hordruma/ontario_laws_and_regs huggingface dataset:
Modification of application of Act or regulations
1.2 The Lieutenant Governor in Council may make regulations, (a)  providing that any Part or provision of  this Act, or any regulation or provision of a regulation, applies to a specified class of vehicles or to drivers, operators, owners or lessees of a specified class of vehicles in addition to the vehicles, drivers, operators, owners or lessees that the Part, provision or regulation otherwise applies to, prescribing modifications to that Part, provision or regulation for any such application and prescribing conditions and circumstances for any such application; (b)  exempting a specified class of vehicles, or drivers, operators, owners or lessees of a specified class of vehicles, from any Part or provision of this Act, or any regulation or provision of a regulation, and prescribing conditions and circumstances for any such exemption; (c)  defining “operator” and “owner” for the purposes of regulations made under clause (a) or (b). 2016, c. 5, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 12, s. 2 - 01/07/2017
Adoption by reference
1.3 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council or the Minister, as the case may be, considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. 2021, c. 26, Sched. 1, s. 2. Rolling incorporation by reference (2) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time. 2021, c. 26, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 4, s. 1 - 01/07/2018 2019, c. 8, Sched. 1, s. 4 - 01/12/2020 2021, c. 26, Sched. 1, s. 2 - 03/06/2021 PART I   ADMINISTRATION
PART I ADMINISTRATION
Registrar of Motor Vehicles
3 (1) There shall be a Registrar of Motor Vehicles appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. H.8, s. 3 (1). Duties (2) The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to highway traffic within Ontario, and shall perform the duties that are assigned to him or her by this Act, by the Lieutenant Governor in Council, or by the Minister or Deputy Minister.  R.S.O. 1990, c. H.8, s. 3 (2). Delegation of powers, etc., to Deputy Minister and Registrar (3) The Minister may authorize the Deputy Minister and the Registrar or either of them to exercise and discharge in his or her place any of the powers conferred or the duties imposed upon him or her under this Act or the regulations and, where both the Deputy Minister and the Registrar are so authorized, either of them may exercise and discharge any of the powers and duties.  R.S.O. 1990, c. H.8, s. 3 (3). Delegation of powers of Registrar (4) The Deputy Minister, with the consent of the Minister, may authorize any public servant or servants in the Ministry to exercise any or all of the powers and duties of the Registrar.  R.S.O. 1990, c. H.8, s. 3 (4); 1996, c. 20, s. 1. Section Amendments with date in force (d/m/y) 1996, c. 20, s. 1 - 29/11/1996
PART I ADMINISTRATION
Power to do things electronically
4.1 (1) Anything that the Minister, the Ministry or the Registrar is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. 2019, c. 15, Sched. 18, s. 1. Same (2) Anything that any person is required or authorized to do or to provide to the Minister, the Ministry or the Registrar under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry. 2019, c. 15, Sched. 18, s. 1. Service and delivery by electronic means (3) Where notice is required or allowed under this Act to be given or delivered to, or served on a person, the notice may be given by electronic means in accordance with the regulations. 2019, c. 15, Sched. 18, s. 1. Regulations re electronic documents (4) The Lieutenant Governor in Council may make regulations, (a)  providing for the use of electronic documents, including electronic licences, permits or certificates, reports, schedules and daily logs when a driver or other person is required by this Act or the regulations to carry, present, keep, display or surrender a document or card, or to display on a number plate evidence of validation of a permit, and in other prescribed situations; (b)  governing the use, issuance, creation, recording, storage, transmission, copying, display, appearance, form or content of electronic documents; (c)  where a regulation described in clause (a) provides for the use of electronic documents, providing that specified requirements set out in this Act or the regulations do not apply; (d)  governing electronic means of giving notice under subsection (3), including the conditions that must be met before using such means, and specifying the provisions of this Act or regulations under which electronic means may be used; (e)  governing the admissibility of electronic documents in court; (f)  governing the circumstances in which the information set out in an electronic document is deemed to be true, and in which the electronic document or a copy or excerpt of it shall be received in evidence as proof of the information set out in it. 2019, c. 15, Sched. 18, s. 1. Conflict (5) In the event of a conflict between a regulation made under this section and this Act, the regulation prevails. 2019, c. 15, Sched. 18, s. 1. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 3
