Ontario ban on handheld cellular phones and other devices comes into force on October 26, 2009

By: Norm Keith and Goldie Bassi

The Bill, among other things, amends the Highway Traffic Act to ban driving while holding or using a hand-held wireless communication or electronic entertainment device. Although careless driving associated with use of electronic mobile devices can be dealt with under existing provincial and federal laws, including dangerous driving and criminal negligence, other than Ontario, only Quebec, Nova Scotia, and Newfoundland and Labrador have legislation banning cellular phone use while driving.

The Bill prohibits the use of handheld electronic devices while operating a motor vehicle on a traveled part of a road, regardless of whether the vehicle is in motion at that particular moment. Specifically, the operation of a motor vehicle is prohibited while the screen of a television, computer, or other device is visible to the driver. The prohibition extends to cellular phones, dialing, BlackBerrys, texting, hand-held GPS's, portable video games, and portable audio and video players.

The ban does not apply to the use of the above devices in the hands-free mode or the use of a mobile device to contact emergency services. The display screens of GPS navigation devices secured to the dashboard, hand-held communication and similar prescribed devices, commercially-used logistical transportation tracking systems, collision avoidance systems and instruments, gauges and systems providing information regarding the status of systems of the motor vehicle are exempted from the prohibition. Drivers of ambulances, fire department vehicles and police department vehicles are also exempted.

Existing penalties under the Highway Traffic Act will apply as appropriate to the new offences under Bill 118 including fines, demerit points, licence suspension, and imprisonment.

In order to protect employee safety, employers should implement a policy that is consistent with the Bill 118 amendments. It may be best to ban the use of electronic devices altogether while on company time, or in the alternative if electronic communication is an important and necessary part of the job, then employers should ensure that their employees use hands-free devices. It will also be prudent for employers to provide training to their employees on the safe use of handheld electronic devices while operating a motor vehicle to limit their liability under the Occupational Health and Safety Act and any vicarious liability at common law.

For more information, please contact Norm Keith at 416-862-5699 or email norm.keith@gowlings.com and Goldie Bassi at 416-369-6690 or email goldie.bassi@gowlings.com.