安省交通法规全文The Ontario Highway Traffic Act

荣格 · 发表于 2010-11-14 18:10

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Penalty

(13) Every person who drives a motor vehicle that is not equipped with an approved ignition interlock device while prohibited from doing so or who contravenes subsection (10) or (11) is guilty of an offence and on conviction is liable,

(a) in the case involving a commercial motor vehicle within the meaning of subsection 16 (1), to a fine of not less than $200 and not more than $20,000;

(b) in every other case, to a fine of not less than $200 and not more than $1,000. 2000, c. 35, s. 1.

Authorization to install devices

(14) The Minister may in writing authorize any person to install, maintain and remove approved ignition interlock devices. 2000, c. 35, s. 1.

Authorization to charge fees

(15) Where, under subsection (14), the Minister has authorized a person to install, maintain and remove approved ignition interlock devices, the Minister may in writing authorize that person to charge a fee for the installation, maintenance and removal of such devices. 2000, c. 35, s. 1.

Regulations

(16) The Lieutenant Governor in Council may make regulations,

(a) approving ignition interlock devices for the purpose of this section;

(b) respecting the standards governing the installation, operation and maintenance of approved ignition interlock devices for the purposes of this section and Part III.1 of the Civil Remedies Act, 2001 and requiring persons authorized under subsection (14) to comply with those standards;

(c) providing for the purposes of this section that “motor vehicle” includes a streetcar or a motorized snow vehicle;

(d) prescribing exemptions from subsection (1), (5) or (9) and providing that an exemption is subject to restrictions or conditions specified in the regulations and providing that any such restriction or condition shall be deemed to be a condition contained on a person’s driver’s licence;

(e) prescribing criteria for the purpose of subsections (4) and (8);

(f) requiring a driver who is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device to attend upon a person authorized under subsection (14) for the purpose of enabling that person to gather information from the device;

(g) governing reports that shall be made to the Ministry by persons authorized under subsection (14) in respect of information gathered under clause (f);

(h) respecting programs of supervision for persons prohibited from driving a motor vehicle that is not equipped with an approved ignition interlock device;

(i) respecting any other matter necessary for the administration of this section. 2000, c. 35, s. 1; 2007, c. 13, s. 8 (3).

Same

(17) A regulation made under subsection (16) may be general or particular in its application. 2000, c. 35, s. 1.

Adoption of codes in regulations

(18) A regulation under clause (16) (b) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard, protocol, procedure or policy, and may require compliance with any code, standard, protocol, procedure or policy. 2000, c. 35, s. 1.

Amendments to codes

(19) The power to adopt by reference and require compliance with a code, standard, protocol, procedure or policy in subsection (18) includes the power to adopt a code, standard, protocol, procedure or policy as it may be amended from time to time. 2000, c. 35, s. 1.

Definitions

(20) In this section and in section 41.3,

“approved” means approved under clause (16) (a); (“approuvé”)

“driver’s licence” includes a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“ignition interlock device” means a device designed to ascertain the presence of alcohol in the driver’s body and to prevent a motor vehicle from being started if the concentration of alcohol in the driver’s body exceeds the prescribed limit. (“dispositif de verrouillage du système de démarrage”) 2000, c. 35, s. 1.

Ignition interlock devices, further provisions

Parties to judicial review

41.3 (1) The parties to any judicial review brought in respect of section 41.2 are the Registrar and the person whose driver’s licence is subject to the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

Documents privileged

(2) Documents filed with the Ministry for the purposes of section 41.2 are privileged for the information of the Ministry only and shall not be open for public inspection. 2000, c. 35, s. 1.

Protection from personal liability

(3) No action or other proceeding for damages shall be instituted against a person authorized under subsection 41.2 (14) to install or maintain an approved ignition interlock device, unless the person was negligent in the performance of his or her duties and responsibilities under section 41.2. 2000, c. 35, s. 1.

Same

(4) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the removal of a condition prohibiting a person from driving a motor vehicle that is not equipped with an approved ignition interlock device or for the failure to remove the condition, if the Registrar or employee acted in good faith in the execution or intended execution of his or her duties under section 41.2. 2000, c. 35, s. 1.

Crown not relieved of liability

(5) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (3) and (4) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) and (4) to which it would otherwise be subject. 2000, c. 35, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, Part IV is amended by the Statutes of Ontario, 2009, chapter 5, section 11 by adding the following section:

Administrative vehicle impoundment for contravening ignition interlock condition

41.4 (1) Where a police officer is satisfied that a person was driving a motor vehicle in contravention of a condition that was imposed on the person’s driver’s licence under subsection 41.2 (1) or pursuant to a conduct review program under section 57 that prohibits him or her from driving a motor vehicle that is not equipped with an approved ignition interlock device, the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner,

(a) be removed to an impound facility as directed by a police officer; and

(b) be impounded for seven days from the time it was detained. 2009, c. 5, s. 11.

Release of vehicle

(2) Subject to subsection (14), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2009, c. 5, s. 11.

Early release of vehicle

(3) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded or, subject to subsection (14), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven as described in subsection (1). 2009, c. 5, s. 11.

Duty of officer re impoundment

(4) Every officer who detains a motor vehicle under this section shall, as soon as practicable,

(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered; and

(b) serve the driver with a copy of the notice. 2009, c. 5, s. 11.

Service on driver is deemed service on owner and operator

(5) Service of a copy of a notice under subsection (4) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator. 2009, c. 5, s. 11.

Further notice to owner

(6) In addition to serving the owner of the motor vehicle through service on the driver under subsection (4), a police officer shall provide a copy of the notice prepared under subsection (4) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2009, c. 5, s. 11.

Surrender of documents, information re trip and goods carried

(7) If the motor vehicle that is to be impounded contains goods, the police officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 2009, c. 5, s. 11.

Operator, owner to remove load

(8) Upon being served with notice of the impoundment through service on the driver under subsection (4), the operator of the motor vehicle or, if there is no operator, the owner shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle. 2009, c. 5, s. 11.

Application of Dangerous Goods Transportation Act

(9) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator or, if there is no operator, the owner shall remove them in accordance with that Act. 2009, c. 5, s. 11.

Officer may remove load, trailer at operator’s cost, risk

(10) If, in the opinion of a police officer, the operator or owner fails to remove a drawn vehicle or load as required by subsection (8) within a reasonable time after being served with notice of the impoundment, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 11.

Same

(11) If a police officer is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods within the meaning of the Dangerous Goods Transportation Act or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 11.

Personal property in vehicle available to owner

(12) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 2009, c. 5, s. 11.

No appeal or right to be heard

(13) There is no appeal from, or right to be heard before, a vehicle detention or impoundment under subsection (1). 2009, c. 5, s. 11.

Impound costs to be paid before release of vehicle

(14) The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2009, c. 5, s. 11.

Lien for impound costs

(15) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2009, c. 5, s. 11.

Impound costs a recoverable debt

(16) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a debt due by the owner and the driver of the motor vehicle at the time the vehicle was detained, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction. 2009, c. 5, s. 11.

Owner may recover losses from driver

(17) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under subsection (1) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2009, c. 5, s. 11.

Debt due to police or Crown

(18) The costs incurred by a police force or the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (10) or (11) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction. 2009, c. 5, s. 11.

Offence

(19) Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2009, c. 5, s. 11.

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Intent of impoundment

(20) The impoundment of a motor vehicle under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 11.

Impoundment concurrent with other administrative impoundments

(21) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 48.4, 55.1, 55.2, 82.1 or 172. 2009, c. 5, s. 11.

Forms

(22) The Minister may require that forms approved by the Minister be used for any purpose of this section. 2009, c. 5, s. 11.

Regulations

(23) The Minister may make regulations,

(a) requiring police officers to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports;

(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption;

(c) exempting commercial motor vehicles, or any class or type of commercial motor vehicles, or drivers, owners or operators of commercial motor vehicles or any class of them, from any provision or requirement of this section or of any regulation made under this section, prescribing a different scheme of consequences and requirements from those set out in this section if a police officer is satisfied that a person was driving a commercial motor vehicle, or a specified class or type of commercial motor vehicle, as described in subsection (1), including prescribing different penalties, and prescribing conditions and circumstances for any such exemption or for a different scheme to apply;

(d) designating provisions of legislation enacted by another province, a territory of Canada or a state of the United States of America that are comparable to the provisions referred to in subsection (1) and providing that this section applies to a person who is driving a motor vehicle in contravention of a condition or requirement imposed under such provisions. 2009, c. 5, s. 11.

Contravention of different scheme

(24) Every person who contravenes or fails to comply with a regulation made under clause (23) (c) that prescribes a different scheme of consequences and requirements from those set out in this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2009, c. 5, s. 11.

Definition

(25) In this section,

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. 2009, c. 5, s. 11.

See: 2009, c. 5, ss. 11, 59 (2).

Suspension for driving while disqualified

42. (1) The driver’s licence of a person who is convicted of an offence under subsection 259 (4) of the Criminal Code (Canada) or under a provision that is enacted by another jurisdiction, including by a municipality in another jurisdiction, and is designated in a reciprocal agreement entered into under section 40 is thereupon suspended for a period of,

(a) upon the first conviction, one year; and

(b) upon a subsequent conviction, two years,

in addition to any other period for which the licence is suspended and consecutively thereto. R.S.O. 1990, c. H.8, s. 42 (1); 2009, c. 5, s. 12 (1).

Determining subsequent conviction

(2) In determining whether a conviction is a subsequent conviction for the purposes of subsection (1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S.O. 1990, c. H.8, s. 42 (2).

Five-year limitation

(3) Clause (1) (b) does not apply when the subsequent conviction is more than five years after the previous conviction. R.S.O. 1990, c. H.8, s. 42 (3).

Order for discharge

(4) This section applies in the same manner as if a person were convicted of an offence if the person pleads guilty to or is found guilty of an offence referred to in subsection (1) and,

(a) an order directing that the accused be discharged is made under section 730 of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence. R.S.O. 1990, c. H.8, s. 42 (4); 2000, c. 26, Sched. O, s. 2; 2006, c. 19, Sched. D, s. 9 (3).

(5) Repealed: 2009, c. 5, s. 12 (2).

Suspension while prohibited from driving

43. (1) Where the licence of a person who is subject to an order made under section 259 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized snow vehicle, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension. 2006, c. 20, s. 2; 2009, c. 5, s. 13.

Expanded meaning of order

(2) For the purposes of subsection (1),

“an order made under section 259 of the Criminal Code (Canada)” includes an order made under subsection 238 (1) of the Criminal Code (Canada) before the 26th day of April, 1976. R.S.O. 1990, c. H.8, s. 43 (2).

Increased suspension time

44. (1) Where an order is made under section 259 of the Criminal Code (Canada) or under subsection 41 (4) of this Act and the court or judge, when sentencing the offender or making the conviction, orders the imprisonment of the offender and that the period of prohibition or suspension, as the case may be, shall start to run on the termination of the imprisonment, the suspension imposed by subsection 41 (1) of this Act is thereupon increased by the period of imprisonment. R.S.O. 1990, c. H.8, s. 44 (1).

Modification to increased suspension

(2) Where the period of imprisonment referred to in subsection (1) is less than that ordered by the court or judge, the length of the increased suspension imposed by subsection (1) shall, upon the application of the offender, be reduced by a period equal to that by which the period of imprisonment was reduced. R.S.O. 1990, c. H.8, s. 44 (2).

Condition on licence that blood alcohol concentration level be zero

Novice drivers

44.1 (1) It is a condition of the driver’s licence of every novice driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14.

Young drivers

(2) It is a condition of the driver’s licence of every young driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14.

Penalty, novice drivers

(3) Every novice driver who contravenes the condition of his or her driver’s licence imposed under subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500. 2009, c. 5, s. 14.

Same

(4) If a novice driver is convicted of an offence under subsection (3), the Registrar may suspend, cancel or change his or her driver’s licence in accordance with the regulations. 2009, c. 5, s. 14.

Same, young drivers

(5) Every young driver who contravenes the condition of his or her driver’s licence imposed under subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and his or her driver’s licence is thereupon suspended for 30 days. 2009, c. 5, s. 14.

Intent of suspension

(6) The suspension of a licence under this section is intended to ensure that novice drivers and young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 14.

Regulations

(7) The Lieutenant Governor in Council may make regulations governing the suspension or cancellation of drivers’ licences of novice drivers or the change in respect of their class for the purpose of subsection (4). 2009, c. 5, s. 14.

Definitions

(8) In this section,

“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)

“novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”)

“young driver” means a driver who is under 22 years old. (“jeune conducteur”) 2009, c. 5, s. 14.

When driver may be disqualified

45. A provincial judge or justice of the peace by whom a person is convicted of a contravention of this Act, if the person convicted is required to hold a driver’s licence and does not hold the licence, may declare him or her disqualified to hold a licence for the time that the provincial judge or justice of the peace thinks fit and shall so report with the certificate of the conviction to the Minister. R.S.O. 1990, c. H.8, s. 45.

Defaulted fine

46. (1) This section applies if a fine is imposed on conviction for an offence and the offence is an offence,

(a) under this Act or the regulations;

(b) under any other Act listed in the Schedule to this section or under the regulations made under such an Act;

(c) under clause 17 (1) (a) or subsection 24 (1) of the Fish and Wildlife Conservation Act, 1997;

(d) under subsection 32 (1) of the Liquor Licence Act; or

(e) that was committed with a motor vehicle under section 249, 249.1, 249.2, 249.3, 249.4, 252, 253, 254, 255 or 259 of the Criminal Code (Canada). 1993, c. 31, s. 2 (6); 1997, c. 41, s. 120; 2001, c. 9, Sched. O, s. 3; 2002, c. 18, Sched. P, s. 14 (1); 2007, c. 13, s. 9.

Order or direction

(2) If the payment of a fine imposed on conviction for an offence is in default, an order or direction may be made under section 69 of the Provincial Offences Act directing that the convicted person’s driver’s licence be suspended and that no driver’s licence be issued to him or her until the fine is paid. 1993, c. 31, s. 2 (6).

Suspension by Registrar

(3) On being informed of an outstanding order or direction referred to in subsection (2), the Registrar shall suspend the person’s driver’s licence if it has not already been suspended under another order or direction referred to in subsection (2). 1993, c. 31, s. 2 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1996, chapter 20, subsection 6 (1) by striking out “if it has not already been suspended under another order or direction referred to in subsection (2)” at the end. See: 1996, c. 20, ss. 6 (1), 32.

Reinstatement

(4) On being informed that the fine and any applicable administrative fee for reinstatement of the person’s driver’s licence have been paid, the Registrar shall reinstate the licence, unless he or she has also been informed that,

(a) another order or direction referred to in subsection (2) is outstanding;

(b) the licence is suspended under any other order or direction or under another statute;

(c) interest charged or a penalty imposed under subsection 5 (2) has not been paid; or

(d) an applicable prescribed administrative fee for handling a dishonoured cheque has not been paid. 1993, c. 31, s. 2 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is amended by the Statutes of Ontario, 1996, chapter 20, subsection 6 (2) by striking out “cheque” and substituting “payment”. See: 1996, c. 20, ss. 6 (2), 32.

Regulations

(5) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section. 1993, c. 31, s. 2 (6).

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SCHEDULE

Compulsory Automobile Insurance Act

Dangerous Goods Transportation Act

Motorized Snow Vehicles Act

Off-Road Vehicles Act

Public Vehicles Act

1993, c. 31, s. 2 (6); 2002, c. 18, Sched. P, s. 14 (2).

Suspension and cancellation of licence, etc., general

47. (1) Subject to section 47.1, the Registrar may suspend or cancel,

(a) the plate portion of a permit as defined in Part II;

(b) a driver’s licence; or

(c) a CVOR certificate,

on the grounds of,

(d) misconduct for which the holder is responsible, directly or indirectly, related to the operation or driving of a motor vehicle;

(e) conviction of the holder for an offence referred to in subsection 210 (1) or (2);

(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or

(g) any other sufficient reason not referred to in clause (d), (e) or (f). R.S.O. 1990, c. H.8, s. 47 (1); 1996, c. 33, s. 7 (1, 2).

