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Highway Traffic Act
Code de la route

ONTARIO REGULATION 287/08

CONDUCT REVIEW PROGRAMS

Consolidation Period: From October 2, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 193/16.

This Regulation is made in English only.

CONTENTS

PART I
REMEDIAL MEASURES CONDUCT REVIEW PROGRAM FOR DRIVERS SUSPENDED FOR CONDUCT RELATED TO IMPAIRED DRIVING

1.

Features of remedial measures conduct review program

2.

Criteria to participate in program

3.

Attendance, participation and conduct standards

4.

Successful completion of program

5.

Failure to complete program

6.

Public list of providers

7.

Equivalent program outside Ontario

7.1

Exemption

8.

Programs may vary across province

PART II
IGNITION INTERLOCK CONDUCT REVIEW PROGRAMS — GENERAL

9.

Definitions

9.1

Application

10.

Ignition interlock conduct review program

11.

Licence subject to condition

12.

Approved ignition interlock device

13.

Programs may vary across province

14.

Equivalent program outside Ontario

15.

Performance standards

16.

Request for installation to be in writing

17.

Inspection and maintenance of device

18.

Records

19.

Ignition interlock providers publicly listed

PART III
IGNITION INTERLOCK LICENCE CONDITION IMPOSED FOR ADMINISTRATIVE SUSPENSIONS UNDER THE ACT

20.

Definition

20.1

Required participation in program

21.

Length of participation in program

22.

Successful completion of program

PART IV
REINSTATEMENT UNDER SUBSECTION 41 (4.1) OF THE ACT AND MANDATORY INSTALLATION OF AN IGNITION INTERLOCK DEVICE

23.

Ignition interlock conduct review program

24.

Exemption from certain provisions of Act

25.

Required participation in program

26.

Installation required after reinstatement

27.

Installation period

28.

Licence suspension

29.

Successful completion of program

 

PART I
Remedial Measures Conduct Review Program for Drivers Suspended for Conduct Related to Impaired Driving

Features of remedial measures conduct review program

1. (1) A remedial measures conduct review program for drivers suspended for conduct 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); O. Reg. 405/08, s. 3.

(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. (1) 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.

2. Subject to subsection (3), a person whose driver’s licence has been suspended under a provision of the Act set out in subsection (2) in respect of a second or subsequent suspension that is imposed under any one or more of those provisions in any combination.

3. A person who is required to participate in an ignition interlock conduct review program under Part IV of this Regulation. O. Reg. 287/08, s. 2; O. Reg. 405/08, s. 4; O. Reg. 163/10, s. 1; O. Reg. 193/16, s. 1 (1).

(2) The following provisions of the Act are set out for the purpose of paragraph 2 of subsection (1):

1. Subsection 48 (4).

2. Subsection 48.0.1 (3).

3. Subsection 48.1 (5).

4. Subsection 48.2.1 (11).

5. Subsection 48.3 (2).

6. Subsection 48.3.1 (3). O. Reg. 193/16, s. 1 (2).

(3) A suspension that commenced more than 10 years before the date on which a subsequent suspension commenced shall not be taken into account for the purpose of paragraph 2 of subsection (1). O. Reg. 193/16, s. 1 (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).

(2.1) Participants who receive written or electronic material under this section are required to read it.  O. Reg. 405/08, s. 5.

(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. (1) 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.

(2) The driver’s licence of a person described in paragraph 2 of subsection 2 (1) who is required by the Registrar to participate in a remedial measures conduct review program shall be suspended under section 57 of the Act if the person fails to successfully complete the program within,

(a) 120 days from the date the person’s driver’s licence is suspended, in the case of a person whose driver’s licence was suspended for a second time under any one or more of the provisions set out in subsection 2 (2); or

(b) 180 days from the date the person’s driver’s licence is suspended, in the case of a person whose driver’s licence was suspended for a third or subsequent time under any one or more of the provisions set out in subsection 2 (2). O. Reg. 405/08, s. 6; O. Reg. 193/16, s. 2.

(3) The suspension under subsection (2) continues until the Registrar is satisfied that the person has successfully completed the program.  O. Reg. 405/08, s. 6.

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.

Exemption

7.1 Despite section 1 and clause 4 (a), a person who is not required by the Registrar to complete a preliminary assessment is exempt from the requirement for a preliminary assessment.  O. Reg. 405/08, 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.

