HIGHWAY TRAFFIC ACT

HIGHWAY TRAFFIC ACT

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

As amended by: S.O. 1992, c. 20; 1993, c. 8, c. 13, c. 18, c. 27, c. 31, c. 34, c. 40; 1994, c. 27, c. 28, c. 29, c. 35; 1996, c. 1, c. 9, c. 20, c. 31, c. 32, c. 33; 1997, c. 4, c. 12, c. 26, c. 41; 1998, c. 5, c. 6, c. 18, c. 28, c. 35, c. 38; 1999, c. 8, c. 12, c. 13; 2000, c. 15, c. 26, c. 29, c. 35; 2001, c. 4, c. 9, c. 13, c. 32; 2002, c. 4, c. 17, c. 18, c. 21, c. 22, c. 24

Section 1 Definitions

1. (1) In this Act,

"bicycle" includes a tricycle and unicycle but does not include a motor assisted bicycle;

"Board" Repealed. [S.O. 1999, c. 12, s. 24]

"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;

"bus" means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons;

"chauffeur" means a person who operates a motor vehicle and receives compensation therefor;

"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;

"conversion unit" means a mechanical device consisting of a single axle designed to convert a two-axle vehicle into a three-axle vehicle;

"conviction" includes a disposition made under the Young Offenders Act (Canada);

"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;

"Deputy Minister" means the Deputy Minister of Transportation;

"driver" means a person who drives a vehicle on a highway;

"driver's licence" means a licence issued under section 32 to drive a motor vehicle on a highway;

"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;

"garage" means every place or premises where motor vehicles are received for housing, storage or repairs for compensation;

"gross weight" means the combined weight of vehicle and load;

"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;

"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;

"King's Highway" includes the secondary highways and tertiary roads designated under the Public Transportation and Highway Improvement Act;

"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;

"Minister" means the Minister of Transportation;

"Ministry" means the Ministry of Transportation;

"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;

"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,

(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;

"motor vehicle" includes an automobile, motorcycle, 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 vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of this Act;

"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;

"official sign" means a sign approved by the Ministry;

"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;

"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;

"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;

"public vehicle" has the same meaning as in the Public Vehicles Act;

"Registrar" means the Registrar of Motor Vehicles appointed under this Act;

"regulations" means the regulations made under this Act;

"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, backhoes or rock drills, and

but not including a commercial motor vehicle;

"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;

"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;

"self-propelled implement of husbandry" means a self-propelled vehicle manufactured, designed, redesigned, converted or reconstructed for a specific use in farming;

"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;

"state of the United States of America" includes the District of Columbia;

"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;

"street car" includes a car of an electric or steam railway;

"through highway" means a highway or part of a highway designated as such by the Minister or 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;

"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;

"trailer converter dolly" means a device consisting of one or more axles, a fifth wheel lower-half and a tow bar;

"Tribunal" means the Licence Appeal 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;

"wheelchair" means a chair mounted on wheels driven by muscular or any other kind of power and used for the carriage of a person who has a physical defect or disability.

(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.

(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.

(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.

(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).

(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.

(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.

[S.O. 1999, c. 12, s. 24; 2001, c. 9, Sch. O, s. 1; 2002, c. 17, Sch. F, s. 1]

Part I ADMINISTRATION

Section 2 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.

Section 3 Registrar of Motor Vehicles

3. (1) There shall be a Registrar of Motor Vehicles appointed by the Lieutenant Governor in Council.

(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.

(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 discharge any of the powers and duties.

(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.

[S.O. 1996, c. 20, s. 1]

Section 4 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.

Section 5 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 the payment of administrative fees for the reinstatement of suspended licences, including prescribing different fees based on the grounds for suspension or the reasons for reinstatement and providing for exemptions from payment of the fees;

(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 subsection (2) and the method of determining the amount of any penalty.

(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.

[S.O. 1994, c. 27, s. 138; 1996, c. 20, s. 2]

Part II PERMITS

Section 6 Definitions

6. (1) In this Part,

"CAVR cab card" means a permit issued by the Ministry pursuant to the Canadian Agreement on Vehicle Registration;

"holder", when used in relation to a permit, means the person in whose name the plate portion of a permit is issued;

"IRP cab card" means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan;

"IRP inspector" means a person appointed as an IRP inspector under subsection 7.3(1);

"lessee" means a person who has leased a vehicle for a period of not less than one year;

"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;

"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;

"police officer" includes an officer appointed for carrying out the provisions of this Act;

"prescribed" means prescribed by the regulations;

"validate" means render in force for the prescribed period of time and "validation" and "validated" have corresponding meanings.

