Bill 173, Highway Traffic Amendment Act (Keeping Ontario's Roads Safe), 2014

Murray, Hon Glen R. Minister of Transportation

Current Status: Second Reading Debate

Viewing: Original (current version) pdf

Bill 173                                                       2014

An Act to amend the Highway Traffic Act in respect of various matters

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

   1.  The definition of “pedestrian crossover” in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

“pedestrian crossover” means any portion of a roadway distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations; (“passage pour piétons”)

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

Display, possession of suspended licence permitted

   (3.1)  Despite clause (1) (b), a person may display or cause or permit to be displayed or have in his or her possession a driver’s licence that has been suspended under a provision or for a reason under this Act that is prescribed by regulation made under subsection 211 (5).

   3.  (1)  Subsection 41 (1) of the Act is amended by striking out “Subject to subsections 41.1 (1), (2) and (3)” at the beginning of the portion before clause (a).

   (2)  Subsection 41 (1) of the Act is amended by striking out “is thereupon suspended” in the portion before clause (f) and substituting “is thereupon suspended, subject to any continuation under subsection (4.1) or early reinstatement under section 57”.

   (3)  Subsection 41 (4.1) of the Act is repealed and the following substituted:

Suspension continued until conduct review program completed

   (4.1)  The suspension of a person’s driver’s licence under clause (1) (f) or (g) continues beyond the one-year or three-year period of suspension imposed under those clauses until the person has successfully completed any conduct review program under section 57 that he or she has been required to participate in.

Same, transition

   (4.2)  Despite the repeal of section 41.1 under section 4 of the Highway Traffic Amendment Act (Keeping Ontario’s Roads Safe), 2014, the suspension of a driver’s licence that was imposed under subsection 41.1 (3) before its repeal and that was in effect on the day of its repeal is deemed to continue until the holder of the driver’s licence successfully completes any remedial program that he or she was required to participate in under section 41.1 or any conduct review program that he or she was required to participate in under section 57, as the case may be.

Transition, ignition interlock condition

   (4.3)  Despite the repeal of section 41.2 under section 4 of the Highway Traffic Amendment Act (Keeping Ontario’s Roads Safe), 2014, a condition that was imposed on a driver’s licence under subsection 41.2 (1), (5) or (9) before its repeal and that was in effect on the day of its repeal is deemed to continue until the condition is removed or replaced under a conduct review program under section 57.

   4.  Sections 41.1, 41.2 and 41.3 of the Act are repealed.

   5.  Subsection 41.4 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Administrative vehicle impoundment for contravening ignition interlock condition

   (1)  Where a police officer is satisfied that a person was driving a motor vehicle in contravention of a condition imposed on the person’s driver’s licence under a conduct review program under section 57 that prohibits him or her from driving a motor vehicle that is not equipped with an ignition interlock device, the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner,

.     .     .     .     .

   6.  Subsection 48.1 (10) of the Act is repealed and the following substituted:

Duties of officer

   (10)  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 required by the Registrar;

  (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)  provide the licensee with a written statement of the time from which the suspension takes effect, the period of time for which the licence is suspended and the place where the licence may be recovered.

   7.  Subsection 48.2.1 (18) of the Act is repealed and the following substituted:

Duties of officer

   (18)  Every police 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 required by the Registrar;

  (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)  provide the licensee with a written statement of the time from which the suspension takes effect, the period of time for which the licence is suspended and the place where the licence may be recovered.

   8.  (1)  Subsection 50.2 (3) of the Act is amended by adding the following clause:

(b.1) that the driver’s licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then subject to the condition described in paragraph 2 of subsection 55.1 (1);

   (2)  Clause 50.2 (3) (c) of the Act is amended by adding “or subject to the condition described in paragraph 2 of subsection 55.1 (1)” at the end.

   9.  (1)  Subsection 55.1 (1) of the Act is repealed and the following substituted:

Long-term vehicle impoundment for driving while suspended, in contravention of condition

Detention

   (1)  Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway in one of the following circumstances, the officer shall detain the motor vehicle that was being driven by the person:

    1.  While his or her driver’s licence is under suspension under section 41, 42 or 43, even if it is under suspension at the same time for any other reason.

    2.  In contravention of a condition, imposed for a prescribed reason on his or her driver’s licence under a conduct review program under section 57, that prohibits him or her from driving a motor vehicle that is not equipped with an ignition interlock device.

    3.  While his or her driver’s licence is under suspension for a prescribed reason under a conduct review program under section 57, even if it is under suspension at the same time for any other reason.

   (2)  Subsection 55.1 (38) of the Act is amended by adding the following clause:

(f.1)  prescribing reasons for the purpose of paragraphs 2 and 3 of subsection (1);

   (3)  Section 55.1 of the Act is amended by adding the following subsection:

Transition

   (39.1)  For the purposes of paragraph 1 of subsection (1), a driver’s licence suspension that was imposed under section 41.1 before its repeal under section 4 of the Highway Traffic Amendment Act (Keeping Ontario’s Roads Safe), 2014 and that was in effect on the day of its repeal is deemed to be a suspension under section 41.

   10.  Subsection 55.2 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Short-term vehicle impoundment for driving while suspended

   (1)  Where a police officer is satisfied that a person was driving a motor vehicle on a highway while his or her driver’s licence is under suspension (other than under section 32, 41, 42, 43, 46 or 47 or for a reason prescribed under clause 55.1 (38) (f.1)), the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner,

.     .     .     .     .