Restriction

(2) As an alternative to a suspension or cancellation under subsection (1), the Registrar may, subject to section 47.1, restrict the number of commercial motor vehicles that may be operated by a holder of a CVOR certificate during the period that the Registrar stipulates. R.S.O. 1990, c. H.8, s. 47 (2); 1996, c. 33, s. 7 (3).

Interpretation

(2.1) Subsection 17 (4) applies, with necessary modifications, for the purpose of determining who are related persons under clause (1) (f). 1996, c. 33, s. 7 (4).

New permit not to be issued

(3) A person whose permit is under suspension or is cancelled under this section is not entitled to be issued a plate portion of a permit while the permit is under suspension or is cancelled. 2002, c. 18, Sched. P, s. 15 (1).

New licence not to be issued

(3.1) A person whose licence is under suspension or is cancelled under this section is not entitled to be issued a licence while the licence is under suspension or is cancelled. 2002, c. 18, Sched. P, s. 15 (1).

New CVOR certificate not to be issued

(3.2) A person whose CVOR certificate is under suspension under this section or is revoked under section 17.0.1 is not entitled to be issued a CVOR certificate while the CVOR certificate is under suspension or is revoked. 2002, c. 18, Sched. P, s. 15 (1).

Same

(3.3) A person whose CVOR certificate has been cancelled under this section is never entitled to be issued a CVOR certificate. 2002, c. 18, Sched. P, s. 15 (1).

Fleet limitation certificates

(4) Where a restriction is imposed under subsection (2), the Registrar shall issue to the holder of the CVOR certificate fleet limitation certificates in a number equal to the number of vehicles permitted to be operated. R.S.O. 1990, c. H.8, s. 47 (4).

Offence

(5) Every person whose permit for a motor vehicle is suspended or cancelled and who, while prohibited from having such a motor vehicle registered in their name, applies for or procures the issue of or has possession of the plate portion of a permit for a motor vehicle issued to them is guilty of an offence and on conviction is liable,

(a) to a fine of not less than $60 and not more than $500 where the vehicle is not a commercial motor vehicle; or

(b) to a fine of not less than $200 and not more than $2,000 where the vehicle is a commercial motor vehicle,

or to imprisonment for a term of not more than thirty days, or to both a fine and imprisonment. R.S.O. 1990, c. H.8, s. 47 (5); 1996, c. 33, s. 7 (5).

Same

(6) Every person whose licence is suspended or cancelled and who, while prohibited from driving a motor vehicle, applies for or procures the issue of or has possession of any portion of a licence issued to him or her, other than a licence card that has been marked by the Ministry as valid only to show the driver’s photograph, is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and to imprisonment for a term of not more than 30 days. 2008, c. 17, s. 36.

Same

(7) Every person whose CVOR certificate is suspended or cancelled who applies for or procures the issue of a CVOR certificate to themself is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $2,000 or to imprisonment for a term of not more than thirty days, or to both. R.S.O. 1990, c. H.8, s. 47 (7); 1996, c. 33, s. 7 (6); 2002, c. 18, Sched. P, s. 15 (2).

Same

(8) Every person,

(a) in respect of whom a restriction is imposed under subsection (2) who operates a commercial motor vehicle in which a valid fleet limitation certificate is not carried; or

(b) who operates a commercial motor vehicle without a permit or certificate or when their permit or certificate is under suspension,

is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 47 (8); 1996, c. 33, s. 7 (7).

Power to seize number plates

(8.1) If the plate portion of a permit is suspended or cancelled under clause (1) (a), the Registrar may order that the plate portion of the permit or the number plates issued in connection with the plate portion of the permit be seized and any police officer or officer appointed for carrying out this Act may seize the plate portion of the permit and the number plates and deliver them to the Ministry. 1996, c. 33, s. 7 (8).

Definitions, “commercial motor vehicle”, etc.

(9) For the purposes of this section and section 47.1,

“commercial motor vehicle”, “operator” and “safety record” have the same meanings as in subsection 16 (1). (“véhicule utilitaire”, “utilisateur”, “fiche de sécurité”) 1996, c. 33, s. 7 (9); 2001, c. 9, Sched. O, s. 4.

Power to seize out-of-province permits and plates

(10) The Registrar may, at any time, for misconduct or contravention of this Act or the Public Vehicles Act or of any regulation thereunder by an owner or lessee of one or more motor vehicles or trailers for which permits have been issued by a jurisdiction or jurisdictions other than the Province of Ontario, order that the permit and number plates issued for the vehicle or vehicles be seized. 2002, c. 18, Sched. P, s. 15 (3).

Same

(11) Any police officer or officer appointed for carrying out this Act or for the enforcement of the Public Vehicles Act may seize the permit and number plates pursuant to an order under subsection (10) and deliver them to the Ministry, which shall return them to the authority that issued them. 2002, c. 18, Sched. P, s. 15 (3).

Notice, proposed action s. 47 or safety concern

Notice of proposed action, s. 47

47.1 (1) Before taking any action under clause 47 (1) (a) or (c) or subsection 47 (2), the Registrar shall notify the person whose plate portion of a permit or CVOR certificate is to be affected of his or her proposed action. 1996, c. 33, s. 8.

Notice of safety record concerns

(1.1) The Registrar may also notify an operator at any time if the Registrar has reason to believe that the operator may not operate a commercial motor vehicle safely or in accordance with this Act, the regulations or other laws relating to highway safety. 2001, c. 9, Sched. O, s. 5 (1).

Method of giving notice

(2) Notice under subsection (1) or (1.1), or withdrawal of such a notice, is sufficiently given,

(a) if it is delivered personally;

(b) if it is delivered by registered mail addressed to the person at the latest address for the person appearing on the Ministry records; or

(c) if it is sent by telephone transmission of a facsimile or by some other electronic or other transmission medium permitted by the regulations to the person at the latest facsimile number or other medium address for the person provided by the person to the Ministry. 1996, c. 33, s. 8; 2001, c. 9, Sched. O, s. 5 (2).

Same

(3) Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice,

(a) notice given by registered mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by telephone transmission of a facsimile or by some other electronic or other transmission medium shall be deemed to have been received on the first business day after it was sent. 1996, c. 33, s. 8.

Restrictions on vehicle transfers

(4) If a notice under subsection (1) or (1.1) is issued to an operator, no person shall, without the consent of the Registrar, transfer or lease any commercial motor vehicle or trailer for which the operator’s name is on the vehicle or plate portion of the permit or do anything that will result in a change of name on the vehicle or plate portion of the permit for any such vehicle or trailer. 2001, c. 9, Sched. O, s. 5 (3).

Duration of restrictions

(4.1) Subsection (4) is effective in respect of a notice under subsection (1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) in the case of a proposed suspension or fleet limitation, until the end of the suspension or fleet limitation;

(b) in the case of a proposed cancellation, forever. 2001, c. 9, Sched. O, s. 5 (3).

Same

(4.2) Despite subsection (4.1), subsection (4) ceases to apply in respect of a notice under subsection (1),

(a) if the Registrar withdraws the proposal to suspend or cancel the plate portion of the permit or the CVOR certificate or to impose a fleet limitation; or

(b) if the suspension, cancellation or limitation is set aside on appeal. 2001, c. 9, Sched. O, s. 5 (3).

Same

(5) Subsection (4) is effective in respect of a notice under subsection (1.1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) if a notice under subsection (1) is issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the notice under subsection (1) is actually received by the operator and the date the notice under subsection (1) is deemed by subsection (3) to have been received by the operator;

(b) if a notice under subsection (1) is not issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the Registrar withdraws the notice under subsection (1.1) or the first anniversary of the date the notice under subsection (1.1) was issued. 2001, c. 9, Sched. O, s. 5 (3).

Registrar not to withhold consent without reason

(6) The Registrar shall not withhold consent under subsection (4) if the operator satisfies him or her that the transfer, lease or other action is not being made for the purpose of avoiding an action under clause 47 (1) (a) or (c) or subsection 47 (2). 2001, c. 9, Sched. O, s. 5 (3).

Regulations

(7) The Lieutenant Governor in Council may, for the purpose of subsection (3), make regulations,

(a) prescribing other methods of transmission;

(b) governing the giving of notice by telephone transmission of a facsimile or by a method prescribed by clause (a). 1996, c. 33, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 16 by adding the following section:

Dishonoured payments

47.2 (1) The Minister may refuse to issue, renew, replace or reinstate a driver’s licence if any payment is dishonoured in respect of,

(a) a permit-related fee or driver’s licence-related fee charged under this Act to the applicant for or holder of the licence;

(b) an administrative fee for handling a dishonoured payment for a fee described in clause (a); or

(c) any interest or penalty imposed in respect of a fee described in clause (a) or (b). 2002, c. 18, Sched. P, s. 16.

Cancellation of licence

(2) The Minister may cancel a driver’s licence if any payment is dishonoured, or was dishonoured before this section comes into force, in respect of a fee, interest or penalty described in subsection (1). 2002, c. 18, Sched. P, s. 16.

Notice

(3) The Minister shall give the holder of the driver’s licence notice, in the prescribed manner, of the proposed cancellation under subsection (2) and, subject to subsection (4), the cancellation shall take effect on the 30th day after the day the notice was given. 2002, c. 18, Sched. P, s. 16.

Minister may require return of licence

(4) If required by the Minister, the holder of a driver’s licence cancelled under this section shall return the licence to the Minister. 2002, c. 18, Sched. P, s. 16.

Payment honoured

(5) If the amount of all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid to the Ministry before the 30th day after the day the notice was given, the cancellation shall not take effect. 2002, c. 18, Sched. P, s. 16.

Reinstatement

(6) Subject to any other requirements for reinstatement, the Minister shall reinstate the driver’s licence when all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid in full. 2002, c. 18, Sched. P, s. 16.

Not entitled to vehicle permit

(7) A person is not entitled to be issued a vehicle permit or to have a vehicle permit renewed, validated, transferred or reinstated while his or her driver’s licence is cancelled under this section. 2002, c. 18, Sched. P, s. 16.

Protection from personal liability

(8) No action or other proceeding shall be instituted against the Registrar or any other official or employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section. 2002, c. 18, Sched. P, s. 16.

Crown not relieved of liability

(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (8) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (8) to which it would otherwise be subject. 2002, c. 18, Sched. P, s. 16.

Regulations

(10) The Lieutenant Governor in Council may make regulations prescribing methods of giving notice and rules respecting notice for the purpose of this section. 2002, c. 18, Sched. P, s. 16.

See: 2002, c. 18, Sched. P, ss. 16, 46 (1).

Administrative licence suspension for blood alcohol concentration above .05

Determining whether to make a demand

48. (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada). 2007, c. 13, s. 10.

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Screening device breath test

(2) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may request that the person surrender his or her driver’s licence. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (2).

Approved instrument test

(3) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request that the person surrender his or her driver’s licence. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (4).

Licence suspension

(4) Upon a request being made under subsection (2) or (3), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended from the time the request is made for the period of time determined under subsection (14). 2007, c. 13, s. 10.

Suspension concurrent with administrative suspensions

(5) The licence suspension under this section runs concurrently with a suspension, if any, under section 48.1, 48.2.1 or 48.3. 2009, c. 5, s. 15 (6).

Opportunity for second analysis

(6) Where an analysis of the breath of a person is made under subsection (2) and registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the person may require that a second analysis be performed if the person requests the second analysis immediately after the police officer requests the surrender of his or her licence under subsection (2). 2009, c. 5, s. 15 (8).

Screening device, instrument used for second analysis

(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (2) or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada). 2009, c. 5, s. 15 (8).

Second analysis governs

(6.2) Where a person provides a sample of breath for the second analysis requested under subsection (6) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (2) continues or terminates accordingly. 2009, c. 5, s. 15 (8).

Calibration of screening device

(7) For the purposes of subsection (2), the approved screening device shall not be calibrated to register “Warn” or “Alert” or to otherwise indicate that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood. 2007, c. 13, s. 10.

Same

(8) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (7). 2007, c. 13, s. 10.

No appeal or hearing

(9) There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (9).

Intent of suspension

(10) The suspension of a licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2007, c. 13, s. 10.

Duties of officer

(11) Every officer who asks for the surrender of a licence under this section shall,

(a) notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time prescribed by the regulations;

(b) keep a record of the licence received with the name and address of the person and the date and time of the suspension; and

(c) as soon as practicable after receiving the licence, provide the licensee with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended. 2007, c. 13, s. 10.

Removal of vehicle

(12) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 2007, c. 13, s. 10.

Cost of removal

(13) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 2007, c. 13, s. 10.

Period of suspension

(14) A driver’s licence suspended under subsection (4) shall be suspended for,

(a) three days, in the case of a first suspension under this section;

(b) seven days, in the case of a second suspension under this section;

(c) 30 days, in the case of a third or subsequent suspension under this section. 2007, c. 13, s. 10.

Same

(15) The following previous suspensions shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension for the purpose of subsection (14):

1. A previous suspension that took effect more than five years before the current suspension takes effect.

2. A previous suspension that took effect before section 10 of the Safer Roads for a Safer Ontario Act, 2007 comes into force. 2007, c. 13, s. 10.

Police officer’s other powers unchanged

(16) Subsection (1) shall not be construed so as to prevent a police officer from requiring a driver stopped under that subsection to surrender any licence, permit, card or other document that the officer is otherwise authorized to demand under this Act or the Compulsory Automobile Insurance Act or from requiring a driver to submit a vehicle to examinations and tests under subsection 82 (2) of this Act. 2007, c. 13, s. 10.

Regulations

(17) The Lieutenant Governor in Council may make regulations,

(a) respecting the form, manner and time within which the Registrar must be notified under subsection (11);

(b) prescribing other material or information to be forwarded to the Registrar under subsection (11). 2007, c. 13, s. 10.

Definitions

(18) In this section,

“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)

“vessel” means a vessel within the meaning of section 214 of the Criminal Code (Canada). (“bateau”) 2007, c. 13, s. 10; 2009, c. 5, s. 15 (11).

Meaning of suspension for out-of-province licences

(19) With respect to a driver’s licence issued by another jurisdiction, instead of suspending the person’s driver’s licence, the Registrar shall suspend the person’s privilege to drive a motor vehicle in Ontario for the applicable period determined under subsection (14). 2009, c. 5, s. 15 (13).

Breath testing, novice drivers

Application of subss. (2), (3) and (4)

48.1 (1) Subsections (2) and (3) apply and subsection (4) does not apply if the police officer who stops a novice driver uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsection (4) applies and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section. 1993, c. 40, s. 5.

Screening device test, novice drivers

(2) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Pass” or otherwise indicates that the novice driver has no alcohol in his or her body, but the police officer reasonably suspects that the novice driver has alcohol in his or her body, the police officer may, for the purposes of determining compliance with the regulations respecting novice drivers, demand that the novice driver provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (1).

Surrender of licence

(3) Where, upon demand of a police officer made under subsection (2), a novice driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, the police officer may request the novice driver to surrender his or her driver’s licence. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (2).

Same

(4) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, or, upon demand of a police officer made under section 254 of the Criminal Code (Canada), fails or refuses to provide a sample of breath, the police officer may request the novice driver to surrender his or her licence. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (3); 2009, c. 5, s. 16 (1).

Suspension of licence

(5) Upon a request being made under subsection (3), the novice driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her licence is suspended for a period of 24 hours from the time of the request. 2009, c. 5, s. 16 (3).

Same

(5.1) Upon a request being made under subsection (4), the novice driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her licence is suspended,

(a) if the novice driver provides a sample of breath that on analysis registers “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, for 24 hours from the time the request is made;

(b) if the novice driver provides a sample of breath that on analysis registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the novice driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, for the period determined under subsection 48 (14). 2009, c. 5, s. 16 (3).

Same

(5.2) A suspension under clause (5.1) (b) is deemed to be a suspension under section 48. 2009, c. 5, s. 16 (4).