(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.

[S.O. 1999, c. 12, s. 1; 2002, c. 22, s. 95]

Section 7 Permit, etc., required

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

(i) one of the number plates mentioned in sub- clause (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 dis- played on the 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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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

(8) The Ministry may authorize number plates in an applicant's possession for use on a vehicle.

(9) Validation of a permit may be refused where the permit holder is indebted to the Treasurer of the Province of Ontario in respect of a vehicle-related fee or tax or in respect of a penalty imposed under this Act.

(10) Where a permit holder is in default of payment of a fine imposed for a parking infraction, 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.

(11) Where a person who is not a permit holder is in default of a payment of a fine imposed for a parking infraction, 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.

(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.

(11.2) Repealed. [S.O. 1998, c. 38, s. 1]

(12) If a person holds more than one permit and an order or direction in respect of that person is made under subsection (10), or (11.1), 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.

(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 Departments Act, 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.

(12.2) For the purposes of this section "firefighter" includes a volunteer or full-time firefighter.

(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 fire-fighter under the Fire Departments Act or upon ceasing to meet the requirements prescribed by the 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).

(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.

(14) A permit that is issued or validated is in force during the period of time prescribed by the regulations.

(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.

(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,

(a) as a public vehicle within the meaning of the Public Vehicles Act; or

(b) as a public truck within the meaning of the Truck Transportation Act,

unless the owner of such motor vehicle or trailer is in possession of an operating licence as required by the Acts.

(17) - (20) Repealed. [S.O. 2002, c. 22, s. 97]

(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.

(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.

(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.

(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 and for any additional administrative proceedings arising therefrom;

(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.

[S.O. 1992, c. 20, s. 2; 1993, c. 8, s. 1; 1993, c. 31, s. 2; 1994, c. 27, s. 138; 1994, c. 31, s. 2; 1998, c. 38, s. 1; 1999, c. 12, s. 2; 2000, c. 29, s. 1; 2002, c. 22, s. 97]

Section 7.1 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.

(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.

(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.

(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.

(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.

[S.O. 1999, c. 12, Sch. R, s. 3]

Section 7.2 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 three years after the registration year for which the IRP cab card was issued.

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.3 Examination and inspection

7.3 (1) The Minister may appoint one or more employees of the Government of Ontario as IRP inspectors.

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

(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.

(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).

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.4 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.

[S.O. 2002, c. 22, s. 98]

Section 7.5 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.

[S.O. 2002, c. 22, s. 98]

Section 7.6 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.

(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.

(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

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

(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.

(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.

(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.

(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.

(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.

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.7 Interest

7.7 (1) 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 taxes owed to another member jurisdiction of the International Registration Plan and collected by Ontario pursuant to the Plan at the prescribed rate and calculated in the prescribed manner.

(2) Interest shall be compounded daily to the date on which it is paid.

[S.O. 2002, c. 22, s. 98]

Section 7.8 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.

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

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.9 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.

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.10 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.

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.11 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

(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

(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.

(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).

(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.

(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.

(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.

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

(9) The Minister's decision under subsection (8) is final and no further appeal or other review shall be available from it.

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.12 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.

(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.

[S.O. 2002, c. 22, s. 98]

Section 7.13 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.

[S.O. 2002, c. 22, s. 98]

Section 7.14 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.

[S.O. 2002, c. 22, s. 98]

Section 7.15 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;

(d) prescribing the rate of interest and the manner of calculating it for the purposes of section 7.7;

(e) prescribing the manner of serving objections under subsections 7.8(1) and 7.11(7).

(2) A regulation may establish classes of IRP cab card holders and may contain different provisions and requirements for different classes.

[S.O. 2002, c. 22, s. 98]

Section 7.16 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.

[S.O. 2002, c. 22, s. 98]

Section 7.17 Forms

7.17 The Minister may require that forms approved by the Minister be used for any purpose respecting the International Registration Plan.

[S.O. 2002, c. 22, s. 98]

Section 8 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.