   11.  (1)  Clause 57 (4) (d) of the Act is repealed and the following substituted:

  (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 programs that require the installation and use of other devices in motor vehicles that may affect the operation of the vehicle and may record and transmit data from the vehicle;

   (2)  Clauses 57 (4) (h), (i) and (j) of the Act are repealed and the following substituted:

  (h)  provide for and govern the suspension, cancellation, reinstatement or change of class of a licence, permit or certificate, and the imposition and removal of any condition, restriction, limitation or endorsement on a licence, permit or certificate, in specified circumstances including for failure to successfully complete a conduct review program or any feature or stage of a conduct review program or as part of an ignition interlock program referred to in subsection 259 (1.1) of the Criminal Code (Canada);

    (i)  require or prohibit the doing of any thing by persons participating in a conduct review program;

   (3)  Section 57 of the Act is amended by adding the following subsections:

Same

   (4.1)  A regulation made under clause (4) (h) may not provide for the reinstatement of a driver’s licence suspended by court order, except for a court order made under subsection 259 (1) of the Criminal Code (Canada).

Same

   (4.2)  A regulation made under clause (4) (h) may not provide for the reinstatement of a suspended drivers licence, except in one of the following circumstances:

    1.  Where the licence is suspended under a conduct review program.

    2.  Where the licence is suspended under subsection 41 (1) for an offence listed in clause 41 (1) (b.1) or (c) and the reinstatement is for the purpose of requiring the holder of the licence to participate in an ignition interlock program.

    3.  Where the licence is suspended for a second subsequent suspension under clause 41 (1) (h) and the suspension has been in effect for at least 10 years before the reinstatement takes effect.

   (4)  Section 57 of the Act is amended by adding the following subsections:

Penalty

   (19)  Every person who contravenes this section, a regulation made under this section or a condition imposed on a driver’s licence under a conduct review program established 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 $1,000.

Penalty — commercial motor vehicle

   (20)  Despite subsection (19), every person who contravenes this section, a regulation made under this section or a condition imposed on a driver’s licence under a conduct review program established under this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000.

   12.  (1)  Subsection 62 (14) of the Act is amended by striking out “Subject to subsections (14.1) and (15)” at the beginning and substituting “Subject to subsections (14.1), (15) and (17.1)”.

   (2)  Subsection 62 (17) of the Act is repealed and the following substituted:

Lights and reflectors on bicycles, etc.

   (17)  When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor-assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be placed on its rear.

Same

   (17.1)  A bicycle may carry a lamp that produces intermittent flashes of red light on its rear at any time, and may do so instead of or in addition to the lighted lamp or reflector required by subsection (17).

   (3)  Subsection 62 (18) of the Act is repealed.

   13.  Section 78 of the Act is amended by adding the following subsection:

Penalty

   (5)  Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $1,000.

   14.  Section 78.1 of the Act is amended by adding the following subsection:

Penalty

   (6.1)  Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $1,000.

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

Powers of police officer re ignition interlock

   79.2  If a police officer determines that the driver’s licence of the driver of a motor vehicle is subject to a condition that prohibits him or her from driving any motor vehicle that is not equipped with an ignition interlock device, the police officer may, without a warrant, stop, enter and inspect the vehicle to determine,

  (a)  whether the vehicle is equipped with such a device; and

  (b)  if the vehicle has the device, whether the device has been tampered with in any manner.

   16.  Clause 82 (13) (b) of the Act is repealed and the following substituted:

  (b)  remove the vehicle inspection sticker or stickers or other type of proof of inspection prescribed by the regulations, or comparable evidence issued by a reciprocating province or territory of Canada or any state of the United States designated by the regulations.

   17.  Clause 82.1 (6) (a) of the Act is repealed and the following substituted:

  (a)  seize the number plates of the vehicle that has the critical defect or defects and remove its vehicle inspection sticker or stickers or other type of proof of inspection prescribed by the regulations, or comparable evidence issued by a reciprocating province or territory of Canada or any state of the United States designated by the regulations; and

   18.  Subsections 85 (1), (2) and (3) of the Act are repealed and the following substituted:

Prohibition where evidence of inspection required

   (1)  No person shall operate or permit to be operated on a highway a vehicle of a type or class prescribed by the regulations made under clause 87 (a) unless,

  (a)  the vehicle displays, affixed in the place and manner prescribed by the regulations, an annual inspection sticker and, if prescribed, a semi-annual inspection sticker; or

  (b)  where permitted by the regulations and in a form prescribed by the regulations, the vehicle has attached to it or is associated with another type of proof of inspection issued by a vehicle inspection centre.

Exception, proof from reciprocating Canadian jurisdiction or state

   (2)  Subsection (1) does not apply to a vehicle where its driver produces evidence that the vehicle was inspected in accordance with the inspection procedures and met the equipment and performance standards of a reciprocating province or territory of Canada or any state of the United States designated by the regulations, subject to any conditions or limitations set out in the regulations.

Removal of plates by officer

   (3)  Where, as required by subsection (1), the sticker or stickers or other type of proof of inspection are not displayed as prescribed by the regulations, a police officer or officer appointed for the purposes of carrying out the provisions of this Act may seize the sticker or stickers or other type of proof of inspection and the number plates of the vehicle.