Suspension concurrent with other administrative suspensions

(5.3) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.2.1 or 48.3. 2009, c. 5, s. 16 (5).

Opportunity for second analysis

(6) Where an analysis of the breath of the novice driver is made under subsection (3) or (4) and registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, the novice driver may require that a second analysis be performed if the novice driver requests the second analysis immediately after the police officer requests the surrender of his or her licence under subsection (3) or (4). 2009, c. 5, s. 16 (7).

Screening device, instrument used for second analysis

(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3) or (4), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada). 2009, c. 5, s. 16 (7).

Second analysis governs

(6.2) Where a novice driver provides a sample of breath for the second analysis requested under subsection (6) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (3) or (4) continues or terminates accordingly. 2009, c. 5, s. 16 (7).

Calibration of screening device

(7) The provincially approved screening device shall not be calibrated to register “Presence of Alcohol” if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 10 milligrams of alcohol in 100 millilitres of blood, and despite anything in this section, the reading shown on a provincially approved screening device for “Presence of Alcohol” may be another term or symbol that conveys the same meaning. 2009, c. 5, s. 16 (8).

Same

(8) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by subsection (7). 2009, c. 5, s. 16 (8).

No appeal or right to be heard

(8.1) There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section. 2009, c. 5, s. 16 (8).

Intent of suspension

(9) The suspension of a licence under this section is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1993, c. 40, s. 5.

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Duty of officer

(10) Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered. 2008, c. 17, s. 38.

Removal of vehicle

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage. 1993, c. 40, s. 5.

Cost of removal

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1993, c. 40, s. 5.

Offence

(13) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 1993, c. 40, s. 5.

Definitions

(14) In this section,

“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)

“novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”)

“provincially approved screening device” means,

(a) an approved screening device as defined in the Criminal Code (Canada), or

(b) a screening device that meets the standards of the Alcohol Test Committee of the Canadian Society of Forensic Sciences. (“appareil de détection approuvé par la province”) 1993, c. 40, s. 5; 2009, c. 5, s. 16 (9, 10).

Meaning of suspension for out-of-province licences

(15) With respect to a driver’s licence issued by another jurisdiction, instead of suspending the person’s driver’s licence, the Registrar shall suspend the person’s privilege to drive a motor vehicle in Ontario for the applicable period specified in subsection (5) or determined under subsection (5.1). 2009, c. 5, s. 16 (11).

Breath testing, driver accompanying novice

48.2 (1) Where a police officer has brought a novice driver to a stop under the authority of this Act, and the police officer reasonably suspects that the accompanying driver has alcohol in his or her body, the police officer may, for the purposes of determining whether the novice driver is in compliance with the regulations respecting novice drivers, demand that the accompanying driver provide forthwith a sample of breath into an approved screening device as defined in section 254 of the Criminal Code (Canada) as if he or she was the person operating the motor vehicle. 1993, c. 40, s. 5.

Direction to novice driver

(2) Where, upon demand of a police officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device, as defined in section 254 of the Criminal Code (Canada), registers “Warn”, “Alert” or “Fail” or otherwise indicates that the concentration of alcohol in the accompanying driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may direct the novice driver not to drive a motor vehicle on a highway except in compliance with the regulations respecting novice drivers. 1993, c. 40, s. 5; 2007, c. 13, s. 12 (1).

Opportunity for second analysis

(3) Where an analysis of the breath of an accompanying driver is made under subsection (2) and registers “Warn”, “Alert” or “Fail” or otherwise indicates that the concentration of alcohol in the accompanying driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the accompanying driver may require that a second analysis be performed if the accompanying driver requests the second analysis immediately after the police officer gives a direction to the novice driver under subsection (2). 2009, c. 5, s. 17 (2).

Screening device, instrument used for second analysis

(3.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (2) or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada). 2009, c. 5, s. 17 (2).

Second analysis governs

(3.2) Where an accompanying driver provides a sample of breath for the second analysis requested under subsection (3) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any direction given by the police officer under subsection (2) continues or terminates accordingly. 2009, c. 5, s. 17 (2).

Calibration of screening device

(4) For the purposes of subsection (2), the approved screening device referred to in that subsection shall not be calibrated to register “Warn” or “Alert” if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood. 1993, c. 40, s. 5.

Same

(5) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (4). 1993, c. 40, s. 5.

Intent of direction

(6) The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1993, c. 40, s. 5.

Removal of vehicle

(7) If the motor vehicle of a person who is directed not to drive under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage. 1993, c. 40, s. 5.

Cost of removal

(8) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1993, c. 40, s. 5.

Offence

(9) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 1993, c. 40, s. 5.

Definitions

(10) In this section,

“accompanying driver” and “novice driver” have the meanings prescribed by the regulations made under section 57.1. 1993, c. 40, s. 5.

Breath testing, young drivers

Application of subss. (2), (3), (4) and (5)

48.2.1 (1) Subsections (2) and (3) apply and subsections (4) and (5) do not apply if the police officer who stops a young driver uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsections (4) and (5) apply and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section. 2009, c. 5, s. 18.

Test registers “Pass”, second test requested for presence of alcohol

(2) Where a young driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Pass” or otherwise indicates that the young driver has no alcohol in his or her body, but the police officer reasonably suspects that the young driver has alcohol in his or her body, the police officer may, for the purposes of determining the concentration of alcohol in the young driver’s blood, demand that the young driver provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken. 2009, c. 5, s. 18.

Test registers “Presence of Alcohol”, surrender of licence

(3) Where, upon demand of a police officer made under subsection (2), a young driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers “Presence of Alcohol” or otherwise indicates that the young driver has alcohol in his or her body, the police officer may request that the young driver surrender his or her driver’s licence. 2009, c. 5, s. 18.

Test registers “Warn” or “Alert”, surrender of licence

(4) Where a young driver has been brought to a stop by a police officer under the authority of this Act and fails or refuses to provide a sample of breath or provides a sample of breath under section 48 which, on analysis registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the young driver has alcohol in his or her body, the police officer may request that the young driver surrender his or her licence. 2009, c. 5, s. 18.

Test registers “Warn” or “Alert”, surrender of licence

(5) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a young driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers “Warn” or “Alert” or otherwise indicates that the young driver has alcohol in his or her body, the police officer may request that the young driver surrender his or her driver’s licence. 2009, c. 5, s. 18.

Test indicates presence of alcohol, surrender of licence

(6) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a young driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of that section, indicates the presence of alcohol in the young driver’s body, the police officer may request that the young driver surrender his or her driver’s licence. 2009, c. 5, s. 18.

Opportunity for second analysis

(7) Where an analysis of the breath of the young driver is made under subsection (3), (4) or (5) and registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the young driver has alcohol in his or her body, the young driver may require that a second analysis be performed if the young driver requests the second analysis immediately after the police officer requests the surrender of his or her licence under any of those subsections. 2009, c. 5, s. 18.

Screening device, instrument used for second analysis

(8) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3), (4) or (5), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada). 2009, c. 5, s. 18.

Second analysis governs

(9) Where a young driver provides a sample of breath for the second analysis requested under subsection (7) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (3), (4) or (5) continues or terminates accordingly. 2009, c. 5, s. 18.

Licence suspension

(10) Upon a request being made under subsection (3), the young driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the young driver is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for 24 hours from the time the request is made. 2009, c. 5, s. 18.

Same

(11) Upon a request being made under subsection (4), (5) or (6), the young driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the young driver is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended,

(a) if the young driver provides a sample of breath that on analysis registers “Presence of Alcohol” or otherwise indicates that the young driver has alcohol in his or her body, for 24 hours from the time the request is made;

(b) if the young driver provides a sample of breath that on analysis registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the young driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, for the period determined under subsection 48 (14). 2009, c. 5, s. 18.

Same

(12) A suspension under clause (11) (b) is deemed to be a suspension under section 48. 2009, c. 5, s. 18.

Suspension concurrent with other administrative suspensions

(13) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.1 or 48.3. 2009, c. 5, s. 18.

Calibration of screening device

(14) The provincially approved screening device shall not be calibrated to register “Presence of Alcohol” if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 10 milligrams of alcohol in 100 millilitres of blood, and despite anything in this section, the reading shown on a provincially approved screening device for “Presence of Alcohol” may be another term or symbol that conveys the same meaning. 2009, c. 5, s. 18.

Same

(15) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by subsection (14). 2009, c. 5, s. 18.

No appeal or right to be heard

(16) There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section. 2009, c. 5, s. 18.

Intent of suspension

(17) The suspension of a licence under this section is intended to ensure that young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 18.

Duty of officer

(18) Every police officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered. 2009, c. 5, s. 18.

Removal of vehicle

(19) If the motor vehicle of a young driver whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 2009, c. 5, s. 18.

Cost of removal

(20) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 2009, c. 5, s. 18.

Offence

(21) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 2009, c. 5, s. 18.

Definitions

(22) In this section,

“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)

“provincially approved screening device” means,

(a) an approved screening device as defined in the Criminal Code (Canada), or

(b) a screening device that meets the standards of the Alcohol Test Committee of the Canadian Society of Forensic Sciences; (“appareil de détection approuvé par la province”)

“young driver” means a driver who is under 22 years old. (“jeune conducteur”) 2009, c. 5, s. 18.

Meaning of suspension for out-of-province licences

(23) With respect to a driver’s licence issued by another jurisdiction, instead of suspending the person’s driver’s licence, the Registrar shall suspend the person’s privilege to drive a motor vehicle in Ontario for the applicable period specified in subsection (10) or determined under subsection (11). 2009, c. 5, s. 18.

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Suspension of licence, alcohol testing

48.3 (1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel meets one of the criteria set out in subsection (3), the officer shall notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time prescribed by the regulations. 1996, c. 20, s. 8; 2006, c. 20, s. 4 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

Administrative suspension of licence for blood alcohol concentration above .08, failing or refusing to provide breath sample

Licence surrendered

(1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel meets one of the criteria set out in subsection (3), the officer shall request that the person surrender his or her driver’s licence. 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

Suspension of driver’s licence for ninety days

(2) Upon being notified under subsection (1), the Registrar shall suspend a person’s driver’s licence for a period of ninety days. 1996, c. 20, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

90-day licence suspension

(2) Upon a request being made under subsection (1), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for 90 days from the time the request is made. 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

No right to be heard

(2.1) A person has no right to be heard before or after the notification by the officer, or before or after the Registrar suspends the licence, but this subsection does not affect the taking of any proceeding in court. 1997, c. 12, s. 3 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2.1) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1). See: 2009, c. 5, ss. 19 (1), 59 (2).

Criteria

(3) The criteria for the purpose of subsection (1) are:

1. The person is shown, by an analysis of breath or blood taken pursuant to a demand made under subsection 254 (3) of the Criminal Code (Canada) or pursuant to section 256 of the Criminal Code (Canada), to have a concentration of alcohol in his or her blood in excess of 80 milligrams in 100 millilitres of blood.

2. The person failed or refused to provide a breath or blood sample in response to a demand made under section 254 of the Criminal Code (Canada). 1996, c. 20, s. 8; 1997, c. 12, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

Criteria

(3) The criteria for the purpose of subsection (1) are:

1. The person is shown, by an analysis of breath or blood taken pursuant to a demand made under subsection 254 (3) of the Criminal Code (Canada) or pursuant to section 256 of the Criminal Code (Canada), to have a concentration of alcohol in his or her blood in excess of 80 milligrams in 100 millilitres of blood.

2. The person failed or refused, in response to a demand made under section 254 of the Criminal Code (Canada),

i. to provide a sample of breath, blood, oral fluid or urine,

ii. to perform physical co-ordination tests, or

iii. to submit to an evaluation. 2009, c. 5, s. 19 (1).

No right to be heard

(3.1) A person has no right to be heard before surrendering his or her licence under subsection (2). 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

Effective date

(4) The suspension takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose licence is suspended. 1996, c. 20, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

Duty of officer

(4) Every officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence,

(a) provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended; and

(b) forward a copy of the notice to the Registrar. 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

Surrender of licence

(5) If notice of the suspension is delivered personally to the person by a police officer, the officer may request the person to surrender his or her driver’s licence and, upon the request, the person shall forthwith surrender his or her driver’s licence to the police officer. 1996, c. 20, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

Notice by Registrar

(5) The Registrar may provide a notice of suspension, containing the information included on the notice of suspension required by subsection (4), to the person whose licence is suspended by mailing it to the address of the person shown on his or her driver’s licence or to the latest address for the person appearing on the records of the Ministry. 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

Same

(6) If notice of the suspension is given to the person by mail, the person shall forthwith surrender his or her driver’s licence. 2008, c. 17, s. 39 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

Same

(6) Where the officer is unable to request that a person surrender his or her driver’s licence under subsection (1), the officer shall notify the Registrar of that fact and the Registrar shall mail a notice of suspension, containing the information included on the notice of suspension required by subsection (4), to the person whose licence is suspended by mailing it to the address of the person shown on his or her driver’s licence or to the latest address for the person appearing on the records of the Ministry. 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

Licence invalid

(7) Whether or not the person is unable or fails to surrender his or her driver’s licence under subsection (5) or (6), the licence is suspended for a period of ninety days from the time notice is given to the person. 1996, c. 20, s. 8; 2007, c. 13, s. 13.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (1) and the following substituted:

Effective date of suspension

(7) Despite subsection (2), the driver’s licence of a person who is notified of the suspension under subsection (6) is suspended from the date set out in the notice. 2009, c. 5, s. 19 (1).

Suspension concurrent with other administrative suspensions

(7.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.1 or 48.2.1. 2009, c. 5, s. 19 (1).

See: 2009, c. 5, ss. 19 (1), 59 (2).

(8) Repealed: 2008, c. 17, s. 39 (2).

Licence delivered to Registrar

(9) A police officer who has notified the Registrar under subsection (1) or a police officer who has personally delivered notice of the suspension to the person shall, as soon as practicable, forward to the Registrar,

(a) the person’s driver’s licence, if the licence was surrendered to the police officer; and

(b) such other material or information as may be prescribed by the regulations. 1996, c. 20, s. 8; 2008, c. 17, s. 39 (3).

Intent of suspension

(10) The suspension of a driver’s licence under this section is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1996, c. 20, s. 8.

Removal of vehicle

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 1996, c. 20, s. 8.

Cost of removal

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1996, c. 20, s. 8.

Protection from personal liability

(13) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension of a licence in good faith in the execution or intended execution of a duty under this section. 1996, c. 20, s. 8.

Crown not relieved of liability

(14) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (13) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (13) to which it would otherwise be subject. 1996, c. 20, s. 8.

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) respecting the form, manner and time within which the Registrar must be notified under subsection (1);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 19 (2). See: 2009, c. 5, ss. 19 (2), 59 (2).

(b) respecting the information to be provided to persons whose licences are suspended under this section;

(c) prescribing other material or information to be forwarded to the Registrar under subsection (9). 1996, c. 20, s. 8.

Definitions

(16) In this section and in section 50.1,

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a street car and a motorized snow vehicle; (“véhicule automobile”)

“vessel” means a vessel within the meaning of section 214 of the Criminal Code (Canada). (“bateau”) 1996, c. 20, s. 8; 2006, c. 20, s. 4 (2).

Meaning of suspension for out-of-province licences

(17) With respect to a driver’s licence issued by another jurisdiction, instead of suspending the person’s driver’s licence, the Registrar shall suspend the person’s privilege to drive a motor vehicle in Ontario for a period of ninety days, and this section and section 50.1 apply to the suspension of that privilege with necessary modifications. 1996, c. 20, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, Part IV is amended by the Statutes of Ontario, 2009, chapter 5, section 20 by adding the following section:

Administrative vehicle impoundment for blood alcohol concentration above .08, failing or refusing to provide breath sample

48.4 (1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle meets one of the criteria set out in subsection 48.3 (3), the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner,

(a) be removed to an impound facility as directed by a police officer; and

(b) be impounded for seven days from the time it was detained. 2009, c. 5, s. 20.

Release of vehicle

(2) Subject to subsection (14), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2009, c. 5, s. 20.

