C-24.2, r. 22 - Regulation respecting a Reciprocal Agreement between the Province of Ontario and Québec concerning Drivers’ Licences and Traffic Offences

À jour au 1^er septembre 2012

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chapter C-24.2, r. 22

Regulation respecting a Reciprocal Agreement between the Province of Ontario and Québec concerning Drivers’ Licences and Traffic Offences

Highway Safety Code

(chapter C-24.2, s. 631).

1. Application of the Highway Safety Code (chapter C-24.2) to the holder of a driver’s licence issued by the Société de l’assurance automobile du Québec or by the Ministry of Transport of Ontario is subject to the provisions contained in the Reciprocal Agreement between the Province of Ontario and Québec concerning Drivers’ Licences and Traffic Offences, the text of which is attached hereto.

O.C. 439-89, s. 1.

2. (Omitted).

O.C. 439-89, s. 2.

SCHEDULE

(s. 1)

RECIPROCAL AGREEMENT BETWEEN THE PROVINCE OF ONTARIO AND QUÉBEC CONCERNING DRIVERS’ LICENCES AND TRAFFIC OFFENCES

WHEREAS the Province of Ontario and Québec wish to:

1. Promote compliance with traffic laws and improve highway safety within their own borders;

2. Facilitate, for their respective residents who hold a valid driver’s licence, the issuance of a licence from the other jurisdiction to which they are moving;

3. Further highway safety by treating offences for which their residents have been declared guilty in the other jurisdiction, as if they had been committed in the home jurisdiction for the purposes of updating and maintaining driver’s licence records;

4. Strengthen cooperation between the two jurisdictions so that residents satisfy fines imposed as a result of offences committed within the other jurisdiction and for which they have been found guilty;

5. Allow motorists to accept traffic citations for certain offences and proceed on their way without delay.

THEREFORE, the Province of Ontario and Québec agree to the measures set forth in this Agreement.

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

1.1. “Jurisdiction” refers to the Province of Ontario or to Québec.

1.2. “Home jurisdiction” means:

the jurisdiction that issues a driver’s licence and has the authority to suspend or revoke it.

1.3. “Jurisdiction of origin” means:

the jurisdiction which has issued the driver’s licence that the holder wants to exchange for a licence of the jurisdiction where he has moved.

1.4. “Declaration of guilt” means:

an admission of guilt entered by or on behalf of the driver or a finding of guilt after trial in a competent court or payment of a fine for an offence mentioned under article 3.1 committed in one jurisdiction by a resident of the other jurisdiction.

1.5. “Class G driver’s licence” means:

a licence issued by the Ministry of Transportation of the Province of Ontario authorizing its holder to drive any motor vehicle, including a motor assisted bicycle, not exceeding 11,000 kg gross weight or registered gross weight, and any combination of a motor vehicle not exceeding a total gross weight or registered gross weight of 11,000 kg and towed vehicles where the towed vehicles do not exceed a total gross weight of 4,600 kg, but not:

(a) a motorcycle;

(b) a bus carrying passengers; or

(c) an ambulance in the course of providing ambulance service.

1.6. “Class 42 driver’s licence” means:

a licence issued by the Régie de l’assurance automobile du Québec authorizing its holder to drive a motor vehicle or a combination of road vehicles whose gross vehicle weight is under 11,000 kg, except a commercial vehicle carrying goods for which a permit from the Commission des transports du Québec is required, as well as a farm tractor and a moped.

1.7. “Valid driver’s licence” means:

a driver’s licence that at the time of exchange has not expired and is not revoked or suspended in accordance with the laws of the issuing jurisdiction.

ARTICLE 2

DRIVER’S LICENCE EXCHANGE

2.1. A resident of Ontario holder of a valid class “G” driver’s licence may, when moving to Québec, exchange such licence without examination, other than a vision test, for a class 42 driver’s licence, on payment of the fees prescribed by regulation and of the amount fixed by Section 151 of the Automobile Insurance Act (chapter A-25).

2.2. A resident of Québec holder of a valid class 42 driver’s licence may, when moving to the Province of Ontario, exchange such licence without an examination, other than a vision test, for a class “G” driver’s licence, on payment of the fees prescribed by regulation under the Highway Traffic Act (chapter 198).