(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.

Section 9 Penalty for false statement

9.(1) Every person who knowingly makes a false statement in an application, declaration, affidavit or paper writing required by this Act or by the regulations or by the Ministry 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 $100 and not more than $500 or to imprisonment for a term of not more than thirty days, or to both, and in addition the person's licence or permit may be suspended for a period of not more than six months.

(2) Where an owner of a motor vehicle or 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.

(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.

(4) A notice may be filed under subsection (2) or (3) by forwarding it to the Ministry by registered mail.

(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.

Section 10 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.

(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

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.

Section 11 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

(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.

(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.

(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.

(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.

Section 11.1 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.

(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.

(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.

(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;

(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).

(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.

[S.O. 1993, c. 13, s. 1]

Section 12 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;

(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.

(2) Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Ministry.

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

"number plate" includes,

(a) a number plate bearing a requested number,

(b) evidence of validation,

(d) a CAVR cab card, and

(e) an IRP cab card issued by the Ministry.

[S.O. 1994, c. 27, s. 138; 1999, c. 12, s. 5]

Section 13 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.

(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.

(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.

(3.0.1) Repealed. [S.O. 1998, c. 38, s. 2]

(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.

(4) Every person who contravenes subsection (2), (3), or (3.1) is guilty of an offence.

[S.O. 1993, c. 31, s. 2; 1994, c. 27, s. 138; 1996, c. 1, Sch. E; 1998, c. 38, s. 2]

Section 14 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

(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.

(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

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.

[S.O. 1999, c. 12, s. 6]

Section 15 Exceptions as to residents of other provinces

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.

(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.

(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.

(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.

(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.

Section 16 Definitions

16. (1) In this section and in sections 17 to 23,

"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;

"CVOR certificate" means a Commercial Vehicle Operator's Registration Certificate issued under this Act;

"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;

"owner-driver authority" means an owner-driver authority issued under the Truck Transportation Act;

"safety record" means the safety record of an operator determined in accordance with the regulations.

"single-source authority" means a single source authority issued under the Truck Transportation Act.

(2) No person shall drive or operate a required commercial motor vehicle on a highway unless the operator is the holder of a CVOR certificate that is not under suspension.

(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;

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

meeting the requirements of subsection (5) if the vehicle is operated under an owner-driver authority or single-source authority, and where the operator has been issued fleet limitation certificates, a fleet limitation certificate.

(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.

(5) Every lease, contract or notice of contract carried under subsection (3) shall contract clearly identify the vehicle involved, the parties thereto and their addresses, the operator of the vehicle and the operator's CVOR certificate.

(6) A commercial motor vehicle operated under the authority of an owner-driver authority or single-source authority shall be deemed to be operated by the person or partnership that contracted with the holder of the licence.

(7) For a commercial motor vehicle, for which an Ontario permit is not in force and which bears number plates from and is registered in another province or state, the motor vehicle permit may be substituted for a CVOR certificate for the purposes of subsections (2) and (3) if the operator of the commercial motor vehicle is not the holder of a CVOR certificate.

[S.O. 1994, c. 27, s. 138; 1996, c. 33, s. 1]

Section 17 CVOR certificates issued by Registrar

17. (1) The Registrar shall issue a CVOR certificate to every person who applies therefor in the prescribed form and meets the requirements of this Act and the regulations.

(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.

(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.

(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.

(5) The Registrar may issue a CVOR certificate subject to any terms and conditions set out in the regulations that the Registrar considers appropriate.

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

(7) A CVOR certificate is not transferable.

[S.O. 1996, c. 33, s. 2]

Section 17.1 Safety ratings

17.1 (1) The Registrar shall assign a safety rating to every operator in accordance with the regulations.

(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.

(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.

(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.

(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.

(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.

(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.

(8) The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom.

(9) The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate.

(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.

(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.

[S.O. 1996, c. 33, s. 3]

Section 18 Holder to report 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.

(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.

[S.O. 1996, c. 33, s. 4]

Section 19 Person deemed to be operator

19. In the absence of evidence to the contrary, where there is no CVOR certificate, lease or contract applicable to a commercial motor vehicle, 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.

Section 20 Retaining lease or contract

20. (1) Every person who gives up possession of a commercial motor vehicle under a lease or contract shall retain a copy of the lease or contract in the person's place of business for a period of one year after the termination of the lease or contract.