   19.  Section 86 of the Act is repealed.

   20.  Clauses 87 (a), (b), (c), (d) and (e) of the Act are repealed and the following substituted:

  (a)  governing, for the purposes of section 85, annual inspection stickers and semi-annual inspection stickers and other types of proof of inspection;

  (b)  prescribing the types or classes of vehicles requiring annual inspection stickers or  semi-annual inspection stickers or other types of proof of inspection mentioned in section 85;

   (c)  governing alternative methods of complying with section 85 by employing other types of proof of inspection, including requiring or permitting a method other than displaying annual and semi-annual inspection stickers;

  (d)  designating reciprocating provinces or territories of Canada or states of the United States for the purposes of subsection 85 (2) and setting conditions or limitations on the recognition of evidence of inspection results;

  (e)  prescribing the period of time for which the stickers or other types of proof of inspection referred to in section 85 shall be valid and any conditions for their validity;

   21.  Sections 88 to 100 of the Act are repealed.

   22.  (1)  The Act is amended by adding the following section:

Transition

Regulations

   100.1  (1)  The Minister may make regulations,

  (a)  governing the transition from the motor vehicle inspection station system, as set out in sections 88 to 100, to the vehicle inspection centre system, as set out in sections 100.2 to 100.8;

  (b)  governing, for purposes of transition, the application or the partial application of portions of the vehicle inspection centre system to the motor vehicle inspection station system.

Regulation prevails

   (2)  Where there is a conflict between a regulation made under subsection (1) and the Act, the regulation prevails.

Notice

   (3)  The Ministry may give notice to any person holding a motor vehicle inspection station licence,

  (a)  requiring that the person return to the Ministry any forms or materials received from the Ministry;

  (b)  setting out the time within which the person must return the forms or materials; and

   (c)  requiring the person to retain the records specified in the notice for the period of time specified in the notice.

Same

   (4)  The notice may be served by a method prescribed by a regulation made under subsection (1) and the notice is deemed to be served within the time period prescribed by a regulation made under subsection (1).

Deemed service

   (5)  Where the notice is deemed to be served within the time period prescribed by regulation, it shall be deemed to have been served within that time in the absence of evidence to the contrary.

Compliance

   (6)  A person to whom a notice is given shall comply with the provisions of the notice.

   (2)  Section 100.1 of the Act, as enacted by subsection (1), is repealed.

   23.  The Act is amended by adding the following sections:

Ministry program for the inspection of vehicles and the issuance of certificates

   100.2  (1)  The Minister may establish a program to provide for the inspection of vehicles and the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection.

Director of Vehicle Inspection Standards

   (2)  The Minister may appoint a Director of Vehicle Inspection Standards to administer the program.

Agreements with service providers

   (3)  The Minister may enter into agreements with service providers to assist with the administration of the program.

Agreements to operate vehicle inspection centres

   (4)  The Minister may,

  (a)  enter into agreements that authorize persons to operate vehicle inspection centres under the program; and  

  (b)  authorize one or more service providers to enter into agreements that authorize persons to operate vehicle inspection centres under the program.

Not a Crown agent

   (5)  A vehicle inspection centre is not an agent of the Crown.

Same

   (6)  A service provider is not an agent of the Crown, except as may be provided by the service provider agreement.

Collection, use and disclosure of information

   (7)  A service provider is authorized to collect, use and disclose information, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, for the purpose of providing services under this Act, but the service provider shall exercise this authority solely in accordance with the applicable service provider agreement.

Crown not liable for acts of a vehicle inspection centre or service provider

   100.3  (1)  No action or other proceeding shall be instituted against the Crown, the Minister, the Director of Vehicle Inspection Standards or any other official or employee in the Ministry for any act of a vehicle inspection centre or service provider, or an employee or agent of a vehicle inspection centre or service provider, in the execution or intended execution of a power, duty or responsibility provided for under this Act or for an alleged neglect or default in the execution or intended execution of a power, duty or responsibility provided for under this Act.

Crown not liable for acts done in good faith under this Act

   (2)  No action or other proceeding shall be instituted against the Minister, the Director of Vehicle Inspection Standards or any other official or employee in the Ministry for any act done in good faith in the execution or intended execution of a power or duty under this Act or for any alleged neglect or default in the execution in good faith of a power or duty under this Act.

Exception

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

   24.  The Act is amended by adding the following sections:

Prohibitions

No false statement or inaccurate information

   100.4  (1)  No person shall make a false statement or include inaccurate information or permit the making of a false statement or the including of inaccurate information,

  (a)  in any certificate or sticker or other type of proof of inspection referred to in subsection 100.2 (1); or

  (b)  in any application or other document submitted, directly or indirectly, to the Ministry or provided to a customer.

Registered technicians

   (2)  No person shall determine whether or not a vehicle meets the standards for issuance of a certificate or sticker or other type of proof of inspection other than a technician registered with the Director of Vehicle Inspection Standards.

Accredited vehicle inspection centres

   (3)  No person shall issue, or permit the issuance of, any certificate or sticker or other type of proof of inspection unless,

  (a)  it is issued by a registered technician after an inspection conducted in accordance with the inspection procedures that are prescribed by regulation or set out in a directive issued under section 100.7 in a vehicle inspection centre accredited by the Director of Vehicle Inspection Standards; and

  (b)  the vehicle meets the equipment and performance standards that are prescribed by regulation or set out in a directive issued under section 100.7.

