PART XV PROCEDURE, ARRESTS AND PENALTIES
Vehicle owner may be convicted
207 (1) Subject to subsection (2), the owner of a vehicle may be charged with and convicted of an offence under this Act or the regulations or any municipal by-law regulating traffic for which the driver of the vehicle is subject to be charged unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner’s consent and on conviction the owner is liable to the penalty prescribed for the offence.  R.S.O. 1990, c. H.8, s. 207 (1). When owner not liable (2) The owner of a vehicle shall not be convicted as an owner for a contravention of any of the following provisions, but where the owner is also the driver, he or she may be convicted as a driver: 1.  Section 78 or 78.1. 2.  Subsection 106 (2) or (4). 3.  Sections 129 to 143, subsections 144 (1) to (17), subsections 144 (19) to (32), sections 145 to 165, sections 167 to 168, section 172, subsections 175 (1) to (10), subsections 175 (12.2) to (18) or section 176, 182 or 199. 4.  A regulation or by-law made or passed under section 106 or under any section or subsection that is referred to in paragraph 1, 2 or 3. 5.  Any by-law passed under any Act regulating or prohibiting turns on a highway. 2017, c. 26, Sched. 4, s. 24 (1, 2); 2021, c. 26, Sched. 1, s. 21 (1). Permit holder deemed owner (3) For the purposes of this Act or any municipal by-law regulating or prohibiting parking, standing or stopping, the holder of a permit as defined in section 6 shall be deemed to be the owner of the vehicle referred to in the permit if a number plate bearing a number that corresponds to the permit was displayed on the vehicle at the time an offence was committed unless the number plate was displayed thereon without the holder’s consent, the burden of proof of which shall be on the holder.  R.S.O. 1990, c. H.8, s. 207 (3). Exposing number plate (4) For the purposes of this Act or any municipal by-law regulating or prohibiting parking, standing or stopping, where a number plate issued under section 7 is exposed on a motor vehicle, the holder of the permit corresponding thereto shall be deemed to be the owner of that vehicle unless the number plate was exposed thereon without the permit holder’s consent, the burden of proof of which is on the permit holder.  R.S.O. 1990, c. H.8, s. 207 (4). No imprisonment or probation (5) Any person convicted of an offence pursuant to subsection (1) 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.  2005, c. 26, Sched. A, s. 31 (1). (6) Repealed: 2017, c. 9, s. 9 (1). Limitation (7) An owner of a motor vehicle convicted of an offence under section 128 on the basis of evidence acquired through the use of an automated speed enforcement system or under subsection 175 (19), (19.1), (20) or (20.1) 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.  2004, c. 22, s. 6 (2); 2017, c. 9, s. 9 (2); 2017, c. 26, Sched. 4, s. 24 (3). 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. 2021, c. 26, Sched. 1, s. 21 (2). Owner liability, red light camera system evidence (8) The owner of a motor vehicle shall not be charged as an owner with an offence under subsection 144 (18) unless the evidence of the offence is obtained through the use of a red light camera system.  1998, c. 38, s. 5 (2); 2017, c. 9, s. 9 (3). Definition (9) In this section, “owner” includes an operator as defined in section 16 or as deemed in section 19.  2005, c. 26, Sched. A, s. 31 (2). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 2 (10, 11) - 15/08/1994; 1998, c. 38, s. 5 (1-3) - 20/11/2000; 1998, c. 38, s. 5 (4) - 20/11/2002 2004, c. 22, s. 6 (1, 2) - 01/09/2005 2005, c. 26, Sched. A, s. 31 (1, 2) - 21/11/2005 2006, c. 25, s. 3
- 01/12/2006 2017, c. 9, s. 9 (1-3)
- 01/12/2019; 2017, c. 26, Sched. 4, s. 24 (1) - 12/12/2017; 2017, c. 26, Sched. 4, s. 24 (2, 3) - 01/09/2020 2021, c. 26, Sched. 1, s. 21 (1, 2) - 01/07/2022