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Bill 282, Moving Ontarians More Safely Act, 2021

Mulroney, Hon. Caroline Minister of Transportation

Royal Assent received. Statutes of Ontario 2021,

chapter 26

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Bill 282 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 282 and does not form part of the law.

Bill 282 has been enacted as

Chapter 26 of the Statutes of Ontario, 2021.

Schedule

Highway Traffic Act

The

Schedule amends the Highway Traffic Act . The major

elements of the

Schedule are set out below.

The

Act is amended with respect to motor assisted bicycles and power-assisted

bicycles. The definition of “power-assisted bicycle” is amended to set out

three different types of power-assisted bicycles. The

Schedule also changes the

minimum age for operating bicycle-style power-assisted bicycles from 16 to 14.

Related amendments are also made.

The

Act is also amended to provide that an automated street car enforcement system

may be used respecting the offence of passing a street car under

section 166.

The owner of a motor vehicle is not subject to conviction or penalty as an

owner in respect of an alleged contravention of

section 166 except on the basis

of evidence obtained through the use of an automated street car enforcement

system. An owner of a motor vehicle convicted as an owner on the basis of

evidence obtained through the use of an automated street car enforcement system

is not liable to a driver’s licence suspension under

section 46 as a result of

default in payment of a fine resulting from that conviction. The driver of a

motor vehicle convicted as a driver of an offence under

section 166 on the

basis of evidence obtained through the use of an automated street car

enforcement system is not liable to imprisonment or to a probation order under

subsection 72 (1) of the Provincial Offences Act as

a result of that conviction or as a result of default in payment of a fine

resulting from that conviction.

The

Act is amended with respect to racing motor vehicles on highways and includes

the following amendments:

1. Subsection

172 (2) is amended to require a mandatory licence suspension if convicted of an

offence under subsection 172 (1).

Section

172 is amended to change the duration of the administrative impoundment of a

vehicle from seven days to 14 days and to change the duration of a licence

suspension from seven days to 30 days.

3. Sections

199 and 200 are amended to specify that, among other things, accidents

involving a vehicle’s door coming into contact with a cyclist, bicycle or

moving vehicle must be reported to the nearest police officer.

4. Clause

214.1 (7) (

b) is added to provide that a penalty for racing in a community

safety zone shall include the suspension of a person’s licence.

Various

other amendments are made to the Act, including amendments to,

(

a) establish

that the rate of speed on a highway not within a local municipality or within a

built-up area is 80 kilometres per hour;

(

b) permit

an officer appointed for carrying out the provisions of the Act to direct

traffic;

(

c) permit

the use of automated flagger assistance devices and impose requirements on

drivers relating to such devices; and

(

d) permit

a police officer or an officer appointed for carrying out the provisions of the

Act to prohibit a driver from driving a commercial motor vehicle on a highway

in the specified circumstances.

Schedule

Metrolinx Act, 2006

The

Schedule amends the definition of GO Transit in the Metrolinx

Act, 2006 to provide that the term means the Greater Toronto Transit

Authority that was continued under the GO Transit Act,

2001 , as it read immediately before August 24, 2006.

Schedule

Towing and Storage Safety and Enforcement Act, 2021

The

Schedule enacts the Towing and Storage Safety and

Enforcement Act, 2021 , which regulates the provision of towing services

and vehicle storage services, as defined in

section 1 of the Act. The provision

of any such services requires certification by the Director of Towing and

Vehicle Storage Standards appointed under the Act. The Act provides for

different categories of certificates for tow truck drivers, tow operators and vehicle

storage operators, all as defined in the Act. (Sections 1 to 10 of the Act)

Certificate

holders are subject to the requirements and standards respecting towing

services and vehicle storage services that are set out in the Act and that may

be specified by regulations made under the Act by the Lieutenant Governor in

Council. These include requirements and standards respecting the operational

aspects of providing towing services and vehicle storage services, such as

equipment, maintenance and record keeping. Prohibited practices may also be

specified by regulations made under the Act. (Sections 11 to 18 of the Act)

The

Act separately sets out requirements, standards and prohibitions to address the

protection of users of towing services and vehicle storage services, and more

may be added by regulation. These include requirements to obtain consent before

providing towing services or vehicle storage services, requirements respecting

estimates and invoices, rules about amounts that may be charged for towing services

or vehicle storage services and prohibitions on coercion and misrepresentation.

Complaints concerning conduct that may not comply with the Act or the

regulations may be made to the Director. (Sections 19 to 37 of the Act) The Act

also sets out specific rules respecting the provision of towing services at

collision scenes. (Sections 38 and 39 of the Act)

The

Act provides for the designation of highways or parts of highways as restricted

towing zones, in which only authorized certificate holders may provide towing

services. (Sections 40 to 43 of the Act) The Act also provides that one or more

dispatch services may be designated by the regulations for the purpose of

governing the dispatching of tow trucks, and that specified persons would be

required to use any such dispatch service. (Section 44 of the Act)

The

Act provides for the imposition of administrative penalties in the event of

non-compliance with the Act or the regulations, as well as offence provisions

with related penalties. (Sections 45 to 48 of the Act)

Director of Towing and Vehicle Storage Standards, with specified powers and

duties, may be appointed for the purposes of the Act. (Sections 49 to 52 of the

Act) The Director may in turn appoint inspectors for enforcement purposes. The

Act sets out the inspection powers that apply. (Sections 53 and 54 of the Act)

The

remaining provisions of the Act address various miscellaneous matters,

including forms, electronic means and formats, evidentiary matters, protections

against personal liability and transitional rules. (Sections 55 to 63 of the

Act) Regulation-making powers are set out in

section 64. Finally, a number of

consequential amendments are made to other Acts. (Sections 65 to 68 of the Act)

The main body of the Act comes into force on a day to be named by proclamation

of the Lieutenant Governor. (Section 69 of the Act)

Bill 282 2021

Act in respect of various road safety matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Highway

Traffic Act

Schedule 2

Metrolinx

Act, 2006

Schedule 3

Towing

and Storage Safety and Enforcement Act, 2021

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

(3), this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Moving Ontarians More Safely Act, 2021 .

Schedule 1

Highway Traffic Act

The definition of “power-assisted bicycle” in subsection 1 (1) of the Highway Traffic Act is repealed and the following

substituted:

“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”)

The Act is amended by adding the following section:

Adoption

by reference

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.

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.

Section 38 of the Act is repealed and the following substituted:

Minimum

age to drive power-assisted bicycle

(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.

Same

(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.

Same

(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.

Same

(4) No

person who is the owner or is in possession or control of a power-assisted

bicycle referred to in subsection (3) shall permit a person who is under the

age of 16 years to operate the power-assisted bicycle on a highway.

Minimum

age to drive motor assisted bicycle

38.1

(1) No

person under the age of 16 years shall ride on, drive or operate a motor

assisted bicycle on a highway.

Same

(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.

Paragraph 1 of subsection 48.3 (3) of the Act is amended by striking out “320.27

or”.

Subclause 50.1 (2) (a) (

i) of the Act is amended by striking out “320.27 or”.

Subsection 57 (4.1) of the Act is amended by striking out “320.18” and

substituting “320.24”.

Clauses 103.1 (3) (

a) and (

b) of the Act are repealed and the following

substituted:

(

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;

Subsection 104 (2.2) of the Act is repealed and the following substituted:

Duty

of parent or guardian

(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).

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).

(1) Subsection 109 (6.1) of the Act is amended by striking out “a

trailer” and substituting “a full trailer, a semi-trailer”.

(2) Subsection

109 (6.2) of the Act is amended by striking out “and despite subsection (6.1)”.

Subsection 128 (1) of the Act is amended by adding the following clause:

(b.1) 80

kilometres per hour on a highway not within a local municipality or within a

built-up area;

(1) Subsection 134 (1) of the Act is amended by adding “or an

officer appointed for carrying out the provisions of this Act” after “police

officer” in the portion before clause (a).

(2) Subsection

134 (2) of the Act is amended by adding “or an officer appointed for carrying

out the provisions of this Act” after “police officer”.

(3) Clause

134 (4) (

a) of the Act is revoked and the following substituted:

(

a) the

driver of a road service vehicle, an ambulance, a fire department vehicle, a

public utility emergency vehicle, a police department vehicle or a vehicle

operated by an officer appointed for carrying out the provisions of this Act;

(1) Subsections 146.1 (2) to (6) of the Act are repealed and the

following substituted:

Same

— automated flagger assistance device

(2) Where

traffic is reduced to one lane on a two-lane highway, a traffic control person

may use an automated flagger assistance device in addition to or instead of a

traffic control stop or slow sign on a roadway or adjacent to a roadway where

construction or maintenance work is being carried out.

Driver

required to stop — traffic control stop sign

(3) Where

a traffic control person displays a traffic control stop sign, the driver of

any vehicle or street car approaching the person shall stop before reaching him

or her and shall not proceed until the traffic control person stops displaying

the traffic control stop sign.

Driver

required to stop — automated flagger assistance device

(3.1) Where

an automated flagger assistance device displays a circular red indication and

the gate arm is lowered, the driver of any vehicle or street car approaching

stop is to be made or, if there is no such sign, shall stop before reaching the

automated flagger assistance device, and shall not proceed until the automated

flagger assistance device stops displaying the circular red indication and the

gate arm is raised.

Driver

required to slow down — traffic control slow sign

(4) Where

a traffic control person displays a traffic control slow sign, the driver of

any vehicle or street car approaching the person shall approach the person and

proceed past him or her and past the construction or maintenance work or scene

of an accident with caution and at a slow rate of speed so as not to endanger

any person or vehicle on or adjacent to the roadway.

Driver

required to slow down — automated flagger assistance device

(4.1) Where

an automated flagger assistance device displays a flashing circular amber

indication, the driver of any vehicle or street car approaching the automated

flagger assistance device shall approach and proceed past it and the

construction or maintenance work or scene of an accident with caution and at a

slow rate of speed so as not to endanger any person or vehicle on or adjacent

to the roadway.

Unauthorized

use of sign or device

(5) No

person, other than a traffic control person or an over-dimensional vehicle

escort appointed under

section 110.5, shall display on a highway a traffic

control stop or slow sign or use an automated flagger assistance device.

Regulations

(6) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

the type, design and specifications of traffic control stop and slow signs and

governing their use;

(

b) prescribing

the type, design and specifications of automated flagger assistance devices and

governing their use.

(2) Subsection

146.1 (7) of the Act is amended by adding the following definition:

“automated

flagger assistance device” means a self-contained, portable traffic control

system that is operated remotely by a traffic control person to control traffic

movement and features a circular red lens, a circular yellow lens, and a gate

arm; (“dispositif automatisé d’aide à la signalisation”)

(3) The

definition of “traffic control person” in subsection 146.1 (7) of the Act is

amended by striking out “or” at the end of clause (a), by adding “or” at the

end of clause (

b) and by adding the following clause:

(

c) is

a firefighter while attending to an emergency situation.

Subsection 157 (2) of the Act is amended by striking out “or” at the end of

clause (c), by adding “or” at the end of clause (

d) and by adding the following

clause:

(

e) a

commercial motor vehicle that is being used for the construction of the

highway, if the movement is made in safety.

Section 166 of the Act is amended by adding the following subsections:

Certificate

of offence — owner

(3) A

person who issues a certificate of offence or who prepares an information to be

laid under the Provincial Offences Act for a

contravention of subsection (1) shall, despite that Act and the regulations

under that Act, specify this subsection, instead of subsection (1), as the

provision that was contravened, if the defendant is being charged as the owner

of the motor vehicle.

