38:2 Bill 203, Safer Roads for a Safer Ontario Act, 2007

Cansfield, Hon Donna H. Minister of Transportation

Viewing: Royal Assent (current version) pdf

Bill 203                                                       2007

An Act to amend the Highway Traffic Act and the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 and to make consequential amendments to other Acts

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:

Highway Traffic Act

   1.  Section 1 of the Highway Traffic Act is amended by adding the following subsection:

Calculation of days

   (8)  Where this Act imposes a suspension or impoundment for a specified number of days, the period of the suspension or impoundment shall be determined by counting 24 hours for each day.

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

Application of Act to places other than highways

   1.1  The Lieutenant Governor in Council may make regulations providing that this Act or any provision of this Act or of a regulation applies to a specified place or class of place that is not a highway.

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

Power to do things electronically

   4.1  (1)  Anything that the Minister, the Ministry or the Registrar is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format.

Same

   (2)  Anything that any person is required or authorized to do or to provide to the Minister, the Ministry or the Registrar under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry.

   4.  (1)  Clause 5 (1) (d) of the Act is repealed and the following substituted:

  (d)  providing for and governing the imposition and payment of administrative fees for the reinstatement of suspended licences;

(d.1) providing for exemptions from payment of the administrative fees prescribed under clause (d) and prescribing conditions and circumstances for any such exemption;

   (2)  Clause 5 (1) (g) of the Act is amended by striking out “subsection (2)” and substituting “subsections (2) and 5.1 (2)”.

   (3)  Subsection 5 (1) of the Act is amended by adding the following clause:

    (i)  prescribing consequences in regard to a licence, permit or number plate where a fee or penalty required or imposed under this Act is not paid or its payment is dishonoured.

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

Administrative monetary penalties

   5.1  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  providing for and governing the imposition and payment of administrative monetary penalties payable by persons whose driver’s licence has been suspended, including prescribing different penalties based on the number of times the licence has previously been suspended and on the grounds for suspension;

  (b)  providing for exemptions from payment of an administrative monetary penalty and prescribing conditions and circumstances for any such exemption.

Interest and penalties when payment dishonoured

   (2)  Where payment for an administrative monetary penalty is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a further penalty may be imposed. 

   6.  (1)  Clause 41 (1) (b) of the Act is amended by striking out “section 249, 249.1 or 252 of the Criminal Code (Canada)” and substituting “section 249, 249.1, 249.2, 249.3, 249.4 or 252 of the Criminal Code (Canada)”.

   (2)  Section 41 of the Act is amended by adding the following subsection:

Reduced suspension with ignition interlock condition

   (4.1)  A person whose driver’s licence is suspended under subsection (1) for an offence listed in clause (1) (b.1) or (c) may apply to the Registrar for the reinstatement of his or her licence before the end of the licence suspension period, and the Registrar may reinstate the person’s licence before the end of the licence suspension period, if the person has been notified under section 57 that he or she is required to participate in a conduct review program under that section that consists of or includes an ignition interlock program.

   7.  (1)  Section 41.1 of the Act is amended by adding the following subsection:

Persons authorized to provide programs

   (6.1)  The Minister may authorize or require any person or class of persons to provide or conduct assessments and programs for the purposes of this section and may require them to prepare, keep and submit reports to the Ministry as specified by the Ministry. 

   (2)  Subsection 41.1 (7) of the Act is amended by striking out “by the regulations”.

   (3)  Clause 41.1 (10) (c) of the Act is repealed.

   (4)  Clause 41.1 (10) (j) of the Act is repealed and the following substituted:

    (j)  providing that this section, or any part of it, applies to a class or classes of persons or exempting any class or classes of persons from this section or any part of it, prescribing conditions for any such applications or exemptions and prescribing circumstances in which any such applications or exemptions apply. 

   8.  (1)  Subsection 41.2 (1) of the Act is amended by adding “and not under subsection 41 (4.1)” after “section 41.1”.

   (2)  Subsection 41.2 (9) of the Act is repealed and the following substituted:

Reinstated licence subject to permanent condition

   (9)  If, in accordance with subsection 41.1 (2), the Registrar reduces an indefinite licence suspension that was imposed for a second subsequent conviction or an additional subsequent conviction of an offence under section 253, 254 or 255 of the Criminal Code (Canada), and reinstates a person’s driver’s licence, it is a permanent condition of the person’s driver’s licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 

   (3)  Clause 41.2 (16) (b) of the Act is repealed and the following substituted:

  (b)  respecting the standards governing the installation, operation and maintenance of approved ignition interlock devices for the purposes of this section and Part III.1 of the Civil Remedies Act, 2001 and requiring persons authorized under subsection (14) to comply with those standards;

   9.  Clause 46 (1) (e) of the Act is repealed and the following substituted:

  (e)  that was committed with a motor vehicle under section 249, 249.1, 249.2, 249.3, 249.4, 252, 253, 254, 255 or 259 of the Criminal Code (Canada).

   10.  Section 48 of the Act is repealed and the following substituted:

Administrative licence suspension for blood alcohol concentration above .05

Determining whether to make a demand

   48.  (1)  A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada).

Screening device breath test

   (2)  Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may request that the person surrender his or her driver’s licence.

Approved instrument test

   (3)  Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request that the person surrender his or her driver’s licence.

Licence suspension

   (4)  Upon a request being made under subsection (2) or (3), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended from the time the request is made for the period of time determined under subsection (14).

Suspension concurrent with s. 48.3 suspension

   (5)  The licence suspension under this section runs concurrently with a suspension, if any, under section 48.3.

Opportunity for a second analysis

   (6)  Where an analysis of the breath of a person is made under subsection (2) and registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the person may require a further analysis to be performed in the manner provided in subsection (3), in which case the result obtained on the second analysis governs and any suspension resulting from an analysis under subsection (2) continues or terminates accordingly.

Calibration of screening device

   (7)  For the purposes of subsection (2), the approved screening device shall not be calibrated to register “Warn” or “Alert” or to otherwise indicate that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood.

Same

   (8)  It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (7).

No appeal or hearing

   (9)  There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section, but this subsection does not affect the taking of any proceeding in court.

Intent of suspension

   (10)  The suspension of a licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

Duties of officer

   (11)  Every officer who asks for the surrender of a licence under this section shall,

  (a)  notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time prescribed by the regulations;

  (b)  keep a record of the licence received with the name and address of the person and the date and time of the suspension; and

   (c)  as soon as practicable after receiving the licence, provide the licensee with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended.

Removal of vehicle

   (12)  If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage.

Cost of removal

   (13)  Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer.

Period of suspension

   (14)  A driver’s licence suspended under subsection (4) shall be suspended for,

  (a)  three days, in the case of a first suspension under this section;

  (b)  seven days, in the case of a second suspension under this section;

   (c)  30 days, in the case of a third or subsequent suspension under this section.

Same

   (15)  The following previous suspensions shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension for the purpose of subsection (14):

    1.  A previous suspension that took effect more than five years before the current suspension takes effect.

    2.  A previous suspension that took effect before section 10 of the Safer Roads for a Safer Ontario Act, 2007 comes into force.

Police officer’s other powers unchanged

   (16)  Subsection (1) shall not be construed so as to prevent a police officer from requiring a driver stopped under that subsection to surrender any licence, permit, card or other document that the officer is otherwise authorized to demand under this Act or the Compulsory Automobile Insurance Act or from requiring a driver to submit a vehicle to examinations and tests under subsection 82 (2) of this Act.

