Highway Traffic Act PDF

Français Highway Traffic Act R.S.O. 1990, CHAPTER H.8 Consolidation Period: From July 1, 2017 to the e-Laws currency date. Last amendment: 2017, c. 9. Legislative History: 1992, c. 20, s...

Français Highway Traffic Act R.S.O. 1990, CHAPTER H.8 Consolidation Period: From July 1, 2017 to the e-Laws currency date. Last amendment: 2017, c. 9. 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 E, s. 2; 1996, c. 9, s. 26; 1996, c. 20 (But see 2009, c. 5, s. 58 and Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2011); 1996, c. 31, s. 68-71 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2011); 1996, c. 32, s. 71; 1996, c. 33, s. 1-17; 1997, c. 4, s. 81; 1997, c. 12; 1997, c. 26,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 R, s. 1-19 (But see 2009, c. 5, s. 57 and Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2011); 1999, c. 13; 2000, c. 15; 2000, c. 26, Sched.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c. 13, s. 18; 2001, c. 32, s. 26; 2002, c. 4, s. 64; 2002, c. 5, s. 32 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2012); 2002, c. 17, Sched.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 P, s. 1-39 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2012); 2002, c. 21; 2002, c. 22, s. 95-100 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2012); 2002, c. 24, Sched.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 A (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2015); 2005, c. 31, Sched. 10; 2005, c. 32, s. 2; 2006, c. 11, Sched.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; 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 - December 31, 2011; 2017, c. 9. CONTENTS 1. Interpretation, general 1.1 Application of Act to places other than highways 1.2 Modification of application of Act or regulations PART I ADMINISTRATION 2. Powers and duties of Ministry 3. Registrar of Motor Vehicles 4. Deputy Registrar 4.0.1 Forms 4.1 Power to do things electronically 5. Regulations re fees 5.1 Administrative monetary penalties 5.2 Cancellation of permit, licence where false information is provided 5.3 Cancellation of permit, licence where information on permit, licence is incorrect 5.4 Protection from personal liability PART II PERMITS 6. Interpretation, Part II 7. Permit requirements 7.1 International Registration Plan 7.2 Record-keeping by IRP permit holders 7.3 Examination and inspection 7.4 Sharing examination, inspection findings with other IRP jurisdictions 7.5 IRP inspector’s costs 7.6 Assessment and reassessment of fees, etc. 1 7.7 Interest 7.8 Objections 7.9 Appeal or review from Minister’s decision 7.10 False statements on IRP documents 7.11 Permit refusal or cancellation 7.12 Collection and disclosure of information 7.13 Assignment to another minister 7.14 Disclosure to Minister of Finance re taxing statutes 7.15 Regulations 7.16 Fees 8. Permit limitations 9. False statement, change of name or address, obliterated vehicle no., etc. 10. Manufacturer’s vehicle identification number to be affixed 11. Where transfer of ownership or end of lease 11.1 Used vehicle information package 12. Violations as to number plates 13. Number plates, further violations 14. Improper or invalid number plates and cab cards 15. Exceptions as to residents of other provinces, permit requirements, etc. 16. Commercial motor vehicles 17. CVOR certificates issued, renewed by Registrar 17.0.1 Revocation of CVOR certificate for dishonoured payments 17.0.2 Refusal to issue, replace or renew CVOR certificates 17.1 Safety ratings, commercial motor vehicle operators 19. Person deemed to be operator 20. Commercial motor vehicles, enforcement of ss. 16-23, etc. 21. Offences, commercial motor vehicles 21.1 Administrative penalties 22. Regulations and fees, commercial motor vehicles 23. Liability insurance for commercial motor vehicles 23.1 Insurance PART III PARKING PERMITS 26. Accessible parking permits 27. Offence, accessible parking permit 28. Inspection, accessible parking permit 30. Regulations, accessible parking permits PART IV LICENCES DRIVER, DRIVING INSTRUCTOR 31. Driving a privilege 32. Driver’s licence 32.1 Combined photo card in lieu of driver’s licence card 32.2 Photo-comparison technology 33. As to carrying licences and surrender on demand 34. Exemption as to non-residents, licensing requirements 35. Displaying licence that has been suspended, altered, etc. 36. Driving prohibited while licence suspended 37. Drivers under 16 prohibited 38. Minimum age to drive motor-assisted, power-assisted bicycle 39. Prohibition as to letting or hiring 39.1 Picking up passenger for compensation prohibited without licence, etc. 40. Agreements with other jurisdictions 41. Suspension on conviction for certain offences 41.1 Suspension on: reinstatement, reduction, extension of conviction 41.2 Reinstatement conditions, ignition interlock devices 41.3 Ignition interlock devices, further provisions 41.4 Administrative vehicle impoundment for contravening ignition interlock condition 42. Suspension for driving while disqualified 43. Suspension while prohibited from driving 44. Increased suspension time 44.1 Condition on licence that blood alcohol concentration level be zero 2 45. When driver may be disqualified 46. Defaulted fine 47. Suspension and cancellation of licence, etc., general 47.1 Notice, proposed action s. 47 or safety concern 48. Administrative licence suspension for blood alcohol concentration above.05 48.0.1 Short-term administrative licence suspension for drug or drug and alcohol impairment 48.1 Breath testing, novice drivers 48.2 Breath testing, driver accompanying novice 48.2.1 Breath testing, young drivers 48.3 Administrative suspension of licence for blood alcohol concentration above.08, failing or refusing to provide breath sample 48.3.1 Long-term administrative licence suspension for drug or drug and alcohol impairment 48.4 Administrative vehicle impoundment for drug or drug and alcohol impairment, blood alcohol concentration above.08, failing to provide sample or submit to tests 49. Proceedings before Tribunal 50. Appeal 50.1 Appeal of ninety-day suspension 50.2 Appeal of a long-term vehicle impoundment for driving while suspended 50.3 Appeal of impoundment, commercial motor vehicles 51. Penalty for driving motor vehicle when permit suspended or cancelled 52. Service of notice of licence suspension 53. Driving while driver’s licence suspended 54. Where person whose permit or licence suspended does not hold permit or licence 55. Suspension on appeal 55.1 Long-term vehicle impoundment for driving while suspended 55.2 Short-term vehicle impoundment for driving while suspended 56. Demerit point system 57. Conduct review programs 57.1 Regulations, novice drivers 57.1.1 Police request for novice driver’s passenger’s identification 57.2 Offence, novice driver regulations 58. Driving instructors 58.1 Driving schools 58.2 Inspectors PART V GARAGE AND STORAGE LICENCES 59. Licence respecting dealing in motor vehicles, etc. 60. Second-hand vehicles, offences PART VI EQUIPMENT 61. Definitions, Part VI 62. Lamps 63. Vehicles with right hand drive 64. Brakes 65. Hydraulic brake and system fluid 66. Other equipment 67. Extended mirrors 68. Speedometers required in buses 68.1 Speed-limiting systems 69. Tires and wheels 70. Regulations and offences, tires 71. Rebuilt tires 72. Safety glass 73. Equipment obstructing view 74. Windows to afford clear view 75. Noise, smoke, bells and horns 76. Slow moving vehicle sign 77. Sleigh bells 78. Display screen visible to driver prohibited 78.1 Hand-held devices prohibited 79. Speed measuring warning devices 79.1 Pre-empting traffic control signal devices prohibited 3 79.2 Powers of police officer re ignition interlock 80. Attachments required when vehicle drawn on highway 81. Regulations re bumpers 82. Inspections, unsafe vehicles 82.1 Inspections, unsafe commercial motor vehicles 83. Regulations re inspection of certain motor vehicles 84. Penalty for driving unsafe vehicle 84.1 Offence if wheel detaches from commercial motor vehicle 84.2 Offence if parts, etc., detach 84.3 Offence of causing parts to detach 85. Prohibition where evidence of inspection required 86. Certificates and stickers provided by Ministry 87. Regulations re inspection of vehicles 88. Definitions, ss. 88-100 89. Director 90. Safety standards certificate and vehicle inspection sticker 91. Motor vehicle inspection station licence 92. Motor vehicle inspection mechanic 93. Revocation of registration of motor vehicle inspection mechanic 94. Hearing re terms of licence 95. Proposal to refuse to issue or revoke licence or registration 96. Tribunal hearings, general 97. Service of notice 98. Inspectors 99. Offences, ss. 88-98, etc. 100. Regulations, safety standards certificates, motor vehicle inspection stations, etc. 100.1 Transition 100.2 Ministry program for the inspection of vehicles and the issuance of certificates 100.3 Crown not liable for acts of a vehicle inspection centre or service provider 100.4 Prohibitions 100.5 Inspectors 100.6 Offences 100.7 Directives 100.8 Regulations 101. Regulations, accessories and ornaments 102. Regulations, safety devices 103. Commercial motor vehicles, further provisions 103.1 Power-assisted bicycles 104. Motorcycle and bicycle helmets 104.1 Horse-riders, helmets and footwear 105. Sale of new vehicles 106. Seat belts 107. Inspection and maintenance of commercial motor vehicles PART VII LOAD AND DIMENSIONS 108. Definitions, Part VII 109. Vehicle dimensions 110. Permits to exceed dimension and weight limits (use of highway) 110.1 Special permits to exceed dimension and weight limits 110.2 Carrying and production of special permit 110.3 Suspension, etc., of special permit 110.4 Additional power of Registrar to suspend, etc., special permits 110.5 Over-dimensional vehicle escorts 111. Loading vehicles 112. Regulations, carriage of explosives, etc. 113. Farm vehicles PART VIII WEIGHT 114. Interpretation, Part VIII 115. Restrictions as to weight on tires 116. Maximum allowable axle unit weights 117. Maximum allowable axle group weights 4 118. Maximum allowable gross vehicle weights 119. Raw forest products