2.3. The exchanged licence shall be returned to the jurisdiction of origin.

2.4. The jurisdiction of origin will verify the validity of the licence by disclosing to the home jurisdiction the following information, if available:

— the holder’s name, address and date of birth;

— the holder’s height and sex;

— the holder’s driving record of convictions, collision involvement and date first licensed;

— the driver’s licence number;

— the expiry date of the licence;

— any restrictions to which the holder is subject;

— any suspensions or revocations of record, including:

• the reason for such suspension or revocation;

• the expired suspensions or revocations;

— the date of disclosure.

2.5. Information obtained by the new jurisdiction of residence pursuant to article 2.4 becomes part of the driver’s record.

2.6. A driver’s licence issued pursuant to articles 2.1 or 2.2 may be subsequently suspended, revoked, cancelled or restricted, or additional examination may be required based upon information received pursuant to article 2.4.

ARTICLE 3

REPORTS AND EFFECTS OF CONVICTION

3.1. Declarations of guilt concerning the following offences shall be reported to the home jurisdiction by the jurisdiction in which the offence was committed:

3.1.1. Criminal offences

— Offences relating to the operation of a motor vehicle while under the influence of alcohol or drugs, under Sections 237, 238 and 239 of the Criminal Code (R.S.C., chapter C-34);

— Offences relating to criminal negligence or manslaughter resulting from the operation of a motor vehicle, under Sections 203, 204 and 219 of the Criminal Code;

— Offences relating to dangerous driving, under Section 233 of the Criminal Code;

— Offences relating to the failure to stop at the scene of a fatal accident or personal injury accident or leaving without reporting, under Section 236(1)a of the Criminal Code;

3.1.2. Traffic offences

— Offences relating to driving over a prescribed or posted speed limit under Section 109 of the Highway Traffic Act of the Province of Ontario and under Sections 328 and 329 of the Québec Highway Safety Code (chapter C-24.2);

— Offences relating to the failure to obey a red light or a stop sign, under Sections 116 and 124 of the Highway Traffic Act and under Sections 359, 360 and 368 of the Highway Safety Code;

— Offences relating to the failure to stop at the approach of a school bus with its flashing lights in operation, under Section 151 of the Highway Traffic Act and under Section 460 of the Highway Safety Code;

— Offences relating to dangerous or careless driving under Section 111 of the Highway Traffic Act and under Section 327 of the Highway Safety Code;

— Offences relating to the failure to report an accident to a police or peace officer under Section 173 of the Highway Traffic Act and under Sections 169, 170 and 171 of the Highway Safety Code;

— Offences relating to the failure to remain at the scene of an accident under Section 174 of the Highway Traffic Act and under Section 168 of the Highway Safety Code;

— Offences relating to driving a road vehicle in a race or a bet or wager under Section 148 of the Highway Traffic Act and under Section 422 of the Highway Safety Code.

3.1.3. Other offences

— Offences under municipal by-laws or ordinances, an Act of Canada or a regulation thereunder which correspond to those offences listed in paragraph 3.1.2.

3.2. Information reported under article 3.1 shall be transmitted in a manner mutually agreeable to both parties.

3.3. For the purposes of driver licensing records, each jurisdiction shall recognize a declaration of guilt in the other jurisdiction concerning one of its residents as if the violation had been committed in the home jurisdiction.

Demerit points shall be assessed or suspensions or revocations issued in accordance with the Appendix to this Agreement.

ARTICLE 4

ISSUANCE OF CITATION

4.1. Except as provided under article 4.2, a police officer issuing a citation to a resident of the other jurisdiction, shall not require the posting of collateral or take the resident into custody unless the officer has reasonable grounds to believe that the resident will not comply with the terms of the citation.

4.2. A police officer may, for an offence mentioned under paragraph 3.1.1, require the posting of collateral or take the resident of the other jurisdiction into custody.