Regulations

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

  (a)  respecting the form, manner and time within which the Registrar must be notified under subsection (11);

  (b)  prescribing other material or information to be forwarded to the Registrar under subsection (11). 

Definitions

   (18)  In this section,

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)

“vessel” means a vessel within the meaning of section 214 of the Criminal Code (Canada). (“bateau”)

   11.  (1)  Subsection 48.1 (2) of the Act is amended by adding “or otherwise indicates that the novice driver has no alcohol in his or her body” after “registers “Pass””.

   (2)  Subsection 48.1 (3) of the Act is amended by adding “or otherwise indicates that the novice driver has alcohol in his or her body” after “registers “Presence of Alcohol””.

   (3)  Subsection 48.1 (4) of the Act is amended by adding “or otherwise indicates that the novice driver has alcohol in his or her body” after “registers “Warn”, “Alert” or “Presence of Alcohol””.

   (4)  Subsection 48.1 (5) of the Act is amended by striking out “and invalid for any purpose”.

   (5)  Subsection 48.1 (6) of the Act is amended by adding “or otherwise indicates that the novice driver has alcohol in his or her body” after “registers “Warn”, “Alert” or “Presence of Alcohol””.

   12.  (1)  Subsection 48.2 (2) of the Act is amended by adding “or otherwise indicates that the concentration of alcohol in the accompanying driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood” after “registers “Warn”, “Alert” or “Fail””.

   (2)  Subsection 48.2 (3) of the Act is amended by adding “or otherwise indicates that the concentration of alcohol in the accompanying driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood” after “registers “Warn”, “Alert” or “Fail””.

   13.  Subsection 48.3 (7) of the Act is amended by striking out “and invalid for any purpose”.

   14.  Section 50.2 of the Act is amended by adding the following subsection:

Civil Remedies Act, 2001 prevails

   (10)  Subsection (7) does not apply if the vehicle is subject to an order under Part III.1 of the Civil Remedies Act, 2001.

   15.  Section 55.1 of the Act is amended by adding the following subsection:

Civil Remedies Act, 2001 prevails

   (19.1)  Despite subsections (6), (14.1), (16) and (16.1), a vehicle that is subject to an order under Part III.1 of the Civil Remedies Act, 2001 shall not be released from detention or the impound facility except in accordance with the terms of that order, or another order, made under that Act.

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

Conduct review programs

   57.  (1)  The Lieutenant Governor in Council may make regulations establishing conduct review programs for persons who are applicants for or holders of a licence, permit or certificate under this Act.

Different programs

   (2)  Different conduct review programs may be established for,

  (a)  persons whose driver’s licence has been suspended under this Act;

  (b)  persons involved in more than one motor vehicle accident;

   (c)  persons convicted of an offence under this Act or the regulations; or

  (d)  any other prescribed class of persons.

Program features

   (3)  A conduct review program may consist of or include interviews, assessments, remedial programs, courses, individual or group education sessions, examinations, the required installation and use of a device in a motor vehicle, such as an ignition interlock device, and any other feature that, in the opinion of the Lieutenant Governor in Council, may serve to improve road safety, including by improving individuals’ driving skills and by assisting individuals in changing their past conduct.

Same

   (4)  A regulation made under subsection (1) may,

  (a)  establish criteria and conditions to determine who may be required to participate in a conduct review program;

  (b)  prescribe classes of persons for the purpose of clause (2) (d);

   (c)  establish the features of a conduct review program, including features that may only apply to a person based on the results of an interview, assessment or examination;

  (d)  establish and govern ignition interlock programs, including an ignition interlock program for the purposes of subsection 259 (1.1) of the Criminal Code (Canada) and govern the required installation and use of other devices in a motor vehicle;

  (e)  prescribe what constitutes the successful completion of a conduct review program or of any feature or stage of a conduct review program;

    (f)  prescribe the circumstances in which a participant in a conduct review program will be required to leave the program;

  (g)  govern the requirements, conditions and circumstances for a person who does not successfully complete a conduct review program to participate in a conduct review program again, including prescribing the period of time that a person must wait before recommencing a program, or any feature or stage of it, or before commencing another conduct review program;

   (h)  provide for and govern the suspension, cancellation or change of class of a licence, permit or certificate in specified circumstances, including for failure to successfully complete a conduct review program or a feature or stage of a conduct review program;

    (i)  provide for and govern the imposition of a specified condition, restriction or limitation on a licence, permit or certificate in specified circumstances, including for failure to successfully complete a conduct review program or a feature or stage of a conduct review program;

    (j)  govern the reinstatement of a licence, permit or certificate that is suspended or cancelled under a conduct review program, the reinstatement of a class of licence, permit or certificate that is changed under a conduct review program and the removal of a condition, restriction or limitation that is imposed on a licence, permit or certificate under a conduct review program;

   (k)  require that participants in a conduct review program prepare or obtain and keep specified records and submit them as specified in the regulation to the Ministry during the program and at its conclusion.

Same

   (5)  A regulation made under this section may provide differently for different classes of persons and in different parts of Ontario.

Persons authorized to provide programs

   (6)  The Minister may authorize or require any person or class of persons to provide or conduct a conduct review program, or any feature or stage of a conduct review program and may require them to prepare, keep and submit to the Ministry records and reports as specified by the Ministry.

Records, reports privileged

   (7)  Records and reports filed with the Ministry for the purposes of this section are privileged for the information of the Ministry only and shall not be open for public inspection. 

Format for courses, sessions, etc.

   (8)  Participation in any course, individual or group session or other feature or stage of a conduct review program may be in person or by telephone or other electronic means, as specified by the Ministry.

Fees

   (9)  The Minister,

  (a)  may require a participant in a conduct review program to pay fees to the Minister or to the person who is providing or conducting a conduct review program or any feature or stage of a conduct review program or to both the Minister and the person; and

  (b)  may require different fees for different classes of persons and for different circumstances.

Same

   (10)  The Minister may require that any fees be paid, in whole or in part,

  (a)  prior to participating in a conduct review program;

  (b)  in instalments based on the completion of different features or stages of a conduct review program;

   (c)  together with the submission of any required records during or on the completion of a conduct review program; or

  (d)  in any combination of clauses (a), (b) and (c).

Notification

   (11)  The Registrar may notify a person who meets the prescribed criteria and conditions that he or she is required to participate in a conduct review program, but not every person who meets the prescribed criteria and conditions will be notified by the Registrar, and the decision whether to notify a person or not is in the discretion of the Registrar.

Same

   (12)  The notification shall be delivered personally or mailed to the person at his or her latest address appearing on the records of the Ministry. 

Required to attend

   (13)  A person who receives a notification to participate in a conduct review program shall do so as specified by the Ministry, and a person who does not receive a notification to participate in a conduct review program is not permitted to do so.

Registrar’s discretion in requiring persons to participate

   (14)  In exercising his or her discretion under subsection (11), the Registrar shall take into account the interests of road safety, the driving record and past conduct of any person who meets the prescribed criteria and conditions and the capacity of any conduct review program to accommodate all of the persons who meet the prescribed criteria and conditions.

Parties to judicial review

   (15)  The parties to any judicial review brought in respect of this section are the Registrar and the person whose licence, permit or certificate is affected. 

