any other person in respect of any matter described in paragraph 1 or 2.
Regulations
4 The Lieutenant Governor in Council may make regulations,
(a) prescribing anything that is referred to in this Act as prescribed or as otherwise dealt with in the regulations;
(b) defining or clarifying the meaning of any word or expression used in this Act that is not otherwise defined in this Act.
Amendment to this Act
5 Section 4 of the Act is amended by adding the following clause:
(c) varying, for specified circumstances, how the distance mentioned in subsection 2 (1) shall be measured under subsection 2 (2).
Commencement
6 (1) Except as otherwise provided in this section, the Act set out in this Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
(2) Sections 2 and 5 come into force on the later of April 1, 2025 and the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
Short title
7 The short title of the Act set out in this Schedule is the Community Care and Recovery Act, 2024.
SCHEDULE 5
COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024
Preamble
By proclaiming the month of November as Community Safety and Crime Prevention Month, the Province of Ontario recognizes the critical importance of raising awareness about community safety and preventing crime. With this step, the Province of Ontario joins other jurisdictions as well as groups across Canada that mark November as Community Safety and Crime Prevention Month.
The Province of Ontario also recognizes the importance of advancing community safety and tackling crime. Proclaiming November as Community Safety and Crime Prevention Month creates the opportunity for Ontarians to come together to appreciate the people working on the frontlines to improve community safety and prevent crime, raise awareness about community safety and recognize the important local partnerships and action that keep our communities safe.
Community Safety and Crime Prevention Month
1 The month of November in each year is proclaimed as Community Safety and Crime Prevention Month.
Commencement
2 The Act set out in this Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
Short title
3 The short title of the Act set out in this Schedule is the Community Safety and Crime Prevention Month Act, 2024.
SCHEDULE 6
COMMUNITY SAFETY AND POLICING ACT, 2019
1 (1) The definition of “Minister” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is amended by striking out “Minister of Community Safety and Correctional Services” and substituting “Solicitor General”.
(2) Subsection 2 (1) of the Act is amended by adding the following definition:
“prescribed entity” means an entity that is prescribed to provide a policing function in an area in accordance with section 14; (“entité prescrite”)
2 Section 3 of the Act is amended by adding the following subsection:
Power to issue awards
(4) The Minister may issue awards related to policing, including awards for long service.
3 Subsection 10 (2) of the Act is amended by adding “Subject to the regulations” at the beginning.
4 (1) Subsections 19 (1) to (6) of the Act are repealed and the following substituted:
Request for temporary assistance
(1) A chief of police may request temporary assistance in providing adequate and effective policing from another chief of police or an entity that employs First Nation Officers.
Temporary assistance notice
(2) If a chief of police makes a request for temporary assistance under this section, the chief of police shall provide notice of the request as soon as possible to,
(a) the Inspector General; and
(b) the police service board of the chief of police or, in the case of a request made by the Commissioner, the Minister.
Content of notice
(3) The notice provided under subsection (2) shall include,
(a) a description of the circumstances surrounding the temporary assistance request;
(b) the policing functions that are requested;
(c) the timeframe for the provision of the assistance;
(d) the extent of the assistance required;
(e) whether the chief of police or entity that employs First Nation Officers that is receiving the request has agreed to provide the assistance, in whole or in part;
(f) the anticipated financial implications as a result of obtaining the assistance; and
(g) any other prescribed matters.
Notice of change
(4) If a change occurs in any of the matters listed under subsection (3) after the notice of request for temporary assistance has been provided, the chief of police shall provide notice of the change as soon as possible to,
(a) the Inspector General; and
(b) the police service board of the chief of police or, in the case of a request made by the Commissioner, the Minister.
