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O. Reg. 334/18: CONDUCT REVIEW PROGRAMS

filed April 25, 2018 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 334/18

made under the

Highway Traffic Act

Made: April 18, 2018
Filed: April 25, 2018
Published on e-Laws: April 25, 2018
Printed in The Ontario Gazette: May 12, 2018

Amending O. Reg. 287/08

(CONDUCT REVIEW PROGRAMS)

1. The following provisions of Ontario Regulation 287/08 are amended by striking out “under this Regulation” wherever it appears and substituting in each case “under this Part”:

1. Subsection 2 (1), in the portion before paragraph 1.

2. Subsection 3 (1).

3. Section 4, in the portion before clause (a).

4. Subsection 5 (1).

5. Sections 6, 7 and 8.

2. Subsection 2 (2) of the Regulation is revoked and the following substituted:

(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 48.0.2 (2).

4. Subsection 48.0.3 (2).

5. Subsection 48.0.4 (2).

6. Subsection 48.1 (5).

7. Subsection 48.2.1 (10).

8. Subsection 48.2.2 (10).

9. Subsection 48.3 (2).

10. Subsection 48.3.1 (3).

3. The Regulation is amended by adding the following the following Part:

PART I.1
REMEDIAL MEASURES CONDUCT REVIEW PROGRAM FOR DRIVERS SUSPENDED FOR OTHER DRIVING OFFENCES

Features of remedial measures conduct review program

8.1 (1) A person whose driver’s licence has been suspended under clause 41 (1) (a), (b), (d) or (e) of the Act may be required to participate in a remedial measures conduct review program under this Part.

(2) The program consists of an interview with an official of the Ministry and appropriate remedial education or training programs.

(3) A person has successfully completed a remedial measures conduct review program under this Part if,

(a) the official of the Ministry who conducted the interview reports to the Registrar that the participant successfully completed the interview; and

(b) for each remedial education or training 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.

4. Section 12 of the Regulation is revoked and the following substituted:

Ignition interlock device

12. An ignition interlock device shall meet the following requirements:

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

2. The device has a sticker satisfactory to the Ministry affixed to it.

3. The device uses alcohol-specific sensing technology that will not permit a false reading based on the introduction of another substance.

4. The device meets the standards set out in the document “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)”, published by the National Highway Traffic Safety Administration, Department of Transportation, Docket No. NHTSA-2013-0058, available on the Internet through the website of the Federal Register of the United States Government.

5. Section 14 of the Regulation is amended by adding the following subsection:

(2) Despite anything in this Part, the Registrar may consider an ignition interlock conduct review program that a person has successfully completed in another province or territory of Canada or in a state of the United States of America to be equivalent to an ignition interlock conduct review program under this Part, and in such a case the Registrar may remove an ignition interlock condition imposed under this Regulation.

6. Subsection 16 (1) is amended by striking out “Part III” and substituting “this Part or Part III”.

7. The Regulation is amended by adding the following sections before Part III:

Concurrent periods of ignition interlock conditions

19.1 Where an ignition interlock condition is imposed on a person’s driver’s licence under more than one provision of this Regulation,

(a) the periods of required participation in an ignition interlock conduct review program, including any extension, run concurrently; and

(b) the Registrar may extend the period during which the driver’s licence is subject to an ignition interlock condition under one provision of this Regulation until the end of the corresponding period under another provision of this Regulation.

Reduction of indefinite suspension

19.2 (1) Where a driver’s licence has been suspended indefinitely under clause 41 (1) (h) of the Act for a second subsequent conviction, the Registrar may, after 10 years, reduce the period of suspension and reinstate the driver’s licence if the Registrar is satisfied that the person,

(a) has successfully completed the remedial program or programs he or she is required to complete under this Regulation;

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

(c) has not pleaded guilty, been found guilty or been convicted under a provision referred to in subsection 42 (1) of the Act during the immediately preceding 10-year period; and

(d) has not contravened the suspension during the immediately preceding 10-year period.

(2) Where a driver’s licence is reinstated under subsection (1), the licence shall be subject to an ignition interlock condition under subsection 11 (1) for not less than six years after the reinstatement if any of the three convictions that gave rise to the indefinite suspension under clause 41 (1) (h) of the Act were for provisions referred to in clauses 41 (1) (b.1) or (c) of the Act.