Protection from personal liability

   (16)  No action or other proceeding for damages shall be instituted against a person authorized or required by this section to provide or conduct a conduct review program, or any feature or stage of a conduct review program, or to submit a record or report for the purposes of this section, unless the person was negligent in the conduct of the program or feature or stage of the program or in the preparation or submission of the record or report. 

Same

   (17)  No action or other proceeding for damages shall be instituted against the Minister, the Registrar or any employee of the Ministry for any action taken or not taken, in respect of a licence, permit or certificate or in respect of a person’s participation in a conduct review program, in good faith in the execution or exercise or intended execution or exercise of a duty or power under this section, including the Registrar’s decision to notify or not notify a person that he or she is required to participate in a conduct review program. 

Crown not relieved of liability

   (18)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (16) and (17) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (16) or (17) to which it would otherwise be subject. 

   17.  (1)  Subsection 62 (14) of the Act is amended by striking out “Subject to subsection (15)” at the beginning and substituting “Subject to subsections (14.1) and (15)”.

   (2)  Section 62 of the Act is amended by adding the following subsection:

Red and blue lights to the front restricted

   (14.1)  In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry any lamp that casts red and blue lights to the front. 

   (3)  Paragraph 2 of subsection 62 (15.1) of the Act is repealed and the following substituted:

    2.  A ministry vehicle operated by an officer appointed for carrying out the provisions of this Act or the Public Vehicles Act, while the officer is in the course of his or her employment.

   (4)  Subsection 62 (15.1) of the Act is amended by adding the following paragraph:

    5.  A prescribed class or type of vehicle, driven by a prescribed class of persons or engaged in a prescribed activity or in prescribed conditions or circumstances.

   (5)  Subsection 62 (16) of the Act is repealed and the following substituted:

Green flashing light restricted

   (16)  The following persons may carry on or in his or her vehicle and operate a lamp that produces intermittent flashes of green light:

    1.  A firefighter, within the meaning of subsection 1 (1) of the Fire Protection and Prevention Act, 1997, while proceeding to a fire or other emergency.

    2.  A prescribed class of volunteer medical responder, while driving a prescribed class or type of vehicle or engaging in a prescribed activity or in prescribed conditions or circumstances.

   (6)  Subsection 62 (21) of the Act is amended by adding the following clauses:

  (d)  prescribing classes or types of vehicles, classes of drivers, activities, conditions and circumstances for the purpose of paragraph 5 of subsection (15.1);

  (e)  prescribing classes of volunteer medical responders, classes or types of vehicles, activities, conditions and circumstances for the purpose of paragraph 2 of subsection (16);

    (f)  governing the training, qualifications and certification of persons prescribed under clause (d) or (e) or who may drive vehicles prescribed under those clauses.

   (7)  Section 62 of the Act is amended by adding the following subsection:

Same

   (21.2)  A regulation made under subsection (21) may provide differently for different classes of persons, different types or classes of vehicles or for different activities, conditions or circumstances.

   (8)  Subsection 62 (32) of the Act is repealed and the following substituted:

Restriction on use of flashing blue light

   (32)  No person shall operate a lamp that produces intermittent flashes of blue light on a highway except,

  (a)  a person operating a road service vehicle in the circumstances described in subsection (31); or

  (b)  a person operating a police department vehicle, together with a lamp that produces intermittent flashes of red light, as permitted by subsection (14.1).

   (9)  Subsection 62 (33) of the Act is amended by striking out “(15), (16), (22) (24), (25), (26) or (29)” and substituting “(14.1), (15), (16.1), (22), (24), (25), (26), (29), (31) or (32)”.

   18.  The definition of “emergency vehicle” in subsection 144 (1) of the Act is repealed and the following substituted:

“emergency vehicle” means,

  (a)  a vehicle while used by a person in the lawful performance of his or her duties as a police officer, on which a siren is continuously sounding and from which intermittent flashes of red light or red and blue light are visible in all directions, or 

  (b)  any of the following vehicles, on which a siren is continuously sounding and from which intermittent flashes of red light are visible in all directions:

           (i)  a fire department vehicle, as defined in section 61, while proceeding to a fire or responding to, but not while returning from, a fire alarm or other emergency call,

          (ii)  an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation, or

         (iii)  a cardiac arrest emergency vehicle operated by or under the authority of a hospital; (“véhicule de secours”)

   19.  Subsection 159 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Fire department vehicles, etc., approaching

   (1)  The driver of a vehicle, upon the approach of a police department vehicle upon which a bell or siren is sounding or upon which a lamp is producing intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department vehicle or public utility emergency vehicle upon which a bell or siren is sounding or upon which a lamp is producing intermittent flashes of red light, shall immediately bring such vehicle to a standstill,

.     .     .     .     .

   20.  Subsection 159.1 (1) of the Act is amended by striking out “intermittent flashes of red light” and substituting “intermittent flashes of red light or red and blue light”.

   21.  Section 172 of the Act is repealed and the following substituted:

Racing, stunts, etc., prohibited

   172.  (1)  No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 

Offence

   (2)  Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s licence may be suspended,

  (a)  on a first conviction under this section, for not more than two years; or

  (b)  on a subsequent conviction under this section, for not more than 10 years.

Determining subsequent conviction

   (3)  In determining whether a conviction is a subsequent conviction for the purposes of subsection (2), 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. 

10-year limitation

   (4)  A conviction that is more than 10 years after the previous conviction is deemed to be a first conviction for the purpose of subsection (2).

Police to require surrender of licence, detention of vehicle

   (5)  Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,

  (a)  request that the person surrender his or her driver’s licence; and

  (b)  detain the motor vehicle that was being driven by the person until it is impounded under clause (7) (b).

Administrative seven-day licence suspension

   (6)  Upon a request being made under clause (5) (a), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for a period of seven days from the time the request is made.

Administrative seven-day vehicle impoundment

   (7)  Upon a motor vehicle being detained under clause (5) (b), the motor vehicle shall, at the cost of and risk to its owner,

  (a)  be removed to an impound facility as directed by a police officer; and

  (b)  be impounded for seven days from the time it was detained under clause (5) (b).

Release of vehicle

   (8)  Subject to subsection (15), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment.

Early release of vehicle

   (9)  Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded under subsection (7) or, subject to subsection (15), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in contravention of subsection (1).

Duty of officer re licence suspension

   (10)  Every officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence, provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended.

Duty of officer re impoundment

   (11)  Every officer who detains a motor vehicle under this section shall prepare a notice identifying the motor vehicle that is to be impounded under subsection (7), the name and address of the driver and the date and time of the impoundment and shall, as soon as practicable after the impoundment of the motor vehicle, provide the driver with a copy of the notice showing the time from which the impoundment takes effect, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered.

Same

   (12)  A police officer shall provide a copy of the notice prepared under subsection (11) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry.

No appeal or hearing

   (13)  There is no appeal from, or right to be heard before, a vehicle detention, driver’s licence suspension or vehicle impoundment under subsection (5), (6) or (7), but this subsection does not affect the taking of any proceeding in court.

Lien for storage costs

   (14)  The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act.

Costs to be paid before release of vehicle

   (15)  The person who operates the impound facility where a motor vehicle is impounded under subsection (7) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.

Owner may recover losses from driver

   (16)  The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under clause (5) (b) to recover any costs or other losses incurred by the owner in connection with the impoundment.