Provided or approved forms

   (4)  No person shall use any form or type of certificate or sticker or other type of proof of inspection other than a form, type or proof provided by or approved by the Ministry.

Inspectors

   100.5  (1)  The Director of Vehicle Inspection Standards may appoint, in writing, one or more persons as vehicle inspection standards inspectors.

Certificate of appointment

   (2)  The Director shall issue every vehicle inspection standards inspector a certificate of appointment and every inspector who is acting in the execution of his or her duties shall produce his or her certificate of appointment upon request.

Admissibility of copies

   (3)  A copy of any record of a vehicle inspection centre that purports to be certified by a vehicle inspection standards inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.

Obstruction

   (4)  No person shall obstruct a vehicle inspection standards inspector or withhold, destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of carrying out his or her duties.

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

Offences

   100.6  (1)  Any person who contravenes subsection 100.1 (6), section 100.4 or subsection 100.5 (4) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 or to imprisonment for a term of not more than 30 days, or to both.

Limitation period

   (2)  No proceeding for an offence under this section may be instituted more than two years after the facts on which the proceeding is based are alleged to have occurred.

Report on conviction to Director

   (3)  A provincial judge or justice of the peace who makes a conviction for an offence under this section or any regulation made under it, or the clerk of the court in which the conviction is made, shall forthwith certify the conviction to the Director of Vehicle Inspection Standards setting out the name, address and description of the person convicted and the provision contravened under this Act.

   26.  The Act is amended by adding the following sections:

Directives

   100.7  (1)  The Director of Vehicle Inspection Standards may make directives,

  (a)  governing the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection;

  (b)  governing inspection procedures; and

   (c)  governing equipment and performance standards that must be met before a certificate, sticker or other proof of inspection mentioned in clause (a) may be issued.

Same

   (2)  A directive may be general or particular in its application, and may provide for different classes or categories.

Public availability

   (3)  Every directive,

  (a)  shall be made available to the public on request; and

  (b)  shall be publicly posted on at least one Government of Ontario website.

Status

   (4)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives.

Term of agreement

   (5)  It shall be deemed to be a term and condition of every agreement to operate a vehicle inspection centre that the operator shall comply with all applicable directives.

Admissibility of copies

   (6)  A copy of a directive or a portion of a directive that purports to be certified by the Director or by an inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the directive or any portion of it.

Regulations

   100.8  (1)  The Minister may make regulations,

  (a)  governing the payment of fees to the Ministry for anything done by or on behalf of the Minister or the Director of Vehicle Inspection Standards or for any purpose under sections 100.2 to 100.5 and this section;

  (b)  establishing qualifications and requirements for vehicle inspection centres;

   (c)  establishing qualifications and requirements for vehicle inspection centre technicians;

  (d)  providing procedures by which the Director of Vehicle Inspection Standards may,

           (i)  refuse to accredit a person as a vehicle inspection centre, or

          (ii)  register a person as a vehicle inspection centre technician or refuse to renew or revoke the person’s registration;

  (e)  governing,

           (i)  the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection,

          (ii)  inspection procedures, and

         (iii)  equipment and performance standards that must be met before a certificate, sticker or other proof of inspection mentioned in subclause (i) may be issued;

   (f)  defining any term used in sections 100.2 to 100.7.

Amendments to adopted documents

   (2)  If a regulation made under clause (1) (e) adopts a document by reference, the regulation may adopt the document as it may be amended from time to time.

When adoption of amendment effective

   (3)  The adoption of an amendment of a document that has been adopted by reference comes into effect upon the amended document being posted on a Government of Ontario website.

   27.  (1)  Subsection 104 (1) of the Act is amended by striking out “No person shall ride on or operate a motorcycle” at the beginning and substituting “No person shall ride or operate a motorcycle”.

   (2)  Subsection 104 (2.1) of the Act is amended by striking out “no person shall ride on or operate a bicycle” and substituting “no person shall ride or operate a bicycle”.

   (3)  Subsection 104 (2.2) of the Act is amended by striking out “that person to ride on or operate a bicycle” and substituting “that person to ride a bicycle”.

   28.  Subsection 109 (7.1) of the Act is amended by striking out “25 metres” at the end and substituting “27.5 metres”.

   29.  (1)  Section 133 of the Act is amended by adding the following definition:

“bicycle traffic control signal” means a traffic control signal where the coloured lenses each display a prescribed bicycle symbol; (“signalisation de la circulation pour bicyclettes”)

   (2)  The definition of “traffic control signal” in section 133 of the Act is amended by adding “and includes a bicycle traffic control signal” at the end.

   30.  (1)  Subsections 140 (1) and (2) of the Act are repealed and the following substituted:

Pedestrian crossover

Duties of driver

   (1)  When a pedestrian is crossing on the roadway within a pedestrian crossover, the driver of a vehicle approaching the crossover,

  (a)  shall stop before entering the crossover;

  (b)  shall not overtake another vehicle already stopped at the crossover; and

   (c)  shall not proceed into the crossover until the pedestrian is no longer on the roadway.