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Early release of vehicle

(3) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded or, subject to subsection (14), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven as described in subsection (1). 2009, c. 5, s. 20.

Duty of officer re impoundment

(4) Every officer who detains a motor vehicle under this section shall, as soon as practicable,

(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered; and

(b) serve the driver with a copy of the notice. 2009, c. 5, s. 20.

Service on driver is deemed service on owner and operator

(5) Service of a copy of a notice under subsection (4) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator. 2009, c. 5, s. 20.

Further notice to owner

(6) In addition to serving the owner of the motor vehicle through service on the driver under subsection (4), a police officer shall provide a copy of the notice prepared under subsection (4) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2009, c. 5, s. 20.

Surrender of documents, information re trip and goods carried

(7) If the motor vehicle that is to be impounded contains goods, the police officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 2009, c. 5, s. 20.

Operator, owner to remove load

(8) Upon being served with notice of the impoundment through service on the driver under subsection (4), the operator of the motor vehicle or, if there is no operator, the owner shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle. 2009, c. 5, s. 20.

Application of Dangerous Goods Transportation Act

(9) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator or, if there is no operator, the owner shall remove them in accordance with that Act. 2009, c. 5, s. 20.

Officer may remove load, trailer at operator’s cost, risk

(10) If, in the opinion of a police officer, the operator or owner fails to remove a drawn vehicle or load as required by subsection (8) within a reasonable time after being served with notice of the impoundment, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 20.

Same

(11) If a police officer is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods within the meaning of the Dangerous Goods Transportation Act or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 20.

Personal property in vehicle available to owner

(12) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 2009, c. 5, s. 20.

No appeal or right to be heard

(13) There is no appeal from, or right to be heard before, a vehicle detention or impoundment under subsection (1). 2009, c. 5, s. 20.

Impound costs to be paid before release of vehicle

(14) The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2009, c. 5, s. 20.

Lien for impound costs

(15) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2009, c. 5, s. 20.

Impound costs a recoverable debt

(16) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a debt due by the owner and the driver of the motor vehicle at the time the vehicle was detained, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction. 2009, c. 5, s. 20.

Owner may recover losses from driver

(17) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under subsection (1) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2009, c. 5, s. 20.

Debt due to police or Crown

(18) The costs incurred by a police force or the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (10) or (11) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction. 2009, c. 5, s. 20.

Offence

(19) Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2009, c. 5, s. 20.

Intent of impoundment

(20) The impoundment of a motor vehicle under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 20.

Impoundment concurrent with other administrative impoundments

(21) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 55.1, 55.2, 82.1 or 172. 2009, c. 5, s. 20.

Forms

(22) The Minister may require that forms approved by the Minister be used for any purpose of this section. 2009, c. 5, s. 20.

Regulations

(23) The Minister may make regulations,

(a) requiring police officers to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports;

(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption;

(c) exempting commercial motor vehicles, or any class or type of commercial motor vehicles, or drivers, owners or operators of commercial motor vehicles or any class of them, from any provision or requirement of this section or of any regulation made under this section, prescribing a different scheme of consequences and requirements from those set out in this section if a police officer is satisfied that a person driving or having the care, charge or control of a commercial motor vehicle, or a specified class or type of commercial motor vehicle, meets one of the criteria set out in subsection 48.3 (3), including prescribing different penalties, and prescribing conditions and circumstances for any such exemption or for a different scheme to apply. 2009, c. 5, s. 20.

Contravention of different scheme

(24) Every person who contravenes or fails to comply with a regulation made under clause (23) (c) that prescribes a different scheme of consequences and requirements from those set out in this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2009, c. 5, s. 20.

Definitions

(25) In this section,

“driver’s licence” includes a driver’s licence issued by another jurisdiction; (“permis de conduire”)

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. (“utilisateur”) 2009, c. 5, s. 20.

See: 2009, c. 5, ss. 20, 59 (2).

Proceedings before Tribunal

49. Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act. 1999, c. 12, Sched. G, s. 24 (3).

Note: Despite the re-enactment of section 49 by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 24 (3), members of the Licence Suspension Appeal Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 24 (4).

Appeal

50. (1) Every person aggrieved by a decision of the Minister made under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal. 2002, c. 18, Sched. P, s. 17.

Powers of Tribunal

(2) The Tribunal may confirm, modify or set aside the decision of the Minister or Registrar. R.S.O. 1990, c. H.8, s. 50 (2); 1999, c. 12, Sched. G, s. 24 (6).

Appeal to judge

(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person’s latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice. 2002, c. 18, Sched. P, s. 17.

Appeal to Divisional Court

(3.1) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Registrar under section 17 or 47, other than a decision under clause 47 (1) (b), may, within 30 days after a notice of the decision is sent to the person’s latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court. 2001, c. 9, Sched. O, s. 6 (2).

Decision not stayed

(3.2) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (3.1) does not stay the decision of the Tribunal being appealed, unless the Divisional Court orders a stay. 2001, c. 9, Sched. O, s. 6 (2).

Powers of judge

(4) The judge may confirm, modify or set aside the decision of the Tribunal. R.S.O. 1990, c. H.8, s. 50 (4); 1999, c. 12, Sched. G, s. 24 (8).

Application of s. 55

(5) Section 55 does not apply to the suspension or cancellation of a licence or permit under section 47. R.S.O. 1990, c. H.8, s. 50 (5).

Appeal of ninety-day suspension

50.1 (1) A person whose driver’s licence is suspended under section 48.3 may appeal the suspension to the Tribunal. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Grounds for appeal

(2) The only grounds on which a person may appeal under subsection (1) and the only grounds on which the Tribunal may order that the suspension be set aside are,

(a) that the person whose licence was suspended is not the same individual to whom a demand for a sample of breath or blood was made, or from whom a sample of breath or blood was taken, as the case may be, under or pursuant to the provisions of the Criminal Code (Canada) referred to in subsection 48.3 (3); or

(b) that the person failed or refused to comply with a demand made under section 254 of the Criminal Code (Canada) to provide a sample of breath or blood because he or she was unable to do so for a medical reason. 1996, c. 20, s. 10; 1997, c. 12, s. 4; 1999, c. 12, Sched. G, s. 24 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2009, chapter 5, section 21 and the following substituted:

Grounds for appeal

(2) The only grounds on which a person may appeal a suspension under section 48.3 and the only grounds on which the Tribunal may order that the suspension be set aside are,

(a) that the person whose licence was suspended is not the same individual to whom a demand was made, or from whom a sample was taken, or who performed physical co-ordination tests or submitted to an evaluation, as the case may be, under section 254 or 256 of the Criminal Code (Canada); or

(b) that the person failed or refused to comply with a demand made under section 254 of the Criminal Code (Canada) because he or she was unable to do so for a medical reason. 2009, c. 5, s. 21.

See: 2009, c. 5, ss. 21, 59 (2).

Supporting material

(3) A person who appeals to the Tribunal under subsection (1) shall file such written material in support of the appeal as may be required by the regulations made under clause 49 (4) (c), together with such other material as the person may wish to submit, and the Tribunal shall not hold a hearing until all the supporting material is filed. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Powers of Board

(4) The Tribunal may confirm the suspension or may order that the suspension be set aside. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Licence reinstated

(5) If the Tribunal orders that the suspension be set aside, it shall give written notice of the order to the appellant and the Registrar and, upon receipt of such notice, the Registrar shall reinstate the appellant’s driver’s licence, subject to any other suspension under this Act. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

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Decision final

(6) The decision of the Tribunal under this section is final and binding. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Suspension not stayed

(7) The suspension under section 48.3 continues to apply despite the filing of an appeal under this section unless the Registrar reinstates the licence pursuant to the Tribunal’s order that the suspension be set aside, and this subsection prevails over the Statutory Powers Procedure Act. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (9).

When oral hearing required

(8) The Tribunal is not required to hold an oral hearing under this section unless the appellant requests an oral hearing at the time of filing the appeal and bases the appeal on one of the grounds set out in subsection (2). 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (10).

Exception

(9) Despite a request by the appellant for an oral hearing, the Tribunal may order that the suspension be set aside on the basis of the material filed with the Tribunal without holding an oral hearing. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (10).

(10) Repealed: 1999, c. 12, Sched. G, s. 24 (11).

Appeal of order to impound

50.2 (1) The owner of a motor vehicle that is subject to an order to impound under section 55.1 may, upon paying the prescribed fee, appeal the order to the Tribunal. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2009, chapter 5, section 22 and the following substituted:

Appeal of a long-term vehicle impoundment for driving while suspended

(1) The owner of a motor vehicle that is impounded under section 55.1 may, upon paying the fee established by the Tribunal, appeal the impoundment to the Tribunal. 2009, c. 5, s. 22.

See: 2009, c. 5, ss. 22, 59 (2).

Parties

(2) The owner and the Registrar are the parties to an appeal under this section. 1997, c. 12, s. 5.

Grounds for appeal

(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may set aside the order to impound are,

(a) that the motor vehicle that is subject to the order was stolen at the time in respect of which the order was made;

(b) that the driver’s licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension;

(c) that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver’s licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension; or

(d) that the order will result in exceptional hardship. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2009, chapter 5, section 22 and the following substituted:

Grounds for appeal

(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may order the Registrar to release the motor vehicle are,

(a) that the motor vehicle that is impounded was stolen at the time it was detained in order to be impounded;

(b) that the driver’s licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then under suspension;

(c) that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver’s licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then under suspension; or

(d) that the impoundment will result in exceptional hardship. 2009, c. 5, s. 22.

See: 2009, c. 5, ss. 22, 59 (2).

Exception

(4) Clause (3) (d) does not apply if an order to impound under section 55.1 was previously made with respect to any motor vehicle then owned by the same owner. 1997, c. 12, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2009, chapter 5, section 22 and the following substituted:

Exception

(4) Clause (3) (d) does not apply if there was a previous impoundment under section 55.1 with respect to any motor vehicle then owned by the same owner. 2009, c. 5, s. 22.

See: 2009, c. 5, ss. 22, 59 (2).

Powers of Tribunal

(5) The Tribunal may confirm or set aside the order to impound. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2009, chapter 5, section 22 and the following substituted:

Powers of Tribunal

(5) The Tribunal may confirm the impoundment or order the Registrar to release the motor vehicle. 2009, c. 5, s. 22.

See: 2009, c. 5, ss. 22, 59 (2).

Notice of decision

(6) The Tribunal shall give written notice of its decision to the owner and the Registrar. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Registrar’s actions if order set aside

(7) If the Tribunal sets aside the order, the Registrar, upon receipt of the notice,

(a) shall issue an order to release the vehicle;

(b) shall pay on behalf of the owner the amount incurred by the owner, as a result of the order to impound, for removing and impounding the vehicle, not including any amount for economic losses; and

(c) shall pay the operator or the owner the amount incurred by the operator or owner, as a result of the order to impound, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12); 2000, c. 26, Sched. O, s. 3 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2009, chapter 5, section 22 and the following substituted:

Registrar’s actions if Tribunal orders release of vehicle

(7) If the Tribunal orders the Registrar to release the motor vehicle, the Registrar shall, upon receipt of the notice,

(a) issue an order to release the vehicle;

(b) pay on behalf of the owner the amount incurred by the owner, as a result of the impoundment, for removing and impounding the vehicle, not including any amount for economic losses; and

(c) pay the operator or the owner the amount incurred by the operator or owner, as a result of the impoundment, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses. 2009, c. 5, s. 22.

See: 2009, c. 5, ss. 22, 59 (2).

Decision final

(8) The decision of the Tribunal under this section is final and binding. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Impoundment not stayed

(9) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound under section 55.1. 1997, c. 12, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2009, chapter 5, section 22 and the following substituted:

Impoundment not stayed

(9) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the impoundment under section 55.1. 2009, c. 5, s. 22.

See: 2009, c. 5, ss. 22, 59 (2).

Civil Remedies Act, 2001 prevails

(10) Subsection (7) does not apply if the vehicle is subject to an order under Part III.1 of the Civil Remedies Act, 2001. 2007, c. 13, s. 14.

Definitions

(11) In this section,

“operator” has the same meaning as in section 55.1; (“utilisateur”)

“owner” means each person whose name appears on the certificate of registration for the vehicle but in subsection (4) “owner” means the person whose name appears on the plate portion of a permit in cases where the certificate of registration consists of a vehicle portion and a plate portion and different persons are named on each portion. (“propriétaire”) 1997, c. 12, s. 5; 2000, c. 26, Sched. O, s. 3 (2).

Appeal of order to impound and suspend, commercial motor vehicles

50.3 (1) The owner of a commercial motor vehicle or trailer that is subject to an order to impound and suspend under section 82.1 may, upon paying the prescribed fee, appeal the order to the Tribunal. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Appeal of impoundment, commercial motor vehicles

(1) The owner of a commercial motor vehicle or trailer that is impounded under section 82.1 may, upon paying the fee established by the Tribunal, appeal the impoundment to the Tribunal. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

Parties

(2) The owner and the Registrar are the parties to an appeal under this section. 1997, c. 12, s. 6.

Grounds for appeal

(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may set aside the order to impound and suspend are,

(a) that the commercial motor vehicle or trailer that is subject to the order was stolen at the time the order was made; or

(b) that the commercial motor vehicle or trailer had no critical defects at the time of the inspection under section 82.1. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Grounds for appeal

(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may order the Registrar to release the vehicle are,

(a) that the commercial motor vehicle or trailer that is impounded was stolen at the time the vehicle was detained under section 82.1; or

(b) that the commercial motor vehicle or trailer had no critical defects at the time of the inspection under section 82.1. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

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Effect of withdrawal of appeal

(4) If the owner withdraws the appeal after the Registrar has ordered the release of the vehicle pursuant to an order by the Ontario Court (General Division) under section 82.1, the Registrar shall order the owner of the commercial motor vehicle or trailer to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order, failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown. 1997, c. 12, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (1) by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 10 (1), 21.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (1) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 57 (2). See: 2009, c. 5, ss. 57 (2), 59 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Effect of withdrawal of appeal

(4) If the owner withdraws the appeal after the Registrar has ordered the release of the vehicle pursuant to an order by the Superior Court of Justice under section 82.1, the Registrar shall order the owner of the commercial motor vehicle or trailer to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order, failing which the security deposited in the Superior Court of Justice under section 82.1 shall be forfeited to the Crown. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

Powers of Tribunal

(5) The Tribunal may confirm or set aside the order to impound and suspend. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Powers of Tribunal

(5) The Tribunal may confirm the impoundment or order the Registrar to release the vehicle. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

Notice of decision

(6) The Tribunal shall give written notice of its decision to the owner and the Registrar. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Owner must return vehicle to impound facility if order confirmed

(7) If the Tribunal confirms the order, the Registrar shall order the owner of the commercial motor vehicle or trailer, if the vehicle had been previously released from the impound facility, to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order and for the period set out in the original order to impound and suspend less the number of days the vehicle was impounded prior to its release under subsection 82.1 (24), failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (2) by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 10 (2), 21.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (2) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 57 (2). See: 2009, c. 5, ss. 57 (2), 59 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Owner must return vehicle to impound facility if order confirmed

(7) If the Tribunal confirms the impoundment, the Registrar shall order the owner of the commercial motor vehicle or trailer, if the vehicle had been previously released from the impound facility, to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order and for the period set out in subsection 82.1 (8) less the number of days the vehicle was impounded prior to its release under subsection 82.1 (24), failing which the security deposited in the Superior Court of Justice under section 82.1 shall be forfeited to the Crown. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

Registrar’s actions if order set aside

(8) If the Tribunal sets aside the order, the Registrar, upon receipt of the notice,

(a) shall issue an order to release the vehicle;

(b) shall reinstate the vehicle portion of the permit that was suspended;

(c) shall pay the owner the amount incurred by the owner, as a result of the order to impound and suspend, for removing and impounding the vehicle, not including any amount for economic losses;

(d) shall pay the operator of the vehicle the amount incurred by the operator, as a result of the order to impound and suspend, for removing the load from the vehicle, not including any amount for economic losses. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Registrar’s actions if ordered to release vehicle

(8) If the Tribunal orders the Registrar to release the vehicle, the Registrar shall, upon receipt of the notice,

(a) issue an order to release the vehicle;

(b) reinstate the vehicle portion of the permit that was suspended under subsection 82.1 (12);

(c) pay on behalf of the owner the amount incurred by the owner, as a result of the impoundment, for removing and impounding the vehicle, not including any amount for economic losses; and

(d) pay the operator of the vehicle the amount incurred by the operator, as a result of the impoundment, for removing the load from the vehicle, not including any amount for economic losses. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

Vehicle cannot be operated until made safe

(9) Despite the fact that an order to impound and suspend is set aside and the vehicle portion of the permit is reinstated, no person shall drive or operate on a highway the vehicle that was the subject of the order until it has been placed in a safe condition. 1997, c. 12, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (3) by striking out “until it has been placed in a safe condition” and substituting “until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition”. See: 1999, c. 12, Sched. R, ss. 10 (3), 21.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Vehicle cannot be operated until made safe

(9) Despite the fact that the Registrar is ordered to release the vehicle, the order to suspend the vehicle portion of the vehicle’s permit is set aside and the vehicle portion of the permit is reinstated, no person shall drive or operate on a highway the vehicle that was the subject of the order until it has been placed in a safe condition. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

Decision final

(10) The decision of the Tribunal under this section is final and binding. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Impoundment not stayed

(11) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound and suspend under section 82.1. 1997, c. 12, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted:

Impoundment not stayed

(11) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the impoundment or order to suspend under section 82.1. 2009, c. 5, s. 23.