Offence

   (17)  Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

Intent of suspension and impoundment

   (18)  The suspension of a driver’s licence and the impoundment of a motor vehicle under this section are intended to promote compliance with this Act and to thereby safeguard the public and do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

Forms

   (19)  The Minister may require that forms approved by the Minister be used for any purpose of this section.

Regulations

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

  (a)  requiring police officers to keep records with respect to licence suspensions and vehicle impoundments under this section for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Registrar and governing such records and reports;

  (b)  exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles;

   (c)  defining the terms “race”, “contest” and “stunt” for the purposes of this section.

Definition

   (21)  In this section,

“driver’s licence” includes a driver’s licence issued by another jurisdiction.

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

Nitrous oxide fuel systems prohibited

   172.1  (1)  No person shall drive or permit to be driven on a highway a motor vehicle manufactured or modified after its manufacture such that nitrous oxide may be delivered into the fuel mixture unless,

  (a)  the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide can be clearly seen by looking at the interior or exterior of the motor vehicle;

  (b)  there is no canister, bottle, tank or pressure vessel connected to that part; and

   (c)  if the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide is located inside the passenger compartment, there is no canister, bottle, tank or pressure vessel capable of containing nitrous oxide in the passenger compartment.

Same

   (2)  No person shall drive or permit to be driven on a highway a motor vehicle manufactured or modified after its manufacture such that nitrous oxide may be delivered into the fuel mixture unless,

  (a)  the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide is completely disconnected from the part of the system that connects to the engine;

  (b)  the disconnection can be clearly seen by looking at the interior or exterior of the motor vehicle; and

   (c)  the disconnected parts cannot be reconnected from inside the passenger compartment.   

Offence

   (3)  Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

   23.  Subsection 214.1 (7) of the Act is amended by striking out “and in addition his or her licence or permit may be suspended for a period of not more than two years” at the end and substituting “and in addition his or her licence or permit may be suspended for a period of not more than the maximum period for which his or her licence could be ordered suspended by a court under section 130 or 172, as the case may be”.

   24.  Section 217 of the Act is amended by adding the following subsection:

Exceptions to release of motor vehicle

   (4.1)  A motor vehicle shall not be released under subsection (4) if it was removed, stored, detained or impounded pursuant to any provision of this Act other than subsection (4) of this section.

Remedies for Organized Crime and Other Unlawful Activities Act, 2001

   25.  The short title of the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 is repealed and the following substituted:

Civil Remedies Act, 2001

   26.  Clause 1 (c) of the Act is repealed and the following substituted:

   (c)  preventing property, including vehicles as defined in Part III.1, from being used to engage in certain unlawful activities; and

   27.  (1)  Paragraph 1 of subsection 4 (1) of the Act is repealed and the following substituted:

    1.  An order restraining the disposition or encumbrance of the property or its use as collateral under the Personal Property Security Act or otherwise.

   (2)  Subsection 4 (1) of the Act is amended by adding the following paragraph:

  4.1  An order that any proceeds of sale or other disposition of the property be paid into court pending the conclusion of a proceeding under section 3. 

   (3)  Subsection 4 (3) of the Act is amended by striking out “10 days” at the end and substituting “30 days”.

   (4)  Subsection 4 (5) of the Act is amended by striking out “10 days” at the end and substituting “30 days”.

   28.  (1)  The definition of “instrument of unlawful activity” in subsection 7 (1) of the Act is repealed and the following substituted:

“instrument of unlawful activity” means property that is likely to be used to engage in unlawful activity that, in turn, would be likely to or is intended to result in the acquisition of other property or in serious bodily harm to any person, and includes any property that is realized from the sale or other disposition of such property; (“instrument d’activité illégale”)

   (2)  Section 7 of the Act is amended by adding the following subsection:

Same

   (3)  Where property that is the subject of a proceeding or intended proceeding under section 8 was modified or sold or otherwise disposed of before an order is made under subsection 8 (1), the determination of whether the modified property or the property that was realized from the sale or other disposition of the property is an “instrument of unlawful activity” shall be based on whether the property was likely to be used to engage in unlawful activity before it was modified or sold or otherwise disposed of.

   29.  Section 8 of the Act is amended by adding the following subsection:

Property sold, disposed of

   (3.1)  Where property that is the subject of a proceeding under this section is modified or sold or otherwise disposed of after the proceeding has been commenced but before an order is made under subsection (1), the proceeding shall be continued in respect of the modified property or property that is realized from the sale or other disposition and, if the original property would have been found to be an instrument of unlawful activity, the court shall make a finding that the modified or realized property is also an instrument of unlawful activity.

   30.  (1)  Paragraph 1 of subsection 9 (1) of the Act is repealed and the following substituted:

    1.  An order restraining the disposition or encumbrance of the property or its use as collateral under the Personal Property Security Act or otherwise.

   (2)  Subsection 9 (1) of the Act is amended by adding the following paragraph:

  4.1  An order that any proceeds of sale or other disposition of the property be paid into court pending the conclusion of a proceeding under section 8. 

   (3)  Section 9 of the Act is amended by adding the following subsection:

Property sold, disposed of

   (2.1)  Where property that is the subject of a proceeding or intended proceeding under section 8 is modified or sold or otherwise disposed of, a motion under this section may be continued or brought in respect of the modified property or property that is realized from the sale or other disposition and, if the court would have made an order under subsection (1) in respect of the original property, the court shall make an order under subsection (1) in respect of the modified or realized property.

   (4)  Subsection 9 (3) of the Act is amended by striking out “10 days” at the end and substituting “30 days”.

   (5)  Subsection 9 (5) of the Act is amended by striking out “10 days” at the end and substituting “30 days”.

   31.  Subsection 11 (4) of the Act is amended by striking out “(3.3)” and substituting “(3.4)”.

   32.  The Act is amended by adding the following Part:

Part III.1
Unlawful Activities related to road safety

Definitions

   11.1  In this Part,

“approved ignition interlock device” has the same meaning as in section 41.2 of the Highway Traffic Act; (“dispositif de verrouillage du système de démarrage approuvé”)

“Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”)

“owner”, with respect to a vehicle, means,

  (a)  each person whose name appears on the vehicle portion and the plate portion of the permit, or

  (b)  if the vehicle is registered in a jurisdiction outside Ontario, each person whose name appears on the certificate of title or registration in that jurisdiction; (“propriétaire”)

“responsible vehicle owner” means an owner of a vehicle, or other person who has an interest in a vehicle, who has done all that can reasonably be done to prevent the vehicle from being used to engage in vehicular unlawful activity, including,

  (a)  promptly notifying appropriate law enforcement agencies whenever the person knows or ought to know that the vehicle has been, is being or is likely to be used to engage in vehicular unlawful activity,

  (b)  refusing or withdrawing any permission that the person has authority to give if the person knows or ought to know that such permission has facilitated, is facilitating or is likely to facilitate the vehicle being used to engage in vehicular unlawful activity, and

   (c)  denying access to the vehicle or to the keys to the vehicle if the person knows or ought to know that the other person is using, has used or is likely to use the vehicle to engage in vehicular unlawful activity,

and does not include an owner of the vehicle or other person who has an interest in the vehicle who has given permission to another person to operate the vehicle if the owner or other person with an interest knows or ought to know that,

  (d)  the other person’s driver’s licence is suspended as a result of vehicular unlawful activity, or

