EXPLANATORYNOTE
SCHEDULE 1
CANNABIS CONTROL ACT, 2017
TheSchedule amends the Cannabis Control Act, 2017 toadd a new prohibition respecting the advertisement or promotion of cannabisthat is sold unlawfully, along with a related penalty if a person is convictedof contravening the prohibition.
SCHEDULE 2
CHANGE OF NAME ACT
The Schedule amends the Changeof Name Act to provide that certain persons are ineligible to changetheir name. The persons who are ineligible are those who are required to complywith section 3 of Christopher’s Law (Sex OffenderRegistry), 2000 or who would be required but for certain exceptions.Also ineligible are those who have been found guilty, or not criminallyresponsible, of a prescribed criminal offence.
Consequentialamendments are made to Christopher’s Law (Sex OffenderRegistry), 2000.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
Section3 of Christopher’s Law (Sex Offender Registry), 2000currently requires offenders to report information to a police service within aprescribed period after certain events occur. The Act is amended to expand thelist of events to include an offender being ordered to serve a conditionalsentence, an offender receiving a driver’s licence or passport and an offenderbeginning to use or making a change with respect to an email address, a username associated with a social media account or another prescribed digital identifierused for the purpose of communicating on the internet. Reporting requirementsare also imposed in relation to travel by an offender.
TheLieutenant Governor in Council is given the authority to make regulations thatwould allow for offenders, instead of reporting by appearing in person at apolice service, to report by complying with such requirements as may beprescribed.
TheAct currently addresses what occurs when an offender is pardoned in respect ofa sex offence. Amendments are made to address what occurs when an offender’sconviction in respect of the offence or finding of not criminally responsibleon account of mental disorder in respect of the offence is overturned.
Otheramendments include allowing the Minister to authorize a person to useinformation contained in the sex offender registry for research or statisticalpurposes, and adding various regulation-making authorities.
SCHEDULE 4
COMMUNITY CARE AND RECOVERY ACT, 2024
TheSchedule enacts the Community Care and Recovery Act, 2024.
TheAct prohibits the establishment and operation of a supervised consumption siteat a location that is less than 200 metres from certain types of schools,private schools, child care centres, EarlyON child and family centres and suchother premises as may be prescribed by the regulations.
TheAct also provides that municipalities and local boards are precluded fromapplying for an exemption from the Controlled Drugs andSubstances Act (Canada) for the purpose of decriminalizing the personalpossession of a controlled substance or precursor.
Finally,limits are imposed on the power of municipalities and local boards to makespecified applications respecting supervised consumption sites and safer supplyservices. Municipalities and local boards may only make such applications orsupport such applications if they have obtained the approval of the provincialMinister of Health.
SCHEDULE 5
COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024
TheSchedule enacts the Community Safety and Crime PreventionMonth Act, 2024.
TheAct proclaims the month of November in each year as Community Safety and CrimePrevention Month.
SCHEDULE 6
COMMUNITY SAFETY AND POLICING ACT, 2019
TheSchedule amends the Community Safety and Policing Act,2019 with respect to various matters, including the following:
1. Section3 is amended to give the Minister the power to issue awards related topolicing.
2. Currently,section 19 of the Act allows police service boards to request temporaryassistance in providing adequate and effective policing from another policeservice board, the Commissioner of the Ontario Provincial Police or an entitythat employs First Nation Officers. Section 19 also allows chiefs of police torequest emergency assistance if they are of the opinion that an emergencyexists in the area for which they have policing responsibility. Subsections 19(1) to (6) are re-enacted and other amendments are made to section 19 to removethe notion of emergency assistance and provide that chiefs of police, ratherthan police service boards, may request temporary assistance from another chiefof police or an entity that employs First Nation Officers.
3. Amendmentsare made to sections 35, 83, 85, 91, 92, 95 and 101 with respect to the timingof oaths and affirmations of office and the issuance of certificates ofappointment.
4. Subsection261 (1) is amended to authorize the Lieutenant Governor in Council to makeregulations, for the purposes of subsection 10 (2), determining an area forwhich a municipal board has policing responsibility in a manner other than inaccordance with Part IV. A consequential amendment is made to subsection 10(2).
SCHEDULE 7
COURTS OF JUSTICE ACT
Subsection44 (2) of the Courts of Justice Act specifies thatpart-time service as a provincial judge by a former provincial judge who hadretired cannot exceed 50 per cent of full-time service in a calendar year. TheSchedule amends the subsection to provide that the limits on part-time serviceare to be determined by regulations made under the Act. The necessaryregulation-making authority is added to subsection 53 (1) of the Act.
SCHEDULE 8
HIGHWAY TRAFFIC ACT
Variousamendments are made to the Highway Traffic Act.Some highlights include:
1. Anamendment provides that it is an offence to knowingly submit, display, presentor surrender a false vehicle identification number for a motor vehicle incertain documents.
2. TheAct is amended to provide that the Registrar may issue a CVOR certificatesubject to terms and conditions, including terms and conditions that requirethe holder of the certificate to do certain things relating to its safetypractices, and may attach, remove or vary such conditions on an existingcertificate at any time. The Act also enacts enforcement measures relating tothe failure to comply with such terms and conditions.
3. TheAct is also amended to provide that a person may appeal certain decisionsrelating to CVOR certificates within 30 days. Currently, the Act sets out notimeline for making such appeals.
4. Anamendment permits administrative penalties to be imposed on a CVOR certificateholder who receives a prescribed safety rating.
5. Currently,section 130 of the Act provides that the offence of driving carelessly appliesto a person driving on a highway. The section is amended to provide that theoffence also applies in respect of specified places, and to add a limitationperiod of two years on instituting proceedings for the offence.
SCHEDULE 9
LIMITATIONS ACT, 2002
TheSchedule amends section 16 of the Limitations Act, 2002to provide that proceedings under subsection 4 (1) of the Justicefor Victims of Terrorism Act (Canada) are not subject to a limitationperiod and to specify related transitional rules.
Bill 223 2024
AnAct to enact two Acts and to amend various Acts with respect to public safetyand the justice system
CONTENTS
| Preamble | |
| 1. | Contents of this Act |
| 2. | Commencement |
| 3. | Short title |
| Schedule 1 | Cannabis Control Act, 2017 |
| Schedule 2 | Change of Name Act |
| Schedule 3 | Christopher’s Law (Sex Offender Registry), 2000 |
| Schedule 4 | Community Care and Recovery Act, 2024 |
| Schedule 5 | Community Safety and Crime Prevention Month Act, 2024 |
| Schedule 6 | Community Safety and Policing Act, 2019 |
| Schedule 7 | Courts of Justice Act |
| Schedule 8 | Highway Traffic Act |
| Schedule 9 | Limitations Act, 2002 |
Preamble
TheGovernment of Ontario:
Believesin keeping Ontario communities safe through supported and accountable policingand an efficient and effective justice system.
Istaking action to protect children, families and people struggling withaddiction by restricting supervised consumption sites, in line with its beliefthat addictions treatment is the best way to achieve lasting recovery.
