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Highway Traffic Act

ONTARIO REGULATION 273/07

Administrative Penalties

Consolidation Period:  From July 1, 2018 to the e-Laws currency date.

Last amendment: 337/18.

Legislative History: 403/08, 244/14, 192/16, 266/16, 337/18.

This is the English version of a bilingual regulation.

Administrative penalty

1. (1) A person whose driver’s licence is suspended under section 48 or 48.3 of the Act shall pay to the Ministry the following administrative penalty:

1. $150 if the suspension commenced on or before June 30, 2015.

2. $180 if the suspension commenced on or before June 30, 2015 and the suspension is extended after that date by a subsequent suspension under section 48 or 48.3.

3. $180 if the suspension commenced on or after July 1, 2015 and before January 1, 2017.

4. $198 if the suspension commenced on or before December 31, 2016 and the suspension is extended after that date by a subsequent suspension under section 48 or 48.3.

5. $198 if the suspension commenced on or after January 1, 2017. O. Reg. 244/14, s. 2; O. Reg. 266/16, s. 1 (1).

(2) A person whose driver’s licence is suspended under section 48.0.1 or 48.3.1 of the Act shall pay to the Ministry the following administrative penalty:

1. $180 if the suspension commenced on or after October 2, 2016 and before January 1, 2017.

2. $198 if the suspension commenced on or before December 31, 2016 and the suspension is extended after that date by a subsequent suspension under section 48.0.1 or 48.3.1.

3. $198 if the suspension commenced on or after January 1, 2017. O. Reg. 266/16, s. 1 (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 amount of $198 if the suspension commenced on or after July 1, 2018. O. Reg. 337/18, s. 1.

Note: On January 1, 2019, section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 337/18, s. 2)

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.

Licence not reinstated until penalty paid

2. (1) If the suspension of a person’s driver’s licence is extended as described in paragraph 2 of subsection 1 (1), paragraph 4 of subsection 1 (1) or paragraph 2 of subsection 1 (2), the person shall be required to pay only one penalty equal to the amount prescribed by paragraph 2 of subsection 1 (1), paragraph 4 of subsection 1 (1) or paragraph 2 of subsection 1 (2), as the case may be, and not a penalty equal to the sum of the penalties prescribed by paragraphs 1 and 2 of subsection 1 (1), paragraphs 3 and 4 of subsection 1 (1) or paragraphs 1 and 2 of subsection 1 (2), as the case may be. O. Reg. 266/16, s. 2.

(2) Revoked: O. Reg. 244/14, s. 3 (1).

(3) A person who pays a penalty imposed under section 1 of this Regulation before his or her licence is reinstated is not required to pay a reinstatement fee, in respect of the same reinstatement, under subsection 26 (1.1) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act.  O. Reg. 273/07, s. 2 (3); O. Reg. 192/16, s. 2 (2).

(4) A person who pays the reinstatement fee under subsection 26 (1.1) of Ontario Regulation 340/94 made under the Act before his or her licence is reinstated is not required to pay a penalty, in respect of the same reinstatement, imposed under section 1 of this Regulation.  O. Reg. 273/07, s. 2 (4); O. Reg. 192/16, s. 2 (3).

(5) Despite subsections (3) and (4), where the amount of a penalty imposed under section 1 is different from the amount of the reinstatement fee under subsection 26 (1.1) of Ontario Regulation 340/94 made under the Act, the amount that is payable in respect of the same reinstatement is the greater of the two amounts. O. Reg. 244/14, s. 3 (2); O. Reg. 192/16, s. 2 (4).

Note: On January 1, 2019, section 2 of the Regulation is revoked and the following substituted: (See: 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.

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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