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ontario regulation 205/10

made under the

highway traffic act

Made: June 2, 2010
Filed: June 4, 2010
Published on e-Laws: June 8, 2010
Printed in The �������� Gazette: June 19, 2010

Amending O. Reg. 340/94

(Drivers’ Licences)

1. (1) Subsection 1 (1) of �������� Regulation 340/94 is amended by adding the following definition:

“Demerit Point Regulation” means �������� Regulation 339/94 (Demerit Point System) made under the Act;

(2) The definition of “fully licensed driver” in subsection 1 (1) of the Regulation is amended by striking out “or classed as a probationary driver” at the end.

(3) Subsection 1 (3) of the Regulation is revoked and the following substituted:

(3) A reference in this Regulation to the expression “accumulated demerit points” is a reference to that expression as defined in the Demerit Point Regulation.

2. (1) Paragraph 1 of subsection 5 (1) of the Regulation is revoked.

(2) Clause 5 (2) (b) of the Regulation is amended by striking out “except if the person is licensed as a driving instructor in ��������” at the end.

(3) Subsection 5 (3) of the Regulation is revoked.

3. (1) Paragraph 1 of subsection 6 (1) of the Regulation is revoked.

(2) Paragraph 1 of subsection 6 (1.1) of the Regulation is revoked.

4. Paragraph 1 of section 7 of the Regulation is revoked.

5. Section 8 of the Regulation is revoked.

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

9. (1) The Registrar shall, after giving notice, suspend or cancel the driver’s licence of a novice driver as provided in subsection (2) in the following circumstance:

1. The novice driver is convicted of any of the offences described in subsection (3).

(2) Subject to subsections (4) and 10 (5), the Registrar shall,

(a) upon a novice driver’s first conviction for any of the offences, suspend the driver’s licence of the person for 30 days;

(b) upon a novice driver’s second conviction for any of the offences, suspend the driver’s licence of the person for 90 days; and

(c) upon a novice driver’s third conviction for any of the offences, cancel the driver’s licence of the person.

(3) Subsection (1) applies with respect to any of the following offences:

1. An offence under subsection 44.1 (3) of the Act.

2. A contravention of any of the conditions specified in section 5, 6 or 7 of this Regulation.

3. An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded.

4. An offence under subsection 216 (3) of the Act.

(4) If a novice driver is convicted of two or more offences arising out of the same circumstances and two or more of these offences are offences described in subsection (3), only one conviction shall be counted for the purposes of subsection (2).

(5) In determining whether a conviction is a second, third or subsequent conviction for the purposes of this section and section 10, the only question to be considered is the sequence of the convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

10. (1) Subsection 9 (1) does not apply with respect to a conviction for an offence, if the offence occurs after a person’s driver’s licence is cancelled as described in clause 9 (2) (c) but before the person reapplies for a class G1 or M1 driver’s licence, as the case may be.

(2) Subsection 9 (1) does not apply with respect to a conviction that occurred before the day section 6 of �������� Regulation 205/10 comes into force.

(3) Subsection 9 (1) does not apply with respect to a conviction for an offence described in paragraph 3 or 4 of subsection 9 (3), if at the time of the offence,

(a) the holder of a Class G1 or G2 driver’s licence also holds a Class M driver’s licence; or

(b) the holder of a Class M1 or M2 driver’s licence also holds a Class A, B, C, D, E, F or G driver’s licence.

(4) Clause 9 (2) (b) or (c) does not apply when the second, third or subsequent conviction is more than five years after the previous conviction.

(5) If the holder of a Class G1 or G2 driver’s licence is a fully licensed driver in Class M or if the holder of a Class M1 or M2 driver’s licence is a fully licensed driver in Class A, B, C, D, E, F or G, as the case may be, the Registrar shall only cancel the person’s Class G1, G2, M1 or M2 driver’s licence, as the case may be, as described in clause 9 (2) (c).

(6) If the holder of a Class G1, G2, M1 or M2 driver’s licence is convicted of a third offence described in subsection 9 (3) and subsequently becomes a fully licensed driver in Class G or M, as the case may be, before the Registrar receives notice of the person’s third conviction, the Registrar shall not cancel the person’s driver’s licence as described in clause 9 (2) (c) but shall instead suspend the licence for 90 days.

