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Highway Traffic Act

ONTARIO REGULATION 273/07

Administrative Penalties

Consolidation Period: From January 1, 2022 to the e-Laws currency date.

Last amendment: 823/21.

Legislative History: 403/08, 244/14, 192/16, 266/16, 337/18, 823/21, CTR 25 JA 22 - 1.

This is the English version of a bilingual regulation.

Administrative penalty

1. (1) A person whose driver’s licence is suspended under section 48 of the Act shall pay to the Ministry an administrative penalty in the following amount:

1. If the suspension commenced on or before December 31, 2018, the amount set out in subsection 1 (1) of this Regulation, as it read on that date.

2. If the suspension commenced on or after January 1, 2019,

i. $250, in the case of a first suspension,

ii. $350, in the case of a second suspension, and

iii. $450, in the case of a third or subsequent suspension. O. Reg. 337/18, s. 2.

(2) A person whose driver’s licence is suspended under section 48.0.1 of the Act shall pay to the Ministry an administrative penalty in the following amount:

1. If the suspension commenced on or before December 31, 2018, the amount set out in subsection 1 (2) of this Regulation, as it read on that date.

2. If the suspension commenced on or after January 1, 2019,

i. $250, in the case of a first suspension,

ii. $350, in the case of a second suspension, and

iii. $450, in the case of a third or subsequent suspension. O. Reg. 337/18, s. 2.

(3) A person whose driver’s licence is suspended under section 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1 or 48.2.2 of the Act shall pay to the Ministry an administrative penalty in the following amount:

1. If the suspension commenced on or before December 31, 2018, the amount set out in subsection 1 (3) of this Regulation, as it read on that date.

2. If the suspension commenced on or after January 1, 2019,

i. $250, in the case of a first suspension,

ii. $350, in the case of a second suspension, and

iii. $450, in the case of a third or subsequent suspension. O. Reg. 337/18, s. 2.

(4) A person whose driver’s licence is suspended under section 48.3 of the Act shall pay to the Ministry an administrative penalty in the following amount:

1. If the suspension commenced on or before December 31, 2018, the amount set out in subsection 1 (1) of this Regulation, as it read on that date.

2. If the suspension commenced on or after January 1, 2019, $550. O. Reg. 337/18, s. 2.

(5) A person whose driver’s licence is suspended under section 48.3.1 of the Act shall pay to the Ministry an administrative penalty in the following amount:

1. If the suspension commenced on or before December 31, 2018, the amount set out in subsection 1 (2) of this Regulation, as it read on that date.

2. If the suspension commenced on or after January 1, 2019, $550. O. Reg. 337/18, s. 2.

Subsequent suspensions and application of penalties

2. (1) For the purposes of subsections 1 (1), (2) and (3), a suspension that commences on or after January 1, 2019 is a second, third or subsequent suspension if the suspension commences within five years after a prior suspension under any of sections 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 and 48.3.1 of the Act. O. Reg. 337/18, s. 2.

(2) If more than one suspension arises out of the same circumstances, only one administrative penalty applies and it shall be the penalty that is the greatest amount. O. Reg. 337/18, s. 2.

(3) A penalty imposed under section 1 is payable in addition to any reinstatement fee, in respect of the same reinstatement, required under subsection 26 (1.1) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act. O. Reg. 337/18, s. 2.

Licence cancelled for failure to pay penalty

3. If a person owes a penalty imposed under section 1 and does not pay it before his or her driver’s licence is reinstated at the end of the suspension, his or her driver’s licence may be cancelled upon or after reinstatement. O. Reg. 244/14, s. 4.

Additional penalty

4. Where payment for a penalty imposed under section 1 is dishonoured, a further penalty of $15 is imposed, and is added to the penalty that is payable under section 1.  O. Reg. 273/07, s. 4; O. Reg. 403/08, s. 4.

Administrative penalty

4.1 (1) A person whose driver’s licence is suspended as a result of being convicted under section 53, 128, 130, 172, 200 or 216 of the Act or whose driver’s licence is suspended under section 9 of Ontario Regulation 339/94 (Demerit Point System) made under the Act shall pay to the Ministry an administrative penalty in the following amount:

1. $250, in the case of a first suspension.

2. $350, in the case of a second suspension.

3. $450, in the case of a third or subsequent suspension. O. Reg. 823/21, s. 1.

(2) For the purposes of subsection (1), a suspension is a second, third or subsequent suspension if the suspension commences within five years after a prior suspension that was imposed for the same reason. O. Reg. 823/21, s. 1.

(3) A penalty imposed under subsection (1) is payable in addition to any reinstatement fee, in respect of the same reinstatement, required under subsection 26 (1.1) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act. O. Reg. 823/21, s. 1.

(4) If a person owes a penalty imposed under subsection (1) and does not pay it before the person’s driver’s licence is reinstated at the end of the suspension, the driver’s licence may be cancelled upon or after reinstatement. O. Reg. 823/21, s. 1.

(5) Where payment for a penalty imposed under subsection (1) is dishonoured, a further penalty of $15 is imposed, and is added to the penalty that is payable under subsection (1). O. Reg. 823/21, s. 1.

Other suspensions unaffected

5. Nothing in this Regulation affects the operation of another suspension of the person’s driver’s licence under the Act or any other Act or a regulation made under the Act or under any other Act.  O. Reg. 273/07, s. 5.

6. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 273/07, s. 6.

 

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