Same

(4) A

person who issues a certificate of offence or who prepares an information to be

laid under the Provincial Offences Act for a

contravention of subsection (2) shall, despite that Act and the regulations

under that Act, specify this subsection, instead of subsection (2), as the

provision that was contravened, if the defendant is being charged as the owner

of the motor vehicle.

Deemed

to specify subs. (1) or (2)

(5) A

certificate of offence, offence notice, information or summons that specifies

subsection (3) or (4) as the provision that was contravened shall be deemed to

specify that subsection (1) or (2) was contravened, as the case may be.

dismissal

(6) No

charge shall be dismissed, and no certificate of offence or information shall

be quashed, on the basis that a certificate of offence, offence notice,

information or summons specifies subsection (3) or (4), instead of subsection

(1) or (2), as the provision that was contravened.

amendment

(7) A

certificate of offence that specifies an offence under

section 166 against a

driver shall not be amended to reflect a charge against that person as an

owner.

Same

(8) A

certificate of offence or information that specifies subsection (3) or (4) as

the provision that was contravened shall not be amended to specify subsection

(1) or (2) without the consent of the prosecutor and the defendant.

Purpose

of subss. (3) to (6)

(9) The

purpose of subsections (3) to (6) is to facilitate the use of computer systems

that are maintained by the Government of Ontario for recording and processing

information related to provincial offences.

(1) Subsection 172 (6) of the Act is repealed and the following

substituted:

Administrative

30-day licence suspension

(6) Upon

a request being made under clause (5) (a), the person to whom the request is

made shall forthwith surrender their 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, the driver’s licence is suspended for a period of 30 days

from the day the request is made.

(2) Subsection

172 (7) of the Act is repealed and the following substituted:

Administrative

14-day vehicle impoundment

(7) Upon

a motor vehicle being detained under clause (5) (b), the motor vehicle shall,

at the cost of and risk to its owner,

(

a) be

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

(

b) be

impounded for 14 days from the day it was detained under clause (5) (b).

(3) Subsection

172 (9) of the Act is amended by striking out “the expiry of the seven days”

and substituting “the expiry of the 14 days”.

(4) Section

172 of the Act, as amended by subsections (1) to (3), is repealed and the

following substituted:

Racing,

stunts, etc., prohibited

(1) No

person shall drive a motor vehicle on a highway in a race or contest, on a bet

or wager or while performing a stunt.

Offence

(2) Every

person who contravenes subsection (1) is guilty of an offence and on conviction

is liable to a fine of not less than $2,000 and not more than $10,000 or to

imprisonment for a term of not more than six months, or to both, and in

addition, the court shall make an order suspending the person’s driver’s

licence,

(

a) on

a first conviction under this section, for not less than one year and not more

than three years;

(

b) on

a second conviction under this section, for not less than three years and not

more than 10 years; or

(

c) on

a third or subsequent conviction under this section, indefinitely.

Reduction

(3) An

indefinite suspension imposed under clause (2) (

c) that was not in relation to

a fourth or subsequent conviction under this

section may be reduced by the

Registrar in the prescribed circumstances.

Determining

subsequent conviction

(4) In

determining whether a conviction is a subsequent conviction for the purposes of

subsection (2), the only question to be considered is the sequence of

convictions and no consideration shall be given to the sequence of commission

of offences or whether any offence occurred before or after any conviction.

10-year

limitation

(5) A

conviction that is more than 10 years after the previous conviction is deemed

to be a first conviction for the purpose of subsection (2).

Exception

(6) Despite

subsection (5), when the subsequent conviction is within 10 years after the

previous conviction, all previous convictions that were not followed by a

10-year period without a conviction shall be taken into account for the purpose

of subsection (2).

Transition

(7) A

conviction that was more than 10 years before the date on which subsection 15

(4) of

Schedule 1 to the Moving Ontarians More Safely Act,

2021 comes into force shall not be taken into account for the purpose of

subsection (2).

Police

to require surrender of licence, detention of vehicle

(8) If

a police officer believes on reasonable and probable grounds that a person is

driving, or has driven, a motor vehicle on a highway in contravention of

subsection (1), the officer shall,

(

a) request

that the person surrender their driver’s licence; and

(

b) detain

the motor vehicle that was being driven by the person until it is impounded

under clause (10) (b).

Administrative

30-day licence suspension

(9) Upon

a request being made under clause (8) (a), the person to whom the request is

made shall forthwith surrender their 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, the driver’s licence is suspended for a period of 30 days

from the day the request is made.

Administrative

14-day vehicle impoundment

(10) Upon

a motor vehicle being detained under clause (8) (b), the motor vehicle shall,

at the cost of and risk to its owner,

(

a) be

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

(

b) be

impounded for 14 days from the day it was detained under clause (8) (b).

Release

of vehicle

(11) Subject

to subsection (13), the motor vehicle shall be released to its owner from the

impound facility upon the expiry of the period of impoundment.

Early

release of vehicle

(12) Despite

the detention or impoundment of a motor vehicle under this section, a police

officer may release the motor vehicle to its owner before it is impounded under

subsection (10) or, subject to subsection (13), may direct the operator of the

impound facility where the motor vehicle is impounded to release the motor

vehicle to its owner before the expiry of the 14 days if the officer is

satisfied that the motor vehicle was stolen at the time that it was driven on a

highway in contravention of subsection (1).

Costs

to be paid before release of vehicle

(13) The

person who operates the impound facility where a motor vehicle is impounded

under subsection (10) is not required to release the motor vehicle until the

removal and impound costs for the vehicle have been paid.

Lien

for storage costs

(14) The

costs incurred by the person who operates the impound facility where a motor

vehicle is impounded under this

section are a lien on the motor vehicle that

may be enforced under the Repair and Storage Liens Act .

Duty

of officer re licence suspension

(15) Every

police officer who asks for the surrender of a person’s driver’s licence under

this

section shall keep a record of the licence received with the name and

address of the person and the date and time of the suspension and shall, as

soon as practicable after receiving the licence, provide the person with a

notice of suspension showing the time from which the suspension takes effect

and the period of time for which the licence is suspended.

Duty

of officer re impoundment

(16) Every

police officer who detains a motor vehicle under this

section shall prepare a

notice identifying the motor vehicle that is to be impounded under subsection (10),

the name and address of the driver and the date and time of the impoundment and

shall, as soon as practicable after the impoundment of the motor vehicle,

provide the driver with a copy of the notice showing the time from which the

impoundment takes effect, the period of time for which the motor vehicle is

impounded and the place where the vehicle may be recovered.

Same

(17) A

police officer shall provide a copy of the notice prepared under subsection

(16) to the owner of the motor vehicle by delivering it personally or by mail to the

address of the owner shown on the permit for the motor vehicle or to the latest

address for the owner appearing on the records of the Ministry.

appeal or hearing

(18) There

is no appeal from, or right to be heard before, a vehicle detention, driver’s

licence suspension or vehicle impoundment under subsection (8), (9) or (10),

but this subsection does not affect the taking of any proceeding in court.

Owner

may recover losses from driver

(19) The

owner of a motor vehicle that is impounded under this

section may bring an

action against the driver of the motor vehicle at the time the vehicle was

detained under clause (8) (

b) to recover any costs or other losses incurred by

the owner in connection with the impoundment.

Offence

(20) Every

person who obstructs or interferes with a police officer in the performance of the

officer’s duties under this

section is guilty of an offence and on conviction

is liable to a fine of not less than $200 and not more than $5,000 or to

imprisonment for a term of not more than six months, or to both.

Intent

of suspension and impoundment

(21) The

suspension of a driver’s licence and the impoundment of a motor vehicle under

this

section are intended to promote compliance with this Act and to thereby

safeguard the public and do not constitute an alternative to any proceeding or

penalty arising from the same circumstances or around the same time.

Impoundment

concurrent with other administrative impoundments

(22) The

impoundment of a motor vehicle under this

section runs concurrently with an

impoundment, if any, of the same motor vehicle under

section 41.4, 48.4, 55.1,

55.2 or 82.1.

Regulations

(23) The

Lieutenant Governor in Council may make regulations,

(

a) requiring

police officers to keep records with respect to licence suspensions and vehicle

impoundments under this

section for a specified period of time and to report

specified information with respect to licence suspensions and vehicle

impoundments to the Registrar and governing such records and reports;

(

b) exempting

any class of persons or class or type of vehicles from any provision or

requirement of this

section or of any regulation made under this section,

prescribing conditions for any such exemptions and prescribing different

requirements for different classes of persons or different classes or types of

vehicles;

(

c) defining

the terms “race”, “contest” and “stunt” for the purposes of this section;

(

d) prescribing

the circumstances in which an indefinite suspension imposed by court order

under clause (2) (

c) may be reduced by the Registrar, and the conditions or

requirements before reinstatement of the driver’s licence.

Definition

(24) In

this section,

“driver’s

licence” includes a driver’s licence issued by another jurisdiction.

Same

(25) In

this

section and in

section 172.1,

“motor

vehicle” includes a street car, a motorized snow vehicle, a farm tractor, a

self-propelled implement of husbandry and a road-building machine.

(1) Section 190 of the Act is amended by adding the following

subsections:

Use

of vehicle prohibited

(6.1) A

police officer or an officer appointed for carrying out the provisions of this

Act who determines that a driver has contravened this

section or a regulation

made under this

section may prohibit the driver from driving a commercial motor

vehicle on a highway for a time period prescribed by regulation.

Same

(6.2) No

person shall drive, and no operator shall permit a driver to drive, a

commercial motor vehicle in contravention of a prohibition under subsection

(6.1).

(2) Subsection

190 (7) of the Act is amended by adding the following clause:

(

f) governing

prohibitions under subsection (6.1), including prescribing the contraventions

for which a prohibition may be imposed under that subsection, and governing

procedures for imposing a prohibition.

(3) Subsection

190 (8) of the Act is revoked and the following substituted:

Offence

and penalty

(8) Every

person who contravenes subsection (2), (3), (4), (5) or (6) or a regulation

made under this

section 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.

Same

(9) Every

person who contravenes subsection (6.2) is guilty of an offence and on

conviction is liable to a fine of not less than $500 and not more than $20,000

or to imprisonment for a term of not more than six months, or to both.

Subsection 191 (8) of the Act is amended by striking out “or” at the end of

clause (b), by adding “or” at the end of clause (

c) and by adding the following

clause:

(

d) a

driver who is subject to a prohibition under subsection 190 (6.1) or an

operator for whom the driver is working.

Subsection 199 (1) of the Act is repealed and the following substituted:

Duty

to report accident

(1) Every

person in charge of a motor vehicle or street car who is directly or indirectly

involved in an accident shall report the accident immediately to the nearest

police officer and provide the officer the information concerning the accident

as may be required by the officer under subsection (3) if,

(

a) the

accident results in personal injuries or in damage to property apparently

exceeding an amount prescribed by regulation; or

(

b) the

accident involves any door of the motor vehicle that is open or opening coming

into contact with a cyclist, a bicycle or a moving vehicle, even if the motor

vehicle is stationary, stopped or parked.

Section 200 of the Act is amended by adding the following subsection:

Interpretation,

dooring

(1.1) For

the purposes of subsection (1), a motor vehicle is deemed to be involved in an

accident if any door of the motor vehicle that is open or opening comes into

contact with a cyclist, a bicycle or a moving vehicle, even if the motor

vehicle is stationary, stopped or parked.

