January 31, 2012
Labour Article Added: B.C. Supreme Court- No Separate Procedural Duty To Treat Employee Fairly Throughout Accommodation Process
December 20, 2011
Evans, Philp is proud to sponsor the Hamilton Health Sciences 2012 Gala – “A Roaring Affair” on February 11, 2012
December 14, 2011
Labour Article Added: Court Upholds Limits on Principal’s Discretion to Conduct Teacher Performance Appraisals
November 30, 2011
Labour Article Added: Arbitrator: OHSA Violence Provisions Have Significantly Changed Workplace Law
November 23, 2011
Jury returns a zero verdict in Evans, Philp tort defence trial. Congratulations to Kieran Dickson

ONTARIO INTRODUCING ZERO BLOOD ALCOHOL CONDITIONS FOR NEW DRIVERS

July 29, 2010

The New Rules

Amendments to the Ontario Highway Traffic Act (“HTA”), aimed at preventing new drivers in Ontario from driving under the influence of alcohol, will come into effect on August 1, 2010.

The amendments introduce section 44.1 to the HTA, which creates an offence for “novice” and “young” drivers who drive with blood alcohol concentrations above zero. Young drivers will be defined as those under the age of 22, and novice drivers will be defined as drivers who have not held a Class G or M license at any time in the last three years. Young or Novice drivers who violate the new rule will have their license suspended for thirty days, and will be fined to a maximum of $500. Novice drivers will not face an automatic suspension, but may also be fined up to $500.

Insurance Implications

The requirements under section 44.1 constitute “conditions” on a person’s driver’s licence. Thus, if there is a violation, the insured has breached their motor vehicle insurance policy. Insurers dealing with motor vehicle accident claims must now always consider whether the driver(s) qualify as a young or novice driver and, if so, whether there was any alcohol consumption prior to the accident.

For example, if an insured is 35 years old, holds a Class G2 license, and has never held a G license, he qualifies as a novice driver; an 18 year-old insured with a Class G license will qualify as a young driver. In either case, the insurer must be alert that the new zero blood alcohol conditions apply and the policy may have been breached.