(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.

(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.

(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.

(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 Ontario Court (General Division) for an order that the vehicle be released or the permits and plates returned, as the case may be.

(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.

(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

Section 21 Offence

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.

(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.

(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.

[S.O. 1996, c. 33, s. 5]

Section 22 Regulations

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

(a) prescribing forms;

(b) Repealed. [S.O. 1996, c. 33, s. 6(5): "Despite the repeal of clause 22(b), any regulation made under that clause remains in force until it is revoked by the Lieutenant Governor in Council."]

(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 and to hold CVOR certificates and authorizing the Registrar to waive any requirements that are specified in the regulations under the circumstances prescribed therein;

(d.1) prescribing terms and conditions that may attach to CVOR certificates, including the imposition of an expiry date on a certificate;

(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.

(2) The Registrar may set fees, subject to the approval of the Minister, for the issuance, renewal and replacement of CVOR certificates.

[S.O. 1996, c. 33, s. 6]

Section 23 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.

(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.

(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.

(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.

(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.

(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.

24. - 25. Repealed. [S.O. 2002, c. 22, s. 99]

Part III PARKING PERMITS

Section 26 Insurance of disabled person parking permits

26. (1) The Minister shall issue a disabled person parking permit to every person or organization that applies therefor and meets the requirements of the regulations.

(2) A disabled person parking permit is in force during the period of time shown on the permit.

(3) The Minister may cancel a disabled person 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 for establishing a system of disabled parking under the sphere of jurisdiction "highways, including parking and traffic on highways" set out in the Table to section 11 of the Municipal Act, 2001 or passed under section 102 of that Act.

(4) If the Minister cancels a disabled person parking permit, the Minister may refuse to issue a new permit to the holder of the cancelled permit.

[S.O. 2002, c. 17, Sch. F, s. 1]

Section 27 Offence

27. (1) No person shall,

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

(b) display a disabled person parking permit otherwise than in accordance with the regulations;

(d) use a disabled person 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 a disabled person 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 disabled person parking permit.

(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.

[S.O. 2001, c. 32, s. 26]

Section 28 Reasonable inspection

28. (1) Every person having possession of a disabled person parking permit shall, upon 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 for establishing a system of disabled parking under the sphere of jurisdiction "highways, including parking and traffic on highways" set out in the Table to section 11 of the Municipal Act, 2001 or passed under section 102 of that Act are being complied with.

(2) An officer or cadet to whom a disabled person 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;

(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 for establishing a system of disabled parking under the sphere of jurisdiction "highways, including parking and traffic on highways" set out in the Table to section 11 of the Municipal Act, 2001 or passed under section 102 of that Act.

[S.O. 2002, c. 17, Sch. F, s. 1]

29. Repealed. [S.O. 2002, s. 17, Sch. F, s. 1]

Section 30 Regulations

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 disabled person parking permits;

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

(e) governing the manner of displaying disabled person 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 a disabled person parking permit, and prescribing the types, content and location of the signs and markings;

(g) prescribing the conditions of use of a disabled person parking permit on land owned and occupied by the Crown;

(h) requiring and governing the surrender of disabled person 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 disabled person parking permits issued under this Part.

Part IV LICENCES

DRIVER, DRIVING INSTRUCTOR

Section 31 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.

[S.O. 1993, c. 40, s. 1]

Section 32 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.

(2) No person shall drive a street car on a highway unless he or she holds a driver's licence.

(3) No person shall drive, on a highway, a vehicle equipped with air brakes unless the licence of that person is endorsed to permit the driving of a vehicle of that class equipped with air brakes.

(4) The Minister shall endorse the driver's licence of every person who applies therefor and meets the requirements prescribed by the regulations with the endorsement referred to in subsection (3).

(5) The Minister may issue a driver's licence to any person who meets the requirements of this Act and the regulations authorizing the person to drive on a highway,

(a) any motor vehicle within a class or classes of motor vehicles;

(b) subject to any conditions or endorsements; and

prescribed by the regulations and set out or referred to in the licence.

(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.

(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.

(8) Repealed. [S.O. 2002, c. 18, Sch. P, s. 12]

(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.