The Act is amended by adding the following Part:

part

xiv.4

AUTOMATED STREET CAR ENFORCEMENT

Use

of automated street car enforcement system authorized

206.1

(1) An

automated street car enforcement system may be used in accordance with this

Part and the regulations made under it respecting an alleged offence under

section 166.

Limitations

on owner liability

(2) The

owner of a motor vehicle shall not be subject to conviction or penalty as an

owner in respect of an alleged contravention of

section 166 except on the basis

of evidence obtained through the use of an automated street car enforcement

system.

Same

(3) The

owner of a motor vehicle convicted as an owner of an offence under

section 166

on the basis of evidence obtained through the use of an automated street car

enforcement system is not liable to a driver’s licence suspension under

section

46 as a result of default in payment of a fine resulting from that conviction.

Limitations

on driver liability

(4) The driver of a motor

vehicle convicted as a driver of an offence under

section 166 on the basis of

evidence obtained through the use of an automated street car enforcement system

is not liable to imprisonment or to a probation order under subsection 72

(1) of the Provincial Offences Act as a result of that

conviction or as a result of default in payment of a fine resulting from that

conviction.

Regulations

206.2

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

what constitutes an automated street car enforcement system;

(

b) defining

“photograph” for the purposes of this Part;

(

c) governing

the form, content, filing, admissibility, evidentiary value and probative force

of any notice, certificate, document or photograph that may be used for the

purpose of this Part, including,

(

i) governing

the circumstances in which the information set out in any certificate, document

or photograph is deemed to be true and in which the certificate, document or

photograph shall be received in evidence as proof of the information set out in

it,

(ii) requiring

or authorizing any person or class of persons to certify that information set

out in any certificate, document or photograph is true,

(iii) governing

the circumstances in which a certificate, document or photograph shall be

received in evidence as proof that a motor vehicle referred to in the

certificate or document, or shown in the photograph, and its driver, proceeded

when not permitted contrary to

section 166,

(iv) governing

the information that may be or must be shown or superimposed on the front or

back of the photograph, and prescribing a system of codes, symbols or

abbreviations that may be used to convey information in the photograph;

(

d) governing

the service of any notice upon the owner of a motor vehicle, including deeming

service to have been effected on a date determined in accordance with the

regulations, and authorizing service outside Ontario;

(

e) prescribing

what constitutes evidence of ownership of a vehicle for the purposes of this

Part;

(

f) prescribing

procedures, rules and duties to apply under this

Part instead of the

procedures, rules and duties otherwise established under the Provincial Offences Act , including,

(

i) procedures

and rules that govern proceedings at any stage,

(ii) rules

governing the circumstances in which a person is deemed to not wish to dispute

a charge,

(iii) rules

governing the circumstances in which a summons may or may not be issued and in

which a person may or may not be required to give oral evidence, and

(iv) the

duties of a justice of the peace;

(

g) requiring

and governing forms or certificates to be used under this Part, including forms

or certificates to be used instead of those required under the Provincial Offences Act ;

(

h) providing

that any procedure, rule, duty or other matter that applies to the use of red

light camera systems under subsections 144 (18.1) to (18.5) or

Part XIV.2

applies to the use of automated street car enforcement systems under this Part,

with necessary modifications.

Prescribing

how to refer to s. 166 in notices and certificates

(2) A

regulation made under clause (1) (

h) may prescribe rules for how to refer to

section 166 in any notice or certificate in order to facilitate the use of

computer systems that are maintained by the Government of Ontario for recording

and processing information related to provincial offences and that depend, in

order to make certain distinctions, on different provision numbers being

specified in certificates of offences.

Conflict

(3) Where

a conflict or inconsistency arises between the procedures, rules and duties

described in the Provincial Offences Act and those

required by this Part and the regulations made under it, this Part and the

regulations made under it prevail.

(1) Paragraph 3 of subsection 207 (2) of the Act is amended by

striking out “sections 145 to 168” and substituting “sections 145 to 165,

sections 167 to 168”.

(2) Section

207 of the Act is amended by adding the following subsection:

Limitation

(7.1) An

owner of a motor vehicle convicted of an offence under

section 166 on the basis

of evidence acquired through the use of an automated street car enforcement

system is not liable to imprisonment, a probation order under subsection 72

(1) of the Provincial Offences Act or a driver’s

licence suspension as a result of that conviction or as a result of default in

payment of a fine resulting from that conviction.

Subsection 214.1 (7) of the Act is repealed and the following substituted:

Penalty

for careless driving or racing in community safety zone

(7) Every

person who commits an offence under

section 130 or 172 in a community safety

zone when it is in effect is liable, on conviction, not to the penalty set out

in those sections, but to a fine of not less than double the minimum fine set

out in those sections and not more than the maximum fine set out in those

sections or to imprisonment for a term of not more than six months, or to both,

and in addition,

(

a) the

person’s licence or permit may be suspended for a period of not more than the maximum

period for which the licence or permit could be ordered suspended by a court

under

section 130; or

(

b) the

person’s licence shall be suspended for a period of not more than the maximum

period for which the licence would be ordered suspended by a court under

section 172.

Subsection 216 (1) of the Act is amended by striking out “other than a bicycle”

and substituting “other than a bicycle that is not a power-assisted bicycle”.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

(2) Sections 2, 4, 5, 6, 9, 10, 11

and 13 come into force on the day the Moving Ontarians

More Safely Act, 2021 receives Royal Assent.

Schedule 2

Metrolinx Act, 2006

The definition of “GO Transit” in subsection 1 (1) of the Metrolinx

Act, 2006 is amended by striking out “the day

section 50 comes into

force” at the end and substituting “August 24, 2006”.

Commencement

This

Schedule comes into force on the day the Moving

Ontarians More Safely Act, 2021 receives Royal Assent.

Schedule 3

Towing and Storage Safety and Enforcement Act, 2021

CONTENTS

Interpretation

Definitions

Certification

Tow

operators

Tow

truck drivers

Vehicle

storage operators

Certificates

Conditions

of a certificate

Suspension,

revocation

Procedures

for refusals, suspensions and revocations

Appeal

Inquiries

re eligibility

Provision of Towing Services

and Vehicle Storage Services

Requirements

under tow certificate

Requirements

under tow driver’s certificate

Surrender

of documents, etc., by driver or other person

Vehicle

impoundment if no or suspended certificate

Requirements

under vehicle storage certificate

Insurance

Prohibited

practices

Records

Protection of Users of Towing

Services and Vehicle Storage Services

Requirements

re persons using services

Requirement

to obtain consent for towing services

Directions

re towing

Duties

of vehicle storage certificate holders

Requirement

to obtain consent for vehicle storage services

Access

to vehicle

Restriction

on passengers in tow trucks

Estimates

Invoices

Charges

for services

Restrictions

on inducements

Restrictions

on referrals

Disclosure

of interest

Illegal

charges

False

information

coercion

Information

to be provided

Representations

Complaints

Collision Scenes

Restriction

on provision of towing services at collision

Compliance

with directions at collision scene

Restricted Towing Zones

Restricted

towing zones

Designation

of restricted towing zones

Tow

trucks to be marked

Documents

to be carried

Dispatch Services

Dispatch

services

Penalties and Offences

Administrative

penalties

Offences

Tow

operator may be convicted if driver contravenes

Notice

of conviction to Director

Director of Towing and Vehicle

Storage Standards

Director

of Towing and Vehicle Storage Standards

Requirement

to keep records

Information

re certain certificate holders

Collection

and disclosure of information

Inspectors and Inspections

Inspectors

Inspections

Miscellaneous

Forms

Electronic

means and formats

Notice

Evidence

Interest

and penalties when fee payment dishonoured

Conflict,

Repair and Storage Liens Act

Protection

from personal liability

Crown

bound

Transition

Regulations

Regulations

Consequential Amendments

Consumer

Protection Act, 2002

Highway

407 Act, 1998

Highway

Traffic Act

Repair

and Storage Liens Act

Commencement and

Short Title

Commencement

Short

title

Interpretation

Definitions

1 In this Act,

“certificate”

means a tow certificate, tow driver’s certificate or vehicle storage

certificate, as the case may be, issued under

section 5; (“certificat”)

“condition”,

in relation to a certificate, includes a limitation, restriction or

endorsement, and includes a deemed condition; (“ condition ”)

“Director”

means the Director of Towing and Vehicle Storage Standards appointed under

section 49; (“ directeur ”)

“drive”,

in relation to a tow truck, means to drive, use or otherwise operate the tow

truck; (“ conduire ”)

“driver’s

licence” has the same meaning as in subsection 1 (1) of the Highway Traffic Act ; (“ permis de conduire ”)

“highway”

has the same meaning as in subsection 1 (1) of the Highway

Traffic Act ; (“voie publique”)

“inspector”

means an inspector appointed under

section 53; (“inspecteur”)

“Minister”

means the Minister of Transportation or such other member of the Executive

Council to whom responsibility for the administration of this Act may be

assigned or transferred under the Executive Council Act ;

(“ministre”)

“Ministry”

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

“motor

vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act ; (“véhicule automobile”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

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

“restricted

towing zone” means a highway or part of a highway designated under

section 41

as a restricted towing zone; (“zone restreinte de dépannage”)

“tow

certificate” means a certificate issued under

section 5 to a tow operator; (“ certificat

de remorquage ”)

“tow

driver’s certificate” means a certificate issued under

section 5 to a tow truck

driver; (“ certificat de conducteur de dépanneuse ”)

“towing”,

subject to the regulations, includes,

(

a) the

transportation of motor vehicles using a tow truck,

(

b) any

ancillary activity such as lifting a motor vehicle for the purposes of loading,

towing or transporting it or placing it onto a truck or trailer for the purpose

of towing or transporting, and

(

c) any

other prescribed activity; (“ remorquage ”)

“towing

services” includes,

(

a) towing,

recovery or transportation in respect of motor vehicles that are disabled,

abandoned, impounded, seized, damaged, incomplete or inoperable or that require

removal from a location for any other reason,

(

b) clearing

debris from collisions on a highway, and

(

c) any

other prescribed activity; (“ services de remorquage ”)

“tow

operator” means a person who, directly or indirectly, alone or with others,

operates, manages, supervises, runs or directs the offer of or provision of

towing services, and includes,

(

a) an

operator, as defined in subsection 16 (1) of the Highway

Traffic Act , of a tow truck, and

(

b) any

other prescribed person; (“ exploitant de services de remorquage ”)

“tow

truck” means,

(

a) a

motor vehicle commonly known as a tow truck,

(

b) a

commercial motor vehicle, as defined in subsection 1 (1) of the Highway Traffic Act , with a flatbed that can tilt to load

and that is used exclusively to tow or transport other motor vehicles, and

(

c) subject

to any prescribed exceptions, a motor vehicle that is designed, modified,

configured or equipped so that it is capable of towing other motor vehicles;

(“dépanneuse”)

“tow

truck driver” means a person who drives a tow truck for the purpose of

providing towing services; (“ conducteur de dépanneuse ”)

“vehicle

permit” means a permit as defined in subsection 6 (1) of the Highway Traffic Act ; (“certificat d’immatriculation de

véhicule”)

“vehicle

storage certificate” means a certificate issued under

section 5 to a vehicle

storage operator; (“ certificat d’entreposage de véhicules ”)

“vehicle

storage operator” means a person who, directly or indirectly, alone or with

others, operates, manages, supervises, runs or directs the offer of or

provision of vehicle storage services; (“ exploitant de services

d’entreposage de véhicules ”)

“vehicle

storage services” means the receiving and holding of towed and impounded motor

vehicles and any other prescribed services; (“ services d’entreposage

de véhicules ”)

“vehicle

storage yard facility”, subject to the regulations, means a lot, yard or other

premises used to provide vehicle storage services. (“ installation

d’entreposage de véhicules ”)

Certification

Tow

operators

(1) No

person shall, except under the authority of a tow certificate and in accordance

with this Act and the regulations,

(

a) provide

or offer to provide towing services; or

(

b) hold

themself out as a tow operator.

