[37] Bill 159 Original (PDF)
Bill 159 2001
An Act to amend
the Highway Traffic Act
with respect to
passenger vehicles
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 7 (10) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1992, chapter 20, section 2 and amended by 1993, chapter 31, section 2, is further amended by inserting "or a fine imposed on conviction of an offence under section 40.1" after "parking infraction".
(2) Subsection 7 (11) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 20, section 2 and amended by 1993, chapter 31, section 2, is further amended by inserting "or a fine imposed on conviction of an offence under section 40.1" after "parking infraction".
2. The Act is amended by adding the following section:
Conveyance or pick-up of passengers prohibited
40.1 (1) Unless all of the conditions set out in subsection (2) have been met, no driver of a motor vehicle shall, and no owner or lessee of a motor vehicle shall permit a driver to,
(a) convey passengers anywhere in Ontario in the motor vehicle for compensation; or
(b) pick up passengers anywhere in Ontario for the purpose of conveying them somewhere in the motor vehicle for compensation.
Conditions
(2) The conditions referred to in subsection (1) are the following:
1. The driver of the motor vehicle and its owner or lessee must be licensed under a by-law passed by the council of any local municipality under paragraph 1 of section 232 of the Municipal Act to convey passengers somewhere for compensation.
2. The licences referred to in paragraph 1 must be displayed in or on the motor vehicle.
Exception
(3) This section does not apply to a public vehicle, as defined in the Public Vehicles Act, operated under an operating licence issued under that Act.
Right of occupier of premises
(4) Nothing in this section derogates from the right of an occupier of premises to prohibit a driver of a motor vehicle who does not have a permit, licence or other authorization from the occupier of the premises from picking up passengers on the premises for the purpose of conveying them somewhere in the motor vehicle for compensation and, if the conditions set out in subsection (2) have been met but the permit, licence or other authorization required by the occupier of the premises has not been obtained, this section does not authorize the picking up of passengers on the premises for the purpose of conveying them somewhere in the motor vehicle for compensation.
Offence and penalty
(5) Every person who contravenes this section is guilty of an offence and, on conviction, is liable,
(a) on a first conviction, to a fine of not less than $305 and not more than $5,000; and
(b) on each subsequent conviction, to a fine of not less than $500 and not more than $5,000.
Subsequent conviction within 10-year period
(6) A conviction of an offence under this section more than 10 years after a previous conviction of an offence under this section is not a subsequent conviction for the purpose of clause (5) (b).
Same
(7) In determining whether a conviction is a subsequent conviction for the purpose of clause (5) (b), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
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 (Passenger Vehicles), 2001.
EXPLANATORY NOTE
The Bill makes it a provincial offence under the Highway Traffic Act to convey passengers anywhere in Ontario in a motor vehicle for compensation, or to pick up passengers anywhere in Ontario for the purpose of conveying them somewhere in a motor vehicle for compensation, unless the driver of the motor vehicle and its owner or lessee are licensed under a municipal by-law passed under paragraph 1 of section 232 of the Municipal Act to convey passengers for compensation and the licences are displayed in or on the motor vehicle. The new offence does not apply to a public vehicle operated under an operating licence issued under the Public Vehicles Act.
If a person who is convicted of the new offence fails to pay the fine imposed on conviction, section 46 of the Highway Traffic Act provides for a direction to be made under section 69 of the Provincial Offences Act directing that the convicted person's driver's licence be suspended and that no driver's licence be issued to him or her until the fine is paid.
In addition, the Highway Traffic Act is amended to provide that if a person who is convicted of the new offence fails to pay the fine imposed on conviction, a direction may be made under section 69 of the Provincial Offences Act directing that validation of the convicted person's permit or issuance of a permit to him or her be refused until the fine is paid. The refusal to validate would apply only to the permit for the vehicle involved in the commission of the offence, by virtue of subsection 7 (12) of the Highway Traffic Act and subsection 69 (4) of the Provincial Offences Act.