   (2)  Subsections 140 (3), (4) and (6) of the Act are repealed and the following substituted:

Passing moving vehicles within 30 metres of pedestrian crossover

   (3)  When a vehicle is approaching a pedestrian crossover and is within 30 metres of it, the driver of any other vehicle approaching from the rear shall not allow the front extremity of his or her vehicle to pass beyond the front extremity of the other vehicle.

Duty of pedestrian

   (4)  No pedestrian shall leave the curb or other place of safety at a pedestrian crossover and walk, run or move into the path of a vehicle that is so close that it is impracticable for the driver of the vehicle to comply with subsection (1).

.     .     .     .     .

Riding in pedestrian crossover prohibited

   (6)  No person shall ride or operate a bicycle across a roadway within a pedestrian crossover.

   (3)  Subsection 140 (7) of the Act is amended by striking out “subsection (1), (2) or (3)” and substituting “subsection (1) or (3)”.

   (4)  Section 140 of the Act is amended by adding the following subsections:

Regulations

   (8)  The Minister may make regulations respecting pedestrian crossovers,

  (a)  providing for the erection of signs on any highway or any type or class of highway and the placing of markings on the roadway;

  (b)  prescribing the types of signs and markings and the location on the highway and roadway of each type of sign and marking;

   (c)  prohibiting the use or erection of any sign or type of sign that is not prescribed.

Definitions

   (9)  In this section,

“pedestrian” includes a person in a wheelchair; (“piéton”)

“vehicle” includes a street car. (“véhicule”)

   31.  (1)  Subsection 144 (10) of the Act is repealed and the following substituted:

Obeying lane lights

   (10)  Every driver shall obey every traffic control signal that applies to the lane that he or she is in and, for greater certainty, where both a traffic control signal that is not a bicycle traffic control signal and a bicycle traffic control signal apply to the same lane,

  (a)  a person riding or operating a bicycle in that lane shall obey the bicycle traffic control signal; and

  (b)  a person driving a vehicle other than a bicycle in that lane shall obey the traffic control signal that is not a bicycle traffic control signal. 

   (2)  Subsection 144 (29) of the Act is repealed and the following substituted:

Riding in crosswalks prohibited

   (29)  No person shall ride or operate a bicycle across a roadway within a crosswalk at an intersection or at a location, other than an intersection, which is controlled by a traffic control signal system.

   (3)  Subsection 144 (32) of the Act is amended by adding the following clause:

  (e)  prescribing a bicycle symbol for bicycle traffic control signals.

   32.  Subsection 147 (2) of the Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

  (d)  bicycle in a lane designated under subsection 153 (2) for travel in the opposite direction of traffic.

   33.  Section 148 of the Act is amended by adding the following subsections:

Same

   (6.1)  Every person in charge of a motor vehicle on a highway who is overtaking a person travelling on a bicycle shall, as nearly as may be practicable, leave a distance of not less than one metre between the bicycle and the motor vehicle and shall maintain that distance until safely past the bicycle.

Same

   (6.2)  The one metre distance required by subsection (6.1) refers to the distance between the extreme right side of the motor vehicle and the extreme left side of the bicycle, including all projections and attachments.

   34.  Subsection 151 (5) of the Act is repealed and the following substituted:

Non-authorized use of paved shoulder prohibited

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

   35.  Section 153 of the Act is amended by adding the following subsections:

Exception — bicycle lanes

   (2)  A lane on a highway designated for the use of one-way traffic only may be designated for the use of bicycle traffic in the opposite direction and, despite subsection (1), where such a designation is made, a person riding or operating a bicycle in that lane shall travel only in the direction designated for that lane.

Same

   (3)  The designation of a lane for bicycle traffic is not effective until official signs have been erected and the lane has been marked accordingly.

   36.  Clause 154 (1) (a) of the Act is repealed and the following substituted:

  (a)  a vehicle shall not be driven from one lane to another lane or to the shoulder or from the shoulder to a lane unless the driver first ascertains that it can be done safely;

   37.  Subsection 156 (2) of the Act is repealed and the following substituted:

Exception — road service vehicles

   (2)  Despite clause (1) (a), a road service vehicle may be operated or driven on the shoulder of the highway if the vehicle remains on its side of the separation.

Same — bicycles

   (3)  Despite clause (1) (a), a bicycle may be ridden or operated on the paved shoulder of the highway if the bicycle remains on its side of the separation.

   38.  Subsections 159 (2), (3) and (5) of the Act are repealed and the following substituted:

Slow down on approaching stopped emergency vehicle or tow truck

   (2)  Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on and the conditions of the highway and the weather, to ensure that the driver does not collide with the emergency vehicle or tow truck or endanger any person outside of the emergency vehicle or tow truck.

Same

   (3)  Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle or tow truck is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle or tow truck is stopped in or in a lane that is adjacent to the emergency vehicle or tow truck, in addition to slowing down and proceeding with caution as required by subsection (2), shall move into another lane if the movement can be made safely.

.     .     .     .     .

Stop on approaching emergency vehicle or tow truck

   (5)  Nothing in subsection (2) or (3) prevents a driver from stopping his or her vehicle and not passing the stopped emergency vehicle or tow truck if stopping can be done safely and is not otherwise prohibited by law.