Assessment upon receiving notice
(5) Upon receiving a notice of request for temporary assistance under subsection (2) or a notice of change under subsection (4), the police service board of the chief of police or the Minister, as the case may be, shall determine,
(a) whether the ability to request temporary assistance is used or is anticipated to be used on a recurring basis to ensure adequate and effective policing is provided; and
(b) whether the policing functions for which temporary assistance is requested to be provided may need to be the subject of an agreement under subsection 14 (1) or (2) in order to ensure adequate and effective policing is provided and that section 13 is complied with.
Rules re providing temporary assistance
(6) The following rules apply to requests for temporary assistance made under this section:
1. If the request is made to the Commissioner, the Commissioner shall provide such temporary assistance as the Commissioner considers necessary and shall stop providing the assistance when the Commissioner considers it is appropriate to do so.
2. If the request is made to a chief of police other than the Commissioner or to an entity that employs First Nation Officers, the chief or entity may,
i. decline to provide assistance, or
ii. provide such temporary assistance as the chief or entity considers necessary and stop providing the assistance when the chief or entity considers it is appropriate to do so.
Notice after assistance by chief of police has stopped
(6.1) A chief of police who provided temporary assistance shall, after the assistance has stopped, provide notice to the Inspector General and the chief’s police service board or, if the chief is the Commissioner, to the Minister, with the following information:
1. The chief of police’s decision to provide temporary assistance.
2. Whether the request for temporary assistance was fulfilled in whole or in part.
3. The financial implications of providing assistance.
4. Any other prescribed matters.
Notice after assistance by entity that employs First Nation Officers has stopped
(6.2) If the temporary assistance was provided by an entity that employs First Nation Officers, the chief of police who requested the assistance shall, after the assistance has stopped, provide notice to the Inspector General with the following information:
1. Whether the request for temporary assistance was fulfilled in whole or in part by the entity.
2. The financial implications of providing assistance for the entity, if known.
3. Any other prescribed matters.
(2) Subsection 19 (7) of the Act is amended by striking out “or emergency”.
(3) Subsection 19 (8) of the Act is repealed and the following substituted:
Cost, police service board or entity
(8) If no agreement has been entered into with respect to the cost of the temporary assistance provided under this section, the police service board of the chief of police, or entity that employs First Nation Officers, that provided the assistance may certify the cost of the assistance provided, and the cost shall be paid by the police service board of the chief of police who requested the assistance or, in the case of a request made by the Commissioner, by the Minister.
(4) Subsection 19 (9) of the Act is amended by striking out “or emergency”.
(5) Subsection 19 (11) of the Act is amended by striking out “or emergency”.
(6) Subsection 19 (12) of the Act is repealed.
5 Subsection 35 (1) of the Act is amended by striking out “at the time of his or her appointment as a member of the board” and substituting “before exercising the powers or performing the duties of a member of the board”.
6 Subsection 83 (4) of the Act is repealed and the following substituted:
Certificate of appointment
(4) The police service board or the Commissioner shall issue a certificate of appointment to a person after his or her appointment as a police officer but before the day the person begins to exercise the powers or perform the duties of a police officer.
7 Subsection 85 (1) of the Act is amended by striking out “at the time of his or her appointment” and substituting “before exercising the powers or performing the duties of a police officer”.
8 Subsection 91 (8) of the Act is amended by striking out “at the time of his or her appointment” and substituting “before exercising the powers or performing the duties of an auxiliary member”.
9 Subsection 92 (6) of the Act is repealed and the following substituted:
Certificate of appointment
(6) The police service board or the Commissioner shall issue a certificate of appointment to the person after his or her appointment as a special constable but before the day the person begins to exercise the powers and perform the duties of a special constable.
10 Subsection 95 (4) of the Act is amended by striking out “at the time of his or her appointment” and substituting “before exercising the powers or performing the duties of a special constable”.
11 Subsection 101 (7) of the Act is amended by striking out “at the time of his or her appointment” and substituting “before exercising the powers or performing the duties of a First Nation Officer”.
12 Subsection 107 (10) of the Act is amended by striking out “to investigate the matter, or to investigate it further” and substituting “to investigate the matter further”.