(10) No person who is the owner or is in possession or control of a motor vehicle shall permit any person to drive the motor vehicle on a highway unless that person holds a driver's licence issued in respect of the class of motor vehicles to which the motor vehicle belongs.

(11) No person who is the owner or is in possession or control of a motor vehicle equipped with air brakes shall permit any person to drive the vehicle on a highway unless the licence of that person is endorsed to permit the driving of a vehicle equipped with air brakes.

(11.1) No person who is the owner or is in possession or control of a motor vehicle shall permit a novice driver, as defined under section 57.1, to drive the motor vehicle on a highway while contravening a condition or restriction imposed upon the notice driver by the regulations.

(12) An applicant for a driver's licence or a person who holds a driver's licence shall submit to the examinations that are authorized by the regulations relating to this section and required by the Minister at the times and places that the Minister may require and the Minister may,

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

(i) issue the licence subject to the conditions or endorsements authorized by the regulations and in respect of the class or classes of motor vehicles that in the opinion of the Minister are justified by the results of the examinations, or

(ii) where the applicant fails to submit to or to successfully complete the examinations, refuse to issue a driver's licence to the applicant; or

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

(i) impose or remove the conditions or endorsements authorized by the regulations or change the class or classes of motor vehicles in respect of which the licence is issued in accordance with the results of the examinations, or

(ii) where the person fails to submit to or to successfully complete the examinations, suspend or cancel the driver's licence held by the person.

(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.

(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;

(d) prescribing classes of drivers' licences;

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

(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) 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 as a condition of retention thereof by the holder of a driver's licence;

(h) prescribing the requirements to be met by an applicant for an endorsement to a driver's licence for any class of vehicle.

(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.

(16) Every person who contravenes subsection (1), (2), (3), (10), (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.

(17) Despite subsection (16), every person who contravenes subsection (1), (3), (9) or (10) 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.

[S.O. 1993, c. 40, s. 2; 1996, c. 20, s. 3; 2002, c. 18, Sch. P, s. 12]

Section 33 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.

(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 the Act.

(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.

[S.O. 1993, c. 40, s. 3]

Section 34 Exemption as to non-residents

34. (1) Section 32 and any regulation made thereunder do not apply to any person who is,

(a) a resident of any other province of Canada, who is at least sixteen years of age and has complied with the law of the province in which he or she resides as to the drivers of motor vehicles; or

(b) a resident of any other country or state,

(i) who is at least sixteen years of age and is the holder of a valid International Driver's Permit, or

(ii) who is at least sixteen years of age and has not resided in Ontario for more than three months in any one year and has complied with the law of the country or state in which he or she resides as to the licensing of drivers of motor vehicles.

(2) Section 32 and any regulation made thereunder do not apply to a person for sixty days after he or she has become a resident of Ontario if during such period he or she holds a subsisting driver's licence in accordance with the laws of the province, country or state of which he or she was a resident immediately before becoming a resident of Ontario.

Section 35 Displaying licence that has been suspended, altered, etc.

35. (1) No person shall,

(a) display or cause or permit to be displayed or have in his or her possession a fictitious, altered or fraudulently obtained driver's licence;

(b) display or cause or permit to be displayed or have in his or her possession a cancelled, revoked or suspended driver's licence other than a Photo Card portion thereof;

(d) display or represent as his or her own a driver's licence not issued to him or her;

(e) apply for, secure or retain in his or her possession more than one driver's licence; or

(f) fail to surrender to the Ministry upon its demand a driver's licence that has been suspended, revoked or cancelled.

(2) In subsection (1), "licence" includes any portion thereof.

(3) Any police officer who has reason to believe that any person has in his or her possession a driver's licence or portion thereof referred to in subsection (1) may take possession of the licence or portion thereof and, where the officer does so, shall forward it to the Registrar upon disposition of the case.

(4) Despite clause (1)(e), a person may hold a second driver's licence if the second licence is,

(a) issued solely to permit the licensee to obtain experience in the driving of a motorcycle for the purpose of qualifying for a driver's licence that authorizes him or her to drive a motorcycle; or

(b) required by any other province or territory of Canada or any state of the United States of America and has been issued in compliance with the law of that province, territory or state.

(5) For the purposes of this section, "driver's licence" includes a licence issued by any other province or territory of Canada or by any state of the United States of America.

