PART IV LICENCES
Long-term vehicle impoundment for driving while suspended, in contravention of condition
55.1 (1) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway in one of the following circumstances, the officer shall detain the motor vehicle that was being driven by the person: 1.  While his or her driver’s licence is under suspension under section 41, 42 or 43, even if it is under suspension at the same time for any other reason. 2.  In contravention of a condition, imposed for a prescribed reason on his or her driver’s licence under a conduct review program under section 57, that prohibits him or her from driving a motor vehicle that is not equipped with an ignition interlock device. 3.  While his or her driver’s licence is under suspension for a prescribed reason under a conduct review program under section 57, even if it is under suspension at the same time for any other reason. 2015, c. 14, s. 18 (1). Impoundment (2) Once the drawn vehicle and load, if any, have been removed as may be required by subsection (10), (11), (12) or (13), the detained vehicle shall, at the cost and risk of the owner, (a)  be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and (b)  be impounded from the time it was detained for the period described in subsection (3) or until ordered to be released by the Registrar under subsection (14) or under section 50.2.  2009, c. 5, s. 24. Impound period (3) A motor vehicle detained under subsection (1) shall be impounded as follows: 1.  For 45 days, if there has not been any previous impoundment under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 2.  For 90 days, if there has been one previous impoundment under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 3.  For 180 days, if there have been two or more previous impoundments under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.  2009, c. 5, s. 24. Release of vehicle (4) Subject to subsection (20), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of the impoundment or upon being ordered to be released by the Registrar under subsection (14) or under section 50.2.  2009, c. 5, s. 24. Duty of officer re impoundment (5) Every officer who detains a motor vehicle under this section shall, as soon as practicable, (a)  prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered; (b)  serve the driver with a copy of the notice; and (c)  forward a copy of the notice to the Registrar.  2009, c. 5, s. 24. Service on driver is deemed service on owner and operator (6) Service of the notice of the impoundment on the driver of the motor vehicle under clause (5) (b) is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator.  2009, c. 5, s. 24. Notice by Registrar (7) The Registrar may provide notice of the impoundment to the owner and operator of the motor vehicle by mailing it to them at the latest address for them appearing on the records of the Ministry.  2009, c. 5, s. 24. No hearing before impoundment (8) There is no right to be heard before a vehicle detention or impoundment under this section.  2009, c. 5, s. 24; 2015, c. 27, Sched. 7, s. 17. Surrender of documents, information re trip and goods carried (9) If the motor vehicle that is to be impounded contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods.  2009, c. 5, s. 24. Operator, owner to remove load (10) Upon being served with notice of the impoundment through service on the driver under subsection (5), the operator of the motor vehicle or, if there is no operator, the owner shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle.  2009, c. 5, s. 24. Application of Dangerous Goods Transportation Act (11) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator or, if there is no operator, the owner shall remove them in accordance with that Act.  2009, c. 5, s. 24. Officer may remove load, trailer at operator’s cost, risk (12) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator or owner fails to remove a drawn vehicle or load as required by subsection (10) within a reasonable time after being served with notice of the impoundment, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator or, if there is no operator, the owner.  2009, c. 5, s. 24. Same (13) If a police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods within the meaning of the Dangerous Goods Transportation Act or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator or, if there is no operator, the owner.  2009, c. 5, s. 24. Release of vehicle before end of impound period (14) The Registrar may, on application by a person belonging to a class of persons prescribed by regulation, order the release of an impounded motor vehicle of a prescribed class prior to the end of the impound period on such conditions as he or she considers just.  2009, c. 5, s. 24. Consequence of order to release (15) Where an order to release is made under subsection (14), the impoundment shall not be considered a previous impoundment for the purposes of subsection (3) or subsection 50.2 (4).  2009, c. 5, s. 24. Personal property in vehicle available to owner (16) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property.  2009, c. 5, s. 24. Vehicle released from impound facility (17) Upon the expiry of the period of impoundment, the Registrar shall order that the motor vehicle be released to its owner from the impound facility.  2009, c. 5, s. 24. Release to holder of vehicle portion (18) Despite subsection (17), the holder of the vehicle portion of a certificate of registration may apply to the Registrar for the motor vehicle to be released to that holder upon the expiry of the period of impoundment, rather than to the holder of the plate portion, and the Registrar may order the motor vehicle released to the applicant on such conditions as he or she considers appropriate.  2009, c. 5, s. 24. Obligations of holder of vehicle portion (19) An order under subsection (18) has the effect of making the applicant liable for meeting the owner’s obligations under subsection (22).  2009, c. 5, s. 24. Costs to be paid before release (20) Despite subsection (15) and despite being served with an order under subsection (14) or (18), the person who operates the impound facility is not required to release the motor vehicle until the removal and impound costs for the motor vehicle have been paid.  2009, c. 5, s. 24. Lien on vehicle for removal, impound costs (21) The costs incurred by the person who operates the impound facility in respect of an impoundment under this section are a lien on the motor vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act.  2009, c. 5, s. 24. Impound costs (22) The costs incurred by the person who operates the impound facility in respect of an impoundment under this section are a debt due by the owner and the driver of the motor vehicle at the time the vehicle was detained under this section, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction.  2009, c. 5, s. 24. Defence (23) It is a defence to an action referred to in subsection (22) that the owner sold or transferred the motor vehicle to another person before the vehicle was detained.  