hordruma/ontario_laws_and_regs huggingface dataset:
PART VI EQUIPMENT
Definitions, ss. 88-100
88 In this section and in sections 89 to 100, “Director” means the Director of Vehicle Inspection Standards appointed under section 89; (“directeur”) “licensee” means a person who is the holder of a motor vehicle inspection station licence issued under section 91; (“titulaire de permis”) “motor vehicle inspection mechanic” means a person who certifies by means of a safety standards certificate that a motor vehicle complies with the equipment and performance standards prescribed by the regulations; (“mécanicien préposé à l’inspection des véhicules automobiles”) “motor vehicle inspection station” means any premises maintained or operated for the inspection of motor vehicles and the issuance of safety standards certificates or vehicle inspection stickers in respect of the motor vehicles; (“centre d’inspection des véhicules automobiles”) “registrant” means a person who is registered as a motor vehicle inspection station mechanic under section 92; (“mécanicien inscrit”) “vehicle inspection record” means a form required to be completed in accordance with the regulations prior to the issue of a vehicle inspection sticker; (“fiche d’inspection de véhicule”) “vehicle inspection sticker” means the device issued as evidence that the inspection requirements and performance standards referred to in section 85 have been complied with. (“vignette d’inspection de véhicule”)  R.S.O. 1990, c. H.8, s. 88. Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 88 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Director
89 The Minister shall appoint an officer of the Ministry to be the Director of Vehicle Inspection Standards for purposes of sections 88 to 100.  R.S.O. 1990, c. H.8, s. 89. Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 89 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025 Safety standards certificate and vehicle inspection sticker
PART VI EQUIPMENT
Safety standards certificate and vehicle inspection sticker
90 (1) No person other than a licensee or a person authorized in writing by the licensee shall issue a safety standards certificate.  R.S.O. 1990, c. H.8, s. 90 (1). Affixing vehicle inspection sticker (2) No person other than a licensee, a motor vehicle inspection mechanic or a person authorized in writing by the licensee shall affix a vehicle inspection sticker to a vehicle.  R.S.O. 1990, c. H.8, s. 90 (2). Prerequisite for issue of safety standards certificate or affixing vehicle inspection sticker (3) A safety standards certificate in respect of a motor vehicle shall not be issued or a vehicle inspection sticker affixed to a vehicle unless, (a)  the vehicle has been inspected by a motor vehicle inspection mechanic in the motor vehicle inspection station and the vehicle complies with the inspection requirements and performance standards prescribed by the regulations; and (b)  the safety standards certificate or a vehicle inspection record, (i)  is made by the motor vehicle inspection mechanic who inspected the vehicle, and (ii)  is countersigned by the licensee or a person authorized in writing by the licensee.  R.S.O. 1990, c. H.8, s. 90 (3). Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 90 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Motor vehicle inspection mechanic
92 (1) No person shall sign a vehicle inspection record as mechanic or certify in a safety standards certificate that a vehicle complies with the standards of equipment and performance prescribed by the regulations unless the person is registered by the Director as a motor vehicle inspection mechanic in a motor vehicle inspection station and the Director may so register any person for whom application is made under subsection (2).  R.S.O. 1990, c. H.8, s. 92 (1). Registration (2) Where a licensee or an applicant for a motor vehicle inspection station licence applies for the registration as a motor vehicle inspection mechanic in the motor vehicle inspection station of the licensee or in the proposed motor vehicle inspection station of the applicant for a licence, as the case may be, of any person who meets the requirements of this Act and the regulations, the person is entitled to be registered as a motor vehicle inspection mechanic in the motor vehicle inspection station.  R.S.O. 1990, c. H.8, s. 92 (2). Expiration of registration (3) The registration of a motor vehicle inspection mechanic expires with the licence of the motor vehicle inspection station to which the mechanic is registered.  R.S.O. 1990, c. H.8, s. 92 (3). Grounds for refusal (4) Subject to section 95, the Director may refuse to register a motor vehicle inspection mechanic where, in his or her opinion, (a)  the past conduct of the mechanic affords reasonable grounds for belief that the mechanic will not act as a motor vehicle inspection mechanic in accordance with the law and with honesty and integrity; or (b)  the mechanic is not competent to act as a motor vehicle inspection mechanic.  R.S.O. 1990, c. H.8, s. 92 (4). Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 92 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Revocation of registration of motor vehicle inspection mechanic
