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O. Reg. 193/16: CONDUCT REVIEW PROGRAMS

filed June 9, 2016 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 193/16

made under the

Highway Traffic Act

Made: June 1, 2016
Filed: June 9, 2016
Published on e-Laws: June 9, 2016
Printed in The Ontario Gazette: June 25, 2016

Amending O. Reg. 287/08

(CONDUCT REVIEW PROGRAMS)

1. (1) Paragraph 2 of section 2 of Ontario Regulation 287/08 is revoked and the following substituted:

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.

(2) Section 2 of the Regulation is amended by adding the following subsections:

(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).

(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).

2. (1) Subsection 5 (2) of the Regulation is amended by striking out “section 2” in the portion before clause (a) and substituting “subsection 2 (1)”.

(2) Clauses 5 (2) (a) and (b) of the Regulation are revoked and the following substituted:

(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).

3. The heading to Part III of the Regulation is revoked and the following substituted:

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

4. Section 20.1 of the Regulation is revoked and the following substituted:

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.

(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).

(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).

5. Section 27 of the Regulation is amended by adding the following subsection:

(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.

6. Subsection 28 (2) of the Regulation is amended by striking out “section 41” and substituting “section 41 or 43”.

Commencement

7. This Regulation comes into force on the later of October 2, 2016 and the day it is filed.