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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act of Ontario , section: 57

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Penalties/Suspension on Conviction, Prohibition, Conduct Review Programs

57. (1) The Lieutenant Governor in Council may make regulations establishing conduct review programs for persons who are applicants for or holders of a licence, permit or certificate under this Act.

(2) Different conduct review programs may be established for,

(a) persons whose driver's licence has been suspended under this Act;

(b) persons involved in more than one motor vehicle accident;

(c) persons convicted of an offence under this Act or the regulations; or

(d) any other prescribed class of persons.

(3) A conduct review program may consist of or include interviews, assessments, remedial programs, courses, individual or group education sessions, examinations, the required installation and use of a device in a motor vehicle, such as an ignition interlock device, and any other feature that, in the opinion of the Lieutenant Governor in Council, may serve to improve road safety, including by improving individuals' driving skills and by assisting individuals in changing their past conduct.

(4) A regulation made under subsection (1) may,

(a) establish criteria and conditions to determine who may be required to participate in a conduct review program;

(b) prescribe classes of persons for the purpose of clause (2) (d);

(c) establish the features of a conduct review program, including features that may only apply to a person based on the results of an interview, assessment or examination;

(d) establish and govern ignition interlock programs, including an ignition interlock program for the purposes of subsection 259 (1.1) of the Criminal Code (Canada) and govern the required installation and use of other devices in a motor vehicle;

(e) prescribe what constitutes the successful completion of a conduct review program or of any feature or stage of a conduct review program;

(f) prescribe the circumstances in which a participant in a conduct review program will be required to leave the program;

(g) govern the requirements, conditions and circumstances for a person who does not successfully complete a conduct review program to participate in a conduct review program again, including prescribing the period of time that a person must wait before recommencing a program, or any feature or stage of it, or before commencing another conduct review program;

(h) provide for and govern the suspension, cancellation or change of class of a licence, permit or certificate in specified circumstances, including for failure to successfully complete a conduct review program or a feature or stage of a conduct review program;

(i) provide for and govern the imposition of a specified condition, restriction or limitation on a licence, permit or certificate in specified circumstances, including for failure to successfully complete a conduct review program or a feature or stage of a conduct review program;

(j) govern the reinstatement of a licence, permit or certificate that is suspended or cancelled under a conduct review program, the reinstatement of a class of licence, permit or certificate that is changed under a conduct review program and the removal of a condition, restriction or limitation that is imposed on a licence, permit or certificate under a conduct review program;

(k) require that participants in a conduct review program prepare or obtain and keep specified records and submit them as specified in the regulation to the Ministry during the program and at its conclusion. Same

(5) A regulation made under this section may provide differently for different classes of persons and in different parts of Ontario.

(6) The Minister may authorize or require any person or class of persons to provide or conduct a conduct review program, or any feature or stage of a conduct review program and may require them to prepare, keep and submit to the Ministry records and reports as specified by the Ministry.

(7) Records and reports 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.

(8) Participation in any course, individual or group session or other feature or stage of a conduct review program may be in person or by telephone or other electronic means, as specified by the Ministry.

(9) The Minister,

(a) may require a participant in a conduct review program to pay fees to the Minister or to the person who is providing or conducting a conduct review program or any feature or stage of a conduct review program or to both the Minister and the person; and

(b) may require different fees for different classes of persons and for different circumstances.

(10) The Minister may require that any fees be paid, in whole or in part,

(a) prior to participating in a conduct review program;

(b) in instalments based on the completion of different features or stages of a conduct review program;

(c) together with the submission of any required records during or on the completion of a conduct review program; or

(d) in any combination of clauses (a), (b) and (c).

(11) The Registrar may notify a person who meets the prescribed criteria and conditions that he or she is required to participate in a conduct review program, but not every person who meets the prescribed criteria and conditions will be notified by the Registrar, and the decision whether to notify a person or not is in the discretion of the Registrar.

(12) The notification shall be delivered personally or mailed to the person at his or her latest address appearing on the records of the Ministry.

(13) A person who receives a notification to participate in a conduct review program shall do so as specified by the Ministry, and a person who does not receive a notification to participate in a conduct review program is not permitted to do so.

(14) In exercising his or her discretion under subsection (11), the Registrar shall take into account the interests of road safety, the driving record and past conduct of any person who meets the prescribed criteria and conditions and the capacity of any conduct review program to accommodate all of the persons who meet the prescribed criteria and conditions.

(15) The parties to any judicial review brought in respect of this section are the Registrar and the person whose licence, permit or certificate is affected.

(16) No action or other proceeding for damages shall be instituted against a person authorized or required by this section to provide or conduct a conduct review program, or any feature or stage of a conduct review program, or to submit a record or report for the purposes of this section, unless the person was negligent in the conduct of the program or feature or stage of the program or in the preparation or submission of the record or report.

(17) No action or other proceeding for damages shall be instituted against the Minister, the Registrar or any employee of the Ministry for any action taken or not taken, in respect of a licence, permit or certificate or in respect of a person's participation in a conduct review program, in good faith in the execution or exercise or intended execution or exercise of a duty or power under this section, including the Registrar's decision to notify or not notify a person that he or she is required to participate in a conduct review program.

(18) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (16) and (17) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (16) or (17) to which it would otherwise be subject.

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