  (e)  the vehicle is likely to be used to engage in vehicular unlawful activity; (“propriétaire de véhicule responsable”)

“vehicle” means,

  (a)  a vehicle within the meaning of the Highway Traffic Act, or

  (b)  a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act; (“véhicule”)

“vehicular unlawful activity” means an act or omission that,

  (a)  is an offence under section 253, 254 or 255 of the Criminal Code (Canada) or another provision of the Criminal Code (Canada) that is prescribed by the regulations made under this Act,

  (b)  is an offence under subsection 53 (1.1) of the Highway Traffic Act or another provision of the Highway Traffic Act that is prescribed by the regulations made under this Act, subject to the conditions or in the circumstances prescribed by the regulation, or

   (c)  is an offence under an Act of a jurisdiction outside Ontario, if a similar act or omission would be an offence described in clause (a) or (b) if it were committed in Ontario,

whether the act or omission occurred before or after this Part came into force. (“activité illégale liée à l’utilisation d’un véhicule”)

Forfeiture order

   11.2  (1)  In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (4) and except where it would clearly not be in the interests of justice, make an order forfeiting a vehicle to the Crown in right of Ontario if the court finds that the vehicle,

  (a)  was or is likely to be used to engage in vehicular unlawful activity; and

  (b)  is owned by or is in the care, control or possession of a person whose driver’s licence has been suspended under the Highway Traffic Act for vehicular unlawful activity two or more times in the preceding 10 years.

Action or application

   (2)  The proceeding may be by action or application.

Vehicle sold, disposed of

   (3)  Where a vehicle that is the subject of a proceeding under this section is sold or otherwise disposed of after the proceeding has been commenced but before an order is made under subsection (1), the proceeding shall be continued in respect of any othervehicle or vehicles owned or in the care, control or possession of a person who, before the sale or other disposition of the original vehicle, owned or had the care, control or possession of the original vehicle and, if the original vehicle would have been found to be subject to an order under subsection (1), the court shall make an order against the other vehicle or vehicles under subsection (1).

Responsible vehicle owners

   (4)  If the court would make an order against a vehicle under subsection (1) and a party to the proceeding proves that he, she or it is a responsible vehicle owner of the vehicle, the court, except where it would clearly not be in the interests of justice, shall make such order as it considers necessary to protect the responsible vehicle owner’s interest in the vehicle.

Same

   (5)  Without limiting the generality of subsection (4), an order made under subsection (4) may,

  (a)  sever any interest in the vehicle or require any interest in the vehicle to be sold or otherwise disposed of, to protect a responsible vehicle owner’s interest in the vehicle; or

  (b)  provide that the Crown in right of Ontario takes the vehicle subject to the interest of a responsible vehicle owner.

No limitation period

   (6)  There is no limitation period for a proceeding under this section.

Interlocutory order for preservation, impounding, modification or disposition of vehicle

   11.3  (1)  On motion by the Attorney General in a proceeding or intended proceeding under section 11.2, the Superior Court of Justice may make any or all of the following interlocutory orders for the preservation, impounding, modification or disposition of any vehicle that is the subject of the proceeding:

    1.  An order restraining the disposition or encumbrance of the vehicle or its use as collateral under the Personal Property Security Act or otherwise.

    2.  An order for the vehicle to be impounded by the Director and for the vehicle to be released only on a further order of the court.

    3.  An order for the possession, delivery or safekeeping of the vehicle.

    4.  An order requiring that the vehicle be equipped with an approved ignition interlock device.

    5.  An order for the sale or other disposition of the vehicle.

    6.  An order that any proceeds of sale or other disposition of the vehicle be paid into court pending the conclusion of the proceeding under section 11.2.

    7.  An order to sever any interest in the vehicle or to require any interest in the vehicle to be sold or otherwise disposed of.

    8.  An order giving the Crown in right of Ontario a lien for an amount fixed by the court on the vehicleto secure performance of an obligation imposed by another order made under this subsection.

    9.  An order requiring the owner or owners to agree, as a condition of the vehicle not being impounded or as a condition of the release of the vehicle from impoundment, that the vehicle shall not be operated by a person whose driver’s licence is suspended as a result of vehicular unlawful activity or has been suspended two or more times in the preceding 10 years as a result of vehicular unlawful activity.

  10.  An order for the vehicle to be impounded by the Director if an owner of the vehicle fails to comply with an order made under paragraph 4, 5, 6 or 9 or an order made under paragraph 11 relating to the operation of the vehicle, and for the vehicle to be released only on a further order of the court.

  11.  Any other order relating to the vehicle that the court considers just.

Same

   (2)  The court shall make an order under subsection (1) if the court is satisfied that there are reasonable grounds to believe that the vehicle is owned by or is in the care, control or possession of a person whose driver’s licence has been suspended under the Highway Traffic Act for vehicular unlawful activity two or more times in the preceding 10 years and that the vehicle,

  (a)  is impounded under the Highway Traffic Act as a result of vehicular unlawful activity; or

  (b)  was or is likely to be used to engage in vehicular unlawful activity.

Vehicle sold, disposed of

   (3)  Where a vehicle that is the subject of a proceeding or intended proceeding under section 11.2 is sold or otherwise disposed of, a motion under this section may be continued or brought in respect of any other vehicle or vehicles owned or in the care, control or possession of a person who owned or had care, control or possession of the original vehicle and, if the court would have made an order under subsection (1) in respect of the original vehicle, the court shall make an order under subsection (1) in respect of such other vehicle or vehicles.

Release of impounded vehicle

   (4)  A vehicle ordered released under subsection (1) shall not be released,

  (a)  if it is still subject to impoundment under the Highway Traffic Act;

  (b)  if all of the costs incurred by the Crown relating to a proceeding or intended proceeding under this Part with respect to the preservation, impounding, modification or storage of the vehicle have not been paid; or

   (c)  if the impound costs have not been paid to the operator of the impound facility.

Motion made without notice

   (5)  An order under subsection (1) may be made on motion without notice for a period not exceeding 30 days.

Extension

   (6)  If an order under subsection (1) is made on a motion without notice, a motion to extend the order may be made only on notice to every party affected by the order unless the court is satisfied that because a party has been evading service or because there are other exceptional circumstances, the order ought to be extended without notice to the party.

Same

   (7)  An extension may be granted on a motion without notice for a further period not exceeding 30 days. 

Liens on vehicles

   (8)  If an order under paragraph 8 of subsection (1) gives the Crown a lien on a vehicle,

  (a)  the Personal Property Security Act applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;

  (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and

   (c)  the Attorney General may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.

Costs

   (9)  The costs associated with the forfeiture, preservation, impounding, modification, storage or disposition of a vehicle under this Part, including the costs of equipping the vehicle with an approved ignition interlock device, incurred by the Crown or any person are a debt due by the owner of the vehicle at the time the order was made to the Crown or person who incurred the costs, and the debt may be recovered in any court of competent jurisdiction. 

Assignment of duties to Director

   (10)  When the Attorney General requests it, the court making an order under subsection (1) shall assign any duties in respect of the vehicle to the Director. 

Special purpose account

   11.4  (1)  If a vehicle forfeited to the Crown in right of Ontario under this Part is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 

Same

   (2)  For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose.  