allowance during freeze-up 120. Prohibition re operation on Class B Highway 121. Operating within permitted weight 122. Reduced load periods 123. Weight on bridges 124. Power of officer to have vehicle weighed, examined 125. Offence and penalty, Part VIII 126. Overloading by consignor 127. Regulations, weight standards PART IX RATE OF SPEED 128. Rate of speed 128.1 Status quo maintained 129. Conversion of rate of speed set out in by-laws 130. Careless driving 131. Territory without municipal organization 132. Unnecessary slow driving prohibited PART X RULES OF THE ROAD 133. Definitions, Part X 134. Direction of traffic by police officer 134.1 Removal of vehicle, debris blocking traffic 135. Right of way at uncontrolled intersections 136. Stop at through highway 137. Stop signs, erection at intersections 138. Yield right-of-way signs 139. Right of way on entering highway from private road 140. Pedestrian crossover 141. Turning at intersections 142. Signalling turns and stops 142.1 Requirement to yield to bus from bus bay 143. U-turns prohibited 144. Traffic control signals and pedestrian control signals 145. Blocking intersection 146. Portable signal lights 146.1 Traffic control stop and slow signs 147. Slow vehicles to travel on right side 148. Overtaking and passing rules 149. Driving to left of centre prohibited under certain conditions 150. Passing to right of vehicle 151. Highways designated for use of paved shoulder 152. Meaning of “designated”, ss. 141, 153 and 154 153. Highway designated for one-way traffic 154. Where highway divided into lanes 154.1 Regulations for high occupancy vehicle lanes 154.2 Restricted use of border approach lanes 155. Times designation applicable 156. Moving from roadway to roadway on divided highways 157. Backing prohibited, speed limit over 80 k.p.h. 158. Headway 159. Approaching, following emergency vehicles 160. Towing of persons on bicycles, toboggans, etc., prohibited 161. Only one vehicle to be drawn on highway 162. Crowding driver’s seat 163. Vehicles required to stop at railway crossing signal 164. Driving of vehicles under crossing gates prohibited 165. Opening of doors of motor vehicles 166. Passing street cars 167. Approaching ridden or driven horses, etc. 168. Use of passing beam 169. Alternating beams 5 170. Parking on roadway 171. Tow truck services 172. Racing, stunts, etc., prohibited 172.1 Nitrous oxide fuel systems prohibited 173. Horse racing on highway 174. Railway crossings 175. School buses 176. School crossings 177. Soliciting rides or business from drivers 178. Clinging to vehicles, bicycle passengers, etc. 179. Duties of pedestrian when walking along highway 180. Littering highway prohibited 181. Deposit of snow on roadway 182. Regulations, signs and markings 183. Regulations, tunnels 184. Defacing or removing notices or obstructions 185. Regulating or prohibiting use of highway by pedestrians, etc. 186. Prohibiting commercial vehicles in left lane 187. Aircraft on highways 188. Riding in house or boat trailers prohibited 189. Air cushioned vehicles prohibited on highways 189.1 Road-building machines 190. Commercial motor vehicles, driving rules 191. Exemption certificate, hours of work for commercial motor vehicle drivers 191.0.1 Contracts of carriage PART X.1 TOLL HIGHWAYS 191.1 Definitions, Part X.1 191.2 Toll device required 191.3 Evasion, etc., of electronic toll system 191.4 Regulations, toll devices PART X.2 MEDICAL TRANSPORTATION SERVICES 191.5 Definitions, Part X.2 191.6 Medical transportation services 191.7 Regulations, medical transportation services PART X.3 OFF-ROAD VEHICLES 191.8 Off-road vehicles on highways regulated by regulations, by-laws PART XI CIVIL PROCEEDINGS 191.9 Definitions 192. Liability for loss or damage 193. Onus of disproving negligence PART XII MUNICIPAL BY-LAWS 195. Effect of by-laws PART XIII SUSPENSION FOR FAILURE TO PAY JUDGMENTS OR MEET SUPPORT OBLIGATIONS 196. Meaning of “motor vehicle”, Part XIII 198. Licence suspended for failure to pay judgment 198.1 Licence suspension on direction of Director of Family Responsibility Office 198.2 Personal information 198.3 Protection from personal liability PART XIV RECORDS AND REPORTING OF ACCIDENTS AND CONVICTIONS 199. Duty to report accident 199.1 Irreparable vehicles, etc. 200. Duty of person in charge of vehicle in case of accident 201. Notification of damage to trees, fences, etc. 202. Reporting by various officials 203. Report of medical practitioner 6 203. Medical reports 204. Report of optometrist 204. General rules respecting medical reports 205. Duties of Registrar 205.0.1 Collection and disclosure of information PART XIV.1 PHOTO-RADAR SYSTEM EVIDENCE 205.1 Photo-radar system evidence 205.2 Application, proceedings commenced by filing certificate of offence 205.3 Provincial Offences Act, Part I 205.4 Evidence of ownership 205.5 Service by mail 205.6 Photographic equivalent 205.7 Failure to respond 205.8 Challenge to operator’s evidence 205.9 Challenge to officer’s evidence 205.10 Certificate evidence 205.11 Failure to appear at trial 205.12 Adjournment 205.13 Reopening 205.14 Regulations, photo-radar system evidence PART XIV.1 AUTOMATED SPEED ENFORCEMENT 205.1 Use of automated speed enforcement system authorized 205.2 Regulations PART XIV.2 RED LIGHT CAMERA SYSTEM EVIDENCE 205.15 Red light camera system evidence 205.16 Application, proceedings commenced by filing certificate of offence 205.17 Provincial Offences Act, Part I 205.18 Evidence of ownership 205.19 Deemed not to dispute charge 205.20 Challenge to officer’s evidence 205.21 Certificate evidence 205.22 Failure to appear at trial 205.23 Reopening 205.24 Limitations on penalty 205.25 Regulations, red light camera system evidence PART XV PROCEDURE, ARRESTS AND PENALTIES 207. Vehicle owner may be convicted 208. Recovery 209. Right to damages reserved 210. Notice of conviction to Registrar 210.1 Out-of-province evidence re vehicle ownership 211. Return of suspended licences to Registrar 212. Police officer may secure possession of suspended licence 213. When owner may appear before justice of the peace 214. General penalty 214.1 Community safety zones 216. Power of police officer to stop vehicles 216.1 Power of officer to examine commercial vehicles, road-building machines 217. Arrest powers 218. Cyclist to identify self 219. Suspension of licence upon conviction 220. Impounding motor vehicles 221. Abandoned or unplated vehicles 222. Impounding of vehicle on appeal 223. Appointment of officers for carrying out provisions of Act 224. Service on driver of commercial motor vehicle sufficient 225. Inspection of records 227. Where proceeding for offence may be heard, commercial motor vehicles on a journey 7  PART XVI PILOT PROJECTS 228. Pilot projects Schedule Certificate of justice Interpretation, general Definitions 1 (1) In this Act, “ambulance” includes, (a) an ambulance as defined in the Ambulance Act, (b) a cardiac arrest emergency vehicle operated by or under the authority of a hospital, and (c) an emergency response vehicle, other than an ambulance as defined in the Ambulance Act, operated by an ambulance service that is used to provide emergency response services, and that has been assigned an emergency response vehicle number by the Ministry of Health and Long-Term Care; (“ambulance”) “bicycle” includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor assisted bicycle; (“bicyclette”) “built-up area” means a territory contiguous to a highway not within a local municipality, other than a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, where, (a) not less than 50 per cent of the frontage upon one side of the highway for a distance of not less than 200 metres is occupied by dwellings, buildings used for business purposes, schools or churches, (b) not less than 50 per cent of the frontage upon both sides of the highway for a distance of not less than 100 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or (c) not more than 200 metres of the highway separates any territory described in clause (a) or (b) from any other territory described in clause (a) or (b), and signs are displayed as required by the regulations; (“agglomération”) “bus” means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons; (“autobus”) “chauffeur” means a person who operates a motor vehicle and receives compensation therefor; (“chauffeur”) “commercial motor vehicle”, unless otherwise defined by regulation, means a motor vehicle having attached to it a truck or delivery body and includes an ambulance, a hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes on a highway; (“véhicule utilitaire”) “compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly; (“rémunération”) “conversion unit” means a mechanical device consisting of a single axle designed to convert a two-axle vehicle into a three- axle vehicle; (“essieu relevable”) “conviction” includes a disposition made under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada); (“déclaration de culpabilité”) “crosswalk” means, (a) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface; (“passage protégé pour piétons”) “CVOR certificate” means a Commercial Vehicle Operator’s Registration Certificate issued under section 17; (“certificat d’immatriculation UVU”) “Deputy Minister” means the Deputy Minister of Transportation; (“sous-ministre”) 8 “driver” means a person who drives a vehicle on a highway; (“conducteur”) “driver’s licence” means a licence issued under section 32 to drive a motor vehicle on a highway; (“permis de conduire”) “farm tractor” means a self-propelled vehicle designed and used primarily as a farm implement for drawing ploughs, mowing-machines and other implements of husbandry and not designed or used for carrying a load; (“tracteur agricole”) “fire department vehicle” includes an emergency crash extrication vehicle owned and operated by a rescue organization approved by the Minister in writing for the purposes of this Act and a vehicle designated in writing by the Fire Marshal of Ontario as a fire department vehicle; (“véhicule de pompiers”) “garage” means every place or premises where motor vehicles are received for housing, storage or repairs