PART IV LICENCES
Suspension on conviction for certain offences
41 (1) The driver’s licence of a person who is convicted of an offence, (a)  under section 220, 221 or 236 of the Criminal Code (Canada) committed by means of a motor vehicle or a street car within the meaning of this Act or a motorized snow vehicle; (b)  under section 320.13, 320.16 or 320.17 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle; (b.1)  Repealed: 2019, c. 8, Sched. 1, s. 7 (2). (c)  under section 320.14 or 320.15 of the Criminal Code (Canada) committed in relation to, (i)  driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle, or (ii)  operating or having the care or control of a vessel within the meaning of section 48; (d)  under a provision that is enacted by another jurisdiction, including by a municipality in another jurisdiction, and is designated in a reciprocal agreement entered into under section 40; or (e)  referred to in a predecessor to this subsection, is thereupon suspended, subject to any continuation under subsection (4.1) or early reinstatement under section 57, (f)  upon the first conviction, for one year; (g)  upon the first subsequent conviction, for three years; and (h)  upon the second subsequent conviction or an additional subsequent conviction, indefinitely.  1997, c. 12, s. 1 (1); 2001, c. 9, Sched. O, s. 2; 2006, c. 20, s. 1; 2007, c. 13, s. 6 (1); 2009, c. 5, s. 10; 2015, c. 14, s. 6 (1); 2019, c. 8, Sched. 1, s. 7 (1-3). Note: The periods of suspension provided for in subsection (1), as it read immediately before September 30, 1998, continue to apply with respect to convictions for offences committed before that date.  See:  1997, c. 12, s. 1 (3). Determining subsequent conviction (2) In determining whether a conviction is a subsequent conviction or an additional subsequent conviction, as the case may be, for the purpose of clauses (1) (g) and (h), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.  R.S.O. 1990, c. H.8, s. 41 (2). Ten-year limitation (3) Clauses (1) (g) and (h) do not apply when the subsequent conviction is more than 10 years after the previous conviction.  1997, c. 12, s. 1 (2). Note: The five-year limitation provided for in subsection (3), as it read immediately before September 30, 1998, continues to apply with respect to convictions for offences committed before that date.  See:  1997, c. 12, s. 1 (4). Exception (3.0.1) Despite subsection (3), when the subsequent conviction is within 10 years after the previous conviction, all previous convictions that were not followed by a 10-year period without a conviction shall be taken into account for the purpose of clauses (1) (g) and (h).  1997, c. 12, s. 1 (2). Transition (3.0.2) Despite subsections (3) and (3.0.1), a conviction that was more than five years before the date on which this subsection comes into force shall not be taken into account for the purpose of clauses (1) (g) and (h).  1997, c. 12, s. 1 (2). Suspension concurrent with s. 48.3 suspension (3.1) The licence suspension under this section runs concurrently with the remaining portion, if any, of a suspension under section 48.3.  1996, c. 20, s. 5. Order extending suspension (4) Where the court or judge, as the case may be, making the conviction referred to in subsection (1) considers it to be desirable for the protection of the public using the highways, the court or judge may make an order extending the suspension of the licence, (a)  for any period in addition to the period specified in subsection (1) that the court or judge considers proper, if the person is liable to imprisonment for life in respect of the offence; or (b)  for any period in addition to the period specified in subsection (1) that the court or judge considers proper but not exceeding three years, if the person is not liable to imprisonment for life in respect of the offence.  