Keeping Ontario Open for Business Act, 2022, S.O. 2022, c. 10 - Bill 100

JurisdictionOntario
Date14 April 2022
Bill Number100

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 100 and does not form part of the law. Bill 100 has been enacted as Chapter 10 of the Statutes of Ontario, 2022.

The Bill enacts the Keeping Ontario Open for Business Act, 2022. The Act establishes prohibitions and enforcement mechanisms to prevent persons from impeding access to, egress from or ordinary use of protected transportation infrastructure. “Protected transportation infrastructure” is defined in section 1 as any land or water border crossing point between Ontario and the United States, any airport that regularly accommodates flights directly between Ontario and a country other than Canada that is prescribed by the regulations made under the Act, and any other transportation infrastructure that is of significance to international trade that is prescribed by the regulations made under the Act. In the case of regulations prescribing other transportation infrastructure, subsection 17 (2) provides that any such regulation ceases to apply after 30 days, if it is not revoked earlier.

Section 2 sets out the main prohibitions in the Act. Subsection 2 (1) prohibits persons from impeding access to or egress from, or the ordinary use of, protected transportation infrastructure, or from directly or indirectly causing such access, egress or ordinary use to be impeded, if the impediment has or is reasonably expected to have the effect of disrupting ordinary economic activity or interfering with the safety, health or well-being of members of the public. Subsection 2 (4) prohibits persons from knowingly aiding a person in doing something prohibited under subsection (1). Subsections 2 (3) and (5) set out exceptions and circumstances in which the prohibitions do not apply.

Most of the rest of the Act addresses enforcement.

Sections 3 to 9 set out powers and procedures to deal with circumstances in which there are reasonable grounds to believe that there is or has been a contravention of a prohibition under section 2.

1. Section 3 empowers police officers to direct persons to cease contravening section 2, including to disperse, or to remove objects being used in a contravention of section 2. “Object” is defined in section 1 as including vehicles. In specified circumstances, police officers may remove an object.

2. Section 4 empowers police officers to direct owners or operators of vehicles being used in a contravention of section 2 to remove the vehicles. If they are not removed, they may be removed by police officers.

3. Section 5 provides that police officers may maintain possession of and store objects that have been removed under section 3 or 4, for up to 30 days. Subsection 5 (3) makes costs and charges arising from the removal or storage of an object a debt due by the owner of the object and other specified persons.

4. Section 6 provides for police officers to be assisted in the removal or storage of objects.

5. Section 7 empowers police officers to direct persons who use a vehicle in contravening section 2 to surrender their driver’s licence. At the same time, the driver’s licence is suspended for 14 days. Section 7 applies with respect to driver’s licences issued outside of Ontario, with specified modifications.

6. Section 8 empowers police officers to seize the number plates displayed on vehicles used in contravening section 2. At the same time, the plate portion of the permit for the vehicle is suspended for 14 days. Section 8 applies with respect to number plates and vehicle permits issued outside of Ontario, with specified modifications.

7. Section 9 empowers the Registrar of Motor Vehicles to make orders, without a hearing, suspending or cancelling the plate portion of a permit for a commercial motor vehicle or trailer or a CVOR certificate, if the holder of the permit or certificate has contravened section 2 or is the owner or operator of a commercial motor vehicle or trailer that has been used in a contravention under that section. If such an order has been made, the number plates displayed on the commercial motor vehicle or trailer may be seized. A request may be made for the order to be modified or rescinded, and the Registrar is required to review and consider the request. Section 9 applies with respect to commercial motor vehicles and trailers with vehicle permits issued outside of Ontario, with specified modifications.

Section 10 creates offences for contraventions under section 2 and other specified provisions of the Act, and section 11 sets out the penalties that apply on conviction. Under section 12, police officers are empowered to direct persons to provide identifying information for the purpose of commencing a proceeding under the Provincial Offences Act. Section 13 provides for specified related powers of arrest without a warrant.