ARTICLE 5

COMPLIANCE WITH TRAFFIC CITATIONS

5.1. Whenever a resident of the other jurisdiction has failed following a declaration of guilt, to pay a fine imposed as a result thereof, within 30 days, for an offence mentioned under paragraph 3.1.2 or 3.1.3 of article 3, the jurisdiction in which the ticket was issued may, as soon thereafter as possible, notify the home jurisdiction of such failure.

5.2. Upon receipt of the notification prescribed in article 5.1, the home jurisdiction shall inform the driver that his driving privileges are suspended in the other jurisdiction pending compliance with the terms of the citation and other legal requirements that may apply.

5.3. No report shall be transmitted under article 5.1 if the date of transmission is more than six (6) months from the date of sentencing.

ARTICLE 6

ADMINISTRATION OF THE AGREEMENT

6.1. The Régie de l’assurance automobile du Québec and the Registrar of Motor Vehicles of the Ministry of Transportation of the Province of Ontario shall be the administrators of this Agreement and shall be empowered to develop the forms and procedures necessary to administer this Agreement.

6.2. The administrator in each party jurisdiction shall furnish to the other any information or documents necessary to facilitate administration of this Agreement. Such information shall include notification of any changes in provincial laws or regulations which materially affect the terms of this Agreement.

6.3. Notwithstanding article 6.2, the provisions of this Agreement shall remain in force, mutatis mutandis, when any amendment to the laws or regulations of either jurisdiction do not substantially affect these provisions.

6.4. The parties shall conform to any statutory provisions applicable to the access to documents held by governmental institutions and to the protection of personal information.

ARTICLE 7

VALIDITY OF OTHER LAWS

This Agreement does not invalidate any provision of a law or a regulation relating to driver licences in effect in either jurisdiction, nor does it affect other reciprocal agreements.

ARTICLE 8

EFFECTIVE DATES AND WITHDRAWAL

The provisions of this Agreement will be effective the first (1st) day of April 1989. Either jurisdiction may withdraw from this Agreement by written notice to the other jurisdiction, but no such withdrawal shall take effect until 90 days after receipt of such notice.

ARTICLE 9

SEVERABILITY

The provisions of this Agreement are severable.

Signed at Montréal, Québec this 8th day of November 1988.

In duplicate in the English and French languages each text being equally authentic.

Province of Ontario

Minister of Transportation

E. Fulton

Québec

Ministre des Transports

Marc-Yvan Côté

Ministre délégué aux Affaires

intergouvernementales

canadiennes

Gil Rémillard

RECIPROCAL AGREEMENT BETWEEN THE PROVINCE OF ONTARIO AND QUÉBEC CONCERNING DRIVERS’ LICENCES AND TRAFFIC OFFENCES

APPENDIX

ARTICLE I

PENALTIES APPLIED BY QUÉBEC

In accordance with article 3 of the Agreement, Québec will apply the following penalties to its residents convicted of offences in the Province of Ontario.

______________________________________________________________________________

Offences pursuant to the legislation         Applicable penalty in Québec
of the province of Ontario
______________________________________________________________________________

                              I. CRIMINAL OFFENCES                              
______________________________________________________________________________

1.1 Section 237, 238 or 239              1.1 Licence revocation or suspension
    of the Criminal Code                     of the right to obtain a 
                                             licence: at least one year

1.2 Section 203, 204 or 219 of the       1.2 Licence revocation or suspension
    Criminal Code                            of the right to obtain a
                                             licence: at least one year

1.3 Section 233 of the Criminal Code     1.3 Licence revocation or suspension
                                             of the right to obtain a 
                                             licence: at least one year

1.4 Section 236(1)a of the Criminal      1.4 Licence revocation or suspension
    Code                                     of the right to obtain a
                                             licence: at least one year
______________________________________________________________________________

                         II. TRAFFIC AND OTHER OFFENCES                       
______________________________________________________________________________

2.1 Section 109 of Highway Traffic       2.1 Assessment of at least one (1)
    Act or like section of a municipal       demerit point on the driver’s
    traffic by-law, an Act of Canada or      record
    regulation thereunder 

2.2  Section 116 and 124 of Highway      2.2 Assessment of at least two (2)
     Traffic Act or like section of a        demerit points on the driver’s
     municipal traffic by-law, an Act of     record
     Canada or regulation thereunder

