OntarioDid Not Pass43rd Parliament, 1st Session

Bill 40 explained in plain English

Moving Ontarians Safely Act, 2023

Justice & the Law Public Safety & Security Consumer Protection

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

How This Type of Bill Becomes Law Official source

At a glance

Jurisdiction

Ontario Legislature

Legislature / Parliament

Legislative Assembly of Ontario

Session

43rd Parliament, 1st Session

Bill number

Bill 40

Full title

Moving Ontarians Safely Act, 2023

Current status

Did Not Pass

Latest event

Lost on division

Last updated

Nov 20, 2023

Sponsor

Joel Harden

Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber

Legislative Assembly of Ontario

Current Stage

Lost on division

Latest Activity

Nov 20, 2023

Sponsor

Joel Harden

Plain-language explanation

In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing

Short Version

The Moving Ontarians Safely Act, 2022, amends the Highway Traffic Act to introduce new penalties for drivers whose actions cause injury or death to vulnerable road users due to traffic law violations.

What It Means

This bill, called the Moving Ontarians Safely Act, 2022, proposes changes to the Highway Traffic Act. It aims to create specific consequences for drivers who cause death or serious injury to certain vulnerable road users, such as pedestrians, cyclists, and emergency responders, by breaking traffic laws. These consequences include penalties for the original traffic violation, a mandatory probation order requiring a driving course and community service, and a suspension of the driver's licence during probation. The bill also outlines procedures for commencing legal proceedings, requires the defendant to attend sentencing hearings, and allows for victim impact statements to be considered. It also provides for regulations to be made concerning prescribed individuals and driving instruction courses.

What This Bill Does

Introduces a new offence for drivers who cause or contribute to causing death or serious bodily harm to certain road users by violating specific traffic laws.
Specifies the individuals considered vulnerable road users, including pedestrians, cyclists, mobility device users, roadway workers, and certain emergency responders.
Lists the traffic law provisions that, if contravened and contributing to injury or death, can lead to the new offence.
Establishes that a conviction for this new offence results in penalties for the original traffic violation, a mandatory probation order, and a driver's licence suspension.
Details the conditions of the mandatory probation order, including completing a driving instruction course and performing community service related to driving safety.
Sets the minimum and maximum hours for community service and requires it to focus on public or driving safety.
Mandates that a driver's licence be suspended for the duration of the probation order upon conviction.
Specifies that proceedings for this offence must be started by laying an information, not by filing a certificate of offence.
Requires the defendant to personally attend every sentencing hearing, with provisions for compelling attendance if they fail to do so.
Allows for victim impact statements to be considered during sentencing.
Establishes penalties for breaching the probation order, including fines and potential licence suspension.
Allows a court to continue a probation order if the defendant fails to comply and shows good cause, with an exception for those convicted of breaching the order.
Grants the Lieutenant Governor in Council the power to make regulations concerning prescribed individuals and driving instruction courses.
Amends a section of the Highway Traffic Act related to the conviction of certain offences to include the new offence.
States that the Act comes into force six months after receiving Royal Assent.

Who Is Affected

Drivers of motor vehicles
Pedestrians
Individuals on bicycles or motor-assisted bicycles
Individuals using wheelchairs or other mobility devices
Roadway workers engaged in construction, maintenance, or similar functions
Police officers, firefighters, ambulance attendants, and other emergency responders not in a vehicle
Victims of collisions resulting in injury or death
The courts and justice system

Rights, Duties, Or Obligations

Drivers have an obligation to not cause or contribute to death or serious bodily harm to vulnerable road users by contravening traffic laws.
Convicted drivers are obligated to comply with mandatory probation orders, including completing a driving course and community service.
Convicted drivers have their licences suspended for the duration of the probation order.
Victims have the right to present impact statements during sentencing hearings.
Courts have the power to compel attendance at sentencing hearings and to continue probation orders under certain conditions.

Important Dates

The Act comes into force six months after the day it receives Royal Assent.

Financial Or Tax Impacts

Convicted drivers are liable to the penalties for the original traffic violation.
Convicted drivers may face fines of not more than $50,000 for breaching a probation order.

Enforcement Or Penalties

Conviction of an offence under this Act may result in penalties equivalent to the original traffic violation, mandatory probation, and licence suspension.
Breaching a probation order can lead to a fine of up to $50,000 and potential suspension of the driver's licence for up to two years.

Uncertainties Or Limits

The bill states that an offence under the proposed section is not an absolute liability offence, even if the underlying traffic provision is absolute liability.
The bill allows for 'individuals prescribed by the regulations' to be included as vulnerable road users, meaning this list could be expanded through regulation.
The specific requirements for the driving instruction course will be provided for by regulations.
The bill does not specify the exact date of Royal Assent, making the exact commencement date dependent on when that occurs.