for compensation; (“garage”) “goods” includes all classes of materials, wares and merchandise and livestock; (“biens”) “gross weight” means the combined weight of vehicle and load; (“poids brut”) “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”) “intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other; (“intersection”) “King’s Highway” includes the secondary highways and tertiary roads designated under the Public Transportation and Highway Improvement Act; (“route principale”) “median strip” means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement; (“terre-plein central”) “Minister” means the Minister of Transportation; (“ministre”) “Ministry” means the Ministry of Transportation; (“ministère”) “mobile home” means a vehicle, other than a motor vehicle, that is designed and used as a residence or working accommodation unit and exceeds 2.6 metres in width or eleven metres in length; (“maison mobile”) “motor assisted bicycle” means a bicycle, (a) that is fitted with pedals that are operable at all times to propel the bicycle, (b) that weighs not more than fifty-five kilograms, (c) that has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel, (d) that has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres, and (e) that does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start; (“cyclomoteur”) “motor vehicle” includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine; (“véhicule automobile”) “motorcycle” means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle; (“motocyclette”) “motorized snow vehicle” has the same meaning as in the Motorized Snow Vehicles Act; (“motoneige”) “official sign” means a sign approved by the Ministry; (“panneau officiel”) “park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; (“stationnement”) 9 “peace officer” includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, justice of the peace, jailer or keeper of a prison, and a police officer, bailiff, or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process, or any officer appointed for enforcing or carrying out the provisions of this Act; (“agent de la paix”) “pedestrian crossover” means any portion of a roadway distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations; (“passage pour piétons”) “power-assisted bicycle” means a bicycle that, (a) is a power-assisted bicycle as defined in subsection 2 (1) of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada), (b) bears a label affixed by the manufacturer in compliance with the definition referred to in clause (a), (c) 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; “public vehicle” has the same meaning as in the Public Vehicles Act; (“véhicule de transport en commun”) “Registrar” means the Registrar of Motor Vehicles appointed under this Act; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “road-building machine” means a self-propelled vehicle of a design commonly used in the construction or maintenance of highways that, (a) belongs to a class of vehicle prescribed in the regulations, (b) has the features or equipment prescribed in the regulations, or (c) is being used as prescribed in the regulations; (“machine à construire des routes”) “road service vehicle” means a vehicle while it is being used for highway maintenance purposes by or on behalf of a municipality or other authority with jurisdiction and control of the highway; (“véhicule de la voirie”) “roadway” means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively; (“chaussée”) “safety glass” means any product that is composed of glass and so manufactured, fabricated or treated as substantially to prevent the shattering and flying of the glass when struck or broken and that is approved by the Ministry, or such other or similar product that is approved by the Ministry; (“verre de sécurité”) “safety record” means the safety record of an operator, as defined in subsection 16 (1), determined in accordance with the regulations made under section 22; (“fiche de sécurité”) “self-propelled implement of husbandry” means a self-propelled vehicle manufactured, designed, redesigned, converted or reconstructed for a specific use in farming; (“matériel agricole automoteur”) “stand” or “standing”, when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; (“immobilisation”) “state of the United States of America” includes the District of Columbia; (“État des États-Unis d’Amérique”) “stop” or “stopping”, when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal; (“arrêt”) “street car” includes a car of an electric or steam railway; (“tramway”) “through highway” means a highway or part of a highway designated as such by the Minister or by by-law of a municipality, and every such highway shall be marked by a stop sign or yield right of way sign in compliance with the regulations of the Ministry; (“route à priorité”) “trailer” means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn; (“remorque”) 10 “trailer converter dolly” means a device consisting of one or more axles, a fifth wheel lower-half and a tow bar; (“avant-train à sellette”) “Tribunal” means the Licence Appeal Tribunal; (“Tribunal”) “vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car; (“véhicule”) “wheelchair” means a chair mounted on wheels driven by muscular or any other kind of power that is designed for and used by a person whose mobility is limited by one or more conditions or functional impairments. (“fauteuil roulant”) R.S.O. 1990, c. H.8, s. 1 (1); 1994, c. 27, s. 138 (1); 1999, c. 12, Sched. G, s. 24 (1, 2); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 9 (1); 2009, c. 5, s. 1 (1-7); 2009, c. 33, Sched. 26, s. 3 (1, 2); 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. Suspension or cancellation of licence or permit (2) Where in this Act the Minister, a provincial judge, a justice of the peace or other official is authorized or directed to suspend or cancel the licence or permit of any person, and the person is the holder of both a licence and a permit issued under this Act, every such authority extends to both licence and permit and every such direction may in the discretion of the Minister, provincial judge, justice of the peace or other official be made to apply to both licence and permit. R.S.O. 1990, c. H.8, s. 1 (2). Overpass and underpass (3) For the purposes of Part IX and any regulations or municipal by-laws made thereunder, every overpass and underpass shall be deemed to form part of the highway that it connects. R.S.O. 1990, c. H.8, s. 1 (3). References to Criminal Code (4) Any reference in this Act to the Criminal Code (Canada) shall be deemed to be a reference to the Criminal Code (Canada) as amended or re-enacted from time to time. R.S.O. 1990, c. H.8, s. 1 (4). Idem (5) Any reference in this Act or the regulations to a conviction or discharge for an offence under the Criminal Code (Canada) includes a conviction or discharge for the corresponding offence under the National Defence Act (Canada). R.S.O. 1990, c. H.8, s. 1 (5). Pardons (6) This Act and the regulations apply to a person who has been granted a pardon under the Criminal Records Act (Canada) in the same manner as if the person had not been granted the pardon. 2001, c. 9, Sched. O, s. 1. Transition, police villages (7) This Act, as it read on December 31, 2002, continues to apply to police villages continued under subsection 456 (1) of the Municipal Act, 2001. 2002, c. 17, Sched. F, Table. Calculation of days (8) Where a suspension or impoundment is imposed under section 41.4, 48, 48.0.1, 48.1, 48.2.1, 48.4, 55.2 or 172, the period of the suspension or impoundment shall be determined by counting 24 hours for each day. 2009, c. 5, s. 1 (8); 2015, c. 27, Sched. 7, s. 1 (3). Definition of resident of Ontario (9) The Lieutenant Governor in Council may make regulations prescribing who is a resident of Ontario for any purpose of this Act. 2008, c. 17, s. 28. Definition of “commercial motor vehicle” (10) The Lieutenant Governor in Council may make regulations defining “commercial motor vehicle” differently from its definition in subsection (1) for the purposes of any Part or provision of this Act, and those regulations may include or exclude any vehicle or class of vehicles for the purposes of that definition, including the inclusion or exclusion of vehicles or classes of vehicles based on a use or uses to which a vehicle may be put. 2014, c. 9, Sched. 2, s. 1 (3). Definition of “road-building machine” (11) The Lieutenant Governor in Council may make regulations for the purpose of the definition of “road-building machine” in subsection (1), 11  (a) prescribing classes of vehicles that are or are not road-building machines; (b) prescribing features and equipment that a vehicle must have or must not have to be a road-building machine; (c) prescribing uses to which a vehicle must be put or must not be put to be a road-building machine. 2016, c. 5, Sched. 12, s. 1 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 138 (1) - 01/07/2010; 1999, c. 12, Sched. G, s. 24 (1, 2) - 01/04/2000 2001, c. 9, Sched. O, s. 1 - 29/06/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 19, Sched. D, s. 9 (1) - 22/06/2006 2007, c. 13, s. 1 - 04/06/2007 2008, c. 17, s. 28 - 06/03/2009 2009, c. 5, s. 1 (1, 3, 4, 6, 8) -23/04/2009; 2009, c. 5, s. 1 (2, 5, 7) - 03/10/2009; 2009, c. 33, Sched. 26, s. 3 (1, 2) - 15/12/2009 2014, c. 9, Sched. 2, s. 1 (1-3) - 01/01/2017 2015, c. 27, Sched. 7, s. 1 (1) - 01/04/2016; 2015, c. 27, Sched. 7, s. 1 (2) - 03/12/2015; 2015, c. 27, Sched. 7, s. 1 (3) - 02/10/2016 2016, c. 5, Sched. 12, s. 1 (1, 2) - 01/07/2017 2017, c. 2, Sched. 17, s. 1 - 22/03/2017 Application of Act to places other than highways 1.1 The Lieutenant Governor in Council may make regulations providing that this Act or any provision of this Act or of a regulation applies to a specified place or class of place that is not a highway. 