text:
Historical version for the period November 29, 2021 to February 28, 2022.
Last amendment: 2021, c. 26, Sched. 3, s. 67.
Legislative History: 1992, c. 20, s. 2; 1993, c. 8; 1993, c. 13, s. 1; 1993, c. 18; 1993, c. 27, Sched.; 1993, c. 31, s. 2; 1993, c. 34; 1993, c. 40; 1994, c. 27, s. 138; 1994, c. 28; 1994, c. 29; 1994, c. 35; 1996, c. 1, Sched. E, s. 2; 1996, c. 9, s. 26; 1996, c. 20 (But see 2009, c. 5, s. 58 and Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 1996, c. 31, s. 68-71 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 1996, c. 32, s. 71; 1996, c. 33, s. 1-17; 1997, c. 4, s. 81; 1997, c. 12; 1997, c. 26, Sched.; 1997, c. 41, s. 120; 1998, c. 5, s. 25-27; 1998, c. 6; 1998, c. 18, Sched. G, s. 56; 1998, c. 28, s. 67; 1998, c. 35, s. 103; 1998, c. 38; 1999, c. 8, s. 7; 1999, c. 12, Sched. B, s. 9; 1999, c. 12, Sched. G, s. 24; 1999, c. 12, Sched. R, s. 1-19 (But see 2009, c. 5, s. 57 and Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 1999, c. 13; 2000, c. 15; 2000, c. 26, Sched. O; 2000, c. 29; 2000, c. 30, s. 10; 2000, c. 35; 2001, c. 4, s. 4; 2001, c. 9, Sched. O; 2001, c. 13, s. 18; 2001, c. 32, s. 26; 2002, c. 4, s. 64; 2002, c. 5, s. 32 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2002, c. 17, Sched. C, s. 15; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. P, s. 1-39 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2002, c. 21; 2002, c. 22, s. 95-100 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2002, c. 24, Sched. B, s. 25; 2002, c. 30, Sched. E, s. 7; 2004, c. 22, s. 1-6; 2004, c. 31, Sched. 18; 2005, c. 14; 2005, c. 26, Sched. A (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2005, c. 31, Sched. 10; 2005, c. 32, s. 2; 2006, c. 11, Sched. B, s. 6; 2006, c. 19, Sched. D, s. 9; 2006, c. 19, Sched. T, s. 4-7; 2006, c. 20; 2006, c. 21, Sched. F, s. 115, 136 (1), 139; 2006, c. 25; 2006, c. 32, Sched. C, s. 24; 2006, c. 32, Sched. D, s. 4; 2006, c. 33, Sched. M; 2007, c. 13, s. 1-24; 2008, c. 8; 2008, c. 17, s. 28-48; 2009, c. 4, s. 1, 2; 2009, c. 5, s. 1-56 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2009, c. 19, s. 68; 2009, c. 33, Sched. 4, s. 3; 2009, c. 33, Sched. 26, s. 3; 2010, c. 16, Sched. 12, s. 2; CTS 20 SE 10 - 4; 2011, c. 9, Sched. 41, s. 3; 2012, c. 8, Sched. 22, s. 20; 2014, c. 9, Sched. 2; 2015, c. 14, s. 4-59, 61; 2015, c. 27, Sched. 7; 2016, c. 5, Sched. 12; 2017, c. 2, Sched. 17; See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006; 2017, c. 9; 2017, c. 26, Sched. 1, s. 31; 2017, c. 26, Sched. 4; 2017, c. 34, Sched. 19, s. 22; 2017, c. 34, Sched. 35, s. 27, 29; 2018, c. 3, Sched. 5, s. 26 (But see 2019, c. 1, Sched. 3, s. 5); 2018, c. 12, Sched. 1, s. 23; 2018, c. 12, Sched. 4, s. 11; 2019, c. 1, Sched. 4, s. 24; 2019, c. 4, Sched. 11; 2019, c. 7, Sched. 17, s. 88; 2019, c. 8, Sched. 1, s. 1-39 (But see 2019, c. 14, Sched. 16, s. 17); 2019, c. 14, Sched. 16, s. 10-16; 2019, c. 15, Sched. 18; 2019, c. 15, Sched. 22, s. 94; 2019, c. 18; 2020, c. 29, Sched. 2; 2020, c. 34, Sched. 23, s. 7; 2020, c. 36, Sched. 20, 2021, c. 13; 2021, c. 26, Sched. 1; 2021, c. 26, Sched. 3, s. 67.
Personal information — authorized requester program
Permit limitations re use of motor vehicle
Regulations re passenger transportation vehicles
PART III.1
Improper use
Minimum age to drive motor assisted, power-assisted bicycle
Minimum age to drive power-assisted bicycle
Minimum age to drive motor assisted bicycle
Condition on licence prohibiting presence of a drug
Short-term administrative licence suspension for presence of drug
Breath testing, drivers of commercial motor vehicles
Driving instructors shall have zero blood alcohol concentration
Second-hand vehicles, trailers, bicycles — offences
Over-dimensional vehicle escorts
Penalty for certain offences
Non-application of municipal by-laws
AUTOMATED SPEED ENFORCEMENT
Use of automated speed enforcement system authorized
SCHOOL BUS CAMERA SYSTEM
Use of automated school bus camera system authorized
AUTOMATED STREET CAR ENFORCEMENT
Use of automated street car enforcement system authorized
Power of police officer to stop vehicles
Power of officer to examine commercial vehicles, road-building machines
1 (1) In this Act,
"bicycle" includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor assisted bicycle; ("bicyclette")
"motor vehicle" includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine; ("véhicule automobile")
(c) is fitted at all times with pedals that are operable to propel the bicycle, and
(d) is capable at all times of being propelled on level ground solely by using muscular power to operate the pedals; ("bicyclette assistée")
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of "power-assisted bicycle" in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 1, s. 1)
"power-assisted bicycle" means,
(a) a pedal-driven bicycle of conventional exposed fork-and-frame bicycle design and appearance that does not resemble a motor scooter or motorcycle and that,
(i) has two or three wheels,
(ii) is fitted at all times with pedals that are always operable to propel the bicycle,
(iii) is capable at all times of being propelled on level ground solely by using muscular power to operate the pedals,
(iv) has steering handlebars,
(v) has wheels that have a width of not less than 35 millimetres and a diameter of not less than 350 millimetres,
(vi) has one or more electric motors that, singly or in combination, have a continuous rated output power not exceeding 500 watts and that is incapable of providing propulsion assistance when the bicycle attains a speed of 32 kilometres per hour or more, and
(vii) weighs not more than 55 kilograms,
(b) a vehicle that has the appearance of a motor scooter, with a seat and an open frame that may be stepped through and a platform on which the rider's feet may rest and that,
(i) meets the description in subclauses (a) (i) to (vi), and
(ii) weighs not more than 120 kilograms,
(c) a vehicle that has the appearance of a motorcycle, with a saddle designed to be straddled and a footrest, pedals or pegs where the rider's feet may remain secure, and that meets the description in subclauses (b) (i) and (ii); ("bicyclette assistée")
"wheelchair" means a chair mounted on wheels driven by muscular or any other kind of power that is designed for and used by a person whose mobility is limited by one or more conditions or functional impairments. ("fauteuil roulant") R.S.O. 1990, c. H.8, s. 1 (1); 1994, c. 27, s. 138 (1); 1999, c. 12, Sched. G, s. 24 (1, 2); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 9 (1); 2009, c. 5, s. 1 (1-7); 2009, c. 33, Sched. 26, s. 3 (1, 2); 2014, c. 9, Sched. 2, s. 1 (1, 2); 2015, c. 27, Sched. 7, s. 1 (1, 2); 2016, c. 5, Sched. 12, s. 1 (1); 2017, c. 2, Sched. 17, s. 1; 2020, c. 34, Sched. 23, s. 7 (1).
(8) Where a suspension or impoundment is imposed under this Act, the period of the suspension or impoundment may be determined by counting 24 hours for each day. 2019, c. 8, Sched. 1, s. 3.
2016, c. 5, Sched. 12, s. 1 (1, 2) - 01/07/2017
1.3 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council or the Minister, as the case may be, considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. 2021, c. 26, Sched. 1, s. 2.
Rolling incorporation by reference
(2) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time. 2021, c. 26, Sched. 1, s. 2.
2 Where by this Act powers are conferred or duties are imposed upon the Ministry, the powers may be exercised and the duties discharged by the Minister. R.S.O. 1990, c. H.8, s. 2.
3 (1) There shall be a Registrar of Motor Vehicles appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. H.8, s. 3 (1).
4 There shall be a Deputy Registrar appointed by the Lieutenant Governor in Council who shall have all the powers and may perform all the duties of the Registrar. R.S.O. 1990, c. H.8, s. 4.
4.1 (1) Anything that the Minister, the Ministry or the Registrar is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. 2019, c. 15, Sched. 18, s. 1.
(2) Anything that any person is required or authorized to do or to provide to the Minister, the Ministry or the Registrar under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry. 2019, c. 15, Sched. 18, s. 1.
Service and delivery by electronic means
(3) Where notice is required or allowed under this Act to be given or delivered to, or served on a person, the notice may be given by electronic means in accordance with the regulations. 2019, c. 15, Sched. 18, s. 1.
Regulations re electronic documents
(a) providing for the use of electronic documents, including electronic licences, permits or certificates, reports, schedules and daily logs when a driver or other person is required by this Act or the regulations to carry, present, keep, display or surrender a document or card, or to display on a number plate evidence of validation of a permit, and in other prescribed situations;
(b) governing the use, issuance, creation, recording, storage, transmission, copying, display, appearance, form or content of electronic documents;
(c) where a regulation described in clause (a) provides for the use of electronic documents, providing that specified requirements set out in this Act or the regulations do not apply;
(d) governing electronic means of giving notice under subsection (3), including the conditions that must be met before using such means, and specifying the provisions of this Act or regulations under which electronic means may be used;
(e) governing the admissibility of electronic documents in court;
(f) governing the circumstances in which the information set out in an electronic document is deemed to be true, and in which the electronic document or a copy or excerpt of it shall be received in evidence as proof of the information set out in it. 2019, c. 15, Sched. 18, s. 1.
(5) In the event of a conflict between a regulation made under this section and this Act, the regulation prevails. 2019, c. 15, Sched. 18, s. 1.
Other law not affected
4.2 (1) The authority to disclose information under this section is in addition to any other authority for the Registrar to disclose information under this Act, under the Freedom of Information and Protection of Privacy Act or under any other Act, and this section does not prohibit any disclosure of information that is not otherwise prohibited. 2020, c. 36, Sched. 20, s. 1.
Permitted purposes and authorized requesters
(2) The Registrar may disclose prescribed personal information obtained under this Act if,
(a) the disclosure is for a purpose listed in Column 1 of the Table to this subsection;
(b) the disclosure is to,
(i) the authorized requester listed in Column 2 of the same item,
(ii) a re-seller engaged by the authorized requester to obtain the information on behalf of the authorized requester, or
(iii) a service provider engaged by the authorized requester to perform services that are consistent with the purpose and that are specified by the authorized requester; and
(c) the authorized requester and the Registrar have entered into an agreement with the Registrar for the Registrar to disclose information to the recipient.
Purpose of disclosure
Authorized requester
Delivery of statutorily mandated government programs or services, where the disclosure is necessary for the delivery of the program or service or for determining or verifying an individual's suitability or eligibility for a program or service.
i. The Crown in right of Canada or an agent of the Crown in right of Canada.
ii. The Crown in right of Ontario or an agent of the Crown in right of Ontario.
Verification of an individual's identity or of other information that relates to that individual, if the individual presented a Ministry-issued document, such as driver's licence, to identify themselves or provide other information about themselves in order to obtain a service or benefit.
iii. The Crown in right of any other province of Canada or an agent of the Crown in right of that province.
iv. The government of a territory of Canada or an agent of that government.
v. A municipality in Canada.
vi. A court in Canada.
vii. A financial institution in Canada.
Investigations for the purpose of enforcing applicable law.
Federal authorities, a provincial authority or a municipal authority in Ontario.
Enforcement respecting the unlawful parking, standing or stopping of a vehicle.
Operators of public or private parking facilities.
The following insurance-related purposes:
i. Underwriting policies of insurance.
ii. Investigating insurance claims.
iii. Conducting insurance-related research.
iv. Verifying driver records collected under this Act.
v. Maintaining driver safety programs.
vi. Other purposes related to persons who have policies of insurance with the insurer or broker.
Persons licensed under the law of any jurisdiction in Canada or the United States as insurers or as brokers.
Verification of employee driving records and maintain driver safety programs, where the employee has consent to the employer obtaining this information from the Registrar.
Employers who require the information.
Operation of the Key Tag Service of The War Amputations of Canada, except respecting an individual who requests under subsection (6) that the Registrar stop disclosing their personal information for this purpose.
The War Amputations of Canada.
Safety recalls of motor vehicles.
Vehicle manufacturers.
Use in litigation or contemplated litigation, or investigations in respect of such litigation.
Persons licensed under the law of any jurisdiction in Canada as,
i. lawyers,
ii. paralegals, or
iii. private investigators.