R.S.O. 1990, c. H.8, s. 41 (4). Suspension continued until conduct review program completed (4.1) The suspension of a person’s driver’s licence under clause (1) (f) or (g) continues beyond the one-year or three-year period of suspension imposed under those clauses until the person has successfully completed any conduct review program under section 57 that he or she has been required to participate in. 2015, c. 14, s. 6 (2). Same, transition (4.2) Despite the repeal of section 41.1 under section 7 of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015, the suspension of a driver’s licence that was imposed under subsection 41.1 (3) before its repeal and that was in effect on the day of its repeal is deemed to continue until the holder of the driver’s licence successfully completes any remedial program that he or she was required to participate in under section 41.1 or any conduct review program that he or she was required to participate in under section 57, as the case may be. 2015, c. 14, s. 6 (2). Transition, ignition interlock condition (4.3) Despite the repeal of section 41.2 under section 7 of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015, a condition that was imposed on a driver’s licence under subsection 41.2 (1), (5) or (9) before its repeal and that was in effect on the day of its repeal is deemed to continue until the condition is removed or replaced under a conduct review program under section 57. 2015, c. 14, s. 6 (2). Order for discharge (5) This section applies in the same manner as if a person were convicted of an offence if the person pleads guilty to or is found guilty of an offence referred to in subsection (1) and, (a)  an order directing that the accused be discharged is made under section 730 of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or (b)  a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act
(Canada), including a confirmation or variation of the disposition or sentence.  R.S.O. 1990, c. H.8, s. 41 (5); 2000, c. 26, Sched. O, s. 1; 2006, c. 19, Sched. D, s. 9 (2). Appeal (6) An appeal may be taken from an order for additional suspension made under subsection (4) and the provisions of the Criminal Code (Canada) applying to an appeal from the conviction referred to in subsection (1) apply in respect of an appeal from an order made under subsection (4).  R.S.O. 1990, c. H.8, s. 41 (6). Stay of order on appeal (7) Where an appeal is taken under subsection (6), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.  R.S.O. 1990, c. H.8, s. 41 (7). No cause of action (8) No person whose licence is or was suspended under subsection (1) or a predecessor thereof has a cause of action against the Registrar of Motor Vehicles or Her Majesty the Queen in right of Ontario for any misapplication of, or misadvice about, the suspension period under subsection (1) or predecessor thereof.  R.S.O. 1990, c. H.8, s. 41 (8). Interpretation (9) Where a conviction is made under the Criminal Code (Canada) in relation to an offence set out in subsection (1) or section 42, and that conviction is reported to the Ministry without a section number or as having taken place under section 320.19, 320.2, 320.21 or 320.24 of the Criminal Code (Canada), the conviction shall be treated as if it were made and reported under the applicable provision of the Criminal Code (Canada) set out in subsection (1) or section 42. 2019, c. 8, Sched. 1, s. 7 (4). Section Amendments with date in force (d/m/y) 1996, c. 20, s. 5 - 29/11/1996; 1997, c. 12, s. 1 (1, 2) - 30/09/1998; 1999, c. 12, Sched. R, s. 8 - no effect - see 2006, c. 20, s. 1 2000, c. 26, Sched. O, s. 1 - 06/12/2000 2001, c. 9, Sched. O, s. 2 - 29/06/2001 2006, c. 19, Sched. D, s. 9 (2) - 22/06/2006; 2006, c. 20, s. 1
- 22/06/2006 2007, c. 13, s. 6 (1, 2) - 04/06/2007 2009, c. 5, s. 10
- 23/04/2009 2015, c. 14, s. 6 (1, 2) - 01/07/2018 2019, c. 8, Sched. 1, s. 7 (1-4) - 01/12/2020 41.1 Repealed: 2015, c. 14, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 12, s. 2 - 30/09/1998 2007, c. 13, s. 7 (1-4) - 04/06/2007 2015, c. 14, s. 7
- 01/07/2018 41.2 Repealed: 2015, c. 14, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 35, s. 1
- 23/12/2001 2002, c. 18, Sched. P, s. 13 (1-3) - 01/01/2003 2007, c. 13, s. 8 (1-3)
- 04/06/2007 2014, c. 9, Sched. 2, s. 13 - 01/01/2017 2015, c. 14, s. 7
- 01/07/2018; 2015, c. 14, s. 61 (4) - 02/06/2015 41.3 Repealed: 2015, c. 14, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 35, s. 1
- 23/12/2001 2015, c. 14, s. 7
- 01/07/2018