2.3 Section 151 of Highway Traffic       2.3 Assessment of nine (9) demerit
    Act or like of a municipal traffic       points on the driver’s record
    by-law, an Act of Canada or 
    regulation thereunder

2.4 Section 111 of Highway Traffic       2.4 Assessment of four (4) demerit
    Act or like section of a municipal       points on the driver’s record
    traffic by-law, an Act of Canada
    or regulation thereunder

2.5 Section 173 of Highway Traffic       2.5 Assessment of nine (9) demerit
    Act or like section of a municipal       points on the driver’s record
    traffic by-law, an Act of Canada
    or regulation thereunder

2.6 Section 174 of Highway Traffic       2.6 Assessment of nine (9) demerit
    Act or like section of a                 points on the driver’s record
    municipal traffic by-law, an Act
    of Canada  or regulation
    thereunder

2.7 Section 148 of Highway Traffic       2.7 Assessment of six (6) demerit
    Act or like section of                   points on the driver’s record
    a municipal traffic by-law,
    an Act of Canada or
    regulation thereunder
______________________________________________________________________________    

ARTICLE II

PENALTIES APPLIED BY THE PROVINCE OF ONTARIO

In accordance with article 3 of the Agreement, the Province of Ontario will apply the following penalties to its residents convicted of offences in Québec

________________________________________________________________________________

Offences pursuant to Québec legislation      Applicable penalty in Ontario
________________________________________________________________________________

                               I. CRIMINAL OFFENCES                             
________________________________________________________________________________

1.1 Section 237, 238 or 239 of the       1.1 Licence revocation or suspension
    Criminal Code                            of the right to obtain a  
                                             licence: at least one year

1.2 Section 203, 204 or 219 of the       1.2 Licence revocation or suspension
    Criminal Code                            of the right to obtain a
                                            licence: at least one year

1.3 Section 233 of the Criminal Code     1.3 Licence revocation or suspension 
                                             of the right to obtain a
                                             licence: at least one year

1.4 Section 236(1)a of the               1.4 Licence revocation or suspension 
    Criminal Code                            of the right to obtain a   
                                             licence: at least one year
________________________________________________________________________________

                          II. TRAFFIC AND OTHER OFFENCES                        
________________________________________________________________________________

2.1 Section 328 and 329 of the           2.1 Assessment of at least three (3)
    Highway Safety Code or like              demerit points on the driver’s
    section of a municipal                   record if the speed limit was
    traffic by-law, an Act of                exceeded by more than 15 km/h.
    Canada or regulation thereunder

2.2 Section 359, 360 and 368 of the      2.2 Assessment of at least three (3)
    Highway Safety Code or like              demerit points on the driver’s
    section of a municipal traffic           record
    by-law, an Act of Canada or
    regulation thereunder

2.3 Section 460 of the Highway Safety    2.3 Assessment of at least six (6)
    Code or like section of a                demerit points on the driver’s
    municipal traffic by-law,                record
    an Act of Canada or regulation 
    thereunder

2.4 Section 327 of the Highway           2.4 Assessment of six (6) demerit
    Safety Code or like section of           points on the driver’s record
    a municipal traffic by-law,
    an Act of Canada or regulation
    thereunder

2.5 Section 169, 170 or 171 of the       2.5 Assessment of three (3) demerit
    Highway Safety Code or like              points on the driver’s record
    section of a municipal traffic 
    by-law, an  Act of Canada or 
    regulation thereunder

2.6 Section 168 of the Highway           2.6 Assessment of seven (7) demerit
    Safety Code or like section              points on the driver’s record
    of a municipal traffic by-law,
    an Act of Canada or
    regulation thereunder

2.7 Section 422 of the Highway           2.7 Assessment of six (6) demerit
    Safety Code or like section              points on the driver’s record
    of a municipal traffic by-law,
    an Act of Canada or 
    regulation thereunder
________________________________________________________________________________

O.C. 439-89, Sch.

REFERENCES

O.C. 439-89, 1989 G.O. 2, 1533

S.Q. 1990, c. 19, s. 11

S.Q. 1997, c. 43, s. 875