- 04/06/2007 2019, c. 15, Sched. 18, s. 1 - 01/03/2021 Personal information — authorized requester program
PART I ADMINISTRATION
Regulations re fees
5 (1) The Lieutenant Governor in Council may make regulations, (a)  providing for the payment of fees for the issue, renewal, replacement or transfer of permits, licences and number plates under this Act and prescribing the amount of the fees; (b)  providing for the payment of fees for copies of or access to any writing, paper or document filed in the Ministry pursuant to this Act or any statement containing information from the records of the Ministry and prescribing the amount of the fees; (c)  providing for the payment of fees upon application to the Ministry for any approval required under this Act in respect of any equipment to be used on a vehicle and prescribing the amount of the fees; (d)  providing for and governing the imposition and payment of administrative fees for the reinstatement of suspended licences; (d.1)  providing for exemptions from payment of the administrative fees prescribed under clause (d) and prescribing conditions and circumstances for any such exemption; (e)  providing for the payment of administrative fees for handling dishonoured payments tendered for the issue, renewal, replacement, transfer, validation or reinstatement of permits, licences and number plates; (f)  prescribing a rate of interest for purposes of subsection (2), when interest starts to run and the method of calculating the interest; (g)  prescribing penalties for the purposes of subsections (2) and 5.1 (2) and the method of determining the amount of any penalty; (h)  prescribing fees for anything done or provided by or on behalf of the Minister, the Ministry or the Registrar under this Act; (i)  prescribing consequences in regard to a licence, permit or number plate where a fee or penalty required or imposed under this Act, including an administrative penalty, is not paid or its payment is dishonoured.  R.S.O. 1990, c. H.8, s. 5 (1); 1994, c. 27, s. 138 (2); 1996, c. 20, s. 2; 2006, c. 33, Sched. M, s. 1 (1); 2007, c. 13, s. 4; 2019, c. 8, Sched. 1, s. 5. Interest and penalties when payment dishonoured (2) Where payment for any fee or tax is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a penalty may be imposed.  1994, c  27, s. 138 (3). Fees may include cost recovery portion (3) A fee prescribed or set under this Act for the issuance or renewal of any permit or licence or for the validation of any permit may include a portion that is for the recovery of costs related to public highway infrastructure.  2006, c. 33, Sched. M, s. 1 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 138 (2, 3) - 01/03/1995; 1996, c. 20, s. 2 - 26/01/1998 2006, c. 33, Sched. M, s. 1 (1, 2) - 20/12/2006 2007, c. 13, s. 4 - 04/06/2007 2019, c. 8, Sched. 1, s. 5 - 01/07/2022
PART I ADMINISTRATION
Administrative monetary penalties
5.1 (1) The Lieutenant Governor in Council may make regulations, (a)  providing for and governing the imposition and payment of administrative penalties payable by persons whose driver’s licence has been suspended, including prescribing different penalties based on the number of times the licence has previously been suspended and on the grounds for suspension; (b)  providing for exemptions from payment of an administrative penalty and prescribing conditions and circumstances for any such exemption.  2007, c. 13, s. 5; 2014, c. 9, Sched. 2, s. 2 (1, 2). Interest and penalties when payment dishonoured (2) Where payment for an administrative penalty is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a further penalty may be imposed.  2007, c. 13, s. 5; 2014, c. 9, Sched. 2, s. 2 (3). Administrative penalty relevant upon sentencing (3) Where a court imposes a fine or penalty for an offence that arises from the same circumstances that gave rise to a suspension for which an administrative penalty has been imposed under this section, the court may take the administrative penalty into consideration when determining the fine or penalty for the offence. 2017, c. 26, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 5
