36:2 Bill 26, Highway Traffic Amendment Act (Community Safety Zones), 1998

Flaherty, Hon Jim Interim Solicitor General and Minister of Correctional Services

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B026_E

Bill 26 1998

An Act to promote public safety through the creation of community safety zones

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

1. The Highway Traffic Act is amended by adding the following section:

Community safety zone designated on municipal highways

214.1 (1) The council of a municipality may by by-law designate a part of a highway under its jurisdiction as a community safety zone if, in the council's opinion, public safety is of special concern on that part of the highway.

Community safety zone designated on non-municipal highways

(2) The Solicitor General and Minister of Correctional Services may by regulation designate a part of a provincial highway or of any highway that is not under the jurisdiction of a municipality as a community safety zone if, in his or her opinion, public safety is of special concern on that part of the highway.

When designation is in effect

(3) A by-law or regulation designating a community safety zone shall specify the hours, days and months when the designation is in effect.

Signs

(4) The municipality or the Solicitor General and Minister of Correctional Services, as the case may be, shall ensure that signs denoting a community safety zone are erected in accordance with the regulations.

Designation not effective until signs are erected

(5) No by-law or regulation made under this section becomes effective until signs are erected, in accordance with this Act and the regulations, on the designated part of the highway.

Penalty for speeding in community safety zone

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

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

(b) is 20 kilometres per hour or more but less than 35 kilometres per hour over the maximum speed limit, to a fine of double the fine set out in clause 128 (14) (b) for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;

(c) is 35 kilometres per hour or more but less than 50 kilometres per hour over the maximum speed limit, to a fine of double the fine set out in clause 128 (14) (c) for each kilometre per hour that the motor vehicle was driven over the maximum speed limit; and

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

Penalty for careless driving or racing in community safety zone

(7) Every person who commits an offence under section 130 or 172 in a community safety zone when it is in effect is liable, on conviction, not to the penalty set out in those sections, but to a fine of not less than double the minimum fine set out in those sections and not more than the maximum fine set out in those sections or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years.

Penalty for other offences in community safety zone

(8) Every person who commits an offence in contravention of any of sections 132 to 164, inclusive (except subsections 140 (4) and (6) and subsections 144 (22) to (29), inclusive), section 166, 167, 168 or 169, subsection 176 (3) or section 182 in a community safety zone when it is in effect is liable, on conviction, not to the penalty otherwise applicable, but to a fine of not less than double the minimum fine otherwise applicable and not more than the maximum fine otherwise applicable.

Commencement

2. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

3. The short title of this Act is the Highway Traffic Amendment Act (Community Safety Zones), 1998.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

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