2007, c. 13, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 2 - 04/06/2007 Modification of application of Act or regulations 1.2 The Lieutenant Governor in Council may make regulations, (a) providing that any Part or provision of this Act, or any regulation or provision of a regulation, applies to a specified class of vehicles or to drivers, operators, owners or lessees of a specified class of vehicles in addition to the vehicles, drivers, operators, owners or lessees that the Part, provision or regulation otherwise applies to, prescribing modifications to that Part, provision or regulation for any such application and prescribing conditions and circumstances for any such application; (b) exempting a specified class of vehicles, or drivers, operators, owners or lessees of a specified class of vehicles, from any Part or provision of this Act, or any regulation or provision of a regulation, and prescribing conditions and circumstances for any such exemption; (c) defining “operator” and “owner” for the purposes of regulations made under clause (a) or (b). 2016, c. 5, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 12, s. 2 - 01/07/2017 PART I ADMINISTRATION Powers and duties of Ministry 2 Where by this Act powers are conferred or duties are imposed upon the Ministry, the powers may be exercised and the duties discharged by the Minister. R.S.O. 1990, c. H.8, s. 2. Registrar of Motor Vehicles 3 (1) There shall be a Registrar of Motor Vehicles appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. H.8, s. 3 (1). 12 Duties (2) The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to highway traffic within Ontario, and shall perform the duties that are assigned to him or her by this Act, by the Lieutenant Governor in Council, or by the Minister or Deputy Minister. R.S.O. 1990, c. H.8, s. 3 (2). Delegation of powers, etc., to Deputy Minister and Registrar (3) The Minister may authorize the Deputy Minister and the Registrar or either of them to exercise and discharge in his or her place any of the powers conferred or the duties imposed upon him or her under this Act or the regulations and, where both the Deputy Minister and the Registrar are so authorized, either of them may exercise and discharge any of the powers and duties. R.S.O. 1990, c. H.8, s. 3 (3). Delegation of powers of Registrar (4) The Deputy Minister, with the consent of the Minister, may authorize any public servant or servants in the Ministry to exercise any or all of the powers and duties of the Registrar. R.S.O. 1990, c. H.8, s. 3 (4); 1996, c. 20, s. 1. Section Amendments with date in force (d/m/y) 1996, c. 20, s. 1 - 29/11/1996 Deputy Registrar 4 There shall be a Deputy Registrar appointed by the Lieutenant Governor in Council who shall have all the powers and may perform all the duties of the Registrar. R.S.O. 1990, c. H.8, s. 4. Forms 4.0.1 The Minister may require that forms approved by the Minister be used for any purpose under this Act. 2008, c. 17, s. 29. Section Amendments with date in force (d/m/y) 2008, c. 17, s. 29 - 06/03/2009 Power to do things electronically 4.1 (1) Anything that the Minister, the Ministry or the Registrar is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. 2007, c. 13, s. 3. Same (2) Anything that any person is required or authorized to do or to provide to the Minister, the Ministry or the Registrar under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry. 2007, c. 13, s. 3. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 3 - 04/06/2007 Regulations re fees 5 (1) The Lieutenant Governor in Council may make regulations, (a) providing for the payment of fees for the issue, renewal, replacement or transfer of permits, licences and number plates under this Act and prescribing the amount of the fees; (b) providing for the payment of fees for copies of or access to any writing, paper or document filed in the Ministry pursuant to this Act or any statement containing information from the records of the Ministry and prescribing the amount of the fees; (c) providing for the payment of fees upon application to the Ministry for any approval required under this Act in respect of any equipment to be used on a vehicle and prescribing the amount of the fees; (d) providing for and governing the imposition and payment of administrative fees for the reinstatement of suspended licences; (d.1) providing for exemptions from payment of the administrative fees prescribed under clause (d) and prescribing conditions and circumstances for any such exemption; (e) providing for the payment of administrative fees for handling dishonoured payments tendered for the issue, renewal, replacement, transfer, validation or reinstatement of permits, licences and number plates; 13  (f) prescribing a rate of interest for purposes of subsection (2), when interest starts to run and the method of calculating the interest; (g) prescribing penalties for the purposes of subsections (2) and 5.1 (2) and the method of determining the amount of any penalty; (h) prescribing fees for anything done or provided by or on behalf of the Minister, the Ministry or the Registrar under this Act; (i) prescribing consequences in regard to a licence, permit or number plate where a fee or penalty required or imposed under this Act is not paid or its payment is dishonoured. R.S.O. 1990, c. H.8, s. 5 (1); 1994, c. 27, s. 138 (2); 1996, c. 20, s. 2; 2006, c. 33, Sched. M, s. 1 (1); 2007, c. 13, s. 4. Interest and penalties when payment dishonoured (2) Where payment for any fee or tax is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a penalty may be imposed. 1994, c 27, s. 138 (3). Fees may include cost recovery portion (3) A fee prescribed or set under this Act for the issuance or renewal of any permit or licence or for the validation of any permit may include a portion that is for the recovery of costs related to public highway infrastructure. 2006, c. 33, Sched. M, s. 1 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 138 (2, 3) - 01/03/1995; 1996, c. 20, s. 2 - 26/01/1998 2006, c. 33, Sched. M, s. 1 (1, 2) - 20/12/2006 2007, c. 13, s. 4 - 04/06/2007 Administrative monetary penalties 5.1 (1) The Lieutenant Governor in Council may make regulations, (a) providing for and governing the imposition and payment of administrative 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). Interest and penalties when payment dishonoured (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). Section Amendments with date in force (d/m/y) 2007, c. 13, s. 5 - 04/06/2007 2014, c. 9, Sched. 2, s. 2 (1-3) - 01/01/2017 Cancellation of permit, licence where false information is provided 5.2 (1) If the Minister is satisfied that any information provided by the holder of a vehicle permit or driver’s licence to the Ministry or the Ministry’s delegate is false, the Minister may, without prior notice to the holder, do either or both of the following: 1. Cancel the vehicle permit or driver’s licence. 2. Correct and amend the Ministry’s records. 2008, c. 17, s. 30. Benefits obtained under false information nullified (2) The holder of a vehicle permit or driver’s licence cancelled under subsection (1) is subject to the requirements of this Act without the benefit of anything done under this Act in reliance on the false information. 2008, c. 17, s. 30. Section Amendments with date in force (d/m/y) 2008, c. 17, s. 30 - 06/03/2009 14 Cancellation of permit, licence where information on permit, licence is incorrect 5.3 (1) The Minister may cancel a vehicle permit or driver’s licence if the Minister is satisfied that any information appearing on the vehicle permit or driver’s licence is incorrect. 2008, c. 17, s. 30. Notice to holder (2) Before taking any action under subsection (1), the Minister shall cause notice to be given to the holder of the vehicle permit or driver’s licence of his or her intention to cancel the permit or licence and the notice shall state that the holder has 60 days from the date of the notice to provide the Minister with the correct information. 2015, c. 27, Sched. 7, s. 2 (1). Same (2.1) Notice under subsection (2) is sufficiently given to the holder of the vehicle permit or driver’s licence if delivered personally or mailed to the latest address or any previous address of the holder on the records of the Ministry or to another address at which there is reason to believe the holder may be found. 2015, c. 27, Sched. 7, s. 2 (1). Holder to provide correct information (3) The Minister shall not take the proposed action under subsection (1) if the holder of the vehicle permit or driver’s licence provides the Minister with revised information in the form and manner required by the Minister within 60 days after the date of the notice under subsection (2) and the Minister is satisfied that the revised information is correct. 2008, c. 17, s. 30. Holder fails to provide correct information (4) If the holder fails to provide the correct information as required under subsection (3), the Minister may take the action proposed under subsection (1), but not earlier than 60 days after the date of the notice, and the Minister shall mail notice of the action taken to the holder at the latest address of the holder on the records of the Ministry. 2008, c. 17, s. 30; 2015, c. 27, Sched. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 2008, c. 17, s. 30 - 06/03/2009 2015, c. 27, Sched. 7, s. 2 (1, 2) - 03/12/2015 Protection from personal liability 5.4 (1) No action or other proceeding for damages shall be instituted against the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister for anything done in good faith in the execution or intended execution of a power or duty under section 5.2 or 5.3. 