93 The Director may revoke the registration of a motor vehicle inspection mechanic where, (a)  the registrant or the licensee has made a false statement in the application for registration of the registrant or in a safety standards certificate or in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the registrant; (b)  any inspection performed under the authority of the mechanic’s registration is incompetently performed by the registrant; or (c)  the registrant does not comply with this Act or the regulations.  R.S.O. 1990, c. H.8, s. 93. Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 93 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Hearing re terms of licence
94 (1) Where the Director issues a licence under this Act and the licensee is dissatisfied with the conditions thereof prescribed by the Director, he or she may by written notice given to the Director and the Tribunal require a hearing by the Tribunal, and the Tribunal shall appoint a time for and hold a hearing.  R.S.O. 1990, c. H.8, s. 94 (1); 1999, c. 12, Sched. G, s. 24 (16). Decision of Tribunal (2) After a hearing under subsection (1), the Tribunal may affirm the conditions prescribed for the licence by the Director or may cancel the conditions or may prescribe the other conditions for the licence in the place of those prescribed by the Director that it considers proper and the conditions shall be conditions of the licence.  R.S.O. 1990, c. H.8, s. 94 (2); 1999, c. 12, Sched. G, s. 24 (16). Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 94 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 24 (16) - 01/04/2000 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Service of notice
97 Except where otherwise provided, any notice required by sections 88 to 96 or the regulations to be served may be served personally or by registered mail addressed to the person to whom notice is to be given at the person’s latest known address and, where notice is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice until a later date.  R.S.O. 1990, c. H.8, s. 97. Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 97 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Inspectors
98 (1) The Minister may appoint one or more persons as inspectors for the purposes of sections 88 to 99 and the regulations and the appointments shall be in writing.  R.S.O. 1990, c. H.8, s. 98 (1). Certificate of appointment (2) The Minister shall issue every inspector appointed under subsection (1) a certificate of appointment and every inspector, in the execution of his or her duties under this section and the regulations, shall produce his or her certificate of appointment upon request.  R.S.O. 1990, c. H.8, s. 98 (2). Powers of inspectors (3) An inspector may at all reasonable times inspect the premises, operations and all records of all motor vehicle inspection stations to ensure that sections 88 to 92 and the regulations are complied with.  R.S.O. 1990, c. H.8, s. 98 (3). Idem (4) Upon an inspection under this section, the inspector may upon giving a receipt therefor remove any material referred to in subsection (3) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that the copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the licensee of the motor vehicle inspection station.  R.S.O. 1990, c. H.8, s. 98 (4). Admissibility of copies (5) Any copy made as provided in subsection (4) and purporting to be certified by an inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.  R.S.O. 1990, c. H.8, s. 98 (5). Obstruction (6) No person shall obstruct the inspector or withhold or destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of the inspection.  R.S.O. 1990, c. H.8, s. 98 (6). Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 98 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Offences, ss. 88-98, etc.
99 (1) Subject to subsection (1.1), any person who contravenes sections 88 to 98 or the regulations made under section 100 is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.  1996, c. 20, s. 21. Same (1.1) Any person who contravenes subsection 90 (3), 91 (1), 92 (1) or 98 (6) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000.  1996, c. 20, s. 21. Same (2) Any person who makes a false statement in a safety standards certificate is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000.  1996, c. 20, s. 21. Report on conviction to Director (3) A provincial judge or justice of the peace who makes a conviction for an offence under sections 88 to 98 or any regulation made under section 100, or the clerk of the court in which the conviction is made, shall forthwith certify the conviction to the Director setting out the name, address and description of the person convicted and the provision of this Act contravened.  R.S.O. 1990, c. H.8, s. 99 (3). Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 99 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 1996, c. 20, s. 21 - 28/10/1996 2015, c. 14, s. 30
- 01/01/2025
PART VI EQUIPMENT
Regulations, safety standards certificates, motor vehicle inspection stations, etc.
