BILL NO. 79
2nd Session, 63rd General Assembly
67 Elizabeth II, 2018
Motor Vehicle Act
The Honourable Lloyd Hines
Minister of Transportation and Infrastructure Renewal
First Reading: October 3, 2018
Second Reading: October 4, 2018
Third Reading: October 11, 2018 (LINK TO BILL AS PASSED)
Clause 1 adds a definition of "facial recognition software" to the Motor Vehicle Act.
Clause 2 authorizes the Governor in Council to make regulations respecting facial recognition software and identity verification.
Clause 4 changes wording relating to physical coordination tests to match that used in the Criminal Code (Canada).
Clause 5 clarifies that a peace officer
Clause 6 allows a peace officer to demand a sample from a novice driver for use in approved drug screening equipment.
Clause 7 provides that Sections dealing with facial recognition software and identity verification come into force on proclamation by the Governor in Council.
1 Section 2 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 24 of the Acts of 1994, Chapter 12 of the Acts of 1994-95, Chapter 23 of the Acts of 1995-96, Chapter 12 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 35 of the Acts of 2006, Chapters 20 and 45 of the Acts of 2007, Chapter 21 of the Acts of 2008, Chapters 59 and 60 of the Acts of 2010, Chapter 35 of the Acts of 2011, Chapters 20 and 53 of the Acts of 2014, Chapters 45 and 46 of the Acts of 2015 and Chapter 3 of the Acts of 2018, is further amended by adding immediately after clause (o) the following clause:
- (oa) "facial recognition software" means software that identifies the unique invariable characteristics of a person's face;
2 Subsection 66(1) of Chapter 293, as amended by Chapter 20 of the Acts of 2007 and Chapter 53 of the Acts of 2014, is further amended by
- (e) respecting facial recognition software and identity verification, including
- (i) prescribing other technological means of identity verification,
(ii) authorizing the Registrar to disclose to specified persons or classes of persons information, including personal information, obtained by facial recognition software and other technological means of identity verification,
(v) prescribing reasonable administrative, technical and physical safeguards that the Registrar shall adopt to protect the confidentiality, security, accuracy and integrity of information about persons obtained by facial recognition software and other technological means of identity verification and to protect the privacy of the persons whom the information is about, and
3 Chapter 293 is further amended by adding immediately after Section 75 the following Section:
- 75A (1) Before issuing or renewing a driver's license, issuing a duplicate driver's license or issuing a similar identification card, the Registrar shall
(3) The Registrar may, without limiting the use of other means of identity verification, use facial recognition software to identify or verify the identity of a person who has applied for a driver's license or similar identification card.
4 Subsection 279J(1) of Chapter 293 is repealed and the following subsection substituted:
- (1) Where a peace officer reasonably suspects that a person's ability to drive may be affected by the introduction of drugs into the person's body, the peace officer shall demand that the person take a physical coordination test and the person shall comply with that demand.
5 (1) Section 279K, as enacted by Chapter 3 of the Acts of 2018, is amended by adding immediately after subsection (3) the following subsection:
- (3A) For greater certainty,
(b) a peace officer shall not issue an order of suspension under either Section 279C or subsection (3) if an order of suspension under Section 279A or subsection (3) of Section 279I has been issued for the same occurrence; and
(c) subject to clauses (a) and (b) and subsection (9) of Section 279A, a peace officer may issue an order of suspension under Section 279A or subsection (3) of Section 279I in addition to any other suspension or sanction authorized by this Act or the Criminal Code (Canada).
- (f) any certificate of an analyst, qualified medical practitioner or qualified technician referred to in subsection (1) of section 320.32 of the Criminal Code (Canada), if applicable; and
6 Chapter 293 is further amended by adding immediately after Section 279K the following Section:
- 279KA (1) Where a peace officer believes on reasonable and probable grounds that any person who is a novice driver
(2) Where a peace officer believes that subsection (1) applies with respect to a person, the peace officer may, by demand made to that person forthwith or as soon as practicable, require that person to provide then or as soon thereafter as is practicable
- (i) the person may be incapable of providing a sample, or
such other samples of bodily substances as in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable proper analysis to be made in order to determine the presence of a drug in the person's body and the concentration of the drug,
(3) Samples of blood may only be taken from a person pursuant to a demand made by a peace officer pursuant to subsection (2) if the samples are taken by or under the direction of a qualified medical practitioner and the qualified medical practitioner is satisfied that the taking of those samples would not endanger the life or health of the person.
7 Sections 1 to 3 come into force on such day as the Governor in Council orders and declares by proclamation.
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