Provision

of towing services

(2) For

the purposes of subsection (1), a person provides towing services regardless of

whether the person provides the services by employing or engaging a tow truck

driver to drive a tow truck that the person owns or operates or whether the

person drives such a tow truck themself.

Same

(3) For

greater certainty, subsection (1) does not apply with respect to a person who

drives a tow truck only on behalf of a tow operator.

Tow

truck drivers

3 No person shall, except

under the authority of a tow driver’s certificate and in accordance with this

Act and the regulations,

(

a) drive

a tow truck to provide towing services; or

(

b) hold

themself out as a tow truck driver.

Vehicle

storage operators

4 No person shall, except

under the authority of a vehicle storage certificate and in accordance with

this Act and the regulations,

(

a) provide

or offer to provide vehicle storage services; or

(

b) hold

themself out as a vehicle storage operator.

Certificates

Issuance

(1) The

Director may, subject to subsection (3), issue a tow certificate, tow driver’s

certificate or vehicle storage certificate to an applicant, if the Director is satisfied

that the applicant meets the qualifications and requirements prescribed for the

certificate.

Renewal

(2) The

Director may, subject to subsection (3), renew a certificate if the Director is

satisfied that the holder meets the qualifications and requirements prescribed

for the certificate.

issuance or renewal despite qualification

(3) Regardless

of whether an applicant or certificate holder meets the prescribed

qualifications and requirements for a certificate, the Director,

(

a) shall

refuse to issue or renew the certificate in the prescribed circumstances; and

(

b) may

refuse to issue or renew the certificate,

(

i) if

the applicant or holder owes an outstanding fee, fine or administrative

penalty, or any interest or penalty in respect of such a fee, fine or penalty,

under this Act, the Highway Traffic Act or the Provincial Offences Act ,

(ii) if

the Director determines that a prescribed circumstance applies, or

(iii) for

any prescribed reason.

One

certificate only

(4) No

person may hold,

(

a) more

than one tow certificate;

(

b) more

than one tow driver’s certificate; or

(

c) more

than one vehicle storage certificate.

Certificate

not transferable

(5) A

certificate is not transferable or assignable.

Conditions

of a certificate

(1) The

Director may, in issuing a certificate, attach to it any condition that the

Director considers appropriate, including an expiry date.

Deemed

conditions

(2) Every

certificate is deemed to contain the following conditions:

1. The

certificate holder is required to take all reasonable precautions to prevent

loss of or from, or damage to, any motor vehicle that is being towed, is being

held in a vehicle storage yard facility or is otherwise under the certificate

holder’s control.

2. Any

other prescribed condition.

Variation

of conditions

(3) The

Director may, at any time and as the Director considers appropriate, amend a

certificate by,

(

a) varying

a condition attached to the certificate, other than a condition listed under

subsection (2);

(

b) attaching

a condition prescribed for the purposes of this subsection to the certificate;

(

c) removing

a condition from the certificate, other than a condition listed under

subsection (2).

Compliance

(4) A

certificate holder shall comply with the conditions to which the certificate is

subject.

Suspension,

revocation

(1) The

Director may suspend or revoke a certificate,

(

a) if

the Director is satisfied that the holder no longer meets the qualifications

and requirements prescribed for the certificate;

(

b) if

the holder has contravened or failed to comply with this Act or the

regulations;

(

c) if

the payment of a fee for the issuance or renewal of the certificate has been

dishonoured;

(

d) if

the Director is satisfied that there are reasonable grounds to believe that the

holder is not carrying out activities under the certificate with honesty and

integrity;

(

e) for

any prescribed reason; or

(

f) for

any other sufficient reason.

Automatic

suspension of tow driver’s certificate

(2) If

the driver’s licence of a holder of a tow driver’s certificate is cancelled,

suspended or otherwise ceases to be in force under any Act or other law, the

tow driver’s certificate is suspended.

Reinstatement

(3) The

Director may lift a suspension of a tow driver’s certificate under subsection

(2) if the driver’s licence is reinstated.

Procedures

for refusals, suspensions and revocations

8 Refusals to issue or

renew a certificate and suspensions and revocations of a certificate shall be

subject to the prescribed procedures, including any requirements specified by

the regulations that the Director give notice of a refusal, suspension or

revocation.

Appeal

(1) If the

regulations so provide, one or more of the following decisions, as specified by

the regulations and subject to any prescribed exceptions, may be appealed to

the prescribed person or entity by the applicant or certificate holder in

accordance with the regulations:

1. A

decision to refuse to issue a certificate.

2. A

decision to refuse to renew a certificate.

3. A

decision to suspend a certificate.

4. A

decision to revoke a certificate.

5 . A

decision to amend a certificate under subsection 6 (3).

6. Any

other decision of the Director specified by the regulations.

stay

(2) Except

as otherwise provided by the regulations, an appeal does not operate as a stay

of the decision.

Inquiries

re eligibility

10 A person shall respond

promptly to any inquiries from the Director for information relating to the

person’s eligibility to hold a certificate.

Provision of Towing Services

and Vehicle Storage Services

Requirements

under tow certificate

(1) Every

tow certificate holder shall, in providing or offering to provide towing

services,

(

a) comply

with the prescribed requirements and standards respecting the provision of towing

services that are applicable to the holder; and

(

b) ensure

that every person employed or engaged by the holder and any other prescribed

person complies with this Act and the regulations, including the prescribed

requirements and standards respecting the provision of towing services.

Employment,

engagement of tow truck drivers

(2) No

tow certificate holder shall employ or engage a person as a tow truck driver

unless the person is the holder of a valid tow driver’s certificate.

Tow

truck requirements

(3) Every

tow certificate holder shall ensure that every tow truck it uses to provide

towing services meets the prescribed requirements, has the prescribed equipment

and is inspected and maintained in accordance with the regulations.

Requirements

under tow driver’s certificate

12 Every tow driver’s

certificate holder shall, in driving a tow truck to provide towing services,

comply with the prescribed requirements and standards respecting the provision

of towing services that are applicable to the holder.

Surrender

of documents, etc., by driver or other person

13 On the demand of a

police officer or inspector, a tow driver’s certificate holder or any other

person with the care, charge or control of a tow truck shall surrender the

prescribed documents for inspection and furnish the prescribed information to

the police officer or inspector.

Vehicle

impoundment if no or suspended certificate

(1) A police

officer shall detain a tow truck if the police officer is satisfied that a

person was driving a tow truck on a highway at a time when,

(

a) the

tow truck driver did not hold a valid tow driver’s certificate; or

(

b) the

tow operator of the tow truck did not hold a valid tow certificate.

Same

(2) A

tow truck detained under subsection (1) shall, at the cost and risk of the tow

operator,

(

a) be

removed to a vehicle storage yard facility as directed by a police officer; and

(

b) be

impounded for seven days from the time it was detained.

Application

of impoundment rules

(3) Except as otherwise provided by

the regulations, subsections 55.2 (2) to (18) of the Highway

Traffic Act apply, with the prescribed and any other necessary

modifications, with respect to the impounding of a tow truck under subsection

(1).

Intent

of impoundment

(4) The

impoundment of a tow truck under this

section is intended to promote compliance

with this Act and the regulations and to safeguard the public, and does not

constitute an alternative to any proceeding or penalty arising from the same

circumstances or around the same time.

Requirements

under vehicle storage certificate

(1) Every

vehicle storage certificate holder shall, in providing or offering to provide

vehicle storage services,

(

a) comply with the

prescribed requirements and standards respecting the provision of vehicle

storage services that are applicable to the holder; and

(

b) ensure

that persons employed or engaged by the holder and any other prescribed person

complies with this Act and the regulations, including the prescribed

requirements and standards respecting the provision of vehicle storage

services.

Vehicle

storage yard facility requirements

(2) Every

vehicle storage certificate holder shall ensure that the holder’s vehicle

storage yard facility meets the prescribed requirements.

Insurance

(1) No tow

certificate holder shall provide or offer to provide towing services unless the

holder is insured as required by the regulations.

Same

(2) No

vehicle storage certificate holder shall provide or offer to provide vehicle

storage services unless the holder is insured as required by the regulations.

Prohibited

practices

17 No certificate holder

shall engage in practices that are prescribed as prohibited practices.

Records

(1) Every

certificate holder shall keep the prescribed records in accordance with the prescribed

requirements and, on the demand of the Director, a police officer or an

inspector, shall produce and surrender a copy of any such record or any

information required to be contained in any such record.

Reports

(2) Every

certificate holder shall submit any prescribed reports to the Director in

accordance with the prescribed requirements.

Reports

of collisions and incidents

(3) A

tow certificate holder shall report to the Director any collision or other

incident involving a tow truck owned or operated by the holder that,

(

a) resulted

in injury to or the death of any person;

(

b) is

required to be reported under

section 199 of the Highway

Traffic Act ; or

(

c) is

prescribed.

Protection of Users of

Towing Services and Vehicle Storage Services

Requirements

re persons using services

19 Every certificate

holder shall comply with the prescribed requirements and standards respecting

persons who request or receive towing services or vehicle storage services.

Requirement

to obtain consent for towing services

(1) Unless

the consent of the person specified by the regulations in relation to a motor

vehicle is first obtained by a tow driver’s certificate holder in accordance

with the regulations,

(

a) the

holder shall not provide, or attempt to provide, towing services in respect of

the motor vehicle; and

(

b) neither

the holder nor the tow certificate holder shall charge or demand payment for

any towing services in respect of the motor vehicle.

Same

(2) Subsection

(1) does not apply if the motor vehicle is being impounded or in any other

circumstances that may be prescribed.

Consent

requirements

(3) The

tow driver’s certificate holder shall, in accordance with the regulations,

document a consent required to be provided under subsection (1) and provide a

copy of the signed documentation to the consenting person.

alteration

(4) No

person shall alter a documented consent after it has been signed by the

parties, except as permitted by the regulations.

Restriction

on interference

(5) No

tow driver’s certificate holder shall attempt to obtain consent for towing

services in respect of a motor vehicle if another tow driver’s certificate

holder has already obtained consent to provide towing services for that motor

vehicle that have not yet been provided.

Directions

re towing

(1) Subject

to any consent required under

section 20, a tow driver’s certificate holder

shall, unless the regulations provide otherwise, tow the motor vehicle to the

location specified by the person prescribed with respect to the motor vehicle,

and in accordance with any directions that the person may give.

Information

to be provided to vehicle storage operator

(2) A

tow driver’s certificate holder who tows a motor vehicle to a vehicle storage

yard facility shall provide the prescribed information to the vehicle storage

operator in accordance with the regulations.

Duties

of vehicle storage certificate holders

Records

(1) Every

vehicle storage certificate holder shall, in accordance with the regulations,

maintain a record of the motor vehicles towed to and removed from the holder’s

vehicle storage yard facility.