Iscommitted to fighting auto theft and careless driving in Ontario with enhancedoversight of commercial motor vehicles and stronger penalties.
Isworking to give police the tools that will assist them in keeping ourcommunities safe from sex offenders.
Therefore,His Majesty, by and with the advice and consent of the Legislative Assembly ofthe Province of Ontario, enacts as follows:
Contentsof this Act
1 This Act consists of this section, sections 2 and 3 andthe Schedules to this Act.
Commencement
2 (1)Except as otherwise provided in thissection, this Act comes into force on the day it receives Royal Assent.
(2)TheSchedules to this Act come into force as provided in each Schedule.
(3)Ifa Schedule to this Act provides that any provisions are to come into force on aday to be named by proclamation of the Lieutenant Governor, a proclamation mayapply to one or more of those provisions, and proclamations may be issued at differenttimes with respect to any of those provisions.
Shorttitle
3 The short title of this Act is the SaferStreets, Stronger Communities Act, 2024.
SCHEDULE 1
CANNABIS CONTROL ACT, 2017
1The Cannabis Control Act, 2017 is amended by addingthe following section:
Advertisingor promotion of unlawful sale of cannabis
8.2No person shallknowingly advertise or promote the sale of cannabis by a person or entity thatis not authorized to produce, sell or distribute cannabis under this Act or theCannabis Act (Canada).
2Subsections 23 (2) and (3) of the Act are amended by striking out “section 6 or13” wherever it appears and substituting in each case “section 6, 8.2 or 13”.
Commencement
3This Schedule comes into force on the day the SaferStreets, Stronger Communities Act, 2024 receives Royal Assent.
SCHEDULE 2
CHANGE OF NAME ACT
1The Change of Name Act is amended by adding thefollowing section:
SexOffenders, etc.
Ineligibility
5.1(1)Thefollowing persons are ineligible to have a change of name under any provisionof this Act, except if an exception set out in the regulations applies:
1. Aperson required under section 7 of Christopher’s Law (SexOffender Registry), 2000 to comply with section 3 of that Act.
2. Aperson who would be required under section 7 of Christopher’sLaw (Sex Offender Registry), 2000 to comply with section 3 of that Act butfor the application of subsection 7 (2) or (3) of that Act.
3. Aperson who has been,
i. foundguilty of a prescribed criminal offence, or
ii. foundnot criminally responsible of a prescribed criminal offence on account ofmental disorder.
Exception
(2)Subsection(1) does not apply in respect of,
(a) achange of name that has been certified as described in subsection 8 (2) by theAttorney General or a person authorized by the Attorney General; or
(b) arevocation under section 10 of a change of name that has been obtained by fraudor misrepresentation or for an improper purpose.
Notice
(3)TheRegistrar General shall inform a person who seeks a change of name but isineligible under this section of their ineligibility and the reason for theirineligibility or, if the change of name was applied for under subsection 5 (1),the Registrar General shall inform the applicant.
Transition
(4)ThisAct, as it read immediately before the day section 1 of Schedule 2 to the Safer Streets, Stronger Communities Act, 2024 came intoforce, continues to apply with respect to an election or application submittedto the Registrar General before that day.
Repeal
(5)Subsection(4) and this subsection are repealed six months after the day section 1 of Schedule2 to the Safer Streets, Stronger Communities Act, 2024came into force.
2Subsection 7.1 (1) of the Act is amended by adding “and whether the person is aperson described in subsection 5.1 (1)” after “subsection 6 (10)”.
3 Section 13 of the Act is amended by addingthe following subsection:
Same
(2)TheLieutenant Governor in Council may make regulations providing for exceptionsfrom this Act or any provision of this Act, and making such exceptions subjectto any conditions provided for in the regulations.
Christopher’sLaw (Sex Offender Registry), 2000
4Christopher’s Law (Sex Offender Registry), 2000 isamended by adding the following section:
Disclosure exception, Changeof Name Act
10.1(1)Anemployee of or person authorized by the ministry for the purposes of thissection shall have access to the sex offender registry at any time and maycollect, retain and use information obtained from the sex offender registry forthe purposes of section 7.1 of the Change of Name Act.
Same
(2)Anemployee of or person authorized by the ministry for the purposes of thissection may disclose information contained in the sex offender registry to theRegistrar General, as defined in section 1 of the Changeof Name Act, for the purposes of section 7.1 of that Act, and theRegistrar General may collect, retain and use the information for the purposesof that Act.
Same
(3)Anydisclosure of personal information made under subsection (1) or (2) shall bedeemed to be in compliance with clauses 42 (1) (e) of the Freedomof Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.
Commencement
5This Schedule comes into force on a day to be named by proclamation of theLieutenant Governor.
SCHEDULE 3
CHRISTOPHER’S LAW (SEX OFFENDER REGISTRY), 2000
1The English version of Christopher’s Law (Sex OffenderRegistry), 2000 is amended by striking out “his or her” wherever itappears and substituting in each case “their”.
2(1)Subsection 1 (1) of the Act is amended by adding the followingdefinition:
“Minister”means the Solicitor General or such other member of the Executive Council asmay be assigned the administration of this Act under the ExecutiveCouncil Act; (“ministre”)
(2)Thedefinition of “ministry” in subsection 1 (1) of the Act is repealed and thefollowing substituted:
“ministry”means the Ministry of the Minister; (“ministère”)
(3)Clause(b.1) of the definition of “sex offence” in subsection 1 (1) of the Act isrepealed and the following substituted:
(b.1) anoffence referred to in paragraph (b) or (f) of the definition of “designatedoffence” in subsection 490.011 (1) of the Criminal Code(Canada), as it read on October 25, 2023, in respect of which an order in Form52 was made under subsection 490.012 (2) of that Act as it read on that date,
(b.1.1) anoffence referred to in the definition of “secondary offence” in subsection490.011 (1) of the Criminal Code (Canada) for whichan order has been made under section 490.012 of that Act,
(4)Subsection1 (1) of the Act is amended by adding the following definition:
“sexoffence against a child” means,
(a) asex offence that is committed against a person who is under 18 years of age andas a result of which the offender is required to comply with the Sex Offender Information Registration Act (Canada), or
(b) anoffence that is committed outside Canada against a person who is under 18 yearsof age and as a result of which the offender is required to comply with the Sex Offender Information Registration Act (Canada); (“infraction sexuellevisant un enfant”)
(5)Section 1 of the Act is amended byadding the following subsection:
Same
(4)Forthe purposes of this Act, if an offender is released from custody as a resultof being credited with remission within the meaning of the Ministry of Correctional Services Act, the custodialportion of the sentence ends as of the day of the offender’s release as aresult of the remission.
3(1)Subsection 3 (1) of the Act is amended by striking out theportion before clause (a) and substituting the following:
(1)Everyoffender who is resident in Ontario shall appear in person at a designatedbureau, police station or detachment of the police service that providespolicing where the offender resides or at another place in the area where thepolice service provides policing designated by that police service,
(2)TheEnglish version of subsection 3 (1) of the Act is amended by striking out “heor she” wherever it appears and substituting in each case “the offender”.