PART II
ignition interlock conduct review programs — GENERAL

Definitions

9. In this Part,

“approval sticker” means a sticker in the form approved by the Minister for the purposes of this Part;

“authorized person” means a person authorized by the Minister to install, inspect and maintain ignition interlock devices for the purposes of this Part.  O. Reg. 405/08, s. 8.

Application

9.1 This Part applies to all participants in an ignition interlock conduct review program under this Regulation.  O. Reg. 163/10, s. 3.

Ignition interlock conduct review program

10. An ignition interlock conduct review program is hereby established.  O. Reg. 405/08, s. 8.

Licence subject to condition

11. (1) The driver’s licence of a person required to participate in an ignition interlock conduct review program under this Regulation is subject to the condition that he or she is prohibited from driving any motor vehicle that is not equipped with an ignition interlock device.  O. Reg. 163/10, s. 4.

(2) The ignition interlock device referred to in subsection (1) shall be installed by an authorized person and shall bear an approval sticker.  O. Reg. 163/10, s. 4.

Approved ignition interlock device

12. An ignition interlock device that meets the following requirements is an approved ignition interlock device for the purposes of section 41.2 of the Act:

1. The device was installed pursuant to a request or requirement under this Regulation.

2. The device meets the requirements of section 2 of Ontario Regulation 251/02 (Ignition Interlock Devices) made under the Act.  O. Reg. 163/10, s. 4.

Programs may vary across province

13. An ignition interlock conduct review program under this Regulation, or any feature of such a program, may differ in its content, duration and method of delivery in different parts of Ontario.  O. Reg. 163/10, s. 4.

Equivalent program outside Ontario

14. Despite anything in this Part, 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 or could be required to complete an ignition interlock conduct review program under this Part to complete instead a program provided in his or her province, territory or state that the Registrar considers equivalent to an ignition interlock conduct review program under this Part.  O. Reg. 405/08, s. 8.

Performance standards

15. (1) A person who, as part of an ignition interlock conduct review program under this Regulation, carries out the installation, inspection or maintenance of an ignition interlock device, shall notify each participant of the attendance and performance standards for the program before beginning the installation.  O. Reg. 163/10, s. 5.

(2) Notification under subsection (1) may be provided to each participant individually, or may be provided on any written or electronic material that is provided to participants.  O. Reg. 405/08, s. 8.

(3) Participants who receive written or electronic material under this section are required to read it.  O. Reg. 405/08, s. 8.

Request for installation to be in writing

16. (1) A person whom the Registrar has required to participate in an ignition interlock conduct review program under Part III may request an authorized person to install the device in the motor vehicle and the request shall be made in writing.  O. Reg. 163/10, s. 6.

(1.1) A person whom the Registrar has required to participate in an ignition interlock conduct review program under Part IV shall request an authorized person to install the device in the motor vehicle and the request shall be made in writing.  O. Reg. 163/10, s. 6.

(2) The request shall include an acknowledgement by the participant that he or she,

(a) has received notification of the attendance and performance standards of the program;

(b) understands how to operate the ignition interlock device properly; and

(c) understands that he or she is solely responsible for ensuring,

(i) that the device is not tampered with by any person,

(ii) that the device is not removed without authorization, and

(iii) that the performance standards referred to in section 15 are met.  O. Reg. 405/08, s. 8; O. Reg. 163/10, s. 7.

(3) An authorized person shall affix an approval sticker to an ignition interlock device if the request to install the device was made by a person required to participate in the program by the Registrar.  O. Reg. 405/08, s. 8.

Inspection and maintenance of device

17. (1) A participant shall ensure that the motor vehicle in which an ignition interlock device has been installed is brought to the authorized person that installed the device for inspection and maintenance as and when required by the attendance and performance standards, or at least once every 60 days.  O. Reg. 405/08, s. 8.

(2) Despite subsection (1), if the ignition interlock device installed in a motor vehicle is designed to be inspected and maintained by removing a component from it, the participant shall, at least once every 60 days, ensure that,

(a) the component is removed, in accordance with the instructions of the authorized person who installed the device, and is delivered to that authorized person for inspection and maintenance; and

(b) the replacement component provided to the participant by the authorized person is installed in the device in accordance with the authorized person’s instructions.  O. Reg. 405/08, s. 8.

Records

18. (1) Every authorized person shall maintain a record with respect to the installation, inspection and maintenance of an ignition interlock device carried out by the person.  O. Reg. 405/08, s. 8.

(2) A record under subsection (1) shall include,

(a) the name, address and driver’s licence number of the person who requested the installation of the device;

(b) the make, model and vehicle identification number of the motor vehicle in which it was installed; and

(c) the results of any inspection of the device, including any information obtained from the device itself.  O. Reg. 405/08, s. 8.

(3) The authorized person shall, upon request, submit the records maintained under this section to the Registrar.  O. Reg. 405/08, s. 8.

Ignition interlock providers publicly listed

19. The Ministry shall make publicly available a list of the persons or classes of persons authorized by the Minister to provide an ignition interlock device under this Part.  O. Reg. 405/08, s. 8.

PART iii
ignition interlock licence condition imposed for administrative suspensions under the act

Definition

20. In this Part,

“authorized person” means a person authorized by the Minister to install, inspect and maintain ignition interlock devices for the purposes of this Part.  O. Reg. 163/10, s. 9.

Required participation in program

20.1 (1) Subject to subsection (3), a person whose driver’s licence has been suspended under a provision of the Act set out in subsection (2) may be required, if the suspension is the person’s third or subsequent suspension under any one or more of those provisions in any combination, to participate in an ignition interlock conduct review program under this Part. O. Reg. 193/16, s. 4.

(2) The following provisions of the Act are set out for the purpose of subsection (1):

1. Subsection 48 (4).

2. Subsection 48.0.1 (3).

3. Subsection 48.1 (5).

4. Subsection 48.2.1 (11).

5. Subsection 48.3 (2).

6. Subsection 48.3.1 (3). O. Reg. 193/16, s. 4.

(3) A suspension that commenced more than 10 years before the date on which a subsequent suspension commenced shall not be taken into account for the purpose of subsection (1). O. Reg. 193/16, s. 4.

Length of participation in program

21. (1) A person who is required to participate in an ignition interlock conduct review program under this Part shall participate in the program for six months.  O. Reg. 405/08, s. 8; O. Reg. 163/10, s. 10 (1).

(2) The six-month period referred to in subsection (1) may be extended by six months from the date the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with or has been removed without authorization;

(b) the participant has failed to comply with section 17; or

(c) the participant has failed to comply with the ignition interlock condition referred to in subsection 11 (1).  O. Reg. 405/08, s. 8; O. Reg. 163/10, s. 10 (2, 3).

(3) If more than one period of extension applies to a person, the person is required to participate in the program until the end of the period of extension imposed most recently by the Registrar.  O. Reg. 405/08, s. 8.

(4) The period of required participation, including any extension, under this section runs concurrently with the period of time, if any, during which an ignition interlock condition is imposed on a person’s driver’s licence where the driver’s licence has been reinstated pursuant to subsection 41.1 (1) of the Act and the person has been convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada).  O. Reg. 405/08, s. 8.

(5) A person to whom subsection (4) applies is not eligible to apply to remove the ignition interlock condition under subsection 41.2 (2) or (6) of the Act until the person meets the requirements for successful completion of the ignition interlock conduct review program under section 22.  O. Reg. 405/08, s. 8.

(6) The period of required participation, including any extension, continues until the requirements for successful completion of the program are met.  O. Reg. 405/08, s. 8.

Successful completion of program

22. A participant in an ignition interlock conduct review program under this Part completes it successfully if the Registrar is satisfied that,

(a) the participant has successfully completed any examinations under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act that he or she is required to complete pursuant to subsection 32 (5) of the Act;

(b) the person has complied with the ignition interlock condition described in subsection 11 (1); and

(c) the participant has successfully completed the period of required participation, including any extension.  O. Reg. 163/10, s. 11.

PART IV
REINSTATEMENT UNDER SUBSECTION 41 (4.1) OF THE ACT AND MANDATORY INSTALLATION OF AN IGNITION INTERLOCK DEVICE

Ignition interlock conduct review program

23. The ignition interlock conduct review program described in this Part is established for the purposes of subsection 259 (1.1) of the Criminal Code (Canada).  O. Reg. 163/10, s. 12.