Notification

(2) A

vehicle storage certificate holder shall, in the time and manner specified by

the regulations,

(

a) notify

the prescribed person of the location of a motor vehicle that has been towed to

the holder’s vehicle storage yard facility; and

(

b) provide

to the person any other information that may be prescribed.

Requirement

to obtain consent for vehicle storage services

(1) The

vehicle storage certificate holder shall, in the time and manner specified by

the regulations and in accordance with subsection (3), obtain the person’s

consent to the vehicle storage services.

Same

(2) Subsection

(1) does not apply if the motor vehicle has been impounded or in any other

circumstances that may be prescribed.

Same

(3) Except

as provided by the regulations, a consent under subsection (1) must be obtained

before the vehicle storage certificate holder may charge or demand payment for

the vehicle storage services.

Consent

requirements

(4) The

vehicle storage certificate holder shall, in accordance with the regulations,

(

a) document

a consent required to be provided under subsection (1); and

(

b) provide

a copy of the documentation, signed in accordance with the regulations, to the

consenting person.

alteration

(5) No

person shall alter a documented consent after it has been signed by the

parties, except as permitted by the regulations.

Access

to vehicle

(1) A tow

driver’s certificate holder shall, before towing the motor vehicle or at such

other time as may be prescribed, permit the person who consented to the towing

services to have access to the motor vehicle at no charge in order to retrieve

personal property.

Same

(2) A

vehicle storage certificate holder shall permit the owner of a motor vehicle

and any other prescribed person to have reasonable access to the motor vehicle

at no charge during the holder’s regular business hours or, if the premises do

not have regular business hours, at any time the premises are open for

business, in order to retrieve personal property.

Exceptions

(3) A

police officer may direct, or the regulations may provide, that subsection

(1) or (2), or both, do not apply with respect to a motor vehicle.

Requirements

re vehicle access

(4) In

permitting a person to have access to a motor vehicle, a certificate holder

shall comply with any prescribed requirements.

pressuring

(5) No

certificate holder shall retain anything that a person is entitled to retrieve

under subsection (1) or (2) as a means of pressuring the person to make a

payment to the holder for towing services or vehicle storage services.

Restriction

on passengers in tow trucks

25 No tow driver’s

certificate holder shall allow a person to travel as a passenger in a tow

truck, except,

(

a) if

the person is travelling as a passenger for the purpose of assisting the tow

truck driver in carrying out towing services; or

(

b) as

permitted by, and in accordance with, the regulations.

Estimates

Towing

services, if consent

(1) If

consent to towing services is required under

section 20, the tow driver’s

certificate holder or tow certificate holder, as the case may be, shall, before

the consent is obtained or at such other time as may be prescribed, provide an

estimate for the services in accordance with the prescribed requirements to the

person who would be providing the consent, together with any other prescribed

document or information.

Vehicle

storage services, if consent

(2) If

consent to vehicle storage services is required under

section 23, a vehicle

storage certificate holder shall, when obtaining the consent, provide an

estimate for the services in accordance with the prescribed requirements to the

person who would be providing the consent, together with any other prescribed

document or information.

Exceptions

(3) Subsections

(1) and (2) do not apply in the prescribed circumstances.

no consent

(4) If

consent under

section 20 or 23 is not required, the tow driver’s certificate

holder, tow certificate holder or vehicle storage certificate holder, as the

case may be, shall provide an estimate in accordance with the regulations.

charge for estimate

(5) No

certificate holder shall charge or demand payment for preparing an estimate.

Invoices

Towing

services

(1) No tow

certificate holder or tow driver’s certificate holder shall charge or demand

payment for towing services unless the holder first provides to the person

receiving the services an invoice in accordance with the regulations.

Vehicle

storage services

(2) No

vehicle storage certificate holder shall charge or demand payment for vehicle

storage services unless the holder first provides to the person receiving the

services an invoice in accordance with the regulations.

Exceptions

(3) Subsections

(1) and (2) do not apply in the prescribed circumstances.

Charges

for services

(1) No

certificate holder shall charge an amount for towing services or vehicle

storage services, or for any related or ancillary services that may be

prescribed, that is not in accordance with the regulations.

charging for work not done

(2) No

certificate holder shall charge an amount for towing services or vehicle

storage services that were not actually provided.

Restrictions

on inducements

(1) No

certificate holder shall, directly or indirectly, give or receive or offer to

give or receive anything in consideration of the furnishing of information or

advice given in respect of the occurrence of a collision or the presence of a

motor vehicle that requires towing, for the purpose of,

(

a) obtaining

work providing towing services or vehicle storage services; or

(

b) enabling

any other person to obtain work providing towing services or vehicle storage

services.

Same

(2) No

certificate holder shall, directly or indirectly, give or receive or offer to

give or receive anything in consideration of the furnishing of information or

advice given in respect of,

(

a) the

repair, appraisal or wrecking of a motor vehicle; or

(

b) the

referral of a person whose motor vehicle requires towing services or vehicle

storage services to any prescribed service.

Restrictions

on referrals

(1) Subject

to subsection (2), no certificate holder shall refer a person whose motor

vehicle requires towing services or vehicle storage services to any person or

entity in relation to a service referred to in subsection 29 (2).

Same

(2) A

certificate holder may refer a person whose motor vehicle requires towing

services or vehicle storage services to a person or entity in relation to a

service referred to in clause 29 (2) (a), if the person requests the referral.

Disclosure

of interest

(1) Every

certificate holder who, directly or indirectly, has an interest in any of the

following shall, in accordance with the regulations and with subsection (2),

disclose to a person to whom the holder is providing towing services or vehicle

storage services, as the case may be, and to any other prescribed person, the

nature and extent of the interest:

1. A

vehicle storage yard facility to which the motor vehicle may be towed.

2. Any

other location to which the motor vehicle may be towed for repair, storage,

appraisal or other similar purpose.

3. Any

person or entity to whom the holder refers the person to whom the holder is

providing the services.

demand for payment before disclosure

(2) The

disclosure required to be made under subsection (1) must be made before the

certificate holder charges for or demands any payment for any of the towing

services or vehicle storage services.

Illegal

charges

Not

payable

(1) An

amount charged in contravention of or non-compliance with this Act or the

regulations is not collectable or payable.

Shall

not be retained

(2) No

person shall demand, receive, accept or retain an amount charged or paid in contravention

of or non-compliance with this Act or the regulations, and shall provide a

refund of such an amount in accordance with the regulations.

May

be recovered

(3) Any

amount that a person fails to refund under subsection (2) is recoverable by the

person who made the payment in a court of competent jurisdiction.

False

information

(1) No

certificate holder shall falsify any information or document that the holder is

required to provide under this Act or any other prescribed Act.

Same

(2) No

certificate holder shall assist or counsel any person who requests or receives

towing services or vehicle storage services to falsify any information or

document that the person requesting or receiving the services is required to

provide under this Act or any other prescribed Act.

coercion

(1) No

person shall coerce, intimidate or threaten a person for the purpose of

obtaining or seeking to obtain consent to towing services or vehicle storage

services or into paying compensation for the services or for any related or

ancillary services.

Related

conduct

(2) No

person shall coerce, intimidate or threaten any other person for the purpose

of,

(

a) obtaining

work providing towing services or vehicle storage services; or

(

b) preventing

a certificate holder from obtaining work providing towing services or vehicle

storage services.

Information

to be provided

(1) Every

certificate holder shall, in accordance with the regulations, provide the

prescribed information to persons requesting or receiving towing services or

vehicle storage services.

Same

(2) Every

certificate holder shall, in accordance with the regulations, post or display

the prescribed information.

Representations

(1) Every

certificate holder shall comply with the prescribed requirements and standards

respecting the making of representations to persons requesting or receiving

towing services or vehicle storage services.

Misrepresentation

prohibited

(2) No

certificate holder shall make any representation, whether written, oral or

implied, that is misleading, inaccurate or false in order to induce a person to

consent to towing services or vehicle storage services.

Complaints

(1) The

Director may,

(

a) receive

complaints concerning conduct that may be in contravention of or non-compliance

with this Act or the regulations;

(

b) make

written requests to certificate holders for information regarding complaints;

(

c) attempt

to resolve complaints concerning any conduct that comes to the Director’s

attention that may be in contravention of or non-compliance with this Act or

the regulations, or refer such complaints to a prescribed complaint resolution

process to be dealt with in accordance with the regulations; and

(

d) if

the Director is of the opinion that a certificate holder has contravened or

failed to comply with this Act or the regulations, impose a prescribed sanction

or take any other prescribed action, as the Director considers appropriate, in

accordance with the regulations.

Request

for information

(2) A

request under clause (1) (

b) shall indicate the nature of the complaint.

Duty

to comply

(3) A

certificate holder who receives a written request under clause (1) (

b) shall

provide the requested information to the Director.

Prohibition,

obstruction, etc.

(4) No

person shall hinder, obstruct or interfere with the review of a complaint,

refuse to answer questions on relevant matters or provide information on

matters relevant to the complaint that the person knows to be false or

misleading.

Collision Scenes

Restriction

on provision of towing services at collision

(1) No tow

driver’s certificate holder shall provide or offer to provide towing services,

or park or stop a tow truck, on a highway within 200 metres of,

(

a) the

scene of a collision or apparent collision; or

(

b) a

motor vehicle involved in a collision.

Exception

(2) Subsection

(1) does not apply with respect to a tow driver’s certificate holder who is at

the scene of a collision at the request of a police officer, inspector or

person involved in the collision.

Restricted

towing zones

(3) Nothing

in subsection (2) authorizes a tow driver’s certificate holder to provide or

offer to provide services in a restricted towing zone if the tow certificate

holder is not authorized to provide towing services in that zone.

Compliance

with directions at collision scene

(1) Every

tow driver’s certificate holder shall comply with any reasonable direction

given to the holder by a police officer, inspector or firefighter who is

present at the scene of a collision.

Same

(2) Every

tow driver’s certificate holder shall comply with a direction of a police

officer or inspector who is present at the scene of a collision to,

(

a) leave

the scene of the collision; or

(

b) stay

at least 200 metres away from the scene for such time as the police officer or inspector

may direct.

Restricted Towing Zones

Restricted

towing zones

40 No person shall provide

or offer to provide towing services in a restricted towing zone, except as

permitted under

section 41.

Designation

of restricted towing zones

(1) A King’s

Highway or parts of a King’s Highway may be designated in the regulations as a

restricted towing zone, and the Director may authorize a tow certificate holder

to provide towing services in that zone.

Same,

municipality

(2) A

prescribed municipality may by by-law designate any highway or part of a

highway under its jurisdiction as a restricted towing zone, and may authorize a

tow certificate holder to provide towing services in that zone.

Prohibition

(3) If

a tow certificate holder has been authorized to provide towing services in a

restricted towing zone, no other tow certificate holder shall provide or offer

to provide towing services in that zone.

Exception

(4) Subsection

(3) does not apply with respect to the provision of towing services to a person

in charge of a police department vehicle, a road service vehicle or other motor

vehicle owned or operated by or on behalf of the road authority that has

jurisdiction and control over the highway, or a person acting under the

direction of a police officer or road authority.

Tow

trucks to be marked

(1) A tow

certificate holder authorized under

section 41 to provide towing services in a

restricted towing zone shall ensure that every tow truck it uses to provide the

services in that zone,

(

a) displays

the holder’s name; and

(

b) displays,

in a clearly visible position on each side of and on the back of the tow truck,

a sign showing the holder’s authorization to provide towing services in the

zone.

