Update:
This most recent Bill affects three (3) Acts currently on the books in Ontario. It affects the Highway Traffic Act, R.S.O. 1990, the Road Safety Act, 1996, and the Red Tape Reduction Act, 1999. Bill 126 has been enacted as Chapter 5 of the Statutes of Ontario, 2009.
What changes have been made to the Highway Traffic Act (the H.T.A) as a result of the enactment of Bill 126?:
Bill 126 increases many of the financial fines under the H.T.A (sections 106, 130,144 & 146 and 200):
Seatbelts – see Section 106 of the H.T.A – fine was $60 to $500 (see general penalty) increases to $200 to $1,000
Careless Driving - see Section 130 of the H.T.A – fine was $200 to $1,000 increases to $400 to $2,000
Failure to Stop at Red Light/Red Light Camera – see Sections 144 & 146 of the H.T.A – fine was $150 to $500 this fine increases to $200 to $1,000.00
Duty of person in charge of vehicle in case of accident (remain or immediately return to scene of accident, render all possible assistance and provide particulars upon request) – see Penalty Section 200 (2) of the H.T.A. – fine was $200 to $1,000 increases to $400 to $2,000.00
There have been a number of changes to the Highway Traffic Act, through this Bill, which are aimed at drinking and drugged driving:
Novice Drivers and Young Drivers must drive without any alcohol in their system. If they fail to do so, they will be looking at a fine of anywhere between sixty dollars ($60.00) and five hundred dollars ($500.00) if convicted of violating this new section 44.1 of the H.T.A. A young driver is defined as a driver younger than twenty-two (22) years of age. If a young driver is pulled over and it is discovered that he/she has alcohol in their system, they will be charged and in addition to the fine reflected above, upon conviction, their driver’s licence will be suspended for thirty (30) days. Novice driver’s, upon conviction will be fined and could have their licence cancelled, reclassified or suspended.
A new section, section 48.2.1 has been introduced through this Bill, in the H.T.A. and section 48.2.1 authorizes an administrative driver’s licence suspension of a Young Driver, driving with alcohol in his/her system. If a police officer requests a Young Driver’s breath sample and the test of the sample indicates the “Presence of Alcohol” in his/her system or if the Young Driver refuses a request for a breath sample, his or her driver’s licence will be suspended for a period of twenty four (24) hours. If the same sample of breath indicates a “Warn” or “Alert” the Young Driver’s driver licence would be suspended. The suspensions would get progressively worse. The first suspension would be a three (3) day suspension, the second suspension would be a seven (7) day suspension and the third suspension would be for a period of thirty (30) days
Sections 48.3 & 50.01 of the H.T.A. have been modified to allow police officers to demand a breath sample (with a Provincially Approved Screening Device), a blood sample, a saliva sample, a urine sample from a motorist suspected of being impaired or under the influence of drugs or to conduct a Standardized Field Sobriety Test. These modifications to the language of the H.T.A. are consistent with the present practices of police officers via section 254 of the Criminal Code of Canada.
Impoundment of vehicles (administrative): to continue see
Section 55.1 of the Act currently provides for progressive periods of impoundment of a motor vehicle (45 days for the first impoundment, 90 days for a second impoundment and 180 days for a subsequent impoundment) if a person drives while his or her driver’s licence is under suspension under sections 41, 42 or 43 of the Act. This section is re-enacted to make the impoundment effective upon the police officer or officer appointed for carrying out the provisions of the Act detaining the vehicle and not upon an order of impoundment being issued by the Registrar.
New section 55.2 (1) is added to the Act to provided for a shorter impoundment period of seven days if a person drives while his or her driver’s licence is under suspension other than sections 32, 41, 42, 43, 46 or 47 of the Act.
Section 159.1 of the H.T.A. sets out penalties for approaching or following emergency vehicles (1st offence-fine of $400 up to $2,000, 2nd offence-fine of $1,000 up to $4,000 and imprisonment up to 6 months or to both and a suspension of the driver’s licence up for a period up to 2 years). Section 159 does not contain the sanctions clearly set out in Section 159.1; as a result of Bill 126, both sections of the H.T.A will contain the same sanctions.
What is Bill 126 all about ?- see the following:
Legislative History of Bill 126:
| April 23, 2009 | Royal Assent | Royal Assent received | |
| April 21, 2009 | Third Reading | Carried on Division | |
| April 21, 2009 | Third Reading | Debate | |
| April 08, 2009 | Third Reading | Debate | |
| April 02, 2009 | Ordered for Third Reading | ||
| April 02, 2009 | Reported as amended | ||
| April 01, 2009 | Consideration of a Bill | Standing Committee on General Government | |
| March 23, 2009 | Consideration of a Bill | Standing Committee on General Government | |
| March 11, 2009 | Consideration of a Bill | Standing Committee on General Government | |
| March 09, 2009 | Consideration of a Bill | Standing Committee on General Government | |
| December 10, 2008 | Ordered referred to Standing Committee | Standing Committee on General Government | |
| December 10, 2008 | Second Reading | Carried on Division | |
| December 10, 2008 | Second Reading | Debate | |
| December 08, 2008 | Second Reading | Debate | |
| December 04, 2008 | Second Reading | Debate | |
| December 03, 2008 | Second Reading | Debate | |
| November 18, 2008 | First Reading | Carried |
Ontario’s tough new impaired driving laws take effect Friday.
As of May 1, a driver caught with a blood alcohol level between 0.05 to 0.08 – the so-called warn range – will have their licence suspended for three days.
If caught with a similar level of booze in their system a second time, their licence will be suspended for seven days and the driver will have to attend an alcohol education program.
If caught a third time, the driver’s licence will be suspended for 30 days, and the motorist will have to complete a remedial alcohol treatment program.
Drivers caught a third time will also have an ignition interlock condition placed on their licence for six months.
That means the suspended motorists cannot drive any vehicle that does not have an ignition interlock device installed.
The roadside licence suspensions cannot be appealed and will be recorded on the driver’s record.
The suspensions will be considered when determining consequences for subsequent infractions for up to five years.
Previously, drivers received only a 12-hour licence suspension for blowing a blood alcohol level between 0.05 and 0.08, no matter how many times they were caught.
Another Ontario law that would impose a zero blood-alcohol limit on all drivers 21 and under isn’t expected to come into effect until the summer of 2010.
Ontario is now boasting that it has the safest highways in North America and that the fatality rates on Ontario Highways are the lowest, in 78 years (since 1931).