Finally, under section 14, an application may be made to the Superior Court of Justice for an order restraining a person from continuing a contravention under section 2.

The remaining provisions of the Act deal with various matters:

1. Section 15 provides for immunity from personal liability for individuals in specified circumstances.

2. Section 16 requires a review of the first 12 months of the application of the Act.

3. Section 17 specifies the regulations that may be made under the Act.

The Act makes complementary amendments to the Civil Remedies Act, 2001. Additionally, section 46 of the Highway Traffic Act is amended to provide that a default on a fine payable on conviction under the Keeping Ontario Open for Business Act, 2022 may result in the suspension of the convicted person’s driver’s licence.

The Act comes into force on Royal Assent.

chapter 10

An Act to enact legislation to protect access to certain transportation infrastructure

Assented to April 14, 2022

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS

Definitions

1 In this Act,

“commercial motor vehicle” means a commercial motor vehicle as defined in section 1 of the Highway Traffic Act; (“véhicule utilitaire”)

“CVOR certificate” means a CVOR certificate as defined in section 1 of the Highway Traffic Act; (“certificat d’immatriculation UVU”)

“object” includes a vehicle; (“objet”)

“operator” means, when used in reference to a commercial motor vehicle,

(a) an operator as defined in subsection 16 (1) of the Highway Traffic Act, and

(b) in the absence of evidence to the contrary, where there is no CVOR certificate, national safety code number under the Motor Vehicle Transport Act (Canada) or lease applicable to the vehicle, the holder of the plate portion of the vehicle permit; (“utilisateur”)

“owner” includes, when used in reference to a vehicle,

(a) the holder of the vehicle permit, and

(b) the holder of the vehicle permit corresponding to the number plate that is displayed on the vehicle; (“propriétaire”)

“protected transportation infrastructure” means,

(a) any land or water border crossing point between Ontario and the United States,

(b) any airport that regularly accommodates flights directly between Ontario and a country other than Canada and that is prescribed by the regulations, and

(c) any other transportation infrastructure that is of significance to international trade and that is prescribed by the regulations; (“infrastructure de transport protégée”)

“Registrar” means the Registrar of Motor Vehicles under the Highway Traffic Act; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“trailer” means a trailer as defined in section 1 of the Highway Traffic Act; (“remorque”)

“vehicle” includes a commercial motor vehicle and a trailer; (“véhicule”)

“vehicle permit” means a permit as defined in section 6 of the Highway Traffic Act or a vehicle permit issued by another jurisdiction. (“certificat d’immatriculation de véhicule”)

Prohibitions respecting access to protected transportation infrastructure

Prohibition impeding access, etc.

2 (1) No person shall impede access to or egress from, or the ordinary use of, protected transportation infrastructure, or directly or indirectly cause such access, egress or ordinary use to be impeded, if the impediment has or is reasonably expected to have the effect of,

(a) disrupting ordinary economic activity; or

(b) interfering with the safety, health or well-being of members of the public.

Same

(2) Subsection (1) applies whether the person is acting,

(a) individually or in co-operation with others; and

(b) through the use of a vehicle or by any other means.

Exceptions

(3) Subsection (1) does not apply if the effect of the impediment,

(a) is or is reasonably expected to be trivial, transient or minor in nature; or

(b) can easily be avoided by persons attempting to access, use or depart from the protected transportation infrastructure.

Prohibition on assistance

(4) No person shall provide assistance to another person to knowingly aid that person to do anything prohibited by subsection (1), including by providing supplies, fuel or other materials.

Non-application

(5) This section does not apply with respect to any activity,

(a) for which authorization, in any form, has been granted by a person or entity who is authorized under an Act of Ontario or Canada to give the authorization;

(b) that is required under an Act of Ontario or Canada or a court order; or

(c) of a peace officer acting in the course of their duties, or of a person acting under the direction of such a peace officer.

Directions to cease, remove objects, disperse

Direction to cease, remove objects

3 (1) A police officer who has reasonable...

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