Bill 213 2016

An Act to amend the Highway Traffic Act with respect to careless driving causing death or bodily harm

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

   1.  (1)  Section 130 of the Highway Traffic Act is amended by adding "Subject to subsection (2)" at the beginning.

   (2)  Section 130 of the Act is amended by adding the following subsections:

Penalty for careless driving causing death or bodily harm

   (2)  If the commission of an offence under subsection (1) results in the death of or bodily harm to any person, the convicted person is liable instead to a fine of not less than $2,000 and not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and in addition,

  (a)  his or her licence or permit may be suspended for a period of not more than five years; and

  (b)  he or she may be ordered to complete a road safety course or driver training course.

Limitation period is two years

   (3)  Despite section 76 of the Provincial Offences Act, a proceeding in respect of an offence described in subsection (2) may be commenced on or before the expiry of two years after the date on which the offence was, or is alleged to have been, committed.

   2.  Subsection 214.1 (7) of the Act is repealed and the following substituted:

Penalty for careless driving or racing in community safety zone

   (7)  Every person who commits an offence under section 130 or section 172 in a community safety zone when it is in effect is liable, on conviction, not to the fine set out in the provision, but to a fine of not less than double the minimum fine and not more than the maximum fine set out in the provision, in addition to any other liability set out in the provision.

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 (Careless Driving), 2016.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to increase the penalties for careless driving causing death or bodily harm. The limitation period in respect of careless driving causing death or bodily harm is increased to two years