PART IV LICENCES
Driving schools
58.1 (1) In this section and in section 58.2,  “driving school” means a business of providing driving instruction; (“auto-école”) “licensed driving school” means a driving school operated by one or more persons who hold a driving school licence. (“auto-école titulaire de permis”)  2005, c. 26, Sched. A, s. 9. Licence required (2) No person shall operate a driving school that offers or provides a Ministry-approved course in a prescribed class of driving instruction except under the authority of a driving school licence issued under this section that authorizes that class of driving instruction.  2005, c. 26, Sched. A, s. 9. Issuance of driving school licence (3) The Minister may issue a driving school licence to a person or persons authorizing the person or persons to provide a Ministry-approved course or courses in a prescribed class or classes of driving instruction if the person or persons apply for the licence and meet the requirements of this section and the regulations made under it.  2005, c. 26, Sched. A, s. 9. Conditions (4) The Minister may issue a driving school licence subject to such conditions as the Minister considers appropriate.  2005, c. 26, Sched. A, s. 9. Licensee’s authority and duty (5) A licensed driving school may offer or provide Ministry-approved courses in the prescribed class or classes of driving instruction authorized by its licence and shall provide such instruction in accordance with this Act and the regulations made under this section.  2005, c. 26, Sched. A, s. 9. Driver education certificate (6) No person shall issue a driver education certificate prescribed under a regulation made under this section unless the person is licensed as a driving school under this section and issues the certificate in accordance with the regulations.  2005, c. 26, Sched. A, s. 9. Licence not transferable (7) A driving school licence is not transferable.  2005, c. 26, Sched. A, s. 9. Notice of change (8) A corporation that holds a driving school licence and persons that hold a driving school licence as a partnership shall, within 15 days of any change in officers, directors or partners, as the case may be, notify the Minister in writing of the change and of any other prescribed information, in accordance with the regulations.  2005, c. 26, Sched. A, s. 9. Fees (9) It is a condition of a driving school licence that the licensee pay all prescribed fees in the manner and at the times prescribed.  2005, c. 26, Sched. A, s. 9. Co-operation with inspector (10) It is a condition of a driving school licence that the licensee and the officers, directors, employees and contractors of the licensee co-operate with an inspector carrying out his or her duties under section 58.2.  2005, c. 26, Sched. A, s. 9. Holding out (11) No person shall hold themself out as being a licensed driving school or as being qualified to offer or provide a Ministry-approved course in a prescribed class of driving instruction unless the person is licensed to do so under this section.  2005, c. 26, Sched. A, s. 9. Regulations (12) The Minister may make regulations, (a)  prescribing classes of driving instruction for which a driving school licence is required in order to provide instruction in Ministry-approved driving courses; (b)  prescribing the qualifications and requirements for the issue of driving school licences or any class of them; (c)  governing the issuing and renewal of driving school licences; (d)  prescribing standards for driving instruction or any class of driving instruction to be met by licensed driving schools or any class of them; (e)  governing the safety and maintenance of the premises, motor vehicles and other equipment used by licensed driving schools or any class of them; (f)  prescribing qualifications and requirements for holders of driving school licences or any class of them; (g)  governing the suspension and revocation of driving school licences or any class of them; (h)  governing appeals from a refusal to issue or renew a driving school licence or from a suspension or revocation of a driving school licence and a right to be heard in respect of a proposal to refuse to issue or renew or to suspend or revoke a driving school licence, including prescribing circumstances in which there is no right to an appeal or to be heard; (i)  prescribing information for the purpose of subsection (8) and governing the notification required under that subsection; (j)  prescribing books and records to be maintained by licensed driving schools and requiring and governing the submission of reports and returns to the Ministry by licensees; (k)  prescribing fees to be paid for applications and for the issue and renewal of licences; (l)  establishing a system of fees to be paid by licensees in respect of the driving instruction they provide; (m)  requiring applicants for a licence to pay a fee determined in accordance with the regulation in respect of the driving education provided, between November 6, 2004 and the date the licence is issued, by the applicant or, if the applicant is two or more persons or a corporation, by one of the persons or shareholders; (n)  governing the manner and times of payment of any prescribed fees; (o)  governing the issuing of driver education certificates by licensed driving schools and governing the provision of driver education certificate forms by the Ministry to licensed driving schools, including prescribing fees to be paid by licensed driving schools for the certificate forms and governing the return of unused certificate forms to the Ministry and the payment of refunds for their return; (p)  exempting any class of persons, driving instruction or driving schools from any provision of this section or of a regulation made under this section and prescribing conditions and circumstances for such exemption.  2005, c. 26, Sched. A, s. 9. Classes (13) A regulation made under subsection (12) may apply in respect of any class of persons, driving instruction, driving schools or driving school licences.  2005, c. 26, Sched. A, s. 9. Conflict between regulations and by-law (14) Where there is a conflict between a regulation made under subsection (12) and a by-law of a municipal council or police services board regulating or governing driving instructors, driving schools or driving instruction, the regulation prevails.  2005, c. 26, Sched. A, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 58.1 (14) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 24 (6)) Approved courses (15) The Minister may approve courses in classes of driving instruction for the purposes of this section.  2005, c. 26, Sched. A, s. 9. Section Amendments with date in force (d/m/y) 2005, c. 26, Sched. A, s. 9 - 15/06/2007 2018, c. 3, Sched. 5, s. 26 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 24 (6) - not in force