Section 36 Driving prohibited while licence suspended

36. A person whose driver's licence or privilege to drive a motor vehicle in Ontario has been suspended has been suspended shall not drive a motor vehicle or street car in Ontario under a driver's licence or permit issued by any other jurisdiction during the suspension.

Section 37 Drivers under 16 prohibited

37.(1) No person under the age of sixteen years shall drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway.

(2) No person shall employ or permit anyone under the age of sixteen years to drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway.

(3) Subsections (1) and (2) do not apply in respect of the driving or operating of a self-propelled implement of husbandry or farm tractor directly across a highway.

Section 38 Motor assisted bicycle drivers under 16 prohibited

38. No person under the age of sixteen years shall drive a motor assisted bicycle on a highway.

Section 39 Prohibition as to letting or hiring

39. (1) No person shall hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is a person licensed to drive a motor vehicle as required by this Act.

(2) Subsection (1) does not apply to a resident of any other province of Canada who does not reside or carry on business in Ontario for more than six consecutive months in any one year or to a resident of a country or state that grants similar exemptions and privileges to residents of Ontario, who does not reside in Ontario for more than three consecutive months in any one year, provided the person is the holder of a driver's licence issued by the province, country or state in which he or she resides.

(3) Every person, whether a resident of Ontario or not, hiring a motor vehicle shall produce his or her driver's licence for the inspection of the person from whom the vehicle is being hired.

Section 40 Agreements with U.S. states

40. (1) The Minister, with the approval of the Lieutenant Governor in Council, may enter into a reciprocal agreement with the government of any state of the United States of America providing for,

(a) the sanctioning by the licensing jurisdiction of drivers from that jurisdiction who commit offences in the other jurisdiction; and

(b) on a driver's change of residence, the issuance of a driver's licence by one jurisdiction in exchange for a driver's licence issued by the other jurisdiction.

(2) The provisions of this Act and the regulations with respect to the licensing of drivers are subject to any agreement made under this section.

Section 41 Suspension on conviction for certain offences

41. (1) Subject to subsections 41.1(1), (2) and (3), the driver's licence of a person who is convicted of an offence,

(a) under section 220, 221 or 236 of the Criminal Code (Canada) committed by means of a motor vehicle or a street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(b) under section 249, 249.1, 252, 253 or 255 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(c) under subsection 254(5) of the Criminal Code (Canada) committed in relation to the driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(d) under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or

(e) referred to in a predecessor to this subsection,

is thereupon suspended,

(f) upon the first conviction, for one year;

(g) upon the first subsequent conviction, for three years; and

(h) upon the second subsequent conviction or an additional subsequent conviction, indefinitely.

(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.

(3) Clauses (1)(g) and (h) do not apply when the subsequent conviction is more than 10 years after the previous conviction.

(3.01) 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).

(3.02) Despite subsections (3) and (3.01), 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).

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

(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.

(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), including a confirmation or variation of the disposition.

(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 subsection (1) apply in respect of an appeal from an order made under subsection (4).

(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.

(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.

[S.O. 1996, c. 20, s. 5; 1997, c. 12, s. 1; 2000, c. 26, Sch. O, s. 1; 2001, c. 9, Sch. O, s. 2]

Section 41.1 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.

(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.

(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.

(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.

(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.

(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.

(7) No action or other proceeding for damages shall be instituted against a person authorized or required by the regulations 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.

(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.

(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.

(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;

(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.

(11) A regulation made under subsection (10) may provide differently for different classes of persons and in different parts of Ontario.

[O. Reg. 1997, c. 12, s. 2]

Section 41.2 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, 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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(9) If the Registrar reduces an indefinite licence suspension in accordance with subsection 41.1(2) 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.

(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.

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

(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.

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

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

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

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

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

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

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

(b) respecting the standards governing the installation, operation and maintenance of approved ignition interlock devices and requiring persons authorized under subsection (14) to comply with those standards;

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

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

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

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

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

(i) respecting any other matter necessary for the administration of this section.

(17) A regulation made under subsection (16) may be general or particular in its application.

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

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

(20) In this section and in section 41.3,

"approved" means approved under clause (16)(a);

"driver's licence" includes a driver's licence issued by any other jurisdiction;

"ignition interlock device" means a device designed to ascertain the presence of alcohol in