See: 2009, c. 5, ss. 23, 59 (2).

(12) Repealed: 1999, c. 12, Sched. G, s. 24 (15).

Definitions

(13) In this section,

“commercial motor vehicle”, “operator”, “owner” and “permit” have the same meanings as in section 82.1. (“véhicule utilitaire”, “utilisateur”, “propriétaire”, “certificat d’immatriculation”) 1997, c. 12, s. 6.

Penalty for driving motor vehicle when permit suspended or cancelled

51. Every person who drives a motor vehicle the permit for which is under suspension or has been cancelled is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 51.

Service of notice of licence suspension

52. (1) Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry;

(b) in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry. 2000, c. 26, Sched. O, s. 4.

Deemed date of service

(2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice. 2000, c. 26, Sched. O, s. 4.

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) prescribing other methods of service that may be used in the case of a suspension described in clause (1) (a) or a suspension described in clause (1) (b) and prescribing the day on which the notice sent or delivered by such other means shall be deemed to have been given;

(b) prescribing means of proving that a notice was given by a method permitted by subsection (1) or by a method permitted by regulation. 2000, c. 26, Sched. O, s. 4.

Driving while driver’s licence suspended

53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).

Same

(1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and

(b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000,

or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 7 (2).

Subsequent offence

(2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b). R.S.O. 1990, c. H.8, s. 53 (2).

Same

(2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1) (b). 1998, c. 5, s. 25 (1).

Licence suspended

(3) The driver’s licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto. R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2).

Where person whose permit or licence suspended does not hold permit or licence

54. Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed for all the purposes of this Act or the regulations to be a person whose permit or licence, as the case may be, has been suspended. R.S.O. 1990, c. H.8, s. 54.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 54 is repealed by the Statutes of Ontario, 1996, chapter 20, section 11 and the following substituted:

Effect of suspension provisions if person holds no permit or licence

54. (1) If a permit or licence is required to be suspended under this Act or under the Motorized Snow Vehicles Act, but the person whose permit or licence is to be suspended does not hold a permit or licence, the person shall be deemed for the purposes of this Act to be a person whose permit or licence has been suspended. 1996, c. 20, s. 11; 2000, c. 30, s. 10.

No permit or licence issued during suspension period

(2) No permit or licence shall be issued to a person who is disqualified from holding a permit or licence or who is deemed to be a person whose permit or licence has been suspended under subsection (1) until the period of the disqualification or suspension has expired and, in the case of a person who is deemed to be a person whose licence has been suspended, the person pays the prescribed administrative fee for the reinstatement of the licence. 1996, c. 20, s. 11.

Exception

(3) Despite subsection (2), a person who met the description in subsection 34 (1) at the time of the events that led to the disqualification or deeming is not required to pay the prescribed administrative fee for the reinstatement of the licence. 1996, c. 20, s. 11.

See: 1996, c. 20, ss. 11, 32.

Suspension on appeal

55. If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal. R.S.O. 1990, c. H.8, s. 55; 1996, c. 33, s. 10.

Order to impound

55.1 (1) In this section,

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; (“utilisateur”)

“owner” means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and a plate portion and different persons are named on each portion, means,

(a) in subsections (5), (8) and (14), the person whose name appears on the vehicle portion, and

(b) in subsections (3), (5), (6), (8), (10), (11), (12), (13), (14), (16), (18.1) and (21), the person whose name appears on the plate portion. (“propriétaire”) 1997, c. 12, s. 8; 2000, c. 26, Sched. O, s. 5 (1); 2002, c. 18, Sched. P, s. 18.

Driving while under suspension, Registrar notified

(2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver’s licence is under suspension under section 41, 42 or 43 even if it is under suspension at the same time for any other reason, the officer shall,

(a) notify the Registrar of the fact or cause the Registrar to be notified; and

(b) detain the motor vehicle that was being driven by the person whose driver’s licence is under suspension until the Registrar issues an order under subsection (3). 1997, c. 12, s. 8; 2000, c. 26, Sched. O, s. 5 (2).

Order to impound or release

(3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver’s licence is under suspension, as follows:

1. For 45 days, if an order to impound under this section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

2. For 90 days, if one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

3. For 180 days, if more than one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 1997, c. 12, s. 8.

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Intent of order to impound

(4) The order to impound issued under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1997, c. 12, s. 8.

Notification to police

(5) The Registrar shall notify a police officer or officer appointed for carrying out the provisions of this Act of an order made under subsection (3) and shall send notice of the order to the owner of the motor vehicle at the most recent address for the owner appearing in the records of the Ministry. 1997, c. 12, s. 8.

Release of vehicle

(6) Upon notification of the Registrar’s order to release the motor vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall forthwith release the motor vehicle to its owner. 1997, c. 12, s. 8.

Service of order to impound

(7) Upon notification of the Registrar’s order to impound the motor vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall serve the order or notice of it on the driver. 1997, c. 12, s. 8.

Service on driver is deemed service on owner and operator

(8) Service of the order, or notice of it, on the driver of the motor vehicle shall be deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator. 1997, c. 12, s. 8.

Surrender of documents, information re trip and goods carried

(9) If the motor vehicle that is the subject of the order to impound contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 1997, c. 12, s. 8.

Operator, owner to remove load

(10) Upon being served, or being deemed to have been served, with the order to impound or notice of it, the operator of the motor vehicle, or if there is no operator, the owner, shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle. 1997, c. 12, s. 8.

Application of Dangerous Goods Transportation Act

(11) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator, or if there is no operator, the owner, shall remove them in accordance with that Act. 1997, c. 12, s. 8.

Officer may remove load, trailer at operator’s cost, risk

(12) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator or owner fails to remove a drawn vehicle or load as required by subsection (10) within a reasonable time after being served or being deemed to have been served with the order to impound, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator, or if there is no operator, the owner. 1997, c. 12, s. 8.

Same

(13) If a police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator, or if there is no operator, the owner. 1997, c. 12, s. 8.

Vehicle impounded

(14) Upon service or deemed service of the order to impound or notice of it being effected, or, if the motor vehicle that is subject to the order was drawing a vehicle or had a load, once the drawn vehicle and load have been removed, the motor vehicle shall, at the cost of and risk to the owner,

(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and

(b) be impounded for the period set out in the order to impound or until ordered to be released by the Registrar under section 50.2. 1997, c. 12, s. 8.

Release of vehicle before end of impound period

(14.1) Despite any order to impound issued under this section, the Registrar may, on application by a person belonging to a class of persons prescribed by regulation, release an impounded motor vehicle of a prescribed class prior to the end of the impound period specified in the order on such conditions as he or she considers just. 2000, c. 26, Sched. O, s. 5 (3).

Consequence of order to release

(14.2) Where an order to release is made under subsection (14.1), the order to impound shall not be considered a previously made order to impound for the purposes of subsection (3) or subsection 50.2 (4). 2000, c. 26, Sched. O, s. 5 (3).

Personal property in vehicle available to owner

(15) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 1997, c. 12, s. 8.

Vehicle released from impound facility

(16) Upon the expiry of the period of impoundment, the Registrar shall order that the motor vehicle be released to its owner from the impound facility. 1997, c. 12, s. 8.

Release to holder of vehicle portion

(16.1) Despite subsection (16), the holder of the vehicle portion of a certificate of registration may apply to the Registrar for the motor vehicle to be released to that holder upon the expiry of the period of impoundment, rather than to the holder of the plate portion, and the Registrar may order the motor vehicle released to the applicant on such conditions as he or she considers appropriate. 2000, c. 26, Sched. O, s. 5 (4).

Rescission of previously made order

(16.2) Where the Registrar decides to make an order under subsection (16.1), he or she may rescind any order previously made with respect to the motor vehicle under subsection (16). 2000, c. 26, Sched. O, s. 5 (4).

Obligations of holder of vehicle portion

(16.3) An order under subsection (16.1) has the effect of making the applicant liable for meeting the owner’s obligations under subsection (18.1). 2000, c. 26, Sched. O, s. 5 (4).

Costs to be paid before release

(17) Despite being served with an order under subsection (14.1), (16) or (16.1), the person who operates the impound facility is not required to release the motor vehicle to the person named in the order until the removal and impound costs related to the order to impound have been paid. 2000, c. 26, Sched. O, s. 5 (5).

Lien on vehicle for removal, impound costs

(18) The costs incurred by the person who operates the impound facility in respect of an order to impound under this section are a lien on the motor vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. 1997, c. 12, s. 8.

Impound costs

(18.1) The costs incurred by the person who operates the impound facility in respect of an order to impound under this section are a debt due by the owner and the driver of the motor vehicle at the time the order was made to the person, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction. 2000, c. 26, Sched. O, s. 5 (6).

Defence

(18.2) It is a defence to an action referred to in subsection (18.1) that the owner sold or transferred the motor vehicle to another person prior to the date of the order to impound. 2000, c. 26, Sched. O, s. 5 (6).

Debt due to Crown

(19) The costs incurred by the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (12) or (13) are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction. 1997, c. 12, s. 8.

Civil Remedies Act, 2001 prevails

(19.1) Despite subsections (6), (14.1), (16) and (16.1), a vehicle that is subject to an order under Part III.1 of the Civil Remedies Act, 2001 shall not be released from detention or the impound facility except in accordance with the terms of that order, or another order, made under that Act. 2007, c. 13, s. 15.

Impound, removal service providers are independent contractors

(20) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation. 1997, c. 12, s. 8.

Owner may recover losses from driver

(21) The owner of a motor vehicle that is subject to an order to impound under this section may bring an action against the driver of the motor vehicle at the time the order was made to recover any costs or other losses incurred by the owner in connection with the order. 1997, c. 12, s. 8.

Holder of vehicle portion may recover costs

(21.1) The holder of the plate portion of the permit and the driver of the motor vehicle at the time the order to impound was made are jointly and severally liable to the holder of the vehicle portion of the permit who obtains an order under subsection (16.1) for any costs or losses incurred in connection with the order, and the costs and losses may be recovered in any court of competent jurisdiction. 2000, c. 26, Sched. O, s. 5 (7).

Protection from personal liability

(22) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty. 1997, c. 12, s. 8.

Crown not relieved of liability

(23) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (22) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 1997, c. 12, s. 8.

Offence

(24) Every person who fails to comply with subsection (10) or with a requirement of a police officer or officer appointed for carrying out the provisions of this Act under subsection (9) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1997, c. 12, s. 8.

Same

(25) Every person who drives or operates or removes a motor vehicle that is subject to an order to impound under this section and every person who causes or permits such a motor vehicle to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1997, c. 12, s. 8.

Same

(26) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. 1997, c. 12, s. 8.

Same

(27) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 8.

Decision without hearing is final

(27.1) The Registrar shall assess applications made under subsections (14.1) and (16.1) without a hearing and the Registrar’s decision is final. 2000, c. 26, Sched. O, s. 5 (8).

Regulations

(28) The Lieutenant Governor in Council may make regulations,

(a) prescribing the period for the purpose of subsection (3);

(b) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;

(c) prescribing the manner in which orders may be issued and notification of them given under this section;

(d) prescribing methods for and rules of service for any notices or orders required to be served under this section;

(e) classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this section or any regulation made under this section and prescribing conditions for any such exemptions;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (28) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 11 by adding the following clauses:

(e.1) prescribing a period of time during which all persons and motor vehicles are exempt from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made during that period where paragraph 2 or 3 of subsection (3) would otherwise apply;

(e.2) classifying persons and motor vehicles and exempting any class of person or motor vehicle from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made with respect to that class of person or motor vehicle where paragraph 2 or 3 of subsection (3) would otherwise apply, and prescribing conditions for any such exemption;

See: 1999, c. 12, Sched. R, ss. 11, 21.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 1999, chapter 12, Schedule R, section 11 is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 57 (2). See: 2009, c. 5, ss. 57 (2), 59 (2).

(f) prescribing fees for the administration of this section;

(g) prescribing the time within which an appeal may be brought under section 50.2 with respect to an order under this section, and governing any other time requirements in the appeal process;

(h) prescribing criteria to be considered, and criteria not to be considered, by the Tribunal in determining in an appeal under section 50.2 whether exceptional hardship will result from an order to impound that is made under this section;

(i) prescribing classes of persons and motor vehicles for the purposes of subsection (14.1) and specifying eligibility criteria;

(j) prescribing rules, time periods and procedures with respect to applications under subsection (14.1). 1997, c. 12, s. 8; 1999, c. 12, Sched. G, s. 24 (16); 2000, c. 26, Sched. O, s. 5 (9).

(29) Repealed: 2008, c. 17, s. 40.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 55.1 is repealed by the Statutes of Ontario, 2009, chapter 5, section 24 and the following substituted:

Long-term vehicle impoundment for driving while suspended

Detention

55.1 (1) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver’s licence is under suspension under section 41, 42 or 43 even if it is under suspension at the same time for any other reason, the officer shall detain the motor vehicle that was being driven by the person whose driver’s licence is under suspension. 2009, c. 5, s. 24.

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Impoundment

(2) Once the drawn vehicle and load, if any, have been removed as may be required by subsection (10), (11), (12) or (13), the detained vehicle shall, at the cost and risk of the owner,

(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and

(b) be impounded from the time it was detained for the period described in subsection (3) or until ordered to be released by the Registrar under subsection (14) or under section 50.2. 2009, c. 5, s. 24.

Impound period

(3) A motor vehicle detained under subsection (1) shall be impounded as follows:

1. For 45 days, if there has not been any previous impoundment under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

2. For 90 days, if there has been one previous impoundment under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

3. For 180 days, if there have been two or more previous impoundments under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 2009, c. 5, s. 24.

Release of vehicle

(4) Subject to subsection (20), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of the impoundment or upon being ordered to be released by the Registrar under subsection (14) or under section 50.2. 2009, c. 5, s. 24.

Duty of officer re impoundment

(5) Every officer who detains a motor vehicle under this section shall, as soon as practicable,

(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered;

(b) serve the driver with a copy of the notice; and

(c) forward a copy of the notice to the Registrar. 2009, c. 5, s. 24.

Service on driver is deemed service on owner and operator

(6) Service of the notice of the impoundment on the driver of the motor vehicle under clause (5) (b) is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator. 2009, c. 5, s. 24.

Notice by Registrar

(7) The Registrar may provide notice of the impoundment to the owner and operator of the motor vehicle by mailing it to them at the latest address for them appearing on the records of the Ministry. 2009, c. 5, s. 24.