Payments out of account for Crown’s costs

   (3)  If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (8), to compensate the Crown in right of Ontario for its costs incurred,

  (a)  in conducting the proceeding under this Part;

  (b)  in determining whether the proceeding under this Part should be commenced;

   (c)  in preserving, impounding, modifying, storing, forfeiting or disposing of the vehicle under this Part; and

  (d)  in enforcing or complying with orders made under this Part in respect of the vehicle.

Other payments out of account

   (4)  Subject to the regulations made under this Act and after making the payments, if any, out of the account under subsection (3), the Minister of Finance may make payments out of the account described in subsection (1) for the following purposes:

    1.  To compensate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, as a result of the vehicular unlawful activity that gave rise to the forfeiture.

    2.  To assist victims of vehicular unlawful activities or to prevent vehicular unlawful activities that result in victimization.

    3.  To compensate the Crown in right of Ontario for costs incurred in respect of any proceeding under this Part other than the costs described in subsection (3), and for pecuniary losses suffered as a result of the vehicular unlawful activity that gave rise to the forfeiture, including costs incurred in remedying the effects of that vehicular unlawful activity.

    4.  To compensate a municipal corporation or a public body that belongs to a class prescribed by the regulations made under this Act for pecuniary losses that were suffered as a result of the vehicular unlawful activity that gave rise to the forfeiture and that are costs incurred in remedying the effects of that vehicular unlawful activity.

    5.  If, according to the criteria prescribed by the regulations made under this Act, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 to 4, such other purposes as are prescribed by the regulations. 

Director’s election to give priority to persons who suffered loss

   (5)  The Director may elect not to request payment out of the account under subsection (3) if, in his or her opinion, all or substantially all of the money in the account is needed to compensate the persons who are entitled to compensation under paragraph 1 of subsection (4). 

Payment for Crown’s costs after payment to persons who suffered loss

   (6)  If the Director elects not to request payment under subsection (3), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (8), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (3) out of the account, after the payments are made to compensate the persons who are entitled to compensation under paragraph 1 of subsection (4). 

Payment for Crown’s costs out of other accounts

   (7)  If the amount of money in the account is insufficient to satisfy the Crown’s costs pursuant to a request made by the Director under subsection (3) or (6), the Minister of Finance shall make payments to compensate the Crown in right of Ontario for its unsatisfied costs out of another account into which money is deposited under subsection (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (4) and to compensate the Crown for its costs incurred in respect of that account. 

Determination of Crown’s costs

   (8)  The amount of the Crown’s costs under subsection (3) or (6) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including,

  (a)  a flat rate for every forfeiture;

  (b)  a flat rate for every step taken;

   (c)  an hourly rate;

  (d)  the actual costs; or

  (e)  a percentage of the value of the vehicle forfeited.

Related vehicles

   (9)  If money is required to be deposited under subsection (1) in respect of two or more vehicles and the Minister of Finance is of the opinion that the vehicles are related, the money may be deposited into a single account and, for the purpose of payments out of the account, a reference in subsection (3), (4) or (8) to “the vehicle” shall be deemed to be a reference to any of the vehicles.

   33.  (1)  Subsection 14 (3) of the Act is amended by striking out “10 days” at the end and substituting “30 days”.

   (2)  Subsection 14 (5) of the Act is amended by striking out “10 days” at the end and substituting “30 days”.

   34.  Part IV.1 of the Act is amended by adding the following section:

Definition

   15.0.1  In this Part,

“property” includes a vehicle, as defined in section 11.1.

   35.  Clause 15.1 (1) (b) of the Act is amended by striking out “subsection 4 (1), 9 (1) or 14 (1)” and substituting “subsection 4 (1), 9 (1), 11.3 (1) or 14 (1)”.

   36.  (1)  Subsection 15.3 (1) of the Act is repealed and the following substituted:

Director’s powers

   (1)  Subject to any limits contained in an order under subsection 4 (1), 9 (1), 11.3 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002, the Director of Asset Management – Civil may preserve, manage, modify, store, sell or otherwise dispose of or deal with any property described in subsection 15.1 (1) that is not money in any manner that he or she considers proper. 

   (2)  Clause 15.3 (2) (a) of the Act is repealed and the following substituted:

  (a)  tow, take possession of and preserve, store or manage the property for the length of time and on the terms that he or she considers proper;

(a.1) modify a vehicle to which Part III.1 applies by installing an approved ignition interlock device, as defined in that Part;

   37.  Part V of the Act is amended by adding the following sections:

Notice of proceedings, etc.

   15.5  (1)  In any proceeding or intended proceeding under Part II, III or III.1, the Attorney General shall give notice of the proceeding and of any interlocutory motion to be brought in respect of such proceeding or intended proceeding to the following persons in accordance with the rules of court as if such persons were parties to the proceeding:

    1.  Where the property that is the subject of the proceeding or intended proceeding is registered under the Land Titles Act, every person appearing by the parcel register to have an interest in the property.

    2.  Where the Registry Act applies to the property that is the subject of the proceeding or intended proceeding, every person appearing by the abstract index to have an interest in the property.

    3.  Where there is a statutory lien in favour of the Crown or any other public authority against the property that is the subject of the proceeding or intended proceeding and where the Attorney General has written notice of the lien, the Crown or other public authority claiming the lien.

    4.  Where the Attorney General has actual notice, before commencing a proceeding for forfeiture of the property or an interlocutory motion in respect of that property, that any person has an interest in the property or claims to be the rightful owner of the property, that person.

    5.  Where a proceeding for forfeiture or interlocutory motion is commenced or brought under Part II, a person who has given the Attorney General written notice, before the commencement of the proceeding or motion in respect of the property, that the person is the legitimate owner, as defined in section 2, of the property.

    6.  Where a proceeding for forfeiture or interlocutory motion is commenced or brought under Part III, a person who has given the Attorney General written notice, before the commencement of the proceeding or motion in respect of the property, that the person is the responsible owner, as defined in section 7, of the property.

    7.  Where a proceeding for forfeiture or interlocutory motion is commenced or brought under Part III.1, a person who has given the Attorney General written notice, before the commencement of the proceeding or motion in respect of the vehicle, that the person is the owner, as defined in section 11.1, of the vehicle.

    8.  Where a security interest under the Personal Property Security Act has attached to the property that is the subject of a proceeding or intended proceeding, the person named in a security agreement that has been perfected by registration under that Act before a proceeding for forfeiture or interlocutory motion is commenced or brought.

    9.  Where a person described in paragraph 1, 2, 3, 4, 5, 6, 7 or 8 is an undischarged bankrupt under the Bankruptcy and Insolvency Act (Canada), that person’s trustee in bankruptcy.

Parties

   (2)  Every person who is entitled to receive notice under subsection (1) shall be deemed to be a party to the proceeding for forfeiture or interlocutory motion as if they were a named defendant or respondent in the proceeding or motion. 

Failure to file a notice of appearance

   (3)  Despite subsection (1), a person who is given notice under subsection (1) and does not file a notice of appearance as required by the rules of court is not entitled to any further notice of a proceeding or motion in respect of the same matter.

Actions in rem

   15.6  (1)  All proceedings, including proceedings for an interlocutory order, under Parts II, III and III.1, whether by action or application, are in rem and not in personam.

Parties

   (2)  Subsection (1) applies even though the proceedings have parties.

Same

   (3)  The rules of court apply with necessary modifications to the court’s jurisdiction to make an order in respect of any party or other person in any proceeding as if the proceeding were in personam and such person were a named defendant or respondent in the proceeding.