13 (1) Subsection 261 (1) of the Act is amended by adding the following paragraphs:
5.1 for the purposes of subsection 10 (2), determining an area for which a municipal board has policing responsibility in a manner other than in accordance with Part IV;
. . . . .
19.1 governing payments for policing provided by a municipal board or the Commissioner under a regulation made under paragraph 5.1, including the cost of any necessary equipment and facilities, and,
i. identifying the persons who are required to pay, in whole or in part, for the costs of those services,
ii. governing the determination of the amounts payable for those services, which may be based on financial capacity,
iii. governing the payment of those amounts, including providing for the calculation and payment of interest and penalties,
iv. governing the collection of those amounts, including providing for payment credits and refunds for overpayments, and
v. for the purposes described in subparagraphs i, ii, iii and iv, establishing different requirements for different classes of territories;
(2) Section 261 of the Act is amended by adding the following subsection:
No payment owed
(1.1) For greater certainty, a regulation made under paragraph 18, 19 or 19.1 of subsection (1) may provide that no payments for policing provided to a municipality or a territory without municipal organization are owed.
Commencement
14 This Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
SCHEDULE 7
COURTS OF JUSTICE ACT
1 Subsection 44 (2) of the Courts of Justice Act is amended by striking out “50 per cent of full-time service in a calendar year” at the end and substituting “the limits specified by the regulations made under this Act”.
2 Subsection 53 (1) of the Act is amended by adding the following clause:
(h) providing for the limits to which service as a provincial judge on a part-time basis is subject for the purposes of subsection 44 (2);
Commencement
3 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 8
HIGHWAY TRAFFIC ACT
1 Clause 5 (1) (i) of the Highway Traffic Act is amended by striking out “permit” and substituting “permit, CVOR certificate”.
2 The Act is amended by adding the following section:
False vehicle identification number
9.1 (1) Every person who knowingly, in or with any application, declaration, affidavit or document that is required under this Act or by the Ministry, submits, displays, presents or surrenders a vehicle identification number that is false, 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 any of the following or any combination of the following:
1. A fine of,
i. not less than $50,000 and not more than $75,000, for a first conviction, and
ii. not less than $75,000 and not more than $100,000, for each subsequent conviction.
2. Imprisonment for a term of not more than six months.
3. Suspension of the person’s driver’s licence for a period of not more than one year.
4. Suspension of the person’s vehicle permit for a period of not more than one year.
Limitation
(2) No proceeding for an offence under this section shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred.
3 Subsection 17 (1.1) of the Act is repealed and the following substituted:
Terms and conditions
(1.1) The Registrar may issue a CVOR certificate subject to any terms and conditions that the Registrar considers appropriate, including terms or conditions requiring the holder of the CVOR certificate,
(a) to develop and implement safety practices or a remedial program;
(b) to pay for and successfully complete educational courses or require the certificate holder’s drivers, employees, shareholders, officers or agents to take and successfully complete educational courses, including educational courses provided by or on behalf of the Ministry;
(c) to pay for and arrange for an assessment of the certificate holder’s safety performance and practices by a person approved by the Registrar or to perform a self-assessment; or
(d) to provide the Registrar with information and documentation to determine whether terms and conditions have been complied with and to assess the impacts of the terms and conditions.
4 Subsection 17.0.2 (2) of the Act is repealed and the following substituted:
Invalid for more than 12 months
(2) The Registrar shall refuse to renew a CVOR certificate that has been invalid for more than 12 months before the application for renewal is received by the Registrar.
5 The Act is amended by adding the following section:
Amendments to CVOR certificate, terms and conditions
18 (1) The Registrar may, at any time as the Registrar considers appropriate, amend a CVOR certificate by varying, attaching or removing terms or conditions, including by attaching terms or conditions requiring the holder of the CVOR certificate,
(a) to develop and implement safety practices or a remedial program;
(b) to pay for and successfully complete educational courses or require the certificate holder’s drivers, employees, shareholders, officers or agents to take and successfully complete educational courses, including educational courses provided by or on behalf of the Ministry;
(c) to pay for and arrange for an assessment of the certificate holder’s safety performance and practices by a person approved by the Registrar or to perform a self-assessment; or
(d) to provide the Registrar with information and documentation to determine whether terms and conditions have been complied with and to assess the impacts of the terms and conditions.
