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

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Highway Traffic Act

R.S.O. 1990, CHAPTER H.8

Consolidation Period: From August 1, 2010 to October 24, 2010.

This is the most current consolidation of this law available on e-Laws.

Notice of additional information:

The following amendments have been enacted and will be incorporated in a subsequent consolidation:

Open for Business Act, 2010, S.O. 2010, c. 16, Sched. 12, s. 2, enacted October 25, 2010.

See Source Law for text of amendments.

There may be more recent events that are not included in this notice.

Note: December 1, 2010 has been named by proclamation as the day on which the amendments made by 2009, c. 5, ss. 11, 20, 25 come into force.

Note: January 1, 2011 has been named by proclamation as the day on which the amendments made by 2009, c. 5, ss. 23, 33 (1) - (4) and (6) - (11) come into force.

Note: July 1, 2011 has been named by proclamation as the day on which the amendments made by 2009, c. 5, ss. 19, 21, 22, 24 come into force.

Last amendment: 2009, c. 33, Sched. 26, s. 3.

SKIP TABLE OF CONTENTS

CONTENTS

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PART X.1 - U' T  F# X- z" n: F' h8 ^# ^TOLL HIGHWAYS
191.1	Definitions, Part X.1
191.2	Toll device required
191.3	Evasion, etc., of electronic toll system
191.4	Regulations, toll devices
PART X.2 MEDICAL TRANSPORTATION SERVICES
191.5	Definitions, Part X.2
191.6	Medical transportation services
191.7	Regulations, medical transportation services
PART X.3 * u% _5 E9 [: Y( a; Z* G# dOFF-ROAD VEHICLES
191.8	Off-road vehicles on highways regulated by regulations, by-laws
PART XI 5 j' {0 r8 H3 I. ACIVIL PROCEEDINGS
191.9	Definition
192.	Liability for loss or damage
193.	Onus of disproving negligence
PART XII * c% L# J: o/ v  eMUNICIPAL BY-LAWS
195.	Effect of by-laws
PART XIII SUSPENSION FOR FAILURE TO PAY JUDGMENTS OR MEET SUPPORT OBLIGATIONS
196.	Meaning of “motor vehicle”, Part XIII
198.	Licence suspended for failure to pay judgment
198.1	Licence suspension on direction of Director of Family Responsibility Office
198.2	Personal information
198.3	Protection from personal liability
198.4	Direction to suspend permit under Family Responsibility and Support Arrears Enforcement Act, 1996
PART XIII.1 CIVIL REMEDY ON CONVICTION OF CERTAIN OFFENCES
198.5	Suspension on conviction, procuring, etc.
PART XIV % u, `  B4 _2 O7 ?RECORDS AND REPORTING OF ACCIDENTS AND CONVICTIONS
199.	Duty to report accident
199.1	Irreparable vehicles, etc.
200.	Duty of person in charge of vehicle in case of accident
201.	Notification of damage to trees, fences, etc.
202.	Reporting by various officials
203.	Report of medical practitioner
204.	Report of optometrist
205.	Duties of Registrar
205.0.1	Collection and disclosure of information
PART XIV.1 PHOTO-RADAR SYSTEM EVIDENCE
205.1	Photo-radar system evidence
205.2	Application, proceedings commenced by filing certificate of offence
205.3	Provincial Offences Act, Part I
205.4	Evidence of ownership
205.5	Service by mail
205.6	Photographic equivalent
205.7	Failure to respond
205.8	Challenge to operator’s evidence
205.9	Challenge to officer’s evidence
205.10	Certificate evidence
205.11	Failure to appear at trial
205.12	Adjournment
205.13	Reopening
205.14	Regulations, photo-radar system evidence
PART XIV.2 RED LIGHT CAMERA SYSTEM EVIDENCE
205.15	Red light camera system evidence
205.16	Application, proceedings commenced by filing certificate of offence
205.17	Provincial Offences Act, Part I
205.18	Evidence of ownership
205.19	Failure to respond
205.20	Challenge to officer’s evidence
205.21	Certificate evidence
205.22	Failure to appear at trial
205.23	Reopening
205.24	Limitations on penalty
205.25	Regulations, red light camera system evidence
PART XV 8 X  g0 C' J5 C% b6 x& y; s1 _' QPROCEDURE, ARRESTS AND PENALTIES
207.	Vehicle owner may be convicted
208.	Recovery
209.	Right to damages reserved
210.	Notice of conviction to Registrar
211.	Return of suspended licences to Registrar
212.	Police officer may secure possession of suspended licence
213.	When owner may appear before justice of the peace
214.	General penalty
214.1	Community safety zones
216.	Power of police officer to stop vehicle
216.1	Power of officer to examine commercial vehicles
217.	Arrest powers
218.	Cyclist to identify self
219.	Suspension of licence upon conviction
220.	Impounding motor vehicles
221.	Abandoned or unplated vehicles
222.	Impounding of vehicle on appeal
223.	Appointment of officers for carrying out provisions of Act
224.	Service on driver of commercial motor vehicle sufficient
225.	Inspection of records
227.	Where proceeding for offence may be heard, commercial motor vehicles on a journey
PART XVI PILOT PROJECTS
228.	Pilot projects
Schedule	Certificate of justice

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Interpretation, general

Definitions

1.  (1)  In this Act,

“ambulance” includes,

(a) an ambulance as defined in the Ambulance Act,

(b) a cardiac arrest emergency vehicle operated by or under the authority of a hospital, and

(c) an emergency response vehicle, other than an ambulance as defined in the Ambulance Act, operated by an ambulance service that is used to provide emergency response services, and that has been assigned an emergency response vehicle number by the Ministry of Health and Long-Term Care; (“ambulance”)

“bicycle” includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor-assisted bicycle; (“bicyclette”)

“built-up area” means a territory contiguous to a highway not within a local municipality, other than a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, where,

(a) not less than 50 per cent of the frontage upon one side of the highway for a distance of not less than 200 metres is occupied by dwellings, buildings used for business purposes, schools or churches,

(b) not less than 50 per cent of the frontage upon both sides of the highway for a distance of not less than 100 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or

(c) not more than 200 metres of the highway separates any territory described in clause (a) or (b) from any other territory described in clause (a) or (b),

and signs are displayed as required by the regulations; (“agglomération”)

“bus” means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons; (“autobus”)

“chauffeur” means a person who operates a motor vehicle and receives compensation therefor; (“chauffeur”)

“commercial motor vehicle” means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes on the highways; (“véhicule utilitaire”)

“conversion unit” means a mechanical device consisting of a single axle designed to convert a two-axle vehicle into a three-axle vehicle; (“essieu relevable”)

“conviction” includes a disposition made under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada); (“déclaration de culpabilité”)

“crosswalk” means,

(a) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or

(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface; (“passage protégé pour piétons”)

“Deputy Minister” means the Deputy Minister of Transportation; (“sous-ministre”)

“driver” means a person who drives a vehicle on a highway; (“conducteur”)

“driver’s licence” means a licence issued under section 32 to drive a motor vehicle on a highway; (“permis de conduire”)

“farm tractor” means a self-propelled vehicle designed and used primarily as a farm implement for drawing ploughs, mowing-machines and other implements of husbandry and not designed or used for carrying a load; (“tracteur agricole”)

“fire department vehicle” includes an emergency crash extrication vehicle owned and operated by a rescue organization approved by the Minister in writing for the purposes of this Act and a vehicle designated in writing by the Fire Marshal of Ontario as a fire department vehicle; (“véhicule de pompiers”)

“garage” means every place or premises where motor vehicles are received for housing, storage or repairs for compensation; (“garage”)

“gross weight” means the combined weight of vehicle and load; (“poids brut”)

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)

“intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other; (“intersection”)

“King’s Highway” includes the secondary highways and tertiary roads designated under the Public Transportation and Highway Improvement Act; (“route principale”)

“median strip” means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement; (“terre-plein central”)

“Minister” means the Minister of Transportation; (“ministre”)

“Ministry” means the Ministry of Transportation; (“ministère”)

“mobile home” means a vehicle, other than a motor vehicle, that is designed and used as a residence or working accommodation unit and exceeds 2.6 metres in width or eleven metres in length; (“maison mobile”)

“motor assisted bicycle” means a bicycle,

(a) that is fitted with pedals that are operable at all times to propel the bicycle,

(b) that weighs not more than fifty-five kilograms,

(c) that has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel,

(d) that has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres, and

(e) that does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start; (“cyclomoteur”)

“motor vehicle” includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine; (“véhicule automobile”)

“motorcycle” means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle; (“motocyclette”)

“motorized snow vehicle” has the same meaning as in the Motorized Snow Vehicles Act; (“motoneige”)

“official sign” means a sign approved by the Ministry; (“panneau officiel”)

“park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; (“stationnement”)

“peace officer” includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, justice of the peace, jailer or keeper of a prison, and a police officer, bailiff, or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process, or any officer appointed for enforcing or carrying out the provisions of this Act; (“agent de la paix”)

“pedestrian crossover” means any portion of a roadway, designated by by-law of a municipality, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations; (“passage pour piétons”)

“power-assisted bicycle” means a bicycle that,

(a) is a power-assisted bicycle as defined in subsection 2 (1) of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada),

(b) bears a label affixed by the manufacturer in compliance with the definition referred to in clause (a),

(c) has affixed to it pedals that are operable, and

(d) is capable of being propelled solely by muscular power; (“bicyclette assistée”)

“public vehicle” has the same meaning as in the Public Vehicles Act; (“véhicule de transport en commun”)

“Registrar” means the Registrar of Motor Vehicles appointed under this Act; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“road-building machine” means a self-propelled vehicle of a design commonly used in the construction or maintenance of highways, including but not limited to,

(a) asphalt spreaders, concrete paving or finishing machines, motor graders, rollers, tractor-dozers and motor scrapers,

(b) tracked and wheeled tractors of all kinds while equipped with mowers, post-hole diggers, compactors, weed spraying equipment, snow blowers and snow plows, front-end loaders, back-hoes or rock drills, and

(c) power shovels on tracks and drag lines on tracks,

but not including a commercial motor vehicle; (“machine à construire des routes”)

“road service vehicle” means a vehicle while it is being used for highway maintenance purposes by or on behalf of a municipality or other authority with jurisdiction and control of the highway; (“véhicule de la voirie”)

“roadway” means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively; (“chaussée”)

“safety glass” means any product that is composed of glass and so manufactured, fabricated or treated as substantially to prevent the shattering and flying of the glass when struck or broken and that is approved by the Ministry, or such other or similar product that is approved by the Ministry; (“verre de sécurité”)

“self-propelled implement of husbandry” means a self-propelled vehicle manufactured, designed, redesigned, converted or reconstructed for a specific use in farming; (“matériel agricole automoteur”)

“stand” or “standing”, when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; (“immobilisation”)

“state of the United States of America” includes the District of Columbia; (“État des États-Unis d’Amérique”)

“stop” or “stopping”, when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal; (“arrêt”)

“street car” includes a car of an electric or steam railway; (“tramway”)

“through highway” means a highway or part of a highway designated as such by the Minister or by by-law of a municipality, and every such highway shall be marked by a stop sign or yield right of way sign in compliance with the regulations of the Ministry; (“route à priorité”)

“trailer” means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn; (“remorque”)

“trailer converter dolly” means a device consisting of one or more axles, a fifth wheel lower-half and a tow bar; (“avant-train à sellette”)

“Tribunal” means the Licence Appeal Tribunal; (“Tribunal”)

“vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car; (“véhicule”)

“wheelchair” means a chair mounted on wheels driven by muscular or any other kind of power that is designed for and used by a person whose mobility is limited by one or more conditions or functional impairments. (“fauteuil roulant”) R.S.O. 1990, c. H.8, s. 1 (1); 1994, c. 27, s. 138 (1); 1999, c. 12, Sched. G, s. 24 (1, 2); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 9 (1); 2009, c. 5, s. 1 (1-7); 2009, c. 33, Sched. 26, s. 3 (1, 2).

Suspension or cancellation of licence or permit

(2)  Where in this Act the Minister, a provincial judge, a justice of the peace or other official is authorized or directed to suspend or cancel the licence or permit of any person, and the person is the holder of both a licence and a permit issued under this Act, every such authority extends to both licence and permit and every such direction may in the discretion of the Minister, provincial judge, justice of the peace or other official be made to apply to both licence and permit. R.S.O. 1990, c. H.8, s. 1 (2).

Overpass and underpass

(3)  For the purposes of Part IX and any regulations or municipal by-laws made thereunder, every overpass and underpass shall be deemed to form part of the highway that it connects. R.S.O. 1990, c. H.8, s. 1 (3).

References to Criminal Code

(4)  Any reference in this Act to the Criminal Code (Canada) shall be deemed to be a reference to the Criminal Code (Canada) as amended or re-enacted from time to time. R.S.O. 1990, c. H.8, s. 1 (4).

