Bill 209 2006

An Act to amend the
Highway Traffic Act
with respect to the suspension
of drivers' licences

Note: This Act amends the Highway Traffic Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

1.  Clauses 41 (1) (b) and (c) of the Highway Traffic Act are repealed and the following substituted:

(b) under section 249, 249.1 or 252 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(b.1) under section 253 or 255 of the Criminal Code (Canada) committed while,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care or control of a vessel within the meaning of section 48;

(c) under section 254 of the Criminal Code (Canada) committed in relation to,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care or control of a vessel within the meaning of section 48;

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  Subsection 43 (1) of the Act is repealed and the following substituted:

Suspension while prohibited from driving

(1)  Where the licence of a person who is subject to an order made under section 259 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension.

3.  (1)  Subsection 48 (1) of the Act is amended by striking out "driver of a motor vehicle" and substituting "driver of a motor vehicle or operator of a vessel".

(2)  Subsection 48 (13) of the Act is amended by adding the following definition:

"vessel" means a vessel within the meaning of section 214 of the Criminal Code (Canada). ("bateau")

4.  (1)  Subsection 48.3 (1) of the Act is amended by striking out "having the care, charge or control of a motor vehicle" and substituting "having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel".

(2)  Subsection 48.3 (16) of the Act is amended by adding the following definition:

"vessel" means a vessel within the meaning of section 214 of the Criminal Code (Canada). ("bateau")

5.  Subsection 210 (1) of the Act is repealed and the following substituted:

Notice of conviction to Registrar

(1)  A judge, provincial judge or justice of the peace who makes a conviction in respect of an offence to which this section applies or the clerk of the court in which the conviction is made shall forthwith notify the Registrar of the conviction.

Applicable offences

(1.1)  This section applies in respect of the following offences:

1. An offence under this Act or under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them committed by means of,

i. a motor vehicle or street car within the meaning of this Act,

ii. a vessel within the meaning of section 48, or

iii. a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act.

2. An offence under a municipal by-law regulating traffic on the highways, except convictions for offences for standing or parking.

Contents of notice of conviction

(1.2)  The notice of conviction under subsection (1) shall set out the name, address and description of the person convicted, the number of his or her driver's licence, the number of the permit of the motor vehicle or the registration number of the vessel or motorized snow vehicle, as the case may be, with which the offence was committed, the time the offence was committed and the provision of the Act, regulation, order or by-law contravened.

Commencement

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

Short title

7.  The short title of this Act is the Highway Traffic Amendment Act (Drinking and Boating Offences), 2006.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 209 and does not form part of the law. Bill 209 has been enacted as Chapter 20 of the Statutes of Ontario, 2006.

The Bill amends the Highway Traffic Act to extend certain provisions to cover the operation of vessels within the meaning of the Criminal Code (Canada).

Bill 209 2005

An Act to amend the
Highway Traffic Act
with respect to the suspension
of drivers' licences

Note: This Act amends the Highway Traffic Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

1.  Clauses 41 (1) (b) and (c) of the Highway Traffic Act are repealed and the following substituted:

(b) under section 249, 249.1 or 252 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(b.1) under section 253 or 255 of the Criminal Code (Canada) committed while,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care or control of a vessel within the meaning of section 48;

(c) under section 254 of the Criminal Code (Canada) committed in relation to,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care or control of a vessel within the meaning of section 48;

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

Suspension while prohibited from driving

(1)  Where the licence of a person who is subject to an order made under section 259 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension.

3.  (1)  Subsection 48 (1) of the Act is amended by striking out "driver of a motor vehicle" and substituting "driver of a motor vehicle or operator of a vessel".

(2)  Subsection 48 (13) of the Act is amended by adding the following definition:

"vessel" means a vessel within the meaning of section 214 of the Criminal Code (Canada). ("bateau")

4.  (1)  Subsection 48.3 (1) of the Act is amended by striking out "having the care, charge or control of a motor vehicle" and substituting "having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel".

