Suspension on: reinstatement, reduction, extension of - 41.1

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Suspension on: reinstatement, reduction, extension of - 41.1

by: admin on
Thu Jan 24, 2008 10:23 am

Suspension on: reinstatement, reduction, extension of conviction - 41.1

Reinstatement of suspended licence

(1) Where the Registrar is satisfied that a person whose driver’s licence is suspended under clause 41 (1) (f) or (g) has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reinstate the driver’s licence upon the expiry of the suspension, subject to any other suspension under this Act. 1997, c. 12, s. 2.

Reduction of indefinite suspension and reinstatement of licence

(2) Where the Registrar is satisfied that a person whose driver’s licence is suspended under clause 41 (1) (h) for a second subsequent conviction has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reduce the period of the suspension to 10 years and shall reinstate the driver’s licence upon the expiry of the reduced suspension, subject to any other suspension under this Act. 1997, c. 12, s. 2.

Further suspension

(3) If, upon the expiry of a suspension under subsection 41 (1), the person whose driver’s licence is suspended has not satisfied the Registrar that he or she has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall suspend the person’s driver’s licence until such time as the Registrar is so satisfied. 1997, c. 12, s. 2.

Effective date of further suspension

(4) A suspension under subsection (3) takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose driver’s licence is suspended. 1997, c. 12, s. 2.

Parties to judicial review

(5) The parties to any judicial review brought in respect of this section are the Registrar and the person whose driver’s licence is suspended. 1997, c. 12, s. 2.

Documents privileged

(6) Documents filed with the Ministry for the purposes of this section are privileged for the information of the Ministry only and shall not be open for public inspection. 1997, c. 12, s. 2.

Persons authorized to provide programs

(6.1) The Minister may authorize or require any person or class of persons to provide or conduct assessments and programs for the purposes of this section and may require them to prepare, keep and submit reports to the Ministry as specified by the Ministry. 2007, c. 13, s. 7 (1).

Protection from personal liability

(7) No action or other proceeding for damages shall be instituted against a person authorized or required to conduct an assessment or program or submit a report for the purposes of this section, unless the person was negligent in the conduct of the assessment or program or in the preparation or submission of the report. 1997, c. 12, s. 2; 2007, c. 13, s. 7 (2).

Same

(8) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension or reinstatement of a driver’s licence in good faith in the execution or intended execution of a duty under this section. 1997, c. 12, s. 2.

Crown not relieved of liability

(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (7) and (8) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (7) or (8) to which it would otherwise be subject. 1997, c. 12, s. 2.

Regulations

(10) The Lieutenant Governor in Council may make regulations,

(a) governing the assessments and remedial programs required under this section and prescribing what constitutes their completion;

(b) prescribing fees for assessments and remedial programs;

(c) Repealed: 2007, c. 13, s. 7 (3).

(d) respecting documents required to be filed with the Registrar to satisfy him or her with respect to the completion of assessments and remedial programs;

(e) prescribing the requirements to be met by a person in order to have his or her suspension reduced or his or her driver’s licence reinstated under this section;

(f) prescribing conditions that the Minister may impose on a driver’s licence reinstated under this section;

(g) prescribing the length of time that conditions imposed on a driver’s licence reinstated under this section will apply, or a method for determining it;

(h) requiring a person whose licence is suspended under subsection 41 (1) or whose licence is reinstated under this section to attend an interview with an official of the Ministry and prescribing the circumstances where the interview will be required and the purposes of the interview;

(i) defining classes of persons, based on the nature of the offence or offences for which a driver’s licence may be suspended under section 41 and on the number of convictions a person has for offences described in subsection 41 (1);

(j) providing that this section, or any part of it, applies to a class or classes of persons or exempting any class or classes of persons from this section or any part of it, prescribing conditions for any such applications or exemptions and prescribing circumstances in which any such applications or exemptions apply. 1997, c. 12, s. 2; 2007, c. 13, s. 7 (3, 4).

Same

(11) A regulation made under subsection (10) may provide differently for different classes of persons and in different parts of Ontario. 1997, c. 12, s. 2.


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