Use in connection with the service of documents for litigation or contemplated litigation.
Process servers.
Debt collection for a failure to pay a debt owing to the following:
vi. A municipal or private parking authority in Canada.
vii. A court in Canada.
viii. A financial institution in Canada.
ix. An entity that collects tolls in Ontario, including an entity that collects tolls for the Highway 407 or the Highway 407 East.
Collection agencies licensed under the law of any jurisdiction in Canada.
Collection of road tolls owing to the recipient, if the toll is authorized under a statute and the recipient is authorized under statute to collect the toll.
Public or private road tolling authorities in Canada and the United States.
Uses in connection with the repossession of assets.
Bailiffs or assistant bailiffs.
Prescribed purposes.
Prescribed recipients.
2020, c. 36, Sched. 20, s. 1.
Criteria for entering agreement
(3) The Registrar shall consider the prescribed criteria in determining whether to enter into an agreement. 2020, c. 36, Sched. 20, s. 1.
Terms and conditions of agreement
(4) The agreement shall include the prescribed provisions and address the prescribed matters. 2020, c. 36, Sched. 20, s. 1.
(5) The authorized requester shall comply with the agreement and with all laws applicable to the requester respecting personal information. 2020, c. 36, Sched. 20, s. 1.
Opt-out of Key Tag Service
(6) An individual may direct a request to the Registrar to stop disclosing their personal information for the purpose of the operation of the Key Tag Service of The War Amputations of Canada, and the Registrar shall comply with the direction in the prescribed manner. 2020, c. 36, Sched. 20, s. 1.
Same, public information
(7) The Registrar shall make information regarding the process for making a direction under subsection (6) available to the public on a website of the Government of Ontario. 2020, c. 36, Sched. 20, s. 1.
(8) The Registrar shall make the following information available to the public on a website of the Government of Ontario no later than six months after the day section 1 of the Highway Traffic Amendment Act, 2020 comes into force and update it no less than once every twelve months after that, and shall do so in accordance with the regulations, if any:
1. The name of each entity that has an agreement with the Registrar to be an authorized requester.
2. The type of information to be disclosed to the authorized requester under the agreement.
3. The purposes for which the information to be disclosed may be used under the agreement.
4. A comprehensive description of the program under which personal information is disclosed under this section. 2020, c. 36, Sched. 20, s. 1.
No notice under privacy legislation
(9) Any collection, by an institution, of personal information disclosed to the institution under this section is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (1) of the Municipal Freedom of Information and Protection of Privacy Act. 2020, c. 36, Sched. 20, s. 1.
(10) An agreement referred to in subsection (2) includes an agreement entered into before section 1 of the Highway Traffic Amendment Act, 2020 came into force. 2020, c. 36, Sched. 20, s. 1.
(11) The Lieutenant Governor in Council may make regulations governing anything that, in this section, is required or permitted to be prescribed or that is required or permitted to be done by, or in accordance with, the regulations, or as authorized, specified or provided for in the regulations or respecting any matter necessary or advisable to carry out effectively the purpose of this section. 2020, c. 36, Sched. 20, s. 1.
(12) Despite subsection (11), a regulation prescribing personal information, purposes of disclosure or recipients of disclosed information for the purposes of subsection (2) may be made only if the Minister has,
(a) sought written feedback from the Information and Privacy Commissioner on the personal information, purpose or recipient, as the case may be, proposed to be prescribed; and
(b) responded in writing to written feedback from the Information and Privacy Commissioner, if the feedback was provided no later than 30 days after the day the feedback was sought. 2020, c. 36, Sched. 20, s. 1.
"assistant bailiff" has the same meaning as in the Bailiffs Act; ("huissier adjoint")
"bailiff" has the same meaning as in the Bailiffs Act; ("huissier")
"institution" means an institution within the meaning of either of the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, except in the phrase "financial institution"; ("institution")
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act. ("renseignements personnels" ) 2020, c. 36, Sched. 20, s. 1.
5 (1) The Lieutenant Governor in Council may make regulations,
Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, clause 5 (1) (i) of the Act is amended by adding "including an administrative penalty" after "under this Act". (See: 2019, c. 8, Sched. 1, s. 5)
(a) providing for and governing the imposition and payment of administrative penalties payable by persons whose driver's licence has been suspended, including prescribing different penalties based on the number of times the licence has previously been suspended and on the grounds for suspension;
(b) providing for exemptions from payment of an administrative penalty and prescribing conditions and circumstances for any such exemption. 2007, c. 13, s. 5; 2014, c. 9, Sched. 2, s. 2 (1, 2).
(2) Where payment for an administrative penalty is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a further penalty may be imposed. 2007, c. 13, s. 5; 2014, c. 9, Sched. 2, s. 2 (3).
Administrative penalty relevant upon sentencing
(3) Where a court imposes a fine or penalty for an offence that arises from the same circumstances that gave rise to a suspension for which an administrative penalty has been imposed under this section, the court may take the administrative penalty into consideration when determining the fine or penalty for the offence. 2017, c. 26, Sched. 4, s. 2.
(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2008, c. 17, s. 30; 2019, c. 7, Sched. 17, s. 88 (1).
2019, c. 7, Sched. 17, s. 88 (1) - 01/07/2019
6 (1) In this Part,
"permit" means a permit issued under subsection 7 (7) consisting, except when the permit is an IRP cab card, of a vehicle portion and a plate portion; ("certificat d'immatriculation")
"validate" means render in force for the prescribed period of time and "validation" and "validated" have corresponding meanings. ("valider", "validation", "valide") R.S.O. 1990, c. H.8, s. 6 (1); 1999, c. 12, Sched. R, s. 1 (2, 3); 2002, c. 22, s. 95; 2019, c. 4, Sched. 11, s. 1.
7 (1) No person shall drive a motor vehicle on a highway unless,
Note: On March 1, 2022, the day named by proclamation of the Lieutenant Governor, clause 7 (1) (c) of the Act is repealed and the following substituted: (See: 2019, c. 15, Sched. 18, s. 2 (1))
(c) if required under the regulations, evidence of the current validation of the permit is affixed to a number plate in the prescribed manner.
(3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is an IRP cab card. 1999, c. 12, Sched. R, s. 2 (1); 2019, c. 4, Sched. 11, s. 2 (1).
(6) Where the permit is an IRP cab card, any electronic version of the permit must comply with the requirements of the International Registration Plan and with any requirements established by the Ministry for the purpose of this subsection. 2019, c. 4, Sched. 11, s. 2 (2).
3. An offence where the conviction is based on evidence obtained through the use of an automated speed enforcement system.
5. An offence under subsection 175 (19), (19.1), (20) or (20.1). 2015, c. 14, s. 4 (1); 2017, c. 9, s. 1 (1); 2017, c. 26, Sched. 4, s. 3.
(11.1)-(11.3) Repealed: 2015, c. 14, s. 4 (1)
(16) Repealed: 2020, c. 34, Sched. 23, s. 7 (2).
Note: On March 1, 2022, the day named by proclamation of the Lieutenant Governor, clause 7 (24) (f) of the Act is repealed and the following substituted: (See: 2019, c. 15, Sched. 18, s. 2 (2))
(f) governing whether evidence of validation of a permit is required to be affixed to a number plate and 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;
(l.1) prescribing limitations or restrictions on the use of a motor vehicle for which a permit of a specified class is issued;
(l.2) prescribing uses of motor vehicles for which a specified class of permit is required;
(o) prescribing the criteria for the issuance, retention and return of a number plate bearing a requested number. R.S.O. 1990, c. H.8, s. 7 (24); 1994, c. 27, s. 138 (5); 2006, c. 33, Sched. M, s. 2 (2); 2015, c. 14, s. 4 (2); 2015, c. 27, Sched. 7, s. 3; 2020, c. 34, Sched. 23, s. 7 (3).
2015, c. 14, s. 4 (1-3) - 01/05/2017; 2015, c. 27, Sched. 7, s. 3 - 03/12/2015
2017, c. 9, s. 1 (1) - 01/12/2019; 2017, c. 9, s. 1 (2) - no effect - see 2017, c. 9, s. 1 (3); 2017, c. 26, Sched. 4, s. 3 - 01/09/2020
2019, c. 4, Sched. 11, s. 2 (1, 2) - 03/04/2019; 2019, c. 15, Sched. 18, s. 2 (1, 2) - 01/03/2022
Limitations or restrictions
8 (1) No person shall drive or permit the operation of a motor vehicle on a highway except in accordance with any limitations or restrictions on the use of a motor vehicle under the class of permit issued for the motor vehicle. 2020, c. 34, Sched. 23, s. 7 (4).
Prescribed class of permit for specified uses
(2) No person shall drive or permit the operation of a motor vehicle on a highway if the motor vehicle is being used in a way that is required by the regulations to have a specified class of permit unless the permit for the motor vehicle is of the prescribed class. 2020, c. 34, Sched. 23, s. 7 (4).
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 and, in addition, the person's driver's licence may be suspended for a period of not more than one year. 2020, c. 34, Sched. 23, s. 7 (4).
9 (1) Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person's driver's licence or vehicle permit may be suspended for a period of not more than six months. 2008, c. 17, s. 32 (1).
(1.1) Every person who, under this Act, submits a false or inaccurate document or electronic document, or displays, presents or surrenders a document or electronic document that is fictitious, an imitation or altered, is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person's driver's licence or vehicle permit may be suspended for a period of not more than six months. 2019, c. 15, Sched. 18, s. 3 (1).
(1.2) A person is not guilty of an offence under subsection (1) or (1.1) if the person exercised all reasonable care to avoid contravening the provision. 2019, c. 15, Sched. 18, s. 3 (1).
(6) No proceeding for an offence under subsection (1) or (1.1) shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred. 2008, c. 17, s. 32 (2); 2019, c. 15, Sched. 18, s. 3 (2).
10 (1) No owner of a motor vehicle shall drive or permit his, her or its motor vehicle to be driven on a highway unless the motor vehicle has the manufacturer's vehicle identification number permanently affixed. R.S.O. 1990, c. H.8, s. 10 (1).
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,
12 (1) Every person who,
(c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; and
(2) Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Registrar. 1999, c. 12, Sched. R, s. 5 (1); 2017, c. 9, s. 2 (1).
Notice to plate holder
(2.1) The Registrar may cause notice to be given to the holder of a number plate that the number plate is required to be returned to the Ministry. 2017, c. 9, s. 2 (2).
(2.2) Notice under subsection (2.1) is sufficiently given if delivered personally or mailed to the latest address of the holder of the number plate on the records of the Ministry. 2017, c. 9, s. 2 (2).
(2.3) There is no right to be heard before notice is given under subsection (2.1). 2017, c. 9, s. 2 (2).
Cancellation of number plate
(2.4) The Registrar may cancel a number plate if it is not returned within 60 days after the date by which it is required to be returned, but if the Registrar is satisfied that the number plate is damaged, altered, deteriorated or worn such that it may not be accurately photographed by an electronic toll system, automated speed enforcement system or red light camera system, the Registrar may cancel the number plate if it is not returned within 30 days after the required date. 2017, c. 9, s. 2 (2).
(3) For the purpose of subsections (2) to (2.4),
(c) a permit, and
(d) Repealed: 2019, c. 4, Sched. 11, s. 3.
(e) an IRP cab card issued by the Ministry. 1999, c. 12, Sched. R, s. 5 (1); 2019, c. 4, Sched. 11, s. 3; 2017, c. 9, s. 2 (3).
13 (1) No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. R.S.O. 1990, c. H.8, s. 13 (1).
(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 an automated speed enforcement system. 2017, c. 9, s. 3.
14 (1) Where a police officer or an officer appointed under this Act has reason to believe that,
(2) Where a police officer or an officer appointed under this Act has reason to believe that an IRP cab card produced by a driver as being the permit for the vehicle,
the officer may take possession of the IRP cab card and retain it until the facts have been determined. 1999, c. 12, Sched. R, s. 6 (1); 2019, c. 4, Sched. 11, s. 4.
15 (1) Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than six consecutive months in each year if the owner thereof is a resident of some other province of Canada and has complied with the provisions of the law of the province in which the person resides as to registration of a motor vehicle and the display of the registration number thereon, and provided the province of residence grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations. R.S.O. 1990, c. H.8, s. 15 (1).
Definition, ss. 16-23.1
16 (1) In this section and in sections 17 to 23.1,
"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. R.S.O. 1990, c. H.8, s. 16 (1); 1994, c. 27, s. 138 (8); 1996, c. 33, s. 1; 2002, c. 18, Sched. P, s. 3 (1-3); 2009, c. 5, s. 5; 2014, c. 9, Sched. 2, s. 3 (1).
(b) if the operator has been issued fleet limitation certificates, the fleet limitation certificate; and
(c) any other prescribed document, in its original form or as a copy, as prescribed. 2014, c. 9, Sched. 2, s. 3 (2); 2019, c. 15, Sched. 18, s. 4.
17 (1) The Registrar shall issue a CVOR certificate to and renew a CVOR certificate of every person who applies for the certificate or renewal in the form approved by the Minister and meets the requirements of this Act and the regulations. 2002, c. 18, Sched. P, s. 4 (1).