2008, c. 17, s. 30. Crown not relieved of liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2008, c. 17, s. 30. Section Amendments with date in force (d/m/y) 2008, c. 17, s. 30 - 06/03/2009 PART II PERMITS Interpretation, Part II 6 (1) In this Part, “CAVR cab card” means a permit issued by the Ministry pursuant to the Canadian Agreement on Vehicle Registration; (“certificat d’immatriculation ECIV”) “holder”, when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (“titulaire”) “IRP cab card” means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan; (“certificat d’immatriculation IRP”) “IRP inspector” means a person appointed as an IRP inspector under subsection 7.3 (1); (“inspecteur de l’IRP”) “lessee” means a person who has leased a vehicle for a period of not less than one year; (“locataire”) 15 “number”, when used in relation to a permit or plate, means a number, a series of letters or a combination of letters and numbers, and “numbered”, when so used, has a corresponding meaning; (“numéro”, “numéroté”) “permit” means a permit issued under subsection 7 (7) consisting, except when the permit is a CAVR cab card or an IRP cab card, of a vehicle portion and a plate portion; (“certificat d’immatriculation”) “police officer” includes an officer appointed for carrying out the provisions of this Act; (“agent de police”) “prescribed” means prescribed by the regulations; (“prescrit”) “validate” means render in force for the prescribed period of time and “validation” and “validated” have corresponding meanings. (“valider”, “validation”, “valide”) R.S.O. 1990, c. H.8, s. 6 (1); 1999, c. 12, Sched. R, s. 1 (2, 3); 2002, c. 22, s. 95. Person authorized by Minister (2) Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act. R.S.O. 1990, c. H.8, s. 6 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. R, s. 1 (1, 4) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011;1999, c. 12, Sched. R, s. 1 (2, 3) - 01/01/2001 2002, c. 22, s. 95 - 09/12/2002 Permit requirements 7 (1) No person shall drive a motor vehicle on a highway unless, (a) there exists a currently validated permit for the vehicle; (b) there are displayed on the vehicle, in the prescribed manner, (i) number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle, or (ii) number plates described in subsection (7.2) if the vehicle is an historic vehicle and the Ministry has issued a currently validated permit for it; and (c) evidence of the current validation of the permit is affixed, in the prescribed manner, to, (i) one of the number plates mentioned in subclause (b) (i) displayed on the vehicle, or (ii) to a mini-plate attached to the number plate exposed on the rear of the vehicle, if number plates described in subsection (7.2) are displayed on the vehicle. R.S.O. 1990, c. H.8, s. 7 (1); 2000, c. 29, s. 1 (1). Historic vehicle (1.1) In this section, “historic vehicle” means a motor vehicle that, (a) is at least 30 years old, and (b) is substantially unchanged or unmodified from the original manufacturer’s product. 2000, c. 29, s. 1 (2). Self-propelled implement of husbandry (2) Subsection (1) applies to a self-propelled implement of husbandry that is operated on a highway other than when travelling from farm to farm in relation to the specific use for which it was manufactured, designed, redesigned, converted or reconstructed or in travelling to or from such places as may be necessary for the maintenance or repair of the vehicle. R.S.O. 1990, c. H.8, s. 7 (2). Exemptions for cls. (1) (b, c) (3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card or an IRP cab card. 1999, c. 12, Sched. R, s. 2 (1). Permit for trailer (4) No person shall draw a trailer on a highway unless, (a) there exists a permit for the trailer; and 16  (b) there is displayed on the trailer, in the prescribed manner, a number plate showing the number of the permit issued for the trailer. R.S.O. 1990, c. H.8, s. 7 (4). Permit to be carried (5) Subject to subsection (6), every driver of a motor vehicle on a highway shall carry, (a) the permit for it or a true copy thereof; and (b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof, and shall surrender the permits or copies for inspection upon the demand of a police officer. R.S.O. 1990, c. H.8, s. 7 (5). Same (6) Where a permit is a CAVR cab card or an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. 1999, c. 12, Sched. R, s. 2 (3). Issuance of permits and number plates (7) The Ministry may issue a permit of any prescribed class, number plates and evidence of validation to any person who meets the requirements of this Act and the regulations. R.S.O. 1990, c. H.8, s. 7 (7). Permit for historic vehicle (7.1) If the Ministry issues a permit to an applicant for an historic vehicle and the applicant is in possession of number plates described in subsection (7.2), the number of the permit shall be the same as the number shown on those number plates. 2000, c. 29, s. 1 (2). Number plates for historic vehicle (7.2) Subsection (7.1) applies to number plates that, (a) are Ontario number plates that were issued during the year of manufacture of the motor vehicle; (b) are in a condition satisfactory to the Ministry; and (c) show no numbers that duplicate the number of any other existing permit. 2000, c. 29, s. 1 (2). Use of plates (8) The Ministry may authorize number plates in an applicant’s possession for use on a vehicle. R.S.O. 1990, c. H.8, s. 7 (8). Refusal to validate (9) Validation of a permit may be refused where the permit holder is indebted to the Minister of Finance in respect of a vehicle-related fee or tax or in respect of a penalty imposed under this Act. R.S.O. 1990, c. H.8, s. 7 (9); 1994, c. 27, s. 138 (4); 2006, c. 33, Sched. M, s. 2 (1). No permit when fines unpaid re specified offences (10) If the payment of a fine imposed on conviction for an offence described in subsection (11) is in default, an order or direction may be made under section 69 of the Provincial Offences Act directing that, (a) a permit held by the convicted person not be validated until the fine is paid; and (b) no permit be issued to the convicted person until the fine is paid. 2015, c. 14, s. 4 (1). Same, specified offences (11) The following are the offences referred to in subsection (10): 1. A parking infraction. 2. An offence under subsection 39.1 (2). 3. An offence where the conviction is based on evidence obtained through the use of a photo-radar system. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 7 (11) of the Act is repealed and the following substituted: (See: 2017, c. 9, s. 1 (1)) 3. An offence where the conviction is based on evidence obtained through the use of an automated speed enforcement system. 4. An offence where the conviction is based on evidence obtained through the use of a red light camera system. 17  5. An offence under subsection 175 (19) or (20). 2015, c. 14, s. 4 (1). (11.1)-(11.3) REPEALED: 2015, c. 14, s. 4 (1) Same, validation of more than one permit (12) For the purposes of clause (10) (a), if a person holds more than one permit, the order or direction may apply, at any given time, to prevent validation of only one of the permits. 2015, c. 14, s. 4 (1). No permit when fines unpaid re s. 46 (1) offences (12.0.1) If the payment of a fine imposed on conviction for an offence described in subsection 46 (1) (other than an offence described in subsection (11)) is in default, an order or direction may be made under section 69 of the Provincial Offences Act directing that, (a) no permit held by the convicted person be validated until the fine is paid; and (b) no permit be issued to the convicted person until the fine is paid. 2015, c. 14, s. 4 (1). Firefighters (12.1) On application by a person who meets the requirements of this Act and the regulations and who is a firefighter under the Fire Protection and Prevention Act, 1997, the Ministry or a person authorized by the Ministry may issue to the applicant a sticker, that indicates that the vehicle is registered to or leased by a firefighter, to be attached to the lower left hand corner of the front number plate of any motor vehicle of which the person is the registered owner or lessee. 1993, c. 8, s. 1; 2006, c. 19, Sched. T, s. 4 (1). (12.2) REPEALED: 2009, c. 5, s. 2. Same (12.3) A person to whom a sticker has been issued under subsection (12.1) shall not display the sticker upon ceasing to be a firefighter under the Fire Protection and Prevention Act, 1997 or upon ceasing to meet the requirements prescribed by the regulations. 1993, c. 8, s. 1; 2006, c. 19, Sched. T, s. 4 (2). Regulations (12.4) The Lieutenant Governor in Council may make regulations respecting the issuance, replacement and cancellation of a sticker referred to in subsection (12.1). 1993, c. 8, s. 1. Records (13) The Ministry shall maintain, (a) a numerical index record of all permits issued and in force under this section; and (b) an alphabetical index record of the names and addresses of all persons to whom permits that are in force have been issued. R.S.O. 1990, c. H.8, s. 7 (13). Effective term of permit (14) A permit that is issued or validated is in force during the period of time prescribed by the regulations. R.S.O. 1990, c. H.8, s. 7 (14). One permit only (15) No person shall apply for, secure or retain in the person’s possession more than one permit bearing the same plate number or describing the same vehicle. R.S.O. 1990, c. H.8, s. 7 (15). Minister may refuse to issue or validate or may cancel permit (16) The Minister may, in his or her discretion, refuse to issue or validate or may cancel any permit issued for any motor vehicle or trailer that is to be used or is used as a public vehicle within the meaning of the Public Vehicles Act, unless the owner of such motor vehicle or trailer is in possession of an operating licence as required by that Act. 2002, c. 18, Sched. P, s. 1. (17) REPEALED: 2002, c. 22, s. 97 (1). (18)-(20) REPEALED: 2002, c. 22, s. 97 (2). 