O. Reg. 287/08: REMEDIAL MEASURES CONDUCT REVIEW PROGRAM FOR DRIVERS SUSPENDED FOR CERTAIN OFFENCES RELATED TO IMPAIRED DRIVING

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ONTARIO REGULATION 287/08

REMEDIAL MEASURES CONDUCT REVIEW PROGRAM FOR DRIVERS SUSPENDED FOR CERTAIN OFFENCES RELATED TO IMPAIRED DRIVING

Historical version for the period August 14, 2008 to September 30, 2008.

Note: This Regulation comes into force on October 1, 2008. See: O. Reg. 287/08, s. 9.

No amendments.

This Regulation is made in English only.

Features of remedial measures conduct review program

1. (1) A remedial measures conduct review program for drivers suspended for certain offences related to impaired driving consists of a preliminary assessment of the extent to which a person is affected by or suffers from substance abuse and, based on the results of the preliminary assessment, appropriate remedial education or treatment programs. O. Reg. 287/08, s. 1 (1).

(2) The preliminary assessment may utilize assessment tools to determine the appropriate remedial education or treatment program or programs for the participant, including any tools, tests, scales or inventories from, or suitable for use in, the field of substance abuse assessment. O. Reg. 287/08, s. 1 (2).

(3) A preliminary assessment and remedial programs must be conducted or provided by a person authorized or required by the Minister to do so. O. Reg. 287/08, s. 1 (3).

Criteria to participate in program

2. The following persons may be required to participate in a remedial measures conduct review program under this Regulation:

1. A person whose driver’s licence has been suspended under,

i. clause 41 (1) (b.1) of the Act,

ii. clause 41 (1) (c) of the Act,

iii. clause 41 (1) (d) of the Act,

iv. clause 41 (1) (e) of the Act, or

v. any other clause of subsection 41 (1) of the Act, if the person’s driver’s licence was previously suspended under any of clauses 41 (1) (b.1), (c), (d) or (e) of the Act. O. Reg. 287/08, s. 2.

Attendance, participation and conduct standards

3. (1) A person who, as part of a remedial measures conduct review program under this Regulation, conducts a preliminary assessment or conducts or provides a remedial education or treatment program shall notify each participant of the attendance, participation and conduct standards for the assessment or remedial program before beginning the assessment or remedial program, as the case may be. O. Reg. 287/08, s. 3 (1).

(2) Notification under subsection (1) may be provided to each participant individually, or may be made on any written or electronic material that is provided to participants or that participants are required to read. O. Reg. 287/08, s. 3 (2).

(3) A participant will be required to leave the assessment or remedial program if his or her attendance, participation or conduct does not meet the standards for the assessment or remedial program, as the case may be. O. Reg. 287/08, s. 3 (3).

Successful completion of program

4. A participant has successfully completed a remedial measures conduct review program under this Regulation if,

(a) the person who conducted the preliminary assessment reports to the Registrar that the participant successfully completed the assessment; and

(b) for each remedial education or treatment program the participant was required to take, the person who conducted or provided the program reports to the Registrar that the participant successfully completed such remedial program. O. Reg. 287/08, s. 4.

Failure to complete program

5. A person who is required to leave a preliminary assessment or remedial program as described in section 3 or who otherwise fails to successfully complete a remedial measures conduct review program under this Regulation is required to retake the entire remedial measures conduct review program, beginning at the preliminary assessment, regardless of how much of the program he or she previously participated in or successfully completed. O. Reg. 287/08, s. 5.

Public list of providers

6. The Ministry shall make available to the public a list of the persons or classes of persons authorized or required by the Minister to conduct preliminary assessments and to conduct or provide remedial programs as part of a remedial measures conduct review program under this Regulation. O. Reg. 287/08, s. 6.

Equivalent program outside Ontario

7. Despite section 1, the Registrar may permit a person who resides in another province or territory of Canada or in a state of the United States of America and who is required to complete a remedial measures conduct review program under this Regulation to complete instead a program provided in his or her province, territory or state that the Registrar considers equivalent to a remedial measures conduct review program under this Regulation. O. Reg. 287/08, s. 7.

Programs may vary across province

8. A remedial measures conduct review program under this Regulation, or any feature of such program, may differ in its content, duration and method of delivery in different parts of Ontario. O. Reg. 287/08, s. 8.

9. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 287/08, s. 9.