(3)Subsection3 (1) of the Act is amended by adding the following clauses:
(a.2.1) withinthe prescribed period after the offender is ordered to serve a conditionalsentence;
.. . . .
(c.2) withinthe prescribed period after the offender receives a driver’s licence;
(c.3) withinthe prescribed period after the offender receives a passport;
(c.4) within the prescribed period after theoffender starts using a new email address or a new user name associated with asocial media account or makes a change with respect to such an email address oruser name;
(c.5) withinthe prescribed period after the offender starts using a new prescribed digitalidentifier for the purpose of communicating through the internet or makes achange with respect to such a digital identifier;
.. . . .
(e.3) subjectto clause (e.4), at least 14 days before departing for travel if the offenderexpects not to be at their main residence or any of their secondary residencesfor a period of seven or more consecutive days;
(e.4) inthe case of an offender who is convicted of a sexual offence against a child,at least 14 days before departing for travel to a location outside Canada,regardless of the expected duration of their absence;
(e.5) subjectto clause (e.6), within seven days after departing for travel if the offenderdecides after departing to not be at their main residence or any of theirsecondary residences for a period of seven or more consecutive days or if theoffender has not appeared in person as required under clause (e.3);
(e.6) inthe case of an offender who is convicted of a sexual offence against a child,without delay after departing for travel to a location outside of Canada if theoffender decides after departing to extend their stay beyond the date of returnthat was indicated when appearing in person under clause (e.4) or if theoffender did not appear in person as required under clause (e.4);
(e.7) before departing for travel if there isa change in any information provided under clause (e.3) or (e.4) that occursbefore departing;
(e.8) ifthere is a change in any information provided under clause (e.3), (e.4), (e.5)or (e.6) after departing for travel,
(i) withinseven days after the date on which the change occurs, or
(ii) inthe case of an offender to whom clause (e.4) or (e.6) applies, without delayafter the date on which the change occurs;
(4)Clauses3 (1) (f) and (g) of the Act are amended by striking out “presented himself orherself to a police service” wherever it appears and substituting in each case“appeared in person at a police service”.
(5)Section3 of the Act is amended by adding the following subsections:
Exception
(1.0.1)Despitea requirement under subsection (1) for an offender to appear in person at alocation, an offender is not required to appear in person at a location if thefollowing criteria are satisfied:
1. Theclause of subsection (1) in respect of which the requirement applies to theoffender is a prescribed provision in a regulation made under clause 14 (h.2).
2. Theoffender complies with the requirement prescribed in a regulation made underclause 14 (h.3) in respect of the prescribed provision.
Interpretation
(1.0.2)Incircumstances in which a clause of subsection (1) is a prescribed provision asdescribed in paragraph 1 of subsection (1.0.1), any reference to appearing inperson at a location shall be read to include complying with the applicablerequirement prescribed as described in paragraph 2 of subsection (1.0.1).
.. . . .
Same
(1.3)Clauses(1) (a.2.1), (c.2) and (c.3) apply only if the event referred to in them occurson or after the day this subsection came into force.
Exception
(1.4)Ifa member of a police service is satisfied that there was a reasonable excusefor an offender failing to comply with clause (1) (e.3) or (e.4), the offenderis exempt from the requirement to comply within 14 days with the applicable clauseand the offender shall instead comply as soon as feasible before departing fortravel.
(6)Subsection3 (2) of the Act is amended by striking out “Upon presenting himself orherself” at the beginning and substituting “Upon appearing in person”.
(7)Subsection3 (3) of the Act is amended by,
(a) strikingout “subsection (1), subsection 7 (2) and subsection 9 (1)” and substituting“subsections (1), 7 (2), 9 (1) and 9.0.1 (1)”; and
(b) strikingout “present themselves” wherever it appears and substituting in each case“appear in person”.
(8)TheEnglish version of subsection 3 (4) of the Act is amended by striking out “heor she” and substituting “the person”.
4Subsection 4 (2) of the Act is repealed and the following substituted:
Verificationof address
(2)Subjectto the regulations, the police service shall make reasonable efforts to verifyan offender’s address, as provided to the police service by the offender, atleast once after the offender last appeared in person at the police serviceunder subsection 3 (1).
5(1)The English version of subsection 6 (1) of the Act is amended bystriking out “him or her” and substituting “the offender”.
(2)TheEnglish version of subsection 6 (3) of the Act is amended by striking out “Ifthe offender believes any information about him or her in the sex offenderregistry is incorrect, he or she shall” and substituting “If the offenderbelieves that any information about the offender in the sex offender registryis incorrect, the offender shall”.
6(1)The English version of section 7 of the Act is amended bystriking out “he or she” wherever it appears and substituting in each case “theoffender”.
(2)Subsection7 (2) of the Act is amended by,
(a) adding“Subject to any regulations made under clause 14 (h.4)” at the beginning; and
(b) strikingout “present himself or herself” and substituting “appear in person”.
(3)Section7 of the Act is amended by adding the following subsections:
Exception
(2.0.1)Despitethe requirement under subsection (2) for an offender to appear in person at alocation, an offender is not required to appear in person at a location if thefollowing criteria are satisfied:
1. Subsection(2) is a prescribed provision in a regulation made under clause 14 (h.2).
2. Theoffender complies with the requirement prescribed in a regulation made underclause 14 (h.3) in respect of subsection (2).
Interpretation
(2.0.2)Incircumstances in which subsection (2) is a prescribed provision as described inparagraph 1 of subsection (2.0.1), the reference in subsection (2) to appearingin person at a location shall be read to include complying with the applicablerequirement prescribed as described in paragraph 2 of subsection (2.0.1).
(4)Subsection7 (4) of the Act is repealed and the following substituted:
Reportingrequirement ceases to apply
(4)Anoffender is no longer required to comply with section 3 in relation to a sexoffence for which this Act would be made applicable to the offender undersection 8 if one of the following circumstances applies:
1. Theoffender provides, in accordance with section 9, proof of a pardon in respectof the offence.
2. Theoffender provides, in accordance with section 9.0.1, proof of one of thefollowing being overturned, as the case may be:
i. Theconviction in respect of the offence.
ii. Thefinding of not criminally responsible on account of mental disorder in respectof the offence.
7(1)The English version of section 8 of the Act is amended bystriking out “he or she” wherever it appears and substituting in each case “theoffender”.
(2)Section8 of the Act is amended by adding the following subsections:
Same
(1.3.1)Despitesubsection (1), clauses 3 (1) (a.2.1), (c.2) and (c.3) apply to every offenderanywhere in Canada who, on or after the day subsection 7 (2) of Schedule 3 tothe SaferStreets, Stronger Communities Act, 2024 comes into force,
(a) receiveda conditional sentence order for a sex offence, in the case of clause 3 (1) (a.2.1);
(b) receiveda driver’s licence, in the case of clause 3 (1) (c.2); or
(c) receiveda passport, in the case of clause 3 (1) (c.3).