Application

   (4)  This section applies to all proceedings under Parts II, III and III.1, including proceedings for an interlocutory order, even if the proceedings were commenced before the coming into force of this section.

   38.  Section 18 of the Act is amended by striking out “interest in property” and substituting “interest in property, including a vehicle as defined in section 11.1”.

   39.  (1)  Paragraph 3 of subsection 19 (1) of the Act is amended by striking out “paragraph 1 of subsection 6 (3) or paragraph 1 of subsection 11 (3)” and substituting “paragraph 1 of subsection 6 (3), paragraph 1 of subsection 11 (3) or paragraph 1 of subsection 11.4 (4)”.

   (2)  Section 19 of the Act is amended by adding the following subsections:

Agreements with other jurisdictions

   (1.1)  The Director of Asset Management – Civil may, subject to the regulations made under this Act, enter into agreements for the collection, use or disclosure of information, including personal information or for the purpose of exchanging and sharing information, including personal information with the government of Canada, of another province or territory of Canada or of any jurisdiction outside of Canada, with an agency of any such government or with any public body in or outside Canada for any purpose listed in paragraphs 1 to 5 of subsection (1) or for a similar purpose under an Act of the other jurisdiction.

Information from Ministry of Transportation

   (1.2)  The Attorney General may collect from the Ministry of Transportation information, including personal information, obtained by the Ministry of Transportation pursuant to any information sharing agreement between the Minister of Transportation and the government of any other jurisdiction, an agency of any such government or any public body in or outside Canada for a purpose set out in subsection (1).

   (3)  Subsection 19 (3) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1) or (1.2)”.

   (4)  Subsection 19 (4) of the Act is amended by striking out “subsection (1)” in the portion before paragraph 1 and substituting “subsection (1), (1.1) or (1.2)”.

   (5)  Clause 19 (5.1) (a) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1) or (1.2)”.

   (6)  Subsection 19 (6) of the Act is repealed and the following substituted:

Exception

   (6)  Subsections (4) and (5) do not require a person to disclose information if the person believes that the disclosure would unduly interfere with the administration or enforcement of any Act of Canada, Ontario, another province or territory of Canada or a jurisdiction outside of Canada.

   (7)  Subsection 19 (9) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1) or (1.2)”.

   40.  Part V of the Act is amended by adding the following section:

Proceedings pursuant to agreements

   19.1  (1)  A proceeding may be commenced under Part II, III or III.1 pursuant to an agreement entered into under subsection 19 (1.1).

Forfeited property

   (2)  Property that is forfeited to the Crown pursuant to a proceeding referred to in subsection (1) may, subject to the regulations made under this Act, be delivered to the other jurisdiction in specie in whole or in part, retained in Ontario or, if the property is not money, converted into money and distributed out of the special purpose account referred to in section 6, 11 or 11.4, as the case may be.

   41.  (1)  Clause 21 (1) (b) of the Act is amended by striking out the portion before subclause (i) and substituting the following:

  (b)  governing payments out of accounts referred to in section 6, 11, 11.4 or 15, including governing the circumstances in which payments may be made, governing the amounts of payments, governing procedures for determining what payments are made, prescribing classes of public bodies for the purpose of paragraph 4 of subsection 6 (3), paragraph 4 of subsection 11 (3) and paragraph 4 of subsection 11.4 (4) and, in the case of payments under paragraph 1 of subsection 6 (3), paragraph 1 of subsection 11 (3) or paragraph 1 of subsection 11.4 (4),

.     .     .     .     .

   (2)  Subsection 21 (1) of the Act is amended by adding the following clause:

(b.1) prescribing offences under the Criminal Code (Canada) and the Highway Traffic Act, and prescribing circumstances and conditions, for the purpose of the definition of vehicular unlawful activity in section 11.1;

   (3)  Subsection 21 (1) of the Act is amended by adding the following clauses:

(c.1) governing agreements authorized by subsection 19 (1.1);

.     .     .     .     .

(d.1) governing the delivery or distribution of property under subsection 19.1 (2);

Consequential Amendments to Other Acts

   42.  Clause 2 (7) (d) of the Electricity Act, 1998 is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   43.  (1)  Section 14.1 of the Freedom of Information and Protection of Privacy Act is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   (2)  Subsection 29 (2) of the Act is amended by striking out “(Remedies for Organized Crime and Other Unlawful Activities Act, 2001)” in the portion before clause (a) and substituting “(Civil Remedies Act, 2001)”.

   (3)  Subsection 39 (3) of the Act is amended by striking out “(Remedies for Organized Crime and Other Unlawful Activities Act, 2001)” and substituting “(Civil Remedies Act, 2001)”.

   44.  (1)  Clause 16 (1) (e) of the Limitations Act, 2002 is repealed and the following substituted:

  (e)  a proceeding under section 8 or 11.2 of the Civil Remedies Act, 2001;

   (2)  The Schedule to the Act is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   45.  (1)  Section 8.1 of the Municipal Freedom of Information and Protection of Privacy Act is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   (2)  Subsection 22 (2) of the Act is amended by striking out “(Remedies for Organized Crime and Other Unlawful Activities Act, 2001)” in the portion before clause (a) and substituting “(Civil Remedies Act, 2001)”.

   (3)  Clause 29 (3) (a) of the Act is amended by striking out “(Remedies for Organized Crime and Other Unlawful Activities Act, 2001)” and substituting “(Civil Remedies Act, 2001)”.

   46.  (1)  The definition of “Director” in section 2 of the Prohibiting Profiting from Recounting Crimes Act, 2002 is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   (2)  Subsection 9.1 (1) of the Act is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   47.  Subsection 24 (4) of the Rescuing Children from Sexual Exploitation Act, 2002 is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

   48.  Subclause 5 (m) (i) of the Residential Tenancies Act, 2006 is amended by striking out “Remedies for Organized Crime and Other Unlawful Activities Act, 2001” and substituting “Civil Remedies Act, 2001”.

Commencement and Short Title

Commencement

   49.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  Sections 10 to 15, subsections 17 (4), (5) and (6), sections 21, 22, 26, 32, 34, 35, 36 and 38 and subsection 39 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   50.  The short title of this Act is the Safer Roads for a Safer Ontario Act, 2007.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 203 and does not form part of the law.  Bill 203 has been enacted as Chapter 13 of the Statutes of Ontario, 2007.

 

The Bill amends the Highway Traffic Act and the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 and makes consequential amendments to several other Acts.

Highway Traffic Act

Impaired driving

Currently, section 48 provides for a 12-hour administrative driver’s licence suspension for drivers whose blood alcohol concentration exceeds .05. The licence suspension period is increased to three days for a first suspension under this section, seven days for a second suspension and 30 days for a subsequent suspension.  Amendments are made to sections 48.1, 48.2 and 48.3 to parallel some of the wording changes in section 48.

Section 41 provides that the driver’s licence of a person convicted of an impaired driving offence under the Criminal Code (Canada) is suspended, on conviction, for one year for a first offence, three years for a second offence, and indefinitely for a subsequent offence.  Section 41 is amended so that drivers whose licence is suspended under this section may apply to reinstate their licences early if they participate in an ignition interlock program.