Same

(2) No

tow driver’s certificate holder shall drive a tow truck displaying information

described in clause (1) (

a) or (

b) unless the holder is driving the tow truck

on behalf of the authorized tow certificate holder.

Documents

to be carried

43 Every tow driver’s

certificate holder driving a tow truck in a restricted towing zone on behalf of

an authorized tow certificate holder shall carry proof of the authorization.

Dispatch Services

Dispatch services

(1) One or more dispatch services may be designated

by the regulations for the purpose of governing the dispatching of tow trucks

or prescribed classes of tow trucks.

Requirement

to use

(2) The

persons specified by the regulations shall use a designated dispatch service in

accordance with the regulations.

Penalties and Offences

Administrative

penalties

Purpose

(1) An

administrative penalty may be imposed under this

section in order to promote

compliance with this Act and the regulations.

Order

imposing administrative penalties

(2) If

a prescribed person is satisfied that a person is contravening or not complying

with or has contravened or failed to comply with a prescribed provision of this

Act or of the regulations, the prescribed person may, by order, impose an

administrative penalty on the person in accordance with this

section and the

regulations.

May

only be imposed on prescribed persons

(3) An

administrative penalty may only be imposed on a person who belongs to a

prescribed class.

May

be imposed with other measures

(4) An

administrative penalty may be imposed alone or in conjunction with any other

regulatory measure provided by this or any other Act; however, an

administrative penalty may not be imposed if the person is charged with an

offence under this Act in respect of the same contravention or failure to

comply.

Limitation

(5) An

administrative penalty may only be imposed within the prescribed time period.

right to be heard

(6) There

is no right to be heard before an order imposing an administrative penalty is

made.

Appeal

(7) A

person who is subject to an order imposing an administrative penalty may, in

accordance with the regulations, appeal the order to a person or entity

prescribed for the purpose of this subsection, who may confirm, vary or set

aside the order.

Same

(8) An

appeal commenced under subsection (7) operates as a stay of the order until the

matter is finally disposed of.

Parties

to judicial review

(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; and

(

b) the

prescribed person referred to in subsection (2).

Maximum

administrative penalty

(10) An

administrative penalty shall not exceed $100,000 or such lesser amount as may

be prescribed.

Enforcement

(11) If

a person fails to pay an administrative penalty in accordance with the terms of

the order imposing the penalty, the Director may file the order with the

Superior Court of Justice and the order may be enforced as if it were an order

of the court.

Same

(12) For

the purposes of

section 129 of the Courts of Justice Act ,

the date on which the order is filed with the court is deemed to be the date of

the order.

Same

(13) An

administrative penalty that is not paid in accordance with the terms of the

order imposing the penalty is a debt due to the Crown and is also enforceable

as such.

Offences

(1) Every

person who contravenes or fails to comply with this Act or a regulation is

guilty of an offence and on conviction is liable to a penalty determined in

accordance with subsection (2) or (3), as the case may be.

Penalties

(2) Subject

to subsection (3), every person convicted of an offence under subsection (1) is

liable,

(

a) for

a first offence, to a fine of not less than $250 and not more than $1,000; and

(

b) for

each subsequent offence, to a fine of not less than $1,000 and not more than

$5,000.

Same

(3) Every

person convicted of an offence under subsection (1) in respect of a provision

listed in subsection (4), or of an offence under subsection (7), (8) or (10),

is liable,

(

a) for

a first offence, to a fine of not less than $2,000 and not more than $10,000,

or to imprisonment for a term of not more than six months, or to both; and

(

b) for

each subsequent offence, to a fine of not less than $5,000 and not more than

$50,000, or to imprisonment for a term of not more than six months, or to both.

Same

(4) Subsection

(3) applies with respect to subsection 2 (1), sections 3 and 4, subsections 11

(2), 21 (1), 24 (5), 28 (1) and (2), 32 (2), 33 (1) and (2), 34 (1) and (2) and

37 (4).

Same

(5) An

offence committed more than five years after a previous conviction for the same

offence is not a subsequent offence for the purposes of clause (2) (

b) or (3)

(b).

Penalty,

corporations

(6) Despite

subsections (2) and (3), a corporation convicted of an offence under this Act is

liable to a fine of not more than $100,000.

Offence,

false statement, inaccurate information

(7) Every

person who submits a false or inaccurate document, makes a false statement or

includes inaccurate information in or with an application, declaration, affidavit

or other document required by the Director or under this Act is guilty of an

offence.

Same

(8) Every

person who displays, presents or surrenders a document required by the Director

or under this Act that is fictitious, an imitation or altered, is guilty of an

offence.

Same,

defence

(9) A

person is not guilty of an offence under subsection (7) or (8) if the person

exercised all reasonable care to avoid contravening the subsection.

Offence,

corporate director or officer

(10) If

a corporation commits an offence under subsection (7) or (8), every director or

officer of the corporation who authorized, permitted or concurred in the

commission of the offence is also guilty of the offence.

Limitation

(11) Subject

to subsection (12), no proceeding for an offence under this

section shall be

commenced more than two years after the facts on which the proceeding is based

first came to the knowledge of the Director.

Same

(12) No

proceeding for an offence under subsection (7), (8) or (10), or an offence

under subsection (1) in respect of subsection 33 (1) or (2), shall be commenced

more than six years after the facts on which the proceeding is based first came

to the knowledge of the Director.

Tow

operator may be convicted if driver contravenes

(1) Except as

provided by the regulations, if a tow truck driver or any other person with the

care, charge or control of the tow truck is subject to be charged with an

offence under this Act, the tow operator of the tow truck may be charged with

and convicted of the offence unless, at the time of the offence, the tow truck

was in the possession of that person without the tow operator’s consent.

Penalty

(2) On

conviction for an offence under subsection (1), the tow operator is liable to

the penalty specified by this Act for the offence.

Limitation

(3) Despite

subsection (2), the tow operator is not liable to imprisonment or to a

probation order under subsection 72 (1) of the Provincial

Offences Act as a result of the conviction or as a result of default in

payment of the fine resulting from the conviction.

Notice

of conviction to Director

48 A judge, provincial

judge or justice of the peace who makes a conviction in respect of an offence under

this Act, or the clerk of the court in which the conviction is made, shall

promptly notify the Director of the conviction, together with any other

information that the Director may require.

Director of Towing and

Vehicle Storage Standards

Director

of Towing and Vehicle Storage Standards

49 The Minister may

appoint a Director of Towing and Vehicle Storage Standards for the purposes of

this Act.

Requirement

to keep records

(1) The

Director shall keep records, in the form the Director considers appropriate, of

the following information:

1. All

certificates issued, renewed, suspended or revoked under this Act.

2. All

administrative penalties imposed under this Act.

3. All

convictions for offences under this Act.

4. All

convictions of a certificate holder under any other prescribed Act or under a

prescribed provision of any other Act.

5. All collisions and incidents described

in subsection 18 (3) that are reported to the Director under that subsection or

that otherwise come to the Director’s attention.

6. All

prescribed information.

Same

(2) The

Director shall ensure that records kept under subsection (1) are updated and

corrected as required so that they are accurate.

Information

re certain certificate holders

51 The Director may make

the names of certificate holders, and any other information respecting the

holders that the Director thinks should be publicly known, available to the

public in the manner that the Director considers appropriate.

Collection

and disclosure of information

Collection

by Director

(1) The

Director may request and collect information from any public body or related

government, as the Director considers appropriate, if the Director considers it

necessary for a prescribed purpose.

Disclosure

by Director

(2) The

Director may disclose information to any public body or related government, as

the Director considers appropriate, if the Director considers it necessary for

a prescribed purpose.

Disclosure

to Director

(3) On

receipt of a request for information from the Director under subsection (1), a

public body shall disclose to the Director any information from their records

that may assist the Director with a prescribed purpose.

Deemed

compliance with privacy legislation

(4) Any

disclosure of information under this

section is deemed to be in compliance with

clause 42 (1) (

e) of the Freedom of Information and

Protection of Privacy Act and clause 32 (

e) of the Municipal

Freedom of Information and Protection of Privacy Act .

Notice

under privacy legislation

(5) Any

collection by a public body of personal information, as defined in the Freedom of Information and Protection of Privacy Act and

the Municipal Freedom of Information and Protection of

Privacy Act , disclosed to the public body 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 (2) of

the Municipal Freedom of Information and Protection of

Privacy Act .

Otherwise

authorized collection or disclosure

(6) The

authority to collect and disclose information under this

section is in addition

to any other authority under this or any other Act for the Director to collect

and disclose information.

Definitions

(7) In

this section,

“public

body” means,

(

a) any

ministry, agency, board, commission, official or other body of the Government

of Ontario,

(

b) any

municipality in Ontario,

(

c) a

local board, as defined in subsection 1 (1) of the Municipal

Act, 2001 , or

(

d) a

prescribed person or entity; (“organisme public”)

“related

government” means,

(

a) the

agency, board, commission or official of either of them, or

(

b) the

government of any other province or territory of Canada, and any ministry,

agency, board, commission or official of any of them. (“gouvernement lié”)

Inspectors and

Inspections

Inspectors

(1) The

Director may appoint one or more persons as inspectors for the purpose of

ensuring compliance with this Act and the regulations, and shall issue to every

inspector written proof of the appointment.

Proof

of appointment

(2) Every

inspector, in the execution of the inspector’s powers and duties under this

Act, shall produce the proof of appointment on request.

Common

law constable

(3) A

person appointed as an inspector is a constable at common law for the purpose

of executing an inspector’s powers and duties under this Act.

Inspections

(1) In this

section,

“vehicle”

has the same meaning as in subsection 1 (1) of the Highway

Traffic Act .

Power

to examine tow trucks

(2) For

the purpose of ensuring compliance with this Act and the regulations, an

inspector may examine a tow truck without a warrant, and subsections 216.1

(2) to (7) of the Highway Traffic Act apply to this

power, with necessary modifications.

Same,

requirement to assist

(3) The

tow truck driver and any other person with the care, charge or control of the

tow truck shall assist in the examination.

Power

to inspect premises

(4) For

the purpose of ensuring compliance with this Act and the regulations, an

inspector may, without a warrant,

(

a) enter

any premises that are the business premises of a person;

(

b) enter

any premises that are business premises where the records of a person, or

vehicles, equipment or other things that are relevant to the inspection, are

kept;

(

c) examine

vehicles, equipment, documents, records or other things that are relevant to

the inspection;

(

d) demand

the production for inspection of a vehicle, equipment, document, record or

other thing that is relevant to the inspection;

(

e) remove,

for review and examination or testing, a vehicle, equipment or other thing that

is relevant to the inspection;

(

f) remove,

for review and copying, a document or record that is relevant to the

inspection;

(

g) in

order to produce information or a document or record in readable form, use data

storage, information processing or retrieval devices or systems that are

normally used in carrying on business on the premises;

(

h) carry

out any examination, test, audit or investigation procedure that is relevant to

the inspection; and

(

i) question

a person on matters relevant to the inspection.

Dwellings

(5) The

power to enter and inspect premises under this

section shall not be exercised

to enter and inspect any part of the premises that is used as a dwelling

without the consent of the occupier.

Written

demand for documents and records

(6) An

inspector may, at any time and for any purpose related to the administration or

enforcement of this Act and the regulations, deliver a demand personally on a

person or any director, officer, employee or agent of a person, or mail a

demand to such a person at the latest address of the person appearing on the

records of the Ministry, requiring that the person deliver to the inspector,

within the time specified in the demand, any document or record, the production

of which could be required under clause (4) (d).