Same
(1.3.2)Despitesubsection (1), clauses 3 (1) (c.4) and (c.5) apply in accordance with theregulations.
Same
(1.3.3)Despitesubsection (1), clauses 3 (1) (e.3) to (e.8) apply to every offender anywherein Canada who, on or after the fourteenth day after subsection 7 (2) ofSchedule 3 to the Safer Streets, Stronger Communities Act, 2024 comes into force,departs for travel.
(3)Subsection8 (1.4) of the Act is repealed and the following substituted:
Same
(1.4)Despitesubsection (1) and section 7, and subject to any other reporting requirementunder this Act, this Act applies to an offender anywhere in Canada who, on orafter May 12, 2008, becomes subject to an order in Form 52 made under subsection490.012 (2) of the Criminal Code (Canada), as itread on or before October 25, 2023, for as long as the order is in force.
(4)Section8 of the Act is amended by adding the following subsection:
Same
(1.7)Despitesubsection (1) and section 7, and subject to any other reporting requirementunder this Act, this Act applies to an offender anywhere in Canada who, on orafter the day subsection 7 (4) of Schedule 3 to the SaferStreets, Stronger Communities Act, 2024 comes into force, becomes subject to an ordermade under section 490.012 of the Criminal Code (Canada)in respect of an offence referred to in the definition of “secondary offence”in subsection 490.011 (1) of that Act for as long as the order is in force.
8Subsection 9 (1) of the Act is repealed and the following substituted:
Proofof pardon
(1)Anoffender who receives a pardon for a sex offence may provide proof of thepardon to a police service by,
(a) appearingin person at a designated bureau, police station or detachment of the policeservice that provides policing where the offender resides or at another placein the area where the police service provides policing designated by thatpolice service; or
(b) takingsuch other steps as may be prescribed by the regulations.
9The Act is amended by adding the following section:
Convictionor finding overturned
9.0.1(1)Thissection applies in respect of an offender if the offender’s conviction or theoffender’s finding of not criminally responsible on account of mental disorderin respect of a sex offence is overturned.
Proof
(2)Anoffender to whom this section applies may provide proof of the conviction orfinding being overturned to a police service by,
(a) appearingin person at a designated bureau, police station or detachment of the policeservice that provides policing where the offender resides or at another placein the area where the police service provides policing designated by thatpolice service; or
(b) takingsuch other steps as may be prescribed by the regulations.
Informationsubmitted to ministry
(3)Ifthe person authorized by the police service to receive the proof mentioned insubsection (2) is satisfied that the conviction or finding, as the case may be,was overturned, the police service shall advise the ministry accordingly.
10Section 9.1 of the Act is repealed and the following substituted:
Offenderdeleted from registry
Pardon
9.1(1)If an offender receives a pardonof the type described in clause (a) or (b) of the definition of “pardon” insubsection 1 (1) in respect of a sex offence for which this Act is madeapplicable to the offender, the ministry shall delete every reference to andrecord of the offender from the sex offender registry in respect of that sexoffence.
Convictionor finding overturned
(2)Ifan offender’s conviction or finding in respect of a sex offence for which thisAct is made applicable to the offender is overturned, the ministry shalldelete every reference to and record of the offender from the sex offenderregistry in respect of that sex offence.
Timelimit
(3)Theministry shall, 50 years after the death of an offender, delete every referenceto and record of the offender from the sex offender registry.
11(1)Subsection 10 (1) of the Act is amended by striking out “subsections(2) and (3)” and substituting “subsections (2), (3) and (3.1)”.
(2)Section10 of the Act is amended by adding the following subsections:
Same,research
(3.1)TheMinister may authorize a person to consult information contained in the sexoffender registry, compare the information with other information or, byelectronic means, combine the information with, or link it to, any otherinformation contained in a computer system for research or statisticalpurposes.
Conditions
(3.2)TheMinister shall not provide the authorization under subsection (3.1) unless theMinister,
(a) issatisfied that the research or statistical purposes cannot reasonably beaccomplished without consulting the information or without comparing orcombining the information with, or linking it to, the other information, as thecase may be; and
(b) obtainsfrom the person a written undertaking that no subsequent disclosure of theinformation or of any information resulting from the comparison or combinationof the information with, or the linking of the information to, otherinformation will be made, or be allowed to be made, in a form that couldreasonably be expected to identify any individual to whom it relates.
(3)Subsection10 (4) of the Act is amended by striking out “subsection (2) or (3)” andsubstituting “subsection (2), (3) or (3.1)”.
12The English version of section 11 of the Act is amended by striking out “he orshe” wherever it appears and substituting in each case “the offender”.
13Subsection 12 (1) of the Act is amended by striking out “the Minister ofCommunity Safety and Correctional Services” and substituting “any current orformer member of the Executive Council”.
14Section 14 of the Act is amended by adding the following clauses:
(c.1) prescribingwhat constitutes a change in address for the purposes of clause 3 (1) (c);
(c.2) forthe purposes of clauses 3 (1) (c.4) and (c.5), governing the types of changesin respect of which those clauses apply;
(c.3) prescribingdigital identifiers for the purposes of clause 3 (1) (c.5);
(c.4) governingthe verification of addresses under subsection 4 (2);
.. . . .
(h.1) prescribing circumstances in which anoffender is not required to comply with section 3, either on a temporary orpermanent basis, due to their physical or mental capacity;
(h.2) prescribingprovisions of this Act for the purposes of paragraph 1 of subsection 3 (1.0.1)and paragraph 1 of subsection 7 (2.0.1);
(h.3) prescribingrequirements in respect of prescribed provisions of this Act for the purposesof paragraph 2 of subsections 3 (1.0.1) and 7 (2.0.1);
(h.4) withrespect to an offender who is serving the custodial portion of a sentenceintermittently in respect of an offence other than a sex offence,
(i) providingthat subsection 7 (2) does not apply,
(ii) governingtiming of compliance with subsection 3 (1), which may include requiring theoffender to comply with subsection 3 (1) within a prescribed period instead ofthe applicable period prescribed under subsection 3 (1);
(h.5) forthe purposes of subsection 8 (1.3.2), governing the application of clauses 3(1) (c.4) and (c.5);
(h.6) prescribingsteps for the purposes of clauses 9 (1) (b) and 9.0.1 (1) (b);
Commencement
15 (1)Except as otherwise provided in thissection, this Schedule comes into force on the day the SaferStreets, Stronger Communities Act, 2024 receives Royal Assent.
(2)Sections1 to 10 and 12 to 14 come into force on a day to be named by proclamation ofthe Lieutenant Governor.