No hearing before impoundment

(8) There is no right to be heard before a vehicle detention or impoundment under this section. 2009, c. 5, s. 24.

Surrender of documents, information re trip and goods carried

(9) If the motor vehicle that is to be impounded contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 2009, c. 5, s. 24.

Operator, owner to remove load

(10) Upon being served with notice of the impoundment through service on the driver under subsection (5), the operator of the motor vehicle or, if there is no operator, the owner shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle. 2009, c. 5, s. 24.

Application of Dangerous Goods Transportation Act

(11) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator or, if there is no operator, the owner shall remove them in accordance with that Act. 2009, c. 5, s. 24.

Officer may remove load, trailer at operator’s cost, risk

(12) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator or owner fails to remove a drawn vehicle or load as required by subsection (10) within a reasonable time after being served with notice of the impoundment, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 24.

Same

(13) If a police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods within the meaning of the Dangerous Goods Transportation Act or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 24.

Release of vehicle before end of impound period

(14) The Registrar may, on application by a person belonging to a class of persons prescribed by regulation, order the release of an impounded motor vehicle of a prescribed class prior to the end of the impound period on such conditions as he or she considers just. 2009, c. 5, s. 24.

Consequence of order to release

(15) Where an order to release is made under subsection (14), the impoundment shall not be considered a previous impoundment for the purposes of subsection (3) or subsection 50.2 (4). 2009, c. 5, s. 24.

Personal property in vehicle available to owner

(16) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 2009, c. 5, s. 24.

Vehicle released from impound facility

(17) Upon the expiry of the period of impoundment, the Registrar shall order that the motor vehicle be released to its owner from the impound facility. 2009, c. 5, s. 24.

Release to holder of vehicle portion

(18) Despite subsection (17), the holder of the vehicle portion of a certificate of registration may apply to the Registrar for the motor vehicle to be released to that holder upon the expiry of the period of impoundment, rather than to the holder of the plate portion, and the Registrar may order the motor vehicle released to the applicant on such conditions as he or she considers appropriate. 2009, c. 5, s. 24.

Obligations of holder of vehicle portion

(19) An order under subsection (18) has the effect of making the applicant liable for meeting the owner’s obligations under subsection (22). 2009, c. 5, s. 24.

Costs to be paid before release

(20) Despite subsection (15) and despite being served with an order under subsection (14) or (18), the person who operates the impound facility is not required to release the motor vehicle until the removal and impound costs for the motor vehicle have been paid. 2009, c. 5, s. 24.

Lien on vehicle for removal, impound costs

(21) The costs incurred by the person who operates the impound facility in respect of an impoundment under this section are a lien on the motor vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. 2009, c. 5, s. 24.

Impound costs

(22) The costs incurred by the person who operates the impound facility in respect of an impoundment under this section are a debt due by the owner and the driver of the motor vehicle at the time the vehicle was detained under this section, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction. 2009, c. 5, s. 24.

Defence

(23) It is a defence to an action referred to in subsection (22) that the owner sold or transferred the motor vehicle to another person before the vehicle was detained. 2009, c. 5, s. 24.

Debt due to police, Crown

(24) The costs incurred by a police force or the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (12) or (13) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction. 2009, c. 5, s. 24.

Civil Remedies Act, 2001 prevails

(25) Despite subsections (14), (17) and (18), a vehicle that is subject to an order under Part III.1 of the Civil Remedies Act, 2001 shall not be released from detention or the impound facility except in accordance with the terms of that order, or another order, made under that Act. 2009, c. 5, s. 24.

Impound, removal service providers are independent contractors

(26) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation. 2009, c. 5, s. 24.

Owner may recover losses from driver

(27) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the motor vehicle was detained under this section to recover any costs or other losses incurred by the owner in connection with the impoundment. 2009, c. 5, s. 24.

Holder of vehicle portion may recover costs

(28) The holder of the plate portion of the permit and the driver of the motor vehicle at the time of the impoundment are jointly and severally liable to the holder of the vehicle portion of the permit who obtains an order under subsection (18) for any costs or losses incurred in connection with the impoundment, and the costs and losses may be recovered in any court of competent jurisdiction. 2009, c. 5, s. 24.

Protection from personal liability

(29) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty. 2009, c. 5, s. 24.

Crown not relieved of liability

(30) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (29) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 2009, c. 5, s. 24.

Offence

(31) Every person who fails to comply with subsection (10) or with a requirement of a police officer or officer appointed for carrying out the provisions of this Act under subsection (9) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 2009, c. 5, s. 24.

Same

(32) Every person who drives or operates or removes a motor vehicle that is impounded under this section and every person who causes or permits such a motor vehicle to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 2009, c. 5, s. 24.

Same

(33) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. 2009, c. 5, s. 24.

Same

(34) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 2009, c. 5, s. 24.

Decision without hearing is final

(35) The Registrar shall assess applications made under subsections (14) and (18) without a hearing and the Registrar’s decision is final. 2009, c. 5, s. 24.

Intent of impoundment

(36) The impoundment of a motor vehicle under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 24.

Impoundment concurrent with other administrative impoundments

(37) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 48.4, 55.2, 82.1 or 172. 2009, c. 5, s. 24.

Regulations

(38) The Lieutenant Governor in Council may make regulations,

(a) requiring police officers and officers appointed for carrying out the provisions of this Act to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports;

(b) prescribing the period for the purpose of subsection (3);

(c) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;

(d) prescribing the manner in which notices of impoundments under this section may be given under this section;

(e) prescribing methods for and rules of service for any notices required to be given under this section;

(f) classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this section or any regulation made under this section and prescribing conditions for any such exemptions;

(g) prescribing a period of time during which all persons and motor vehicles are exempt from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made during that period where paragraph 2 or 3 of subsection (3) would otherwise apply;

(h) classifying persons and motor vehicles and exempting any class of person or motor vehicle from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made with respect to that class of person or motor vehicle where paragraph 2 or 3 of subsection (3) would otherwise apply, and prescribing conditions for any such exemption;

(i) prescribing classes of persons and motor vehicles for the purposes of subsection (14) and specifying eligibility criteria;

(j) prescribing fees for the administration of this section;

(k) prescribing the time within which an appeal may be brought under section 50.2 with respect to an impoundment under this section, and governing any other time requirements in the appeal process;

(l) prescribing criteria to be considered, and criteria not to be considered, by the Tribunal in determining in an appeal under section 50.2 whether exceptional hardship will result from an impoundment under this section;

(m) prescribing rules, time periods and procedures with respect to applications under subsection (14). 2009, c. 5, s. 24.

Forms

(39) The Minister may require that forms approved by the Minister be used for any purpose of this section. 2009, c. 5, s. 24.

Definitions

(40) In this section,

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; (“utilisateur”)

“owner” means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and a plate portion and different persons are named on each portion, means,

(a) in subsections (2), (6) and (7), the person whose name appears on the vehicle portion, and

(b) in subsections (2), (3), (4), (6), (7), (10), (11), (12), (13), (17), (19), (22), (23) and (27), the person whose name appears on the plate portion. (“propriétaire”) 2009, c. 5, s. 24.

See: 2009, c. 5, ss. 24, 59 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, Part IV is amended by the Statutes of Ontario, 2009, chapter 5, section 25 by adding the following section:

Short-term vehicle impoundment for driving while suspended

55.2 (1) Where a police officer is satisfied that a person was driving a motor vehicle on a highway while his or her driver’s licence is under suspension other than under section 32, 41, 42, 43, 46 or 47, the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of the owner,

(a) be removed to an impound facility as directed by a police officer; and

(b) be impounded for seven days from the time it was detained. 2009, c. 5, s. 25.

Release of vehicle

(2) Subject to subsection (14), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2009, c. 5, s. 25.

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Early release of vehicle

(3) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded or, subject to subsection (14), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven as described in subsection (1). 2009, c. 5, s. 25.

Duty of officer re impoundment

(4) Every officer who detains a motor vehicle under this section shall, as soon as practicable,

(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered; and

(b) serve the driver with a copy of the notice. 2009, c. 5, s. 25.

Service on driver is deemed service on owner and operator

(5) Service of a copy of a notice under subsection (4) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator. 2009, c. 5, s. 25.

Further notice to owner

(6) In addition to serving the owner of the motor vehicle through service on the driver under subsection (4), a police officer shall provide a copy of the notice prepared under subsection (4) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2009, c. 5, s. 25.

Surrender of documents, information re trip and goods carried

(7) If the motor vehicle that is to be impounded contains goods, the police officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 2009, c. 5, s. 25.

Operator, owner to remove load

(8) Upon being served with notice of the impoundment through service on the driver under subsection (4), the operator of the motor vehicle or, if there is no operator, the owner shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle. 2009, c. 5, s. 25.

Application of Dangerous Goods Transportation Act

(9) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator or, if there is no operator, the owner shall remove them in accordance with that Act. 2009, c. 5, s. 25.

Officer may remove load, trailer at operator’s cost, risk

(10) If, in the opinion of a police officer, the operator or owner fails to remove a drawn vehicle or load as required by subsection (8) within a reasonable time after being served with notice of the impoundment, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 25.

Same

(11) If a police officer is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods within the meaning of the Dangerous Goods Transportation Act or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator or, if there is no operator, the owner. 2009, c. 5, s. 25.

Personal property in vehicle available to owner

(12) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 2009, c. 5, s. 25.

No appeal or right to be heard

(13) There is no appeal from, or right to be heard before, a vehicle detention or impoundment under subsection (1). 2009, c. 5, s. 25.

Impound costs to be paid before release of vehicle

(14) The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2009, c. 5, s. 25.

Lien for impound costs

(15) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2009, c. 5, s. 25.

Impound costs a recoverable debt

(16) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a debt due by the owner and the driver of the motor vehicle at the time the vehicle was detained, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction. 2009, c. 5, s. 25.

Owner may recover losses from driver

(17) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under subsection (1) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2009, c. 5, s. 25.

Debt due to police or Crown

(18) The costs incurred by a police force or the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (10) or (11) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction. 2009, c. 5, s. 25.

Offence

(19) Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2009, c. 5, s. 25.

Intent of impoundment

(20) The impoundment of a motor vehicle under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 25.

Impoundment concurrent with other administrative impoundments

(21) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 48.4, 55.1, 82.1 or 172. 2009, c. 5, s. 25.

Forms

(22) The Minister may require that forms approved by the Minister be used for any purpose of this section. 2009, c. 5, s. 25.

Regulations

(23) The Minister may make regulations,

(a) requiring police officers to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports;

(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemptions;

(c) exempting commercial motor vehicles, or any class or type of commercial motor vehicles, or drivers, owners or operators of commercial motor vehicles or any class of them, from any provision or requirement of this section or of any regulation made under this section, prescribing a different scheme of consequences and requirements from those set out in this section if a police officer is satisfied that a person was driving a commercial motor vehicle, or a specified class or type of commercial motor vehicle, as described in subsection (1), including prescribing different penalties, and prescribing conditions and circumstances for any such exemption or for a different scheme to apply.

(d) designating provisions of legislation enacted by another province, a territory of Canada or a state of the United States of America that are comparable to the provisions under which a person’s driver’s licence is suspended under this Act and for which his or her motor vehicle may be impounded under this section and providing that this section applies to a person whose driver’s licence is suspended under such provisions. 2009, c. 5, s. 25.

Contravention of different scheme

(24) Every person who contravenes or fails to comply with a regulation made under clause (23) (c) that prescribes a different scheme of consequences and requirements from those set out in this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2009, c. 5, s. 25.

Definition

(25) In this section,

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. 2009, c. 5, s. 25.

See: 2009, c. 5, ss. 25, 59 (2).

Demerit point system

56. (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars. 2005, c. 26, Sched. A, s. 5.

Same

(2) The demerit point system may provide for the cancellation and suspension of licences and may require that a driver, in order to show cause why his or her licence should not be cancelled or suspended, attend an interview or group session with an official of the Ministry or provide written information to the Ministry or both attend an interview or group session and provide written information. 2005, c. 26, Sched. A, s. 5.

Format for interviews, group sessions

(3) An interview or group session required under the demerit point system may be held in person or by telephone or other electronic means, as specified by the Ministry. 2005, c. 26, Sched. A, s. 5.

Fees

(4) The Minister may require the payment of fees for the attendance at an interview or group session or for providing written information under the demerit point system. 2005, c. 26, Sched. A, s. 5.

Same

(5) The Minister may set the amount of the fees required under subsection (4) and may set different fees for different classes of persons and for different circumstances. 2005, c. 26, Sched. A, s. 5.

Conduct review programs

57. (1) The Lieutenant Governor in Council may make regulations establishing conduct review programs for persons who are applicants for or holders of a licence, permit or certificate under this Act. 2007, c. 13, s. 16.

Different programs

(2) Different conduct review programs may be established for,

(a) persons whose driver’s licence has been suspended under this Act;

(b) persons involved in more than one motor vehicle accident;

(c) persons convicted of an offence under this Act or the regulations; or

(d) any other prescribed class of persons. 2007, c. 13, s. 16.

Program features

(3) A conduct review program may consist of or include interviews, assessments, remedial programs, courses, individual or group education sessions, examinations, the required installation and use of a device in a motor vehicle, such as an ignition interlock device, and any other feature that, in the opinion of the Lieutenant Governor in Council, may serve to improve road safety, including by improving individuals’ driving skills and by assisting individuals in changing their past conduct. 2007, c. 13, s. 16.

Same

(4) A regulation made under subsection (1) may,

(a) establish criteria and conditions to determine who may be required to participate in a conduct review program;

(b) prescribe classes of persons for the purpose of clause (2) (d);

(c) establish the features of a conduct review program, including features that may only apply to a person based on the results of an interview, assessment or examination;

(d) establish and govern ignition interlock programs, including an ignition interlock program for the purposes of subsection 259 (1.1) of the Criminal Code (Canada) and govern the required installation and use of other devices in a motor vehicle;

(e) prescribe what constitutes the successful completion of a conduct review program or of any feature or stage of a conduct review program;

(f) prescribe the circumstances in which a participant in a conduct review program will be required to leave the program;

(g) govern the requirements, conditions and circumstances for a person who does not successfully complete a conduct review program to participate in a conduct review program again, including prescribing the period of time that a person must wait before recommencing a program, or any feature or stage of it, or before commencing another conduct review program;

(h) provide for and govern the suspension, cancellation or change of class of a licence, permit or certificate in specified circumstances, including for failure to successfully complete a conduct review program or a feature or stage of a conduct review program;

(i) provide for and govern the imposition of a specified condition, restriction or limitation on a licence, permit or certificate in specified circumstances, including for failure to successfully complete a conduct review program or a feature or stage of a conduct review program;

(j) govern the reinstatement of a licence, permit or certificate that is suspended or cancelled under a conduct review program, the reinstatement of a class of licence, permit or certificate that is changed under a conduct review program and the removal of a condition, restriction or limitation that is imposed on a licence, permit or certificate under a conduct review program;

(k) require that participants in a conduct review program prepare or obtain and keep specified records and submit them as specified in the regulation to the Ministry during the program and at its conclusion. 2007, c. 13, s. 16.

Same

(5) A regulation made under this section may provide differently for different classes of persons and in different parts of Ontario. 2007, c. 13, s. 16.

Persons authorized to provide programs

(6) The Minister may authorize or require any person or class of persons to provide or conduct a conduct review program, or any feature or stage of a conduct review program and may require them to prepare, keep and submit to the Ministry records and reports as specified by the Ministry. 2007, c. 13, s. 16.

Records, reports privileged

(7) Records and reports filed with the Ministry for the purposes of this section are privileged for the information of the Ministry only and shall not be open for public inspection. 2007, c. 13, s. 16.

Format for courses, sessions, etc.

(8) Participation in any course, individual or group session or other feature or stage of a conduct review program may be in person or by telephone or other electronic means, as specified by the Ministry. 2007, c. 13, s. 16.

