O. Reg. 163/10: Conduct Review Programs

filed May 14, 2010 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 163/10

made under the

highway traffic act

Made: May 12, 2010
Filed: May 14, 2010
Published on e-Laws: May 17, 2010
Printed in The Ontario Gazette: May 29, 2010

Amending O. Reg. 287/08

(Conduct Review Programs)

1. Section 2 of Ontario Regulation 287/08 is amended by adding the following paragraph:

3. A person who is required to participate in an ignition interlock conduct review program under Part IV of this Regulation.

2. The heading to Part II and the subheading immediately before section 9 of the Regulation are revoked and the following substituted:

PART II
ignition interlock conduct review programs — GENERAL

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

Application

9.1 This Part applies to all participants in an ignition interlock conduct review program under this Regulation.

4. Sections 11, 12 and 13 of the Regulation are revoked and the following substituted:

Licence subject to condition

11. (1) The driver’s licence of a person required to participate in an ignition interlock conduct review program under this Regulation is subject to the condition that he or she is prohibited from driving any motor vehicle that is not equipped with an ignition interlock device.

(2) The ignition interlock device referred to in subsection (1) shall be installed by an authorized person and shall bear an approval sticker.

Approved ignition interlock device

12. An ignition interlock device that meets the following requirements is an approved ignition interlock device for the purposes of section 41.2 of the Act:

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

2. The device meets the requirements of section 2 of Ontario Regulation 251/02 (Ignition Interlock Devices) made under the Act.

Programs may vary across province

13. An ignition interlock conduct review program under this Regulation, or any feature of such a program, may differ in its content, duration and method of delivery in different parts of Ontario.

5. Subsection 15 (1) of the Regulation is revoked and the following substituted:

Performance standards

(1) A person who, as part of an ignition interlock conduct review program under this Regulation, carries out the installation, inspection or maintenance of an ignition interlock device, shall notify each participant of the attendance and performance standards for the program before beginning the installation.

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

Request for installation to be in writing

(1) A person whom the Registrar has required to participate in an ignition interlock conduct review program under Part III may request an authorized person to install the device in the motor vehicle and the request shall be made in writing.

(1.1) A person whom the Registrar has required to participate in an ignition interlock conduct review program under Part IV shall request an authorized person to install the device in the motor vehicle and the request shall be made in writing.

7. Clause 16 (2) (c) of the Regulation is revoked and the following substituted:

(i) that the device is not tampered with by any person,

(ii) that the device is not removed without authorization, and

(iii) that the performance standards referred to in section 15 are met.

8. The heading immediately before section 20 of the Regulation is revoked and the following substituted:

PART III
IGNITION INTERLOCK LICENCE CONDITION IMPOSED FOR SUSPENSION UNDER SECTION 48 OF THE ACT

9. Section 20 of the Regulation is revoked and the following substituted:

Definition

20. In this Part,

“authorized person” means a person authorized by the Minister to install, inspect and maintain ignition interlock devices for the purposes of this Part.

Required participation in program

20.1 A person whose driver’s licence has been suspended under section 48 of the Act may be required, if the suspension is the person’s third or subsequent suspension under that section, to participate in an ignition interlock conduct review program under this Part.

10. (1) Subsection 21 (1) of the Regulation is amended by striking out “under section 20” and substituting “under this Part”.

(2) Clause 21 (2) (a) of the Regulation is revoked and the following substituted:

(a) the ignition interlock device has been tampered with or has been removed without authorization;

(3) Clause 21 (2) (c) of the Regulation is amended by striking out “section 11” at the end and substituting “subsection 11 (1)”.

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

(b) the person has complied with the ignition interlock condition described in subsection 11 (1); and

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

PART IV
REINSTATEMENT UNDER SUBSECTION 41 (4.1) OF THE ACT AND MANDATORY INSTALLATION OF AN IGNITION INTERLOCK DEVICE

Ignition interlock conduct review program

23. The ignition interlock conduct review program described in this Part is established for the purposes of subsection 259 (1.1) of the Criminal Code (Canada).

Exemption from certain provisions of Act

24. A person who is required to participate in an ignition interlock conduct review program under this Part is exempt from subsections 41.2 (1), (5) and (9) of the Act.