Idem

(5)  Any reference in this Act or the regulations to a conviction or discharge for an offence under the Criminal Code (Canada) includes a conviction or discharge for the corresponding offence under the National Defence Act (Canada). R.S.O. 1990, c. H.8, s. 1 (5).

Pardons

(6)  This Act and the regulations apply to a person who has been granted a pardon under the Criminal Records Act (Canada) in the same manner as if the person had not been granted the pardon. 2001, c. 9, Sched. O, s. 1.

Transition, police villages

(7)  This Act, as it read on December 31, 2002, continues to apply to police villages continued under subsection 456 (1) of the Municipal Act, 2001. 2002, c. 17, Sched. F, Table.

Calculation of days

(8)  Where a suspension or impoundment is imposed under section 41.4, 48, 48.1, 48.2.1, 48.4, 55.2 or 172, the period of the suspension or impoundment shall be determined by counting 24 hours for each day. 2009, c. 5, s. 1 (8).

Definition of resident of Ontario

(9)  The Lieutenant Governor in Council may make regulations prescribing who is a resident of Ontario for any purpose of this Act. 2008, c. 17, s. 28.

Application of Act to places other than highways

1.1  The Lieutenant Governor in Council may make regulations providing that this Act or any provision of this Act or of a regulation applies to a specified place or class of place that is not a highway. 2007, c. 13, s. 2.

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PART I
  g5 e% ?9 @& I0 VADMINISTRATION

Powers and duties of Ministry

2.  Where by this Act powers are conferred or duties are imposed upon the Ministry, the powers may be exercised and the duties discharged by the Minister. R.S.O. 1990, c. H.8, s. 2.

Registrar of Motor Vehicles

3.  (1)  There shall be a Registrar of Motor Vehicles appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. H.8, s. 3 (1).

Duties

(2)  The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to highway traffic within Ontario, and shall perform the duties that are assigned to him or her by this Act, by the Lieutenant Governor in Council, or by the Minister or Deputy Minister. R.S.O. 1990, c. H.8, s. 3 (2).

Delegation of powers, etc., to Deputy Minister and Registrar

(3)  The Minister may authorize the Deputy Minister and the Registrar or either of them to exercise and discharge in his or her place any of the powers conferred or the duties imposed upon him or her under this Act or the regulations and, where both the Deputy Minister and the Registrar are so authorized, either of them may exercise and discharge any of the powers and duties. R.S.O. 1990, c. H.8, s. 3 (3).

Delegation of powers of Registrar

(4)  The Deputy Minister, with the consent of the Minister, may authorize any public servant or servants in the Ministry to exercise any or all of the powers and duties of the Registrar. R.S.O. 1990, c. H.8, s. 3 (4); 1996, c. 20, s. 1.

Deputy Registrar

4.  There shall be a Deputy Registrar appointed by the Lieutenant Governor in Council who shall have all the powers and may perform all the duties of the Registrar. R.S.O. 1990, c. H.8, s. 4.

Forms

4.0.1  The Minister may require that forms approved by the Minister be used for any purpose under this Act. 2008, c. 17, s. 29.

Power to do things electronically

4.1  (1)  Anything that the Minister, the Ministry or the Registrar is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. 2007, c. 13, s. 3.

Same

(2)  Anything that any person is required or authorized to do or to provide to the Minister, the Ministry or the Registrar under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry. 2007, c. 13, s. 3.

Regulations re fees

5.  (1)  The Lieutenant Governor in Council may make regulations,

(a) providing for the payment of fees for the issue, renewal, replacement or transfer of permits, licences and number plates under this Act and prescribing the amount of the fees;

(b) providing for the payment of fees for copies of or access to any writing, paper or document filed in the Ministry pursuant to this Act or any statement containing information from the records of the Ministry and prescribing the amount of the fees;

(c) providing for the payment of fees upon application to the Ministry for any approval required under this Act in respect of any equipment to be used on a vehicle and prescribing the amount of the fees;

(d) providing for and governing the imposition and payment of administrative fees for the reinstatement of suspended licences;

(d.1) providing for exemptions from payment of the administrative fees prescribed under clause (d) and prescribing conditions and circumstances for any such exemption;

(e) providing for the payment of administrative fees for handling dishonoured payments tendered for the issue, renewal, replacement, transfer, validation or reinstatement of permits, licences and number plates;

(f) prescribing a rate of interest for purposes of subsection (2), when interest starts to run and the method of calculating the interest;

(g) prescribing penalties for the purposes of subsections (2) and 5.1 (2) and the method of determining the amount of any penalty;

(h) prescribing fees for anything done or provided by or on behalf of the Minister, the Ministry or the Registrar under this Act;

(i) prescribing consequences in regard to a licence, permit or number plate where a fee or penalty required or imposed under this Act is not paid or its payment is dishonoured. R.S.O. 1990, c. H.8, s. 5 (1); 1994, c. 27, s. 138 (2); 1996, c. 20, s. 2; 2006, c. 33, Sched. M, s. 1 (1); 2007, c. 13, s. 4.

Interest and penalties when payment dishonoured

(2)  Where payment for any fee or tax is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a penalty may be imposed. 1994, c  27, s. 138 (3).

Fees may include cost recovery portion

(3)  A fee prescribed or set under this Act for the issuance or renewal of any permit or licence or for the validation of any permit may include a portion that is for the recovery of costs related to public highway infrastructure. 2006, c. 33, Sched. M, s. 1 (2).

Administrative monetary penalties

5.1  (1)  The Lieutenant Governor in Council may make regulations,

(a) providing for and governing the imposition and payment of administrative monetary penalties payable by persons whose driver’s licence has been suspended, including prescribing different penalties based on the number of times the licence has previously been suspended and on the grounds for suspension;

(b) providing for exemptions from payment of an administrative monetary penalty and prescribing conditions and circumstances for any such exemption. 2007, c. 13, s. 5.

Interest and penalties when payment dishonoured

(2)  Where payment for an administrative monetary penalty is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a further penalty may be imposed. 2007, c. 13, s. 5.

Cancellation of permit, licence where false information is provided

5.2  (1)  If the Minister is satisfied that any information provided by the holder of a vehicle permit or driver’s licence to the Ministry or the Ministry’s delegate is false, the Minister may, without prior notice to the holder, do either or both of the following:

1. Cancel the vehicle permit or driver’s licence.

2. Correct and amend the Ministry’s records. 2008, c. 17, s. 30.

Benefits obtained under false information nullified

(2)  The holder of a vehicle permit or driver’s licence cancelled under subsection (1) is subject to the requirements of this Act without the benefit of anything done under this Act in reliance on the false information. 2008, c. 17, s. 30.

Cancellation of permit, licence where information on permit, licence is incorrect

5.3  (1)  The Minister may cancel a vehicle permit or driver’s licence if the Minister is satisfied that any information appearing on the vehicle permit or driver’s licence is incorrect. 2008, c. 17, s. 30.

Notice to holder

(2)  Before taking any action under subsection (1), the Minister shall mail notice of his or her intention to cancel the vehicle permit or driver’s licence to the holder of the permit or licence at the last known address of the holder on the records of the Ministry, stating that the holder has 60 days from the date of the notice to provide the Minister with the correct information. 2008, c. 17, s. 30.

Holder to provide correct information

(3)  The Minister shall not take the proposed action under subsection (1) if the holder of the vehicle permit or driver’s licence provides the Minister with revised information in the form and manner required by the Minister within 60 days after the date of the notice under subsection (2) and the Minister is satisfied that the revised information is correct. 2008, c. 17, s. 30.

Holder fails to provide correct information

(4)  If the holder fails to provide the correct information as required under subsection (3), the Minister may take the action proposed under subsection (1), but not earlier than 60 days after the date of the notice, and the Minister shall mail notice of the action taken to the holder at the last known address of the holder on the records of the Ministry. 2008, c. 17, s. 30.

Protection from personal liability

5.4  (1)  No action or other proceeding for damages shall be instituted against the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister for anything done in good faith in the execution or intended execution of a power or duty under section 5.2 or 5.3. 2008, c. 17, s. 30.

Crown not relieved of liability

(2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2008, c. 17, s. 30.

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PART II
PERMITS

Interpretation, Part II

6.  (1)  In this Part,

“CAVR cab card” means a permit issued by the Ministry pursuant to the Canadian Agreement on Vehicle Registration; (“certificat d’immatriculation ECIV”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “CAVR cab card” is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 1 (1). See: 1999, c. 12, Sched. R, ss. 1 (1), 21.

“holder”, when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (“titulaire”)

“IRP cab card” means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan; (“certificat d’immatriculation IRP”)

“IRP inspector” means a person appointed as an IRP inspector under subsection 7.3 (1); (“inspecteur de l’IRP”)

“lessee” means a person who has leased a vehicle for a period of not less than one year; (“locataire”)

“number”, when used in relation to a permit or plate, means a number, a series of letters or a combination of letters and numbers, and “numbered”, when so used, has a corresponding meaning; (“numéro”, “numéroté”)

“permit” means a permit issued under subsection 7 (7) consisting, except when the permit is a CAVR cab card or an IRP cab card, of a vehicle portion and a plate portion; (“certificat d’immatriculation”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “permit” is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 1 (4) and the following substituted:

“permit” means a permit issued under subsection 7 (7) consisting, except when the permit is an IRP cab card, of a vehicle portion and a plate portion; (“certificat d’immatriculation”)

See: 1999, c. 12, Sched. R, ss. 1 (4), 21.

“police officer” includes an officer appointed for carrying out the provisions of this Act; (“agent de police”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“validate” means render in force for the prescribed period of time and “validation” and “validated” have corresponding meanings. (“valider”, “validation”, “valide”) R.S.O. 1990, c. H.8, s. 6 (1); 1999, c. 12, Sched. R, s. 1 (2, 3); 2002, c. 22, s. 95.

Person authorized by Minister

(2)  Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act. R.S.O. 1990, c. H.8, s. 6 (2).

Permit requirements

7.  (1)  No person shall drive a motor vehicle on a highway unless,

(a) there exists a currently validated permit for the vehicle;

(b) there are displayed on the vehicle, in the prescribed manner,

(i) number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle, or

(ii) number plates described in subsection (7.2) if the vehicle is an historic vehicle and the Ministry has issued a currently validated permit for it; and

(c) evidence of the current validation of the permit is affixed, in the prescribed manner, to,

(i) one of the number plates mentioned in subclause (b) (i) displayed on the vehicle, or

(ii) to a mini-plate attached to the number plate exposed on the rear of the vehicle, if number plates described in subsection (7.2) are displayed on the vehicle. R.S.O. 1990, c. H.8, s. 7 (1); 2000, c. 29, s. 1 (1).

Historic vehicle

(1.1)  In this section,

“historic vehicle” means a motor vehicle that,

(a) is at least 30 years old, and

(b) is substantially unchanged or unmodified from the original manufacturer’s product. 2000, c. 29, s. 1 (2).

Self-propelled implement of husbandry

(2)  Subsection (1) applies to a self-propelled implement of husbandry that is operated on a highway other than when travelling from farm to farm in relation to the specific use for which it was manufactured, designed, redesigned, converted or reconstructed or in travelling to or from such places as may be necessary for the maintenance or repair of the vehicle. R.S.O. 1990, c. H.8, s. 7 (2).

Exemptions for cls. (1) (b, c)

(3)  Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card or an IRP cab card. 1999, c. 12, Sched. R, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (2) and the following substituted:

Exemptions for cls. (1) (b, c)

(3)  Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is an IRP cab card. 1999, c. 12, Sched. R, s. 2 (2).

See: 1999, c. 12, Sched. R, ss. 2 (2), 21.

Permit for trailer

(4)  No person shall draw a trailer on a highway unless,

(a) there exists a permit for the trailer; and

(b) there is displayed on the trailer, in the prescribed manner, a number plate showing the number of the permit issued for the trailer. R.S.O. 1990, c. H.8, s. 7 (4).

Permit to be carried

(5)  Subject to subsection (6), every driver of a motor vehicle on a highway shall carry,

(a) the permit for it or a true copy thereof; and

(b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof,

and shall surrender the permits or copies for inspection upon the demand of a police officer. R.S.O. 1990, c. H.8, s. 7 (5).

Same

(6)  Where a permit is a CAVR cab card or an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. 1999, c. 12, Sched. R, s. 2 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (4) and the following substituted:

Same

(6)  Where a permit is an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. 1999, c. 12, Sched. R, s. 2 (4).

See: 1999, c. 12, Sched. R, ss. 2 (4), 21.

Issuance of permits and number plates

(7)  The Ministry may issue a permit of any prescribed class, number plates and evidence of validation to any person who meets the requirements of this Act and the regulations. R.S.O. 1990, c. H.8, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 2002, chapter 22, section 96 by adding “and the requirements of the Compulsory Automobile Insurance Act” at the end. See: 2002, c. 22, ss. 96, 102 (2).

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Permit for historic vehicle

(7.1)  If the Ministry issues a permit to an applicant for an historic vehicle and the applicant is in possession of number plates described in subsection (7.2), the number of the permit shall be the same as the number shown on those number plates. 2000, c. 29, s. 1 (2).

