hordruma/ontario_laws_and_regs huggingface dataset:
PART IV LICENCES
Minimum age to drive power-assisted bicycle
38 (1) No person under the age of 16 years shall drive or operate a motor assisted bicycle or power-assisted bicycle on a highway.  2009, c. 5, s. 8. Same (2) No person who is the owner or is in possession or control of a motor assisted bicycle or power-assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor assisted bicycle or power-assisted bicycle on a highway.  2009, c. 5, s. 8. Note: On a day to be named by proclamation of the Lieutenant Governor, section 38 of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 1, s. 3) Minimum age to drive power-assisted bicycle 38 (1) No person under the age of 14 years shall operate a power-assisted bicycle described in clause (a) of the definition of “power-assisted bicycle” on a highway. 2021, c. 26, Sched. 1, s. 3. Same (2) No person who is the owner or is in possession or control of a power-assisted bicycle referred to in subsection (1) shall permit a person who is under the age of 14 years to operate the power-assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3. Same (3) No person under the age of 16 years shall operate a power-assisted bicycle described in clause (b) or (c) of the definition of “power-assisted bicycle” on a highway. 2021, c. 26, Sched. 1, s. 3. Same (4) No person who is the owner or is in possession or control of a power-assisted bicycle referred to in subsection (3) shall permit a person who is under the age of 16 years to operate the power-assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3. Minimum age to drive motor assisted bicycle 38.1 (1) No person under the age of 16 years shall ride on, drive or operate a motor assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3. Same (2) No person who is the owner or is in possession or control of a motor assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 5, s. 8
- 03/10/2009 2021, c. 26, Sched. 1, s. 3 - not in force
PART IV LICENCES
Prohibition as to letting or hiring
39 (1) No person shall hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is a person licensed to drive a motor vehicle as required by this Act.  R.S.O. 1990, c. H.8, s. 39 (1). Non-resident’s licence (2) Subsection (1) does not apply to a resident of any other province of Canada who does not reside or carry on business in Ontario for more than six consecutive months in any one year or to a resident of a country or state that grants similar exemptions and privileges to residents of Ontario, who does not reside in Ontario for more than three consecutive months in any one year, provided the person is the holder of a driver’s licence issued by the province, country or state in which he or she resides.  R.S.O. 1990, c. H.8, s. 39 (2). Production of licence when hiring motor vehicle (3) Every person, whether a resident of Ontario or not, hiring a motor vehicle shall produce his or her driver’s licence for the inspection of the person from whom the vehicle is being hired.  R.S.O. 1990, c. H.8, s. 39 (3).
PART IV LICENCES
Agreements with other jurisdictions
40 (1) The Minister may enter into a reciprocal agreement with the government of any province or territory of Canada or of any state of the United States of America providing for, (a)  the sanctioning by the licensing jurisdiction of drivers from that jurisdiction who commit offences in the other jurisdiction; and (b)  on a driver’s change of residence, the issuance of a driver’s licence by one jurisdiction in exchange for a driver’s licence issued by the other jurisdiction.  R.S.O. 1990, c. H.8, s. 40 (1); 2009, c. 5, s. 9. Effect of agreement (2) The provisions of this Act and the regulations with respect to the licensing of drivers are subject to any agreement made under this section.  R.S.O. 1990, c. H.8, s. 40 (2). Section Amendments with date in force (d/m/y) 2009, c. 5, s. 9
- 23/04/2009
PART IV LICENCES
Suspension for driving while disqualified
42 (1) The driver’s licence of a person who is convicted of an offence under section 320.18 of the Criminal Code (Canada) or 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 is thereupon suspended for a period of, (a)  upon the first conviction, one year; and (b)  upon a subsequent conviction, two years, in addition to any other period for which the licence is suspended and consecutively thereto.  R.S.O. 1990, c. H.8, s. 42 (1); 2009, c. 5, s. 12 (1); 2019, c. 8, Sched. 1, s. 8. Determining subsequent conviction (2) In determining whether a conviction is a subsequent conviction for the purposes of subsection (1), 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. 42 (2). Five-year limitation (3) Clause (1) (b) does not apply when the subsequent conviction is more than five years after the previous conviction.  R.S.O. 1990, c. H.8, s. 42 (3). Order for discharge (4) 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. 42 (4); 2000, c. 26, Sched. O, s. 2; 2006, c. 19, Sched. D, s. 9 (3). (5) Repealed:  2009, c. 5, s. 12 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2000, c. 26, Sched. O, s. 2 - 06/12/2000 2006, c. 19, Sched. D, s. 9 (3) - 22/06/2006 2009, c. 5, s. 12 (1, 2) - 23/04/2009 2019, c. 8, Sched. 1, s. 8 - 01/12/2020