(3) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in subsection (2) by three years if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(4) The Registrar shall not remove the ignition interlock condition unless he or she is satisfied that the person has successfully completed any examinations that he or she is required to complete pursuant to subsection 32 (5) of the Act, including examinations mentioned under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act.

(5) This section applies with necessary modifications to a person whose driver’s licence has been suspended indefinitely under clause 41 (1) (h) of the Act in respect of an offence described in clause 41 (1) (d) of the Act that was related to impaired driving.

Ignition interlock condition upon reinstatement

19.3 (1) Where a driver’s licence is reinstated after a suspension under clause 41 (1) (f) of the Act for a first conviction, the licence shall be subject to an ignition interlock condition under subsection 11 (1) of this Regulation for not less than one year after the reinstatement.

(2) Where a driver’s licence is reinstated after a suspension under clause 41 (1) (g) of the Act for a first subsequent conviction, the licence shall be subject to an ignition interlock condition under subsection 11 (1) of this Regulation for not less than three years after the reinstatement.

(3) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in subsection (1) by six months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(4) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in subsection (2) by 18 months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(5) The Registrar shall not remove the ignition interlock condition unless he or she is satisfied that the person has successfully completed any examinations that he or she is required to complete pursuant to subsection 32 (5) of the Act, including examinations mentioned under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act.

(6) Despite subsection (2), where a person’s driver’s licence has been suspended for a period of three years pursuant to clause 41 (1) (g) of the Act, but only one of the person’s two convictions was for an offence described in clause 41 (1) (b.1) or (c) of the Act, the licence shall be subject to an ignition interlock condition under subsection 11 (1) of this Regulation for not less than one year after the reinstatement, and subsections (3) and (5) of this section apply to the person, with necessary modifications.

(7) This section applies, with necessary modifications, to a person whose driver’s licence has been suspended indefinitely under clause 41 (1) (f) or (g) of the Act in respect of an offence described in clause 41 (1) (d) of the Act that was related to impaired driving.

Transitional

19.4 (1) Any ignition interlock condition that was imposed on a driver’s licence under section 41.2 of the Act before that section was repealed by section 7 of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 and that was in effect on the day of its repeal, is replaced with an ignition interlock condition under subsection 11 (1) of this Regulation.

(2) Subject to subsections (3), (4) and (5) the Registrar may remove the ignition interlock condition from a driver’s licence,

(a) one year after the condition was originally imposed under subsection 41.2 (1) of the Act;

(b) three years after the condition was originally imposed under subsection 41.2 (5) of the Act; or

(c) six years after the condition was originally imposed under subsection 41.2 (9) of the Act.

(3) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in clause (2) (a) by six months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(4) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in clause (2) (b) by 18 months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(5) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in clause (2) (c) by three years if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(6) The Registrar shall not remove the ignition interlock condition unless he or she is satisfied that the person has successfully completed any examinations that he or she is required to complete pursuant to subsection 32 (5) of the Act, including examinations mentioned under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act.

8. Subsection 20.1 (2) of the Regulation is revoked and the following substituted:

(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 48.0.2 (2).

4. Subsection 48.0.3 (2).

5. Subsection 48.0.4 (2).

6. Subsection 48.1 (5).

7. Subsection 48.2.1 (10).

8. Subsection 48.2.2 (10).

9. Subsection 48.3 (2).

10. Subsection 48.3.1 (3).

9. Subsections 21 (4), (5) and (6) of the Regulation are revoked.

10. Section 22 of the Regulation is revoked and the following substituted:

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

(b) the participant has successfully completed the period of required participation, including any extension.

11. The heading to Part IV of the Regulation is amended by striking out “subsection 41 (4.1)” and substituting “section 57”.

12. Section 24 of the Regulation is revoked.

13. (1) Clause 25 (1) (a) of the Regulation is revoked and the following substituted:

(a) the person’s driver’s licence is suspended,

(i) 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, or

(ii) for a period of three years pursuant to clause 41 (1) (g) of the Act for an offence that took place on or after July 1, 2018 and that is described in clause 41 (1) (b.1) or (c) of the Act; and

(2) Subclause 25 (1) (b) (v) of the Regulation is revoked and the following substituted:

(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 subclause (a) (i) of this subsection,

(v.1) the person’s driver’s licence has not been suspended under section 42 of the Act within the 10 years preceding the suspension referred to in subclause (a) (ii) of this subsection,

(3) Subclause 25 (1) (b) (vii) of the Regulation is revoked and the following substituted:

(vii) the person’s driver’s licence has not previously been reinstated after having been suspended under clause 41 (1) (h) of the Act for a second subsequent conviction.