   39.  Section 160 of the Act is repealed and the following substituted:

Towing of persons on bicycles, toboggans, etc., prohibited

   160.  No driver of a vehicle or street car shall permit any person riding, riding on or operating a bicycle, coaster, toboggan, sled, skateboard, toy vehicle or any other type of conveyance or wearing roller skates, in-line skates or skis to attach the same, himself or herself to the vehicle or street car on a highway.

   40.  Section 165 of the Act is amended by adding the following subsection:

Penalty

   (2)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $1,000.

   41.  (1)  Subsection 175 (3) of the Act is amended by striking out “No bus” at the beginning and substituting “No part of a bus”.

   (2)  Section 175 of the Act is amended by adding the following subsection:

Same

   (3.1)  If all or part of a bus registered in Ontario is painted chrome yellow, the bus shall also display on its front and rear the words “school bus” and on its rear the words “do not pass when signals flashing”.

   (3)  Subsection 175 (5) of the Act is repealed and the following substituted:

Driving motor vehicle, subss. (3), (3.1) and (4)

   (5)  No person shall drive or operate a motor vehicle on a highway that contravenes subsection (3), (3.1) or (4).

   42.  Subsection 176 (3) of the Act is amended by striking out “the half of the roadway upon which the vehicle or street car is travelling” and substituting “the roadway”.

   43.  (1)  Subsection 178 (1) of the Act is repealed and the following substituted:

Clinging to vehicles, bicycle passengers, etc.

Bicycle riders, etc., clinging to vehicles

   (1)  A person riding, riding on or operating a motor assisted bicycle, bicycle, coaster,  toboggan, sled, skateboard, toy vehicle or any other type of conveyance or wearing roller skates, in-line skates or skis shall not attach it, them, himself or herself to a vehicle or street car on a highway.

   (2)  Subsection 178 (2) of the Act is amended by striking out “No person riding on a bicycle” at the beginning and substituting “No person riding or operating a bicycle”.

   (3)  Subsection 178 (4) of the Act is amended by striking out “the roadway” at the end and substituting “the highway”.

   44.  (1)  Subsections 199.1 (11), (12), (13), (14) and (15) of the Act are repealed and the following substituted:

Same, classification from another jurisdiction

   (11)  If a vehicle has a classification equivalent to irreparable or salvage from a jurisdiction that is specified in the regulations, the Registrar shall classify the vehicle in the vehicle permit records as irreparable or as salvage.

Submissions re classification

   (12)  A person who held the vehicle portion of the permit for the vehicle at the time of the event that led to the vehicle’s classification under subsection (10) and who continues to hold the vehicle portion of the permit may make written submissions about the action taken by the Registrar under subsection (10).

Appointment of reviewer

   (12.1)  The Registrar may appoint a person as a reviewer to consider any submissions made under subsection (12).

Requirements for submissions

   (13)  The submissions must be made within the prescribed period, must indicate the reasons why the Registrar’s action should be changed and must be accompanied by the fee required by the reviewer.

Written hearing

   (14)  The reviewer shall consider the submissions, but shall not hold an oral hearing into the matter, and the Registrar’s action under subsection (10) is not stayed by reason of the submissions being made.

Outcome

   (15)  After considering the submissions, the reviewer may confirm the Registrar’s action or direct the Registrar to change his or her action taken under subsection (10) and shall notify the person who made the submissions.  The reviewer’s decision under this subsection is final.

   (2)  Subsection 199.1 (27) of the Act is amended by adding the following clause:

(c.1) governing the fee that a reviewer can require under subsection (13);

   45.  Sections 203 and 204 of the Act are repealed and the following substituted:

Medical reports

Mandatory reports

   203.  (1)  Every prescribed person shall report to the Registrar every person who is at least 16 years old who, in the opinion of the prescribed person, has or appears to have a medical condition, functional impairment or visual impairment that is identified as a medical condition, functional impairment or visual impairment that must be reported to the Registrar under this section in a prescribed code, standard or other publication, or a part thereof, that was prepared by the Canadian Council of Motor Transport Administrators or by the governing college of a health profession referred to in Schedule 1 to the Regulated Health Professions Act, 1991.

Discretionary reports

   (2)  A prescribed person may report to the Registrar a person who is at least 16 years old who, in the opinion of the prescribed person, has or appears to have a medical condition, functional impairment or visual impairment that may make it dangerous for the person to operate a motor vehicle.

Authority to make discretionary report prevails over duty of confidentiality

   (3)  The authority to make a report under subsection (2) prevails over any duty of confidentiality imposed on the prescribed person by or under any other Act or by a standard of practice or rule of professional conduct that would otherwise preclude him or her from providing the information described in that subsection to the Registrar.

Required to meet the person

   (4)  Subsections (1) and (2) only apply if the prescribed person actually met the reported person for an examination or for the provision of medical or other services, or in the circumstances prescribed by regulation.

Authority to make discretionary report is not a duty

   (5)  Subsections (2) and (3) do not impose a duty on a prescribed person to report to the Registrar.

General rules respecting medical reports

Contents

   204.  (1)  A report required or authorized by section 203 must be submitted in the form and manner specified by the Registrar and must include,

  (a)  the name, address and date of birth of the reported person;

  (b)  the condition or impairment diagnosed or identified by the person making the report, and a brief description of the condition or impairment; and

   (c)  any other information requested by the form.