Time

of entry

(7) The

power to enter and inspect premises shall be exercised during the regular

business hours of the premises or, if the premises do not have regular business

hours, at any time the premises are open for business.

Assistance

(8) An

inspector may be accompanied by any person or persons who may be of assistance

to the inspector in conducting the inspection.

No use of force

(9) An

inspector or a person referred to in subsection (8) shall not use force to

enter or inspect any premises under this section.

Obligation

to produce and assist

(10) If

an inspector demands that a vehicle, equipment, document, record or other thing

be produced for inspection, the person who has custody of the vehicle,

equipment, document, record or thing shall produce it immediately and, in the

case of a document or record, shall on request provide any assistance that is

reasonably necessary to interpret the document or record or to produce it in a

readable form.

Things

removed

(11) An

inspector who removes a vehicle, equipment, document, record or other thing

under clause (4) (

e) or (

f) or to whom a vehicle, equipment, document, record

or other thing is delivered pursuant to a demand made under clause (4) (

d) or

subsection (6) shall give a receipt for it and return it to the person who

produced or delivered it within a reasonable time.

Copy

admissible in evidence

(12) A

copy of a document or record that is certified as a true copy by the person

making it is admissible in evidence in any proceeding or prosecution as proof,

in the absence of evidence to the contrary, of the document or record copied

and its contents.

Co-operation

with inspector

(13) A

certificate holder and the directors, officers, employees and agents of a

certificate holder shall co-operate with an inspector conducting an inspection.

Obstruction

(14) No

person shall hinder, obstruct or interfere with an inspector conducting an

inspection, refuse to answer questions on matters relevant to the inspection or

provide the inspector with information on matters relevant to the inspection

that the person knows to be false or misleading.

Miscellaneous

Forms

55 The Director may

require that forms approved by the Director be used for any purpose under this

Act.

Electronic

means and formats

(1) Anything

that the Director is required or authorized to do or provide under this Act may

be done or provided by electronic means or in an electronic format.

Same

(2) Anything

that any person is required or authorized to do or provide to the Director

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 Director.

Requirements,

electronic format

(3) If

the regulations so provide, the prescribed documents shall be kept in or

converted into electronic format in accordance with the regulations.

Definition,

“documents”

(4) For

the purposes of subsection (3),

“documents”

includes a photograph.

Notice

57 Where notice is

required or permitted under this Act to be given or delivered to, or served on,

a person, the notice shall be given, delivered or served in accordance with the

regulations, and is deemed to have been received in accordance with the

regulations.

Evidence

(1) A

copy of any document, as defined in subsection 56 (4), that is filed or kept

under this Act, or any statement containing information from the records

required or authorized to be kept under this Act, that purports to be certified

by the Director under the seal of the Ministry as being a true copy of the

original,

(

a) shall

be received in evidence in all courts without proof of the seal, the Director’s

signature or the manner of preparing the copy or statement; and

(

b) is

proof, in the absence of evidence to the contrary, of the facts contained in

the copy or statement.

Director’s

signature

(2) The

Director’s signature may be an original signature or an engraved, lithographed,

printed or otherwise mechanically or electronically reproduced signature or

facsimile signature.

Ministry

seal

(3) The

seal of the Ministry may be affixed by impressions or may be an engraved,

lithographed, printed or otherwise mechanically or electronically reproduced

seal or facsimile of a seal.

Signature

and seal only required on first page

(4) The

Director’s signature need only be on the first page of the copy or statement.

Same

(5) The

seal of the Ministry need only be on the first page of the copy or statement if

the following pages are sequentially numbered, by hand or otherwise; if the

pages following the first page are not sequentially numbered, the seal must be

on each page.

Electronic

filing in court

(6) A

copy or statement described in subsection (1) may be filed in a court by direct

electronic transmission in accordance with the regulations.

Interest

and penalties when fee payment dishonoured

59 If payment for any fee

required under this Act to be paid is dishonoured, interest at a prescribed

rate may be charged on the amount of the payment, and a prescribed penalty may

be imposed.

Conflict,

Repair and Storage Liens Act

60 In the event of a

conflict respecting towing services or vehicle storage services between this

Act or the regulations made under this Act and the Repair

and Storage Liens Act or the regulations made under that Act, this Act

and the regulations made under this Act prevail.

Protection

from personal liability

(1) No

action or other proceeding for damages shall be commenced against the Minister,

a delegate or agent of the Minister, an inspector, a public servant or the

Director for anything done in good faith in the exercise or performance or

intended exercise or performance of the person’s powers or duties under this

Act, or for any alleged neglect or default in the exercise or performance in

good faith of those powers and duties.

Crown

not relieved of liability

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

Crown

bound

62 This Act binds the

Crown.

Transition

(1) This Act

and the regulations apply with respect to towing services or vehicle storage

services that start being provided on or after the day this subsection comes

into force.

Same

(2) Except

as otherwise provided by the regulations, this Act and the regulations apply

with respect to towing services or vehicle storage services that started being

provided before the day this subsection came into force, if the applicable

vehicle is still in the possession or under the care, charge or control of the

tow operator or vehicle storage operator.

Regulations

Regulations

(1) The

Lieutenant Governor in Council may make regulations respecting any matter

necessary or advisable to effectively carry out the intent and purpose of this

Act and, without limiting the generality of the foregoing, may make

regulations,

(

a) governing

anything referred to as being prescribed or anything that is required or

permitted to be done in accordance with the regulations or otherwise as

provided by the regulations;

(

b) further

defining or clarifying the

definitions of “towing” and “vehicle storage yard

facility” in

section 1;

(

c) defining

any word or expression used in this Act that has not already been expressly

defined in this Act;

(

d) governing

certificates and their issuance, renewal, suspension and revocation, including,

(

i) governing

applications for issuance or renewal,

(ii) establishing

and governing classes in relation to tow certificates, tow driver’s

certificates or vehicle storage certificates,

(iii) governing

qualifications and requirements for a certificate,

(iv) governing

conditions that may be attached to a certificate, subject to subsection 6 (2),

(

v) if the Director determines

that the holders of two or more tow operator certificates, tow driver’s

certificates or vehicle storage certificates, as the case may be, are related

persons as determined by the regulations, providing for steps that the Director

may or shall take, and specifying other consequences, in relation to the

certificates held by those persons,

(vi) establishing

and governing procedures for the purposes of

section 8,

(vii) providing

for an appeal from a decision referred to in subsection 9 (1) to a person or

entity specified by the regulations, including specifying circumstances in

which a decision may not be appealed, and governing such appeals, including

specifying the parties to an appeal, the powers of the prescribed person or

entity in the appeal, and circumstances in which an appeal does not operate as

a stay of the decision;

(

e) prescribing

and governing requirements and standards for the purposes of each of sections

11, 12 and 15, including, as applicable, requirements and standards respecting,

(

i) the

manner in which towing services or vehicle storage services shall be provided

or offered,

(ii) equipment

on, or the use of any equipment or other thing on or in, tow trucks or vehicle

storage yard facilities,

(iii) security

requirements respecting tow trucks, towed vehicles or vehicle storage yard

facilities,

(iv) words,

phrases, signs and markings and other information to be displayed on tow trucks

or in vehicle storage yard facilities, and the timing and manner of their

display,

(

v) the

storage, display and provision of copies of a certificate,

(vi) changes

in a certificate holder’s name, or in any other information respecting the

holder, that is specified by the regulations;

(

f) for

the purposes of

section 14, requiring police officers to keep records of

impoundments for a specified period of time and to report specified information

with respect to the impoundments to the Director, and governing such records

and reports;

(

g) governing

consent to towing services and vehicle storage services;

(

h) governing

estimates and invoicing for towing services and vehicle storage services,

including setting out and governing requirements respecting invoices and

receipts;

(

i) governing

amounts payable for towing services, vehicle storage services and any services

related or ancillary to either that are specified by the regulations,

including,

(

i) fixing

maximum amounts that may be charged or otherwise limiting or restricting the

amounts, including providing that a specified service not be subject to a

charge,

(ii) establishing

and governing procedures to be followed in relation to the charging of amounts

for towing services or vehicle storage services and requiring compliance with

the procedures,

(iii) governing

the payment of amounts for towing services or vehicle storage services,

including methods of payment;

(

j) governing

the refund of amounts under subsection 32 (2);

(

k) governing

the provision of information to persons who request or receive towing services

or vehicle storage services;

(

l) for

the purposes of

section 37,

(

i) establishing

and governing a process for making, reviewing and dealing with complaints,

(ii) providing

for the referral of complaints to a specified complaint resolution process and

governing that process,

(iii) respecting

the sanctions that may be imposed, and actions that may be taken, by the

Director under clause 37 (1) (d),

(iv) providing

for an appeal of a sanction imposed or action taken by the Director to a person

or entity specified by the regulations and governing such appeals, including

specifying the parties to an appeal and the powers of the prescribed person or

entity in the appeal, and whether the appeal operates as a stay of the sanction

or action;

(

m) establishing

a standard form of agreement for towing services or vehicle storage services

and requiring and governing its use;

(

n) for

the purposes of

section 41,

(

i) designating

restricted towing zones,

(ii) prescribing

municipalities that may designate restricted towing zones,

(iii) governing

the erection of signs and the placing of markings to indicate a restricted

towing zone and governing such signs and markings,

(iv) providing

that any power that may be exercised, or duty that shall be performed, by the

Director in relation to restricted towing zones may be exercised or shall be

performed by a municipality prescribed under subclause (ii) with respect to a

restricted towing zone designated by the municipality, subject to such

modifications as the regulations may specify, and governing the exercise and

performance of the powers and duties;

(

o) governing

the designation of dispatch services for the purposes of

section 44 and

governing their use, including requiring registration with a dispatch service

or requiring that specified documents or information be provided to a specified

person or entity for the purposes of a dispatch service;

(

p) governing

administrative penalties for the purposes of

section 45;

(

q) prescribing

additional powers and duties of the Director;

(

r) governing

the making of information public by the Director under

section 51;

(

s) prescribing

fees for anything that may or must be done under this Act and requiring and

governing their payment;

(

t) governing

the use of electronic documents for the purposes of this Act, including,

(

i) the

use, issuance, creation, recording, storage, transmission, copying, display,

appearance, form or content of electronic documents,

(ii) governing

the sending and receipt of documents and information by email, including

requiring that a certificate holder or any other person specified by the

regulations maintain an email address and specifying requirements respecting

the maintaining of such an email address;

(

u) providing

for exemptions from this Act or any of its provisions, or that a provision of

this Act does not apply, and prescribing circumstances and conditions for any

such exemption or non-application;

(

v) governing

such transitional matters as the Lieutenant Governor in Council considers

necessary or advisable to facilitate the implementation of this Act or to deal

with any problems or issues arising as a result of the enactment or application

of this Act.