Number plates for historic vehicle

(7.2)  Subsection (7.1) applies to number plates that,

(a) are Ontario number plates that were issued during the year of manufacture of the motor vehicle;

(b) are in a condition satisfactory to the Ministry; and

(c) show no numbers that duplicate the number of any other existing permit. 2000, c. 29, s. 1 (2).

Use of plates

(8)  The Ministry may authorize number plates in an applicant’s possession for use on a vehicle. R.S.O. 1990, c. H.8, s. 7 (8).

Refusal to validate

(9)  Validation of a permit may be refused where the permit holder is indebted to the Minister of Finance in respect of a vehicle-related fee or tax or in respect of a penalty imposed under this Act. R.S.O. 1990, c. H.8, s. 7 (9); 1994, c. 27, s. 138 (4); 2006, c. 33, Sched. M, s. 2 (1).

No permit validation when fines unpaid

(10)  Where a permit holder is in default of payment of a fine imposed for a parking infraction or of a fine imposed upon conviction of an offence under subsection 39.1 (2), an order or direction may be made under section 69 of the Provincial Offences Act directing that validation of that person’s permit and issuance of a new permit to that person shall be refused until the fine is paid. 2005, c. 26, Sched. A, s. 1.

No permit issued when fines unpaid

(11)  Where a person who is not a permit holder is in default of payment of a fine imposed for a parking infraction or of a fine imposed upon conviction of an offence under subsection 39.1 (2), an order or direction may be made under section 69 of the Provincial Offences Act directing that the issuance of a permit shall be refused to that person until the fine is paid. 2005, c. 26, Sched. A, s. 1.

No permit when photo-radar fine unpaid

(11.1)  If an owner of a vehicle is in default of payment of a fine imposed for a conviction based on evidence obtained through the use of a photo-radar system, an order or direction may be made under section 69 of the Provincial Offences Act directing that,

(a) if the owner holds a permit, validation of that owner’s permit be refused until the fine is paid; or

(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 1993, c. 31, s. 2 (3).

No permit when red light camera fine unpaid

(11.2)  If an owner of a vehicle is in default of payment of a fine imposed for a conviction based on evidence obtained through the use of a red light camera system, an order or direction may be made under section 69 of the Provincial Offences Act directing that,

(a) if the owner holds a permit, validation of that owner’s permit be refused until the fine is paid; or

(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 1998, c. 38, s. 1 (1).

No permit when owner’s fine for passing school bus unpaid

(11.3)  If an owner of a vehicle is in default of payment of a fine imposed for a conviction of an offence under subsection 175 (19) or (20), an order or direction may be made under section 69 of the Provincial Offences Act directing that,

(a) if the owner holds a permit, validation of that owner’s permit be refused until the fine is paid; or

(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 2004, c. 22, s. 1 (1).

Exception to permit denials

(12)  If a person holds more than one permit and an order or direction in respect of that person is made under section 69 of the Provincial Offences Act pursuant to this section, the order or direction shall not apply so as to prevent validation of any permit in respect of which the numbered plate evidencing current validation of the permit had not been displayed on the vehicle involved in the infraction. 2004, c. 22, s. 1 (2).

Firefighters

(12.1)  On application by a person who meets the requirements of this Act and the regulations and who is a firefighter under the Fire Protection and Prevention Act, 1997, the Ministry or a person authorized by the Ministry may issue to the applicant a sticker, that indicates that the vehicle is registered to or leased by a firefighter, to be attached to the lower left hand corner of the front number plate of any motor vehicle of which the person is the registered owner or lessee. 1993, c. 8, s. 1; 2006, c. 19, Sched. T, s. 4 (1).

(12.2)  Repealed: 2009, c. 5, s. 2.

Same

(12.3)  A person to whom a sticker has been issued under subsection (12.1) shall not display the sticker upon ceasing to be a firefighter under the Fire Protection and Prevention Act, 1997 or upon ceasing to meet the requirements prescribed by the regulations. 1993, c. 8, s. 1; 2006, c. 19, Sched. T, s. 4 (2).

Regulations

(12.4)  The Lieutenant Governor in Council may make regulations respecting the issuance, replacement and cancellation of a sticker referred to in subsection (12.1). 1993, c. 8, s. 1.

Records

(13)  The Ministry shall maintain,

(a) a numerical index record of all permits issued and in force under this section; and

(b) an alphabetical index record of the names and addresses of all persons to whom permits that are in force have been issued. R.S.O. 1990, c. H.8, s. 7 (13).

Effective term of permit

(14)  A permit that is issued or validated is in force during the period of time prescribed by the regulations. R.S.O. 1990, c. H.8, s. 7 (14).

One permit only

(15)  No person shall apply for, secure or retain in the person’s possession more than one permit bearing the same plate number or describing the same vehicle. R.S.O. 1990, c. H.8, s. 7 (15).

Minister may refuse to issue or validate or may cancel permit

(16) The Minister may, in his or her discretion, refuse to issue or validate or may cancel any permit issued for any motor vehicle or trailer that is to be used or is used as a public vehicle within the meaning of the Public Vehicles Act, unless the owner of such motor vehicle or trailer is in possession of an operating licence as required by that Act. 2002, c. 18, Sched. P, s. 1.

(17)  Repealed: 2002, c. 22, s. 97 (1).

(18)-(20)  Repealed: 2002, c. 22, s. 97 (2).

Retaining portion of fee

(21)  Despite section 2 of the Financial Administration Act, any person who issues permits or provides any other service in relation to permits on behalf of the Minister, pursuant to an agreement with the Minister, may retain, from the fee paid, the amount that is approved by the Minister from time to time. R.S.O. 1990, c. H.8, s. 7 (21).

Permit documentation

(22)  Before the issuance or validation of a permit under this section, the Minister may require production of the documentation that the Minister considers necessary to enable him or her to determine whether a permit may be issued or validated and that documentation may be different for different vehicles or classes of vehicles or in respect of the same vehicles or classes of vehicles used for different purposes. R.S.O. 1990, c. H.8, s. 7 (22).

Administration of declarations and affidavits

(23)  Declarations or affidavits in connection with the issuance of permits and licences under this Act or required by the Ministry in that regard may be taken before any person having authority to administer oaths or before any person specially authorized for that purpose by the Lieutenant Governor in Council, but any person so specially authorized shall not charge any fee therefor. R.S.O. 1990, c. H.8, s. 7 (23).

Regulations re permits and number plates

(24)  The Lieutenant Governor in Council may make regulations respecting any matter ancillary to the provisions of this Part with respect to permits and number plates and in particular,

(a) prescribing forms for the purposes of this section and requiring their use;

(b) respecting the issuance and validation of permits and the issuance of number plates;

(c) prescribing the period of time or the method of determining the period of time during which permits shall be in force that are issued or validated for motor vehicles or trailers or any class or type of either of them;

(d) prescribing fees for the issuance, validation and replacement of permits and number plates and of evidence of validation of permits;

(e) governing the manner of displaying number plates on motor vehicles and trailers or any class or type of either of them;

(f) governing the method of validating permits and the form of and manner of affixing, displaying or showing evidence of the validation of permits on motor vehicles;

(g) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers owned by or in the possession of,

(i) vehicle manufacturers, or

(ii) vehicle dealers,

where the vehicles are kept for sale only and prescribing conditions under which the vehicles may be operated on the highway;

(h) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers owned by or in the possession of persons in the business of repairing, road testing, customizing, modifying or transporting vehicles where the vehicles are not kept for private use or for hire and prescribing conditions under which the vehicles may be operated on the highway;

(i) prescribing when a permit becomes valid;

(j) classifying persons and vehicles and exempting any class of person or any class of vehicle from any requirement in this Part or any regulation made under this Part and prescribing conditions for any such exemptions;

(k) requiring the surrender of number plates;

(l) classifying permits, providing for the issuing or validating of any class of permit and the requirements therefor and for the issuing of number plates and evidence of validation and the requirements therefor;

(m) prescribing requirements for the purposes of subsections 11 (3) and (4);

(n) prescribing conditions precedent or subsequent for the issuing or validating of any class of permit or number plate or the issuing of any evidence of validation;

(o) prescribing the criteria for the issuance, retention and return of a number plate bearing a requested number. R.S.O. 1990, c. H.8, s. 7 (24); 1994, c. 27, s. 138 (5); 2006, c. 33, Sched. M, s. 2 (2).

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 2 by adding the following section:

Dishonoured payments

7.0.1  (1)  The Minister may refuse to issue, renew, replace, reinstate, transfer or validate a permit, or the vehicle or plate portion of a permit, 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 permit or of the vehicle or plate portion of the permit;

(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. 2.

Cancellation of permit

(2)  The Minister may cancel a permit, or the vehicle or plate portion of a permit, 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. 2.

Notice

(3)  The Minister shall give the holder of the permit, or of the vehicle or plate portion of the permit, 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. 2.

Minister may require return of permit

(4)  If required by the Minister, the holder of a permit or portion of a permit cancelled under this section shall return the permit or portion of the permit to the Minister. 2002, c. 18, Sched. P, s. 2.

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. 2.

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Reinstatement

(6)  Subject to any other requirements for reinstatement, the Minister shall reinstate the permit, or the vehicle or plate portion of the permit, 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. 2.

Not entitled to driver’s licence

(7)  A person is not entitled to be issued a driver’s licence or to have his or her driver’s licence renewed or reinstated while his or her permit, or the vehicle or plate portion of his or her permit, is cancelled under this section. 2002, c. 18, Sched. P, s. 2.

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. 2.

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. 2.

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. 2.

See: 2002, c. 18, Sched. P, ss. 2, 46 (1).

International Registration Plan

7.1  (1)  The Minister may apply to have Ontario made a member of the reciprocal agreement known as the International Registration Plan. 1999, c. 12, Sched. R, s. 3.

Effect of membership in Plan

(2)  If Ontario is a member of the Plan, the provisions of this Part and the regulations made under this Part are subject to the provisions of the Plan with respect to,

(a) the issuance of permits for commercial motor vehicles engaged in interprovincial or international travel; and

(b) the registration and licence fees for such vehicles, which shall be apportioned, as provided in the Plan, on the basis of the distance travelled by the vehicles within each jurisdiction that is a member of the Plan. 1999, c. 12, Sched. R, s. 3.

Exemptions

(3)  If Ontario is a member of the Plan, persons who reside in or are based in another jurisdiction that is a member of the Plan are exempt, if so provided in the Plan, from the requirements of this Part and from the fees prescribed under this Part with respect to commercial motor vehicles owned or leased by such persons. 1999, c. 12, Sched. R, s. 3.

Same

(4)  A person is not entitled to an exemption under subsection (3) unless the person is in compliance with the motor vehicle laws of the jurisdiction where the commercial motor vehicle owned or leased by the person is registered. 1999, c. 12, Sched. R, s. 3.

Interpretation

(5)  For the purpose of subsection (3), where a person resides or is based shall be determined in accordance with the terms of the Plan. 1999, c. 12, Sched. R, s. 3.

Record-keeping by IRP permit holders

7.2  (1)  Every holder of an IRP cab card issued under subsection 7 (7) shall maintain and preserve the prescribed records for five years after the registration year for which the IRP cab card was issued. 2002, c. 22, s. 98; 2004, c. 31, Sched. 18, s. 1.

Offence

(2)  Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000. 2002, c. 22, s. 98.

Examination and inspection

7.3  (1)  The Minister may appoint one or more employees of the Government of Ontario as IRP inspectors. 2002, c. 22, s. 98.

Identification

(2)  An IRP inspector conducting an examination and inspection shall produce, on request, evidence of his or her appointment. 2002, c. 22, s. 98.

Powers

(3)  For any purpose related to the administration or enforcement of the International Registration Plan, an IRP inspector may, at any reasonable time, enter any place where activities related to an IRP cab card holder’s operation of commercial motor vehicles are carried on or where anything is kept or done in connection with such operation or any records are kept under this Part. 2002, c. 22, s. 98.

Same

(4)  An IRP inspector may conduct an examination and inspection at the place entered under subsection (3) and for such purpose may,

(a) examine and inspect a record or other thing that may be relevant to the examination and inspection;

(b) require the production of a record or other thing that the IRP inspector thinks may be relevant to the examination and inspection;

(c) remove for examination, inspection or copying any record or other thing that the IRP inspector thinks may be relevant to the examination and inspection;

(d) 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 and require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, to give the IRP inspector all reasonable assistance in using them;

(e) require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, to give the IRP inspector all reasonable assistance in the examination and inspection;

(f) question any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, on matters that the IRP inspector thinks may be relevant to the examination and inspection and require answers to be made orally or in writing;

(g) require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder or any driver engaged by the holder, to attend at the place with the IRP inspector for the purpose of clause (d), (e) or (f). 2002, c. 22, s. 98.

Written demand for records

(5)  An IRP inspector may at any time, for any purpose related to the administration or enforcement of the International Registration Plan, deliver a demand personally on an IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder or any driver engaged by the holder, or mail a demand to such person at the latest address of the person appearing on the records of the Ministry, requiring that the person deliver to the IRP inspector, within the time specified in the demand, any record or other thing the production of which could be required under clause (4) (b). 2002, c. 22, s. 98; 2009, c. 5, s. 3 (1).