Fees

(9) The Minister,

(a) may require a participant in a conduct review program to pay fees to the Minister or to the person who is providing or conducting a conduct review program or any feature or stage of a conduct review program or to both the Minister and the person; and

(b) may require different fees for different classes of persons and for different circumstances. 2007, c. 13, s. 16.

Same

(10) The Minister may require that any fees be paid, in whole or in part,

(a) prior to participating in a conduct review program;

(b) in instalments based on the completion of different features or stages of a conduct review program;

(c) together with the submission of any required records during or on the completion of a conduct review program; or

(d) in any combination of clauses (a), (b) and (c). 2007, c. 13, s. 16.

Notification

(11) The Registrar may notify a person who meets the prescribed criteria and conditions that he or she is required to participate in a conduct review program, but not every person who meets the prescribed criteria and conditions will be notified by the Registrar, and the decision whether to notify a person or not is in the discretion of the Registrar. 2007, c. 13, s. 16.

Same

(12) The notification shall be delivered personally or mailed to the person at his or her latest address appearing on the records of the Ministry. 2007, c. 13, s. 16.

Required to attend

(13) A person who receives a notification to participate in a conduct review program shall do so as specified by the Ministry, and a person who does not receive a notification to participate in a conduct review program is not permitted to do so. 2007, c. 13, s. 16.

Registrar’s discretion in requiring persons to participate

(14) In exercising his or her discretion under subsection (11), the Registrar shall take into account the interests of road safety, the driving record and past conduct of any person who meets the prescribed criteria and conditions and the capacity of any conduct review program to accommodate all of the persons who meet the prescribed criteria and conditions. 2007, c. 13, s. 16.

Parties to judicial review

(15) The parties to any judicial review brought in respect of this section are the Registrar and the person whose licence, permit or certificate is affected. 2007, c. 13, s. 16.

Protection from personal liability

(16) No action or other proceeding for damages shall be instituted against a person authorized or required by this section to provide or conduct a conduct review program, or any feature or stage of a conduct review program, or to submit a record or report for the purposes of this section, unless the person was negligent in the conduct of the program or feature or stage of the program or in the preparation or submission of the record or report. 2007, c. 13, s. 16.

Same

(17) No action or other proceeding for damages shall be instituted against the Minister, the Registrar or any employee of the Ministry for any action taken or not taken, in respect of a licence, permit or certificate or in respect of a person’s participation in a conduct review program, in good faith in the execution or exercise or intended execution or exercise of a duty or power under this section, including the Registrar’s decision to notify or not notify a person that he or she is required to participate in a conduct review program. 2007, c. 13, s. 16.

Crown not relieved of liability

(18) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (16) and (17) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (16) or (17) to which it would otherwise be subject. 2007, c. 13, s. 16.

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Regulations, novice drivers

57.1 (1) The Lieutenant Governor in Council may make regulations in respect of novice drivers,

(a) defining novice driver and accompanying driver;

(b) prescribing drivers’ licences of different classes and levels for novice drivers;

(b.1) prescribing the qualifications of applicants for and holders of any class or level of driver’s licence for novice drivers;

(c) prescribing the qualifications and requirements, including a maximum blood alcohol concentration level, for accompanying drivers;

(d) requiring novice drivers with drivers’ licences of any class or level to be accompanied, while driving, by an accompanying driver;

(e) respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory, examinations for applicants for drivers’ licences for novice drivers of any class or level;

(f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any level of driver’s licence for novice drivers;

(g) prescribing circumstances under which the driver’s licence of a novice driver shall be cancelled or suspended and the length of the suspension or suspensions;

(h) prescribing circumstances under which a novice driver may be required to attend before an official of the Ministry for an interview and the examination or examinations that may be required;

(i) prescribing circumstances under which a novice driver may be required to produce evidence with regard to successful completion of a Ministry-approved driver education or improvement course;

(j) Repealed: 2005, c. 26, Sched. A, s. 7 (1).

(k) prescribing modifications to the demerit point system prescribed under section 56 in so far as it applies to novice drivers and exempting novice drivers or any class or level of driver’s licence for novice drivers from any of the provisions of the demerit point system;

(l) prescribing conditions and restrictions that shall apply to any class or level of driver’s licence for novice drivers;

(l.1) prescribing circumstances under which the driver’s licence of a novice driver may be changed in respect of its class as a consequence of a conviction for any offence under this Act or for a contravention of any condition on his or her driver’s licence;

(m) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with drivers’ licences of any class or level and governing the conditions of their use and the manner of displaying them;

(n) exempting novice drivers or novice drivers with a driver’s licence of any class or level from any requirement under this Part or any regulation made under this Part and prescribing conditions for the exemption;

(o) Repealed: 2009, c. 5, s. 26 (2).

1993, c. 40, s. 7; 2004, c. 22, s. 2; 2005, c. 26, Sched. A, s. 7 (1); 2009, c. 5, s. 26.

Classes

(2) A regulation under subsection (1) may apply in respect of any class of driver’s licence for novice drivers. 1993, c. 40, s. 7.

Approved courses

(3) The Minister may approve driver education and improvement courses for the purpose of clause (1) (i). 2005, c. 26, Sched. A, s. 7 (2).

Police request for novice driver’s passenger’s identification

57.1.1 (1) A police officer or officer appointed for carrying out the provisions of this Act may request that a passenger in a motor vehicle driven by a novice driver identify himself or herself if the officer suspects that the novice driver is contravening a regulation made under section 57.1 and the passenger of whom the request is made shall give the officer his or her correct name and address. 2004, c. 22, s. 3.

Additional information

(2) The officer may also request additional prescribed information from a passenger of whom he or she requests identification under subsection (1) and the passenger of whom the request is made shall give the officer the requested information. 2004, c. 22, s. 3.

Regulations

(3) The Lieutenant Governor in Council may make regulations prescribing additional information that a police officer or officer appointed for carrying out the provisions of this Act may request and that a passenger is required to give under subsection (2). 2004, c. 22, s. 3.

Offence, novice driver regulations

57.2 (1) Every novice driver who contravenes a condition or restriction prescribed by a regulation made under section 57.1 is guilty of an offence. 1993, c. 40, s. 7.

Defence to accompanying driver charge

(2) It is a defence to a charge under subsection (1) relating to the qualifications or requirements of the accompanying driver if the accused novice driver establishes that he or she took all reasonable measures to comply with the regulations. 1993, c. 40, s. 7.

Driving instructors

58. (1) An individual shall not provide a prescribed class of driving instruction for compensation except under the authority of a driving instructor licence issued under this section that authorizes the individual to provide that class of driving instruction. 2005, c. 26, Sched. A, s. 8.

Issuance of driving instructor licence

(2) The Minister may issue a driving instructor licence to an individual authorizing the individual to provide a prescribed class or classes of driving instruction if the individual applies for the licence and meets the requirements of this section and the regulations made under it. 2005, c. 26, Sched. A, s. 8.

Conditions

(3) The Minister may issue a driving instructor licence subject to such conditions as the Minister considers appropriate. 2005, c. 26, Sched. A, s. 8.

Licensee’s authority and duty

(4) A licensed driving instructor may provide driving instruction for compensation in the prescribed class or classes of driving instruction authorized by his or her licence and shall provide such instruction in accordance with this Act and the regulations made under this section. 2005, c. 26, Sched. A, s. 8.

Licence not transferable

(5) A driving instructor licence is not transferable. 2005, c. 26, Sched. A, s. 8.

Holding out

(6) No person shall hold themself out as being qualified to provide driving instruction for compensation in a prescribed class of driving instruction unless the person is licensed to do so under this section. 2005, c. 26, Sched. A, s. 8.

Fees

(7) It is a condition of a driving instructor licence that the licensee pay all prescribed fees in the manner and at the times prescribed. 2005, c. 26, Sched. A, s. 8.

Co-operation with inspector

(8) It is a condition of a driving instructor licence that the licensee co-operate with an inspector carrying out his or her duties under section 58.2. 2005, c. 26, Sched. A, s. 8.

Regulations

(9) The Minister may make regulations,

(a) prescribing classes of driving instruction for which a driving instructor licence is required in order to provide such instruction for compensation and prescribing classes of driving instructor licences;

(b) prescribing the qualifications and requirements for the issue of driving instructor licences or any class of them;

(c) governing the issuing and renewal of driving instructor licences;

(d) prescribing standards for driving instruction or for any prescribed class of driving instruction;

(e) governing the safety and maintenance of motor vehicles and other equipment used by licensed driving instructors or any class of them;

(f) prescribing qualifications and requirements for holders of driving instructor licences or any class of them;

(g) governing the suspension and revocation of driving instructor licences or any class of them;

(h) governing appeals from a refusal to issue or renew a driving instructor licence or from a suspension or revocation of a driving instructor licence and a right to be heard in respect of a proposal to refuse to issue or renew or to suspend or revoke a driving instructor licence, including prescribing circumstances in which there is no right to an appeal or to be heard;

(i) prescribing books and records to be maintained by licensed driving instructors and requiring and governing the submission of reports and returns to the Ministry by licensees;

(j) prescribing fees to be paid for applications and for the issue and renewal of licences;

(k) establishing a system of fees to be paid by licensees in respect of the driving instruction they provide;

(l) governing the manner and times of payment of any prescribed fees;

(m) exempting driving instructors holding any class of licence from any provision of this section or of a regulation made under this section and prescribing conditions and circumstances for such exemption. 2005, c. 26, Sched. A, s. 8.

Classes

(10) A regulation made under subsection (9) may apply in respect of any class of persons, driving instruction or licences. 2005, c. 26, Sched. A, s. 8.

Conflict between regulations and by-law

(11) Where there is a conflict between a regulation made under subsection (9) and a by-law of a municipal council or police services board regulating or governing driving instructors or driving instruction, the regulation prevails. 2005, c. 26, Sched. A, s. 8.

Definition

(12) In this section,

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly. 2005, c. 26, Sched. A, s. 8.

Interpretation

(13) For the purposes of this section,

(a) a person who provides driving instruction as part of his or her employment or contractual duties is providing driving instruction for compensation;

(b) a person who provides driving instruction as an employee or contractor of a licensed driving school or otherwise under the auspices of a licensed driving school is providing driving instruction for compensation even if the compensation for the driving instruction is paid to the driving school. 2005, c. 26, Sched. A, s. 8.

Driving schools

Definitions

58.1 (1) In this section and in section 58.2,

“driving school” means a business of providing driving instruction; (“auto-école”)

“licensed driving school” means a driving school operated by one or more persons who hold a driving school licence. (“auto-école titulaire de permis”) 2005, c. 26, Sched. A, s. 9.

Licence required

(2) No person shall operate a driving school that offers or provides a Ministry-approved course in a prescribed class of driving instruction except under the authority of a driving school licence issued under this section that authorizes that class of driving instruction. 2005, c. 26, Sched. A, s. 9.

Issuance of driving school licence

(3) The Minister may issue a driving school licence to a person or persons authorizing the person or persons to provide a Ministry-approved course or courses in a prescribed class or classes of driving instruction if the person or persons apply for the licence and meet the requirements of this section and the regulations made under it. 2005, c. 26, Sched. A, s. 9.

Conditions

(4) The Minister may issue a driving school licence subject to such conditions as the Minister considers appropriate. 2005, c. 26, Sched. A, s. 9.

Licensee’s authority and duty

(5) A licensed driving school may offer or provide Ministry-approved courses in the prescribed class or classes of driving instruction authorized by its licence and shall provide such instruction in accordance with this Act and the regulations made under this section. 2005, c. 26, Sched. A, s. 9.

Driver education certificate

(6) No person shall issue a driver education certificate prescribed under a regulation made under this section unless the person is licensed as a driving school under this section and issues the certificate in accordance with the regulations. 2005, c. 26, Sched. A, s. 9.

Licence not transferable

(7) A driving school licence is not transferable. 2005, c. 26, Sched. A, s. 9.

Notice of change

(8) A corporation that holds a driving school licence and persons that hold a driving school licence as a partnership shall, within 15 days of any change in officers, directors or partners, as the case may be, notify the Minister in writing of the change and of any other prescribed information, in accordance with the regulations. 2005, c. 26, Sched. A, s. 9.

Fees

(9) It is a condition of a driving school licence that the licensee pay all prescribed fees in the manner and at the times prescribed. 2005, c. 26, Sched. A, s. 9.

Co-operation with inspector

(10) It is a condition of a driving school licence that the licensee and the officers, directors, employees and contractors of the licensee co-operate with an inspector carrying out his or her duties under section 58.2. 2005, c. 26, Sched. A, s. 9.

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Holding out

(11) No person shall hold themself out as being a licensed driving school or as being qualified to offer or provide a Ministry-approved course in a prescribed class of driving instruction unless the person is licensed to do so under this section. 2005, c. 26, Sched. A, s. 9.

Regulations

(12) The Minister may make regulations,

(a) prescribing classes of driving instruction for which a driving school licence is required in order to provide instruction in Ministry-approved driving courses;

(b) prescribing the qualifications and requirements for the issue of driving school licences or any class of them;

(c) governing the issuing and renewal of driving school licences;

(d) prescribing standards for driving instruction or any class of driving instruction to be met by licensed driving schools or any class of them;

(e) governing the safety and maintenance of the premises, motor vehicles and other equipment used by licensed driving schools or any class of them;

(f) prescribing qualifications and requirements for holders of driving school licences or any class of them;

(g) governing the suspension and revocation of driving school licences or any class of them;

(h) governing appeals from a refusal to issue or renew a driving school licence or from a suspension or revocation of a driving school licence and a right to be heard in respect of a proposal to refuse to issue or renew or to suspend or revoke a driving school licence, including prescribing circumstances in which there is no right to an appeal or to be heard;

(i) prescribing information for the purpose of subsection (8) and governing the notification required under that subsection;

(j) prescribing books and records to be maintained by licensed driving schools and requiring and governing the submission of reports and returns to the Ministry by licensees;

(k) prescribing fees to be paid for applications and for the issue and renewal of licences;

(l) establishing a system of fees to be paid by licensees in respect of the driving instruction they provide;

(m) requiring applicants for a licence to pay a fee determined in accordance with the regulation in respect of the driving education provided, between November 6, 2004 and the date the licence is issued, by the applicant or, if the applicant is two or more persons or a corporation, by one of the persons or shareholders;

(n) governing the manner and times of payment of any prescribed fees;

(o) governing the issuing of driver education certificates by licensed driving schools and governing the provision of driver education certificate forms by the Ministry to licensed driving schools, including prescribing fees to be paid by licensed driving schools for the certificate forms and governing the return of unused certificate forms to the Ministry and the payment of refunds for their return;

(p) exempting any class of persons, driving instruction or driving schools from any provision of this section or of a regulation made under this section and prescribing conditions and circumstances for such exemption. 2005, c. 26, Sched. A, s. 9.

Classes

(13) A regulation made under subsection (12) may apply in respect of any class of persons, driving instruction, driving schools or driving school licences. 2005, c. 26, Sched. A, s. 9.

Conflict between regulations and by-law

(14) Where there is a conflict between a regulation made under subsection (12) and a by-law of a municipal council or police services board regulating or governing driving instructors, driving schools or driving instruction, the regulation prevails. 2005, c. 26, Sched. A, s. 9.

Approved courses

(15) The Minister may approve courses in classes of driving instruction for the purposes of this section. 2005, c. 26, Sched. A, s. 9.

Inspectors

58.2 (1) The Minister may appoint one or more persons as inspectors for the purposes of this section. 2005, c. 26, Sched. A, s. 10.

Certificate of appointment

(2) The Minister shall issue to every inspector appointed under subsection (1) a certificate of appointment and every inspector, in the execution of his or her duties under this section, shall produce his or her certificate of appointment upon request. 2005, c. 26, Sched. A, s. 10.