Street racing

Section 172 prohibits street racing.  The current penalty for street racing is a $200 minimum and $1,000 maximum fine or six months imprisonment, or both a fine and imprisonment, and a maximum driver’s licence suspension of two years.  The fine is increased to a $2,000 minimum and $10,000 maximum.  The driver’s licence suspension is increased to a maximum of two years for a first offence and a maximum of 10 years for a subsequent offence.   In addition, there will be a seven-day administrative driver’s licence suspension and vehicle impoundment.  The driver’s licence suspensions will apply not only to people with Ontario driver’s licences, but to drivers licensed by another jurisdiction as well.

New section 172.1 is enacted.  It prohibits driving a motor vehicle equipped with a nitrous oxide fuel system except where the nitrous oxide connection is not operational.

Subsection 41 (1) is amended so that a person convicted under the recently passed street racing offences in the Criminal Code (Canada) will be subject to the same automatic driver’s licence suspensions on conviction as are persons convicted of impaired driving under the Criminal Code (Canada). A consequential amendment is made to section 46.

Section 214.1 is amended to provide that a person who is convicted of street racing in a community safety zone is subject to the same increased licence suspensions as would be imposed under section 172.  Currently, the maximum licence suspension under section 214.1 is two years.

Conduct review programs

Section 57 currently allows for the establishment of a conduct review system in the regulations.  This section is re-enacted to allow for the establishment of different kinds of conduct review programs, each directed at applicants and holders of licences, permits and certificates under the Act with different remedial needs. Programs may include different features, such as assessments, interviews, remedial programs, courses, examinations or the required installation and use of a device in a motor vehicle, such as an ignition interlock device. A conduct review program may provide for a licence, permit or certificate to be suspended, cancelled or changed in respect of its class or for a condition to be added to it.  The ignition interlock program required for early reinstatement of a driver’s licence under section 41 is to be a program established under this section.

Use of flashing coloured lights

Section 62 restricts the use of different coloured lights to various classes of vehicles.  Currently, flashing red lights are permitted to a number of classes of vehicles (eg. police department vehicles, ambulances) listed in subsection 62 (15) and green flashing lights are permitted to firefighters only.  The section is amended as follows: to allow that further classes of vehicles, to be prescribed by the regulations, may use red flashing lights; to give police department vehicles the exclusive right to use red and blue flashing lights; and to allow volunteer medical responders, to be prescribed by the regulations, to use green flashing lights.  Consequential amendments are made to sections 144, 159 and 159.1.

Expanded application of the Act

Under new section 1.1, the Lieutenant Governor in Council may make regulations extending the application of the Act to places that are not highways, as defined in the Act.

Miscellaneous matters

New subsection 1 (8) is enacted to clarify that suspensions and impoundments for a period of days are counted by including 24 hours for each day.

Section 4.1 is added to permit the Ministry to do things electronically and in electronic format and to permit persons dealing with the Ministry to do things electronically and in electronic format, as permitted by the Ministry.

Section 5 currently provides for regulations prescribing miscellaneous fees.  Clause 5 (1) (d) provides for administrative fees for the reinstatement of licences.  This is amended and clause 5 (1) (d.1) is added to allow for conditions and circumstances to attach to any exemption from the payment of these fees. New clause 5 (1) (i) is added to permit regulations that impose consequences in regard to licences, permits and number plates for failure to pay a fee or penalty or for a dishonoured payment.

New section 5.1 authorizes the Lieutenant Governor in Council to prescribe administrative monetary penalties to be paid by persons whose licence is suspended.

Sections 50.2 and 55.1 are amended to provide that orders under Part III.1 of the Civil Remedies Act, 2001 prevail over an order to release a vehicle under the Highway Traffic Act.  Clause 41.2 (16) (b) is re-enacted to provide that the regulations made under that clause governing ignition interlock devices apply for the purposes of both section 41.2 of the Act and Part III.1 of the Civil Remedies Act, 2001.

Subsection 217 (4.1) is enacted to clarify the application of subsection 217 (4).

Remedies for Organized Crime and Other Unlawful Activities Act, 2001

The title of the Act is changed to the Civil Remedies Act, 2001. Consequential amendments are made to numerous other Acts to reflect the new title.

A new Part III.1 is added to the Act.  This Part provides for the Superior Court of Justice, in a proceeding commenced by the Attorney General, to make an order forfeiting a vehicle (which is defined to include a motorized snow vehicle) to the Crown in right of Ontario if the court finds that the vehicle was or is likely to be used to engage in certain unlawful activity and is owned or is in the care, control or possession of a person whose driver’s licence has been suspended under the Highway Traffic Act for certain unlawful activity two or more times in the preceding 10 years.  The unlawful activity (defined in this Part as “vehicular unlawful activity”) is an impaired driving offence or other prescribed offence under the Criminal Code (Canada) or an offence of driving with a suspended driver’s licence or other prescribed offences under the Highway Traffic Act, in prescribed circumstances or conditions.

Provision is made to protect the interests of responsible owners who try to prevent their vehicle from being used for unlawful activity.

This new Part also authorizes interlocutory orders for the preservation, impounding, modification or disposition of a vehicle that is the subject of a forfeiture proceeding or an intended forfeiture proceeding.  Among the interlocutory orders available to the court are orders to impound the vehicle, to equip the vehicle with an ignition interlock device or to have the vehicle’s owner or owners agree not to allow anyone whose licence is suspended or has been suspended two or more times in the preceding 10 years as a result of vehicular unlawful activity to operate the vehicle.  As in Parts II and III, this Part provides a mechanism to permit a vehicle that is the subject of an interlocutory order to be used to cover the Crown’s legal expenses and expenses incurred in preserving and dealing with the vehicle.  And, as in Parts II and III, if a vehicle forfeited to the Crown is converted to money, it must be paid into a special purpose account and payments may be made out of the account to compensate persons who suffered pecuniary or non-pecuniary losses as a result of the vehicular unlawful activity and for other specified purposes.

Parts II and III of the Act are amended as follows: to allow for an interlocutory order restraining the encumbrance of property that is the subject of a proceeding or intended proceeding for forfeiture, or its use as collateral; to allow for an interlocutory order that proceeds of sale or disposition of property be paid into court; to extend the life of an interlocutory order made without notice from 10 days to 30 days; to clarify that an instrument of unlawful activity includes property realized from the sale or disposition of property that otherwise falls within the definition; to provide that if property that is the subject of a forfeiture proceeding is modified or sold or otherwise disposed of before the conclusion of the proceeding, the modified property or property realized from the sale or other disposition shall be subject to a forfeiture order or interlocutory order in place of the original property.

Part IV of the Act is amended to extend the life of an interlocutory order made without notice from 10 days to 30 days.

Part V of the Act is amended as follows: a new section 15.5 sets out who is to receive notice of a proceeding for forfeiture or interlocutory motion under Part II, III or III.1 and deems these persons to be parties to the proceedings; new section 15.6 clarifies that all proceedings under Parts II, III and III.1 are proceedings in rem and not in personam, despite the fact that these proceedings do have parties. Section 19 is amended to allow the Director of Asset Management – Civil to enter into agreements to collect, use, disclose or exchange information with other jurisdictions, agencies and public bodies and to allow the Attorney General to collect information that the Ministry of Transportation has obtained through its own information sharing agreements with other jurisdictions, agencies and public bodies.  Under new section 19.1, the Attorney General may conduct forfeiture proceedings pursuant to agreements entered into with other jurisdictions and the section provides that such forfeited property may be delivered to another jurisdiction, retained in Ontario or converted to money and paid into a special purpose account.

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