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Re-instatement After Suspension of Driver's Licences in Ontario

Impaired Driving Lawyer Summary

These amendments to the Ontario Highway Traffic Act went into force in September 1998. They apply where a person's licence has been suspended under s. 41(1) because of a conviction for a drinking and driving offence.

Warning: Register NOW: It may take 10 months or more to complete the Back on Track Program! Register as soon as your licence is suspended by conviction. Scheduling an appointment for the Assessment takes time. Even assuming that you participate in the 8 hour Education program (or the Treatment program) one month after that there remains a further 6 month Follow-up period. Your licence may be suspended for one year but you may not get it back for 18 months or more!

Warning: Make sure you take the Back on Track programme and re-instate your licence even though you don't intend to drive. Note that the minimum Interlock period of one year or three years doesn't start to run until re-instatement of the licence starts. You can't just wait 2 years or 6 years and expect you will never have to take the Back on Track programme or endure the Interlock minimum period. See HTA 42.1(3) and (7).

See also:

Back on Track Program

Vehicle Interlock Requirement (required after December 23, 2001)

Ontario Government Interlock Site

Ontario Government Interlock Flyer pdf

Regulations under section 41.1

 

     SECTION 41.1

 

    41.1 (1) Where the Registrar is satisfied that a person
whose driver's licence is suspended under clause 41(1)(f) or (g)
has completed the prescribed assessments and remedial programs
that are applicable to the person, if any, and meets the
prescribed requirements that are applicable to the person, if
any, the Registrar shall reinstate the driver's licence upon the
expiry of the suspension, subject to any other suspension under
this Act.

     Reduction of indefinite suspension and
reinstatement of licence

    (2) Where the Registrar is satisfied that a person whose
driver's licence is suspended under clause 41(1)(h) for a second
subsequent conviction has completed the prescribed assessments
and remedial programs that are applicable to the person, if any,
and meets the prescribed requirements that are applicable to the
person, if any, the Registrar shall reduce the period of the
suspension to 10 years and shall reinstate the driver's licence
upon the expiry of the reduced suspension, subject to any other
suspension under this Act.

Further suspension

    (3) If, upon the expiry of a suspension under subsection
41(1), the person whose driver's licence is suspended has not
satisfied the Registrar that he or she has completed the
prescribed assessments and remedial programs that are applicable
to the person, if any, and meets the prescribed requirements
that are applicable to the person, if any, the Registrar shall
suspend the person's driver's licence until such time as the    
Registrar is so satisfied.

Effective date of further suspension

    (4) A suspension under subsection (3) takes effect from the
time notice of the suspension is given, in accordance with
section 52, to the person whose driver's licence is suspended.

Parties to judicial review

    (5) The parties to any judicial review brought in respect of
this section are the Registrar and the person whose driver's
licence is suspended.

Documents privileged

    (6) Documents filed with the Ministry for the purposes of
this section are privileged for the information of the Ministry
only and shall not be open for public inspection.

Protection from personal liability

        (7) No action or other proceeding for damages shall be
instituted against a person authorized or required by the
regulations to conduct an assessment or program or submit a
report for the purposes of this section, unless the person was
negligent in the conduct of the assessment or program or in the
preparation or submission of the report.

Same

    (8) No action or other proceeding for damages shall be
instituted against the Registrar or any employee of the Ministry
for the suspension or reinstatement of a driver's licence in
good faith in the execution or intended execution of a duty
under this section.

Crown not relieved of liability

    (9) Despite subsections 5(2) and (4) of the Proceedings
Against the Crown Act, subsections (7) and (8) do not relieve
the Crown of liability in respect of a tort committed by a
person mentioned in subsection (7) or (8) to which it would
otherwise be subject.
    

Regulations

    (10) The Lieutenant Governor in Council may make
regulations,

    (a) governing the assessments and remedial programs required
        under this section and prescribing what constitutes
        their completion;

    (b) prescribing fees for assessments and remedial programs;

    (c) authorizing or requiring classes of persons to conduct
        assessments and programs and prepare and submit reports;

    (d) respecting documents required to be filed with the
        Registrar to satisfy him or her with respect to the
        completion of assessments and remedial programs;
    

    (e) prescribing the requirements to be met by a person in
        order to have his or her suspension reduced or his or
        her driver's licence reinstated under this section;

    (f) prescribing conditions that the Minister may impose on a
        driver's licence reinstated under this section;

    (g) prescribing the length of time that conditions imposed
        on a driver's licence reinstated under this section will
        apply, or a method for determining it;

    (h) requiring a person whose licence is suspended under
        subsection 41(1) or whose licence is reinstated under
        this section to attend an interview with an official of
        the Ministry and prescribing the circumstances where the
        interview will be required and the purposes of the
        interview;
    

    (i) defining classes of persons, based on the nature of the
        offence or offences for which a driver's licence may be
        suspended under section 41 and on the number of
        convictions a person has for offences described in
        subsection 41(1);

    (j) providing that this section, or any part of it, applies
        to a class or classes of persons or exempting any class
        or classes of persons from this section or any part of
        it.

Same

    (11) A regulation made under subsection (10) may provide
differently for different classes of persons and in different
parts of Ontario.

 

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Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303
Mississauga, Ontario
L5A 3V4

905-273-3322  or 1-877-273-3322

 


Advertisement. Any legal opinions expressed at this site relate to the Province of Ontario, Canada only. If you reside or carry on business in any other jurisdiction please consult a lawyer, solicitor, or attorney in your own jurisdiction. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek and retain professional legal advice before relying upon any of the information contained herein.