(3.1), (3.2) Repealed: 2014, c. 9, Sched. 2, s. 4.
2017, c. 2, Sched. 17, s. 2 - no effect - see 2014, c. 9, Sched. 2, s. 4 - 01/01/2017
17.0.2 (1) The Registrar may refuse to issue, replace or renew a CVOR certificate if the applicant owes an outstanding fee, fine or administrative penalty, or any interest or penalty that is in respect of such a fee, fine or penalty, under this Act, the Provincial Offences Act, the Public Vehicles Act before its repeal or the Motor Vehicle Transport Act (Canada). 2014, c. 9, Sched. 2, s. 5; 2017, c. 2, Sched. 17, s. 3; 2020, c. 34, Sched. 23, s. 7 (5).
(11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject. 1996, c. 33, s. 3; 2019, c. 7, Sched. 17, s. 88 (2).
18 Repealed: 2014, c. 9, Sched. 2, s. 6.
19 In the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the vehicle shall be deemed to be the operator for the purposes of section 20. 2002, c. 18, Sched. P, s. 6; 2014, c. 9, Sched. 2, s. 7.
20 (1) Every person who gives up possession of a commercial motor vehicle under a lease shall retain a copy of the lease in the person's place of business for a period of one year after the termination of the lease. R.S.O. 1990, c. H.8, s. 20 (1); 2002, c. 18, Sched. P, s. 7.
21 (1) Every person who contravenes subsection 16 (3) or (4) or section 20 or a regulation made under subsection 22 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2014, c. 9, Sched. 2, s. 8.
Note: On July 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2014, c. 9, Sched. 2, ss. 9, 47)
Note: On July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, the French version of subsection 21.1 (6) of the Act is amended. (See: 2019, c. 8, Sched. 1, s. 6 (1))
Note: On July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subsection 21.1 (9) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 6 (2))
(9) The parties to any judicial review brought in respect of this section are,
(a) the person subject to the order imposing an administrative penalty;
(b) the Registrar; and
(c) where applicable, the municipality that employed the prescribed authorized person who imposed the administrative penalty under subsection (2) and the municipality that employed the person prescribed for the purpose of subsection (7). 2019, c. 8, Sched. 1, s. 6 (2).
Note: On July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, clause 21.1 (14) (i) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 6 (3))
(i) governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Registrar or a prescribed person to approve a plan of periodic payments that extends beyond the deadline, and prescribing such persons;
Note: On July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subsection 21.1 (14) of the Act is amended by adding the following clause: (See: 2019, c. 8, Sched. 1, s. 6 (4))
(k.1) governing whether a prescribed portion of a penalty paid shall be credited to the victims' justice fund account continued under subsection 5 (1) of the Victims' Bill of Rights, 1995;
Note: On July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subclause 21.1 (14) (m) (iv) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 6 (5))
(iv) prescribing fees to be paid to commence an appeal or providing that the fees may be established by the municipality that employs the person prescribed for the purpose of subsection (7), and
Note: On July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subsection 21.1 (14) of the Act is amended by adding the following clauses: (See: 2019, c. 8, Sched. 1, s. 6 (6))
(n) where municipalities or persons employed by municipalities are prescribed under clause (a) or (d), governing the manner and means by which the municipalities may do anything to give effect to this section, including impose a penalty, conduct an appeal, collect payments and provide information to the Ministry;
(o) providing for anything necessary or advisable for carrying out the intent and purposes of this section.
22 (1) The Lieutenant Governor in Council may make regulations,
(l) prescribing methods of giving notice and governing the giving of notice by those methods, including prescribing rules governing when notice is deemed to have been received;
(m) exempting any class of owners, operators, drivers or vehicles from any requirement of sections 16 to 23 or of a regulation made under this subsection, and prescribing circumstances and conditions for any such exemption. R.S.O. 1990, c. H.8, s. 22; 1996, c. 33, s. 6 (1-3); 2002, c. 18, Sched. P, s. 9 (1-4); 2014, c. 9, Sched. 2, s. 10; 2015, c. 27, Sched. 7, s. 10 (1, 3).
23 (1) No operator or owner of a commercial motor vehicle shall operate the vehicle or cause or permit the vehicle to be operated on a highway unless, in addition to the minimum liability insurance required under the Compulsory Automobile Insurance Act, motor vehicle liability insurance in the amount prescribed by the regulations is carried for the vehicle with an insurer licensed under the Insurance Act. R.S.O. 1990, c. H.8, s. 23 (1).
(a) prescribing requirements, qualifications and standards for drivers of passenger transportation vehicles;
(b) prescribing requirements, qualifications and standards for owners, lessees and operators of passenger transportation vehicles and for persons who accept, facilitate, broker requests for, advertise or offer transportation in passenger transportation vehicles;
(c) prescribing documents to be retained by persons listed in clause (b), requiring the surrender of such documents and governing their retention and surrender;
(d) prescribing documents to be carried in a passenger transportation vehicle and requiring and governing their surrender;
(e) prescribing standards and specifications for the use, operation, inspection and maintenance of passenger transportation vehicles;
(f) governing tariffs for passenger transportation vehicles and the obligations of persons listed in clause (b) respecting tariffs, including requiring notice to be given of a reduction or discontinuance of service;
(g) prescribing hours of work and periods of rest for drivers of passenger transportation vehicles;
(h) requiring the use of any equipment on or in a passenger transportation vehicle and prescribing standards and specifications of the equipment;
(i) prescribing signs and markings to be displayed on passenger transportation vehicles and governing their display;
(j) prescribing rules applicable to the carrying of passengers, including rules respecting the number of passengers that may be carried, where passengers may ride in passenger transportation vehicles and prohibiting or restricting standing in passenger transportation vehicles;
(k) prescribing requirements related to loading and carrying goods or property on or in passenger transportation vehicles or vehicles drawn by passenger transportation vehicles;
(l) restricting the drawing of trailers behind passenger transportation vehicles and prescribing standards and conditions applicable to the drawing of trailers;
(m) exempting any class of person or vehicle from any regulation made under this subsection and prescribing conditions and circumstances for any such exemption. 2020, c. 34, Sched. 23, s. 7 (6).
Same, insurance for passenger transportation vehicles
(a) requiring owners, lessees and operators of passenger transportation vehicles to carry insurance, and prescribing the form, amount, nature, class, provisions and conditions of the insurance and requirements respecting evidence of such insurance;
(b) prescribing obligations in respect of insurance on persons who accept, facilitate, broker requests for, advertise or offer transportation by persons to whom a regulation made under clause (a) applies;
(c) prescribing obligations of drivers of passenger transportation vehicles with respect to the carrying and surrender of evidence of insurance;
(d) exempting any class of person or vehicle from any regulation made under this subsection and prescribing conditions and circumstances for any such exemption. 2020, c. 34, Sched. 23, s. 7 (6).
Same, reports
(3) The Lieutenant Governor in Council may make regulations requiring owners, lessees or operators of passenger transportation vehicles and persons who accept, facilitate, broker requests for, advertise or offer transportation in passenger transportation vehicles to report to the Ministry on their operations and activities, and governing such reports. 2020, c. 34, Sched. 23, s. 7 (6).
(4) The Ministry shall keep confidential all information reported to it pursuant to a regulation made under subsection (3) but it may disclose summaries or analyses that include information derived from the reports. 2020, c. 34, Sched. 23, s. 7 (6).
(5) Subsection (4) prevails over the Freedom of Information and Protection of Privacy Act. 2020, c. 34, Sched. 23, s. 7 (6).
(6) A person who contravenes a regulation made under subsection (1) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000. 2020, c. 34, Sched. 23, s. 7 (6).
Same, insurance-related offences
(7) A person who contravenes a regulation made under clause (2) (a) or (b) is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on each subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, the person's driver's licence may be suspended for a period of not more than one year. 2020, c. 34, Sched. 23, s. 7 (6).
(8) A person who contravenes a regulation made under clause (2) (c) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000. 2020, c. 34, Sched. 23, s. 7 (6).
Limitation on prosecutions
(9) No proceeding for an offence under subsection (2) shall be instituted more than three years after the facts on which the proceeding is based are alleged to have occurred. 2020, c. 34, Sched. 23, s. 7 (6).
"passenger transportation vehicle" means a bus or other motor vehicle that is used to transport passengers for compensation, but does not include a vehicle operated by or on behalf of a municipality as part of a passenger transportation system within the municipality. 2020, c. 34, Sched. 23, s. 7 (6).
25 Repealed: 2002, c. 22, s. 99.
26 (1) The Minister shall issue an accessible parking permit to every person or organization that applies for it and meets the requirements of the regulations. 2009, c. 33, Sched. 26, s. 3 (3).
27 (1) No person shall,
28 (1) Every person having possession of an accessible parking permit shall, on the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking are being complied with. 2009, c. 33, Sched. 26, s. 3 (5); 2015, c. 27, Sched. 7, s. 12 (1).
29 Repealed: 2002, c. 17, Sched. F, Table.
30 The Lieutenant Governor in Council may make regulations,
30.1 In this Part,
"electric vehicle" means,
(a) a battery electric vehicle that runs only on a battery and an electric drive train, or
(b) a plug-in hybrid electric vehicle that runs on a battery and an electric drive train, and also uses an internal combustion engine; ("véhicule électrique")
"electric vehicle charging station" means a publicly or privately-owned parking space that provides access to equipment that supplies a source of electricity for charging electric vehicles. ("station de recharge pour véhicules électriques") 2019, c. 18, s. 1.
30.2 No person shall park a vehicle in an electric vehicle charging station that is identified by a sign that satisfies the prescribed requirements unless the vehicle is an electric vehicle and the vehicle is attached to the station's charging equipment. 2019, c. 18, s. 1.
30.3 A person who contravenes section 30.2 is guilty of an offence and on conviction is liable to a fine of $125. 2019, c. 18, s. 1.
30.4 The Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or advisable for the purposes of this Part, including,
(a) prescribing requirements for a sign for the purposes of section 30.2;
(b) providing for exemptions from this Part. 2019, c. 18, s. 1.
31 The purpose of this Part is to protect the public by ensuring that,
32 (1) No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver's licence issued to him or her under this Act. R.S.O. 1990, c. H.8, s. 32 (1).
Note: On July 1, 2022, the day named by proclamation of the Lieutenant Governor, subsection (14) is amended by adding the following clause: (See: 2014, c. 9, Sched. 2, ss. 11 (1), 47)
(17) Despite subsection (16), every person who contravenes subsection (1), (3), (9), (10), (10.1), (11) or (11.1) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000. 2002, c. 18, Sched. P, s. 12 (10); 2014, c. 9, Sched. 2, s. 11 (2).
2014, c. 9, Sched. 2, s. 11 (1) - 01/07/2022; 2014, c. 9, Sched. 2, s. 11 (2) - 01/01/2017
33 (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).
34 (1) Section 32 and any regulation made thereunder do not apply to any person who is,
36 A person whose driver's licence or privilege to drive a motor vehicle in Ontario 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. R.S.O. 1990, c. H.8, s. 36.
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. R.S.O. 1990, c. H.8, s. 37 (1).
38 (1) No person under the age of 16 years shall drive or operate a motor assisted bicycle or power-assisted bicycle on a highway. 2009, c. 5, s. 8.
(2) No person who is the owner or is in possession or control of a motor assisted bicycle or power-assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor assisted bicycle or power-assisted bicycle on a highway. 2009, c. 5, s. 8.
Note: On a day to be named by proclamation of the Lieutenant Governor, section 38 of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 1, s. 3)
38 (1) No person under the age of 14 years shall operate a power-assisted bicycle described in clause (a) of the definition of "power-assisted bicycle" on a highway. 2021, c. 26, Sched. 1, s. 3.
(2) No person who is the owner or is in possession or control of a power-assisted bicycle referred to in subsection (1) shall permit a person who is under the age of 14 years to operate the power-assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3.
(3) No person under the age of 16 years shall operate a power-assisted bicycle described in clause (b) or (c) of the definition of "power-assisted bicycle" on a highway. 2021, c. 26, Sched. 1, s. 3.
38.1 (1) No person under the age of 16 years shall ride on, drive or operate a motor assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3.
(2) No person who is the owner or is in possession or control of a motor assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor assisted bicycle on a highway. 2021, c. 26, Sched. 1, s. 3.
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. R.S.O. 1990, c. H.8, s. 39 (1).
(a) Repealed: 2020, c. 34, Sched. 23, s. 7 (7).
(b.1) a city by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006;
except under the authority of such licence, permit or authorization. 2005, c. 26, Sched. A, s. 4; 2015, c. 27, Sched. 7, s. 13 (1); 2020, c. 29, Sched. 2, s. 1 (1); 2020, c. 34, Sched. 23, s. 7 (7).
(8) Every person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $30,000. 2020, c. 29, Sched. 2, s. 1 (2).
"owner" means, in the absence of evidence to the contrary, the holder of the permit or the plate portion of the permit for the vehicle. 2014, c. 9, Sched. 2, s. 12; 2020, c. 29, Sched. 2, s. 1 (3).
