O. Reg. 678/20: CONDUCT REVIEW PROGRAMS

 

ontario regulation 678/20

made under the

Highway Traffic Act

Made: November 26, 2020
Filed: November 27, 2020
Published on e-Laws: November 27, 2020
Printed in The Ontario Gazette: December 12, 2020

Amending O. Reg. 287/08

(CONDUCT REVIEW PROGRAMS)

1. (1) Subparagraph 1 i of subsection 2 (1) of Ontario Regulation 287/08 is revoked.

(2) Subparagraph 1 v of subsection 2 (1) of the Regulation is revoked and the following substituted:

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) (c), (d) or (e) of the Act.

2. Subsection 19.2 (2) of the Regulation is revoked and the following substituted:

(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 clause 41 (1) (c) of the Act.

3. Subsection 19.3 (6) of the Regulation is revoked and the following substituted:

(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) (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.

4. Section 23 of the Regulation is amended by striking out “subsection 259 (1.1)” and substituting “subsection 320.18 (2)”.

5. (1) Subclauses 25 (1) (a) (i) and (ii) of the Regulation are revoked and the following substituted:

(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) (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) (c) of the Act; and

(2) Subclause 25 (1) (b) (ii) of the Regulation is amended by striking out “section 259” and substituting “subsection 320.24 (10)”.

(3) Subsection 25 (2) of the Regulation is revoked and the following substituted:

(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 described in clause 41 (1) (c) of the Act and the offence involves the causation of bodily harm or death.

(4) Subsection 25 (3) of the Regulation is amended by striking out “section 259” and substituting “section 320.24”.

(5) Subsections 25 (5) and (6) of the Regulation are revoked and the following substituted:

(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 320.24 (10) 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 320.24 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 320.24 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 subclause (5) (b) (i) shall instead be a day that is at least three months after the person is made subject to an order under section 320.24 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 320.24 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 320.24 (10) of the Criminal Code (Canada), the person submits an application that is satisfactory to the Registrar.

6. Subclauses 27 (1) (a) (ii) and (iii) of the Regulation are revoked and the following substituted:

(ii) is then made subject to an order under section 320.24 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 320.24 (10) of the Criminal Code (Canada), submits an application that is satisfactory to the Registrar; or

Commencement

7. This Regulation comes into force on the latest of,

(a) the day subsection 7 (4) of Schedule 1 to the Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019 comes into force;

(b) December 1, 2020; and

(c) the day this Regulation is filed.