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Ontario Proposes New Measures for Drug-Impaired Driving

September 19, 2017

RT_NEWS4UTo help keep roads safe, Ontario plans to introduce new legislation to make drug-impaired driving laws even tougher. These tough new measures would be in addition to penalties for an impaired driving conviction under the Criminal Code of Canada. If passed, the new measures would include:

Young and Novice Drivers

  • Creating a zero tolerance approach prohibiting young (age 21 and under) and novice drivers (G1, G2, M1, M2) from having the presence of a drug in their system, as detected by a federally approved oral fluid screening device
  • Aligning existing zero tolerance for alcohol sanctions for this group with the proposed sanctions for zero tolerance for drugs
  • The proposed zero tolerance penalties for drugs or alcohol are:
Licence suspension Monetary penalty Other penalties
First occurrence 3 days $250 Other penalties, such as mandatory education or treatment programs may also apply for repeat offenders.
Second occurrence 7 days $350
Third and subsequent occurrences 30 days $450

Commercial Drivers

  • Creating a zero tolerance approach prohibiting commercial drivers from having the presence of either alcohol and/or drugs in their system, as detected by a federally approved screening device
  • The proposed penalties are:
Licence suspension Monetary penalty Other penalties
First occurrence 3 days $250 Other penalties, such as mandatory education or treatment programs may also apply for repeat offenders.
Second occurrence 3 days $350
Third and subsequent occurrences 3 days $450

All Drivers

  • Enhancing Ontario’s existing penalties by introducing escalating monetary penalties that would apply to all impaired driving sanctions (alcohol and/or drugs)
  • Drivers found to be in the warn range (Blood Alcohol Concentration (BAC) between .05 and .08) or drug-impaired drivers who fail a roadside Standardized Field Sobriety Test would face:
Licence suspension Monetary penalty Other penalties
First occurrence 3 days* $250 Mandatory education or treatment programs, and an ignition interlock requirement*
Second occurrence 7 days* $350
Third and subsequent occurrences 30 days* $450
*Current sanctions that will not change due to the ministry’s proposals

  • Alcohol impaired drivers (BAC above 0.08), drug-impaired drivers (as determined by an evaluation from a drug recognition expert) and any drivers who fail or refuse to submit to tests under the Criminal Code would face:

 

Licence suspension Monetary penalty Other penalties
First occurrence 90 days* $550 Mandatory education or treatment programs, and an ignition interlock requirement*
Second occurrence 90 days* $550
Third and subsequent occurrences 90 days* $550
*Current sanctions that will not change due to the ministry’s proposals

NOTE: Unlike a fine, which is imposed once a driver has pled guilty or been convicted, monetary penalties are provincial administrative sanctions applied at the time of the offence.

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