Same

(6)  A demand sent by mail shall be deemed to have been received on the fifth day after it was mailed, unless the person to whom the demand was mailed establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the demand. 2002, c. 22, s. 98; 2009, c. 5, s. 3 (2).

Obligation to produce and assist

(7)  If an IRP inspector requires that a record or other thing be produced under clause (4) (b) or delivered to him or her under subsection (5), the person upon whom the demand is made shall produce or deliver it 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. 2002, c. 22, s. 98.

Records and things removed

(8)  An IRP inspector who removes a record or other thing under clause (4) (c) or to whom a record or other thing is delivered pursuant to a demand made under subsection (5) shall give a receipt for the record or thing and return the record or thing to the person who produced or delivered it within a reasonable time. 2002, c. 22, s. 98; 2009, c. 5, s. 3 (3).

Powers to assist other IRP jurisdictions

(9)  An IRP inspector, accompanied by an official from another jurisdiction that is a member of the International Registration Plan, may exercise his or her powers under this section for any purpose related to the administration or enforcement of the International Registration Plan by the other jurisdiction and subsections (2) and (3), clause (12) (c) and subsection (13) apply, with necessary modifications, to and in respect of an official from another jurisdiction accompanying an IRP inspector who is conducting an examination and inspection under this section. 2002, c. 22, s. 98.

Copies admissible in evidence

(10)  A copy of a record that purports to be certified to be a true copy by the IRP inspector or other employee of the Government of Ontario who made the copy is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original record and its contents. 2002, c. 22, s. 98.

Same

(11)  A copy made from an electronic record that purports to be certified by the IRP inspector or other employee of the Government of Ontario who made the copy to be a paper copy of the electronic record and to be a true and accurate representation of the electronic record or the information contained in the electronic record, is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original record and its contents. 2002, c. 22, s. 98.

Offence

(12)  No person shall,

(a) fail to comply with a direction or requirement of an IRP inspector conducting an examination and inspection;

(b) give an IRP inspector conducting an examination and inspection information that the person knows to be false, deceptive or misleading; or

(c) obstruct or interfere with an IRP inspector in the performance of his or her duties under this section. 2002, c. 22, s. 98.

Penalty

(13)  A person who contravenes subsection (12) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 2002, c. 22, s. 98.

Sharing examination, inspection findings with other IRP jurisdictions

7.4  The Minister shall, in accordance with the terms of the International Registration Plan, provide the findings from every examination and inspection conducted under section 7.3,

(a) to such other member jurisdictions of the Plan, or their delegates, that have an interest in the findings; and

(b) to the governing body of the Plan or its delegate. 2002, c. 22, s. 98.

IRP inspector’s costs

7.5  Where an IRP inspector travels outside of Ontario to conduct an examination and inspection under section 7.3 respecting a holder of an IRP cab card issued under subsection 7 (7), the holder shall pay to the Minister the IRP inspector’s travel expenses and a daily fee for the IRP inspector’s work. 2002, c. 22, s. 98.

Assessment and reassessment of fees, etc.

7.6  (1)  The Minister may assess or reassess the amount of fees owed by a holder of an IRP cab card issued under subsection 7 (7) pursuant to the International Registration Plan to the Minister and to every other member jurisdiction of the Plan and the amount of taxes owed by a holder of an IRP cab card issued under subsection 7 (7) to every other member jurisdiction of the Plan that Ontario is required to collect pursuant to the Plan at any time or times within three years after the registration year for which the fees and taxes were owed. 2002, c. 22, s. 98.

Same

(2)  Despite subsection (1), where the Minister establishes that the holder has made any misrepresentation that is attributable to neglect, carelessness or wilful default, or has committed any fraud, in supplying any information under this Part in respect of the Plan or in omitting to disclose any information, then the Minister may assess or reassess the fees and taxes described in subsection (1) at any time the Minister considers reasonable. 2002, c. 22, s. 98.

Same

(3)  The Minister may, under subsection (1) or (2), assess or reassess the amount of fees and taxes using whatever method the Minister considers appropriate where, as a result of an examination and inspection under section 7.3, the IRP inspector determines that,

(a) the information filed by the holder with the Ministry is not substantiated by the records examined and inspected;

(b) the holder failed to maintain and preserve the records required by section 7.2; or

(c) a record or other thing was not produced or delivered or information disclosed as required by section 7.3. 2002, c. 22, s. 98.

Same

(4)  The assessment or reassessment shall be based on all relevant information available to the Minister, including information about comparable permit holders. 2002, c. 22, s. 98.

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Penalty

(5)  Where the Minister assesses or reassesses an IRP cab card holder, he or she may assess a penalty equal to 10 per cent of the assessment or reassessment. 2002, c. 22, s. 98.

Refund to holder

(6)  Where, as a result of an examination and inspection under section 7.3, it is determined that an IRP cab card holder paid fees or taxes in excess of what the holder owed pursuant to the International Registration Plan, the Minister shall assess or reassess the amount of the fees and taxes owed accordingly and the Minister may refund the excess to the holder. 2002, c. 22, s. 98.

Notice

(7)  The Minister shall deliver a notice of assessment or reassessment personally on the IRP cab card holder or shall mail it to the holder at the latest address for the holder appearing on the records of the Ministry. 2002, c. 22, s. 98.

Same

(8)  A notice of assessment or reassessment sent by mail shall be deemed to have been received on the fifth day after it was mailed unless the holder establishes that the holder did not, acting in good faith, through absence, accident, illness or other cause beyond the holder’s control, receive it. 2002, c. 22, s. 98.

Payment

(9)  Every person assessed or reassessed under this section shall pay to the Minister the amount assessed or reassessed within 30 days after receiving the notice of assessment or reassessment, whether or not an objection to the assessment or reassessment is outstanding. 2002, c. 22, s. 98.

Included in assessment, reassessment

(10)  For the purposes of this section, an assessment or reassessment of fees and taxes includes travel costs and fees owed under section 7.5, penalties assessed under this section and interest owed under section 7.7. 2002, c. 22, s. 98.

Interest

Application

7.7  (1)  This section applies with respect to registration years that end on or after December 9, 2002. 2004, c. 31, Sched. 18, s. 2.

Interest payable on unpaid fees and penalties

(2)  Interest is payable to the Minister on the amount of any unpaid fees and penalties owed to the Minister and on the amount of any unpaid fees and taxes owed to another member of the International Registration Plan and collected by Ontario pursuant to the Plan. 2004, c. 31, Sched. 18, s. 2.

Same

(3)  Interest is payable for the period commencing on the day after the last day of the registration year for which the unpaid amount is owed until the date on which the unpaid amount, including interest, is paid. 2004, c. 31, Sched. 18, s. 2.

Interest rate

(4)  Interest is to be calculated at the rate or rates determined in accordance with the regulations. 2004, c. 31, Sched. 18, s. 2.

Waiver of interest

(5)  Despite subsection (2), the Minister may exempt a person from payment of part or all of the interest owing in respect of a registration year if the Minister is of the opinion that owing to special circumstances it is inequitable to charge and collect the whole amount of the interest. 2004, c. 31, Sched. 18, s. 2.

Decision final

(6)  The Minister’s decision under subsection (5) about whether to exempt a person from the payment of interest and the amount of the exemption, if any, is final and not subject to review. 2004, c. 31, Sched. 18, s. 2.

Transition

(7)  Interest in respect of a period before the date on which the Budget Measures Act (Fall), 2004 receives Royal Assent is to be determined in accordance with this section as it reads on and after that date, and not in accordance with this section as it read before that date. 2004, c. 31, Sched. 18, s. 2.

Objections

7.8  (1)  An IRP cab card holder who objects to an assessment, reassessment or penalty may, within 30 days after receiving the notice of assessment or reassessment, serve on the Minister a written objection in the form approved by the Minister. 2002, c. 22, s. 98.

Decision

(2)  The Minister shall consider the written submissions and shall confirm, vary or set aside the assessment, reassessment or penalty objected to. 2002, c. 22, s. 98.

Extension of time

(3)  The Minister may extend the time for objecting if the person seeking to object proves to the satisfaction of the Minister that the objection could not have been served on time. 2002, c. 22, s. 98.

Appeal or review from Minister’s decision

7.9  (1)  No further appeal or other review shall be available from a decision under subsection 7.8 (2) except as provided in the International Registration Plan. 2002, c. 22, s. 98.

Appeal or review under IRP binding

(2)  Where an appeal or review is provided for and conducted under the terms of the International Registration Plan, the Minister and the IRP cab card holder who was a party to the appeal or review are bound by the decision made on that appeal or review. 2002, c. 22, s. 98.

False statements on IRP documents

7.10  (1)  Every person is guilty of an offence who has made, or participated in, assented to or acquiesced in the making of, false or deceptive statements in an application or other documentation filed with the Ministry with respect to an IRP cab card. 2002, c. 22, s. 98.

Penalty

(2)  A person convicted of an offence under subsection (1) is liable to one or both of the following penalties in addition to any assessment, penalty or interest under section 7.6 or 7.7:

1. A fine that is,

i. not less than $1,000 or 50 per cent of the amount of the fees and taxes that was evaded, whichever is greater, and

ii. not more than double the amount of the fees and taxes that was evaded, if the maximum so calculated is greater than the amount determined under subparagraph i.

2. Imprisonment for a term of not more than six months. 2002, c. 22, s. 98.

Permit refusal or cancellation

7.11  (1)  The Minister may, in his or her discretion, cancel or refuse to issue an IRP cab card where the owner or lessee of the vehicle for which an IRP cab card has been issued under subsection 7 (7) or applied for,

(a) has been convicted of an offence under section 7.2, 7.3 or 7.10;

(b) has not paid all of the amounts owed by the person under this Part with respect to the IRP cab card; or

(c) has not paid all of the amounts owed by the person under section 3 of the Retail Sales Tax Act. 2002, c. 22, s. 98.

Same

(2)  The Minister may, in his or her discretion, cancel or refuse to issue an IRP cab card where the owner or lessee of the vehicle for which an IRP cab card has been issued under subsection 7 (7) or applied for is related to,

(a) a person who has been convicted of an offence under section 7.2, 7.3 or 7.10;

(b) a person who has not paid all of the amounts owed by the person under this Part with respect to the IRP cab card; or

(c) a person who has not paid all of the amounts owed by the person under section 3 of the Retail Sales Tax Act. 2002, c. 22, s. 98.

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Interpretation

(3)  An owner or lessee of a vehicle is related to a person for the purpose of subsection (2) if,

(a) the owner or lessee and the person are related individuals;

(b) either the owner or lessee or the person is a partner of the other or was a partner of the other or they have or have had partners in common;

(c) either the owner or lessee or the person, directly or indirectly, controls or controlled or manages or managed the other; or

(d) the owner or lessee and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders. 2002, c. 22, s. 98.

Modification of permit

(4)  The Minister may, at the request of another member jurisdiction of the International Registration Plan and in accordance with the terms of the Plan, remove that jurisdiction from an IRP cab card issued under subsection 7 (7). 2002, c. 22, s. 98.

Notice

(5)  The Minister shall give notice of the cancellation or modification of or refusal to issue an IRP cab card by delivering the notice personally on the IRP cab card holder or applicant or by mailing the notice to the person at the latest address of the person appearing on the records of the Ministry. 2002, c. 22, s. 98.

Same

(6)  Notice sent by mail shall be deemed to have been received on the fifth day after it was mailed unless the person to whom the notice was mailed 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. 2002, c. 22, s. 98.

Objection

(7)  A person who has received notice that the Minister has cancelled an IRP cab card or refused to issue an IRP cab card may, within 30 days after receiving the notice, serve on the Minister a written objection in the form approved by the Minister. 2002, c. 22, s. 98.

Decision

(8)  The Minister shall consider the written submissions and shall confirm, vary or set aside the decision objected to. 2002, c. 22, s. 98.

Decision final

(9)  The Minister’s decision under subsection (8) is final and no further appeal or other review shall be available from it. 2002, c. 22, s. 98.

Extension of time

(10)  The Minister may extend the time for objecting if the person seeking to object proves to the satisfaction of the Minister that the objection could not have been served on time. 2002, c. 22, s. 98.

Collection and disclosure of information

7.12  (1)  The Minister may, for any purpose related to the administration or enforcement of the International Registration Plan, collect information, directly or indirectly, and retain and use such information, including,

(a) information collected and disclosed to the Minister by another minister, another member jurisdiction of the Plan or its delegate or the governing body of the Plan or its delegate; and

(b) information about the employees and agents of an IRP cab card holder or an applicant for an IRP cab card. 2002, c. 22, s. 98.

Same

(2)  Every other minister of the Crown shall disclose to the Minister information collected by the other minister that may assist the Minister in carrying out his or her duties in the administration or enforcement of the International Registration Plan. 2002, c. 22, s. 98.