2009, c. 5, s. 24. Debt due to police, Crown (24) The costs incurred by a police force or the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (12) or (13) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction.  2009, c. 5, s. 24. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 55.1 (24) of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 23 (3)) Civil Remedies Act, 2001 prevails (25) Despite subsections (14), (17) and (18), a vehicle that is subject to an order under Part III.1 of the Civil Remedies Act, 2001 shall not be released from detention or the impound facility except in accordance with the terms of that order, or another order, made under that Act.  2009, c. 5, s. 24. Impound, removal service providers are independent contractors (26) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation.  2009, c. 5, s. 24. Owner may recover losses from driver (27) 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 motor vehicle was detained under this section to recover any costs or other losses incurred by the owner in connection with the impoundment.  2009, c. 5, s. 24. Holder of vehicle portion may recover costs (28) The holder of the plate portion of the permit and the driver of the motor vehicle at the time of the impoundment are jointly and severally liable to the holder of the vehicle portion of the permit who obtains an order under subsection (18) for any costs or losses incurred in connection with the impoundment, and the costs and losses may be recovered in any court of competent jurisdiction.  2009, c. 5, s. 24. Protection from personal liability (29) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty.  2009, c. 5, s. 24. Crown not relieved of liability (30) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (29) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject.  2009, c. 5, s. 24; 2019, c. 7, Sched. 17, s. 88 (3). Offence (31) Every person who fails to comply with subsection (10) or with a requirement of a police officer or officer appointed for carrying out the provisions of this Act under subsection (9) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.  2009, c. 5, s. 24. Same (32) Every person who drives or operates or removes a motor vehicle that is impounded under this section and every person who causes or permits such a motor vehicle to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.  2009, c. 5, s. 24. Same (33) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000.  2009, c. 5, s. 24. Same (34) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her 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 $20,000 or to imprisonment for a term of not more than six months, or to both.  2009, c. 5, s. 24. Decision without hearing is final (35) The Registrar shall assess applications made under subsections (14) and (18) without a hearing and the Registrar’s decision is final.  2009, c. 5, s. 24. Intent of impoundment (36) The impoundment of a motor vehicle under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.  2009, c. 5, s. 24. Impoundment concurrent with other administrative impoundments (37) 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, 55.2, 82.1 or 172.  2009, c. 5, s. 24. Regulations (38) The Lieutenant Governor in Council may make regulations, (a)  requiring police officers and officers appointed for carrying out the provisions of this Act to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports; (b)  prescribing the period for the purpose of subsection (3); (c)  prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section; (d)  prescribing the manner in which notices of impoundments under this section may be given under this section; (e)  prescribing methods for and rules of service for any notices required to be given under this section; (f)  classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this section or any regulation made under this section and prescribing conditions for any such exemptions; (f.1)  prescribing reasons for the purpose of paragraphs 2 and 3 of subsection (1); (g)  prescribing a period of time during which all persons and motor vehicles are exempt from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made during that period where paragraph 2 or 3 of subsection (3) would otherwise apply; (h)  classifying persons and motor vehicles and exempting any class of person or motor vehicle from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made with respect to that class of person or motor vehicle where paragraph 2 or 3 of subsection (3) would otherwise apply, and prescribing conditions for any such exemption; (i)  prescribing classes of persons and motor vehicles for the purposes of subsection (14) and specifying eligibility criteria; (j)  prescribing fees for the administration of this section; (k)  prescribing the time within which an appeal may be brought under section 50.2 with respect to an impoundment under this section, and governing any other time requirements in the appeal process; (l)  prescribing criteria to be considered, and criteria not to be considered, by the Tribunal in determining in an appeal under section 50.2 whether exceptional hardship will result from an impoundment under this section; (m)  prescribing rules, time periods and procedures with respect to applications under subsection (14).  2009, c. 5, s. 24; 2015, c. 14, s. 18 (2). Forms (39) The Minister may require that forms approved by the Minister be used for any purpose of this section.  2009, c. 5, s. 24. Transition (39.1) For the purposes of paragraph 1 of subsection (1), a driver’s licence suspension that was imposed under section 41.1 before its repeal under section 7 of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 and that was in effect on the day of its repeal is deemed to be a suspension under section 41. 2015, c. 14, s. 18 (3). Definitions (40) In this section, “operator” means, (a)  the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and (b)  in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle; (“utilisateur”) “owner” means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and a plate portion and different persons are named on each portion, means, (a)  in subsections (2), (6) and (7), the person whose name appears on the vehicle portion, and (b)  in subsections (2), (3), (4), (6), (7), (10), (11), (12), (13), (17), (19), (22), (23) and (27), the person whose name appears on the plate portion. (“propriétaire”)  2009, c. 5, s. 24; 2014, c. 9, Sched. 2, s. 19. Section Amendments with date in force (d/m/y) 1997, c. 12, s. 8 - 16/02/1999; 1999, c. 12, Sched. G, s. 24 (16) - 01/04/2000; 1999, c. 12, Sched. R, s. 11 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2000, c. 26, Sched. O, s. 5 (1, 2, 4-9) - 06/12/2000; 2000, c. 26, Sched. O, s. 5 (3) - 30/11/2001 2002, c. 18, Sched. P, s. 18 - 01/01/2006 2007, c. 13, s. 15
- 20/02/2008 2008, c. 17, s. 40
- 06/03/2009 2009, c. 5, s. 24
- 01/07/2011 2014, c. 9, Sched. 2, s. 19 - 01/01/2017 2015, c. 14, s. 18 (1-3) - 01/07/2018; 2015, c. 27, Sched. 7, s. 17 - 03/12/2015 2018, c. 3, Sched. 5, s. 26 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 24 (3) - not in force;
2019, c. 7, Sched. 17, s. 88 (3) - 01/07/2019