(2)  Subsection 48.3 (16) of the Act is amended by adding the following definition:

"vessel" means a vessel within the meaning of section 214 of the Criminal Code (Canada). ("bateau")

5.  Subsection 210 (1) of the Act is repealed and the following substituted:

Notice of conviction to Registrar

(1)  A judge, provincial judge or justice of the peace who makes a conviction in respect of an offence to which this section applies or the clerk of the court in which the conviction is made shall forthwith notify the Registrar of the conviction.

Applicable offences

(1.1)  This section applies in respect of the following offences:

1. An offence under this Act or under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them committed by means of,

i. a motor vehicle or street car within the meaning of this Act,

ii. a vessel within the meaning of section 48, or

iii. a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act.

2. An offence under a municipal by-law regulating traffic on the highways, except convictions for offences for standing or parking.

Contents of notice of conviction

(1.2)  The notice of conviction under subsection (1) shall set out the name, address and description of the person convicted, the number of his or her driver's licence, the number of the permit of the motor vehicle or the registration number of the vessel or motorized snow vehicle, as the case may be, with which the offence was committed, the time the offence was committed and the provision of the Act, regulation, order or by-law contravened.

Commencement

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

Short title

7.  The short title of this Act is the Highway Traffic Amendment Act (Drinking and Boating Offences), 2005.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to extend certain provisions to cover the operation of vessels within the meaning of the Criminal Code (Canada).

Bill 209 2005

An Act to amend the
Highway Traffic Act
with respect to the suspension
of drivers' licences

Note: This Act amends the Highway Traffic Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

1.  Clauses 41 (1) (b) and (c) of the Highway Traffic Act are repealed and the following substituted:

(b) under section 249, 249.1 or 252 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(b.1) under section 253 or 255 of the Criminal Code (Canada) committed while,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care or control of a vessel within the meaning of section 48;

(c) under section 254 of the Criminal Code (Canada) committed in relation to,

(i) driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, or

(ii) operating or having the care or control of a vessel within the meaning of section 48;

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

Suspension while prohibited from driving

(1)  Where the licence of a person who is subject to an order made under section 259 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension.

3.  (1)  Subsection 48 (1) of the Act is amended by striking out "driver of a motor vehicle" and substituting "driver of a motor vehicle or operator of a vessel".

(2)  Subsection 48 (13) of the Act is amended by adding the following definition:

"vessel" means a vessel equipped with a motor, whether the motor is in use or not, and includes a machine designed to derive support in the atmosphere primarily from reactions against the earth's surface of air expelled from the machine. ("bateau")

4.  (1)  Subsection 48.3 (1) of the Act is amended by striking out "having the care, charge or control of a motor vehicle" and substituting "having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel".

(2)  Subsection 48.3 (16) of the Act is amended by adding the following definition:

"vessel" means a vessel equipped with a motor, whether the motor is in use or not, and includes a machine designed to derive support in the atmosphere primarily from reactions against the earth's surface of air expelled from the machine. ("bateau")

5.  Subsection 210 (1) of the Act is repealed and the following substituted:

Notice of conviction to Registrar

(1)  A judge, provincial judge or justice of the peace who makes a conviction in respect of an offence to which this section applies or the clerk of the court in which the conviction is made shall forthwith notify the Registrar of the conviction.

Applicable offences

(1.1)  This section applies in respect of the following offences:

1. An offence under this Act or under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them committed by means of,

i. a motor vehicle or street car within the meaning of this Act,

ii. a vessel within the meaning of section 48, or

iii. a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act.

2. An offence under a municipal by-law regulating traffic on the highways, except convictions for offences for standing or parking.

Contents of notice of conviction

(1.2)  The notice of conviction under subsection (1) shall set out the name, address and description of the person convicted, the number of his or her driver's licence, the number of the permit of the motor vehicle or the registration number of the vessel or motorized snow vehicle, as the case may be, with which the offence was committed, the time the offence was committed and the provision of the Act, regulation, order or by-law contravened.

Commencement

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

Short title

7.  The short title of this Act is the Highway Traffic Amendment Act (Licence Suspensions), 2005.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to extend certain provisions to cover the operation of vessels within the meaning of the Criminal Code (Canada), except for vessels that are not equipped with a motor.