11. (1) The Registrar shall state the effective date of the licence suspension or cancellation in the notice given under subsection 9 (1).

(2) The period of licence suspension under subsection 9 (1) is concurrent with the unexpired portion of any other licence suspension under the Act or this Regulation or under any other authority.

(3) A licence suspended under subsection 9 (1) shall not be reinstated,

(a) in the case of a suspension described in clause 9 (2) (a), until 30 days have elapsed from the date the licence is surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first; or

(b) in the case of a suspension described in clause 9 (2) (b), until 90 days have elapsed from the date the licence is surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

(4) Despite anything in this Regulation, a person whose Class G1, G2, M1 or M2 driver’s licence has been cancelled as described in clause 9 (2) (c),

(a) shall be required to reapply for a driver’s licence; and

(b) shall be classed as a G1 or M1 driver without the benefit of any time previously earned in Class G1 or M1, as the case may be.

(5) Fees paid by a person under subsection 26 (1) with respect to a Class G1, G2, M1 or M2 driver’s licence that is cancelled as described in clause 9 (2) (c) are not refundable and may not be credited towards any subsequent fee payable by the person for any driver’s licence applied for by the person.

(6) If a driver’s licence is suspended or cancelled under subsection 9 (1) in respect of a conviction for an offence described in paragraph 3 of subsection 9 (3), no demerit points shall be recorded in respect of that conviction, despite section 2 and subsection 3 (2) of the Demerit Point Regulation.

(7) If a person is convicted of an offence described in paragraph 3 of subsection 9 (3) that occurs after the person’s driver’s licence is cancelled as described in clause 9 (2) (c) but before the person reapplies for a class G1 or M1 driver’s licence, as the case may be, no demerit points shall be recorded in respect of that conviction, despite section 2 and subsection 3 (2) of the Demerit Point Regulation.

7. (1) Paragraph 3 of subsection 13 (1) of the Regulation is amended by striking out “or be classed as a probationary driver” at the end.

(2) Paragraph 3 of subsection 13 (2) of the Regulation is revoked and the following substituted:

3. The person shall not have been convicted or found guilty within the preceding five years of an offence under section 151, 152, 153, 155, 159, 160, 163, 167, 168, 170, 171, 172, 173, 212, 271, 272 or 273 of the Criminal Code (Canada), under section 4, 5 or 6 of the Controlled Drugs and Substances Act (Canada) or under section 4 or 5 of the Narcotics Control Act (Canada).

8. Subsection 15 (3) of the Regulation is amended by striking out “a probationary driver or any person” and substituting “any person”.

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

25.1 A decision made by the Minister under subclause 32 (5) (b) (i) of the Act is prescribed as a kind of decision a person may appeal under section 50 of the Act.

10. Paragraph 4 of subsection 26 (1.1) of the Regulation is revoked and the following substituted:

4. The accumulation of demerit points, as prescribed under the Demerit Point Regulation.

11. (1) Clause 29 (1) (a) of the Regulation is revoked and the following substituted:

(a) is a fully licensed driver who has held at any time in the last three years a valid driver’s licence, other than a Class G1, G2, M, M1 or M2 driver’s licence, issued under the Act; or

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

(a) has held at any time in the last three years a valid driver’s licence in Class M issued under the Act; or

12. Subsections 33 (2) and (3) of the Regulation are revoked and the following substituted:

(2) The holder of a driver’s licence who changes his or her name shall, within six days after the change, provide evidence satisfactory to the Minister of the change of name.

13. (1) Subject to subsections (2) to (5), this Regulation comes into force on the later of August 1, 2010 and the day this Regulation is filed.

(2) Section 1, subsection 7 (1), section 8 and subsections 11 (1) and (2) come into force on the later of,

(a) the day �������� Regulation 204/10 comes into force; and

(b) the day this Regulation is filed.

(3) Subsection 2 (1) and sections 3, 4 and 5 come into force on the later of the day section 14 of the Road Safety Act, 2009 comes into force and the day this Regulation is filed.

(4) Section 6 comes into force on the latest of,

(a) the day section 14 of the Road Safety Act, 2009 comes into force;

(b) the day subsection 26 (1) of the Road Safety Act, 2009 comes into force; and

(c) the day this Regulation is filed.

(5) Section 9 comes into force on the later of the day section 22 of the Road Safety Act, 2009 comes into force and the day this Regulation is filed.

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