Moving Ontarians More Safely Act, 2021, S.O. 2021, c. 26 - Bill 282

JurisdictionOntario
Bill Number282
Date03 June 2021

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 282 and does not form part of the law. Bill 282 has been enacted as Chapter 26 of the Statutes of Ontario, 2021.

Schedule 1
Highway Traffic Act

The Schedule amends the Highway Traffic Act. The major elements of the Schedule are set out below.

The Act is amended with respect to motor assisted bicycles and power-assisted bicycles. The definition of “power-assisted bicycle” is amended to set out three different types of power-assisted bicycles. The Schedule also changes the minimum age for operating bicycle-style power-assisted bicycles from 16 to 14. Related amendments are also made.

The Act is also amended to provide that an automated street car enforcement system may be used respecting the offence of passing a street car under section 166. The owner of a motor vehicle is not subject to conviction or penalty as an owner in respect of an alleged contravention of section 166 except on the basis of evidence obtained through the use of an automated street car enforcement system. An owner of a motor vehicle convicted as an owner on the basis of evidence obtained through the use of an automated street car enforcement system is not liable to a driver’s licence suspension under section 46 as a result of default in payment of a fine resulting from that conviction. The driver of a motor vehicle convicted as a driver of an offence under section 166 on the basis of evidence obtained through the use of an automated street car enforcement system is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction.

The Act is amended with respect to racing motor vehicles on highways and includes the following amendments:

1. Subsection 172 (2) is amended to require a mandatory licence suspension if convicted of an offence under subsection 172 (1).

2. Section 172 is amended to change the duration of the administrative impoundment of a vehicle from seven days to 14 days and to change the duration of a licence suspension from seven days to 30 days.

3. Sections 199 and 200 are amended to specify that, among other things, accidents involving a vehicle’s door coming into contact with a cyclist, bicycle or moving vehicle must be reported to the nearest police officer.

4. Clause 214.1 (7) (b) is added to provide that a penalty for racing in a community safety zone shall include the suspension of a person’s licence.

Various other amendments are made to the Act, including amendments to,

(a) establish that the rate of speed on a highway not within a local municipality or within a built-up area is 80 kilometres per hour;

(b) permit an officer appointed for carrying out the provisions of the Act to direct traffic;

(c) permit the use of automated flagger assistance devices and impose requirements on drivers relating to such devices; and

(d) permit a police officer or an officer appointed for carrying out the provisions of the Act to prohibit a driver from driving a commercial motor vehicle on a highway in the specified circumstances.

Schedule 2
Metrolinx Act, 2006

The Schedule amends the definition of GO Transit in the Metrolinx Act, 2006 to provide that the term means the Greater Toronto Transit Authority that was continued under the GO Transit Act, 2001, as it read immediately before August 24, 2006.

Schedule 3
Towing and Storage Safety and Enforcement Act, 2021

The Schedule enacts the Towing and Storage Safety and Enforcement Act, 2021, which regulates the provision of towing services and vehicle storage services, as defined in section 1 of the Act. The provision of any such services requires certification by the Director of Towing and Vehicle Storage Standards appointed under the Act. The Act provides for different categories of certificates for tow truck drivers, tow operators and vehicle storage operators, all as defined in the Act. (Sections 1 to 10 of the Act)

Certificate holders are subject to the requirements and standards respecting towing services and vehicle storage services that are set out in the Act and that may be specified by regulations made under the Act by the Lieutenant Governor in Council. These include requirements and standards respecting the operational aspects of providing towing services and vehicle storage services, such as equipment, maintenance and record keeping. Prohibited practices may also be specified by regulations made under the Act. (Sections 11 to 18 of the Act)

The Act separately sets out requirements, standards and prohibitions to address the protection of users of towing services and vehicle storage services, and more may be added by regulation. These include requirements to obtain consent before providing towing services or vehicle storage services, requirements respecting estimates and invoices, rules about amounts that may be charged for towing services or vehicle storage services and prohibitions on coercion and misrepresentation. Complaints concerning conduct that may not comply with the Act or the regulations may be made to the Director. (Sections 19 to 37 of the Act) The Act also sets out specific rules respecting the provision of towing services at collision scenes. (Sections 38 and 39 of the Act)

The Act provides for the designation of highways or parts of highways as restricted towing zones, in which only authorized certificate holders may provide towing services. (Sections 40 to 43 of the Act) The Act also provides that one or more dispatch services may be designated by the regulations for the purpose of governing the dispatching of tow trucks, and that specified persons would be required to use any such dispatch service. (Section 44 of the Act)

The Act provides for the imposition of administrative penalties in the event of non-compliance with the Act or the regulations, as well as offence provisions with related penalties. (Sections 45 to 48 of the Act)

A Director of Towing and Vehicle Storage Standards, with specified powers and duties, may be appointed for the purposes of the Act. (Sections 49 to 52 of the Act) The Director may in turn appoint inspectors for enforcement purposes. The Act sets out the inspection powers that apply. (Sections 53 and 54 of the Act)

The remaining provisions of the Act address various miscellaneous matters, including forms, electronic means and formats, evidentiary matters, protections against personal liability and transitional rules. (Sections 55 to 63 of the Act) Regulation-making powers are set out in section 64. Finally, a number of consequential amendments are made to other Acts. (Sections 65 to 68 of the Act) The main body of the Act comes into force on a day to be named by proclamation of the Lieutenant Governor. (Section 69 of the Act)

chapter 26

An Act in respect of various road safety matters

Assented to June 3, 2021

CONTENTS

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

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Moving Ontarians More Safely Act, 2021.

Schedule 1
Highway Traffic Act

1 The definition of “power-assisted bicycle” in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

“power-assisted bicycle” means,

(a) a pedal-driven bicycle of conventional exposed fork-and-frame bicycle design and appearance that does not resemble a motor scooter or motorcycle and that,

(i) has two or three wheels,

(ii) is fitted at all times with pedals that are always operable to propel the bicycle,

(iii) is capable at all times of being propelled on level ground solely by using muscular power to operate the pedals,

(iv) has steering handlebars,

(v) has wheels that have a width of not less than 35 millimetres and a diameter of not less than 350 millimetres,

(vi) has one or more electric motors that, singly or in combination, have a continuous rated output power not exceeding 500 watts and that is incapable of providing propulsion assistance when the bicycle attains a speed of 32 kilometres per hour or more, and

(vii) weighs not more than 55 kilograms,

(b) a vehicle that has the appearance of a motor scooter, with a seat and an open frame that may be stepped through and a platform on which the rider’s feet may rest and that,

(i) meets the description in subclauses (a) (i) to (vi), and

(ii) weighs not more than 120 kilograms,

(c) a vehicle that has the appearance of a motorcycle, with a saddle designed to be straddled and a footrest, pedals or pegs where the rider’s feet may remain secure, and that meets the description in subclauses (b) (i) and (ii); (“bicyclette assistée”)

2 The Act is amended by adding the following section:

Adoption by reference

1.3 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council or the Minister, as the case may be, considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.

Rolling incorporation by reference

(2) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may...

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