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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act , section: 41.1

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Penalties/Suspension on Conviction, Prohibition, Re-instatement of Licence

41.1 (1) Where the Registrar is satisfied that a person whose driverís 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 driverís licence upon the expiry of the suspension, subject to any other suspension under this Act. 1997, c. 12, s. 2.

Reduction of indefinite suspension and reinstatement of licence

(2) Where the Registrar is satisfied that a person whose driverís 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 driverís licence upon the expiry of the reduced suspension, subject to any other suspension under this Act. 1997, c. 12, s. 2.

Further suspension

(3) If, upon the expiry of a suspension under subsection 41 (1), the person whose driverís 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 personís driverís licence until such time as the Registrar is so satisfied. 1997, c. 12, s. 2.

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 driverís licence is suspended. 1997, c. 12, s. 2.

Parties to judicial review

(5) The parties to any judicial review brought in respect of this section are the Registrar and the person whose driverís licence is suspended. 1997, c. 12, s. 2.

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. 1997, c. 12, s. 2.

Persons authorized to provide programs

(6.1) The Minister may authorize or require any person or class of persons to provide or conduct assessments and programs for the purposes of this section and may require them to prepare, keep and submit reports to the Ministry as specified by the Ministry. 2007, c. 13, s. 7 (1).

Protection from personal liability

(7) No action or other proceeding for damages shall be instituted against a person authorized or required 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. 1997, c. 12, s. 2; 2007, c. 13, s. 7 (2).

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 driverís licence in good faith in the execution or intended execution of a duty under this section. 1997, c. 12, s. 2.

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. 1997, c. 12, s. 2.

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) Repealed: 2007, c. 13, s. 7 (3).

(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 driverís licence reinstated under this section;

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

(g) prescribing the length of time that conditions imposed on a driverís 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 driverís 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, prescribing conditions for any such applications or exemptions and prescribing circumstances in which any such applications or exemptions apply. 1997, c. 12, s. 2; 2007, c. 13, s. 7 (3, 4).

Same

(11) A regulation made under subsection (10) may provide differently for different classes of persons and in different parts of Ontario. 1997, c. 12, s. 2.

Ont. Reg. 340/94

Remedial Programs and Requirements to Reinstate Suspended Drivers' Licences

26.

(1.1) A fee of $150 is payable to the Ministry for the reinstatement of a driver's licence that was suspended for any of the following reasons:

1. A conviction under the Act or a regulation.

2. The default in payment of a fine for a conviction referred to in section 46 of the Act.

3. An unsatisfied judgment, as permitted under section 198 of the Act.

4. The accumulation of demerit points, as prescribed under Ontario Regulation 339/94.

5. A conviction under the Criminal Code (Canada).

6. A payment out of the Motor Vehicle Accident Claims Fund under subsection 4 (4) or 10 (1) of the Motor Vehicle Accident Claims Act, a default in repayment of an amount owing to the Fund under subsection 4 (8) or 11 (3) of that Act, including a failure to satisfy the proof of financial responsibility condition of the restoration of a licence under the regulations made under section 11 of that Act.

7. An unpaid support order that was made under the Family Responsibility and Support Arrears Enforcement Act, 1996.

8. A conviction under the Compulsory Automobile Insurance Act. O. Reg. 19/98, s. 1; O. Reg. 207/04, s. 1 (2).

(1.2) Despite subsection (1.1), no fee is payable if a reinstatement is made following a suspension resulting from a conviction referred to in that subsection and an appeal of the conviction is filed; however, the fee is payable if the conviction is sustained on appeal. O. Reg. 19/98, s. 1.

(1.3) The fee is payable only once for a reinstatement of a licence that has more than one suspension recorded against it at the same time for any of the reasons set out in subsection (1.1). O. Reg. 19/98, s. 1.

32.1 Sections 32.2 to 32.11 only apply in respect of drivers' licence suspensions that are the result of an offence committed on or after the day section 2 of the Comprehensive Road Safety Act, 1997 comes into force. O. Reg. 490/98, s. 2.

32.2 (1) A person whose driver's licence has been suspended under section 41 of the Act as a result of a conviction of an offence under section 220, 221, 236, 249 or 252 of the Criminal Code (Canada) shall attend an interview with an official of the Ministry before his or her driver's licence may be reinstated. O. Reg. 490/98, s. 2.

