PART XV PROCEDURE, ARRESTS AND PENALTIES
Power of officer to examine commercial vehicles, road-building machines
216.1 (1) Any officer appointed for carrying out the provisions of this Act may, at any time, examine any commercial vehicle or road-building machine and its contents and equipment for the purpose of ascertaining whether this Act, the Compulsory Automobile Insurance Act or the Dangerous Goods Transportation Act, or the regulations under any of them, are being complied with, and the driver, operator or other person in control of the vehicle shall assist in the examination. 2016, c. 5, Sched. 12, s. 10 (1). Power to stop commercial vehicles, road-building machines (2) Any officer appointed for carrying out the provisions of this Act, in the lawful execution of his or her duties and responsibilities, including for the purpose of an examination under subsection (1), may direct, by signals or otherwise, the driver of any commercial vehicle or road-building machine driven on a highway to stop, and the driver, upon being so directed, shall stop the vehicle. 2016, c. 5, Sched. 12, s. 10 (1). Computer access (2.1) An examination under this section may involve accessing information from the vehicle’s computer system. 2019, c. 14, Sched. 16, s. 16. Surrender of documents (3) Where a commercial vehicle or road-building machine and its contents and equipment are examined under this section, the officer conducting the examination may require the driver, operator or other person in control of the vehicle to surrender all documents relating to the ownership and operation of the vehicle and to the carriage of the goods, and to furnish all information within that person’s knowledge relating to the details of the current trip.  2002, c. 18, Sched. P, s. 37; 2016, c. 5, Sched. 12, s. 10 (2). Copies (4) An officer obtaining a document under subsection (3) may take the document for the purpose of making a copy of it, but the copying shall be done as quickly as reasonably possible and the document copied shall be promptly returned.  2002, c. 18, Sched. P, s. 37. Same (5) Any copy made as provided in subsection (4) and certified to be a true copy by the person making it is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the original document and of the contents of the original document.  2002, c. 18, Sched. P, s. 37. Remove vehicle from the highway until in compliance (6) Where an officer appointed for carrying out the provisions of this Act is of the opinion, on reasonable and probable grounds, that a commercial vehicle or road-building machine is being operated in contravention of this Act, the Compulsory Automobile Insurance Act
or the Dangerous Goods Transportation Act, or the regulations under any of them, the officer may, (a)  direct the driver of the vehicle to drive the vehicle to such location as is reasonable in the circumstances and detain it at that location; and (b)  seize the permits and number plates for the vehicle, until the vehicle is able to be operated in compliance with this Act, the
Compulsory Automobile Insurance Act and the Dangerous Goods Transportation Act, and the regulations under them.  2002, c. 18, Sched. P, s. 37; 2016, c. 5, Sched. 12, s. 10 (3); 2020, c. 34, Sched. 23, s. 7 (21). Duty to comply with direction (7) Every driver who is directed under clause (6) (a) shall comply with the direction.  2002, c. 18, Sched. P, s. 37. Offence (8) Every person who contravenes subsection (1), (2), (3) or (7) is guilty of an offence and upon conviction is liable to a fine of not less than $250 and not more than $20,000.  2002, c. 18, Sched. P, s. 37. Definition (9) For the purposes of this section, “commercial vehicle” means a commercial motor vehicle, a motor vehicle towing a trailer or a vehicle used to transport passengers for compensation. 2020, c. 34, Sched. 23, s. 7 (22). Note: On a day to be named by proclamation of the Lieutenant Governor, section 216.1 of the Act is amended by adding the following subsection: (See: 2015, c. 27, Sched. 7, s. 27) Regulations (10) The Lieutenant Governor in Council may make regulations defining “operator” for the purposes of this section. 2015, c. 27, Sched. 7, s. 27. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. P, s. 37 - 01/01/2006 2015, c. 27, Sched. 7, s. 27 - not in force 2016, c. 5, Sched. 12, s. 10 (1-3) - 01/07/2017 2019, c. 14, Sched. 16, s. 16 - 01/04/2022 2020, c. 34, Sched. 23, s. 7 (21, 22) - 01/07/2021 Arrest powers