The following initiatives came into effect September 30, 1998:

1. Increased Periods of Suspension:


A Person convicted of driving under suspension receives a one year driving suspension. There is no charge for a first time offender. For a second conviction, the period of suspension increases from the current two (2) years to three (3) years. For a third conviction, the period of suspension increases from the current three (3) years to a lifetime suspension. The driver may apply at ten (10) years to be reinstated if the prescribed conditions are met. The driver with a third subsequent conviction will be suspended for life, with no possibility of reinstatement.

2. Remedial Measures


All drivers convicted of offences committed on or after September 30, 1998 will have to enroll in and successfully complete a remedial measures program to have their license reinstated. The same fee - $475 – will have to be paid by all drivers, regardless of whether they are first time or subsequent offenders. There will be an education and a treatment component to the program as well as a follow up component that must be fulfilled in order to be reinstated. The remedial program is intended to address both drinking and driving. Drivers convicted of non-drinking driving offences will not be required to complete the same remedial program, but will be required to complete a driver improvement program through MTO.

3. Reinstatement:


Drivers convicted of offences committed on or after the effective dates will no longer have their drivers license simply reinstated. Those suspended for the one or three year periods will be reinstated, provided that the applicable remedial program is successfully completed and the reinstatement fee is paid. If the driver is convicted of another Criminal Code driving offence prior to reinstatement, they will no longer be considered to have successfully completed the program, impacting the ability to be reinstated. For a driver convicted for a third time, in order to qualify to be reinstated at ten years, they must (1) successfully complete the prescribed remedial program, (2) have no convictions for Drive Suspended under the HTA or the related Criminal Code provisions during the ten years, (3) satisfy the medical requirement, (4) agree to the installation of an ignition interlock device and (4) pay the $475 reinstatement fee. Fourth time offenders cannot be reinstated.

4. Pardons:
   
   A change in policy will now see the MTO no longer recognize pardons obtained by the driver. This change was necessitated by the new increased periods of suspension. As a result, the MTO driver record may include those convictions, which do not appear on the criminal record for sentencing purposes. This may result in differences between the MTO driver record and the criminal record.

In addition to the amendments above, the legislation also contains initiatives intended to deter drivers from continuing to drive while under suspension. As of November 30, 1998:

1. Increased Fines:
   

Drivers who drive while under suspension will be subject to a minimum fine of $1,000 and maximum of $5,000 for the first offence. For a subsequent offence, the minimum fine increases to $2,000 with the maximum remaining the same. These penalties apply under section 53 of the Highway Traffic Act where the driver’s license is under suspension for unpaid fines, unpaid family support payments, accumulated demerit points or other HTA related reason.

2. New Offence:
   
   There is a new HTA offence for those drivers who drive while under suspension due to a Criminal Code conviction. Minimum fine for a first offence is $5,000 with a maximum of $25,000. A subsequent offence has a minimum fine of $10,000 and a maximum of $50,000. Also, the convicted driver will be subject to the additional period of suspension discussed above.