No liability for compliance

   (2)  No action or other proceeding shall be brought against a prescribed person required or authorized to make a report under section 203 for making such a report or for reporting to the Registrar in good faith with the intention of reporting under that section. 

Reports privileged

   (3)  A report made under section 203, or made to the Registrar in good faith with the intention of reporting under that section, is privileged for the information of the Registrar only and shall not be open to public inspection.

Regulations

   (4)  The Lieutenant Governor in Council may make regulations governing reports made under section 203, including regulations,

  (a)  prescribing persons for the purpose of subsection 203 (1) or (2);

  (b)  prescribing codes, standards or other publications, or parts thereof, prepared by the Canadian Council of Motor Transport Administrators or by the governing college of a health profession referred to in Schedule 1 to the Regulated Health Professions Act, 1991, that identify medical conditions, functional impairments or visual impairments for the purpose of subsection 203 (1);

   (c)  prescribing circumstances for the purpose of subsection 203 (4).

   46.  (1)  Subsection 211 (2) of the Act is repealed and the following substituted:

Return of suspended driver’s licence to Registrar

   (2)  Subject to subsections (3) and (4), a person whose driver’s licence is suspended shall immediately forward the driver’s licence to the Registrar.

   (2)  Section 211 of the Act is amended by adding the following subsections:

Exception

   (4)  Subsection (2) does not apply to a person whose driver’s licence is suspended under a provision or for a reason under this Act that is prescribed by regulation made under subsection (5).

Regulations

   (5)  The Minister may make regulations prescribing provisions and reasons under this Act for the purpose of subsection (4).

   47.  Subsection 212 (1) of the Act is repealed and the following substituted:

Police officer may secure possession of suspended licence

   (1)  Where a person who is required by section 211 to immediately forward his or her suspended driver’s licence to the Registrar refuses or fails to do so, any police officer may take possession of the licence and return it to the Registrar and the Registrar may direct any police officer to take possession of the licence and return it to the Registrar.

Commencement

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

Same

   (2)  Sections 1 to 11, subsection 12 (3), sections 13 to 26, 28 to 30, subsections 31 (1) and (3), sections 33, 38, 40, 42 and 44 to 47 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   49.  The short title of this Act is the Highway Traffic Amendment Act (Keeping Ontario’s Roads Safe), 2014.

 

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act in respect of various matters. 

Impaired Driving

Amendments to section 41 of the Act provide that the suspension of a driver’s licence on conviction for various Criminal Code and other offences may be shortened or continued if the person participates or fails to participate in a conduct review program.

Subsection 41 (4.1), which provides for early reinstatement of a suspended driver’s licence if the driver participates in an ignition interlock program, and sections 41.1, 41.2 and 41.3 of the Act, which provide for assessments and remedial programs, including ignition interlock programs, are repealed. The current section 57 of the Act, which allows for the establishment of conduct review programs by regulation, is expanded to take their place.  Consequential amendments are made to other sections to refer to the programs under section 57, instead of those under sections 41.1 and 41.2. 

Current section 55.1 of the Act provides for the long-term impoundment (45 days, 90 days or 180 days) of a motor vehicle if the driver’s licence is suspended for various convictions under the Criminal Code.  Section 55.1 is amended to provide for the same impoundment in the following additional circumstances: if the driver contravenes an ignition interlock condition imposed on his or her licence under a conduct review program for a prescribed reason; if the driver’s licence is suspended under a conduct review program for a prescribed reason.

Sections 48.1 and 48.2.1 of the Act are amended to require police officers to notify the Registrar of Motor Vehicles of any 24-hour administrative driver’s licence suspensions imposed on novice drivers and young drivers under those sections.

Bicycling

Section 62 of the Act is amended to permit bicycles to carry a flashing red lamp on their rear; this may be in addition to or instead of the red light or reflector on their rear that is currently required.  Subsection 62 (18) of the Act, which imposes a $20 fine for contravening the requirements for lights and reflectors on bicycles, is repealed.

Section 144 of the Act is amended to allow for traffic control signals that are specific to bicyclists.  In locations where there are both bicycle traffic control signals and regular traffic control signals, bicyclists will be required to obey the bicycle traffic control signals.

Subsection 144 (29) of the Act is amended to remove the prohibition against riding or operating a bicycle along a crosswalk.

Section 148 of the Act is amended to require the driver of a motor vehicle overtaking a bicycle to maintain a distance of at least one metre between the vehicle and bicycle.

Current section 153 of the Act provides that vehicles and street cars must be driven only in one direction on one-way streets.  This is amended to allow for the designation of a bicycle lane on one-way streets that goes in the opposite direction.  A consequential amendment is made to subsection 147 (2) of the Act.

Section 156 of the Act is amended to permit bicycles to be ridden or operated on the paved shoulder of a highway that is divided into two separate roadways.

Inconsistent terminology is currently used throughout the Act to describe bicycling:  riding, riding on and operating are used in reference to bicycles (including power-assisted bicycles), and driving, in reference to a vehicle, also includes bicycling.  A number of provisions are amended so that they consistently use “ride or operate” in reference to a bicycle or, where the bicycle in the provision does not include a power-assisted bicycle, “ride”.  The usage of “drive” in reference to vehicles, which includes bicycles, is unchanged.

