Bill 24

Bill 241999

An Act to amend the Highway Traffic Act to protect children while on school buses

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

1.(1)If, on the day this Act comes into force, neither subsection 5 (1) nor subsection 5 (3) of the Red Light Cameras Pilot Projects Act, 1998, being chapter 38, is not in force,

(a)clause 207 (2) (b) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 2, is amended by striking out "175"\; and

(b)clause 207 (2) (b) of the Highway Traffic Act, as set out in both subsections 5 (1) and (3) of the Red Light Cameras Pilot Projects Act, 1998, is amended by striking out "175" in each case.

(2)If, on the day this Act comes into force, subsection 5 (1) of the Red Light Cameras Pilot Projects Act, 1998, being chapter 38, is in force,

(a)clause 207 (2) (b) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1998, chapter 38, section 5, is amended by striking out "175"\; and

(b)clause 207 (2) (b) of the Highway Traffic Act, as set out in subsection 5 (3) of the Red Light Cameras Pilot Projects Act, 1998, is amended by striking out "175".

(3)Section 207 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2 and 1998, chapter 38, section 5, is further amended by adding the following subsections:

Owner convicted under subs. 175 (17)

(9)Despite subsection 175 (17), the owner of a vehicle convicted under that subsection is liable,

(a)on a first conviction, to a fine of not less than $1,000 and not more than $2,000; and

(b)on a subsequent conviction, to a fine of not less than $2,000 and not more than $3,000.

Application

(10)Subsection (9) does not apply where the owner of the motor vehicle is also the driver who contravened subsection 175 (17).

Same

(11)An owner of a vehicle convicted under subsection 175 (17) shall not be liable to imprisonment, a probation order under subsection 72 (1) of the Provincial Offences Act or a driver's licence suspension as a result of the conviction or as a result of default in payment of a fine resulting from that conviction.

Limitation

(12)The owner of a vehicle shall not be convicted under this section of an offence under subsection 175 (17) if,

(a)the owner was not driving the vehicle at the time the offence was committed; and

(b)the driver of the vehicle has been identified to the police by the owner.

Commencement

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

Short title

3.The short title of this Act is the Protection of Children on School Buses Act, 1999.

EXPLANATORY NOTE

The Bill imposes liability on the owner of a vehicle that fails to stop for a school bus that has its overhead red signal lights flashing.