18 Retaining portion of fee (21) Despite section 2 of the Financial Administration Act, any person who issues permits or provides any other service in relation to permits on behalf of the Minister, pursuant to an agreement with the Minister, may retain, from the fee paid, the amount that is approved by the Minister from time to time. R.S.O. 1990, c. H.8, s. 7 (21). Permit documentation (22) Before the issuance or validation of a permit under this section, the Minister may require production of the documentation that the Minister considers necessary to enable him or her to determine whether a permit may be issued or validated and that documentation may be different for different vehicles or classes of vehicles or in respect of the same vehicles or classes of vehicles used for different purposes. R.S.O. 1990, c. H.8, s. 7 (22). Administration of declarations and affidavits (23) Declarations or affidavits in connection with the issuance of permits and licences under this Act or required by the Ministry in that regard may be taken before any person having authority to administer oaths or before any person specially authorized for that purpose by the Lieutenant Governor in Council, but any person so specially authorized shall not charge any fee therefor. R.S.O. 1990, c. H.8, s. 7 (23). Regulations re permits and number plates (24) The Lieutenant Governor in Council may make regulations respecting any matter ancillary to the provisions of this Part with respect to permits and number plates and in particular, (a) prescribing forms for the purposes of this section and requiring their use; (b) respecting the issuance and validation of permits and the issuance of number plates; (c) prescribing the period of time or the method of determining the period of time during which permits shall be in force that are issued or validated for motor vehicles or trailers or any class or type of either of them; (d) prescribing fees for the issuance, validation and replacement of permits and number plates and of evidence of validation of permits; (e) governing the manner of displaying number plates on motor vehicles and trailers or any class or type of either of them; (f) governing the method of validating permits and the form of and manner of affixing, displaying or showing evidence of the validation of permits on motor vehicles; (g) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers owned by or in the possession of, (i) vehicle manufacturers, or (ii) vehicle dealers, where the vehicles are kept for sale only and prescribing conditions under which the vehicles may be operated on the highway; (h) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers owned by or in the possession of persons in the business of repairing, road testing, customizing, modifying or transporting vehicles where the vehicles are not kept for private use or for hire and prescribing conditions under which the vehicles may be operated on the highway; (i) prescribing when a permit becomes valid; (j) classifying persons and vehicles and exempting any class of person or any class of vehicle from any requirement in this Part or any regulation made under this Part and prescribing conditions for any such exemptions; (k) requiring the surrender of number plates; (l) classifying permits, providing for the issuing or validating of any class of permit and the requirements therefor and for the issuing of number plates and evidence of validation and the requirements therefor; (m) prescribing requirements for the purposes of subsections 11 (3) and (4); (n) prescribing conditions precedent or subsequent for the issuing or validating of any class of permit or number plate or the issuing of any evidence of validation; 19 (n.1) providing for exemptions from the application of orders or directions made under section 69 of the Provincial Offences Act pursuant to subsection (12.0.1), including exemptions from all or part of an order or direction and providing for conditions or limitations on exemptions; (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. Application of subss. (10) and (12.0.1) (25) Subject to any exemptions in the regulations, subsections (10) and (12.0.1) apply with respect to an offence even if the offence, conviction, imposition of the fine or default of payment of the fine occurred before those subsections, as enacted by subsection 4 (1) of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015, come into force. 2015, c. 14, s. 4 (3). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 2 - 01/09/1993; 1993, c. 8, s. 1 - 21/07/1993; 1993, c. 27, Sched. - 31/12/1991; 1993, c. 31, s. 2 (1-4) - 15/08/1994; 1994, c. 27, s. 138 (4) - 01/03/1995; 1994, c. 27, s. 138 (5) - 01/04/1995; 1998, c. 38, s. 1 (1, 2) - 20/11/2000; 1998, c. 38, s. 1 (3) - 01/08/2002 (see 2002, c. 15); 1999, c. 12, Sched. R, s. 2 (1, 3) - 01/01/2001; 1999, c. 12, Sched. R, s. 2 (2, 4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2000, c. 29, s. 1 (1, 2) - 21/12/2000 2002, c. 18, Sched. P, s. 1 - 01/01/2006; 2002, c. 22, s. 96 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011; 2002, c. 22, s. 97 (1, 2) - 09/12/2002 2004, c. 22, s. 1 (1, 2) - 01/09/2005 2005, c. 26, Sched. A, s. 1 - 01/01/2006 2006, c. 19, Sched. T, s. 4 (1, 2) - 22/06/2006; 2006, c. 33, Sched. M, s. 2 (1, 2) - 20/12/2006 2009, c. 5, s. 2 - 23/04/2009 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) - not in force; 2017, c. 9, s. 1 (2) - no effect - see 2017, c. 9, s. 1 (3) 7.0.1 Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. P, s. 2 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012 International Registration Plan 7.1 (1) The Minister may apply to have Ontario made a member of the reciprocal agreement known as the International Registration Plan. 1999, c. 12, Sched. R, s. 3. Effect of membership in Plan (2) If Ontario is a member of the Plan, the provisions of this Part and the regulations made under this Part are subject to the provisions of the Plan with respect to, (a) the issuance of permits for commercial motor vehicles engaged in interprovincial or international travel; and (b) the registration and licence fees for such vehicles, which shall be apportioned, as provided in the Plan, on the basis of the distance travelled by the vehicles within each jurisdiction that is a member of the Plan. 1999, c. 12, Sched. R, s. 3. Exemptions (3) If Ontario is a member of the Plan, persons who reside in or are based in another jurisdiction that is a member of the Plan are exempt, if so provided in the Plan, from the requirements of this Part and from the fees prescribed under this Part with respect to commercial motor vehicles owned or leased by such persons. 1999, c. 12, Sched. R, s. 3. Same (4) A person is not entitled to an exemption under subsection (3) unless the person is in compliance with the motor vehicle laws of the jurisdiction where the commercial motor vehicle owned or leased by the person is registered. 1999, c. 12, Sched. R, s. 3. 20 Interpretation (5) For the purpose of subsection (3), where a person resides or is based shall be determined in accordance with the terms of the Plan. 1999, c. 12, Sched. R, s. 3. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. R, s. 3 - 21/02/2000 Record-keeping by IRP permit holders 7.2 (1) Every holder of an IRP cab card issued under subsection 7 (7) shall maintain and preserve the prescribed records for five years after the registration year for which the IRP cab card was issued. 2002, c. 22, s. 98; 2004, c. 31, Sched. 18, s. 1. Offence (2) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2004, c. 31, Sched. 18, s. 1 - 16/12/2004 Examination and inspection 7.3 (1) The Minister may appoint one or more employees of the Government of Ontario as IRP inspectors. 2002, c. 22, s. 98. Identification (2) An IRP inspector conducting an examination and inspection shall produce, on request, evidence of his or her appointment. 2002, c. 22, s. 98. Powers (3) For any purpose related to the administration or enforcement of the International Registration Plan, an IRP inspector may, at any reasonable time, enter any place where activities related to an IRP cab card holder’s operation of commercial motor vehicles are carried on or where anything is kept or done in connection with such operation or any records are kept under this Part. 2002, c. 22, s. 98. Same (4) An IRP inspector may conduct an examination and inspection at the place entered under subsection (3) and for such purpose may, (a) examine and inspect a record or other thing that may be relevant to the examination and inspection; (b) require the production of a record or other thing that the IRP inspector thinks may be relevant to the examination and inspection; (c) remove for examination, inspection or copying any record or other thing that the IRP inspector thinks may be relevant to the examination and inspection; (d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place and require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, to give the IRP inspector all reasonable assistance in using them; (e) require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, to give the IRP inspector all reasonable assistance in the examination and inspection; (f) question any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, on matters that the IRP inspector thinks may be relevant to the examination and inspection and require answers to be made orally or in writing; (g) require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder or any driver engaged by the holder, to attend at the place with the IRP inspector for the purpose of clause (d), (e) or (f). 2002, c. 22, s. 98. 21 Written demand for records (5) An IRP inspector may at any time, for any purpose related to the administration or enforcement of the International Registration Plan, deliver a demand personally on an IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder or any driver engaged by the holder, or mail a demand to such person at the latest address of the person appearing on the records of the Ministry, requiring that the person deliver to the IRP inspector, within the time specified in the demand, any record or other thing the production of which could be required under clause (4) (b). 2002, c. 22, s. 98; 2009, c. 5, s. 3 (1). Same (6) A demand sent by mail shall be deemed to have been received on the fifth day after it was mailed, unless the person to whom the demand was mailed establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the demand. 