Information
(2) The Registrar may require the holder of a CVOR certificate to provide the Registrar with information and documentation that the Registrar considers necessary to determine whether to amend the certificate as described in subsection (1), and the certificate holder shall comply promptly with such a requirement.
Notice of term or condition
(3) Where the Registrar, in amending a CVOR certificate, attaches a new term or condition to it or varies a term or condition, the Registrar shall notify the holder of the CVOR certificate, in writing, of the amendment together with the effective date and a summary of reasons.
Effective date of term or condition
(4) An amendment described in subsection (3) takes effect starting on the effective date specified in the notice.
Written submissions
(5) Within 30 days after being notified of an amendment described in subsection (3), the holder of the CVOR certificate may make written submissions respecting the amendment.
Decision
(6) The Registrar shall review and consider any information submitted under subsection (5) and shall notify the holder of the CVOR certificate, in writing, of the decision.
No right to appeal
(7) There is no right to appeal a decision of the Registrar under this section.
6 Subsection 20 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Where contravention of s. 16 (2) or 47 (8) or a term or condition
(2) A police officer who has reason to believe that a commercial motor vehicle is being operated in contravention of subsection 16 (2) or 47 (8) or a term or condition of the CVOR certificate may,
. . . . .
7 (1) Section 21.1 of the Act is amended by adding the following subsection:
Administrative penalty for inadequate safety rating
(2.1) If a prescribed authorized person is satisfied that a person is or was the holder of a CVOR certificate at the time that a prescribed safety rating is or was assigned by the Registrar under subsection 17.1 (1) to the person, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.
(2) Subsection 21.1 (7) of the Act is repealed and the following substituted:
Appeal
(7) A person who is subject to an order imposing an administrative penalty may, in accordance with the regulations, appeal the order to a person prescribed for the purpose of this subsection and the prescribed person may, in accordance with the regulations, confirm, vary or set aside the order.
(3) Subsection 21.1 (10) of the Act is amended by striking out “$20,000” and substituting “$50,000”.
(4) Subsection 21.1 (14) of the Act is amended by adding the following clause:
(c.1) prescribing safety ratings that may lead to the imposition of an administrative penalty under subsection (2.1);
(5) Clause 21.1 (14) (l) of the Act is repealed and the following substituted:
(l) prescribing and governing procedures for making and serving an order under this section, including prescribing rules for service, prescribing the day on which an order is deemed to have been received, providing that service of an order on one person may be effective as service on another person and providing for service on persons outside Ontario;
(6) Subclause 21.1 (14) (m) (v) of the Act is repealed and the following substituted:
(v) governing when a person prescribed under clause (d) may confirm, vary or set aside an order, including establishing any criteria to be considered or not to be considered by the person, and limiting the extent to which an order may be varied;
8 Subsection 47 (1) of the Act is amended by striking out “or” at the end of clause (f) and by adding the following clause:
(f.1) failure to comply with a term or condition of the CVOR certificate; or
9 Subsection 47.1 (1.1) of the Act is repealed and the following substituted:
Notice of safety record concerns
(1.1) The Registrar may also notify an operator at any time if,
(a) the Registrar has reason to believe that the operator may not operate a commercial motor vehicle safely or in accordance with this Act, the regulations or other laws relating to highway safety; or
(b) the operator has failed to comply with a term or condition of the CVOR certificate.
10 Subsections 50 (1), (1.1) and (2) of the Act are repealed and the following substituted:
Appeal
(1) Every person aggrieved by a decision of the Minister made under subsection 32 (5) for which there is a right of appeal, pursuant to a regulation made under clause 32 (14) (n) or an order of the Registrar under clause 47 (1) (b), may appeal the decision or order to the Tribunal.