PART IV LICENCES
Suspension while prohibited from driving
43 (1) Where the licence of a person who is subject to an order made under section 320.24 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized snow vehicle, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension.  2006, c. 20, s. 2; 2009, c. 5, s. 13; 2019, c. 8, Sched. 1, s. 9 (1). Expanded meaning of order (2) For the purposes of subsection (1), “an order made under section 320.24 of the Criminal Code (Canada)” includes an order made under a section of the Criminal Code (Canada) referred to in a predecessor to this section. 2019, c. 8, Sched. 1, s. 9 (2). Section Amendments with date in force (d/m/y) 2006, c. 20, s. 2
- 22/06/2006 2009, c. 5, s. 13
- 23/04/2009 2019, c. 8, Sched. 1, s. 9 (1, 2) - 01/12/2020
PART IV LICENCES
Increased suspension time
44 (1) Where an order is made under section 320.24 of the Criminal Code (Canada) or under subsection 41 (4) of this Act and the court or judge, when sentencing the offender or making the conviction, orders the imprisonment of the offender and that the period of prohibition or suspension, as the case may be, shall start to run on the termination of the imprisonment, the suspension imposed by subsection 41 (1) of this Act is thereupon increased by the period of imprisonment.  R.S.O. 1990, c. H.8, s. 44 (1); 2019, c. 8, Sched. 1, s. 10. Modification to increased suspension (2) Where the period of imprisonment referred to in subsection (1) is less than that ordered by the court or judge, the length of the increased suspension imposed by subsection (1) shall, upon the application of the offender, be reduced by a period equal to that by which the period of imprisonment was reduced.  R.S.O. 1990, c. H.8, s. 44 (2). Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 1, s. 10 - 01/12/2020 Condition on licence that blood alcohol concentration level be zero
PART IV LICENCES
Condition on licence that blood alcohol concentration level be zero
44.1 (1) It is a condition of the driver’s licence of every novice driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway.  2009, c. 5, s. 14. Young drivers (2) It is a condition of the driver’s licence of every young driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway.  2009, c. 5, s. 14. Penalty, novice drivers (3) Every novice driver who contravenes the condition of his or her driver’s licence imposed under subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500.  2009, c. 5, s. 14. Same (4) If a novice driver is convicted of an offence under subsection (3), the Registrar may suspend, cancel or change his or her driver’s licence in accordance with the regulations.  2009, c. 5, s. 14. Same, young drivers (5) Every young driver who contravenes the condition of his or her driver’s licence imposed under subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and his or her driver’s licence is thereupon suspended for 30 days.  2009, c. 5, s. 14. Intent of suspension (6) The suspension of a licence under this section is intended to ensure that novice drivers and young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.  2009, c. 5, s. 14. Regulations (7) The Lieutenant Governor in Council may make regulations governing the suspension or cancellation of drivers’ licences of novice drivers or the change in respect of their class for the purpose of subsection (4).  2009, c. 5, s. 14. Age of drivers (7.1) Any distinction described in this section based upon the age of a person applies despite the Human Rights Code. 2017, c. 26, Sched. 4, s. 4. Definitions (8) In this section, “driver” includes a person who has care or control of a motor vehicle; (“conducteur”) “driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”) “motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”) “novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”) “young driver” means a driver who is under 22 years old. (“jeune conducteur”)  2009, c. 5, s. 14. Section Amendments with date in force (d/m/y) 2009, c. 5, s. 14 - 01/08/2010 2017, c. 26, Sched. 4, s. 4 - 01/07/2018 Condition on licence prohibiting presence of a drug
PART IV LICENCES
When driver may be disqualified
45 A provincial judge or justice of the peace by whom a person is convicted of a contravention of this Act, if the person convicted is required to hold a driver’s licence and does not hold the licence, may declare him or her disqualified to hold a licence for the time that the provincial judge or justice of the peace thinks fit and shall so report with the certificate of the conviction to the Minister.  R.S.O. 1990, c. H.8, s. 45.