(4) Subsections 25 (3), (4) and (5) of the Regulation are revoked and the following substituted:

(3) A person is not eligible to participate in an ignition interlock conduct review program under subclause (1) (a) (ii) unless the person enters a plea of guilty to the offence, and 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.

(4) A person is not eligible to participate in an ignition interlock conduct review program under this Part if he or she has not completed all of the preliminary assessment, remedial education or treatment programs of any remedial measures conduct review program in which he or she was required to participate.

(5) 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,

(i) at least six months after the person is made subject to an order under section 259 of the Criminal Code (Canada) in respect of a suspension referred to in subclause (1) (a) (i) of this section; or

(ii) at least nine months after the person is made subject to an order under section 259 of the Criminal Code (Canada) in respect of a suspension referred to in subclause (1) (a) (ii) of this section.

(6) Where a person meets the following requirements, the date described in clause (5) (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 that is satisfactory to the Registrar.

14. (1) Subsections 27 (1) and (2) of the Regulation are revoked and the following substituted:

Installation period

(1) A person required to participate in an ignition interlock conduct review program in respect of a suspension referred to in subclause 25 (1) (a) (i) 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 that is satisfactory to the Registrar; or

(b) for a minimum of 12 months, in any other case.

(2) A person required to participate in an ignition interlock conduct review program in respect of a suspension referred to in subclause 25 (1) (a) (ii) shall have an ignition interlock device installed in a motor vehicle for a minimum of 18 months.

(2) Subsections 27 (4) and (5) of the Regulation are revoked and the following substituted:

(4) The Registrar may extend the installation period in respect of a suspension referred to in subclause 25 (1) (a) (i) by three months if the Registrar is satisfied that, within the last three months of the installation period,

(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.

(5) The Registrar may extend the installation period in respect of a suspension referred to in subclause 25 (1) (a) (ii) by six months if the Registrar is satisfied that, within the last six months of the installation period,

(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.

(6) Where a person’s driver’s licence is subject to an ignition interlock condition pursuant to subclause 25 (1) (a) (i) or (ii), the Registrar may extend the period during which the driver’s licence shall be subject to the ignition interlock condition by three months if, any time during the installation period, the person’s driver’s licence is suspended under any of the following provisions of the Act:

1. Subsection 48 (4).

2. Subsection 48.0.1 (3).

3. Subsection 48.0.2 (2).

4. Subsection 48.0.3 (2).

5. Subsection 48.0.4 (2).

6. Subsection 48.1 (5).

7. Subsection 48.2.1 (10).

8. Subsection 48.2.2 (10).

9. Subsection 48.3 (2).

10. Subsection 48.3.1 (3).

15. (1) Clause 28 (1) (a) of the Regulation is revoked and the following substituted:

(a) the person failed to install an ignition interlock device within 30 days of the date of reinstatement of his or her driver’s licence under this Regulation;

(2) Clauses 28 (1) (f) and (g) of the Regulation are revoked.

(3) Subsection 28 (2) of the Regulation is amended by striking out “under subsection 41 (4.1) of the Act” at the end and substituting “under this Regulation”.

(4) Subsection 28 (5) of the Regulation is revoked and the following substituted:

(5) Upon reinstatement of a person’s driver’s licence at the end of a suspension under subsection (1), the licence shall be subject to an ignition interlock condition under subsection 11 (1) for a period of at least,

(a) one year, in the case of a person whose suspension was originally imposed under clause 41 (1) (f) of the Act; and

(b) three years, in the case of a person whose suspension was originally imposed under clause 41 (1) (g) of the Act.

(6)  The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in clause (5) (a) by six months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(7) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in clause (5) (b) by 18 months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

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

(c) the person has failed to comply with the ignition interlock condition referred to in subsection 11 (1).

(8) The Registrar shall not remove the ignition interlock condition unless he or she is satisfied that the person has successfully completed any examinations that he or she is required to complete pursuant to subsection 32 (5) of the Act, including examinations mentioned under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act.

16. (1) Clause 29 (c) of the Regulation is revoked.

(2) Clause 29 (e) of the Regulation is revoked and the following substituted:

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

Commencement

17. This Regulation comes into force on the later of the day subsection 6 (2) of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 comes into force and the day this Regulation is filed.