Laws Or Regulations Affected

Highway Traffic Act

amends

Adds a new Part (Part X.0.1) to establish consequences for drivers causing injury or death to certain road users by violating traffic laws. It also amends Section 207(2) to include references to the new offence.

Source: Section 1, Section 2

Provincial Offences Act

amends

Modifies how proceedings for the new offence are commenced (must be by information, not certificate of offence), and specifies rules regarding attendance at sentencing hearings and penalties for breaching probation orders.

Source: Section 191.0.4, Section 191.0.5, Section 191.0.7

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1

First reading

Nov 16, 2022

Step 2

Second reading

Nov 20, 2023

Step 3

Committee review

Not reached yet

Step 4

Third reading

Not reached yet

Step 5

Royal assent

Not reached yet

Vote Summary

Yes

Abstain

Absent / Other

Final recorded vote

Nov 20, 2023

100 representative positions are recorded in this official snapshot for this vote.

Sponsor

Joel Harden

Sponsor party or district not listed

Jurisdiction

Ontario Legislature

Representative Voting Breakdown

Vote badges include text labels so the table stays readable for everyone, even without color cues alone.

Representative	Role	Riding	Party	Vote	Notes
Joel HardenSponsor MPP	MPP	Ottawa Centre	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Adil Shamji MPP	MPP	Don Valley East	Ontario Liberal Party	Yes	Recorded without an additional note.
Andrea Hazell MPP	MPP	Scarborough—Guildwood	Ontario Liberal Party	Yes	Recorded without an additional note.
Bhutila Karpoche MPP	MPP	Parkdale—High Park	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Bobbi Ann Brady MPP	MPP	Haldimand—Norfolk	Independent	Yes	Recorded without an additional note.
Catherine Fife MPP	MPP	Waterloo	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Chandra Pasma MPP	MPP	Ottawa West—Nepean	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Chris Glover MPP	MPP	Spadina—Fort York	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Doly Begum MPP	MPP	Scarborough Southwest	New Democratic Party of Ontario	Yes	Recorded without an additional note.
France Gélinas MPP	MPP	Nickel Belt	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Guy Bourgouin MPP	MPP	Mushkegowuk—James Bay	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Jennifer (Jennie) Stevens MPP	MPP	St. Catharines	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Jennifer K. French MPP	MPP	Oshawa	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Jessica Bell MPP	MPP	University—Rosedale	New Democratic Party of Ontario	Yes	Recorded without an additional note.
John Fraser MPP	MPP	Ottawa South	Ontario Liberal Party	Yes	Recorded without an additional note.
John Vanthof MPP	MPP	Timiskaming—Cochrane	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Karen McCrimmon MPP	MPP	Kanata—Carleton	Ontario Liberal Party	Yes	Recorded without an additional note.
Kristyn Wong-Tam MPP	MPP	Toronto Centre	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Lisa Gretzky MPP	MPP	Windsor West	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Lise Vaugeois MPP	MPP	Thunder Bay—Superior North	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Lucille Collard MPP	MPP	Ottawa—Vanier	Ontario Liberal Party	Yes	Recorded without an additional note.
Marit Stiles MPP	MPP	Davenport	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Michael Mantha MPP	MPP	Algoma—Manitoulin	Independent	Yes	Recorded without an additional note.
Mike Schreiner MPP	MPP	Guelph	Green Party of Ontario	Yes	Recorded without an additional note.
Peggy Sattler MPP	MPP	London West	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Sandy Shaw MPP	MPP	Hamilton West—Ancaster—Dundas	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Sol Mamakwa MPP	MPP	Kiiwetinoong	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Stephanie Bowman MPP	MPP	Don Valley West	Ontario Liberal Party	Yes	Recorded without an additional note.
Stephen Blais MPP	MPP	Orléans	Ontario Liberal Party	Yes	Recorded without an additional note.
Terence Kernaghan MPP	MPP	London North Centre	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Teresa J. Armstrong MPP	MPP	London—Fanshawe	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Tom Rakocevic MPP	MPP	Humber River—Black Creek	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Wayne Gates MPP	MPP	Niagara Falls	New Democratic Party of Ontario	Yes	Recorded without an additional note.
Amarjot Sandhu MPP	MPP	Brampton West	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Andrew Dowie MPP	MPP	Windsor—Tecumseh	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Anthony Leardi MPP	MPP	Essex	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Billy Pang MPP	MPP	Markham—Unionville	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Brian Riddell MPP	MPP	Cambridge	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Brian Saunderson MPP	MPP	Simcoe—Grey	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Christine Hogarth MPP	MPP	Etobicoke—Lakeshore	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Daisy Wai MPP	MPP	Richmond Hill	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Dave Smith MPP	MPP	Peterborough—Kawartha	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