Exemption from certain provisions of Act

24. A person who is required to participate in an ignition interlock conduct review program under this Part is exempt from subsections 41.2 (1), (5) and (9) of the Act.  O. Reg. 163/10, s. 12.

Required participation in program

25. (1) A person may be required to participate in an ignition interlock conduct review program under this Part if,

(a) on or after August 3, 2010, the person’s driver’s licence is suspended for a period of one year pursuant to clause 41 (1) (f) of the Act for an offence that is described in clause 41 (1) (b.1) or (c) of the Act; and

(b) the Registrar is satisfied that,

(i) the circumstances of the offence did not involve impairment of the person caused by a drug other than alcohol, or caused by a combination of substances that included drugs other than alcohol,

(ii) an order was made under section 259 of the Criminal Code (Canada) concerning the person and the order does not exclude the person from participating in an ignition interlock conduct review program under this Part,

(iii) the person has completed and signed the written request referred to in subsection 16 (1.1),

(iv) the person has completed the preliminary assessment referred to in subsection 1 (1),

(v) the person’s driver’s licence has not been suspended under section 42 of the Act within the five years preceding the suspension referred to in clause (a),

(vi) the person’s driver’s licence was not, on the date of the offence, subject to a condition requiring the use of an ignition interlock device, and

(vii) the person’s driver’s licence has not previously been reinstated under subsection 41.1 (2) of the Act.  O. Reg. 163/10, s. 12.

(2) Despite clause (1) (a), a person is not eligible to participate in an ignition interlock conduct review program under this Part if the suspension referred to in clause (1) (a) is for an offence under section 255 of the Criminal Code (Canada) as described in clause 41 (1) (b.1) of the Act and the offence involves the causation of bodily harm or death.  O. Reg. 163/10, s. 12.

(3) A person is not eligible to participate in an ignition interlock conduct review program under this Part until after the later of,

(a) the expiry of the minimum absolute prohibition period described in subsection 259 (1.2) of the Criminal Code (Canada); and

(b) a day that is at least six months after the person is made subject to an order under section 259 of the Criminal Code (Canada).  O. Reg. 163/10, s. 12.

(4) Where a person meets the following requirements, the date described in clause (3) (b) shall instead be a day that is at least three months after the person is made subject to an order under section 259 of the Criminal Code (Canada):

1. The person enters a plea of guilty to the offence.

2. The person is then made subject to an order under section 259 of the Criminal Code (Canada) and the order is made within 90 days of the date of the offence.

3. Within the minimum absolute prohibition period described in subsection 259 (1.2) of the Criminal Code (Canada), the person submits an application under subsection 41 (4.1) of the Act that is satisfactory to the Registrar.  O. Reg. 163/10, s. 12.

(5) Where the date of the offence is earlier than August 3, 2010 and a person meets the following requirements, the date described in clause (3) (b) shall instead be a day that is at least three months after the person is made subject to an order under section 259 of the Criminal Code (Canada):

1. The person enters a plea of guilty to the offence.

2. The person is then made subject to an order under section 259 of the Criminal Code (Canada) and the order is made on or before November 1, 2010.

3. Within the minimum absolute prohibition period described in subsection 259 (1.2) of the Criminal Code (Canada), the person submits an application under subsection 41 (4.1) of the Act that is satisfactory to the Registrar.  O. Reg. 163/10, s. 12.

Installation required after reinstatement

26. A person required to participate in an ignition interlock conduct review program under this Part shall, within 30 days of the reinstatement of his or her driver’s licence, have an ignition interlock device installed in a motor vehicle by an authorized person.  O. Reg. 163/10, s. 12.

Installation period

27. (1) A person required to participate in an ignition interlock conduct review program under this Part shall have an ignition interlock device installed in a motor vehicle,

(a) for a minimum of nine months, if the person,

(i) enters a plea of guilty to the offence,

(ii) is then made subject to an order under section 259 of the Criminal Code (Canada) and the order is made within 90 days of the date of the offence, and

(iii) within the minimum absolute prohibition period described in subsection 259 (1.2) of the Criminal Code (Canada), submits an application under subsection 41 (4.1) of the Act that is satisfactory to the Registrar; or

(b) for a minimum of 12 months, in any other case.  O. Reg. 163/10, s. 12.