PART IV LICENCES
Short-term administrative licence suspension for presence of drug
48.0.4 (1) Where a driver or person having care, charge or control of a commercial motor vehicle has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the driver or person has a drug in his or her body, the police officer shall request the driver or person to surrender his or her driver’s licence. 2017, c. 26, Sched. 4, s. 8; 2019, c. 8, Sched. 1, s. 1. Licence suspension (2) Upon a request being made under subsection (1), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for three days from the time the request is made. 2017, c. 26, Sched. 4, s. 8. Suspension concurrent with other administrative suspensions (3) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1. 2017, c. 26, Sched. 4, s. 8. No right to be heard (4) A person has no right to be heard before the suspension of a driver’s licence under this section. 2017, c. 26, Sched. 4, s. 8. Application of s. 48 (5) Subsections 48 (10) to (13) and (17) to (19) apply to this section with necessary modifications. 2017, c. 26, Sched. 4, s. 8. Exception (6) Where a police officer is satisfied that a person driving or having the care, charge or control of a commercial motor vehicle is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment, the officer shall not request that the driver surrender his or her driver’s licence under subsection (1). 2017, c. 26, Sched. 4, s. 8. Definition (7) In this section, “approved drug screening equipment” has the meaning prescribed by the regulations made under section 44.2. 2017, c. 26, Sched. 4, s. 8. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “approved drug screening equipment” in subsection 48.0.4 (7) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 17) “approved drug screening equipment” has the same meaning as in section 44.2. Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 4, s. 8 - 01/07/2018 2019, c. 8, Sched. 1, s. 1 - 01/12/2020; 2019, c. 8, Sched. 1, s. 17 - not in force Breath testing, novice drivers
PART IV LICENCES
Proceedings before Tribunal
49 Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act.  1999, c. 12, Sched. G, s. 24 (3). Note: Despite the re-enactment of section 49 by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 24 (3), members of the Licence Suspension Appeal Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000.  See: 1999, c. 12, Sched. G, s. 24 (4). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 24 (3) - 01/04/2000
PART IV LICENCES
Penalty for driving motor vehicle when permit suspended or cancelled
51 Every person who drives a motor vehicle the permit for which is under suspension or has been cancelled is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both.  R.S.O. 1990, c. H.8, s. 51.
