O. Reg. 204/10: DEMERIT POINT SYSTEM

 

ontario regulation 204/10

made under the

highway traffic act

Made: June 2, 2010
Filed: June 4, 2010
Published on e-Laws: June 8, 2010
Printed in The Ontario Gazette: June 19, 2010

Amending O. Reg. 339/94

(Demerit Point System)

1. (1) The definition of “probationary driver” in subsection 1 (1) of Ontario Regulation 339/94 is revoked.

(2) Subsection 1 (4) of the Regulation is amended by striking out “the Photo Card portion of the licence” at the end and substituting “a licence card that has been marked by the Ministry as valid only to show the driver’s photograph”.

2. Section 3 of the Regulation is revoked and the following substituted:

3. (1) If a person is convicted of an offence or two or more offences arising out of the same circumstances and the penalty imposed by the court includes a period of licence suspension, no demerit points shall be recorded.

(2) If a person is convicted of two or more offences arising out of the same circumstances and the penalty imposed by the court does not include a period of licence suspension, demerit points shall only be recorded for the conviction carrying the greatest number of points.

3. Subsection 4 (3) of the Regulation is amended by striking out “under subsection 28 (6)” in the portion before clause (a) and substituting “under subsection 28 (1)”.

4. Subsection 8 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may suspend or cancel the person’s driver’s licence,

. .  . . .

5. Sections 10, 11, 12, 13 and 14 of the Regulation are revoked.

6. Section 15 of the Regulation is revoked and the following substituted:

15. (1) The Registrar shall mail a notice to a novice driver at his or her latest address on the records of the Ministry setting out the reason for the notice, the circumstances under which his or her licence may be suspended and any other action the Ministry may take if, within any two- year period, the novice driver accumulates two, three, four or five demerit points.

(2) A failure to give notice under subsection (1) does not render any further proceeding under this Regulation ineffective.

7. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:

(1) The Registrar may require a novice driver to attend an interview before a Ministry official at a designated time and place if, within any two-year period, the novice driver accumulates six, seven or eight demerit points.

(2) Subsection 16 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) The Minister may suspend or cancel the person’s driver’s licence,

. . . . .

8. Subsection 18 (2) of the Regulation is revoked.

9. This Regulation comes into force on the later of August 1, 2010 and the day this Regulation is filed.