Pedestrian Safety

Sections 140 and 176 of the Act are amended to require drivers to remain stopped at a pedestrian crossover or school crossing until the person crossing the street and the school crossing guard are off the roadway.  The current Act allows drivers to proceed once the person crossing and the school crossing guard are no longer on the driver’s half of the roadway.

Other amendments to section 140 of the Act consolidate the duties of drivers and pedestrians at pedestrian crossovers:  drivers must stop before entering the crossover and not overtake another vehicle already stopped at the crossover; pedestrians (which includes persons in wheelchairs) must not enter a crossover and into the path of a vehicle or street car that is so close that the driver cannot stop.

In new subsection 140 (8), the Minister of Transportation is authorized to make regulations respecting pedestrian crossovers, including prescribing signs and markings.

The definition of “pedestrian crossover” in subsection 1 (1) of the Act is amended to remove the requirement that it be designated by a municipal by-law.

Medical Reports

Sections 203 and 204 of the Act currently require doctors and optometrists to report to the Registrar of Motor Vehicles the name, address and clinical condition of every person 16 years old or older who, in the opinion of the doctor or optometrist, suffers from a condition that may make it dangerous for the person to drive. 

Sections 203 and 204 are re-enacted.  Rather than imposing obligations on doctors and optometrists, the re-enacted provisions apply to persons to be prescribed by regulation.  The prescribed persons will be required to make a mandatory report if a person has or appears to have a medical condition, functional impairment or visual impairment identified in a prescribed publication.  In addition, a prescribed person may make a discretionary report if a person has a medical condition, functional impairment or visual impairment that the prescribed person believes may make it dangerous for the person to drive. 

Vehicle Inspection Centre System

Current sections 88 to 100 of the Act, which deal with motor vehicle inspection stations and related matters, are repealed.  They are replaced with sections 100.2 to 100.8, which create a new vehicle inspection centre system.  Section 100.1 allows the Minister of Transportation to make transition regulations to facilitate the implementation of the vehicle inspection centre system. 

Under new section 100.2, the Minister may establish a program for the inspection of vehicles and the issuance of certificates and stickers and other types of proof of inspection and may appoint a Director of Vehicle Inspection Standards to administer the program.  The Minister may enter into agreements with service providers to assist in operating the program.  The Minister may also enter into agreements to authorize persons to operate vehicle inspection centres and to authorize service providers to enter into such agreements.

The Director of Vehicle Inspection Standards is given broad authority to issue directives governing certificates, inspection procedures and requirements and equipment and performance standards under section 100.7.  It is a deemed term and condition of every agreement to operate a vehicle inspection centre to comply with all applicable directives.

Miscellaneous

The penalties for contravening sections 78 and 78.1 of the Act, which prohibit display screens and hand-held devices, respectively, are increased to a fine of between $300 and $1,000.

Current section 85 of the Act requires that vehicles display a device affixed to them as evidence that the vehicle complies with inspection requirements and performance standards.  Section 85 is amended to require vehicles to display an annual inspection sticker and a semi-annual inspection sticker (if it is prescribed), or other prescribed proof of inspection instead.

Section 165 of the Act prohibits unsafe practices respecting opening the door of a motor vehicle. Currently, the general penalty in section 214 of the Act, which imposes a fine of between $60 and $500, applies to contraventions of this section.  The section is amended to provide that the penalty on conviction is a fine between $300 and $1,000.

Currently, subsection 109 (7.1) of the Act allows certain prescribed combinations of vehicles to have a maximum length of 25 metres.  This is amended to allow a maximum length of 27.5 metres.

Current subsection 151 (5) of the Act prohibits driving on the paved shoulder of any part of the King’s Highway except in accordance with section 151 and a regulation made under it.  This is amended to apply only to parts of the King’s Highway that are designated.

Clause 154 (1) (a) of the Act is re-enacted to provide that a vehicle not be driven from one lane to another lane or to the shoulder, or from the shoulder to a lane, unless the driver first ascertains that it can be done safely.

Current section 159 of the Act requires drivers to slow down and move into another lane when approaching a stopped emergency vehicle with its red or red and blue lights flashing.  Section 159 is amended to require drivers to do the same for a tow truck stopped with its amber lights flashing.

Sections 160 and 178 of the Act, which prohibit persons from attaching themselves to and being towed by a vehicle or street car on a highway while riding or operating various devices (bicycles, toboggans, roller skates, etc.), are amended to include skateboards, in-line skates and any other type of conveyance.

Section 175 of the Act is amended to provide, in new subsection (3.1), that a bus that is painted chrome yellow must also have all the other markings of a school bus.

Current section 199.1 of the Act deals with vehicles classified as irreparable, rebuilt and salvage.  The section is amended as follows:  the Registrar is required, rather than merely empowered, to classify a vehicle as irreparable or salvage where the vehicle is classified as the equivalent to irreparable or salvage by a jurisdiction specified in the regulations; the right to make a submission respecting a classification is limited to the person who held the vehicle portion of the permit at the time of the event that led to the vehicle’s classification and who continues to hold it; the Registrar may appoint a reviewer to consider the submissions; and the submissions must be accompanied by a fee required by the reviewer. 

Current section 211 of the Act requires that all suspended driver’s licences be returned immediately to the Registrar of Motor Vehicles.  This is amended so that a licence need not be returned if it is suspended under a provision specified by regulation.  Consequential amendments are made to sections 35 and 212.

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