PART IV LICENCES
Service of notice of licence suspension
52 (1) Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or, (a)  in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry; (b)  in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry.  2000, c. 26, Sched. O, s. 4. Deemed date of service (2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice.  2000, c. 26, Sched. O, s. 4. Regulations (3) The Lieutenant Governor in Council may make regulations, (a)  prescribing other methods of service that may be used in the case of a suspension described in clause (1) (a) or a suspension described in clause (1) (b) and prescribing the day on which the notice sent or delivered by such other means shall be deemed to have been given; (b)  prescribing means of proving that a notice was given by a method permitted by subsection (1) or by a method permitted by regulation.  2000, c. 26, Sched. O, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. O, s. 4 - 06/12/2000
PART IV LICENCES
Driving while driver’s licence suspended
53 (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable, (a)  for a first offence, to a fine of not less than $1,000 and not more than $5,000; and (b)  for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both.  R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1). Same (1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable, (a)  for a first offence, to a fine of not less than $5,000 and not more than $25,000; and (b)  for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both.  1997, c. 12, s. 7 (2). Subsequent offence (2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b).  R.S.O. 1990, c. H.8, s. 53 (2). Same (2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1) (b).  1998, c. 5, s. 25 (1). Licence suspended (3) The driver’s licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto.  R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2). Section Amendments with date in force (d/m/y) 1997, c. 12, s. 7 (1, 2) - 30/11/1998; 1998, c. 5, s. 25 (1, 2) - 30/11/1998
PART IV LICENCES
Where person whose permit or licence suspended does not hold permit or licence
54 Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed for all the purposes of this Act or the regulations to be a person whose permit or licence, as the case may be, has been suspended.  R.S.O. 1990, c. H.8, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 20, s. 11 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2000, c. 30, s. 10
- 31/05/2001
PART IV LICENCES
Suspension on appeal
55 If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal.  R.S.O. 1990, c. H.8, s. 55; 1996, c. 33, s. 10. Section Amendments with date in force (d/m/y) 1996, c. 33, s. 10 - 28/11/1997 Long-term vehicle impoundment for driving while suspended, in contravention of condition
PART IV LICENCES
Demerit point system
56 (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars.  2005, c. 26, Sched. A, s. 5. Same (2) The demerit point system may provide for the cancellation and suspension of licences and may require that a driver, in order to show cause why his or her licence should not be cancelled or suspended, attend an interview or group session with an official of the Ministry or provide written information to the Ministry or both attend an interview or group session and provide written information.  2005, c. 26, Sched. A, s. 5. Format for interviews, group sessions (3) An interview or group session required under the demerit point system may be held in person or by telephone or other electronic means, as specified by the Ministry.  2005, c. 26, Sched. A, s. 5. Fees (4) The Minister may require the payment of fees for the attendance at an interview or group session or for providing written information under the demerit point system.  2005, c. 26, Sched. A, s. 5. Same (5) The Minister may set the amount of the fees required under subsection (4) and may set different fees for different classes of persons and for different circumstances.  2005, c. 26, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 2005, c. 26, Sched. A, s. 5 - 21/11/2005
PART IV LICENCES
Police request for novice driver’s passenger’s identification
57.1.1 (1) A police officer or officer appointed for carrying out the provisions of this Act may request that a passenger in a motor vehicle driven by a novice driver identify himself or herself if the officer suspects that the novice driver is contravening a regulation made under section 57.1 and the passenger of whom the request is made shall give the officer his or her correct name and address.  2004, c. 22, s. 3. Additional information (2) The officer may also request additional prescribed information from a passenger of whom he or she requests identification under subsection (1) and the passenger of whom the request is made shall give the officer the requested information.  2004, c. 22, s. 3. Regulations (3) The Lieutenant Governor in Council may make regulations prescribing additional information that a police officer or officer appointed for carrying out the provisions of this Act may request and that a passenger is required to give under subsection (2).  2004, c. 22, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 22, s. 3
- 01/09/2005
PART IV LICENCES
Offence, novice driver regulations
57.2 (1) Every novice driver who contravenes a condition or restriction prescribed by a regulation made under section 57.1 is guilty of an offence.  1993, c. 40, s. 7. Defence to accompanying driver charge (2) It is a defence to a charge under subsection (1) relating to the qualifications or requirements of the accompanying driver if the accused novice driver establishes that he or she took all reasonable measures to comply with the regulations.  1993, c. 40, s. 7. Section Amendments with date in force (d/m/y) 1993, c. 40, s. 7 - 06/06/1994