Assignment to another minister

7.13  If any power or duty of the Minister under this Part, as it relates to the International Registration Plan or an IRP cab card holder, is assigned to another minister of the Crown under the Executive Council Act, section 7.12 both applies to the other minister of the Crown as if he or she were the Minister and continues to apply to the Minister. 2002, c. 22, s. 98.

Disclosure to Minister of Finance re taxing statutes

7.14  The Minister shall disclose any information collected by the Minister with respect to the International Registration Plan or an IRP cab card holder to the Minister of Finance, or to any employee of the Ministry of Finance, that may assist the Minister of Finance or the employee in carrying out his or her duties in the administration or enforcement of the Fuel Tax Act, Gasoline Tax Act or Retail Sales Tax Act. 2002, c. 22, s. 98.

Regulations

7.15  (1)  The Lieutenant Governor in Council may make regulations,

(a) prescribing information to be included in an application for an IRP cab card;

(b) prescribing the records to be maintained and preserved under section 7.2;

(c) prescribing information and reports to be filed with the Ministry with respect to an IRP cab card;

(d) governing the calculation of interest for the purposes of section 7.7;

(e) prescribing the manner of serving objections under subsections 7.8 (1) and 7.11 (7). 2002, c. 22, s. 98; 2004, c. 31, Sched. 18, s. 3 (1).

Same

(2)  A regulation may establish classes of IRP cab card holders and may contain different provisions and requirements for different classes. 2002, c. 22, s. 98.

Retroactive

(3)  A regulation made under clause (1) (d) is, if it so provides, effective with reference to a period before it was filed but not earlier than December 9, 2002. 2004, c. 31, Sched. 18, s. 3 (2).

Fees

7.16  The Minister may set a daily fee for work by IRP inspectors outside of Ontario for the purpose of section 7.5. 2002, c. 22, s. 98.

7.17  Repealed: 2008, c. 17, s. 31.

Permit limitations

8.  (1)  Where the fee prescribed by the regulations for a permit or validated permit for a motor vehicle is calculated with regard to specific limitations or restrictions on the use of a vehicle, the owner of the vehicle shall not drive or cause or permit the vehicle to be driven on a highway except in accordance with the limitations or restrictions. R.S.O. 1990, c. H.8, s. 8 (1).

Penalty

(2)  Every person who contravenes subsection (1) 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. 8 (2).

False statement, change of name or address, obliterated vehicle no., etc.

Penalty for false statement, inaccurate information

9.  (1)  Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person’s driver’s licence or vehicle permit may be suspended for a period of not more than six months. 2008, c. 17, s. 32 (1).

Defence

(1.1)  A person is not guilty of an offence under subsection (1) if the person exercised all reasonable care to avoid making a false statement or including inaccurate information. 2005, c. 26, Sched. A, s. 2.

Change of name or address

(2)  Where an owner of a motor vehicle or a plate holder changes the name or address of the owner as set out in the owner’s application for a permit or validation of a permit or in a previous notice filed under this subsection, the owner shall within six days file with the Ministry notice of the new name or address. R.S.O. 1990, c. H.8, s. 9 (2).

Idem

(3)  Where the name or address of a lessee is on a permit and the lessee changes the name or address of the lessee from the name or address shown on the permit or from that filed under this subsection, the lessee shall within six days file with the Ministry notice of the new name or address. R.S.O. 1990, c. H.8, s. 9 (3).

Filing

(4)  A notice may be filed under subsection (2) or (3) by forwarding it to the Ministry by registered mail. R.S.O. 1990, c. H.8, s. 9 (4).

Where vehicle identification number obliterated

(5)  No permit shall be issued for a motor vehicle 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 until the owner has filed with the Ministry satisfactory proof of the ownership of the vehicle or trailer, and, if known, the reason for the obliteration or defacement, and, if satisfied as to the statements made, the Minister may grant permission to cut, impress, emboss or attach permanently to the vehicle or trailer a special identification number or mark, which thereafter shall be deemed sufficient for the purpose of the issuance, validation or transfer of a permit for the vehicle or trailer. R.S.O. 1990, c. H.8, s. 9 (5).

Limitation

(6)  No proceeding for an offence under subsection (1) shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred. 2008, c. 17, s. 32 (2).

Manufacturer’s vehicle identification number to be affixed

10.  (1)  No owner of a motor vehicle shall drive or permit his, her or its motor vehicle to be driven on a highway unless the motor vehicle has the manufacturer’s vehicle identification number permanently affixed. R.S.O. 1990, c. H.8, s. 10 (1).

Idem

(2)  No owner of,

(a) a trailer that has a manufacturer’s gross vehicle weight rating exceeding 1,360 kilograms;

(b) a conversion unit; or

(c) a trailer converter dolly,

shall draw or permit the trailer, conversion unit or trailer converter dolly to be drawn on a highway unless the trailer, conversion unit or trailer converter dolly, as the case may be, has an identification number permanently affixed. R.S.O. 1990, c. H.8, s. 10 (2); 2009, c. 5, s. 4.

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Where transfer of ownership or end of lease

11.  (1)  Upon the holder of a permit ceasing to be the owner or lessee of the motor vehicle or trailer referred to in the permit, he, she or it shall,

(a) remove his, her or its number plates from the vehicle;

(b) retain the plate portion of the permit; and

(c) on delivery of the vehicle,

(i) to the new owner, complete and sign the transfer application of the vehicle portion of the permit including the date of the delivery and give that portion of the permit to the new owner, or

(ii) to a lessor, give the vehicle portion of the permit to the lessor. R.S.O. 1990, c. H.8, s. 11 (1).

Re-issue of permit

(2)  Every person shall, within six days after becoming the owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided therefor, for a new permit for the vehicle. R.S.O. 1990, c. H.8, s. 11 (2).

Temporary use of plates

(3)  Despite section 12, a person to whom number plates have been issued under subsection 7 (7) for a vehicle the person no longer owns or leases may affix the number plates to a similar class of vehicle that the person owns or leases where it is done in accordance with the prescribed requirements. R.S.O. 1990, c. H.8, s. 11 (3).

Idem

(4)  Despite section 7 and clauses 12 (1) (d) and (e), a person may drive a motor vehicle or draw a trailer on a highway within six days after becoming the owner of the motor vehicle or trailer where the person complies with the prescribed requirements. R.S.O. 1990, c. H.8, s. 11 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 4 by adding the following subsection:

Regulations

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

(a) permitting the application to the Ministry under subsection (2) by electronic means, instead of on the provided form;

(b) prescribing classes of persons that may apply by electronic means and the circumstances in which they may do so. 1999, c. 12, Sched. R, s. 4.

See: 1999, c. 12, Sched. R, ss. 4, 21.

Used vehicle information package

11.1  (1)  Every person who sells, offers for sale or transfers a used motor vehicle shall provide a valid used vehicle information package in respect of the vehicle for inspection by proposed purchasers or transferees and shall deliver the package to the purchaser or transferee at the time of sale or transfer of the vehicle. 1993, c. 13, s. 1.

Issuance of package

(2)  The Ministry shall issue a used vehicle information package in respect of any used motor vehicle to any person who applies therefor and pays the prescribed fee. 1993, c. 13, s. 1.

Permit for vehicle

(3)  The purchaser or transferee of the used motor vehicle shall deliver the used vehicle information package mentioned in subsection (1) to the Ministry before obtaining from the Ministry a new permit for the vehicle. 1993, c. 13, s. 1.

Regulations

(4)  For the purposes of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) defining “used motor vehicle” and “used vehicle information package”;

(b) prescribing the period of time during which a used vehicle information package is valid after it is issued;

(c) prescribing and providing for the payment of fees for the issuance of used vehicle information packages;

(d) exempting any class of sellers or transferors from the application of subsection (1) or any class of purchasers or transferees from the application of subsection (3). 1993, c. 13, s. 1.

Offence

(5)  Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 on a first conviction and not less than $200 and not more than $1,000 on each subsequent conviction. 1993, c. 13, s. 1.

Violations as to number plates

12.  (1)  Every person who,

(a) defaces or alters any number plate, evidence of validation or permit;

(b) uses or permits the use of a defaced or altered number plate, evidence of validation or permit;

(c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer;

(d) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle;

(e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or

(f) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations,

is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than thirty days, or to both, and in addition the person’s licence or permit may be suspended for not more than six months.  R.S.O. 1990, c. H.8, s. 12 (1).

Property of the Crown

(2)  Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Ministry. 1999, c. 12, Sched. R, s. 5 (1).

Same

(3)  For the purpose of subsection (2),

“number plate” includes,

(a) a number plate bearing a requested number,

(b) evidence of validation,

(c) a permit,

(d) a CAVR cab card, and

(e) an IRP cab card issued by the Ministry. 1999, c. 12, Sched. R, s. 5 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 5 (2) and the following substituted:

Same

(3)  For the purpose of subsection (2),

“number plate” includes,

(a) a number plate bearing a requested number,

(b) evidence of validation,

(c) a permit, and

(d) an IRP cab card issued by the Ministry. 1999, c. 12, Sched. R, s. 5 (2).

See: 1999, c. 12, Sched. R, ss. 5 (2), 21.

Number plates, further violations

No other numbers to be exposed

13.  (1)  No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. R.S.O. 1990, c. H.8, s. 13 (1).

Number plate to be kept clean

(2)  Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7).

Obstruction prohibited

(3)  The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a photo-radar system. 1993, c. 31, s. 2 (5).

Same

(3.0.1)  The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system. 1998, c. 38, s. 2 (1).

Same

(3.1)  The number plates shall not be obstructed by any device or material that prevents the entire number plates including the numbers from being identified by an electronic toll system. 1996, c. 1,  Sched. E, s. 2 (1).

Offence

(4)  Every person who contravenes subsection (2), (3), (3.0.1) or (3.1) is guilty of an offence. 1993, c. 31, s. 2 (5); 1996, c. 1, Sched. E, s. 2 (2); 1998, c. 38, s. 2 (2).

Improper or invalid number plates and cab cards

Improper number plate

14.  (1)  Where a police officer or an officer appointed under this Act has reason to believe that,

(a) a number plate attached to a motor vehicle or trailer,

(i) has not been authorized under this Act for use on that vehicle,

(ii) was obtained by false pretences, or

(iii) has been defaced or altered;

(b) evidence of validation of a permit displayed on a motor vehicle,

(i) was not furnished under this Act in respect of that motor vehicle,

(ii) was obtained by false pretences, or

(iii) has been defaced or altered; or

(c) a permit carried by a driver of a motor vehicle,

(i) was not authorized under this Act in respect of that motor vehicle,

(ii) was obtained by false pretences, or

(iii) has been defaced or altered,

the officer may take possession of the number plate, evidence of validation or permit and retain it until the facts have been determined. R.S.O. 1990, c. H.8, s. 14 (1).

Invalid cab card

(2)  Where a police officer or an officer appointed under this Act has reason to believe that a CAVR cab card or an IRP cab card produced by a driver as being the permit for the vehicle,

(a) was not furnished in accordance with this Act for that motor vehicle;

(b) has been cancelled; or

(c) has been defaced or altered,

the officer may take possession of the CAVR cab card or the IRP cab card, as the case may be, and retain it until the facts have been determined. 1999, c. 12, Sched. R, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 6 (2) and the following substituted:

Invalid cab card

(2)  Where a police officer or an officer appointed under this Act has reason to believe that an IRP cab card produced by a driver as being the permit for the vehicle,

(a) was not furnished in accordance with this Act for that motor vehicle;

(b) has been cancelled; or

(c) has been defaced or altered,

the officer may take possession of the IRP cab card and retain it until the facts have been determined. 1999, c. 12, Sched. R, s. 6 (2).

See: 1999, c. 12, Sched. R, ss. 6 (2), 21.

Exceptions as to residents of other provinces, permit requirements, etc.

15.  (1)  Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than six consecutive months in each year if the owner thereof is a resident of some other province of Canada and has complied with the provisions of the law of the province in which the person resides as to registration of a motor vehicle and the display of the registration number thereon, and provided the province of residence grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations. R.S.O. 1990, c. H.8, s. 15 (1).

Exemption from s. 7 for thirty days

(2)  Upon the owner of a motor vehicle becoming a resident of Ontario, the owner is exempt from the provisions of section 7 for the thirty days immediately following provided the owner has complied with the provisions of the law of the jurisdiction in which the owner resided immediately prior to taking up residence in Ontario as to the registration of the motor vehicle and the displays of the registration number thereon, and continues to display the registration number in accordance with that law. R.S.O. 1990, c. H.8, s. 15 (2).

Exceptions as to residents of foreign countries

(3)  Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than three months in any one year if the owner thereof is a resident of a country or state that grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations and has complied with the provisions of the law of the country or state in which the person resides as to registration of a motor vehicle and the display of registration plates thereon, but this subsection does not apply to commercial motor vehicles. R.S.O. 1990, c. H.8, s. 15 (3).