SCHEDULE 4
COMMUNITY CARE AND RECOVERY ACT, 2024
CONTENTS
| 1. | Definitions |
| 2. | Prohibition re location of supervised consumption site |
| 3. | Limit on power of municipalities, local boards |
| 4. | Regulations |
| 5. | Amendment to this Act |
| 6. | Commencement |
| 7. | Short title |
Definitions
1 In this Act,
“childcare centre” means a child care centre within the meaning of the Child Care and Early Years Act, 2014; (“centre degarde”)
“controlledsubstance” means a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada); (“substancedésignée”)
“designatedpremises” means,
(a) aschool, other than a school at which the only programs provided are adulteducation programs,
(b) aprivate school, other than,
(i) aprivate school located on a reserve, or
(ii) aprivate school that only offers classes through the internet,
(c) achild care centre, other than a child care centre located on a reserve,
(d) anEarlyON child and family centre, other than an EarlyON child and family centrelocated on a reserve, or
(e) aprescribed premises; (“lieu désigné”)
“EarlyON child and family centre” means acentre of that name, administered by a service system manager within themeaning of the Child Care and Early Years Act, 2014,offering programs for families and children; (“centre pour l’enfant etla famille ON y va”)
“HealthCanada” means the federal Minister of Health and the Department over which thatMinister presides; (“Santé Canada”)
“localboard” means a local board within the meaning of section 1 of the Municipal Affairs Act; (“conseil local”)
“Minister”means the Minister of Health or any other member of the Executive Council towhom responsibility for the administration of this Act is assigned ortransferred under the Executive Council Act; (“ministre”)
“precursor”means a precursor within the meaning of the ControlledDrugs and Substances Act (Canada); (“précurseur”)
“prescribed”means prescribed by the regulations; (“prescrit”)
“privateschool” means a private school within the meaning of the EducationAct; (“écoleprivée”)
“regulations”means the regulations made under this Act; (“règlements”)
“reserve”means a reserve as defined in subsection 2 (1) of the IndianAct (Canada) or an Indian settlement located on Crown land, the Indianinhabitants of which are treated by Indigenous and Northern Affairs Canada inthe same manner as Indians residing on a reserve; (“réserve”)
“safersupply services” means the prescribing of medications by a legally qualified medical practitioner as analternative to a controlled substance or precursor; (“services d’approvisionnement plus sécuritaire”)
“school”means a school within the meaning of the Education Act;(“école”)
“supervisedconsumption site” means a site in respect of which the federal Minister ofHealth has granted an exemption to allow activities at the site in relation toa controlled substance or precursor that is obtained in a manner not authorizedunder the Controlled Drugs and Substances Act(Canada),
(a) undersection 56.1 of the Controlled Drugs and Substances Act(Canada), in circumstances where the federal Minister of Health is of theopinion that the exemption is necessary for a medical purpose, or
(b) undersubsection 56 (1) of the Controlled Drugs and SubstancesAct (Canada), in circumstances where the federal Minister of Health isof the opinion that the exemption is necessary for a scientific purpose or isotherwise in the public interest. (“site de consommation supervisée”)
Prohibitionre location of supervised consumption site
2 (1)Subject to subsection (4), no person shallestablish or operate a supervised consumption site at a location that is lessthan 200 metres, measured in accordance with subsection (2), from a designatedpremises.
Measurement
(2)Subjectto the regulations, the distance mentioned in subsection (1) shall be measuredin accordance with the following rules:
1. Thedistance shall be measured from the geometric centre of the building in which asupervised consumption site is located.
2. Inthe case of a school, the distance shall be measured to the door primarily usedby the public to enter the building in which the school is located for thepurpose of accessing the area where the school operates.
3. In the case of a private school, the distance shall bemeasured from,
i. thecentre of the building in which the school is located, as determined by theprivate school and made available on a Government of Ontario website, or
ii. ifthe private school is located only in a portion of a building, the centre ofthe portion of the building in which the school is located, as determined bythe private school and made available on a Government of Ontario website.
4. Inthe case of a child care centre or EarlyON child and family centre, thedistance shall be measured to the geographic coordinates of the street addressof the child care centre or EarlyON child and family centre, determined throughthe use of software or a web service that implements an address geocodingprocess.
5. Inthe case of a premises prescribed for the purposes of clause (e) of thedefinition of “designated premises” in section 1, the distance shall bemeasured to the point specified in the regulations.
6. Ifthe measurement results in a number of metres that is not a whole number, thenumber shall be rounded up to the nearest whole number.
Geocoding
(3)Ifthe regulations provide for a specific software or web service for the purposesof paragraph 4 of subsection (2), the distance to a child care centre orEarlyON child and family centre shall be measured using the prescribed softwareor web service.
Exception
(4)Ifa private school began providing instruction or a child care centre beganoperating after the day the Safer Streets, StrongerCommunities Act, 2024 received Royal Assent, subsection (1) does notapply to a supervised consumption site with respect to the private school orchild care centre, as the case may be, until the day that is 30 days after the daythe private school began providing instruction or the child care centre beganoperating.
Same
(5)Despitesubsection (4), if the Minister specifies a day on which subsection (1) appliesto a supervised consumption site, subsection (1) applies to the supervisedconsumption site as of that day.
Limiton power of municipalities, local boards
Applicationfor exemption to decriminalize
3 (1)Subject to such exceptions as may beprescribed, despite sections 7 and 8 of the City ofToronto Act, 2006 and sections 9, 10 and 11 of the MunicipalAct, 2001, a municipality or local board does not have the power to applyto Health Canada for an exemption under subsection 56 (1) of the Controlled Drugs and Substances Act (Canada) from anyprovision of that Act for the purpose of decriminalizing the personalpossession of a controlled substance or precursor.
Applicationsrelated to supervised consumption sites, safer supply services
(2)Subjectto such exceptions as may be prescribed, despite sections 7 and 8 of the City of Toronto Act, 2006 and sections 9, 10 and 11 ofthe Municipal Act, 2001, a municipality or localboard does not have the power, without the approval of the Minister, to do anyof the following:
1. Applyto Health Canada for an exemption or a renewal of an exemption to the Controlled Drugs and Substances Act (Canada) for thepurpose of operating a supervised consumption site.
2. Applyto Health Canada for funding under Health Canada’s Substance Use and AddictionsProgram or any other Health Canada program in respect of safer supply services,or enter into an agreement with the Government of Canada with respect tofunding under such a program in respect of safer supply services.
3. Support,including by passing a by-law or making a resolution, an application made toHealth Canada by any other person in respect of any matter described inparagraph 1 or 2.
Regulations
4 The Lieutenant Governor in Council may make regulations,
(a) prescribinganything that is referred to in this Act as prescribed or as otherwise dealtwith in the regulations;
(b) definingor clarifying the meaning of any word or expression used in this Act that isnot otherwise defined in this Act.
Amendmentto this Act
5 Section 4 of the Act is amended by adding the followingclause:
(c) varying,for specified circumstances, how the distance mentioned in subsection 2 (1)shall be measured under subsection 2 (2).
Commencement
6 (1)Except as otherwise provided in thissection, the Act set out in this Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receivesRoyal Assent.