David Smith MPP	MPP	Scarborough Centre	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Dawn Gallagher Murphy MPP	MPP	Newmarket—Aurora	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Deepak Anand MPP	MPP	Mississauga—Malton	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Effie J. Triantafilopoulos MPP	MPP	Oakville North—Burlington	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Goldie Ghamari MPP	MPP	Carleton	Independent	No	Recorded without an additional note.
Hardeep Singh Grewal MPP	MPP	Brampton East	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Andrea Khanjin MPP	MPP	Barrie—Innisfil	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Caroline Mulroney MPP	MPP	York—Simcoe	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Charmaine A. Williams MPP	MPP	Brampton Centre	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. David Piccini MPP	MPP	Northumberland—Peterborough South	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Donna Skelly MPP	MPP	Flamborough—Glanbrook	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Doug Downey MPP	MPP	Barrie—Springwater—Oro-Medonte	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Doug Ford MPP	MPP	Etobicoke North	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Ernie Hardeman MPP	MPP	Oxford	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. George Pirie MPP	MPP	Timmins	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Graham McGregor MPP	MPP	Brampton North	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Greg Rickford MPP	MPP	Kenora—Rainy River	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Jill Dunlop MPP	MPP	Simcoe North	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Kevin Holland MPP	MPP	Thunder Bay—Atikokan	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Kinga Surma MPP	MPP	Etobicoke Centre	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Lisa M. Thompson MPP	MPP	Huron—Bruce	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Michael A. Tibollo MPP	MPP	Vaughan—Woodbridge	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Michael Parsa MPP	MPP	Aurora—Oak Ridges—Richmond Hill	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Michael S. Kerzner MPP	MPP	York Centre	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Mike Harris MPP	MPP	Kitchener—Conestoga	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Natalia Kusendova-Bashta MPP	MPP	Mississauga Centre	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Neil Lumsden MPP	MPP	Hamilton East—Stoney Creek	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Nina Tangri MPP	MPP	Mississauga—Streetsville	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Nolan Quinn MPP	MPP	Stormont—Dundas—South Glengarry	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Paul Calandra MPP	MPP	Markham—Stouffville	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Peter Bethlenfalvy MPP	MPP	Pickering—Uxbridge	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Raymond Sung Joon Cho MPP	MPP	Scarborough North	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Stan Cho MPP	MPP	Willowdale	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Stephen Crawford MPP	MPP	Oakville	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Stephen Lecce MPP	MPP	King—Vaughan	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Steve Clark MPP	MPP	Leeds—Grenville—Thousand Islands and Rideau Lakes	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Todd J. McCarthy MPP	MPP	Durham	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Trevor Jones MPP	MPP	Chatham-Kent—Leamington	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Hon. Victor Fedeli MPP	MPP	Nipissing	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Jess Dixon MPP	MPP	Kitchener South—Hespeler	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
John Jordan MPP	MPP	Lanark—Frontenac—Kingston	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Laura Smith MPP	MPP	Thornhill	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Lisa MacLeod MPP	MPP	Nepean	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Logan Kanapathi MPP	MPP	Markham—Thornhill	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Lorne Coe MPP	MPP	Whitby	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Matthew Rae MPP	MPP	Perth—Wellington	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Michael D. Ford MPP	MPP	York South—Weston	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Natalie Pierre MPP	MPP	Burlington	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Parm Gill MPP	MPP	Milton	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Patrice Barnes MPP	MPP	Ajax	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Ric Bresee MPP	MPP	Hastings—Lennox and Addington	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Rick Byers MPP	MPP	Bruce—Grey—Owen Sound	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Robin Martin MPP	MPP	Eglinton—Lawrence	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Rudy Cuzzetto MPP	MPP	Mississauga—Lakeshore	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Sheref Sabawy MPP	MPP	Mississauga—Erin Mills	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Stéphane Sarrazin MPP	MPP	Glengarry—Prescott—Russell	Progressive Conservative Party of Ontario	No	Recorded without an additional note.
Vincent Ke MPP	MPP	Don Valley North	Independent	No	Recorded without an additional note.
Will Bouma MPP	MPP	Brantford—Brant	Progressive Conservative Party of Ontario	No	Recorded without an additional note.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced