5 (1) No person shall act as an interjurisdictional transporter unless the person is registered by the Minister as an interjurisdictional transporter.  1992, c. 9, s. 6. Application (2) Subject to section 7, every person who acts or proposes to act as an interjurisdictional transporter is entitled to be registered as an interjurisdictional transporter and to be issued a certificate of registration upon application in the form approved by the Minister.  1992, c. 9, s. 6; 1997, c. 19, s. 8 (1). Conditions and limitations (3) The Minister may attach such reasonable conditions and limitations to a registration as an interjurisdictional transporter as the Minister considers appropriate.  1992, c. 9, s. 6. Application of subs. (3) (4) Subsection (3) applies in respect of a proposed registration and in respect of an existing registration.  1992, c. 9, s. 6. Offence, failure to register (4.1) Every interjurisdictional transporter transporting or transferring gasoline in bulk, aviation fuel in bulk or propane in bulk into or out of Ontario who is not registered as an interjurisdictional transporter under this Act is guilty of an offence and on conviction is liable to a fine of not less than $1,000 and not more than $10,000.  2002, c. 22, s. 87. Penalty, failure to register (4.2) Every interjurisdictional transporter transporting or transferring gasoline in bulk, aviation fuel in bulk or propane in bulk into or out of Ontario who is not registered as an interjurisdictional transporter under this Act shall pay to the Minister, when assessed therefor, a penalty equal to the sum of $500 and 5 per cent of the tax that would be payable under this Act on all such gasoline, aviation fuel or propane transported or transferred by the transporter into or out of Ontario during the period that the transporter was not registered, calculated as if that gasoline, aviation fuel or propane were purchased by, delivered to or used by a purchaser in Ontario.  2002, c. 22, s. 87. Uniform manifest form (5) Every interjurisdictional transporter shall complete a uniform manifest form in the form provided by the Minister in respect of each shipment of gasoline in bulk, aviation fuel in bulk or propane in bulk transported or transferred by the interjurisdictional transporter into or out of Ontario.  1992, c. 9, s. 6. Transporter to obtain certificate (6) Before undertaking to transport or transfer gasoline in bulk, aviation fuel in bulk or propane in bulk into or out of Ontario for a registered importer or registered exporter, an interjurisdictional transporter shall obtain a true copy of the certificate of registration under this Act of the importer or exporter.  1992, c. 9, s. 6; 2004, c. 31, Sched. 16, s. 3 (1). Possession of documents (7) Every interjurisdictional transporter shall keep in the possession of the driver of the motor vehicle or of the master of the vessel in which the interjurisdictional transporter is transporting or transferring gasoline in bulk, aviation fuel in bulk or propane in bulk, (a)  the interjurisdictional transporter’s certificate of registration issued under this Act; (b)  the completed uniform manifest form in accordance with subsection (5); (c)  if the gasoline in bulk, aviation fuel in bulk or propane in bulk is being transported or transferred for a registered importer or a registered exporter, the true copy of the certificate of registration that the registered importer or registered exporter is required to provide under this Act; and (d)  evidence of payment, if any, made in accordance with subsection 4 (3).  1992, c. 9, s. 6; 2004, c. 31, Sched. 16, s. 3 (2). Examination (8) Any person who is authorized for the purpose by the Minister and who has reasonable and probable grounds to believe that an interjurisdictional transporter does not hold a certificate of registration or is transporting or transferring gasoline, aviation fuel or propane on behalf of an importer or exporter who does not hold a certificate of registration issued under this Act may, without a warrant, stop and detain any vehicle or vessel being operated in Ontario by the interjurisdictional transporter and require production of the documents specified in subsection (7).  1992, c. 9, s. 6. Seizure (9) If, following a detention under subsection (8), the driver of the vehicle or master of the vessel fails to produce the documents specified in subsection (7), the person authorized for the purpose by the Minister may, without a warrant and subject to subsections (10), (11), (12) and (14), seize, impound, hold and dispose of the gasoline, aviation fuel or propane, unless the interjurisdictional transporter complies with subsection (11).  1992, c. 9, s. 6. No seizure, etc. (10) Gasoline, aviation fuel or propane is not subject to holding, seizure, impounding or disposal under this section if the driver of the motor vehicle or the master of the vessel in which the gasoline, aviation fuel or propane is transported or transferred provides proof satisfactory to the person authorized for the purpose by the Minister, (a)  of the quantity and the destination of the gasoline, aviation fuel or propane being transported or transferred; (b)  that the driver or master holds a certificate of registration or a true copy of a certificate of registration issued under this section; (c)  if the gasoline, aviation fuel or propane is being transported or transferred for an importer or exporter, that the importer or exporter holds a valid certificate of registration issued under this Act; and (d)  if tax or security is payable in respect of the gasoline, aviation fuel or propane being transported or transferred, that the tax or security has been paid.  1992, c. 9, s. 6; 2004, c. 31, Sched. 16, s. 3 (3). Forfeiture (11) Gasoline, aviation fuel or propane seized under subsection (9) is forfeited to Her Majesty to be disposed of as the Minister directs unless, within thirty days following the seizure, the person from whom the gasoline, aviation fuel or propane is seized, or the owner thereof, pays to the Minister an amount, as a penalty, equal to the tax that would be payable under section 2 if the gasoline, aviation fuel or propane were sold or delivered to a purchaser in Ontario.  1992, c. 9, s. 6; 1994, c. 18, s. 3 (6). Application (12) The driver of the motor vehicle or the master of the vessel from which gasoline, aviation fuel or propane is seized under this section, or the owner of the fuel, may bring an application in the Superior Court of Justice to establish the right to possession of the gasoline, aviation fuel or propane.  1992, c. 9, s. 6; 2001, c. 23, s. 110 (1). Time limit (13) An application under subsection (12) is not valid unless made within thirty days after the date on which the gasoline, aviation fuel or propane is seized.  1992, c. 9, s. 6. Standards (14) For the purposes of an application to the Superior Court of Justice, the driver, the master or the owner has the right to possession of the gasoline, aviation fuel or propane if, when it is seized, (a)  the driver or master holds a certificate of registration or a true copy of a certificate of registration issued under this section; (b)  the gasoline, aviation fuel or propane is being transported or transferred on behalf of an importer or exporter who holds a certificate of registration issued under this Act; (c)  the tax or security payable under this Act has been paid; and (d)  if the driver or master does not hold a uniform manifest form completed in accordance with this Act and the regulations, the driver, the master or the owner delivers the form so completed to the Minister within five days of the date when the gasoline, aviation fuel or propane is seized.  1992, c. 9, s. 6; 2001, c. 23, s. 110 (2); 2004, c. 31, Sched. 16, s. 3 (4). Order (15) The court, if satisfied that the driver, master or owner has the right to possession of the gasoline, aviation fuel or propane, may order that it be returned to the driver, master or owner or that the proceeds of the sale of it be paid to the owner.  1992, c. 9, s. 6. Disposal pending final disposition (16) If the application is not finally disposed of within sixty days after the date on which it is made, the Minister may dispose of the gasoline, aviation fuel or propane and retain the proceeds of the sale pending final disposition of the application.  1992, c. 9, s. 6. Forfeiture (17) If the application is dismissed and any appeal is dismissed or the time for appeal has expired, the gasoline, aviation fuel or propane is forfeited to Her Majesty in right of Ontario to be disposed of as the Minister directs.  1992, c. 9, s. 6. Proceeds of sale (18) If a sale is directed under subsection (11) or (17), or if the proceeds of a sale are retained under subsection (16) and the application is dismissed, the proceeds of the sale remaining after payment of the costs incurred by the Minister in seizing, storing and disposing of the fuel and after payment of the penalty owing under subsection (11) shall be paid to the person from whom the fuel was seized or to the person who owned the fuel before it was forfeited.  1992, c. 9, s. 6. Offence (19) Every interjurisdictional transporter transporting or transferring gasoline in bulk, aviation fuel in bulk or propane in bulk into or out of Ontario who fails to produce any of the documents required to be kept in the possession of the driver or the master under subsection (7) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 for each document not produced.  1992, c. 9, s. 6. Section Amendments with date in force (d/m/y) 1992, c. 9, s. 6 - 1/01/1992; 1994, c. 18, s. 3 (6) - 23/06/1994; 1997, c. 19, s. 8 (1) - 10/10/1997 2001, c. 23, s. 110 (1, 2) - 5/12/2001 2002, c. 22, s. 87
- 1/07/2003 2004, c. 31, Sched. 16, s. 3 (1-4) - 16/12/2004 Demand for information, security