2002, c. 22, s. 98; 2009, c. 5, s. 3 (2). Obligation to produce and assist (7) If an IRP inspector requires that a record or other thing be produced under clause (4) (b) or delivered to him or her under subsection (5), the person upon whom the demand is made shall produce or deliver it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2002, c. 22, s. 98. Records and things removed (8) An IRP inspector who removes a record or other thing under clause (4) (c) or to whom a record or other thing is delivered pursuant to a demand made under subsection (5) shall give a receipt for the record or thing and return the record or thing to the person who produced or delivered it within a reasonable time. 2002, c. 22, s. 98; 2009, c. 5, s. 3 (3). Powers to assist other IRP jurisdictions (9) An IRP inspector, accompanied by an official from another jurisdiction that is a member of the International Registration Plan, may exercise his or her powers under this section for any purpose related to the administration or enforcement of the International Registration Plan by the other jurisdiction and subsections (2) and (3), clause (12) (c) and subsection (13) apply, with necessary modifications, to and in respect of an official from another jurisdiction accompanying an IRP inspector who is conducting an examination and inspection under this section. 2002, c. 22, s. 98. Copies admissible in evidence (10) A copy of a record that purports to be certified to be a true copy by the IRP inspector or other employee of the Government of Ontario who made the copy is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original record and its contents. 2002, c. 22, s. 98. Same (11) A copy made from an electronic record that purports to be certified by the IRP inspector or other employee of the Government of Ontario who made the copy to be a paper copy of the electronic record and to be a true and accurate representation of the electronic record or the information contained in the electronic record, is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original record and its contents. 2002, c. 22, s. 98. Offence (12) No person shall, (a) fail to comply with a direction or requirement of an IRP inspector conducting an examination and inspection; (b) give an IRP inspector conducting an examination and inspection information that the person knows to be false, deceptive or misleading; or (c) obstruct or interfere with an IRP inspector in the performance of his or her duties under this section. 2002, c. 22, s. 98. Penalty (13) A person who contravenes subsection (12) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2009, c. 5, s. 3 (1-3) - 23/04/2009 22 Sharing examination, inspection findings with other IRP jurisdictions 7.4 The Minister shall, in accordance with the terms of the International Registration Plan, provide the findings from every examination and inspection conducted under section 7.3, (a) to such other member jurisdictions of the Plan, or their delegates, that have an interest in the findings; and (b) to the governing body of the Plan or its delegate. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 IRP inspector’s costs 7.5 Where an IRP inspector travels outside of Ontario to conduct an examination and inspection under section 7.3 respecting a holder of an IRP cab card issued under subsection 7 (7), the holder shall pay to the Minister the IRP inspector’s travel expenses and a daily fee for the IRP inspector’s work. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Assessment and reassessment of fees, etc. 7.6 (1) The Minister may assess or reassess the amount of fees owed by a holder of an IRP cab card issued under subsection 7 (7) pursuant to the International Registration Plan to the Minister and to every other member jurisdiction of the Plan and the amount of taxes owed by a holder of an IRP cab card issued under subsection 7 (7) to every other member jurisdiction of the Plan that Ontario is required to collect pursuant to the Plan at any time or times within three years after the registration year for which the fees and taxes were owed. 2002, c. 22, s. 98. Same (2) Despite subsection (1), where the Minister establishes that the holder has made any misrepresentation that is attributable to neglect, carelessness or wilful default, or has committed any fraud, in supplying any information under this Part in respect of the Plan or in omitting to disclose any information, then the Minister may assess or reassess the fees and taxes described in subsection (1) at any time the Minister considers reasonable. 2002, c. 22, s. 98. Same (3) The Minister may, under subsection (1) or (2), assess or reassess the amount of fees and taxes using whatever method the Minister considers appropriate where, as a result of an examination and inspection under section 7.3, the IRP inspector determines that, (a) the information filed by the holder with the Ministry is not substantiated by the records examined and inspected; (b) the holder failed to maintain and preserve the records required by section 7.2; or (c) a record or other thing was not produced or delivered or information disclosed as required by section 7.3. 2002, c. 22, s. 98. Same (4) The assessment or reassessment shall be based on all relevant information available to the Minister, including information about comparable permit holders. 2002, c. 22, s. 98. Penalty (5) Where the Minister assesses or reassesses an IRP cab card holder, he or she may assess a penalty equal to 10 per cent of the assessment or reassessment. 2002, c. 22, s. 98. Refund to holder (6) Where, as a result of an examination and inspection under section 7.3, it is determined that an IRP cab card holder paid fees or taxes in excess of what the holder owed pursuant to the International Registration Plan, the Minister shall assess or reassess the amount of the fees and taxes owed accordingly and the Minister may refund the excess to the holder. 2002, c. 22, s. 98. Notice (7) The Minister shall deliver a notice of assessment or reassessment personally on the IRP cab card holder or shall mail it to the holder at the latest address for the holder appearing on the records of the Ministry. 2002, c. 22, s. 98. 23 Same (8) A notice of assessment or reassessment sent by mail shall be deemed to have been received on the fifth day after it was mailed unless the holder establishes that the holder did not, acting in good faith, through absence, accident, illness or other cause beyond the holder’s control, receive it. 2002, c. 22, s. 98. Payment (9) Every person assessed or reassessed under this section shall pay to the Minister the amount assessed or reassessed within 30 days after receiving the notice of assessment or reassessment, whether or not an objection to the assessment or reassessment is outstanding. 2002, c. 22, s. 98. Included in assessment, reassessment (10) For the purposes of this section, an assessment or reassessment of fees and taxes includes travel costs and fees owed under section 7.5, penalties assessed under this section and interest owed under section 7.7. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Interest Application 7.7 (1) This section applies with respect to registration years that end on or after December 9, 2002. 2004, c. 31, Sched. 18, s. 2. Interest payable on unpaid fees and penalties (2) Interest is payable to the Minister on the amount of any unpaid fees and penalties owed to the Minister and on the amount of any unpaid fees and taxes owed to another member of the International Registration Plan and collected by Ontario pursuant to the Plan. 2004, c. 31, Sched. 18, s. 2. Same (3) Interest is payable for the period commencing on the day after the last day of the registration year for which the unpaid amount is owed until the date on which the unpaid amount, including interest, is paid. 2004, c. 31, Sched. 18, s. 2. Interest rate (4) Interest is to be calculated at the rate or rates determined in accordance with the regulations. 2004, c. 31, Sched. 18, s. 2. Waiver of interest (5) Despite subsection (2), the Minister may exempt a person from payment of part or all of the interest owing in respect of a registration year if the Minister is of the opinion that owing to special circumstances it is inequitable to charge and collect the whole amount of the interest. 2004, c. 31, Sched. 18, s. 2. Decision final (6) The Minister’s decision under subsection (5) about whether to exempt a person from the payment of interest and the amount of the exemption, if any, is final and not subject to review. 2004, c. 31, Sched. 18, s. 2. Transition (7) Interest in respect of a period before the date on which the Budget Measures Act (Fall), 2004 receives Royal Assent is to be determined in accordance with this section as it reads on and after that date, and not in accordance with this section as it read before that date. 2004, c. 31, Sched. 18, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2004, c. 31, Sched. 18, s. 2 - 16/12/2004 Objections 7.8 (1) An IRP cab card holder who objects to an assessment, reassessment or penalty may, within 30 days after receiving the notice of assessment or reassessment, serve on the Minister a written objection in the form approved by the Minister. 2002, c. 22, s. 98. 24 Decision (2) The Minister shall consider the written submissions and shall confirm, vary or set aside the assessment, reassessment or penalty objected to. 2002, c. 22, s. 98. Extension of time (3) The Minister may extend the time for objecting if the person seeking to object proves to the satisfaction of the Minister that the objection could not have been served on time. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Appeal or review from Minister’s decision 7.9 (1) No further appeal or other review shall be available from a decision under subsection 7.8 (2) except as provided in the International Registration Plan. 2002, c. 22, s. 98. Appeal or review under IRP binding (2) Where an appeal or review is provided for and conducted under the terms of the International Registration Plan, the Minister and the IRP cab card holder who was a party to the appeal or review are bound by the decision made on that appeal or review. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 False statements on IRP documents 7.10 (1) Every person is guilty of an offence who has made, or participated in, assented to or acquiesced in the making of, false or deceptive statements in an application or other documentation filed with the Ministry with respect to an IRP cab card. 2002, c. 22, s. 98. Penalty (2) A person convicted of an offence under subsection (1) is liable to one or both of the following penalties in addition to any assessment, penalty or interest under section 7.6 or 7.7: 1. A fine that is, i. not less than $1,000 or 50 per cent of the amount of the fees and taxes that was evaded, whichever is greater, and ii. not more than double the amount of the fees and taxes that was evaded, if the maximum so calculated is greater than the amount determined under subparagraph i. 2. Imprisonment for a term of not more than six months. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Permit refusal or cancellation 7.11 (1) The Minister may, in his or her discretion, cancel or refuse to issue an IRP cab card where the owner or lessee of the vehicle for which an IRP cab card has been issued under subsection 7 (7) or applied for, (a) has been convicted of an offence under section 7.2, 7.3 or 7.10; (b) has not paid all of the amounts owed by the person under this Part with respect to the IRP cab card; or (c) has not paid all of the amounts owed by the person under section 3 of the Retail Sales Tax Act. 2002, c. 22, s. 98. Same (2) The Minister may, in his or her discretion, cancel or refuse to issue an IRP cab card where the owner or lessee of the vehicle for which an IRP cab card has been issued under subsection 7 (7) or applied for is related to, (a) a person who has been convicted of an offence under section 7.2, 7.3 or 7.10; (b) a person who has not paid all of the amounts owed by the person under this Part with respect to the IRP cab card; or (c) a person who has not paid all of the amounts owed by the person under section 3 of the Retail Sales Tax Act. 2002, c. 22, s. 98. 25 Interpretation (3) An owner or lessee of a vehicle is related to a person for the purpose of subsection (2) if, (a) the owner or lessee and the person are related individuals; (b) either the owner or lessee or the person is a partner of the other or was a partner of the other or they have or have had partners in common; (c) either the owner or lessee or the person, directly or indirectly, controls or controlled or manages or managed the other; or (d) the owner or lessee and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders. 2002, c. 22, s. 98. Modification of permit (4) The Minister may, at the request of another member jurisdiction of the International Registration Plan and in accordance with the terms of the Plan, remove that jurisdiction from an IRP cab card issued under subsection 7 (7). 2002, c. 22, s. 98. Notice (5) The Minister shall give notice of the cancellation or modification of or refusal to issue an IRP cab card by delivering the notice personally on the IRP cab card holder or applicant or by mailing the notice to the person at the latest address of the person appearing on the records of the Ministry. 2002, c. 22, s. 98. Same (6) Notice sent by mail shall be deemed to have been received on the fifth day after it was mailed unless the person to whom the notice was mailed establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice. 2002, c. 22, s. 98. Objection (7) A person who has received notice that the Minister has cancelled an IRP cab card or refused to issue an IRP cab card may, within 30 days after receiving the notice, serve on the Minister a written objection in the form approved by the Minister. 2002, c. 22, s. 98. Decision (8) The Minister shall consider the written submissions and shall confirm, vary or set aside the decision objected to. 2002, c. 22, s. 98. Decision final (9) The Minister’s decision under subsection (8) is final and no further appeal or other review shall be available from it. 2002, c. 22, s. 98. Extension of time (10) The Minister may extend the time for objecting if the person seeking to object proves to the satisfaction of the Minister that the objection could not have been served on time. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Collection and disclosure of information 7.12 (1) The Minister may, for any purpose related to the administration or enforcement of the International Registration Plan, collect information, directly or indirectly, and retain and use such information, including, (a) information collected and disclosed to the Minister by another minister, another member jurisdiction of the Plan or its delegate or the governing body of the Plan or its delegate; and (b) information about the employees and agents of an IRP cab card holder or an applicant for an IRP cab card. 2002, c. 22, s. 98. Same (2) Every other minister of the Crown shall disclose to the Minister information collected by the other minister that may assist the Minister in carrying out his or her duties in the administration or enforcement of the International Registration Plan. 2002, c. 22, s. 98. 26 Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Assignment to another minister 7.13 If any power or duty of the Minister under this Part, as it relates to the International Registration Plan or an IRP cab card holder, is assigned to another minister of the Crown under the Executive Council Act, section 7.12 both applies to the other minister of the Crown as if he or she were the Minister and continues to apply to the Minister. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Disclosure to Minister of Finance re taxing statutes 7.14 The Minister shall disclose any information collected by the Minister with respect to the International Registration Plan or an IRP cab card holder to the Minister of Finance, or to any employee of the Ministry of Finance, that may assist the Minister of Finance or the employee in carrying out his or her duties in the administration or enforcement of the Fuel Tax Act, Gasoline Tax Act or Retail Sales Tax Act. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 Regulations 7.15 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing information to be included in an application for an IRP cab card; (b) prescribing the records to be maintained and preserved under section 7.2; (c) prescribing information and reports to be filed with the Ministry with respect to an IRP cab card; (d) governing the calculation of interest for the purposes of section 7.7; (e) prescribing the manner of serving objections under subsections 7.8 (1) and 7.11 (7). 2002, c. 22, s. 98; 2004, c. 31, Sched. 18, s. 3 (1). Same (2) A regulation may establish classes of IRP cab card holders and may contain different provisions and requirements for different classes. 2002, c. 22, s. 98. Retroactive (3) A regulation made under clause (1) (d) is, if it so provides, effective with reference to a period before it was filed but not earlier than December 9, 2002. 2004, c. 31, Sched. 18, s. 3 (2). Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2004, c. 31, Sched. 18, s. 3 (1, 2) - 16/12/2004 Fees 7.16 The Minister may set a daily fee for work by IRP inspectors outside of Ontario for the purpose of section 7.5. 2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 7.17 REPEALED: 2008, c. 17, s. 31. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2008, c. 17, s. 31 - 06/03/2009 27 Permit limitations 8 (1) Where the fee prescribed by the regulations for a permit or validated permit for a motor vehicle is calculated with regard to specific limitations or restrictions on the use of a vehicle, the owner of the vehicle shall not drive or cause or permit the vehicle to be driven on a highway except in accordance with the limitations or restrictions. R.S.O. 1990, c. H.8, s. 8 (1). Penalty (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500. R.S.O. 1990, c. H.8, s. 8 (2). False statement, change of name or address, obliterated vehicle no., etc. Penalty for false statement, inaccurate information 9 (1) Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person’s driver’s licence or vehicle permit may be suspended for a period of not more than six months. 2008, c. 17, s. 32 (1). Defence (1.1) A person is not guilty of an offence under subsection (1) if the person exercised all reasonable care to avoid making a false statement or including inaccurate information. 2005, c. 26, Sched. A, s. 2. Change of name or address (2) Where an owner of a motor vehicle or a plate holder changes the name or address of the owner as set out in the owner’s application for a permit or validation of a permit or in a previous notice filed under this subsection, the owner shall within six days file with the Ministry notice of the new name or address. R.S.O. 1990, c. H.8, s. 9 (2). Idem (3) Where the name or address of a lessee is on a permit and the lessee changes the name or address of the lessee from the name or address shown on the permit or from that filed under this subsection, the lessee shall within six days file with the Ministry notice of the new name or address. R.S.O. 1990, c. H.8, s. 9 (3). Filing (4) A notice may be filed under subsection (2) or (3) by forwarding it to the Ministry by registered mail. R.S.O. 1990, c. H.8, s. 9 (4). Where vehicle identification number obliterated (5) No permit shall be issued for a motor vehicle or a trailer that has a gross weight exceeding 1,360 kilograms where the manufacturer’s vehicle identification number or similar identifying mark has been obliterated or defaced until the owner has filed with the Ministry satisfactory proof of the ownership of the vehicle or trailer, and, if known, the reason for the obliteration or defacement, and, if satisfied as to the statements made, the Minister may grant permission to cut, impress, emboss or attach permanently to the vehicle or trailer a special identification number or mark, which thereafter shall be deemed sufficient for the purpose of the issuance, validation or transfer of a permit for the vehicle or trailer. R.S.O. 1990, c. H.8, s. 9 (5). Limitation (6) No proceeding for an offence under subsection (1) shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred. 2008, c. 17, s. 32 (2). Section Amendments with date in force (d/m/y) 2005, c. 26, Sched. A, s. 2 - 15/03/2006 2008, c. 17, s. 32 (1, 2) - 06/03/2009 Manufacturer’s vehicle identification number to be affixed 10 (1) No owner of a motor vehicle shall drive or permit his, her or its motor vehicle to be driven on a highway unless the motor vehicle has the manufacturer’s vehicle identification number permanently affixed. R.S.O. 1990, c. H.8, s. 10 (1). Idem (2) No owner of,