Registration of vehicles of certain non-residents

(4)  Despite subsections (1) and (3), section 7 and subsection 13 (1) apply to a motor vehicle owned by a person who does not reside in Ontario that displays registration plates of a jurisdiction other than Ontario and that is,

(a) based and operated in Ontario by the person; or

(b) operated by a resident of Ontario for more than a thirty-day period in any calendar year. R.S.O. 1990, c. H.8, s. 15 (4).

Regulations

(5)  The Lieutenant Governor in Council may make regulations providing for the temporary exemption of vehicles or any class thereof from section 7 or any provision thereof. R.S.O. 1990, c. H.8, s. 15 (5).

Commercial motor vehicles

Definitions, ss. 16-23.1

16.  (1)  In this section and in sections 17 to 23.1,

“commercial motor vehicle” does not include,

(a) a commercial motor vehicle, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms, an ambulance, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home or a vehicle commonly known as a tow truck,

(b) a commercial motor vehicle leased for no longer than thirty days by an individual for the transportation of goods kept for that individual’s personal use or the gratuitous carriage of passengers,

(c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7 (24) (g) or (h) that is not transporting passengers or goods,

(d) a commercial motor vehicle operated under the authority of an In-Transit permit, and

(e) a bus that is used for personal purposes without compensation; (“véhicule utilitaire”)

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”)

“CVOR certificate” means a Commercial Vehicle Operator’s Registration Certificate issued under this Act; (“certificat d’immatriculation UVU”)

“goods” includes all classes of materials, wares and merchandise and livestock; (“biens”)

“operator” means 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 vehicle or combination of vehicles; (“utilisateur”)

“safety record” means the safety record of an operator determined in accordance with the regulations; (“fiche de sécurité”) R.S.O. 1990, c. H.8, s. 16 (1); 1994, c. 27, s. 138 (8); 1996, c. 33, s. 1; 2002, c. 18, Sched. P, s. 3 (1-3); 2009, c. 5, s. 5.

CVOR certificate required

(2)  No person shall drive or operate a commercial motor vehicle on a highway unless the operator is the holder of a valid CVOR certificate. R.S.O. 1990, c. H.8, s. 16 (2); 2002, c. 18, Sched. P, s. 3 (4).

Documents to be carried

(3)  Every driver of a commercial motor vehicle shall carry the original or a copy of,

(a) the CVOR certificate issued to the operator of the vehicle; or

(b) the lease of the vehicle meeting the requirements of subsection (5) if it is a leased vehicle,

(c) Repealed: 2002, c. 18, Sched. P, s. 3 (5).

and where the operator has been issued fleet limitation certificates, a fleet limitation certificate. R.S.O. 1990, c. H.8, s. 16 (3); 2002, c. 18, Sched. P, s. 3 (5).

Documents to be surrendered

(4)  Every driver of a commercial motor vehicle shall, upon the demand of a police officer, surrender for inspection the documents that are required under subsection (3) to be carried. R.S.O. 1990, c. H.8, s. 16 (4).

Requirements for lease

(5)  Every lease carried under subsection (3) shall clearly identify the vehicle involved, the parties to the lease and their addresses, the operator of the vehicle and the operator’s CVOR certificate. 2002, c. 18, Sched. P, s. 3 (6).

(6), (7)  Repealed: 2002, c. 18, Sched. P, s. 3 (6).

CVOR certificates issued, renewed by Registrar

17.  (1)  The Registrar shall issue a CVOR certificate to and renew a CVOR certificate of every person who applies for the certificate or renewal in the form approved by the Minister and meets the requirements of this Act and the regulations. 2002, c. 18, Sched. P, s. 4 (1).

Terms and conditions

(1.1)  The Registrar may issue a CVOR certificate subject to any terms and conditions that the Registrar considers appropriate. 2002, c. 18, Sched. P, s. 4 (1).

Refusal to issue

(2)  The Registrar may refuse to issue a CVOR certificate to an applicant if the Registrar has reason to believe, having regard to the applicant’s safety record and any other information that the Registrar considers relevant, that the applicant will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety. 1996, c. 33, s. 2.

Same

(3)  The Registrar may refuse to issue a CVOR certificate to an applicant if the applicant is related to,

(a) a person whose CVOR certificate has been cancelled, is or has been under suspension or is or has been subject to a fleet limitation;  

(b) a person whose CVOR certificate suspension, cancellation or fleet limitation is under appeal; or

(c) a person who the Registrar has reason to believe, having regard to the person’s safety record and any other information that the Registrar considers relevant, will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety. 1996, c. 33, s. 2.

Same

(3.1)  The Registrar may refuse to issue, replace or renew a CVOR certificate if the applicant is indebted to the Minister of Finance in respect of,

(a) an outstanding fee, or an outstanding penalty or interest in respect of a fee, due under this Act or the Public Vehicles Act; or

(b) an outstanding public vehicle-related fee, or an outstanding penalty or interest in respect of such fee, under the Motor Vehicle Transport Act, 1987 (Canada). 2002, c. 18, Sched. P, s. 4 (2).

Same

(3.2)  The Registrar shall refuse to renew a CVOR certificate,

(a) that was issued subject to terms or conditions; or

(b) that has been invalid for more than 12 months before the application for renewal is received by the Registrar. 2002, c. 18, Sched. P, s. 4 (2).

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Interpretation

(4)  An applicant is related to a person for the purpose of subsection (3) if,

(a) the applicant and the person are related individuals;

(b) either the applicant or the person is a partner of the other or was a partner of the other or they have or have had partners in common;

(c) either the applicant or the person, directly or indirectly, controls or controlled or manages or managed the other; or

(d) the applicant and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders. 1996, c. 33, s. 2.

Expiry

(5)  A CVOR certificate issued or renewed on or after the day subsection 4 (3) of Schedule P to the Government Efficiency Act, 2002 comes into force expires as provided in the regulations. 2002, c. 18, Sched. P, s. 4 (3).

Expiry date assigned to existing CVOR certificates

(5.1)  The Registrar may at any time assign an expiry date to a CVOR certificate that was issued before the day subsection 4 (3) of Schedule P to the Government Efficiency Act, 2002 comes into force. 2002, c. 18, Sched. P, s. 4 (3).

Notice

(5.2)  The Registrar shall give the holder of a CVOR certificate notice, in the prescribed manner, of the assignment of an expiry date under subsection (5.1). 2002, c. 18, Sched. P, s. 4 (3).

One certificate only

(6)  No person, alone or in partnership, is entitled to hold more than one CVOR certificate. 1996, c. 33, s. 2.

Not transferable

(7)  A CVOR certificate is not transferable. 1996, c. 33, s. 2.

Revocation of CVOR certificate for dishonoured payments

17.0.1  (1)  The Registrar may revoke a CVOR certificate if the payment of the issuance, renewal or replacement fee in respect of the certificate has been dishonoured. 2002, c. 18, Sched. P, s. 5.

Notice

(2)  The Registrar shall give the holder of the CVOR certificate notice, in the prescribed manner, of the proposed revocation under subsection (1) and, subject to subsection (3), the revocation shall take effect on the 30th day after the day the notice was given. 2002, c. 18, Sched. P, s. 5.

Payment honoured

(3)  If the amount of the dishonoured payment, and any related fees, interest and penalties, are paid to the Registrar before the 30th day after the day the notice was given, the revocation shall not take effect. 2002, c. 18, Sched. P, s. 5.

Safety ratings, commercial motor vehicle operators

17.1  (1)  The Registrar shall assign a safety rating to every operator in accordance with the regulations. 1996, c. 33, s. 3.

Notice of rating to operator

(2)  Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operator’s safety rating, he or she shall notify the operator of the proposed rating by regular mail sent to the operator’s latest address appearing on the records of the Ministry. 1996, c. 33, s. 3.

Same

(3)  A notice under subsection (2) shall be deemed to have been received on the fifth day after it was mailed unless the person to whom notice is given 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. 1996, c. 33, s. 3.

Operator may dispute first or changed rating

(4)  An operator may, within 30 days after being notified under subsection (2), submit to the Registrar documents, records and written submissions that may show cause why the Registrar should not assign the proposed safety rating to the operator. 1996, c. 33, s. 3.

Registrar to confirm or change safety rating

(5)  Upon the expiration of the 30-day period referred to in subsection (4) and consideration of any documents, records and submissions submitted under that subsection, the Registrar shall assign to the operator the proposed safety rating or a different rating. 1996, c. 33, s. 3.

Written hearing

(6)  Despite the Statutory Powers Procedure Act, the Registrar shall consider the matter under subsection (5) by means of a written hearing unless the Registrar agrees to an oral or electronic hearing. 1996, c. 33, s. 3.

Parties, privacy

(7)  The Registrar and the operator whose safety rating is under dispute are the only parties to the hearing and, unless they otherwise agree, the hearing shall be closed to the public. 1996, c. 33, s. 3.

No appeal

(8)  The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom. 1996, c. 33, s. 3.

Available to the public

(9)  The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate. 1996, c. 33, s. 3.

Protection from personal liability

(10)  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 a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section. 1996, c. 33, s. 3.

Crown not relieved of liability

(11)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject. 1996, c. 33, s. 3.

CVOR certificate changes

18.  (1)  Every holder of a CVOR certificate shall notify the Registrar in writing within 15 days after any change in the holder’s name or address or, where applicable, the persons constituting the officers, directors or partners of the holder, of the change made. 1996, c. 33, s. 4.

Same

(2)  Every holder of a CVOR certificate shall notify the Registrar of any change in the holder’s commercial motor vehicle fleet size or in the total distance travelled by the commercial motor vehicle fleet in a specified period, in accordance with the regulations. 1996, c. 33, s. 4.

Person deemed to be operator

19.  In the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the vehicle shall be deemed to be the operator for the purposes of sections 18 and 20. 2002, c. 18, Sched. P, s. 6.

Commercial motor vehicles, enforcement of ss. 16-23, etc.

Retaining lease

20.  (1)  Every person who gives up possession of a commercial motor vehicle under a lease shall retain a copy of the lease in the person’s place of business for a period of one year after the termination of the lease. R.S.O. 1990, c. H.8, s. 20 (1); 2002, c. 18, Sched. P, s. 7.

Where contravention of subs. 16 (2) or 47 (8)

(2)  A police officer who has reason to believe that a commercial motor vehicle is being operated in contravention of subsection 16 (2) or 47 (8) may,

(a) detain the vehicle at any location that is reasonable in the circumstances; and

(b) seize the permits and number plates for the vehicle,

until the vehicle can be moved without a contravention of this Act occurring. R.S.O. 1990, c. H.8, s. 20 (2).

Permit suspended

(3)  Every permit seized under subsection (2) shall be deemed to be under suspension for the purposes of section 51 while it is in the custody of the officer seizing it. R.S.O. 1990, c. H.8, s. 20 (3).

Lien

(4)  The costs incurred in detaining a vehicle under subsection (2) are a lien on the vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. R.S.O. 1990, c. H.8, s. 20 (4).

Court application

(5)  The person entitled to possession of a vehicle that is detained or the permits or plates of which are seized under subsection (2) may apply to the Superior Court of Justice for an order that the vehicle be released or the permits and plates returned, as the case may be. R.S.O. 1990, c. H.8, s. 20 (5); 2009, c. 5, s. 6.

Security

(6)  On an application being made under subsection (5), the Court may make the order applied for on condition that a security, for the payment of any fine imposed, in the amount that is determined by the Court but not exceeding $5,000 be deposited with the Court. R.S.O. 1990, c. H.8, s. 20 (6).

Return of security

(7)  Every security deposited under subsection (6) shall be returned,

(a) upon a final acquittal under all charges arising in connection with the seizure or detention;

(b) where a charge is not laid within six months after the seizure or detention, on the expiration of the six-month period; or

(c) upon a conviction arising in connection with the seizure or detention, after withholding the amount of the fine. R.S.O. 1990, c. H.8, s. 20 (7).

Offences, commercial motor vehicles

21.  (1)  Every person who contravenes subsection 16 (3) or (4), section 18 or 20 or a regulation made under section 22 is guilty of an offence and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. H.8, s. 21 (1).

Idem

(2)  Every person who contravenes subsection 16 (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 21 (2).

Same

(3)  Every person who contravenes or fails to comply with a term or condition of a CVOR certificate issued to the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. 1996, c. 33, s. 5.

Same

(4)  Every person who provides, uses or permits the use of a fictitious, altered or fraudulently obtained CVOR certificate, or improperly uses a CVOR certificate, is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both. 2002, c. 18, Sched. P, s. 8.

Regulations and fees, commercial motor vehicles

22.  (1)  The Lieutenant Governor in Council may make regulations,

(a) Repealed: 2002, c. 18, Sched. P, s. 9 (1).

(b) Repealed: 1996, c. 33, s. 6 (1).

Note: Despite the repeal of clause (b), any regulation made under that clause remains in force until it is revoked by the Lieutenant Governor in Council. See: 1996, c. 33, s. 6 (5).