Powers of inspectors

(3) For the purpose of ensuring compliance with sections 58 and 58.1 and the regulations made under them, an inspector may, without a warrant,

(a) enter any premises of a licensed driving school;

(b) enter any premises where the records of a licensed driving instructor or licensed driving school or the motor vehicles, equipment and other things used by a licensed driving instructor or licensed driving school in providing driver education are kept;

(c) examine a record, motor vehicle, equipment or other thing that is relevant to the inspection;

(d) demand the production for inspection of a motor vehicle, equipment, record or other thing that is relevant to the inspection;

(e) remove for examination or testing a motor vehicle or any equipment or thing that is relevant to the inspection;

(f) remove for review and copying a record or other thing that is relevant to the inspection;

(g) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place;

(h) carry out any examination, test, audit or investigation procedure that is relevant to the inspection; and

(i) question a person on matters relevant to the inspection. 2005, c. 26, Sched. A, s. 10.

Dwellings

(4) The power to enter and inspect a place shall not be exercised to enter and inspect a part of the place that is used as a dwelling without the consent of the occupier. 2005, c. 26, Sched. A, s. 10.

Time of entry

(5) The power to enter and inspect a place shall be exercised during the regular business hours of the place or, if it does not have regular business hours, at any time the place is open for business. 2005, c. 26, Sched. A, s. 10.

Written demand

(6) A demand that a motor vehicle, equipment, record or other thing be produced for inspection must be in writing and must include a statement of the nature of the motor vehicle, equipment, record or thing required. 2005, c. 26, Sched. A, s. 10.

Obligation to produce and assist

(7) If an inspector demands that a motor vehicle, equipment, record or other thing be produced for inspection, the person who has custody of the motor vehicle, equipment, record or thing shall produce it immediately and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2005, c. 26, Sched. A, s. 10.

Things removed

(8) An inspector who removes a motor vehicle, equipment, record or other thing under clause (3) (e) or (f) or to whom a motor vehicle, equipment, record or other thing is delivered pursuant to a demand made under clause (3) (d) shall give a receipt for the motor vehicle, equipment, record or thing and return it to the person who produced or delivered it within a reasonable time. 2005, c. 26, Sched. A, s. 10.

Copy admissible in evidence

(9) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2005, c. 26, Sched. A, s. 10.

Obstruction

(10) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 2005, c. 26, Sched. A, s. 10.

Regulations re costs of inspection

(11) The Minister may make regulations requiring licensees to pay to the Ministry the costs of any inspection conducted under this section. 2005, c. 26, Sched. A, s. 10.

Definition

(12) In this section,

“inspection” includes an examination, test, audit, inquiry and investigation. 2005, c. 26, Sched. A, s. 10.

荣格 · 发表于 2010-11-14 18:34

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PART V
3 e% ^! B1 L$ L/ D$ ^GARAGE AND STORAGE LICENCES

Licence respecting dealing in motor vehicles, etc.

59. (1) No person shall deal in motor vehicles or trailers, operate a used car lot or engage in the business of wrecking or dismantling of vehicles without having been licensed so to do by the Ministry in respect of each separate premises used by the person for the purpose of the business. R.S.O. 1990, c. H.8, s. 59 (1).

Exception

(2) Subsection (1) does not apply to a person who is registered as a motor vehicle dealer in accordance with the Motor Vehicle Dealers Act, 2002. R.S.O. 1990, c. H.8, s. 59 (2); 2002, c. 30, Sched. E, s. 7.

Fee

(3) The fee for the licence shall be such as may be fixed from time to time by the Lieutenant Governor in Council on the recommendation of the Minister. R.S.O. 1990, c. H.8, s. 59 (3).

Penalty

(4) Every person who deals in motor vehicles or trailers or operates a used car lot or engages in the wrecking or dismantling of vehicles in contravention of subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. H.8, s. 59 (4).

Right of entry and inspection

(5) Any police officer or any officer appointed for carrying out the provisions of this Part may enter into any place where motor vehicles, trailers or bicycles are stored or dealt in, or into any garage, repair shop, used car lot or premises used for the wrecking or dismantling of vehicles, and make the investigation and inspection that he or she thinks proper for the purposes of this Part. R.S.O. 1990, c. H.8, s. 59 (5).

Penalty for interference with police officer

(6) Every person who obstructs, molests or interferes with any police officer or officer in the performance of his or her duties under subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 59 (6).

Suspension or cancellation of licence by Minister

(7) The Minister may suspend or cancel the licence issued for dealing in motor vehicles or trailers, operating a used car lot, or for wrecking or dismantling vehicles, for misconduct or for non-compliance with or infraction of this Act or the regulations by the holder of the licence or by any of the licence holder’s employees or for any other reason appearing to him or her to be sufficient. R.S.O. 1990, c. H.8, s. 59 (7).

Regulations

(8) The Lieutenant Governor in Council may make regulations controlling and governing the business of dealing in motor vehicles or trailers, operating a garage, repair shop or used car lot, or the wrecking or dismantling of vehicles. R.S.O. 1990, c. H.8, s. 59 (8).

Definition

(9) In this section,

“motor vehicle” does not include a motor assisted bicycle. R.S.O. 1990, c. H.8, s. 59 (9).

Second-hand vehicles, offences

Record-keeping

60. (1) Every person who buys, sells, wrecks or otherwise deals in second-hand motor vehicles, trailers or bicycles shall keep a complete record of all motor vehicles, trailers and bicycles bought, sold or wrecked and of the information that will enable the motor vehicles, trailers and bicycles to be readily identified, and shall transmit to the Ministry, within six days after the event, on forms furnished by the Ministry, a statement of each motor vehicle or trailer bought, sold or wrecked by the person and the information with reference thereto that may be required by the Ministry. R.S.O. 1990, c. H.8, s. 60 (1).

Prohibition as to buying where number obliterated

(2) No person shall buy, sell, wreck or otherwise deal with any motor vehicle or bicycle or a trailer that has a gross weight exceeding 1,360 kilograms where the manufacturer’s vehicle identification number or similar identifying mark has been obliterated or defaced or is not readily recognizable. R.S.O. 1990, c. H.8, s. 60 (2).

Defacing vehicle identification

(3) No person shall deface or remove the manufacturer’s vehicle identification number or identifying mark from a motor vehicle or from the engine thereof or from a bicycle or from a trailer that has a gross weight exceeding 1,360 kilograms. R.S.O. 1990, c. H.8, s. 60 (3).

Report as to cars stored or parked

(4) If a motor vehicle is placed in the possession of a person who repairs, buys, sells, wrecks or stores motor vehicles or operates a garage business, parking station, parking lot or used car lot and the vehicle remains in the person’s possession for more than two weeks without good reason, the person shall forthwith, upon the expiration of the two-week period, make a report to the nearest police officer in accordance with subsection (6). R.S.O. 1990, c. H.8, s. 60 (4).

Report as to damaged or bullet-marked cars

(5) If a motor vehicle that shows evidence of having been involved in a serious accident or having been struck by a bullet is brought into a garage, parking station, parking lot, used car lot or repair shop, the person in charge of the garage, parking station, parking lot, used car lot or repair shop shall forthwith make a report to the nearest police officer in accordance with subsection (6). R.S.O. 1990, c. H.8, s. 60 (5).

Information to be reported

(6) A person making a report under subsection (4) or (5) shall give a description of the vehicle and, if known, the vehicle identification number, the permit number, and the name and address of the owner or operator. R.S.O. 1990, c. H.8, s. 60 (6).

Offence

(7) Every person who contravenes,

(a) subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $100;

(b) subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $1,000;

(c) subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100;

(d) subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500. R.S.O. 1990, c. H.8, s. 60 (7).

PART VI
+ T, q& T0 A3 ^6 e) b9 zEQUIPMENT

Definitions, Part VI

61. In this Part,

“motor vehicle” does not include a motor assisted bicycle; (“véhicule automobile”)

“vehicle”, in addition to the meaning set out in subsection 1 (1), includes a conversion unit and a trailer converter dolly. (“véhicule”) R.S.O. 1990, c. H.8, s. 61; 2009, c. 5, s. 27.

Lamps

Lamps required on all motor vehicles except motorcycles

62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (1).

Lamps required on motorcycles

(2) Subject to subsection (3), when on a highway at any time every motorcycle shall carry two lighted lamps in a conspicuous position, one on the front of the vehicle which shall display a white light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (2).

Idem

(3) When on a highway at any time every motorcycle with a side car shall carry a lighted lamp in a conspicuous position on each side of the front of the vehicle which lamps shall display a white or amber light only and a lighted lamp on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (3).

Light requirement

(4) Any lamp required under subsection (1), (2) or (3) shall, when lighted, be clearly visible at a distance of at least 150 metres from the front or rear, as the case may be. R.S.O. 1990, c. H.8, s. 62 (4).

Exception

(5) Despite subsections (2) and (3), where a motorcycle that was manufactured prior to the 1st day of January, 1970 is operated on a highway, the lighted lamps required under subsections (2) and (3) shall be required only during the period from one-half hour before sunset to one-half hour after sunrise, or at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less. R.S.O. 1990, c. H.8, s. 62 (5).

Strength of lamps

(6) Lamps on the front of a motor vehicle shall be so constructed, located, arranged and adjusted that when lighted as required by subsections (1), (2) and (3) they produce under normal atmospheric conditions and on a level road a driving light sufficient to render clearly discernible to the operator of the motor vehicle any person or vehicle on the highway within a distance of 110 metres ahead of the motor vehicle. R.S.O. 1990, c. H.8, s. 62 (6).

Attachment that affects lamps prohibited

(7) No person shall drive upon a highway a motor vehicle if either or both of the lamps that are required on the front of the vehicle by subsections (1), (2) and (3),

(a) are coated or covered with a coloured material; or

(b) have been modified by the attachment to the lamps or the motor vehicle of any device that reduces the effective area of the lenses or the intensity of the beam of the lamps. 2002, c. 18, Sched. P, s. 19 (1).

Exception

(7.1) Clause (7) (a) does not apply if the lamps are of the prescribed type or meet the prescribed standards. 2002, c. 18, Sched. P, s. 19 (1).

Lighted streets

(8) Subsection (6) does not apply to a motor vehicle parked on a highway and subsections (1), (2), (3), (10), (11), (13), (23), (24), (26) and (27) do not apply to a vehicle parked on a highway upon which the speed limit is not greater than 50 kilometres per hour and which is so lighted by the means of any system of street or highway lighting that the vehicle is clearly discernible within a distance of sixty metres. R.S.O. 1990, c. H.8, s. 62 (8).

Strength of front lamps

(9) No motor vehicle shall carry on the front thereof more than four lighted lamps that project a beam having an intensity of over 300 candela. R.S.O. 1990, c. H.8, s. 62 (9).

Clearance lamps required on wide vehicles

(10) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less,

(a) every commercial motor vehicle and trailer having a width at any part in excess of 2.05 metres, other than a truck tractor, shall carry, in addition to the lamps required by subsection (1), two lighted clearance lamps, one on each side of the front of the vehicle, which shall display an amber light, and two lighted clearance lamps, one on each side of the rear of the vehicle, which shall display a red light; or

(b) every truck tractor having a width at any part in excess of 2.05 metres shall carry, in addition to the lamps required by subsection (1), two lighted clearance lamps, one on each side of the front of the vehicle, which shall display an amber light, and one lighted clearance lamp on the left side of the rear of the vehicle, which shall display a red light,

and the Ministry may by regulation permit a reflector, approved by the Ministry, to be displayed in lieu of clearance lamps on the rear of the vehicle, and all the lamps shall be affixed so as to indicate the overall width of the vehicle. R.S.O. 1990, c. H.8, s. 62 (10).

Identification lamps

(11) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every commercial motor vehicle or combination of a commercial motor vehicle and a trailer having a length in excess of 9.2 metres or a width in excess of 2.05 metres shall carry three lighted lamps displaying green or amber lights at the front, except in the case of a public vehicle which shall display amber lights at the front, and three lighted lamps displaying red lights at the rear, and the lights of each colour shall be evenly placed not less than 150 millimetres nor more than 310 millimetres apart along a horizontal line as near the top of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer as the permanent structure permits, and shall be visible for distances of 150 metres from the front and rear respectively of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer. R.S.O. 1990, c. H.8, s. 62 (11).

Rear identification lamps on tractor without trailer

(12) Despite subsection (11), a truck tractor driven on a highway without a trailer or semi-trailer is not required to carry the three red lamps displaying red lights to the rear. R.S.O. 1990, c. H.8, s. 62 (12).

Side marker lamps

(13) When on a highway at any time from one-half hour before sunset to one half-hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle or combination of vehicles having a length in excess of 6.1 metres shall carry not fewer than four lighted side marker lamps, one of which shall be located on each side of the vehicle or combination of vehicles near the front and shall display a green or amber light and one of which shall be located on each side of the vehicle or combination of vehicles near the rear and shall display a red light and each of which lights shall be visible for a distance of 150 metres from the side of the vehicle or combination of vehicles upon which it is located; provided that a vehicle or combination of vehicles may carry four reflectors approved by the Ministry instead of the side marker lamps required by this section; and provided further that, if the clearance lamps upon the left side of any vehicle or combination of vehicles display lights visible for a distance of 150 metres from the left side of the vehicle or combination of vehicles, it is not necessary to carry side marker lamps as required by this subsection on the left side of the vehicle. R.S.O. 1990, c. H.8, s. 62 (13).

Intermittent red light restricted

(14) Subject to subsections (14.1) and (15), no person shall use a lamp, other than the vehicular hazard warning signal lamps commonly known as four way flashers, that produces intermittent flashes of red light. R.S.O. 1990, c. H.8, s. 62 (14); 2007, c. 13, s. 17 (1).

Red and blue lights to the front restricted

(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry any lamp that casts red and blue lights to the front. 2007, c. 13, s. 17 (2).

Red light in front

(15) In addition to the lighting requirements in this Part, a vehicle described in subsection (15.1) may carry lamps that cast a red light only or such other colour of light that may, with the approval of the ministry, be designated by a by-law of the municipality in which the vehicle is operated, but no other motor vehicle shall carry any lamp that casts a red light to the front. 1998, c. 35, s. 103.

Same

(15.1) The following are vehicles to which subsection (15) applies:

1. An ambulance, fire department vehicle, police department vehicle, public utility emergency vehicle or school bus.

2. A ministry vehicle operated by an officer appointed for carrying out the provisions of this Act or the Public Vehicles Act, while the officer is in the course of his or her employment.

3. A vehicle while operated by a conservation officer, fishery officer, provincial park officer or mine rescue training officer, while the officer is in the course of his or her employment.

4. A vehicle while operated by a provincial officer designated under the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, while the officer is in the course of his or her employment.

5. A prescribed class or type of vehicle, driven by a prescribed class of persons or engaged in a prescribed activity or in prescribed conditions or circumstances. 1998, c. 35, s. 103; 2002, c. 4, s. 64; 2002, c. 18, Sched. P, s. 19 (2); 2007, c. 13, s. 17 (3, 4); 2009, c. 19, s. 68 (1).

Green flashing light restricted

(16) The following persons may carry on or in his or her vehicle and operate a lamp that produces intermittent flashes of green light:

1. A firefighter, within the meaning of subsection 1 (1) of the Fire Protection and Prevention Act, 1997, while proceeding to a fire or other emergency.

2. A prescribed class of volunteer medical responder, while driving a prescribed class or type of vehicle or engaging in a prescribed activity or in prescribed conditions or circumstances. 2007, c. 13, s. 17 (5).

Same

(16.1) No person other than a person described in subsection (16) shall operate a lamp that produces intermittent flashes of green light. 1994, c. 35, s. 1.

Lights and reflectors on bicycles, etc.

(17) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor-assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector approved by the Ministry on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be place on its rear. 2009, c. 5, s. 28 (1).

Penalty

(18) Every person who contravenes subsection (17) is guilty of an offence and on conviction is liable to a fine of not more than $20. R.S.O. 1990, c. H.8, s. 62 (18).

Rear lamps to illuminate number plate

(19) The lamp on the rear of a motor vehicle or trailer shall be of at least three candela and shall be so placed that it will, at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, illuminate the numbers on the number plate, or, if provision is made on the number plate or on any attachment furnished or required by the Ministry for affixing the lamp, it shall be affixed in the position or space provided, and the lamp shall face to the rear and reflect on the number plate a white light only. R.S.O. 1990, c. H.8, s. 62 (19).

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