- 04/06/2007 2014, c. 9, Sched. 2, s. 2 (1-3) - 01/01/2017 2017, c. 26, Sched. 4, s. 2 - 01/07/2018
PART I ADMINISTRATION
Cancellation of permit, licence where false information is provided
5.2 (1) If the Minister is satisfied that any information provided by the holder of a vehicle permit or driver’s licence to the Ministry or the Ministry’s delegate is false, the Minister may, without prior notice to the holder, do either or both of the following: 1.  Cancel the vehicle permit or driver’s licence. 2.  Correct and amend the Ministry’s records.  2008, c. 17, s. 30. Benefits obtained under false information nullified (2) The holder of a vehicle permit or driver’s licence cancelled under subsection (1) is subject to the requirements of this Act without the benefit of anything done under this Act in reliance on the false information.  2008, c. 17, s. 30. Section Amendments with date in force (d/m/y) 2008, c. 17, s. 30 - 06/03/2009
PART I ADMINISTRATION
Cancellation of permit, licence where information on permit, licence is incorrect
5.3 (1) The Minister may cancel a vehicle permit or driver’s licence if the Minister is satisfied that any information appearing on the vehicle permit or driver’s licence is incorrect.  2008, c. 17, s. 30. Notice to holder (2) Before taking any action under subsection (1), the Minister shall cause notice to be given to the holder of the vehicle permit or driver’s licence of his or her intention to cancel the permit or licence and the notice shall state that the holder has 60 days from the date of the notice to provide the Minister with the correct information. 2015, c. 27, Sched. 7, s. 2 (1). Same (2.1) Notice under subsection (2) is sufficiently given to the holder of the vehicle permit or driver’s licence if delivered personally or mailed to the latest address or any previous address of the holder on the records of the Ministry or to another address at which there is reason to believe the holder may be found. 2015, c. 27, Sched. 7, s. 2 (1). Holder to provide correct information (3) The Minister shall not take the proposed action under subsection (1) if the holder of the vehicle permit or driver’s licence provides the Minister with revised information in the form and manner required by the Minister within 60 days after the date of the notice under subsection (2) and the Minister is satisfied that the revised information is correct.  2008, c. 17, s. 30. Holder fails to provide correct information (4) If the holder fails to provide the correct information as required under subsection (3), the Minister may take the action proposed under subsection (1), but not earlier than 60 days after the date of the notice, and the Minister shall mail notice of the action taken to the holder at the latest address of the holder on the records of the Ministry.  2008, c. 17, s. 30; 2015, c. 27, Sched. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 2008, c. 17, s. 30
- 06/03/2009 2015, c. 27, Sched. 7, s. 2 (1, 2) - 03/12/2015
PART I ADMINISTRATION
Protection from personal liability
5.4 (1) No action or other proceeding for damages shall be instituted against the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister for anything done in good faith in the execution or intended execution of a power or duty under section 5.2 or 5.3.  2008, c. 17, s. 30. Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.  2008, c. 17, s. 30; 2019, c. 7, Sched. 17, s. 88 (1). Section Amendments with date in force (d/m/y) 2008, c. 17, s. 30 - 06/03/2009 2019, c. 7, Sched. 17, s. 88 (1) - 01/07/2019 PART II   PERMITS
PART II PERMITS
Interpretation, Part II