(2)Sections2 and 5 come into force on the later of April 1, 2025 and the day the Safer Streets, Stronger Communities Act, 2024 receivesRoyal Assent.
Shorttitle
7 The short title of the Act set out in this Schedule isthe Community Care and Recovery Act, 2024.
SCHEDULE 5
COMMUNITY SAFETY AND CRIME PREVENTION MONTH ACT, 2024
Preamble
By proclaiming the month of November as Community Safety andCrime Prevention Month, the Province of Ontario recognizes the criticalimportance of raising awareness about community safety and preventing crime.With this step, the Province of Ontario joins other jurisdictions as well asgroups across Canada that mark November as Community Safety and CrimePrevention Month.
TheProvince of Ontario also recognizes the importance of advancing communitysafety and tackling crime. Proclaiming November as Community Safety and CrimePrevention Month creates the opportunity for Ontarians to come together toappreciate the people working on the frontlines to improve community safety andprevent crime, raise awareness about community safety and recognize theimportant local partnerships and action that keep our communities safe.
CommunitySafety and Crime Prevention Month
1 The month of November in each year is proclaimed asCommunity Safety and Crime Prevention Month.
Commencement
2 The Act set out in this Schedule comes into force on theday the Safer Streets, Stronger Communities Act, 2024 receives Royal Assent.
Shorttitle
3 The short title of the Act set out in this Schedule isthe Community Safety and Crime Prevention Month Act, 2024.
SCHEDULE 6
COMMUNITY SAFETY AND POLICING ACT, 2019
1(1)The definition of “Minister” in subsection 2 (1) of the Community Safety and Policing Act, 2019 is amended bystriking out “Minister of Community Safety and Correctional Services” andsubstituting “Solicitor General”.
(2)Subsection2 (1) of the Act is amended by adding the following definition:
“prescribedentity” means an entity that is prescribed to provide a policing function in anarea in accordance with section 14; (“entité prescrite”)
2Section 3 of the Act is amended by adding the following subsection:
Powerto issue awards
(4)TheMinister may issue awards related to policing, including awards for longservice.
3Subsection 10 (2) of the Act is amended by adding “Subject to the regulations”at the beginning.
4(1)Subsections 19 (1) to (6) of the Act are repealed and thefollowing substituted:
Requestfor temporary assistance
(1)Achief of police may request temporary assistance in providing adequate andeffective policing from another chief of police or an entity that employs FirstNation Officers.
Temporaryassistance notice
(2)Ifa chief of police makes a request for temporary assistance under this section,the chief of police shall provide notice of the request as soon as possible to,
(a) theInspector General; and
(b) thepolice service board of the chief of police or, in the case of a request madeby the Commissioner, the Minister.
Contentof notice
(3)Thenotice provided under subsection (2) shall include,
(a) adescription of the circumstances surrounding the temporary assistance request;
(b) thepolicing functions that are requested;
(c) thetimeframe for the provision of the assistance;
(d) theextent of the assistance required;
(e) whetherthe chief of police or entity that employs First Nation Officers that isreceiving the request has agreed to provide the assistance, in whole or inpart;
(f) theanticipated financial implications as a result of obtaining the assistance; and
(g) anyother prescribed matters.
Noticeof change
(4)Ifa change occurs in any of the matters listed under subsection (3) after thenotice of request for temporary assistance has been provided, the chief ofpolice shall provide notice of the change as soon as possible to,
(a) theInspector General; and
(b) thepolice service board of the chief of police or, in the case of a request madeby the Commissioner, the Minister.
Assessmentupon receiving notice
(5)Uponreceiving a notice of request for temporary assistance under subsection (2) ora notice of change under subsection (4), the police service board of the chiefof police or the Minister, as the case may be, shall determine,
(a) whetherthe ability to request temporary assistance is used or is anticipated to beused on a recurring basis to ensure adequate and effective policing isprovided; and
(b) whetherthe policing functions for which temporary assistance is requested to beprovided may need to be the subject of an agreement under subsection 14 (1) or(2) in order to ensure adequate and effective policing is provided and thatsection 13 is complied with.
Rulesre providing temporary assistance
(6)Thefollowing rules apply to requests for temporary assistance made under thissection:
1. Ifthe request is made to the Commissioner, the Commissioner shall provide suchtemporary assistance as the Commissioner considers necessary and shall stopproviding the assistance when the Commissioner considers it is appropriate todo so.
2. Ifthe request is made to a chief of police other than the Commissioner or to anentity that employs First Nation Officers, the chief or entity may,
i. declineto provide assistance, or
ii. providesuch temporary assistance as the chief or entity considers necessary and stopproviding the assistance when the chief or entity considers it is appropriateto do so.
Noticeafter assistance by chief of police has stopped
(6.1)Achief of police who provided temporary assistance shall, after the assistancehas stopped, provide notice to the Inspector General and the chief’s policeservice board or, if the chief is the Commissioner, to the Minister, with thefollowing information:
1. Thechief of police’s decision to provide temporary assistance.
2. Whetherthe request for temporary assistance was fulfilled in whole or in part.
3. Thefinancial implications of providing assistance.
4. Anyother prescribed matters.
Noticeafter assistance by entity that employs First Nation Officers has stopped
(6.2)Ifthe temporary assistance was provided by an entity that employs First NationOfficers, the chief of police who requested the assistance shall, after theassistance has stopped, provide notice to the Inspector General with thefollowing information:
1. Whetherthe request for temporary assistance was fulfilled in whole or in part by theentity.
2. Thefinancial implications of providing assistance for the entity, if known.
3. Anyother prescribed matters.
(2)Subsection19 (7) of the Act is amended by striking out “or emergency”.
(3)Subsection19 (8) of the Act is repealed and the following substituted:
Cost,police service board or entity
(8)Ifno agreement has been entered into with respect to the cost of the temporary assistanceprovided under this section, the police service board of the chief of police,or entity that employs First Nation Officers, that provided the assistance maycertify the cost of the assistance provided, and the cost shall be paid by thepolice service board of the chief of police who requested the assistance or, inthe case of a request made by the Commissioner, by the Minister.
(4)Subsection19 (9) of the Act is amended by striking out “or emergency”.
(5)Subsection19 (11) of the Act is amended by striking out “or emergency”.
(6)Subsection19 (12) of the Act is repealed.
5Subsection 35 (1) of the Act is amended by striking out “at the time of his orher appointment as a member of the board” and substituting “before exercisingthe powers or performing the duties of a member of the board”.
6Subsection 83 (4) of the Act is repealed and the following substituted:
Certificateof appointment
(4)Thepolice service board or the Commissioner shall issue a certificate ofappointment to a person after his or her appointment as a police officer butbefore the day the person begins to exercise the powers or perform the dutiesof a police officer.
7Subsection 85 (1) of the Act is amended by striking out “at the time of his orher appointment” and substituting “before exercising the powers or performingthe duties of a police officer”.