(2) As a result of the interview, the Ministry may require that the person complete a remedial education or training program for the purpose of improving his or her ability to drive safely. O. Reg. 490/98, s. 2.

(3) This section does not apply if the person has been previously convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada) during the period within which previous convictions shall be taken into account under subsections 41 (3), (3.0.1) and (3.0.2) of the Act. O. Reg. 490/98, s. 2.

32.3 A person whose driver's licence has been suspended under section 41 of the Act shall be required to complete the assessment and remedial program set out in section 32.4 or 32.5 before his or her driver's licence may be reinstated if,

(a) the suspension is the result of a conviction of an offence under section 253, 254 or 255 of the Criminal Code (Canada);

(b) the suspension is the result of a conviction of an offence under a provision that is enacted by a state of the United States of America and that is designated by Ontario Regulation 37/93; or

(c) the suspension is the result of a conviction of an offence under section 220, 221, 236, 249 or 252 of the Criminal Code (Canada) and the person has been previously convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada) during the period within which previous convictions shall be taken into account under subsections 41 (3), (3.0.1) and (3.0.2) of the Act. O. Reg. 490/98, s. 2.

32.4 (1) A person described in section 32.3 shall,

(a) undergo an assessment carried out by an assessor authorized by the Ministry for the purpose of this section; and

(b) complete the remedial program recommended by the assessor upon the completion of the assessment as the program that is most appropriate for the person. O. Reg. 490/98, s. 2.

(2) The assessment may include the assessment tools commonly referred to in the substance abuse field as the Alcohol Dependence Scale, the Drug Abuse Screening Test and the Research Institute on Addictions Self-Inventory. O. Reg. 490/98, s. 2.

(3) The assessor may only recommend a remedial education or remedial treatment program approved by the Ministry and provided by a person authorized by the Ministry for the purpose of this Regulation. O. Reg. 490/98, s. 2.

32.5 (1) Section 32.4 does not apply to a person whose driver's licence is suspended under clause 41 (1) (f) of the Act upon a first conviction if the notice of suspension is delivered to the person before October 1, 2000. O. Reg. 490/98, s. 2.

(2) A person described in subsection (1) shall complete the remedial education program that is, for the purpose of this Regulation, approved by the Ministry and provided by a person authorized by the Ministry. O. Reg. 490/98, s. 2.

32.6 The Registrar shall not reduce the period of suspension and reinstate the driver's licence of a person whose driver's licence has been suspended indefinitely under clause 41 (1) (h) of the Act for a second subsequent conviction, unless the person,

(a) has completed the remedial program recommended by the assessor under section 32.4; and

(b) has not been convicted of an offence committed, during the period of suspension, under section 53 of the Act or under a provision referred to in section 41 or 42 of the Act. O. Reg. 490/98, s. 2.

32.7 (1) A person who conducts an assessment or remedial program for the purpose of this Regulation shall report to the Registrar on the outcome of the assessment or remedial program. O. Reg. 490/98, s. 2.

(2) The report shall be made in the form and submitted at the time required by the Registrar. O. Reg. 490/98, s. 2.

(3) A person who is required by this Regulation to undergo an assessment or to take a remedial program shall be considered to have completed the assessment or program for the purposes of this Regulation if the report says that the person underwent the full assessment or successfully completed the remedial program. O. Reg. 490/98, s. 2.

32.8 The fee for taking a remedial program required under section 32.5 or for undergoing an assessment and taking a remedial program under section 32.4 is $475. O. Reg. 490/98, s. 2.

32.9 A remedial program required by section 32.2, 32.4 or 32.5 may vary in its content, duration, and method of delivery in different parts of Ontario. O. Reg. 490/98, s. 2.

32.10 A person who resides in another province or territory of Canada or in a state of the United States of America and whose driver's licence or privilege to drive in Ontario is under suspension as the result of a conviction of an offence referred to in section 32.2 or 32.3 or as the result of a suspension under subsection 41.1 (3) of the Act may, with the approval of the Registrar, complete a remedial program carried out in the person's home jurisdiction instead of complying with section 32.2, 32.4 or 32.5, as the case may be. O. Reg. 490/98, s. 2.

32.11 The Ministry shall make available a list of the classes of persons authorized to carry out assessments for the purpose of section 32.4, a list of approved remedial programs and a list of the classes of persons authorized to provide the remedial programs for the purpose of sections 32.4 and 32.5. O. Reg. 490/98, s. 2.

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