Required participation in program

25. (1) A person may be required to participate in an ignition interlock conduct review program under this Part if,

(a) on or after August 3, 2010, the person’s driver’s licence is suspended 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; and

(b) the Registrar is satisfied that,

(i) the circumstances of the offence did not involve impairment of the person caused by a drug other than alcohol, or caused by a combination of substances that included drugs other than alcohol,

(ii) an order was made under section 259 of the Criminal Code (Canada) concerning the person and the order does not exclude the person from participating in an ignition interlock conduct review program under this Part,

(iii) the person has completed and signed the written request referred to in subsection 16 (1.1),

(iv) the person has completed the preliminary assessment referred to in subsection 1 (1),

(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 clause (a),

(vi) the person’s driver’s licence was not, on the date of the offence, subject to a condition requiring the use of an ignition interlock device, and

(vii) the person’s driver’s licence has not previously been reinstated under subsection 41.1 (2) of the Act.

(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 under section 255 of the Criminal Code (Canada) as described in clause 41 (1) (b.1) of the Act and the offence involves the causation of bodily harm or death.

(3) 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 at least six months after the person is made subject to an order under section 259 of the Criminal Code (Canada).

(4) Where a person meets the following requirements, the date described in clause (3) (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 under subsection 41 (4.1) of the Act that is satisfactory to the Registrar.

(5) Where the date of the offence is earlier than August 3, 2010 and a person meets the following requirements, the date described in clause (3) (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 on or before November 1, 2010.

Installation required after reinstatement

26. A person required to participate in an ignition interlock conduct review program under this Part shall, within 30 days of the reinstatement of his or her driver’s licence, have an ignition interlock device installed in a motor vehicle by an authorized person.

Installation period

27. (1) A person required to participate in an ignition interlock conduct review program under this Part 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 under subsection 41 (4.1) of the Act that is satisfactory to the Registrar; or

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

(2) Despite subsection (1), where the date of the offence is earlier than August 3, 2010, the person 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 on or before November 1, 2010, and

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

(3) The installation period continues until the requirements for successful completion of the program are met.

(4) The Registrar may extend the installation period by three months after any date on which the Registrar is satisfied that,

(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.

Licence suspension

28. (1) A participant’s driver’s licence may be suspended under section 57 of the Act if the Registrar is satisfied that,

(a) the participant failed to install an ignition interlock device within 30 days of the date of reinstatement of his or her driver’s licence under subsection 41 (4.1) of the Act;

(b) the ignition interlock device has been tampered with or has been removed without authorization;

(d) the participant has failed to comply with section 17;

(e) the participant’s driver’s licence is suspended under section 41 or 42 of the Act;

(f) the participant’s driver’s licence is suspended under section 48 or 48.3 of the Act; or

(g) the participant is convicted of an offence under the Act, or under the regulations made under the Act, for having a level of blood alcohol concentration in excess of a limit prescribed by the Act or the regulations made under the Act.

(2) The suspension of a participant’s driver’s licence under subsection (1) shall continue for a period of time that is the same as the period of time for which the driver’s licence suspension under section 41 of the Act would have continued had the person’s driver’s licence not been reinstated under subsection 41 (4.1) of the Act.

(3) The suspension of a participant’s driver’s licence under subsection (1) shall continue until such time as the person completes the remedial measures program under Part I.

(4) A person whose driver’s licence is suspended under subsection (1) is not eligible to re-apply for admission into, or to continue to participate in, an ignition interlock program under this Part, other than for the purposes of complying with subsection (5).

(5) Upon reinstatement of a person’s driver’s licence at the end of a suspension under subsection (1),

(a) the licence is subject to the condition referred to in subsection 11 (1) for a period of at least one year; and

(b) the Registrar shall not remove that condition until at least 12 months have passed after any date on which the Registrar is satisfied that,

(i) the person failed to comply with the ignition interlock condition referred to in subsection 11 (1),

(ii) the ignition interlock device had been tampered with or had been removed without authorization, or

(iii) the person failed to comply with section 17.

Successful completion of program

29. A participant in an ignition interlock conduct review program under this Part completes it successfully if the Registrar is satisfied that,

(a) the authorized person who conducted the installation, inspection and maintenance of the ignition interlock device has reported that the participant successfully completed the program;

(b) the participant has successfully completed the installation period applicable to him or her, including any extension;

(d) on the day of the last appointment for the inspection and maintenance required under section 17, the participant’s driver’s licence is not suspended;

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

(f) the participant has successfully completed any remedial measures conduct review program in which he or she was required to participate under Part I.

13. This Regulation comes into force on the later of August 3, 2010 and the day this Regulation is filed.

O. Reg. 163/10: Conduct Review Programs

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