PART XV PROCEDURE, ARRESTS AND PENALTIES
Power of police officer to stop vehicles
216 (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle, other than a bicycle, to stop and the driver of a vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop. 2016, c. 5, Sched. 12, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 216 (1) of the Act is amended by striking out “other than a bicycle” and substituting “other than a bicycle that is not a power-assisted bicycle”. (See: 2021, c. 26, Sched. 1, s. 23) Offence (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3), (a)  to a fine of not less than $1,000 and not more than $10,000; (b)  to imprisonment for a term of not more than six months; or (c)  to both a fine and imprisonment.  1999, c. 13, s. 1 (1). Escape by flight (3) If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit, (a)  the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a); (b)  the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and (c)  the court shall make an order suspending the person’s driver’s licence, (i)  for a period of five years, unless subclause (ii) applies, or (ii)  for a period of not less than 10 years, if the court is satisfied on the evidence that the person’s conduct or the pursuit resulted in the death of or bodily harm to any person.  1999, c. 13, s. 1 (1). Lifetime suspension (4) An order under subclause (3) (c) (ii) may suspend the person’s driver’s licence for the remainder of the person’s life.  1999, c. 13, s. 1 (1). Suspension in addition (4.1) Except in the case of a suspension for the remainder of the person’s life, a suspension under clause (3) (c) is in addition to any other period for which the person’s licence is suspended and is consecutive to that period.  1999, c. 13, s. 1 (1). Notice of suspension (4.2) Subject to subsection (4.3), in a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: “The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for five years”. 1999, c. 13, s. 1 (1). Same: death or bodily harm (4.3) In a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit and that the person’s conduct or the pursuit resulted in the death of or bodily harm to any person, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect: “The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for not less than 10 years and that it may be suspended for the remainder of your life”. 1999, c. 13, s. 1 (1). Idem (5) The suspension of a driver’s licence under this section shall not be held to be invalid by reason of failure to give the notice provided for in subsection (4.2) or (4.3).  R.S.O. 1990, c. H.8, s. 216 (5); 1999, c. 13, s. 1 (2). Appeal of suspension (6) An appeal may be taken from an order under clause (3) (c) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (2).  R.S.O. 1990, c. H.8, s. 216 (6); 1999, c. 13, s. 1 (3). Stay of order on appeal (7) Where an appeal is taken from an order under subsection (6), the court being appealed to may direct that the order being applied 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. 216 (7); 1999, c. 13, s. 1 (4). Section Amendments with date in force (d/m/y) 1999, c. 13, s. 1 (1-4) - 01/01/2000 2016, c. 5, Sched. 12, s. 9 - 01/07/2017 2021, c. 26, Sched. 1, s. 23 - not in force