(c) classifying persons and vehicles and exempting any class of person or vehicle from section 16 and prescribing conditions for any such exemption;

(d) prescribing the requirements to obtain, renew and hold CVOR certificates and authorizing the Registrar to waive any requirements that are specified in the regulations under the circumstances prescribed therein;

(d.1) Repealed: 2002, c. 18, Sched. P, s. 9 (3).

(e) governing the suspension or cancellation of CVOR certificates under subsection 47 (1) or the imposition of a limitation on the fleet size operated under a CVOR certificate under subsection 47 (2);

(f) respecting documents and information to be filed with or supplied to the Ministry prior to the issuance or renewal of CVOR certificates or as a condition of retention thereof by the holders of CVOR certificates;

(g) defining “fleet size” for the purpose of subsection 18 (2), and exempting any class or classes of CVOR certificate holders from all or part of the requirements of subsection 18 (2);

(h) prescribing the method for determining an operator’s safety record;

(i) prescribing the method for assigning safety ratings to operators;

(j) providing for the reciprocal recognition of safety ratings, safety records and similar records of territories, other provinces and states of the United States of America;

(k) governing the expiry of CVOR certificates, including establishing classes of CVOR certificate holders and providing different expiry dates, or different methods of determining expiry dates, for CVOR certificates held by different classes of holders;

(l) prescribing methods of giving notice and rules respecting notice for the purposes of subsections 17 (5.2) and 17.0.1 (2). R.S.O. 1990, c. H.8, s. 22; 1996, c. 33, s. 6 (1-3); 2002, c. 18, Sched. P, s. 9 (1-4).

Fees

(2)  The Registrar may set fees, subject to the approval of the Minister, for the issuance, renewal and replacement of CVOR certificates.  1996, c. 33, s. 6 (4).

Same

(3)  Subject to the approval of the Minister, the Registrar may exempt any class of persons from the requirement to pay a fee set under subsection (2). 2002, c. 18, Sched. P, s. 9 (5).

Liability insurance for commercial motor vehicles

23.  (1)  No operator or owner of a commercial motor vehicle shall operate the vehicle or cause or permit the vehicle to be operated on a highway unless, in addition to the minimum liability insurance required under the Compulsory Automobile Insurance Act, motor vehicle liability insurance in the amount prescribed by the regulations is carried for the vehicle with an insurer licensed under the Insurance Act. R.S.O. 1990, c. H.8, s. 23 (1).

Non-residents

(2)  If an operator or owner of a commercial motor vehicle is not a resident of Ontario, the insurance required by subsection (1) may be carried with an insurer who is authorized to transact the insurance in the state or province in which the owner or operator resides. R.S.O. 1990, c. H.8, s. 23 (2).

Driver to carry evidence of insurance

(3)  Every driver of a commercial motor vehicle shall carry evidence of a type prescribed by the regulations that the vehicle is insured as required by this section and shall surrender the evidence for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. H.8, s. 23 (3).

Offence

(4)  An operator or owner who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $2,500. R.S.O. 1990, c. H.8, s. 23 (4).

Idem

(5)  A driver who contravenes subsection (3) 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. 23 (5).

Regulations

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

(a) prescribing the amount of motor vehicle liability insurance to be carried for a commercial motor vehicle;

(b) prescribing documents that may be accepted as evidence that a commercial motor vehicle is insured as required by this section;

(c) prescribing the form, amount, nature, class, provisions and conditions of the insurance required by section 23.1 and the nature of the evidence of that insurance that is to be carried in the vehicle. R.S.O. 1990, c. H.8, s. 23 (6); 2002, c. 18, Sched. P, s. 10.

Insurance

23.1  Every person carrying goods for any other person for compensation shall obtain and carry the insurance that is required by the regulations and shall ensure that the evidence of the insurance is carried in every commercial motor vehicle of the operator that is being used to transport goods for compensation. 2002, c. 18, Sched. P, s. 11.

24., 25.  Repealed: 2002, c. 22, s. 99.

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PART III
PARKING PERMITS

Accessible parking permits

26.  (1)  The Minister shall issue an accessible parking permit to every person or organization that applies for it and meets the requirements of the regulations. 2009, c. 33, Sched. 26, s. 3 (3).

Term

(2)  An accessible parking permit is in force during the period of time shown on the permit. 2009, c. 33, Sched. 26, s. 3 (3).

Cancellation of permit

(3)  The Minister may cancel an accessible parking permit or may refuse to issue a replacement permit if the permit has been used in contravention of this Part or the regulations or of a municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking. 2009, c. 33, Sched. 26, s. 3 (3).

Refusal to issue new permit

(4)  If the Minister cancels an accessible parking permit, the Minister may refuse to issue a new permit to the holder of the cancelled permit. 2009, c. 33, Sched. 26, s. 3 (3).

Offence, accessible parking permit

27.  (1)  No person shall,

(a) have in his or her possession an accessible parking permit that is fictitious, altered or fraudulently obtained;

(b) display an accessible parking permit otherwise than in accordance with the regulations;

(c) fail or refuse to surrender an accessible parking permit in accordance with this Part or the regulations;

(d) use an accessible parking permit on land owned and occupied by the Crown otherwise than in accordance with the regulations;

(e) give, lend, sell or offer for sale an accessible parking permit or permit the use of it by another person otherwise than in accordance with the regulations; or

(f) make, permit the making of, give, lend, sell or offer for sale a fictitious or altered accessible parking permit. 2009, c. 33, Sched. 26, s. 3 (4).

Penalty

(2)  A person who contravenes clause (1) (a), (b), (c), (d), (e) or (f) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $5,000. 2001, c. 32, s. 26 (2).

Inspection, accessible parking permit

28.  (1)  Every person having possession of an accessible parking permit shall, on the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking are being complied with. 2009, c. 33, Sched. 26, s. 3 (5).

Officer may take possession of the permit

(2)  An officer or cadet to whom an accessible parking permit has been surrendered may retain it until disposition of the case if the officer or cadet has reasonable ground to believe that the permit,

(a) was not issued under this Part;

(b) was obtained under false pretences;

(c) has been defaced or altered;

(d) has expired or been cancelled; or

(e) is being or has been used in contravention of the regulations or of a by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking. R.S.O. 1990, c. H.8, s. 28 (2); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 24 (3); 2009, c. 33, Sched. 26, s. 3 (6).

29.  Repealed: 2002, c. 17, Sched. F, Table.

Regulations, accessible parking permits

30.  The Lieutenant Governor in Council may make regulations,

(a) prescribing any form for the purposes of this Part and requiring its use;

(b) respecting the issuance, renewal, cancellation, replacement and disposal of accessible parking permits;

(c) prescribing the requirements for obtaining an accessible parking permit;

(d) prescribing the period of time or the method of determining the period of time during which accessible parking permits shall be in force;

(e) governing the manner of displaying accessible parking permits on or in vehicles;

(f) requiring the erection of signs and the placing of markings to identify designated parking spaces for the use of vehicles displaying an accessible parking permit, and prescribing the types, content and location of the signs and markings;

(g) prescribing the conditions of use of an accessible parking permit on land owned and occupied by the Crown;

(h) requiring and governing the surrender of accessible parking permits;

(i) providing for and governing the recognition of permits, number plates and other markers and devices issued by other jurisdictions as being equivalent to accessible parking permits issued under this Part. 2009, c. 33, Sched. 26, s. 3 (7).

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PART IV
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Driver, Driving Instructor

Driving a privilege

31.  The purpose of this Part is to protect the public by ensuring that,

(a) the privilege of driving on a highway is granted to, and retained by, only those persons who demonstrate that they are likely to drive safely; and

(b) full driving privileges are granted to novice and probationary drivers only after they acquire experience and develop or improve safe driving skills in controlled conditions.  1993, c. 40, s. 1.

Driver’s licence

32.  (1)  No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to him or her under this Act. R.S.O. 1990, c. H.8, s. 32 (1).

Idem

(2)  No person shall drive a street car on a highway unless he or she holds a driver’s licence. R.S.O. 1990, c. H.8, s. 32 (2).

Endorsement required

(3)  No person shall drive on a highway a type of motor vehicle or combination of vehicles for which the regulations require a driver’s licence endorsement or in circumstances for which the regulations require a driver’s licence endorsement unless the person’s driver’s licence permits him or her to drive that class of motor vehicle or combination of vehicles and is endorsed to permit him or her to drive that type of motor vehicle or combination of vehicles or to drive in those circumstances, as the case may be. 2002, c. 18, Sched. P, s. 12 (1).

(4)  Repealed: 2002, c. 18, Sched. P, s. 12 (1).

Issuance of driver’s licence, endorsements

(5)  The Minister may require an applicant for a driver’s licence or an endorsement or a person who holds a driver’s licence to submit to the examinations that are authorized by the regulations at the times and places required by the Minister and to meet other prescribed requirements, and the Minister may,

(a) in the case of an applicant for a driver’s licence,

(i) issue the driver’s licence of the class and subject to the conditions authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or

(ii) where the applicant fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to issue a driver’s licence to the applicant;

(b) in the case of a person who holds a driver’s licence,

(i) impose the conditions authorized by the regulations, remove any conditions or endorsements or change the class or classes of driver’s licence held by the person, in accordance with the results of the examinations and other prescribed requirements, or

(ii) where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, impose the conditions authorized by the regulations, remove any endorsements, suspend or cancel the driver’s licence held by the person or change the class or classes of driver’s licence held by the person;

(c) in the case of a person who holds a driver’s licence and who is an applicant for an endorsement,

(i) grant the endorsements authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or

(ii) where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to grant the endorsements applied for. 2002, c. 18, Sched. P, s. 12 (1).

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Retaining portion of fee

(6)  Despite section 2 of the Financial Administration Act, any person who issues licences or provides any other service in relation to licences on behalf of the Minister, pursuant to an agreement with the Minister, may retain, from the fee paid, the amount that is approved by the Minister from time to time. R.S.O. 1990, c. H.8, s. 32 (6).

Contingent validity

(7)  Where a driver’s licence issued under subsection (5) has been suspended, it is not valid for purposes of subsection (1) until the prescribed administrative fee for its reinstatement has been paid. R.S.O. 1990, c. H.8, s. 32 (7).

(8)  Repealed: 2002, c. 18, Sched. P, s. 12 (2).

Driving in breach of condition prohibited

(9)  No person shall drive a motor vehicle on a highway while contravening a condition contained in his or her driver’s licence or imposed by the regulations. R.S.O. 1990, c. H.8, s. 32 (9).

Responsibility of owner

(10)  No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a driver’s licence for the class of motor vehicles or combination of vehicles to which the motor vehicle or combination of vehicles belongs. 2002, c. 18, Sched. P, s. 12 (3).

Same

(10.1)  No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway where to do so would contravene a condition on the person’s driver’s licence. 2002, c. 18, Sched. P, s. 12 (3).

Same

(11)  No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a driver’s licence containing any endorsements that are required to drive that motor vehicle or combination of vehicles under the circumstances in which the person will be driving. 2002, c. 18, Sched. P, s. 12 (3).

Same, novice drivers

(11.1)  No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit a novice driver, as defined under section 57.1, to drive the motor vehicle or combination of vehicles on a highway while contravening a condition or restriction imposed upon the novice driver by this Act or the regulations. 2002, c. 18, Sched. P, s. 12 (4); 2009, c. 5, s. 7.

(12)  Repealed: 2002, c. 18, Sched. P, s. 12 (5).

Applicant for driver’s licence may be photographed

(13)  The Minister may require as a condition for issuing a driver’s licence that the applicant therefor submit to being photographed by equipment provided by the Ministry. R.S.O. 1990, c. H.8, s. 32 (13).

Regulations

(14)  The Lieutenant Governor in Council may make regulations relating to this section,

(a) prescribing classes of motor vehicles;

(b) prescribing the term of validity of drivers’ licences;

(c) prescribing conditions that may be imposed on a driver’s licence or on a class or classes of drivers’ licences;

(d) prescribing classes of drivers’ licences;

(e) respecting practical and written driving examinations, mental examinations and physical examinations, including ophthalmic and auditory examinations, for applicants for and holders of drivers’ licences and endorsements;

(f) prescribing the qualifications of applicants for and holders of drivers’ licences or any class or classes of drivers’ licences and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed therein;

(g) prescribing the requirements to be met by an applicant for a driver’s licence;

(h) prescribing types of motor vehicles or of combinations of vehicles for which endorsements are required and prescribing the endorsements;

(i) prescribing the circumstances for which endorsements are required and prescribing the endorsements;

(j) prescribing the requirements to be met by a person applying for an endorsement;

(k) prescribing the requirements to be met by a person for a condition to be removed from his or her driver’s licence;

(l) prescribing the qualifications of applicants for and holders of endorsements and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed in the regulations;

(m) respecting documents required to be filed with the Ministry prior to the issuance of a driver’s licence or any class or classes of drivers’ licences or prior to granting an endorsement or as a requirement for retaining a driver’s licence or endorsement by the holder of a driver’s licence;

(n) prescribing the kinds of decisions under subsection (5) which an applicant or person who holds a driver’s licence may appeal under section 50;

(o) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section. R.S.O. 1990, c. H.8, s. 32 (14); 2002, c. 18, Sched. P, s. 12 (6-8).