2020, c. 29, Sched. 2, s. 1 (1-3) - 30/11/2020; 2020, c. 34, Sched. 23, s. 7 (7) - 01/07/2021
40 (1) The Minister may enter into a reciprocal agreement with the government of any province or territory of Canada or of any state of the United States of America providing for,
41 (1) The driver's licence of a person who is convicted of an offence,
(b) under section 320.13, 320.16 or 320.17 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;
(b.1) Repealed: 2019, c. 8, Sched. 1, s. 7 (2).
(c) under section 320.14 or 320.15 of the Criminal Code (Canada) committed in relation to,
is thereupon suspended, subject to any continuation under subsection (4.1) or early reinstatement under section 57,
(h) upon the second subsequent conviction or an additional subsequent conviction, indefinitely. 1997, c. 12, s. 1 (1); 2001, c. 9, Sched. O, s. 2; 2006, c. 20, s. 1; 2007, c. 13, s. 6 (1); 2009, c. 5, s. 10; 2015, c. 14, s. 6 (1); 2019, c. 8, Sched. 1, s. 7 (1-3).
(9) Where a conviction is made under the Criminal Code (Canada) in relation to an offence set out in subsection (1) or section 42, and that conviction is reported to the Ministry without a section number or as having taken place under section 320.19, 320.2, 320.21 or 320.24 of the Criminal Code (Canada), the conviction shall be treated as if it were made and reported under the applicable provision of the Criminal Code (Canada) set out in subsection (1) or section 42. 2019, c. 8, Sched. 1, s. 7 (4).
41.1 Repealed: 2015, c. 14, s. 7.
2015, c. 14, s. 7 - 01/07/2018; 2015, c. 14, s. 61 (4) - 02/06/2015
41.4 (1) Where a police officer is satisfied that a person was driving a motor vehicle in contravention of a condition imposed on the person's driver's licence under a conduct review program under section 57 that prohibits him or her from driving a motor vehicle that is not equipped with an ignition interlock device, the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner,
(b) be impounded for seven days from the time it was detained. 2009, c. 5, s. 11; 2010, c. 16, Sched. 12, s. 2 (1); 2015, c. 14, s. 8.
(13) There is no appeal from, or right to be heard before, a vehicle detention or impoundment under subsection (1). 2009, c. 5, s. 11; 2019, c. 8, Sched. 1, s. 2.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41.4 (18) of the Act is amended by striking out "police force" wherever it appears and substituting in each case "police service". (See: 2019, c. 1, Sched. 4, s. 24 (1))
(b) in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle. 2009, c. 5, s. 11; 2014, c. 9, Sched. 2, s. 14.
2018, c. 3, Sched. 5, s. 26 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019
2019, c. 1, Sched. 4, s. 24 (1) - not in force; 2019, c. 8, Sched. 1, s. 2 - 06/06/2019
42 (1) The driver's licence of a person who is convicted of an offence under section 320.18 of the Criminal Code (Canada) or under a provision that is enacted by another jurisdiction, including by a municipality in another jurisdiction, and is designated in a reciprocal agreement entered into under section 40 is thereupon suspended for a period of,
in addition to any other period for which the licence is suspended and consecutively thereto. R.S.O. 1990, c. H.8, s. 42 (1); 2009, c. 5, s. 12 (1); 2019, c. 8, Sched. 1, s. 8.
43 (1) Where the licence of a person who is subject to an order made under section 320.24 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized snow vehicle, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension. 2006, c. 20, s. 2; 2009, c. 5, s. 13; 2019, c. 8, Sched. 1, s. 9 (1).
"an order made under section 320.24 of the Criminal Code (Canada)" includes an order made under a section of the Criminal Code (Canada) referred to in a predecessor to this section. 2019, c. 8, Sched. 1, s. 9 (2).
44 (1) Where an order is made under section 320.24 of the Criminal Code (Canada) or under subsection 41 (4) of this Act and the court or judge, when sentencing the offender or making the conviction, orders the imprisonment of the offender and that the period of prohibition or suspension, as the case may be, shall start to run on the termination of the imprisonment, the suspension imposed by subsection 41 (1) of this Act is thereupon increased by the period of imprisonment. R.S.O. 1990, c. H.8, s. 44 (1); 2019, c. 8, Sched. 1, s. 10.
Age of drivers
(7.1) Any distinction described in this section based upon the age of a person applies despite the Human Rights Code. 2017, c. 26, Sched. 4, s. 4.
44.2 (1) It is a condition of the driver's licence of every novice driver that there be no drug in his or her body, as indicated by approved drug screening equipment, while he or she is driving a motor vehicle on a highway. 2017, c. 26, Sched. 4, s. 5.
(2) It is a condition of the driver's licence of every young driver that there be no drug in his or her body, as indicated by approved drug screening equipment, while he or she is driving a motor vehicle on a highway. 2017, c. 26, Sched. 4, s. 5.
(3) Subsection (1) or (2), as the case may be, does not apply where a police officer is satisfied that the driver is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment. 2017, c. 26, Sched. 4, s. 5.
(4) Every novice driver who contravenes the condition of his or her driver's licence imposed under subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500. 2017, c. 26, Sched. 4, s. 5.
(5) If a novice driver is convicted of an offence under subsection (4), the Registrar may suspend, cancel or change his or her driver's licence in accordance with the regulations. 2017, c. 26, Sched. 4, s. 5.
(6) Every young driver who contravenes the condition of his or her driver's licence imposed under subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and his or her driver's licence is thereupon suspended for 30 days. 2017, c. 26, Sched. 4, s. 5.
(7) The suspension of a driver's licence under this section is intended to ensure that novice drivers and young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2017, c. 26, Sched. 4, s. 5.
(a) governing the suspension or cancellation of drivers' licences of novice drivers or the change in respect of their class for the purpose of subsection (5);
(b) defining "approved drug screening equipment" for the purposes of this section and sections 48.0.2, 48.0.3 and 48.0.4. 2017, c. 26, Sched. 4, s. 5.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44.2 (8) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 11 (1))
(8) The Lieutenant Governor in Council may make regulations governing the suspension or cancellation of drivers' licences of novice drivers or the change in respect of their class for the purpose of subsection (5). 2019, c. 8, Sched. 1, s. 11 (1).
(9) Any distinction described in this section based upon the age of a person applies despite the Human Rights Code. 2017, c. 26, Sched. 4, s. 5.
"approved drug screening equipment" has the meaning prescribed by the regulations; ("matériel de détection des drogues approuvé")
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of "approved drug screening equipment" in subsection 44.2 (10) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 11 (2))
"approved drug screening equipment" means drug screening equipment that is designed to ascertain the presence of a drug in a person's body and that is prescribed by or approved under the Criminal Code (Canada); ("matériel de détection des drogues approuvé")
"young driver" means a driver who is under 22 years old. ("jeune conducteur") 2017, c. 26, Sched. 4, s. 5.
2019, c. 8, Sched. 1, s. 11 (1, 2) - not in force
45 A provincial judge or justice of the peace by whom a person is convicted of a contravention of this Act, if the person convicted is required to hold a driver's licence and does not hold the licence, may declare him or her disqualified to hold a licence for the time that the provincial judge or justice of the peace thinks fit and shall so report with the certificate of the conviction to the Minister. R.S.O. 1990, c. H.8, s. 45.
46 (1) This section applies if a fine is imposed on conviction for an offence and the offence is an offence,
(b.1) under subsection 12 (1) of the Cannabis Control Act, 2017;
(d) under subsection 42 (1) of the Liquor Licence and Control Act, 2019 or subsection 32 (1) of the Liquor Licence Act, as it read immediately before it was repealed; or
(d.1) under clause 17.1 (1) (a) of the Smoke-Free Ontario Act, 2017; or
(e) that was committed under a section of the Criminal Code (Canada) referred to in section 41, 42 or 43. 1993, c. 31, s. 2 (6); 1997, c. 41, s. 120; 2001, c. 9, Sched. O, s. 3; 2002, c. 18, Sched. P, s. 14 (1); 2007, c. 13, s. 9; 2017, c. 26, Sched. 1, s. 31; 2018, c. 12, Sched. 1, s. 23; 2018, c. 12, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 12; 2019, c. 15, Sched. 22, s. 94.
(d) an applicable prescribed administrative fee for handling a dishonoured payment has not been paid. 1993, c. 31, s. 2 (6); 2017, c. 2, Sched. 17, s. 4.
Public Vehicles Act, before its repeal
Note: On July 1, 2023, the day named by proclamation of the Lieutenant Governor, the Schedule to section 46 of the Act is amended by adding "Towing and Storage Safety and Enforcement Act, 2021". (See: 2021, c. 26, Sched. 3, s. 67 (1))
1993, c. 31, s. 2 (6); 2002, c. 18, Sched. P, s. 14 (2); 2020, c. 34, Sched. 23, s. 7 (8).
Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to section 46 of the Act is repealed and the following substituted: (See: 2017, c. 34, Sched. 19, s. 22 (1))
High Occupancy Toll (HOT) Lanes Act, 2017
2017, c. 34, Sched. 19, s. 22 (1).
Note: On the later of the day subsection 22 (1) of Schedule 19 of the Stronger, Fairer Ontario Act (Budget Measures), 2017 comes into force and the day section 2 of Schedule 23 (Public Vehicles Repeal Act, 2020) to the Better for People, Smarter for Business Act, 2020 comes into force, the Schedule to section 46 of the Act is amended by striking out "Public Vehicles Act" and substituting "Public Vehicles Act, before its repeal". (See: 2020, c. 34, Sched. 23, s. 7 (9))
Note: On the later of the day subsection 22 (1) of Schedule 19 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 comes into force and the day subsection 67 (1) of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force, the Schedule to section 46 of the Act is amended by adding "Towing and Storage Safety and Enforcement Act, 2021". (See: 2021, c. 26, Sched. 3, s. 67 (2))
2017, c. 2, Sched. 17, s. 4 - 22/03/2017; 2017, c. 26, Sched. 1, s. 31 - 17/10/2018; 2017, c. 34, Sched. 19, s. 22 (1) - not in force
2018, c. 12, Sched. 1, s. 23 - 16/11/2018; 2018, c. 12, Sched. 4, s. 11 - 17/10/2018
2019, c. 8, Sched. 1, s. 12 (1) - 06/06/2019; 2019, c. 8, Sched. 1, s. 12 (2) - 01/12/2020; 2019, c. 15, Sched. 22, s. 94 - 29/11/2021
2020, c. 34, Sched. 23, s. 7 (8) - 01/07/2021; 2020, c. 34, Sched. 23, s. 7 (9) - not in force
2021, c. 26, Sched. 3, s. 67 (1) - 01/07/2023; 2021, c. 26, Sched. 3, s. 67 (2) - not in force
47 (1) Subject to section 47.1, the Registrar may, by order, suspend or cancel,
(g) any other sufficient reason not referred to in clause (d), (e) or (f). R.S.O. 1990, c. H.8, s. 47 (1); 1996, c. 33, s. 7 (1, 2); 2014, c. 9, Sched. 2, s. 15 (1).
is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 47 (8); 1996, c. 33, s. 7 (7); 2014, c. 9, Sched. 2, s. 15 (3).
(10) The Registrar may, at any time, for misconduct or contravention of this Act or any regulation by an owner or lessee of one or more motor vehicles or trailers for which permits have been issued by a jurisdiction or jurisdictions other than the Province of Ontario, order that the permit and number plates issued for the vehicle or vehicles be seized. 2002, c. 18, Sched. P, s. 15 (3); 2020, c. 34, Sched. 23, s. 7 (10).
(11) Any police officer or officer appointed for carrying out this Act may seize the permit and number plates pursuant to an order under subsection (10) and deliver them to the Ministry, which shall return them to the authority that issued them. 2002, c. 18, Sched. P, s. 15 (3); 2020, c. 34, Sched. 23, s. 7 (11).
2020, c. 34, Sched. 23, s. 7 (10, 11) - 01/07/2021
48 (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 320.27 or 320.28 of the Criminal Code (Canada). 2007, c. 13, s. 10; 2019, c. 8, Sched. 1, s. 1.
(2) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert" or otherwise indicates that the concentration of alcohol in the person's blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may request that the person surrender his or her driver's licence. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (2); 2019, c. 8, Sched. 1, s. 1.
(3) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 320.27 or 320.28 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request that the person surrender his or her driver's licence. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (4); 2019, c. 8, Sched. 1, s. 1.
(5) The licence suspension under this section runs concurrently with a suspension, if any, under section 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1. 2009, c. 5, s. 15 (6); 2015, c. 14, s. 9 (1); 2017, c. 26, Sched. 4, s. 6.
(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (2) or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 320.27 or 320.28 of the Criminal Code (Canada). 2009, c. 5, s. 15 (8); 2019, c. 8, Sched. 1, s. 1.
(9) There is no appeal from, or right to be heard before, the suspension of a driver's licence under this section. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (9); 2019, c. 8, Sched. 1, s. 2.