8Subsection 91 (8) of the Act is amended by striking out “at the time of his orher appointment” and substituting “before exercising the powers or performingthe duties of an auxiliary member”.
9Subsection 92 (6) of the Act is repealed and the following substituted:
Certificateof appointment
(6)Thepolice service board or the Commissioner shall issue a certificate ofappointment to the person after his or her appointment as a special constablebut before the day the person begins to exercise the powers and perform theduties of a special constable.
10Subsection 95 (4) of the Act is amended by striking out “at the time of his orher appointment” and substituting “before exercising the powers or performingthe duties of a special constable”.
11Subsection 101 (7) of the Act is amended by striking out “at the time of his orher appointment” and substituting “before exercising the powers or performingthe duties of a First Nation Officer”.
12Subsection 107 (10) of the Act is amended by striking out “to investigate thematter, or to investigate it further” and substituting “to investigate thematter further”.
13(1)Subsection 261 (1) of the Act is amended by adding the followingparagraphs:
5.1 forthe purposes of subsection 10 (2), determining an area for which a municipalboard has policing responsibility in a manner other than in accordance withPart IV;
.. . . .
19.1 governingpayments for policing provided by a municipal board or the Commissioner under aregulation made under paragraph 5.1, including the cost of any necessaryequipment and facilities, and,
i. identifyingthe persons who are required to pay, in whole or in part, for the costs ofthose services,
ii. governingthe determination of the amounts payable for those services, which may be basedon financial capacity,
iii. governingthe payment of those amounts, including providing for the calculation andpayment of interest and penalties,
iv. governingthe collection of those amounts, including providing for payment credits andrefunds for overpayments, and
v. forthe purposes described in subparagraphs i, ii, iii and iv, establishingdifferent requirements for different classes of territories;
(2)Section261 of the Act is amended by adding the following subsection:
Nopayment owed
(1.1)Forgreater certainty, a regulation made under paragraph 18, 19 or 19.1 ofsubsection (1) may provide that no payments for policing provided to amunicipality or a territory without municipal organization are owed.
Commencement
14 This Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receivesRoyal Assent.
SCHEDULE 7
COURTS OF JUSTICE ACT
1Subsection 44 (2) of the Courts of Justice Act isamended by striking out “50 per cent of full-time service in a calendar year”at the end and substituting “the limits specified by the regulations made underthis Act”.
2Subsection 53 (1) of the Act is amended by adding the following clause:
(h) providingfor the limits to which service as a provincial judge on a part-time basis issubject for the purposes of subsection 44 (2);
Commencement
3 This Schedule comes into force on a day to be named byproclamation of the Lieutenant Governor.
SCHEDULE 8
HIGHWAY TRAFFIC ACT
1Clause 5 (1) (i) of the Highway Traffic Act isamended by striking out “permit” and substituting “permit, CVOR certificate”.
2The Act is amended by adding the following section:
Falsevehicle identification number
9.1(1)Every person who knowingly, inor with any application, declaration, affidavit or document that is requiredunder this Act or by the Ministry, submits, displays, presents or surrenders a vehicleidentification number that is false, is guilty of an offence and on conviction,in addition to any other penalty or punishment to which the person may beliable, is liable to any of the following or any combination of the following:
1. Afine of,
i. notless than $50,000 and not more than $75,000, for a first conviction, and
ii. notless than $75,000 and not more than $100,000, for each subsequent conviction.
2. Imprisonmentfor a term of not more than six months.
3. Suspensionof the person’s driver’s licence for a period of not more than one year.
4. Suspensionof the person’s vehicle permit for a period of not more than one year.
Limitation
(2)Noproceeding for an offence under this section shall be instituted more than sixyears after the facts on which the proceeding is based are alleged to haveoccurred.
3Subsection 17 (1.1) of the Act is repealed and the following substituted:
Termsand conditions
(1.1)TheRegistrar may issue a CVOR certificate subject to any terms and conditions thatthe Registrar considers appropriate, including terms or conditions requiringthe holder of the CVOR certificate,
(a) todevelop and implement safety practices or a remedial program;
(b) topay for and successfully complete educational courses or require thecertificate holder’s drivers, employees, shareholders, officers or agents totake and successfully complete educational courses, including educational coursesprovided by or on behalf of the Ministry;
(c) topay for and arrange for an assessment of the certificate holder’s safetyperformance and practices by a person approved by the Registrar or to perform aself-assessment; or
(d) toprovide the Registrar with information and documentation to determine whetherterms and conditions have been complied with and to assess the impacts of theterms and conditions.
4Subsection 17.0.2 (2) of the Act is repealed and the following substituted:
Invalidfor more than 12 months
(2)TheRegistrar shall refuse to renew a CVOR certificate that has been invalid formore than 12 months before the application for renewal is received by theRegistrar.
5The Act is amended by adding the following section:
Amendmentsto CVOR certificate, terms and conditions
18 (1)The Registrar may, at any time as theRegistrar considers appropriate, amend a CVOR certificate by varying, attachingor removing terms or conditions, including by attaching terms or conditionsrequiring the holder of the CVOR certificate,
(a) todevelop and implement safety practices or a remedial program;
(b) topay for and successfully complete educational courses or require thecertificate holder’s drivers, employees, shareholders, officers or agents totake and successfully complete educational courses, including educational coursesprovided by or on behalf of the Ministry;
(c) topay for and arrange for an assessment of the certificate holder’s safetyperformance and practices by a person approved by the Registrar or to perform aself-assessment; or
(d) toprovide the Registrar with information and documentation to determine whetherterms and conditions have been complied with and to assess the impacts of theterms and conditions.
Information
(2)TheRegistrar may require the holder of a CVOR certificate to provide the Registrarwith information and documentation that the Registrar considers necessary todetermine whether to amend the certificate as described in subsection (1), andthe certificate holder shall comply promptly with such a requirement.
Noticeof term or condition
(3)Wherethe Registrar, in amending a CVOR certificate, attaches a new term or conditionto it or varies a term or condition, the Registrar shall notify the holder ofthe CVOR certificate, in writing, of the amendment together with the effectivedate and a summary of reasons.
Effectivedate of term or condition
(4)Anamendment described in subsection (3) takes effect starting on the effectivedate specified in the notice.
Writtensubmissions
(5)Within30 days after being notified of an amendment described in subsection (3), theholder of the CVOR certificate may make written submissions respecting theamendment.
Decision
(6)TheRegistrar shall review and consider any information submitted under subsection(5) and shall notify the holder of the CVOR certificate, in writing, of thedecision.
Noright to appeal
(7)Thereis no right to appeal a decision of the Registrar under this section.
6Subsection 20 (2) of the Act is amended by striking out the portion beforeclause (a) and substituting the following:
Wherecontravention of s. 16 (2) or 47 (8) or a term or condition
(2)Apolice officer who has reason to believe that a commercial motor vehicle isbeing operated in contravention of subsection 16 (2) or 47 (8) or a term orcondition of the CVOR certificate may,
.. . . .