Same
(1.0.1) Every person aggrieved by a decision or order of the Registrar under section 17 or clause 47 (1) (a) or (c) may appeal the decision or order to the Tribunal within 30 days after the day the decision or order takes effect.
Immediate suspension, cancellation of CVOR certificate not stayed
(1.1) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (1.0.1) in respect of an order immediately suspending or cancelling a CVOR certificate pursuant to subsection 47 (2.2) does not stay the order, unless the Tribunal orders otherwise.
Powers of Tribunal
(2) The Tribunal may confirm, modify or set aside the decision or order of the Minister or Registrar under subsection (1) or (1.0.1).
11 (1) Subsection 130 (1) of the Act is repealed and the following substituted:
Careless driving
(1) Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway or in a specified place without due care and attention or without reasonable consideration for other persons using the highway or specified place.
(2) Subsection 130 (3) of the Act is repealed and the following substituted:
Careless driving causing bodily harm or death
(3) Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway or in a specified place without due care and attention or without reasonable consideration for other persons using the highway or specified place and who thereby causes bodily harm or death to any person.
(3) Subsection 130 (5) of the Act is repealed and the following substituted:
Deemed lack of reasonable consideration
(5) For the purposes of subsections (1) and (3), and without limiting the generality of subsections (1) and (3), a person is deemed to drive without reasonable consideration for other persons using the highway or specified place if he or she drives in a manner that may limit his or her ability to prudently adjust to changing circumstances on the highway or in the specified place.
(4) Subsection 130 (6) of the Act is amended by adding “or in the specified place” at the end.
(5) Section 130 of the Act is amended by adding the following subsection:
Limitation
(7) No proceeding for an offence under this section shall be instituted more than two years after the facts on which the proceeding is based are alleged to have occurred.
(6) Section 130 of the Act is amended by adding the following subsection:
Definitions
(8) In this section,
“driver” means a person driving or having care, charge or control of a vehicle, whether or not the vehicle is on a highway or in a specified place, and “drive” has a corresponding meaning; (“conducteur”)
“specified place” means,
(a) any parking lot, structure or garage, whether public or private, paved or unpaved, flat or multilevel, above or below grade, including any driveway or road that connects the parking lot to a highway,
(b) any parking lot into which drivers are expressly or impliedly invited or permitted to enter, with or without payment, and no matter whether payment was made or whether the driver entered with or without permission; and
(c) any private, commercial or industrial parking lot from which the public would ordinarily be excluded. (“endroit précisé”)
12 (1) Subsection 214.1 (2) of the Act is amended by striking out “The Minister of Community Safety and Correctional Services” at the beginning and substituting “The Solicitor General”.
(2) Subsection 214.1 (4) of the Act is amended by striking out “the Minister of Community Safety and Correctional Services” and substituting “the Solicitor General”.
Commencement
13 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
(2) Sections 2, 3, 4, 5, 8 and 9 come into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 9
LIMITATIONS ACT, 2002
1 (1) Subsection 16 (1) of the Limitations Act, 2002 is amended by striking out “or” at the end of clause (j), by adding “or” at the end of clause (k) and by adding the following clause:
(l) a proceeding under subsection 4 (1) of the Justice for Victims of Terrorism Act (Canada).
(2) Subsections 16 (1.1) and (1.2) of the Act are repealed and the following substituted:
Same
(1.1) Clauses (1) (h), (h.1), (h.2) and (l) apply to a proceeding whenever the act on which the claim is based occurred or the proceeding was commenced, and regardless of the expiry of any previously applicable limitation period.
Same
(1.2) Subsection (1.1) does not apply in the case of a proceeding that,
(a) has been dismissed by a court and no further appeal is available; or
(b) has been settled by the parties and the settlement is legally binding.
Commencement
2 This Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.