"vessel" means a vessel within the meaning of section 320.11 of the Criminal Code (Canada). ("bateau") 2007, c. 13, s. 10; 2009, c. 5, s. 15 (11); 2015, c. 14, s. 9 (4); 2019, c. 8, Sched. 1, s. 13.
2019, c. 8, Sched. 1, s. 1, 13 - 01/12/2020; 2019, c. 8, Sched. 1, s. 2 - 06/06/2019
1. The person has performed physical co-ordination tests under section 320.27 of the Criminal Code (Canada) in connection with the driving or the care, charge or control of a motor vehicle or with the operating or the care or control of a vessel.
2. The person has performed or submitted to tests or examinations prescribed by regulation for the purpose of this section, if any, in connection with the driving or the care, charge or control of a motor vehicle or with the operating or the care or control of a vessel. 2015, c. 14, s. 10; 2019, c. 8, Sched. 1, s. 14.
(5) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1. 2015, c. 14, s. 10; 2017, c. 26, Sched. 4, s. 7.
Licence surrendered — novice drivers
48.0.2 (1) Where a novice driver driving or having the care, charge or control of a motor vehicle has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the novice driver has a drug in his or her body, the police officer shall request the novice driver to surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 8; 2019, c. 8, Sched. 1, s. 1.
(2) Upon a request being made under subsection (1), the novice driver to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for,
(b) seven days, in the case of a second suspension under this section; and
(c) 30 days, in the case of a third or subsequent suspension under this section. 2017, c. 26, Sched. 4, s. 8.
(3) A previous suspension that took effect more than five years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension for the purpose of subsection (2). 2017, c. 26, Sched. 4, s. 8.
(4) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1. 2017, c. 26, Sched. 4, s. 8.
(5) A person has no right to be heard before the suspension of a driver's licence under this section. 2017, c. 26, Sched. 4, s. 8.
(6) Subsections 48.1 (9) to (12) and (13.1) to (15) apply to this section with necessary modifications. 2017, c. 26, Sched. 4, s. 8.
(7) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment, the officer shall not request that the driver surrender his or her driver's licence under subsection (1). 2017, c. 26, Sched. 4, s. 8.
"approved drug screening equipment" has the meaning prescribed by the regulations made under section 44.2; ("matériel de détection des drogues approuvé")
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of "approved drug screening equipment" in subsection 48.0.2 (8) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 15)
"approved drug screening equipment" has the same meaning as in section 44.2; ("matériel de détection des drogues approuvé")
"novice driver" has the meaning prescribed by the regulations made under section 57.1. ("conducteur débutant") 2017, c. 26, Sched. 4, s. 8.
2019, c. 8, Sched. 1, s. 1 - 01/12/2020; 2019, c. 8, Sched. 1, s. 15 - not in force
Licence surrendered — young drivers
48.0.3 (1) Where a young driver driving or having the care, charge or control of a motor vehicle has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the young driver has a drug in his or her body, the police officer shall request the young driver to surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 8; 2019, c. 8, Sched. 1, s. 1.
(2) Upon a request being made under subsection (1), the young driver to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the young driver is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for,
Licence surrendered — commercial motor vehicle drivers
48.0.4 (1) Where a driver or person having care, charge or control of a commercial motor vehicle has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the driver or person has a drug in his or her body, the police officer shall request the driver or person to surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 8; 2019, c. 8, Sched. 1, s. 1.
(2) Upon a request being made under subsection (1), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for three days from the time the request is made. 2017, c. 26, Sched. 4, s. 8.
(5) Subsections 48 (10) to (13) and (17) to (19) apply to this section with necessary modifications. 2017, c. 26, Sched. 4, s. 8.
(6) Where a police officer is satisfied that a person driving or having the care, charge or control of a commercial motor vehicle is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment, the officer shall not request that the driver surrender his or her driver's licence under subsection (1). 2017, c. 26, Sched. 4, s. 8.
"approved drug screening equipment" has the meaning prescribed by the regulations made under section 44.2. 2017, c. 26, Sched. 4, s. 8.
"approved drug screening equipment" has the same meaning as in section 44.2.
(4) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers "Warn", "Alert" or "Presence of Alcohol" or otherwise indicates that the novice driver has alcohol in his or her body, or, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), fails or refuses to provide a sample of breath, the police officer may request the novice driver to surrender his or her licence. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (3); 2009, c. 5, s. 16 (1); 2019, c. 8, Sched. 1, s. 1.
(5) Upon a request being made under subsection (3) or (4), the novice driver to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended from the time of the request for,
(c) 30 days, in the case of a third or subsequent suspension under this section. 2017, c. 26, Sched. 4, s. 9 (1).
(5.1), (5.2) Repealed: 2017, c. 26, Sched. 4, s. 9 (1).
(5.3) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.2.1, 48.2.2, 48.3 or 48.3.1. 2009, c. 5, s. 16 (5); 2015, c. 14, s. 11 (1); 2017, c. 26, Sched. 4, s. 9 (2).
(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3) or (4), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 320.27 or 320.28 of the Criminal Code (Canada). 2009, c. 5, s. 16 (7); 2019, c. 8, Sched. 1, s. 1.
(8.1) There is no appeal from, or right to be heard before, the suspension of a driver's licence under this section. 2009, c. 5, s. 16 (8); 2019, c. 8, Sched. 1, s. 2.
(15) With respect to a driver's licence issued by another jurisdiction, instead of the person's driver's licence being suspended, the person's privilege to drive a motor vehicle in Ontario is suspended for the applicable period specified in subsection (5) and this section and section 53 apply to the suspension of that privilege with necessary modifications. 2015, c. 14, s. 11 (4); 2017, c. 26, Sched. 4, s. 9 (3).
2017, c. 26, Sched. 4, s. 9 (1-3) - 01/07/2018
2019, c. 8, Sched. 1, s. 1 - 01/12/2020; 2019, c. 8, Sched. 1, s. 2 - 06/06/2019
48.2 (1) Where a police officer has brought a novice driver to a stop under the authority of this Act, and the police officer reasonably suspects that the accompanying driver has alcohol in his or her body, the police officer may, for the purposes of determining whether the novice driver is in compliance with the conditions and restrictions imposed upon novice drivers by this Act and the regulations, demand that the accompanying driver provide forthwith a sample of breath into an approved screening device as defined in section 320.27 or 320.28 of the Criminal Code (Canada) as if he or she was the person operating the motor vehicle. 1993, c. 40, s. 5; 2015, c. 27, Sched. 7, s. 15; 2019, c. 8, Sched. 1, s. 1.
(2) Where, upon demand of a police officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device, as defined in section 320.27 or 320.28 of the Criminal Code (Canada), registers "Warn", "Alert" or "Fail" or otherwise indicates that the concentration of alcohol in the accompanying driver's blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may direct the novice driver not to drive a motor vehicle on a highway except in compliance with the regulations respecting novice drivers. 1993, c. 40, s. 5; 2007, c. 13, s. 12 (1); 2019, c. 8, Sched. 1, s. 1.
(5) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a young driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert" or otherwise indicates that the young driver has alcohol in his or her body, the police officer may request that the young driver surrender his or her driver's licence. 2009, c. 5, s. 18; 2019, c. 8, Sched. 1, s. 1.
(6) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a young driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of that section, indicates the presence of alcohol in the young driver's body, the police officer may request that the young driver surrender his or her driver's licence. 2009, c. 5, s. 18; 2019, c. 8, Sched. 1, s. 1.
(8) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3), (4) or (5), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 320.27 or 320.28 of the Criminal Code (Canada). 2009, c. 5, s. 18; 2019, c. 8, Sched. 1, s. 1.
(10) Upon a request being made under subsection (3), (4), (5) or (6), the young driver to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the young driver is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended from the time of the request for,
(c) 30 days, in the case of a third or subsequent suspension under this section. 2017, c. 26, Sched. 4, s. 10 (1).
(11), (12) Repealed: 2017, c. 26, Sched. 4, s. 10 (1).
(13) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.2, 48.3 or 48.3.1. 2009, c. 5, s. 18; 2015, c. 14, s. 12 (1); 2017, c. 26, Sched. 4, s. 10 (2).
(16) There is no appeal from, or right to be heard before, the suspension of a driver's licence under this section. 2009, c. 5, s. 18; 2019, c. 8, Sched. 1, s. 2.
(23) With respect to a driver's licence issued by another jurisdiction, instead of the person's driver's licence being suspended, the person's privilege to drive a motor vehicle in Ontario is suspended for the applicable period specified in subsection (10) and this section and section 53 apply to the suspension of that privilege with necessary modifications. 2015, c. 14, s. 12 (5); 2017, c. 26, Sched. 4, s. 10 (3).
48.2.2 (1) Subsections (2) and (3) apply and subsections (4) and (5) do not apply if the police officer who stops a driver of a commercial motor vehicle uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsections (4) and (5) apply and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section. 2017, c. 26, Sched. 4, s. 11.
(2) Where a driver or person having care, charge or control of a commercial motor vehicle has provided a sample of breath under section 48 which, on analysis, registers "Pass" or otherwise indicates that the driver or person has no alcohol in his or her body, but the police officer reasonably suspects that the driver or person has alcohol in his or her body, the police officer may, for the purposes of determining the concentration of alcohol in the driver's or person's blood, demand that he or she provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken. 2017, c. 26, Sched. 4, s. 11.
(3) Where, upon demand of a police officer made under subsection (2), a driver of a commercial motor vehicle fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers "Presence of Alcohol" or otherwise indicates that the driver has alcohol in his or her body, the police officer may request that the driver surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 11.
(4) Where a driver of a commercial motor vehicle fails or refuses to provide a sample of breath or provides a sample of breath under section 48 which, on analysis registers "Warn", "Alert" or "Presence of Alcohol" or otherwise indicates that the driver has alcohol in his or her body, the police officer may request that the driver surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 11.
(5) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a driver of a commercial motor vehicle provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert" or otherwise indicates that the driver has alcohol in his or her body, the police officer may request that the driver surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 1.
(6) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a driver of a commercial motor vehicle provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of that section, indicates the presence of alcohol in the driver's body, the police officer may request that the driver surrender his or her driver's licence. 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 1.
(7) Where an analysis of the breath of the driver is made under subsection (3), (4) or (5) and registers "Warn", "Alert" or "Presence of Alcohol" or otherwise indicates that the driver has alcohol in his or her body, the driver may require that a second analysis be performed if the driver requests the second analysis immediately after the police officer requests the surrender of his or her driver's licence under any of those subsections. 2017, c. 26, Sched. 4, s. 11.
(8) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3), (4) or (5), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 320.27 or 320.28 of the Criminal Code (Canada). 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 1.
(9) Where a driver of a commercial motor vehicle provides a sample of breath for the second analysis requested under subsection (7) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (3), (4) or (5) continues or terminates accordingly. 2017, c. 26, Sched. 4, s. 11.
(10) Upon a request being made under subsection (3), (4), (5) or (6), the driver to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the driver is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for three days from the time the request is made. 2017, c. 26, Sched. 4, s. 11.
(11) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.3 or 48.3.1. 2017, c. 26, Sched. 4, s. 11.
(12) The provincially approved screening device shall not be calibrated to register "Presence of Alcohol" if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 10 milligrams of alcohol in 100 millilitres of blood, and despite anything in this section, the reading shown on a provincially approved screening device for "Presence of Alcohol" may be another term or symbol that conveys the same meaning. 2017, c. 26, Sched. 4, s. 11.
(13) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by subsection (12). 2017, c. 26, Sched. 4, s. 11.
(14) There is no appeal from, or right to be heard before, the suspension of a driver's licence under this section. 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 2.
(15) The suspension of a driver's licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2017, c. 26, Sched. 4, s. 11.
(16) Every police officer who asks for the surrender of a driver's licence under this section shall,
(d) forward to the Registrar such other material or information as may be prescribed by the regulations. 2017, c. 26, Sched. 4, s. 11.
(17) If the commercial motor vehicle of a driver of a commercial motor vehicle whose driver's licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 2017, c. 26, Sched. 4, s. 11.
(18) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 2017, c. 26, Sched. 4, s. 11.
(19) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 2017, c. 26, Sched. 4, s. 11.
(20) The Lieutenant Governor in Council may make regulations prescribing other material or information to be forwarded to the Registrar under clause (16) (d). 2017, c. 26, Sched. 4, s. 11.
(b) a screening device that meets the standards of the Alcohol Test Committee of the Canadian Society of Forensic Sciences. ("appareil de détection approuvé par la province") 2017, c. 26, Sched. 4, s. 11.
(22) With respect to a driver's licence issued by another jurisdiction, instead of the person's driver's licence being suspended, the person's privilege to drive a motor vehicle in Ontario is suspended for the applicable period specified in subsection (10), and this section and section 53 apply to the suspension of that privilege with necessary modifications. 2017, c. 26, Sched. 4, s. 11.
1. The person is shown, by an analysis of breath or blood taken pursuant to a demand made under section 320.28 of the Criminal Code (Canada) or pursuant to judicial authorization under the Criminal Code (Canada), to have a concentration of alcohol in his or her blood of 80 milligrams or more in 100 millilitres of blood.