Same,

administrative penalties

(2) Clause

(1) (

p) may include regulations,

(

a) respecting

the determination of penalties that may be imposed under

section 45, including,

(

i) prescribing

the amount of a penalty, or a method for calculating the amount, and

prescribing different penalties or ranges of penalties for different types of

contraventions or failures to comply and different penalties or ranges of

penalties depending on specified criteria,

(ii) authorizing

a prescribed person to determine the amount of a penalty, if the amount of the

penalty or method for calculating the amount of the penalty is not prescribed,

and prescribing criteria that may or must be considered when making an order

under subsection 45 (2),

(iii) authorizing

that a penalty may be imposed for each day or part of a day on which a

contravention or failure to comply continues,

(iv) prescribing

a lesser maximum penalty and the provisions of this Act or of the regulations

to which the lesser maximum penalty applies, for the purpose of subsection 45

(10),

(

v) authorizing

higher penalties, not exceeding the maximum penalty established under

subsection 45 (10) or prescribed under subclause (iv), for a second or

subsequent contravention or failure to comply;

(

b) governing

the payment of penalties, including requiring that a penalty be paid before a

specified deadline, and authorizing the Director to approve a plan of periodic

payments that extends beyond the deadline;

(

c) authorizing

the imposition of late payment fees respecting penalties that are not paid

before the specified deadline, including graduated late payment fees, and

providing that such fees are included as part of the penalty for enforcement

purposes;

(

d) prescribing

and governing procedures for making and serving an order under

section 45,

including prescribing rules for service and prescribing the day on which an

order is deemed to have been received;

(

e) governing

the appeal of an order under subsection 45 (7);

(

f) providing

for anything necessary or advisable for carrying out the intent and purposes of

section 45.

Same,

regulations governing appeals

(3) For

greater certainty, regulations made under subsection (1) governing appeals may

include regulations,

(

a) establishing

procedures for commencing and conducting an appeal;

(

b) establishing

time limits for the stages of an appeal and authorizing the person or entity

hearing the appeal to extend any time limit;

(

c) prescribing

that an appeal must or may be conducted orally, electronically or in writing or

authorizing the person or entity hearing the appeal to make that determination;

(

d) establishing

criteria to be considered and criteria not to be considered by the person or

entity hearing the appeal when making a determination on the appeal.

Same,

classes

(4) For

greater certainty, regulations made under subsection (1) may be made with

respect to any class that may be prescribed under subclause (1) (d) (ii) or any

other class of person, place or thing.

Same,

transitional regulations

(5) In

the event of a conflict between a regulation made under clause (1) (

v) and this

Act, the regulation prevails.

Consequential

Amendments

Consumer

Protection Act, 2002

(1) Subclause

(b) (iv) of the definition of “unsolicited goods or services” in subsection 13

(9) of the Consumer Protection Act, 2002 is amended

by striking out “tow and storage services regulated under

Part VI.1, Tow and

Storage Services” and substituting “towing services or vehicle storage services

regulated under the Towing and Storage Safety and

Enforcement Act, 2021 ”.

(2) Part

VI.1 of the Act is repealed.

(3) Subclause

116 (1) (b) (v.1) of the Act is repealed.

(4) Subsection

123 (7.1) of the Act is repealed.

Highway 407 Act, 1998

Section 55 of the Highway 407 Act, 1998 is repealed.

Highway

Traffic Act

(1) The

Schedule to

section 46 of the Highway Traffic Act

is amended by adding “ Towing and Storage Safety and

Enforcement Act, 2021 ”.

(2) The

Schedule to

section 46 of the Act, as re-enacted by subsection 22 (1) of

Schedule 19 to the Stronger, Fairer Ontario Act (Budget

Measures), 2017 , is amended by adding “ Towing and

Storage Safety and Enforcement Act, 2021 ”.

(3) Section

171 of the Act is repealed.

(4) Subsection

177 (5) of the Act is repealed and the following substituted:

effect on towing services

(5) Nothing

in this

section affects the operation of

section 25 or 38 of the Towing and Storage Safety and Enforcement Act, 2021 .

(5) Subsection

228 (7) of the Act is amended by striking out “the Dangerous

Goods Transportation Act , the Motorized Snow

Vehicles Act ” and substituting “the Dangerous Goods

Transportation Act , the Towing and Storage Safety

and Enforcement Act, 2021 , the Motorized Snow

Vehicles Act ”.

Repair and Storage Liens Act

(1) Subsection

3 (2.0.1) of the Repair and Storage Liens Act is

repealed and the following substituted:

Towing

and vehicle storage services

(2.0.1) Except

as otherwise provided for in the regulations, if the repair includes one or

more towing services or vehicle storage services regulated under the Towing and Storage Safety and Enforcement Act, 2021 , no

lien arises with respect to those services if the repairer fails to comply with

the prescribed provisions of that Act, if any.

(2) Subsection

3 (2.2) of the Act is repealed and the following substituted:

Amount,

towing and vehicle storage

(2.2) In

cases where the Towing and Storage Safety and Enforcement

Act, 2021 applies, the amount of a repairer’s lien under subsection

(2) with respect to towing services or vehicle storage services shall be determined

in accordance with the prescribed requirements, if any.

(3) Subsection

4 (3.0.1) of the Act is repealed and the following substituted:

Towing

and vehicle storage services

(3.0.1) Except

as otherwise provided for in the regulations, if the storage or storage and

repair includes one or more towing services or vehicle storage services

regulated under the Towing and Storage Safety and

Enforcement Act, 2021 , no lien arises with respect to those services if

the storer fails to comply with the prescribed provisions of that Act, if any.

(4) Subsection

4 (3.2) of the Act is repealed and the following substituted:

Amount,

towing and vehicle storage

(3.2) In

cases where the Towing and Storage Safety and Enforcement

Act, 2021 applies, the amount of a storer’s lien under subsection

(3) with respect to towing services or vehicle storage services shall be determined

in accordance with the prescribed requirements, if any.

Commencement and Short

Title

Commencement

(1) Subject

to subsection (2), the Act set out in this

Schedule comes into force on a day

to be named by proclamation of the Lieutenant Governor.

(2) Subsection

67 (2) comes into force 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 this

Schedule

comes into force.

Short

title

70 The

short title of

the Act set out in this

Schedule is the Towing and Storage

Safety and Enforcement Act, 2021 .

Bill 282 Original (PDF)

EXPLANATORY

NOTE

Schedule

Highway Traffic Act

The

Schedule amends the Highway Traffic Act . The major

elements of the

Schedule are set out below.

The

Act is amended with respect to motor assisted bicycles and power-assisted

bicycles. The definition of “power-assisted bicycle” is amended to set out

three different types of power-assisted bicycles. The

Schedule also changes the

minimum age for operating bicycle-style power-assisted bicycles from 16 to 14.

Related amendments are also made.

The

Act is also amended to provide that an automated street car enforcement system

may be used respecting the offence of passing a street car under

section 166.

The owner of a motor vehicle is not subject to conviction or penalty as an

owner in respect of an alleged contravention of

section 166 except on the basis

of evidence obtained through the use of an automated street car enforcement

system. An owner of a motor vehicle convicted as an owner on the basis of

evidence obtained through the use of an automated street car enforcement system

is not liable to a driver’s licence suspension under

section 46 as a result of

default in payment of a fine resulting from that conviction. The driver of a

motor vehicle convicted as a driver of an offence under

section 166 on the

basis of evidence obtained through the use of an automated street car

enforcement system is not liable to imprisonment or to a probation order under

subsection 72 (1) of the Provincial Offences Act as

a result of that conviction or as a result of default in payment of a fine

resulting from that conviction.

The

Act is amended with respect to racing motor vehicles on highways and includes

the following amendments:

1. Subsection

172 (2) is amended to require a mandatory licence suspension if convicted of an

offence under subsection 172 (1).

Section

172 is amended to change the duration of the administrative impoundment of a

vehicle from seven days to 14 days and to change the duration of a licence

suspension from seven days to 30 days.

3. Sections

199 and 200 are amended to specify that, among other things, accidents

involving a vehicle’s door coming into contact with a cyclist, bicycle or

moving vehicle must be reported to the nearest police officer.

4. Clause

214.1 (7) (

b) is added to provide that a penalty for racing in a community

safety zone shall include the suspension of a person’s licence.

Various

other amendments are made to the Act, including amendments to,

(

a) establish

that the rate of speed on a highway not within a local municipality or within a

built-up area is 80 kilometres per hour;

(

b) permit

an officer appointed for carrying out the provisions of the Act to direct

traffic;

(

c) permit

the use of automated flagger assistance devices and impose requirements on

drivers relating to such devices; and

(

d) permit

a police officer or an officer appointed for carrying out the provisions of the

Act to prohibit a driver from driving a commercial motor vehicle on a highway

in the specified circumstances.

Schedule

Metrolinx Act, 2006

The

Schedule amends the definition of GO Transit in the Metrolinx

Act, 2006 to provide that the term means the Greater Toronto Transit

Authority that was continued under the GO Transit Act,

2001 , as it read immediately before August 24, 2006.

Schedule

Towing and Storage Safety and Enforcement Act, 2021

The

Schedule enacts the Towing and Storage Safety and

Enforcement Act, 2021 , which regulates the provision of towing services

and vehicle storage services, as defined in

section 1 of the Act. The provision

of any such services requires certification by the Director of Towing and

Vehicle Storage Standards appointed under the Act. The Act provides for

different categories of certificates for tow truck drivers, tow operators and

vehicle storage operators, all as defined in the Act. (Sections 1 to 10 of the

Act)

Certificate

holders are subject to the requirements and standards respecting towing

services and vehicle storage services that are set out in the Act and that may

be specified by regulations made under the Act by the Lieutenant Governor in

Council. These include requirements and standards respecting the operational

aspects of providing towing services and vehicle storage services, such as

equipment, maintenance and record keeping. Prohibited practices may also be

specified by regulations made under the Act. (Sections 11 to 18 of the Act)

The

Act separately sets out requirements, standards and prohibitions to address the

protection of users of towing services and vehicle storage services, and more

may be added by regulation. These include requirements to obtain consent before

providing towing services or vehicle storage services, requirements respecting

estimates and invoices, rules about amounts that may be charged for towing

services or vehicle storage services and prohibitions on coercion and

misrepresentation. Complaints concerning conduct that may not comply with the

Act or the regulations may be made to the Director. (Sections 19 to 37 of the

Act) The Act also sets out specific rules respecting the provision of towing

services at collision scenes. (Sections 38 and 39 of the Act)

The

Act provides for the designation of highways or parts of highways as restricted

towing zones, in which only authorized certificate holders may provide towing

services. (Sections 40 to 43 of the Act) The Act also provides that one or more

dispatch services may be designated by the regulations for the purpose of

governing the dispatching of tow trucks, and that specified persons would be

required to use any such dispatch service. (Section 44 of the Act)

The

Act provides for the imposition of administrative penalties in the event of

non-compliance with the Act or the regulations, as well as offence provisions

with related penalties. (Sections 45 to 48 of the Act)

Director of Towing and Vehicle Storage Standards, with specified powers and

duties, may be appointed for the purposes of the Act. (Sections 49 to 52 of the

Act) The Director may in turn appoint inspectors for enforcement purposes. The

Act sets out the inspection powers that apply. (Sections 53 and 54 of the Act)

The

remaining provisions of the Act address various miscellaneous matters,

including forms, electronic means and formats, evidentiary matters, protections

against personal liability and transitional rules. (Sections 55 to 63 of the

Act) Regulation-making powers are set out in

section 64. Finally, a number of

consequential amendments are made to other Acts. (Sections 65 to 68 of the Act)

The main body of the Act comes into force on a day to be named by proclamation

of the Lieutenant Governor. (Section 69 of the Act)

Bill 282 2021

Act in respect of various road safety matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Highway

Traffic Act

Schedule 2

Metrolinx

Act, 2006

Schedule 3

Towing

and Storage Safety and Enforcement Act, 2021

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and

(3), this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Moving Ontarians More Safely Act, 2021 .

Schedule 1

Highway Traffic Act

The definition of “power-assisted bicycle” in subsection 1 (1) of