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O. Reg. 46/20: TEMPORARY RULES GOVERNING CONDUCT REVIEW PROGRAMS

under Highway Traffic Act, R.S.O. 1990, c. H.8

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Highway Traffic Act
Code de la route

ONTARIO REGULATION 46/20

TEMPORARY RULES GOVERNING CONDUCT REVIEW PROGRAMS

Consolidation Period: From May 14, 2020 to the e-Laws currency date.

Last amendment: 215/20.

Legislative History: 215/20.

This Regulation is made in English only.

part i
Interpretation

Definition

1. In this Regulation,

“Ontario Regulation 287/08” means Ontario Regulation 287/08 (Conduct Review Programs) made under the Act.

Governing regulations

2. (1) This Regulation and Ontario Regulation 287/08 govern a person’s participation in a conduct review program under section 57 of the Act.

(2) In the event of a conflict between this Regulation and Ontario Regulation 287/08, this Regulation prevails.

Part II
Remedial Measures Conduct Review Program

Remedial measures conduct review program

3. (1) If the Registrar has notified a person under subsection 57 (11) of the Act that the person is required to participate in a remedial measures conduct review program under Part I of Ontario Regulation 287/08 and if the person has not commenced the program before the day this Regulation comes into force, nothing in this Regulation prevents the person from commencing and continuing to participate in the program while this Regulation is in force, but the person cannot complete the program while this Regulation is in force, despite section 4 of Ontario Regulation 287/08.

(2) If the Registrar has notified a person under subsection 57 (11) of the Act that the person is required to participate in a remedial measures conduct review program under Part I of Ontario Regulation 287/08 and if the person has commenced the program before the day this Regulation comes into force, nothing in this Regulation prevents the person from continuing to participate in the program while this Regulation is in force, but the person cannot complete the program while this Regulation is in force, despite section 4 of Ontario Regulation 287/08.

Failure to complete the program

4. (1) If a person has been required to leave a preliminary assessment or remedial program as described in section 3 of Ontario Regulation 287/08 or has otherwise failed to successfully complete a remedial measures conduct review program under that regulation and if the person has not begun to retake the remedial measures conduct review program under section 5 of Ontario Regulation 287/08 before the day this Regulation comes into force, the person cannot commence the program while this Regulation is in force.

(2) If a person has been required to leave a preliminary assessment or remedial program as described in section 3 of Ontario Regulation 287/08 or has otherwise failed to successfully complete a remedial measures conduct review program under that regulation and if the person has begun to retake the remedial measures conduct review program under section 5 of Ontario Regulation 287/08 before the day this Regulation comes into force, nothing in this Regulation prevents the person from continuing to participate in the program while this Regulation is in force, but the person cannot complete the program while this Regulation is in force, despite section 4 of Ontario Regulation 287/08.

Equivalent program outside Ontario

5. If the Registrar has, under section 7 of Ontario Regulation 287/08, permitted a person who resides in another province or territory of Canada or in a state of the United States of America to participate in a program provided in his or her province, territory or state, the person cannot complete the program for the purposes of Ontario Regulation 287/08 while this Regulation is in force.

Part III
Ignition Interlock Conduct Review Programs

Ignition interlock conduct review programs

6. (1) If the Registrar has notified a person under subsection 57 (11) of the Act that the person is required to participate in an ignition interlock conduct review program under Part III or IV of Ontario Regulation 287/08 and if the person has made a request to an authorized person under section 16 of Ontario Regulation 287/08 to install an ignition interlock device in a motor vehicle and the device has not been installed before the day this Regulation comes into force, nothing in this Regulation prevents the authorized person from installing the device or the person from commencing the ignition interlock conduct review program, and continuing to participate in it, while this Regulation is in force, but the person cannot complete the program while this Regulation is in force, despite sections 22 and 29 of Ontario Regulation 287/08.

(2) If the Registrar has notified a person under subsection 57 (11) of the Act that the person is required to participate in an ignition interlock conduct review program under Part III or IV of Ontario Regulation 287/08 and if the person has had an ignition interlock device installed in a motor vehicle before the day this Regulation comes into force, nothing in this Regulation prevents the person from continuing to participate in the ignition interlock conduct review program while this Regulation is in force, but the person cannot complete the program while this Regulation is in force, despite sections 22 and 29 of Ontario Regulation 287/08.

Equivalent program outside Ontario

7. If the Registrar has, under section 14 of Ontario Regulation 287/08, permitted a person who resides in another province or territory of Canada or in a state of the United States of America to participate in a program provided in his or her province, territory or state, the person cannot complete the program for the purposes of Ontario Regulation 287/08 while this Regulation is in force.

Indefinite participation period

8. While this Regulation is in force, the period of required participation in an ignition interlock conduct review program under Part III of Ontario Regulation 287/08, including any extension, is an indefinite period, despite section 21 of that regulation.

Indefinite installation period

9. While this Regulation is in force, the installation period for an ignition interlock device required to be installed under Part IV of Ontario Regulation 287/08, including any extension, is an indefinite period, despite section 27 of that regulation.

Licence subject to ignition interlock condition

10. While this Regulation is in force, if a person’s driver’s licence is subject to the ignition interlock condition referred to in subsection 11 (1) of Ontario Regulation 287/08, the licence is subject to that condition for an indefinite period.

90-day time period extended

10.1 (1) While this Regulation is in force, the time period set out in the following provisions of Ontario Regulation 287/08 for an order to be made under section 259 of the Criminal Code (Canada) is extended from within 90 days of the date of the offence to within 282 days of the date of the offence:

1. Subsection 25 (3).

2. Paragraph 2 of subsection 25 (6).

3. Subclause 27 (1) (a) (ii). O. Reg. 215/20, s. 1.

(2) While this Regulation is in force, if the 90-day time period set out in the provisions referred to in subsection (1) expired on or after March 1, 2020 and before the day this Regulation came into force, the time period is deemed to have been met if the order under section 259 of the Criminal Code (Canada) is made within 282 days of the date of the offence. O. Reg. 215/20, s. 1.

(3) In this section, a reference to section 259 of the Criminal Code (Canada) includes any successor provision to that section. O. Reg. 215/20, s. 1.

Part IV (OMITTED)

11. Omitted (provides for coming into force of provisions of this Regulation).