2. The person failed or refused, in response to a demand made under section 320.27 or 320.28 of the Criminal Code (Canada),
iii. to submit to an evaluation. 2009, c. 5, s. 19 (1); 2019, c. 8, Sched. 1, s. 1, 18 (1); 2021, c. 26, Sched. 1, s. 4.
(7.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, or 48.3.1. 2009, c. 5, s. 19 (1); 2015, c. 14, s. 13 (3); 2017, c. 26, Sched. 4, s. 12.
"vessel" means a vessel within the meaning of section 320.11 of the Criminal Code (Canada). ("bateau") 1996, c. 20, s. 8; 2006, c. 20, s. 4 (2); 2019, c. 8, Sched. 1, s. 18 (2).
2019, c. 8, Sched. 1, s. 1, 18 (1, 2) - 01/12/2020
1. The person has been evaluated by an evaluating officer under subsection 320.28 (2) of the Criminal Code (Canada) in connection with the driving or the care, charge or control of a motor vehicle or with the operating or the care or control of a vessel.
2. The person has performed or submitted to tests or examinations prescribed by regulation for the purpose of this section, if any, in connection with the driving or the care, charge or control of a motor vehicle or with the operating or the care or control of a vessel. 2015, c. 14, s. 14; 2019, c. 8, Sched. 1, s. 19 (1).
(4) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2 or 48.3. 2015, c. 14, s. 14; 2017, c. 26, Sched. 4, s. 13.
(6) If an evaluating officer conducts an evaluation of a person under subsection 320.28 (2) of the Criminal Code (Canada), the evaluating officer's determination as to whether the person's ability to operate a motor vehicle or vessel is or, at the time the person was driving or having the care, charge or control of the motor vehicle or operating or having the care or control of the vessel for which the evaluation was conducted, was impaired by a drug or by a combination of a drug and alcohol, governs, and any suspension that was imposed under section 48.0.1 arising out of the same circumstances for which the evaluation was conducted is continued or terminates accordingly. 2015, c. 14, s. 14; 2019, c. 8, Sched. 1, s. 19 (2).
"evaluating officer" has the same meaning as in section 320.11 of the Criminal Code (Canada); ("agent évaluateur")
"vessel" means a vessel within the meaning of section 320.11 of the Criminal Code (Canada). ("bateau") 2015, c. 14, s. 14; 2019, c. 8, Sched. 1, s. 19 (3, 4).
(b) in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle. ("utilisateur") 2009, c. 5, s. 20; 2014, c. 9, Sched. 2, s. 16.
49 Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act. 1999, c. 12, Sched. G, s. 24 (3).
50 (1) Every person aggrieved by a decision of the Minister made under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision or order of the Registrar under section 17 or 47 may appeal the decision to the Tribunal. 2002, c. 18, Sched. P, s. 17; 2014, c. 9, Sched. 2, s. 17 (1).
(2) The Tribunal may confirm, modify or set aside the decision or order of the Minister or Registrar. R.S.O. 1990, c. H.8, s. 50 (2); 1999, c. 12, Sched. G, s. 24 (6); 2014, c. 9, Sched. 2, s. 17 (3).
(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subsection 32 (5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or an order of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice. 2002, c. 18, Sched. P, s. 17; 2014, c. 9, Sched. 2, s. 17 (4).
(i) that the person whose licence was suspended is not the same individual to whom a demand was made under section 320.28 of the Criminal Code (Canada), or
(ii) that the person failed or refused to comply with a demand made under section 320.27 or 320.28 of the Criminal Code (Canada) because he or she was unable to do so for a medical reason;
(i) that the person whose licence was suspended is not the same individual who submitted to an evaluation under subsection 320.28 (2) of the Criminal Code (Canada), or
(ii) that the person's ability to operate a motor vehicle or vessel was not impaired by a drug or by a combination of a drug and alcohol, and the person had a medical condition, at the time of the activity for which the suspension was imposed, that impaired his or her performance of the evaluation that was conducted under subsection 320.28 (2) of the Criminal Code (Canada). 2015, c. 14, s. 16 (2); 2019, c. 8, Sched. 1, s. 20; 2021, c. 26, Sched. 1, s. 5.
(c) that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver's licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then under suspension or subject to the condition described in paragraph 2 of subsection 55.1 (1); or
(d) that the impoundment will result in exceptional hardship. 2009, c. 5, s. 22; 2015, c. 14, s. 17.
51 Every person who drives a motor vehicle the permit for which is under suspension or has been cancelled is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 51.
52 (1) Where a person's driver's licence is suspended, notice of the suspension is sufficiently given if delivered personally or,
53 (1) Every person who drives a motor vehicle or street car on a highway while his or her driver's licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,
54 Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed for all the purposes of this Act or the regulations to be a person whose permit or licence, as the case may be, has been suspended. R.S.O. 1990, c. H.8, s. 54.
55 If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal. R.S.O. 1990, c. H.8, s. 55; 1996, c. 33, s. 10.
55.1 (1) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway in one of the following circumstances, the officer shall detain the motor vehicle that was being driven by the person:
(30) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (29) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 2009, c. 5, s. 24; 2019, c. 7, Sched. 17, s. 88 (3).
(m) prescribing rules, time periods and procedures with respect to applications under subsection (14). 2009, c. 5, s. 24; 2015, c. 14, s. 18 (2).
(b) in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")
(b) in subsections (2), (3), (4), (6), (7), (10), (11), (12), (13), (17), (19), (22), (23) and (27), the person whose name appears on the plate portion. ("propriétaire") 2009, c. 5, s. 24; 2014, c. 9, Sched. 2, s. 19.
2019, c. 1, Sched. 4, s. 24 (3) - not in force; 2019, c. 7, Sched. 17, s. 88 (3) - 01/07/2019
55.2 (1) Where a police officer is satisfied that a person was driving a motor vehicle on a highway while his or her driver's licence is under suspension (other than under section 32, 41, 42, 43, 46 or 47 or for a reason prescribed under clause 55.1 (38) (f.1)), the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner,
56 (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars. 2005, c. 26, Sched. A, s. 5.
57 (1) The Lieutenant Governor in Council may make regulations establishing conduct review programs for persons who are applicants for or holders of a licence, permit or certificate under this Act. 2007, c. 13, s. 16.
(d) establish and govern ignition interlock programs, including an ignition interlock program for the purposes of section 320.18 of the Criminal Code (Canada), and programs that require the installation and use of other devices in motor vehicles that may affect the operation of the vehicle and may record and transmit data from the vehicle;
(h) provide for and govern the suspension, cancellation, reinstatement or change of class of a licence, permit or certificate, and the imposition and removal of any condition, restriction, limitation or endorsement on a licence, permit or certificate, in specified circumstances including for failure to successfully complete a conduct review program or any feature or stage of a conduct review program or as part of an ignition interlock program referred to in section 320.18 of the Criminal Code (Canada);
(k) require that participants in a conduct review program prepare or obtain and keep specified records and submit them as specified in the regulation to the Ministry during the program and at its conclusion. 2007, c. 13, s. 16; 2015, c. 14, s. 20 (1, 2); 2019, c. 8, Sched. 1, s. 21 (1, 2).
(4.1) A regulation made under clause (4) (h) may not provide for the reinstatement of a driver's licence suspended by court order, except for a court order made under section 320.24 of the Criminal Code (Canada). 2015, c. 14, s. 20 (3); 2019, c. 8, Sched. 1, s. 21 (3); 2021, c. 26, Sched. 1, s. 6.
(18) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsections (16) and (17) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (16) or (17) to which it would otherwise be subject. 2007, c. 13, s. 16; 2019, c. 7, Sched. 17, s. 88 (4).
(20) Despite subsection (19), every person who contravenes this section, a regulation made under this section or a condition imposed on a driver's licence under a conduct review program established under this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000. 2015, c. 14, s. 20 (4), 61 (3).
2019, c. 7, Sched. 17, s. 88 (4) - 01/07/2019; 2019, c. 8, Sched. 1, s. 21 (1-3) - 01/12/2020
58 (1) An individual shall not provide a prescribed class of driving instruction for compensation except under the authority of a driving instructor licence issued under this section that authorizes the individual to provide that class of driving instruction. 2005, c. 26, Sched. A, s. 8.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 58 (11) of the Act is amended by striking out "police services board" and substituting "police service board". (See: 2019, c. 1, Sched. 4, s. 24 (5))
(12) Repealed: 2014, c. 9, Sched. 2, s. 21.
2019, c. 1, Sched. 4, s. 24 (5) - not in force
58.0.1 (1) Every driving instructor shall have a blood alcohol concentration of zero, as indicated by a provincially approved screening device, while providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway. 2019, c. 8, Sched. 1, s. 22.
Driving instructors shall have zero presence of drug
(2) No driving instructor shall have a drug in his or her body, as indicated by approved drug screening equipment, while providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway. 2019, c. 8, Sched. 1, s. 22.
(3) Subsection (2) does not apply where a police officer is satisfied that the driving instructor is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment. 2019, c. 8, Sched. 1, s. 22.
Testing — alcohol
(4) Where a driving instructor is providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway and the motor vehicle has been brought to a stop by a police officer under the authority of this Act, and the police officer reasonably suspects that the driving instructor has alcohol in his or her body, the police officer may, for the purposes of determining whether the driving instructor is in compliance with this section, demand that the driving instructor provide forthwith a sample of breath into a provincially approved screening device, and the driving instructor shall provide a suitable sample. 2019, c. 8, Sched. 1, s. 22.
(5) Where testing under subsection (4) indicates the driving instructor has alcohol in his or her body, the driving instructor may require that a second analysis be performed in accordance with the requirements set out in subsections 48.2 (3), (3.1), (3.2), (4) and (5), with any necessary modifications. 2019, c. 8, Sched. 1, s. 22.
Testing — drugs
(6) Where a driving instructor is providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway and the motor vehicle has been brought to a stop by a police officer under the authority of this Act, and the police officer reasonably suspects that the driving instructor has a drug or drugs in his or her body, the police officer may, for the purposes of determining whether the driving instructor is in compliance with this section, demand that the driving instructor provide forthwith a sample of oral fluid for analysis by approved drug screening equipment, and the driving instructor shall provide a suitable sample. 2019, c. 8, Sched. 1, s. 22.
"driving instructor" means an individual licensed as a driving instructor under section 58, and includes a driving instructor who occupies any seating position within a motor vehicle; ("moniteur de conduite automobile")
"provincially approved screening device" has the same meaning as in subsection 48.2.1 (22). ("appareil de détection approuvé par la province") 2019, c. 8, Sched. 1, s. 22.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 58.1 (14) of the Act is amended by striking out "police services board" and substituting "police service board". (See: 2019, c. 1, Sched. 4, s. 24 (6))
59 (1) No person shall deal in motor vehicles or trailers, operate a used car lot or engage in the business of wrecking or dismantling of vehicles without having been licensed so to do by the Ministry in respect of each separate premises used by the person for the purpose of the business. R.S.O. 1990, c. H.8, s. 59 (1).
60 (1) Every person who buys, sells, wrecks or otherwise deals in second-hand motor vehicles, trailers or bicycles shall keep the prescribed records of all motor vehicles, trailers or bicycles bought, sold or wrecked. 2019, c. 15, Sched. 18, s. 5 (1).
(8) The Lieutenant Governor in Council may make regulations prescribing records that shall be kept for the purposes of subsection (1). 2019, c. 15, Sched. 18, s. 5 (2).
61 In this Part,
62 (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (1).
(11) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every commercial motor vehicle or combination of a commercial motor vehicle and a trailer having a length in excess of 9.2 metres or a width in excess of 2.05 metres shall carry three lighted lamps displaying amber lights at the front, and three lighted lamps displaying red lights at the rear, and the lights of each colour shall be evenly placed not less than 150 millimetres nor more than 310 millimetres apart along a horizontal line as near the top of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer as the permanent structure permits, and shall be visible for distances of 150 metres from the front and rear respectively of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer. R.S.O. 1990, c. H.8, s. 62 (11); 2020, c. 34, Sched. 23, s. 7 (12).
(14) Subject to subsections (14.1), (15) and (17.1), no person shall use a lamp, other than turning signal lamps or the vehicular hazard warning signal lamps commonly known as four way flashers, that produces intermittent flashes of red light. 2017, c. 2, Sched. 17, s. 5.
Red and blue lights restricted
(14.1) In addition to the lighting requirements in this Part, a vehicle described in subsection (14.2) may carry lamps that cast red and blue lights, but no other motor vehicle shall carry lamps that cast red and blue lights. 2017, c. 26, Sched. 4, s. 14 (1).
(14.2) The following are vehicles to which subsection (14.1) applies:
1. An ambulance, fire department vehicle or police department vehicle.
5. A prescribed class or type of vehicle, driven by a prescribed class of persons or engaged in a prescribed activity or in prescribed conditions or circumstances. 2017, c. 26, Sched. 4, s. 14 (1).
2. A ministry vehicle operated by an officer appointed for carrying out the provisions of this Act, while the officer is in the course of his or her employment.