100 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing the form and content of safety standards certificates; (b)  prescribing inspection procedures, inspection requirements and equipment and performance standards of those items to be inspected for a safety standards certificate, a structural inspection certificate or a vehicle inspection sticker; (c)  governing the safety, equipment, premises, maintenance and operation of motor vehicle inspection stations; (d)  prescribing forms for the purposes of sections 88 to 98 and this section and providing for their use; (e)  prescribing conditions that shall attach to motor vehicle inspection station licences or the registrations of motor vehicle inspection mechanics or any class of either of them; (f)  classifying vehicles, motor vehicle inspection stations and motor vehicle inspection mechanics for the purposes of sections 88 to 92; (g)  prescribing fees that shall be paid upon applications for motor vehicle inspection station licences and upon the issuance of the licences or renewals thereof and upon applications for and the registration of motor vehicle inspection mechanics; (h)  prescribing the amount that shall be paid to the Ministry for forms of safety standards certificates and vehicle inspection stickers; (i)  prescribing the books, records and accounts that shall be kept by licensees; (j)  governing the reports and returns that shall be made to the Director by licensees and registrants; (k)  prescribing the qualifications of motor vehicle inspection mechanics; (l)  prescribing other duties of inspectors; (m)  prescribing the form, size and content of signs that identify motor vehicle inspection stations and governing the use of such signs; (n)  requiring and governing the return to the Ministry of unused forms of safety standards certificates, vehicle inspection records and vehicle inspection stickers and providing for refunds of amounts paid for the forms of certificates and stickers; (o)  requiring and governing the return to the Ministry of signs provided by the Ministry to identify motor vehicle inspection stations.  R.S.O. 1990, c. H.8, s. 100 (1); 2000, c. 15, s. 1 (1). Adoption by reference (2) Any regulation made under clause (1) (b) may adopt by reference any code, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary and may require compliance with any code that is adopted.  R.S.O. 1990, c. H.8, s. 100 (2). Exemptions (3) A regulation made under clause (1) (b) may provide that a structural inspection certificate is not required for such classes of vehicles or in such circumstances as are described in the regulation.  2000, c. 15, s. 1 (2). Note: On January 1, 2025, the day named by proclamation of the Lieutenant Governor, section 100 is repealed. (See: 2015, c. 14, s. 30) Section Amendments with date in force (d/m/y) 2000, c. 15, s. 1 (1, 2)
- 23/06/2000 2015, c. 14, s. 30
- 01/01/2025 Transition
PART VI EQUIPMENT
Transition
100.1 (1) The Minister may make regulations, (a)  governing the transition from the motor vehicle inspection station system, as set out in sections 88 to 100, to the vehicle inspection centre system, as set out in sections 100.2 to 100.8; (b)  governing, for purposes of transition, the application or the partial application of portions of the vehicle inspection centre system to the motor vehicle inspection station system. 2015, c. 14, s. 31 (1). Regulation prevails (2) Where there is a conflict between a regulation made under subsection (1) and this Act, the regulation prevails. 2015, c. 14, s. 31 (1). Notice (3) The Ministry may give notice to any person holding a motor vehicle inspection station licence, (a)  requiring that the person return to the Ministry any forms or materials received from the Ministry; (b)  setting out the time within which the person must return the forms or materials; and (c)  requiring the person to retain the records specified in the notice for the period of time specified in the notice. 2015, c. 14, s. 31 (1). Same (4) The notice may be served by a method prescribed by a regulation made under subsection (1) and the notice is deemed to be served within the time period prescribed by a regulation made under subsection (1). 2015, c. 14, s. 31 (1). Deemed service (5) Where the notice is deemed to be served within the time period prescribed by regulation, it shall be deemed to have been served within that time in the absence of evidence to the contrary. 2015, c. 14, s. 31 (1). Compliance (6) A person to whom a notice is given shall comply with the provisions of the notice. 2015, c. 14, s. 31 (1). Note: On January 1, 2026, the day named by proclamation of the Lieutenant Governor, section 100.1 is repealed. (See: 2015, c. 14, s. 31 (2)) Section Amendments with date in force (d/m/y) 2015, c. 14, s. 31 (1)
- 01/04/2022; 2015, c. 14, s. 31 (2)
- 01/01/2026
PART VI EQUIPMENT
Ministry program for the inspection of vehicles and the issuance of certificates
100.2 (1) The Minister may establish a program to provide for the inspection of vehicles and the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection. 2015, c. 14, s. 32. Director of Vehicle Inspection Standards (2) The Minister may appoint a Director of Vehicle Inspection Standards to administer the program. 2015, c. 14, s. 32. Agreements with service providers (3) The Minister may enter into agreements with service providers to assist with the administration of the program. 2015, c. 14, s. 32. Agreements to operate vehicle inspection centres (4) The Minister may, (a)  enter into agreements that authorize persons to operate vehicle inspection centres under the program; and (b)  authorize one or more service providers to enter into agreements that authorize persons to operate vehicle inspection centres under the program. 2015, c. 14, s. 32. Not a Crown agent (5) A vehicle inspection centre is not an agent of the Crown. 2015, c. 14, s. 32. Same (6) A service provider is not an agent of the Crown, except as may be provided by the service provider agreement. 2015, c. 14, s. 32. Collection, use and disclosure of information (7) A service provider is authorized to collect, use and disclose information, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, for the purpose of providing services under this Act, but the service provider shall exercise this authority solely in accordance with the applicable service provider agreement. 2015, c. 14, s. 32. Section Amendments with date in force (d/m/y) 2015, c. 14, s. 32