6 (1) In this Part, “holder”, when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (“titulaire”) “IRP cab card” means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan; (“certificat d’immatriculation IRP”) “IRP inspector” means a person appointed as an IRP inspector under subsection 7.3 (1); (“inspecteur de l’IRP”) “lessee” means a person who has leased a vehicle for a period of not less than one year; (“locataire”) “number”, when used in relation to a permit or plate, means a number, a series of letters or a combination of letters and numbers, and “numbered”, when so used, has a corresponding meaning; (“numéro”, “numéroté”) “permit” means a permit issued under subsection 7 (7) consisting, except when the permit is an IRP cab card, of a vehicle portion and a plate portion; (“certificat d’immatriculation”) “police officer” includes an officer appointed for carrying out the provisions of this Act; (“agent de police”) “prescribed” means prescribed by the regulations; (“prescrit”) “validate” means render in force for the prescribed period of time and “validation” and “validated” have corresponding meanings. (“valider”, “validation”, “valide”)  R.S.O. 1990, c. H.8, s. 6 (1); 1999, c. 12, Sched. R, s. 1 (2, 3); 2002, c. 22, s. 95; 2019, c. 4, Sched. 11, s. 1. Person authorized by Minister (2) Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act.  R.S.O. 1990, c. H.8, s. 6 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. R, s. 1 (1, 4) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011;1999, c. 12, Sched. R, s. 1 (2, 3) - 01/01/2001 2002, c. 22, s. 95
- 09/12/2002 2019, c. 4, Sched. 11, s. 1 (1, 2) - 03/04/2019
PART II PERMITS
International Registration Plan
7.1 (1) The Minister may apply to have Ontario made a member of the reciprocal agreement known as the International Registration Plan.  1999, c. 12, Sched. R, s. 3. Effect of membership in Plan (2) If Ontario is a member of the Plan, the provisions of this Part and the regulations made under this Part are subject to the provisions of the Plan with respect to, (a)  the issuance of permits for commercial motor vehicles engaged in interprovincial or international travel; and (b)  the registration and licence fees for such vehicles, which shall be apportioned, as provided in the Plan, on the basis of the distance travelled by the vehicles within each jurisdiction that is a member of the Plan.  1999, c. 12, Sched. R, s. 3. Exemptions (3) If Ontario is a member of the Plan, persons who reside in or are based in another jurisdiction that is a member of the Plan are exempt, if so provided in the Plan, from the requirements of this Part and from the fees prescribed under this Part with respect to commercial motor vehicles owned or leased by such persons.  1999, c. 12, Sched. R, s. 3. Same (4) A person is not entitled to an exemption under subsection (3) unless the person is in compliance with the motor vehicle laws of the jurisdiction where the commercial motor vehicle owned or leased by the person is registered.  1999, c. 12, Sched. R, s. 3. Interpretation (5) For the purpose of subsection (3), where a person resides or is based shall be determined in accordance with the terms of the Plan.  1999, c. 12, Sched. R, s. 3. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. R, s. 3 - 21/02/2000
PART II PERMITS
Record-keeping by IRP permit holders
7.2 (1) Every holder of an IRP cab card issued under subsection 7 (7) shall maintain and preserve the prescribed records for five years after the registration year for which the IRP cab card was issued.  2002, c. 22, s. 98; 2004, c. 31, Sched. 18, s. 1. Offence (2) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2004, c. 31, Sched. 18, s. 1 - 16/12/2004
PART II PERMITS
Sharing examination, inspection findings with other IRP jurisdictions
7.4 The Minister shall, in accordance with the terms of the International Registration Plan, provide the findings from every examination and inspection conducted under section 7.3, (a)  to such other member jurisdictions of the Plan, or their delegates, that have an interest in the findings; and (b)  to the governing body of the Plan or its delegate.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98
- 09/12/2002
PART II PERMITS
IRP inspector’s costs
7.5 Where an IRP inspector travels outside of Ontario to conduct an examination and inspection under section 7.3 respecting a holder of an IRP cab card issued under subsection 7 (7), the holder shall pay to the Minister the IRP inspector’s travel expenses and a daily fee for the IRP inspector’s work.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98
- 09/12/2002
PART II PERMITS
Interest