5. A prescribed class or type of vehicle, driven by a prescribed class of persons or engaged in a prescribed activity or in prescribed conditions or circumstances. 1998, c. 35, s. 103; 2002, c. 4, s. 64; 2002, c. 18, Sched. P, s. 19 (2); 2007, c. 13, s. 17 (3, 4); 2009, c. 19, s. 68 (1); 2020, c. 34, Sched. 23, s. 7 (13).
(17) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be placed on its rear. 2015, c. 14, s. 21 (2).
(d) prescribing classes or types of vehicles, classes of drivers, activities, conditions and circumstances for the purpose of paragraph 5 of subsection (14.2) and paragraph 5 of subsection (15.1);
(f) governing the training, qualifications and certification of persons prescribed under clause (d) or (e) or who may drive vehicles prescribed under those clauses. R.S.O. 1990, c. H.8, s. 62 (21); 2002, c. 18, Sched. P, s. 19 (3); 2007, c. 13, s. 17 (6); 2017, c. 26, Sched. 4, s. 14 (2).
(26) Subject to subsection (28), every vehicle, other than a motor vehicle, motor assisted bicycle, bicycle (except a unicycle) or a vehicle referred to in subsection (24), (25) or (27), when on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, shall carry in a conspicuous position on the left side a lighted lamp which shall display a white light to the front and a red light to the rear or a lighted lamp which shall display a white light to the front and a lighted lamp which shall display a red light to the rear, and any lamp so used shall be clearly visible at a distance of at least 150 metres from the front and the rear of the vehicle, as the case may be. 2009, c. 5, s. 28 (2).
(b) a person operating a vehicle as permitted by subsection (14.1), together with a lamp that produces intermittent flashes of red light. 2007, c. 13, s. 17 (8); 2017, c. 26, Sched. 4, s. 14 (3).
(33) Every person who contravenes subsection (1), (6), (7), (9), (10), (11), (13), (14), (14.1), (15), (16.1), (22), (24), (25), (26), (29), (31) or (32) or who contravenes a regulation made under subsection (21) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 13; 2007, c. 13, s. 17 (9); 2014, c. 9, Sched. 2, s. 22.
2017, c. 2, Sched. 17, s. 5 - 22/03/2017; 2017, c. 26, Sched. 4, s. 14 (1-3) - 01/07/2018
63 Every vehicle that is equipped with a right hand drive shall, unless it is equipped with a mechanical or electrical signal device as described in subsection 142 (6), have prominently displayed on the rear thereof, in bold face letters of not less than 50 millimetres in height and of a colour which is in contrast to that of the vehicle, the words,
64 (1) Every motor vehicle, other than a motorcycle, when driven on a highway shall be equipped with at least two braking systems, each with a separate means of application and effective on at least two wheels, one of which shall be adequate to stop the vehicle as required by regulations made by the Ministry and the other of which shall be adequate to hold the vehicle stationary. R.S.O. 1990, c. H.8, s. 64 (1).
(2) Every motorcycle, motor assisted bicycle or power-assisted bicycle when being driven on a highway shall be equipped with at least two braking systems, each with a separate means of application, with one effective on the front wheel and one effective on the rear wheel. 2009, c. 5, s. 29 (1).
(9) Every person who contravenes subsection (1), (5) or (7) or a regulation made under subsection (6) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle or any trailer within the meaning of subsection (5) that is drawn by a commercial motor vehicle, on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 14; 2014, c. 9, Sched. 2, s. 23.
65 (1) No person shall sell, offer for sale or install,
66 (1) Every motor vehicle other than a motorcycle shall be equipped with,
(6) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle or a trailer that is drawn by a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 15; 2014, c. 9, Sched. 2, s. 24.
67 No person shall drive upon a highway a motor vehicle, other than a commercial motor vehicle, that has attached thereto any mirror or mirrors that extend more than 305 millimetres from the side of the vehicle, except when the motor vehicle is towing another vehicle. R.S.O. 1990, c. H.8, s. 67.
68 Every bus when driven on a highway shall be equipped with a speedometer which shall be maintained in good working order. R.S.O. 1990, c. H.8, s. 68.
(a) Repealed: 2014, c. 9, Sched. 2, s. 25.
(j) exempting any person or class of persons or any commercial motor vehicle or class of commercial motor vehicles from any requirement or provision of this section or of a regulation made under this section and prescribing conditions and circumstances for any such exemption. 2008, c. 8, s. 1; 2014, c. 9, Sched. 2, s. 25.
69 (1) All self-propelled vehicles other than traction engines, and all trailers having a gross weight in excess of 1,820 kilograms, shall be equipped with rubber tires or tires of some composition equally resilient, and a vehicle shall not be operated on any highway with a tire that is broken or defective in such a manner as to cause additional impact or pounding on or cutting of the highway, and in the case of motor vehicles and trailers equipped with solid rubber tires there shall be at least 31.5 millimetres of rubber between the wheel rim and the roadway. R.S.O. 1990, c. H.8, s. 69 (1).
(4.1) Despite subsection (4), every person who contravenes this section or any regulation made under this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 16; 2014, c. 9, Sched. 2, s. 26.
71 (1) In this section,
73 (1) No person shall drive a motor vehicle upon a highway,
75 (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).
(a) a motor assisted bicycle with an attached motor that is driven entirely by electricity; or
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, subsection 75 (3) of the Act is repealed. (See: 2019, c. 14, Sched. 16, s. 10)
2019, c. 14, Sched. 16, s. 10 - 01/04/2022
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2019, c. 14, Sched. 16, s. 11)
75.1 (1) No person shall drive or cause or permit to be driven on a highway a motor vehicle that does not comply with the regulations respecting emissions. 2019, c. 14, Sched. 16, s. 11.
Tampering
(2) No person shall tamper, or cause or permit a person to tamper, by,
(a) removing, bypassing, defeating or rendering inoperative all or part of a motor vehicle's emission control system; or
(b) modifying a motor or motor vehicle in any way that results in increased emissions from the level to which it was originally designed or certified by the manufacturer of the motor or motor vehicle. 2019, c. 14, Sched. 16, s. 11.
Sale of tampering devices
(3) No person shall sell or offer for sale a system or device the main purpose of which is to carry out any of the actions described in subsection (2). 2019, c. 14, Sched. 16, s. 11.
Offence, emissions contravention
(4) Every person who contravenes subsection (1) or a regulation referred to in it is guilty of an offence and on conviction is liable,
(a) if the vehicle is not a commercial motor vehicle, to a fine of not less than $300 and not more than $1,000; and
(b) if the vehicle is a commercial motor vehicle, to a fine of not less than $400 and not more than $20,000. 2019, c. 14, Sched. 16, s. 11.
Offence, tampering or sale of tampering devices
(5) Every person who contravenes subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2019, c. 14, Sched. 16, s. 11.
Penalty, tampering, multiple items
(6) If an offence under subsection (5) involves more than one emission control system, motor, motor vehicle, system or device, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (5), multiplied by the number of emission control systems, motors, motor vehicles, systems or devices. 2019, c. 14, Sched. 16, s. 11.
(a) governing emissions for the purpose of subsection (1), including governing emission control equipment standards, emission control performance standards and tests to be used to determine compliance with regulations respecting emissions;
(b) defining "emission control system" and any other word or expression used in this section that is not already defined in this Act;
(c) exempting any person or class of persons or any motor vehicle or class of motor vehicles from any requirement or provision of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption. 2019, c. 14, Sched. 16, s. 11.
Same, amendments to adopted documents
(8) If a regulation made under this section adopts a document by reference, the regulation may adopt the document as it may be amended from time to time. 2019, c. 14, Sched. 16, s. 11.
Same, when adoption of amendment effective
(9) The adoption of an amendment of a document that has been adopted by reference comes into effect upon the amended document being posted on a Government of Ontario website. 2019, c. 14, Sched. 16, s. 11.
76 (1) No person shall operate a slow moving vehicle on a highway unless a slow moving vehicle sign is attached, in accordance with the regulations,
3. Motor vehicles towing an implement of husbandry.
4. Road-building machines. 1994, c. 28, s. 1; 2009, c. 5, s. 32; 2016, c. 5, Sched. 12, s. 4.
77 (1) Every person travelling on a highway with a sleigh or sled drawn by a horse or other animal shall have at least two bells attached to the harness or to the sleigh or sled in such a manner as to give ample warning sound. R.S.O. 1990, c. H.8, s. 77 (1).
78 (1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver. 2009, c. 4, s. 1.
(5) Every person who contravenes this section is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $500 and not more than $1,000;
(b) for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and
(c) for a second subsequent or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000. 2017, c. 26, Sched. 4, s. 15.
(6) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver's licence,
(a) for a first offence, for three days;
(b) for a first subsequent offence, for seven days; and
(c) for a second subsequent or an additional subsequent offence, for 30 days. 2017, c. 26, Sched. 4, s. 15.
(7) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (5) or (6). 2017, c. 26, Sched. 4, s. 15.
(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable,
(6.2) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver's licence,
(6.3) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2). 2017, c. 26, Sched. 4, s. 16.
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12; 2017, c. 2, Sched. 17, s. 6.
80 (1) No motor vehicle, other than a motor vehicle in which there is a person licensed to drive a motor vehicle on a highway, trailer or other object or device shall be drawn by a motor vehicle or farm tractor on a highway unless there are two separate means of attachment so constructed and attached that the failure of one such means will not permit the motor vehicle, trailer, object or device being drawn to become detached; but this section does not apply to a trailer, object or device attached or coupled to the towing vehicle by means of a fifth wheel attachment or to a trailer or other object or device when drawn directly across a highway by a farm tractor. R.S.O. 1990, c. H.8, s. 80.
(2) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 18; 2014, c. 9, Sched. 2, s. 27.
81 The Lieutenant Governor in Council may make regulations requiring any type or class of commercial motor vehicle or trailer to be equipped with rear bumpers and prescribing the location and means of attachment of the bumpers and prescribing the specifications for the bumpers. R.S.O. 1990, c. H.8, s. 81.
(b) in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to the commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. 1999, c. 12, Sched. R, s. 14; 2014, c. 9, Sched. 2, s. 28.
(2) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the driver of any vehicle, other than a bicycle that is not a power-assisted bicycle, to stop, move the vehicle to a safe location as directed by the officer and submit the vehicle, together with its equipment and any vehicle drawn by it, to the examinations and tests that the officer may consider expedient. 2017, c. 2, Sched. 17, s. 7.
(3) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the owner of a vehicle, other than a bicycle that is not a power-assisted bicycle, and the operator of a commercial motor vehicle to submit the vehicle, together with its equipment and, in the case of a commercial motor vehicle, any vehicle drawn by it, to the examinations and tests that the officer may consider expedient. 2017, c. 2, Sched. 17, s. 7.
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, section 82 of the Act is amended by adding the following subsection: (See: 2019, c. 14, Sched. 16, s. 12)
(8.1) An examination or test under this section may involve accessing information from the vehicle's computer system. 2019, c. 14, Sched. 16, s. 12.
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted: (See: 2015, c. 14, s. 25)
2016, c. 5, Sched. 12, s. 5 (1, 2) - no effect - see 2017, c. 2, Sched. 17, s. 17 (1) - 22/03/2017
2017, c. 2, Sched. 17, s. 7, 17 (1) - 22/03/2017
"permit" means the permit issued under subsection 7 (7). ("certificat d'immatriculation") 1997, c. 12, s. 10; 2002, c. 18, Sched. P, s. 23; 2009, c. 5, s. 33 (1); 2014, c. 9, Sched. 2, s. 29.
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, clause (a) is repealed and the following substituted: (See: 2015, c. 14, s. 26)
(32) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (31) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 1997, c. 12, s. 10; 2019, c. 7, Sched. 17, s. 88 (5).
84 (1) No person shall drive or operate or permit the driving or operation upon a highway of a vehicle, a street car or vehicles that in combination are in a dangerous or unsafe condition. R.S.O. 1990, c. H.8, s. 84; 2009, c. 33, Sched. 26, s. 3 (9).
"wheel" includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. ("roue") 2005, c. 26, Sched. A, s. 13 (2, 3); 2014, c. 9, Sched. 2, s. 31.
85 (1) No person shall operate or permit to be operated on a highway a vehicle of a type or class prescribed by the regulations made under clause 87 (a) unless the vehicle displays, affixed in the place and manner prescribed in the regulations, a device issued by the Ministry as evidence that the inspection requirements and performance standards prescribed by the regulations have been complied with. R.S.O. 1990, c. H.8, s. 85 (1).
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted: (See: 2015, c. 14, s. 27)
(1) No person shall operate or permit to be operated on a highway a vehicle of a type or class prescribed by the regulations made under clause 87 (b) unless,
(b) where permitted by the regulations and in a form prescribed by the regulations, the vehicle has attached to it or is associated with another type of proof of inspection issued by a vehicle inspection centre. 2015, c. 14, s. 27; 2019, c. 8, Sched. 1, s. 23.
86 No person shall issue a safety standards certificate or affix a vehicle inspection sticker except a certificate or sticker provided by the Ministry. R.S.O. 1990, c. H.8, s. 86.
Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 86 is repealed. (See: 2015, c. 14, s. 28)
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, clause (c) is repealed and the following substituted: (See: 2015, c. 14, s. 29)
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, clause (d) is repealed and the following substituted: (See: 2015, c. 14, s. 29)
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, clause (e) is repealed and the following substituted: (See: 2015, c. 14, s. 29)
88 In this section and in sections 89 to 100,
89 The Minister shall appoint an officer of the Ministry to be the Director of Vehicle Inspection Standards for purposes of sections 88 to 100. R.S.O. 1990, c. H.8, s. 89.
90 (1) No person other than a licensee or a person authorized in writing by the licensee shall issue a safety standards certificate. R.S.O. 1990, c. H.8, s. 90 (1).
91 (1) No person shall establish, operate or maintain a motor vehicle inspection station except under the authority of a licence issued by the Director under this Act and the Director may issue a licence for a motor vehicle inspection station subject to the conditions that the Director may specify in the licence. R.S.O. 1990, c. H.8, s. 91 (1).
92 (1) No person shall sign a vehicle inspection record as mechanic or certify in a safety standards certificate that a vehicle complies with the standards of equipment and performance prescribed by the regulations unless the person is registered by the Director as a motor vehicle inspection mechanic in a motor vehicle inspection station and the Director may so register any person for whom application is made under subsection (2). R.S.O. 1990, c. H.8, s. 92 (1).
93 The Director may revoke the registration of a motor vehicle inspection mechanic where,
94 (1) Where the Director issues a licence under this Act and the licensee is dissatisfied with the conditions thereof prescribed by the Director, he or she may by written notice given to the Director and the Tribunal require a hearing by the Tribunal, and the Tribunal shall appoint a time for and hold a hearing. R.S.O. 1990, c. H.8, s. 94 (1); 1999, c. 12, Sched. G, s. 24 (16).
95 (1) Where the Director proposes,
96 (1) The Director, the applicant, licensee, registrant or proposed registrant who has required the hearing and the other persons that the Tribunal may specify are parties to proceedings before the Tribunal under this Act. R.S.O. 1990, c. H.8, s. 96 (1); 1999, c. 12, Sched. G, s. 24 (16).
97 Except where otherwise provided, any notice required by sections 88 to 96 or the regulations to be served may be served personally or by registered mail addressed to the person to whom notice is to be given at the person's latest known address and, where notice is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing 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 until a later date. R.S.O. 1990, c. H.8, s. 97.
98 (1) The Minister may appoint one or more persons as inspectors for the purposes of sections 88 to 99 and the regulations and the appointments shall be in writing. R.S.O. 1990, c. H.8, s. 98 (1).
99 (1) Subject to subsection (1.1), any person who contravenes sections 88 to 98 or the regulations made under section 100 is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 21.
100 (1) The Lieutenant Governor in Council may make regulations,
Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 100 is repealed. (See: 2015, c. 14, s. 30)
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 14, s. 31 (1))
Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 100.1 is repealed. (See: 2015, c. 14, s. 31 (2))
2015, c. 14, s. 31 (1) - 01/04/2022; 2015, c. 14, s. 31 (2) - 01/01/2025
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 14, s. 32)
Note: On April 1, 2022, the later of the day section 33 of Schedule 17 (Crown Liability and Proceedings Act, 2019) to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force and the day section 32 of the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 comes into force, subsection 100.3 (3) of the Act is amended by striking out "subsections 5 (2) and (4) of the Proceedings Against the Crown Act" and substituting "subsection 8 (3) of the Crown Liability and Proceedings Act, 2019". (See: 2019, c. 7, Sched. 17, s. 88 (6))
Note: On April 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 14, s. 34)
Note: On April 1, 2022, the day section 35 of the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 comes into force, clause 100.7 (1) (c) of the Act is amended by striking out "standards that" and substituting "standards, including emission control standards, that". (See: 2019, c. 14, Sched. 16, s. 13)
Note: On April 1, 2022, the day section 35 of the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 comes into force, subclause 100.8 (1) (e) (iii) of the Act is amended by striking out "standards that" and substituting "standards, including emission control standards, that". (See: 2019, c. 14, Sched. 16, s. 14)
101 The Lieutenant Governor in Council may make regulations,
103 (1) Every commercial motor vehicle shall have attached to or painted on both sides of the vehicle in a clearly visible position a sign showing the name of the owner. 2014, c. 9, Sched. 2, s. 32 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, clause 103.1 (3) (a) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 1, s. 7)
(a) governing power-assisted bicycles, prescribing and governing equipment, requirements and standards for power-assisted bicycles, and governing the use and operation of power-assisted bicycles;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause 103.1 (3) (b) of the Act is repealed. (See: 2021, c. 26, Sched. 1, s. 7)
104 (1) No person shall ride or operate a motorcycle or motor assisted bicycle on a highway unless the person is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. R.S.O. 1990, c. H.8, s. 104 (1); 2015, c. 14, s. 36 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 104 (2.2) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 1, s. 8)
(2.2) Subject to subsection (2.3), no parent or guardian of a person under the age of 16 years shall authorize or knowingly permit that person to ride or operate a bicycle on a highway unless the person is wearing a bicycle helmet as required by subsection (2.1). 2021, c. 26, Sched. 1, s. 8.
Same, power-assisted bicycle
(2.3) If the bicycle is a power-assisted bicycle, no parent or guardian of a person under the age of 16 years shall authorize or knowingly permit that person to ride on or operate a power-assisted bicycle on a highway unless the person is wearing a helmet as required by subsection (1) or (2.1). 2021, c. 26, Sched. 1, s. 8.
105 (1) No person who deals in motor vehicles, trailers, conversion units or trailer converter dollies shall sell or offer to sell a new motor vehicle, trailer, conversion unit or trailer converter dolly that does not conform to the standards required under the Motor Vehicle Safety Act (Canada). 1993, c. 34, s. 1; 2016, c. 5, Sched. 12, s. 6 (1).
106 (1) No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative, modified so as to reduce its effectiveness or is not operating properly through lack of maintenance. 2006, c. 25, s. 1.
107 (1) Every operator shall establish a system, and prepare and keep a written record of that system, to periodically inspect and maintain all commercial motor vehicles and vehicles drawn by commercial motor vehicles that are under the operator's control and that are operated or drawn on the highway. 2005, c. 26, Sched. A, s. 16.
(o) exempting any person or class of persons or any vehicle or class or type of vehicles from any provision of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption. 2005, c. 26, Sched. A, s. 16; 2014, c. 9, Sched. 2, s. 33.
108 In this Part,
109 (1) Subject to sections 110 and 110.1, no vehicle including load or contents shall have a greater width than 2.6 metres while on a highway except,
(6.1) Subsection (6) does not apply to a fire apparatus, a full trailer, a semi-trailer, a bus, a recreational vehicle or a road service vehicle as described in clause (1) (b). 2010, c. 16, Sched. 12, s. 2 (5-7); 2021, c. 26, Sched. 1, s. 9 (1).
(6.2) Subject to sections 110 and 110.1, no full trailer, including load, shall exceed the length of 12.5 metres while on a highway unless it is in a combination of vehicles whose configuration, weight and dimensions are as prescribed by regulation. 2010, c. 16, Sched. 12, s. 2 (8, 9); 2021, c. 26, Sched. 1, s. 9 (2).
(15.1) Despite subsection (15), every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, the permit issued for the vehicle under section 7 may be suspended for not more than six months. 1996, c. 20, s. 24; 2014, c. 9, Sched. 2, s. 34.
(g) exempting an aerodynamic device from clause (13.1) (a) or (b) and prescribing conditions and circumstances for any such exemption. 2010, c. 16, Sched. 12, s. 2 (15); 2017, c. 2, Sched. 17, s. 8.
110 (1) The municipal corporation or other authority having jurisdiction over the highway may, upon application in writing, grant a permit for use of the highway by a vehicle or combination of vehicles in excess of the dimensional limits set out in section 109 or the weight limits set out in Part VIII in order to allow the movement of,
(6) It is a condition of every permit issued under this section that the original permit or a copy of it be carried in the vehicle for which the permit was issued and be produced when demanded by a police officer or an officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 110 (6); 2019, c. 15, Sched. 18, s. 6.
Authority to direct traffic
110.5 (1) Where an over-dimensional vehicle escort, for the purposes of escorting a vehicle or combination of vehicles operating under a permit issued under section 110 or 110.1, considers it reasonably necessary,
he or she may direct traffic according to his or her discretion, despite the provisions of Part X, and every person shall obey his or her directions. 2017, c. 2, Sched. 17, s. 9.
Authority to close highways
(2) For the purposes of subsection (1), an over-dimensional vehicle escort may close a highway or any part of a highway to vehicles by posting or causing to be posted signs to that effect, or placing or causing to be placed traffic control devices, as prescribed in the regulations. 2017, c. 2, Sched. 17, s. 9.
(3) Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part of a highway in intentional disobedience of the signs or traffic control devices. 2017, c. 2, Sched. 17, s. 9.
(a) the driver of a road service vehicle, an ambulance, a fire department vehicle, a public utility emergency vehicle or a police department vehicle;
(b) a firefighter, as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, driving a motor vehicle other than one listed in clause (a) while performing his or her duties; or
(c) an officer appointed for carrying out the provisions of this Act. 2017, c. 2, Sched. 17, s. 9.
Conditions and limitations on authority to direct traffic and close highways
(5) The authority to direct traffic under subsection (1) and to close highways under subsection (2) may be subject to conditions and limitations,
(a) prescribed by regulation;
(b) set out in a permit issued under section 110 or section 110.1, as the case may be; or
(c) imposed by the appointing authority that appointed the over-dimensional vehicle escort. 2017, c. 2, Sched. 17, s. 9.
(6) A limitation imposed under subsection (5) may provide that the over-dimensional vehicle escort has limited or, despite subsection (1) or (2), as the case may be, no authority to direct traffic or to close highways. 2017, c. 2, Sched. 17, s. 9.
No Crown or road authority liability re closed highway
(7) Every person using a highway closed to traffic in accordance with this section does so at the person's own risk and the Crown or road authority having jurisdiction and control of the highway is not liable for any damage sustained by a person using the highway so closed to traffic. 2017, c. 2, Sched. 17, s. 9.
Appointment of over-dimensional vehicle escorts
(8) An appointing authority may appoint any person to be an over-dimensional vehicle escort and may impose conditions and limitations on any such appointment as described in subsections (5) and (6). 2017, c. 2, Sched. 17, s. 9.
(a) designating appointing authorities for the purposes of this section;
(b) governing the appointment of over-dimensional vehicle escorts, including prescribing eligibility requirements;
(c) governing the identification of over-dimensional vehicle escorts and their vehicles, including prescribing any markings or signs to be displayed on their person and any markings, signs and lights to be displayed on their vehicles;
(d) prescribing conditions and limitations on the authority of over-dimensional vehicle escorts to direct traffic or to close highways;
(e) prescribing exemptions from any conditions or limitations imposed under clause (d) and prescribing conditions and circumstances for any such exemption;
(f) providing for the posting of signs and the placing of traffic control devices on any highway or any type or class of highway for the purposes of this section, and prescribing the types of signs and traffic control devices. 2017, c. 2, Sched. 17, s. 9.
"appointing authority" means a person or entity designated by regulation made under clause (9) (a); ("autorité de nomination")
"over-dimensional vehicle escort" means a person appointed by an appointing authority to escort a vehicle or combination of vehicles operating under a permit issued under section 110 or 110.1. ("accompagnateur de véhicules de dimensions excessives") 2017, c. 2, Sched. 17, s. 9.
111 (1) Every vehicle carrying a load which overhangs the rear of the vehicle to the extent of 1.5 metres or more while on a highway shall display upon the overhanging load at the extreme rear end thereof at any time from one-half hour before sunset to one-half hour after sunrise, or at any other time when there is insufficient light or unfavourable atmospheric conditions, a red light, and at all other times a red flag or a red marker sufficient to indicate the projection of the load. R.S.O. 1990, c. H.8, s. 111 (1).
(5) Despite subsection (4), every person who contravenes this section or a regulation made under subsection (3) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, his or her driver's licence issued under section 32 and permit issued under section 7 may be suspended for a period of not more than 60 days. 1996, c. 20, s. 26; 2014, c. 9, Sched. 2, s. 35.
113 (1) This Part, other than regulations made under this section, does not apply to over-dimensional farm vehicles. R.S.O. 1990, c. H.8, s. 113 (1).
114 (1) In this Part,
115 (1) Subject to section 110, no vehicle,
116 (1) Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class A Highway where the axle unit weight on an axle unit, whether or not part of any axle group, exceeds,
117 (1) Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class A Highway where any axle group weight exceeds,
118 (1) Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class A Highway where the gross vehicle weight exceeds,
119 (1) Despite sections 116, 117, 118 and subsection 121 (1), during freeze-up the maximum allowable gross vehicle weight for a vehicle or combination of vehicles, while used exclusively for the transportation of raw forest products, shall be 110 per cent of that wei