- 01/04/2022
PART VI EQUIPMENT
Crown not liable for acts of a vehicle inspection centre or service provider
100.3 (1) No action or other proceeding shall be instituted against the Crown, the Minister, the Director of Vehicle Inspection Standards or any other official or employee in the Ministry for any act of a vehicle inspection centre or service provider, or an employee or agent of a vehicle inspection centre or service provider, in the execution or intended execution of a power, duty or responsibility provided for under this Act or for an alleged neglect or default in the execution or intended execution of a power, duty or responsibility provided for under this Act. 2015, c. 14, s. 32. Crown not liable for acts done in good faith under this Act (2) No action or other proceeding shall be instituted against the Minister, the Director of Vehicle Inspection Standards or any other official or employee in the Ministry for any act done in good faith in the execution or intended execution of a power or duty under this Act or for any alleged neglect or default in the execution in good faith of a power or duty under this Act. 2015, c. 14, s. 32. Exception (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (2) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject. 2015, c. 14, s. 32; 2019, c. 7, Sched. 17, s. 88 (6). Section Amendments with date in force (d/m/y) 2015, c. 14, s. 32
- 01/04/2022 2019, c. 7, Sched. 17, s. 88 (6) - 01/04/2022 Prohibitions
PART VI EQUIPMENT
Prohibitions
100.4 (1) No person shall make a false statement or include inaccurate information or permit the making of a false statement or the including of inaccurate information, (a)  in any certificate or sticker or other type of proof of inspection referred to in subsection 100.2 (1); or (b)  in any application or other document submitted, directly or indirectly, to the Ministry or provided to a customer. 2015, c. 14, s. 33. Registered technicians (2) No person shall determine whether or not a vehicle meets the standards for issuance of a certificate or sticker or other type of proof of inspection other than a technician registered with the Director of Vehicle Inspection Standards. 2015, c. 14, s. 33. Accredited vehicle inspection centres (3) No person shall issue, or permit the issuance of, any certificate or sticker or other type of proof of inspection unless, (a)  it is issued by a registered technician after an inspection conducted in accordance with the inspection procedures that are prescribed by regulation or set out in a directive issued under section 100.7 in a vehicle inspection centre accredited by the Director of Vehicle Inspection Standards; and (b)  the vehicle meets the equipment and performance standards that are prescribed by regulation or set out in a directive issued under section 100.7. 2015, c. 14, s. 33. Provided or approved forms (4) No person shall use any form or type of certificate or sticker or other type of proof of inspection other than a form, type or proof provided by or approved by the Ministry. 2015, c. 14, s. 33. Section Amendments with date in force (d/m/y) 2015, c. 14, s. 33
- 01/04/2022
PART VI EQUIPMENT
Inspectors
100.5 (1) The Director of Vehicle Inspection Standards may appoint, in writing, one or more persons as vehicle inspection standards inspectors. 2015, c. 14, s. 33. Certificate of appointment (2) The Director shall issue every vehicle inspection standards inspector a certificate of appointment and every inspector who is acting in the execution of his or her duties shall produce his or her certificate of appointment upon request. 2015, c. 14, s. 33. Admissibility of copies (3) A copy of any record of a vehicle inspection centre that purports to be certified by a vehicle inspection standards inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original. 2015, c. 14, s. 33. Obstruction (4) No person shall obstruct a vehicle inspection standards inspector or withhold, destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of carrying out his or her duties. 2015, c. 14, s. 33. Section Amendments with date in force (d/m/y) 2015, c. 14, s. 33
- 01/04/2022
PART VI EQUIPMENT
Offences
100.6 (1) Any person who contravenes subsection 100.1 (6), section 100.4 or subsection 100.5 (4) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 or to imprisonment for a term of not more than 30 days, or to both. 2015, c. 14, s. 34. Limitation period (2) No proceeding for an offence under this section may be instituted more than two years after the facts on which the proceeding is based are alleged to have occurred. 2015, c. 14, s. 34. Report on conviction to Director (3) A provincial judge or justice of the peace who makes a conviction for an offence under this section or any regulation made under it, or the clerk of the court in which the conviction is made, shall forthwith certify the conviction to the Director of Vehicle Inspection Standards setting out the name, address and description of the person convicted and the provision contravened under this Act. 2015, c. 14, s. 34. Section Amendments with date in force (d/m/y) 2015, c. 14, s. 34
- 01/04/2022