Documents privileged

(15)  Documents filed with the Ministry relating to mental and physical, including ophthalmic and auditory, examinations pursuant to this section are privileged for the information of the Ministry only and shall not be open for public inspection. R.S.O. 1990, c. H.8, s. 32 (15).

Penalty

(16)  Every person who contravenes subsection (1), (2), (3), (10), (10.1), (11) or (11.1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2002, c. 18, Sched. P, s. 12 (9).

Penalty – commercial motor vehicle

(17)  Despite subsection (16), every person who contravenes subsection (1), (3), (9), (10), (10.1), (11) or (11.1) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 2002, c. 18, Sched. P, s. 12 (10).

Limitation on driver’s licence

(18)  For greater certainty, a person who holds a driver’s licence to drive a class of motor vehicle may nevertheless be restricted to driving a type of motor vehicle or combination of vehicles within that class of motor vehicle,

(a) by a condition prescribed under clause (14) (c) that is imposed on the person’s licence; or

(b) by the absence of an endorsement prescribed under clause (14) (h) or (i) on the person’s licence. 2002, c. 18, Sched. P, s. 12 (11).

Combined photo card in lieu of driver’s licence card

32.1  (1)  The driver’s licence card issued under this Act may be replaced with a combined photo card issued under the Photo Card Act, 2008, but the provisions of this or any other Act imposing a duty on the holders of drivers’ licences, including a requirement to carry, present or surrender a driver’s licence, apply to the combined photo card and the holder of a combined photo card as if the combined photo card were a driver’s licence. 2008, c. 17, s. 33.

Combined photo card is also driver’s licence

(2)  A combined photo card issued under the Photo Card Act, 2008 is also the holder’s driver’s licence for all purposes and the one combined photo card constitutes his or her enhanced photo card under that Act and his or her driver’s licence. 2008, c. 17, s. 33.

Driver’s licence remains valid if photo card ceases to be valid

(3)  If a combined photo card holder’s photo card ceases to be valid under the Photo Card Act, 2008 for any reason, the holder’s driver’s licence remains valid unless this Act requires otherwise, and the holder may be issued a replacement driver’s licence card. 2008, c. 17, s. 33.

Photo-comparison technology

32.2  (1)  The Minister may use photo-comparison technology to compare the photographs taken of any applicants for or holders of a driver’s licence or photo card. 2008, c. 17, s. 34.

Not admissible

(2)  The photo-comparison technology used by the Minister, the methodology used to compare photographs and the measurements and results used for comparison are not admissible in evidence for any purpose and cannot be required for production in a civil proceeding before a court or tribunal. 2008, c. 17, s. 34.

Definitions

(3)  In this section,

“photo card” has the same meaning as in the Photo Card Act, 2008; (“carte-photo”)

“photo-comparison technology” means a software application that measures the characteristics of a person’s face in a photograph and compares the results of that measurement with those of other photographs. (“technologie de comparaison de photos”) 2008, c. 17, s. 34.

As to carrying licences and surrender on demand

33.  (1)  Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

Same, re novice driver rules

(2)  Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. 1993, c. 40, s. 3.

Identification on failure to surrender licence

(3)  Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification. 1993, c. 40, s. 3.

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Determining subsequent conviction

(2)  In determining whether a conviction is a subsequent conviction or an additional subsequent conviction, as the case may be, for the purpose of clauses (1) (g) and (h), 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. 41 (2).

Ten-year limitation

(3)  Clauses (1) (g) and (h) do not apply when the subsequent conviction is more than 10 years after the previous conviction. 1997, c. 12, s. 1 (2).

Note: The five-year limitation provided for in subsection (3), as it read immediately before September 30, 1998, continues to apply with respect to convictions for offences committed before that date. See: 1997, c. 12, s. 1 (4).

Exception

(3.0.1)  Despite subsection (3), when the subsequent conviction is within 10 years after the previous conviction, all previous convictions that were not followed by a 10-year period without a conviction shall be taken into account for the purpose of clauses (1) (g) and (h). 1997, c. 12, s. 1 (2).

Transition

(3.0.2)  Despite subsections (3) and (3.0.1), a conviction that was more than five years before the date on which this subsection comes into force shall not be taken into account for the purpose of clauses (1) (g) and (h). 1997, c. 12, s. 1 (2).

Suspension concurrent with s. 48.3 suspension

(3.1)  The licence suspension under this section runs concurrently with the remaining portion, if any, of a suspension under section 48.3. 1996, c. 20, s. 5.

Order extending suspension

(4)  Where the court or judge, as the case may be, making the conviction referred to in subsection (1) considers it to be desirable for the protection of the public using the highways, the court or judge may make an order extending the suspension of the licence,

(a) for any period in addition to the period specified in subsection (1) that the court or judge considers proper, if the person is liable to imprisonment for life in respect of the offence; or

(b) for any period in addition to the period specified in subsection (1) that the court or judge considers proper but not exceeding three years, if the person is not liable to imprisonment for life in respect of the offence. R.S.O. 1990, c. H.8, s. 41 (4).

Reduced suspension with ignition interlock condition

(4.1)  A person whose driver’s licence is suspended under subsection (1) for an offence listed in clause (1) (b.1) or (c) may apply to the Registrar for the reinstatement of his or her licence before the end of the licence suspension period, and the Registrar may reinstate the person’s licence before the end of the licence suspension period, if the person has been notified under section 57 that he or she is required to participate in a conduct review program under that section that consists of or includes an ignition interlock program. 2007, c. 13, s. 6 (2).

Order for discharge

(5)  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. 41 (5); 2000, c. 26, Sched. O, s. 1; 2006, c. 19, Sched. D, s. 9 (2).

Appeal

(6)  An appeal may be taken from an order for additional suspension made under subsection (4) and the provisions of the Criminal Code (Canada) applying to an appeal from the conviction referred to in subsection (1) apply in respect of an appeal from an order made under subsection (4). R.S.O. 1990, c. H.8, s. 41 (6).

Stay of order on appeal

(7)  Where an appeal is taken under subsection (6), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court. R.S.O. 1990, c. H.8, s. 41 (7).

No cause of action

(8)  No person whose licence is or was suspended under subsection (1) or a predecessor thereof has a cause of action against the Registrar of Motor Vehicles or Her Majesty the Queen in right of Ontario for any misapplication of, or misadvice about, the suspension period under subsection (1) or predecessor thereof. R.S.O. 1990, c. H.8, s. 41 (8).

Suspension on: reinstatement, reduction, extension of conviction

Reinstatement of suspended licence

41.1  (1)  Where the Registrar is satisfied that a person whose driver’s licence is suspended under clause 41 (1) (f) or (g) has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reinstate the driver’s licence upon the expiry of the suspension, subject to any other suspension under this Act. 1997, c. 12, s. 2.

Reduction of indefinite suspension and reinstatement of licence

(2)  Where the Registrar is satisfied that a person whose driver’s licence is suspended under clause 41 (1) (h) for a second subsequent conviction has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reduce the period of the suspension to 10 years and shall reinstate the driver’s licence upon the expiry of the reduced suspension, subject to any other suspension under this Act. 1997, c. 12, s. 2.

Further suspension

(3)  If, upon the expiry of a suspension under subsection 41 (1), the person whose driver’s licence is suspended has not satisfied the Registrar that he or she has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall suspend the person’s driver’s licence until such time as the Registrar is so satisfied. 1997, c. 12, s. 2.

Effective date of further suspension

(4)  A suspension under subsection (3) takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose driver’s licence is suspended. 1997, c. 12, s. 2.

Parties to judicial review

(5)  The parties to any judicial review brought in respect of this section are the Registrar and the person whose driver’s licence is suspended. 1997, c. 12, s. 2.

Documents privileged

(6)  Documents 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. 1997, c. 12, s. 2.

Persons authorized to provide programs

(6.1)  The Minister may authorize or require any person or class of persons to provide or conduct assessments and programs for the purposes of this section and may require them to prepare, keep and submit reports to the Ministry as specified by the Ministry. 2007, c. 13, s. 7 (1).

Protection from personal liability

(7)  No action or other proceeding for damages shall be instituted against a person authorized or required to conduct an assessment or program or submit a report for the purposes of this section, unless the person was negligent in the conduct of the assessment or program or in the preparation or submission of the report. 1997, c. 12, s. 2; 2007, c. 13, s. 7 (2).

Same

(8)  No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension or reinstatement of a driver’s licence in good faith in the execution or intended execution of a duty under this section. 1997, c. 12, s. 2.

Crown not relieved of liability

(9)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (7) and (8) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (7) or (8) to which it would otherwise be subject. 1997, c. 12, s. 2.

Regulations

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

(a) governing the assessments and remedial programs required under this section and prescribing what constitutes their completion;

(b) prescribing fees for assessments and remedial programs;

(c) Repealed: 2007, c. 13, s. 7 (3).

(d) respecting documents required to be filed with the Registrar to satisfy him or her with respect to the completion of assessments and remedial programs;

(e) prescribing the requirements to be met by a person in order to have his or her suspension reduced or his or her driver’s licence reinstated under this section;

(f) prescribing conditions that the Minister may impose on a driver’s licence reinstated under this section;

(g) prescribing the length of time that conditions imposed on a driver’s licence reinstated under this section will apply, or a method for determining it;

(h) requiring a person whose licence is suspended under subsection 41 (1) or whose licence is reinstated under this section to attend an interview with an official of the Ministry and prescribing the circumstances where the interview will be required and the purposes of the interview;

(i) defining classes of persons, based on the nature of the offence or offences for which a driver’s licence may be suspended under section 41 and on the number of convictions a person has for offences described in subsection 41 (1);

(j) providing that this section, or any part of it, applies to a class or classes of persons or exempting any class or classes of persons from this section or any part of it, prescribing conditions for any such applications or exemptions and prescribing circumstances in which any such applications or exemptions apply. 1997, c. 12, s. 2; 2007, c. 13, s. 7 (3, 4).

Same

(11)  A regulation made under subsection (10) may provide differently for different classes of persons and in different parts of Ontario. 1997, c. 12, s. 2.

Reinstatement conditions, ignition interlock devices

Reinstated licence subject to condition: first conviction

41.2  (1)  If a person’s driver’s licence is suspended under section 41 as a result of a first conviction for an offence under section 253, 254 or 255 of the Criminal Code (Canada) and his or her driver’s licence is reinstated under section 41.1 and not under subsection 41 (4.1), it is a condition of the person’s driver’s licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1; 2002, c. 18, Sched. P, s. 13 (1); 2007, c. 13, s. 8 (1).

Application to remove condition

(2)  A person mentioned in subsection (1) may apply to the Registrar to remove 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.

Time limit

(3)  An application under subsection (2) may not be made earlier than one year from the day the person’s driver’s licence was reinstated under section 41.1. 2000, c. 35, s. 1.

Prescribed criteria must be met

(4)  On receiving an application made in accordance with subsections (2) and (3), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection. 2000, c. 35, s. 1.

Reinstated licence subject to condition: second conviction

(5)  If a person’s driver’s licence is suspended under section 41 as a result of a second conviction for an offence under section 253, 254 or 255 of the Criminal Code (Canada) and his or her driver’s licence is reinstated under section 41.1, it is a condition of the person’s driver’s licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1; 2002, c. 18, Sched. P, s. 13 (2).

Application to remove condition

(6)  A person mentioned in subsection (5) may apply to the Registrar to remove 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.

Time limit

(7)  An application under subsection (6) may not be made earlier than three years from the day the person’s driver’s licence was reinstated under section 41.1. 2000, c. 35, s. 1.

Prescribed criteria must be met

(8)  On receiving an application made in accordance with subsections (6) and (7), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection. 2000, c. 35, s. 1.

Reinstated licence subject to permanent condition

(9)  If, in accordance with subsection 41.1 (2), the Registrar reduces an indefinite licence suspension that was imposed for a second subsequent conviction or an additional subsequent conviction of an offence under section 253, 254 or 255 of the Criminal Code (Canada), and reinstates a person’s driver’s licence, it is a permanent condition of the person’s driver’s licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2007, c. 13, s. 8 (2).

Responsibility of owner of motor vehicle

(10)  No person who is the owner or is in possession or control of a motor vehicle that is not equipped with an approved ignition interlock device shall knowingly permit a person to drive the vehicle, if that person is prohibited from driving any motor vehicle that is not equipped with such a device. 2000, c. 35, s. 1; 2002, c. 18, Sched. P, s. 13 (3).

No tampering with devices

(11)  Except in accordance with an authorization under subsection (14), no person shall tamper with an approved ignition interlock device. 2000, c. 35, s. 1.

Inspections

(12)  If, under the authority of this Act, a police officer stops a motor vehicle, inspects a person’s driver’s licence and determines that the person is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device, the police officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine,

(a) whether the vehicle is equipped with such a device; and

(b) if the vehicle has the device, whether the device has been tampered with in any manner. 2000, c. 35, s. 1.