(2) Despite subsection (1), where the date of the offence is earlier than August 3, 2010, the person shall have an ignition interlock device installed in a motor vehicle,

(a) for a minimum of nine months, if the person,

(i) enters a plea of guilty to the offence,

(ii) is then made subject to an order under section 259 of the Criminal Code (Canada) and the order is made on or before November 1, 2010, and

(iii) within the minimum absolute prohibition period described in subsection 259 (1.2) of the Criminal Code (Canada), submits an application under subsection 41 (4.1) of the Act that is satisfactory to the Registrar; or

(b) for a minimum of 12 months, in any other case.  O. Reg. 163/10, s. 12.

(3) The installation period continues until the requirements for successful completion of the program are met.  O. Reg. 163/10, s. 12.

(4) The Registrar may extend the installation period by three months after any date on which the Registrar is satisfied that,

(a) the ignition interlock device has analyzed a sample of breath that shows that the driver had a level of blood alcohol concentration greater than the level allowed by the performance standards referred to in section 15; or

(b) the ignition interlock device prompted the driver to provide a breath sample and no sample was provided.  O. Reg. 163/10, s. 12.

(5) If the person is required to participate in an ignition interlock conduct review program under Part III, the Registrar may extend the installation period under this Part until the end of the period of time during which the person is required to participate in the program under Part III. O. Reg. 193/16, s. 5.

Licence suspension

28. (1) A participant’s driver’s licence may be suspended under section 57 of the Act if the Registrar is satisfied that,

(a) the participant failed to install an ignition interlock device within 30 days of the date of reinstatement of his or her driver’s licence under subsection 41 (4.1) of the Act;

(b) the ignition interlock device has been tampered with or has been removed without authorization;

(c) the participant has failed to comply with the driver’s licence condition referred to in subsection 11 (1);

(d) the participant has failed to comply with section 17;

(e) the participant’s driver’s licence is suspended under section 41 or 42 of the Act;

(f) the participant’s driver’s licence is suspended under section 48 or 48.3 of the Act; or

(g) the participant is convicted of an offence under the Act, or under the regulations made under the Act, for having a level of blood alcohol concentration in excess of a limit prescribed by the Act or the regulations made under the Act.  O. Reg. 163/10, s. 12.

(2) The suspension of a participant’s driver’s licence under subsection (1) shall continue for a period of time that is the same as the period of time for which the driver’s licence suspension under section 41 or 43 of the Act would have continued had the person’s driver’s licence not been reinstated under subsection 41 (4.1) of the Act.  O. Reg. 163/10, s. 12; O. Reg. 193/16, s. 6.

(3) The suspension of a participant’s driver’s licence under subsection (1) shall continue until such time as the person completes the remedial measures program under Part I.  O. Reg. 163/10, s. 12.

(4) A person whose driver’s licence is suspended under subsection (1) is not eligible to re-apply for admission into, or to continue to participate in, an ignition interlock program under this Part, other than for the purposes of complying with subsection (5).  O. Reg. 163/10, s. 12.

(5) Upon reinstatement of a person’s driver’s licence at the end of a suspension under subsection (1),

(a) the licence is subject to the condition referred to in subsection 11 (1) for a period of at least one year; and

(b) the Registrar shall not remove that condition until at least 12 months have passed after any date on which the Registrar is satisfied that,

(i) the person failed to comply with the ignition interlock condition referred to in subsection 11 (1),

(ii) the ignition interlock device had been tampered with or had been removed without authorization, or

(iii) the person failed to comply with section 17.  O. Reg. 163/10, s. 12.

Successful completion of program

29. A participant in an ignition interlock conduct review program under this Part completes it successfully if the Registrar is satisfied that,

(a) the authorized person who conducted the installation, inspection and maintenance of the ignition interlock device has reported that the participant successfully completed the program;

(b) the participant has successfully completed the installation period applicable to him or her, including any extension;

(c) the participant has complied with the ignition interlock condition described in subsection 11 (1);

(d) on the day of the last appointment for the inspection and maintenance required under section 17, the participant’s driver’s licence is not suspended;

(e) the participant has successfully completed any examinations under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act that he or she is required to complete pursuant to subsection 32 (5) of the Act; and

(f) the participant has successfully completed any remedial measures conduct review program in which he or she was required to participate under Part I.  O. Reg. 163/10, s. 12.