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[36] Bill 4 Original (PDF)

B004_E

Bill 4 1998

An Act to amend the Highway Traffic Act with respect to the drivers' licences of certain school pupils

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

1. (1) Section 32 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2 and 1996, chapter 20, section 3, is further amended by adding the following subsections:

Certain pupils disqualified

(5.1) Despite the regulations, an applicant for a driver's licence who is a pupil enrolled in a school within the meaning of the Education Act and who has been convicted or found guilty of an offence under the Food and Drugs Act (Canada), the Narcotic Control Act (Canada), any of sections 214 to 288 of the Criminal Code (Canada) or subsection 30 (8) of the Liquor Licence Act, other than an offence prescribed by the regulations, is not entitled to the licence until,

(a) at least one year has passed since the conviction or the guilty finding, as the case may be, if the applicant was convicted or found guilty on the basis of conduct while more than 500 metres from the boundaries of the school; or

(b) at least two years have passed since the conviction or the guilty finding, as the case may be, if the applicant was convicted or found guilty on the basis of conduct while 500 metres or less from the boundaries of the school.

Disqualification for non-attendance at school

(5.2) Despite the regulations, if, in any year that an applicant for a driver's licence was or is enrolled in a school within the meaning of the Education Act, the applicant has not achieved an attendance record of at least 98 per cent, other than absences authorized by the school, the applicant is not entitled to the licence until reaching the age of 16 years plus one year for each year in which the applicant has not achieved the required attendance record.

(2) Subsection 32 (14) of the Act is amended by adding the following clause:

(i) prescribing offences under an Act of the Legislature or Canada for the purpose of subsection (5.1).

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

Suspension for certain pupils

41.2 (1) The driver's licence of a pupil enrolled in a school within the meaning of the Education Act is suspended for one year if the pupil is convicted or found guilty of an offence under the Food and Drugs Act (Canada), the Narcotic Control Act (Canada), any of sections 214 to 288 of the Criminal Code (Canada) or subsection 30 (8) of the Liquor Licence Act, other than an offence prescribed by the regulations, on the basis of conduct while more than 500 metres from the boundaries of the school.

Same, two years

(2) The driver's licence of a pupil enrolled in a school within the meaning of the Education Act is suspended for two years if the pupil is convicted or found guilty of an offence under the Food and Drugs Act (Canada), the Narcotic Control Act (Canada), any of sections 214 to 288 of the Criminal Code (Canada) or subsection 30 (8) of the Liquor Licence Act, other than an offence prescribed by the regulations, on the basis of conduct while 500 metres or less from the boundaries of the school.

Regulations

(3) The Lieutenant Governor in Council may make regulations prescribing offences under an Act of the Legislature or Canada for the purpose of subsection (1) or (2).

Suspension for non-attendance at school

(4) The driver's licence of a person is suspended for one year for each year in which the holder of the licence was or is enrolled in a school within the meaning of the Education Act and has not achieved an attendance record of at least 98 per cent, other than absences authorized by the school.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the Highway Traffic Amendment Act (Drivers' Licences of certain School Pupils), 1998.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.