[37] Bill 22 Royal Assent (PDF)
Bill 22
Bill 221999
An Act in memory of Sergeant Rick McDonald to amend the Highway Traffic Act in respect of suspect apprehension pursuits
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1.(1)Subsections 216 (2), (3) and (4) of the Highway Traffic Act are repealed and the following substituted:
Offence
(2)Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),
(a)to a fine of not less than $1,000 and not more than $10,000;
(b)to imprisonment for a term of not more than six months; or
(c)to both a fine and imprisonment.
Escape by flight
(3)If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit,
(a)the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a);
(b)the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and
(c)the court shall make an order suspending the person's driver's licence,
(i)for a period of five years, unless subclause (ii) applies, or
(ii)for a period of not less than 10 years, if the court is satisfied on the evidence that the person's conduct or the pursuit resulted in the death of or bodily harm to any person.
Lifetime suspension
(4)An order under subclause (3) (c) (ii) may suspend the person's driver's licence for the remainder of the person's life.
Suspension in addition
(4.1)Except in the case of a suspension for the remainder of the person's life, a suspension under clause (3) (c) is in addition to any other period for which the person's licence is suspended and is consecutive to that period.
Notice of suspension
(4.2)Subject to subsection (4.3), in a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: "
The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver's licence shall be suspended for five years."
Same: death or bodily harm
(4.3)In a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit and that the person's conduct or the pursuit resulted in the death of or bodily harm to any person, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: "
The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver's licence shall be suspended for not less than 10 years and that it may be suspended for the remainder of your life."
(2)Subsection 216 (5) of the Act is amended by striking out "subsection (4)" at the end and substituting "subsection (4.2) or (4.3)".
(3)Subsection 216 (6) of the Act is amended by striking out "order of suspension under subsection (3)" in the second line and substituting "order under clause (3) (c)".
(4)Subsection 216 (7) of the Act is amended by striking out "order for suspension" in the second line and substituting "order".
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 Sergeant Rick McDonald Memorial Act (Suspect Apprehension Pursuits), 1999.