7.7 (1) This section applies with respect to registration years that end on or after December 9, 2002.  2004, c. 31, Sched. 18, s. 2. Interest payable on unpaid fees and penalties (2) Interest is payable to the Minister on the amount of any unpaid fees and penalties owed to the Minister and on the amount of any unpaid fees and taxes owed to another member of the International Registration Plan and collected by Ontario pursuant to the Plan.  2004, c. 31, Sched. 18, s. 2. Same (3) Interest is payable for the period commencing on the day after the last day of the registration year for which the unpaid amount is owed until the date on which the unpaid amount, including interest, is paid.  2004, c. 31, Sched. 18, s. 2. Interest rate (4) Interest is to be calculated at the rate or rates determined in accordance with the regulations.  2004, c. 31, Sched. 18, s. 2. Waiver of interest (5) Despite subsection (2), the Minister may exempt a person from payment of part or all of the interest owing in respect of a registration year if the Minister is of the opinion that owing to special circumstances it is inequitable to charge and collect the whole amount of the interest.  2004, c. 31, Sched. 18, s. 2. Decision final (6) The Minister’s decision under subsection (5) about whether to exempt a person from the payment of interest and the amount of the exemption, if any, is final and not subject to review.  2004, c. 31, Sched. 18, s. 2. Transition (7) Interest in respect of a period before the date on which the Budget Measures Act (Fall), 2004
receives Royal Assent is to be determined in accordance with this section as it reads on and after that date, and not in accordance with this section as it read before that date.  2004, c. 31, Sched. 18, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002 2004, c. 31, Sched. 18, s. 2 - 16/12/2004
PART II PERMITS
Objections
7.8 (1) An IRP cab card holder who objects to an assessment, reassessment or penalty may, within 30 days after receiving the notice of assessment or reassessment, serve on the Minister a written objection in the form approved by the Minister.  2002, c. 22, s. 98. Decision (2) The Minister shall consider the written submissions and shall confirm, vary or set aside the assessment, reassessment or penalty objected to.  2002, c. 22, s. 98. Extension of time (3) The Minister may extend the time for objecting if the person seeking to object proves to the satisfaction of the Minister that the objection could not have been served on time.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002
PART II PERMITS
Appeal or review from Minister’s decision
7.9 (1) No further appeal or other review shall be available from a decision under subsection 7.8 (2) except as provided in the International Registration Plan.  2002, c. 22, s. 98. Appeal or review under IRP binding (2) Where an appeal or review is provided for and conducted under the terms of the International Registration Plan, the Minister and the IRP cab card holder who was a party to the appeal or review are bound by the decision made on that appeal or review.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002
PART II PERMITS
False statements on IRP documents
7.10 (1) Every person is guilty of an offence who has made, or participated in, assented to or acquiesced in the making of, false or deceptive statements in an application or other documentation filed with the Ministry with respect to an IRP cab card.  2002, c. 22, s. 98. Penalty (2) A person convicted of an offence under subsection (1) is liable to one or both of the following penalties in addition to any assessment, penalty or interest under section 7.6 or 7.7: 1.  A fine that is, i.  not less than $1,000 or 50 per cent of the amount of the fees and taxes that was evaded, whichever is greater, and ii.  not more than double the amount of the fees and taxes that was evaded, if the maximum so calculated is greater than the amount determined under subparagraph i. 2.  Imprisonment for a term of not more than six months.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002
PART II PERMITS
Collection and disclosure of information
7.12 (1) The Minister may, for any purpose related to the administration or enforcement of the International Registration Plan, collect information, directly or indirectly, and retain and use such information, including, (a)  information collected and disclosed to the Minister by another minister, another member jurisdiction of the Plan or its delegate or the governing body of the Plan or its delegate; and (b)  information about the employees and agents of an IRP cab card holder or an applicant for an IRP cab card.  2002, c. 22, s. 98. Same (2) Every other minister of the Crown shall disclose to the Minister information collected by the other minister that may assist the Minister in carrying out his or her duties in the administration or enforcement of the International Registration Plan.  2002, c. 22, s. 98. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 98 - 09/12/2002