7(1)Section 21.1 of the Act is amended by adding the followingsubsection:
Administrativepenalty for inadequate safety rating
(2.1)Ifa prescribed authorized person is satisfied that a person is or was the holderof a CVOR certificate at the time that a prescribed safety rating is or wasassigned by the Registrar under subsection 17.1 (1) to the person, theprescribed authorized person may, by order, impose an administrative penalty onthe person in accordance with this section and the regulations.
(2)Subsection21.1 (7) of the Act is repealed and the following substituted:
Appeal
(7)Aperson who is subject to an order imposing an administrative penalty may, inaccordance with the regulations, appeal the order to a person prescribed forthe purpose of this subsection and the prescribed person may, in accordancewith the regulations, confirm, vary or set aside the order.
(3)Subsection21.1 (10) of the Act is amended by striking out “$20,000” and substituting “$50,000”.
(4)Subsection21.1 (14) of the Act is amended by adding the following clause:
(c.1) prescribingsafety ratings that may lead to the imposition of an administrative penaltyunder subsection (2.1);
(5)Clause21.1 (14) (l) of the Act is repealed and the following substituted:
(l) prescribingand governing procedures for making and serving an order under this section,including prescribing rules for service, prescribing the day on which an orderis deemed to have been received, providing that service of an order on oneperson may be effective as service on another person and providing for serviceon persons outside Ontario;
(6)Subclause21.1 (14) (m) (v) of the Act is repealed and the following substituted:
(v) governing when a person prescribedunder clause (d) may confirm, vary or set aside an order, includingestablishing any criteria to be considered or not to be considered by theperson, and limiting the extent to which an order may be varied;
8Subsection 47 (1) of the Act is amended by striking out “or” at the end ofclause (f) and by adding the following clause:
(f.1) failureto comply with a term or condition of the CVOR certificate; or
9Subsection 47.1 (1.1) of the Act is repealed and the following substituted:
Noticeof safety record concerns
(1.1)TheRegistrar may also notify an operator at any time if,
(a) theRegistrar has reason to believe that the operator may not operate a commercialmotor vehicle safely or in accordance with this Act, the regulations or otherlaws relating to highway safety; or
(b) theoperator has failed to comply with a term or condition of the CVOR certificate.
10Subsections 50 (1), (1.1) and (2) of the Act are repealed and the followingsubstituted:
Appeal
(1)Every person aggrieved by adecision of the Minister made under subsection 32 (5) for which there is aright of appeal, pursuant to a regulation made under clause 32 (14) (n) or anorder of the Registrar under clause 47 (1) (b), may appeal the decision ororder to the Tribunal.
Same
(1.0.1)Everyperson aggrieved by a decision or order of the Registrar under section 17 orclause 47 (1) (a) or (c) may appeal the decision or order to the Tribunalwithin 30 days after the day the decision or order takes effect.
Immediatesuspension, cancellation of CVOR certificate not stayed
(1.1)Despitethe Statutory Powers Procedure Act, the filing ofan appeal under subsection (1.0.1) in respect of an order immediatelysuspending or cancelling a CVOR certificate pursuant to subsection 47 (2.2)does not stay the order, unless the Tribunal orders otherwise.
Powersof Tribunal
(2)TheTribunal may confirm, modify or set aside the decision or order of the Ministeror Registrar under subsection (1) or (1.0.1).
11(1)Subsection 130 (1) of the Act is repealed and the followingsubstituted:
Carelessdriving
(1)Everyperson is guilty of the offence of driving carelessly who drives a vehicle orstreet car on a highway or in a specified place without due care and attentionor without reasonable consideration for other persons using the highway orspecified place.
(2)Subsection130 (3) of the Act is repealed and the following substituted:
Carelessdriving causing bodily harm or death
(3)Everyperson is guilty of the offence of driving carelessly who drives a vehicle orstreet car on a highway or in a specified place without due care and attentionor without reasonable consideration for other persons using the highway orspecified place and who thereby causes bodily harm or death to any person.
(3)Subsection130 (5) of the Act is repealed and the following substituted:
Deemedlack of reasonable consideration
(5)Forthe purposes of subsections (1) and (3), and without limiting the generality ofsubsections (1) and (3), a person is deemed to drive without reasonableconsideration for other persons using the highway or specified place if he orshe drives in a manner that may limit his or her ability to prudently adjust tochanging circumstances on the highway or in the specified place.
(4)Subsection130 (6) of the Act is amended by adding “or in the specified place” at the end.
(5)Section130 of the Act is amended by adding the following subsection:
Limitation
(7)Noproceeding for an offence under this section shall be instituted more than twoyears after the facts on which the proceeding is based are alleged to haveoccurred.
(6)Section130 of the Act is amended by adding the following subsection:
Definitions
(8)Inthis section,
“driver”means a person driving or having care, charge or control of a vehicle, whetheror not the vehicle is on a highway or in a specified place, and “drive” has acorresponding meaning; (“conducteur”)
“specifiedplace” means,
(a) anyparking lot, structure or garage, whether public or private, paved or unpaved,flat or multilevel, above or below grade, including any driveway or road thatconnects the parking lot to a highway,
(b) anyparking lot into which drivers are expressly or impliedly invited or permittedto enter, with or without payment, and no matter whether payment was made orwhether the driver entered with or without permission; and
(c) anyprivate, commercial or industrial parking lot from which the public wouldordinarily be excluded. (“endroit précisé”)
12(1)Subsection 214.1 (2) of the Act is amended by striking out “TheMinister of Community Safety and Correctional Services” at the beginning andsubstituting “The Solicitor General”.
(2)Subsection214.1 (4) of the Act is amended by striking out “the Minister of CommunitySafety and Correctional Services” and substituting “the Solicitor General”.
Commencement
13 (1)Except as otherwise provided in thissection, this Schedule comes into force on the day the SaferStreets, Stronger Communities Act, 2024 receives Royal Assent.
(2)Sections2, 3, 4, 5, 8 and 9 come into force on a day to be named by proclamation of theLieutenant Governor.
SCHEDULE 9
LIMITATIONS ACT, 2002
1(1)Subsection 16 (1) of the Limitations Act,2002 is amended by striking out “or” at the end of clause (j), by adding“or” at the end of clause (k) and by adding the following clause:
(l) aproceeding under subsection 4 (1) of the Justice forVictims of Terrorism Act (Canada).
(2)Subsections16 (1.1) and (1.2) of the Act are repealed and the following substituted:
Same
(1.1)Clauses(1) (h), (h.1), (h.2) and (l) apply to a proceeding whenever the act on whichthe claim is based occurred or the proceeding was commenced, and regardless ofthe expiry of any previously applicable limitation period.
Same
(1.2)Subsection(1.1) does not apply in the case of a proceeding that,
(a) hasbeen dismissed by a court and no further appeal is available; or
(b) hasbeen settled by the parties and the settlement is legally binding.
Commencement
2 This Schedule comes into force on the day the Safer Streets, Stronger Communities Act, 2024 receivesRoyal Assent.
