Defaulted fine - Section 46

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Defaulted fine - Section 46

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Defaulted fine - 46

(1) This section applies if a fine is imposed on conviction for an offence and the offence is an offence,

(a) under this Act or the regulations;

(b) under any other Act listed in the Schedule to this section or under the regulations made under such an Act;

(c) under clause 17 (1) (a) or subsection 24 (1) of the Fish and Wildlife Conservation Act, 1997;

(d) under subsection 32 (1) of the Liquor Licence Act; or

(e) that was committed with a motor vehicle under section 249, 249.1, 249.2, 249.3, 249.4, 252, 253, 254, 255 or 259 of the Criminal Code (Canada). 1993, c. 31, s. 2 (6); 1997, c. 41, s. 120; 2001, c. 9, Sched. O, s. 3; 2002, c. 18, Sched. P, s. 14 (1); 2007, c. 13, s. 9.

Order or direction

(2) If the payment of a fine imposed on conviction for an offence is in default, an order or direction may be made under section 69 of the Provincial Offences Act directing that the convicted person’s driver’s licence be suspended and that no driver’s licence be issued to him or her until the fine is paid. 1993, c. 31, s. 2 (6).

Suspension by Registrar

(3) On being informed of an outstanding order or direction referred to in subsection (2), the Registrar shall suspend the person’s driver’s licence if it has not already been suspended under another order or direction referred to in subsection (2). 1993, c. 31, s. 2 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1996, chapter 20, subsection 6 (1) by striking out “if it has not already been suspended under another order or direction referred to in subsection (2)” at the end. See: 1996, c. 20, ss. 6 (1), 32.

Reinstatement

(4) On being informed that the fine and any applicable administrative fee for reinstatement of the person’s driver’s licence have been paid, the Registrar shall reinstate the licence, unless he or she has also been informed that,

(a) another order or direction referred to in subsection (2) is outstanding;

(b) the licence is suspended under any other order or direction or under another statute;

(c) interest charged or a penalty imposed under subsection 5 (2) has not been paid; or

(d) an applicable prescribed administrative fee for handling a dishonoured cheque has not been paid. 1993, c. 31, s. 2 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is amended by the Statutes of Ontario, 1996, chapter 20, subsection 6 (2) by striking out “cheque” and substituting “payment”. See: 1996, c. 20, ss. 6 (2), 32.

Regulations

(5) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section. 1993, c. 31, s. 2 (6).

SCHEDULE

Compulsory Automobile Insurance Act

Dangerous Goods Transportation Act

Motorized Snow Vehicles Act

Off-Road Vehicles Act

Public Vehicles Act

1993, c. 31, s. 2 (6); 2002, c. 18, Sched. P, s. 14 (2).


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