15 (1) Every vehicle storage operator shall, in providing or offering to provide vehicle storage services, (a)  comply with the prescribed requirements and standards respecting the provision of vehicle storage services that are applicable to the operator; and (b)  ensure that persons employed or engaged by the operator and any other prescribed person complies with this Act and the regulations, including the prescribed requirements and standards respecting the provision of vehicle storage services. 2023, c. 9, Sched. 36, s. 9. Vehicle storage yard facility requirements (2) Every vehicle storage operator shall ensure that the operator’s vehicle storage yard facility meets the prescribed requirements. 2023, c. 9, Sched. 36, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 9 - 01/07/2023 Note: Sections 16 to 38 of this Act come into force on January 1, 2024, the day
named by proclamation of the Lieutenant Governor. Insurance 16 (1) No tow certificate holder shall provide or offer to provide towing services unless the holder is insured as required by the regulations. 2021, c. 26, Sched. 3, s. 16 (1). Same (2) No vehicle storage certificate holder shall provide or offer to provide vehicle storage services unless the holder is insured as required by the regulations. 2021, c. 26, Sched. 3, s. 16 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 16 of the Act is amended by striking out “certificate holder” wherever it appears and substituting in each case “operator” and striking out “holder” wherever it appears and substituting in each case “operator”. (See: 2023, c. 9, Sched. 36, s. 10) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 10 - 01/01/2024 Prohibited practices 17 No certificate holder shall engage in practices that are prescribed as prohibited practices. 2021, c. 26, Sched. 3, s. 17. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 17 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 11) Prohibited practices 17 No tow truck driver, tow operator or vehicle storage operator shall, directly or indirectly, engage in practices that are prescribed as prohibited practices. 2023, c. 9, Sched. 36, s. 11. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 11 - 01/01/2024 Records 18 (1) Every certificate holder shall keep the prescribed records in accordance with the prescribed requirements and, on the demand of the Director, a police officer or an inspector, shall produce and surrender a copy of any such record or any information required to be contained in any such record. 2021, c. 26, Sched. 3, s. 18 (1). Reports (2) Every certificate holder shall submit any prescribed reports to the Director in accordance with the prescribed requirements. 2021, c. 26, Sched. 3, s. 18 (2). Reports of collisions and incidents (3) A tow certificate holder shall report to the Director any collision or other incident involving a tow truck owned or operated by the holder that, (a)  resulted in injury to or the death of any person; (b)  is required to be reported under section 199 of the Highway Traffic Act; or (c)  is prescribed. 2021, c. 26, Sched. 3, s. 18 (3). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 18 (3) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 12) Reports of collisions and incidents (3) A tow operator shall, upon request, provide the Director with information or documents regarding any collision or other incident involving a tow truck that was, at the time of the collision or incident, owned or operated by the tow operator. 2023, c. 9, Sched. 36, s. 12. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 12 - 01/01/2024 Protection of Users of Towing Services and Vehicle Storage Services Requirements re persons using services 19 Every certificate holder shall comply with the prescribed requirements and standards respecting persons who request or receive towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 19. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 19 of the Act is amended by striking out “certificate holder” and substituting “tow truck driver, tow operator and vehicle storage operator”. (See: 2023, c. 9, Sched. 36, s. 13) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 13 - 01/01/2024 Requirement to obtain consent for towing services 20 (1) Unless the consent of the person specified by the regulations in relation to a motor vehicle is first obtained by a tow driver’s certificate holder in accordance with the regulations, (a)  the holder shall not provide, or attempt to provide, towing services in respect of the motor vehicle; and (b)  neither the holder nor the tow certificate holder shall charge or demand payment for any towing services in respect of the motor vehicle. 2021, c. 26, Sched. 3, s. 20 (1). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 20 (1) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 14 (1)) Requirement to obtain consent for towing services (1) Unless the consent of the person specified by the regulations in relation to a motor vehicle is first obtained by a tow truck driver or tow operator in accordance with the regulations, (a)  the tow truck driver shall not provide, or attempt to provide, towing services in respect of the motor vehicle; and (b)  neither the tow truck driver nor the tow operator shall charge or demand payment for any towing services in respect of the motor vehicle. 2023, c. 9, Sched. 36, s. 14 (1). Same (2) Subsection (1) does not apply if the motor vehicle is being impounded or in any other circumstances that may be prescribed. 2021, c. 26, Sched. 3, s. 20 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 20 (2) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 14 (1)) Same (2) Subsection (1) does not apply if the motor vehicle is being impounded or stored at the direction of a police officer or other person with authority to direct impoundment or storage or in any other circumstances that may be prescribed. 2023, c. 9, Sched. 36, s. 14 (1). Consent requirements (3) The tow driver’s certificate holder shall, in accordance with the regulations, document a consent required to be provided under subsection (1) and provide a copy of the signed documentation to the consenting person. 2021, c. 26, Sched. 3, s. 20 (3). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 20 (3) of the Act is amended by striking out “tow driver’s certificate holder” and substituting “tow truck driver or tow operator” and striking out ‘signed”. (See: 2023, c. 9, Sched. 36, s. 14 (2)) No alteration (4) No person shall alter a documented consent after it has been signed by the parties, except as permitted by the regulations. 2021, c. 26, Sched. 3, s. 20 (4). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 20 (4) of the Act is amended by striking out “after it has been signed by the parties”. (See: 2023, c. 9, Sched. 36, s. 14 (3)) Restriction on interference (5) No tow driver’s certificate holder shall attempt to obtain consent for towing services in respect of a motor vehicle if another tow driver’s certificate holder has already obtained consent to provide towing services for that motor vehicle that have not yet been provided. 2021, c. 26, Sched. 3, s. 20 (5). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 20 (5) of the Act is amended by striking out “tow driver’s certificate holder” wherever it appears and substituting in each case “tow truck driver”. (See: 2023, c. 9, Sched. 36, s. 14 (4)) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 14 (1-4) - 01/01/2024 Directions re towing 21 (1) Subject to any consent required under section 20, a tow driver’s certificate holder shall, unless the regulations provide otherwise, tow the motor vehicle to the location specified by the person prescribed with respect to the motor vehicle, and in accordance with any directions that the person may give. 2021, c. 26, Sched. 3, s. 21 (1). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 21 (1) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 15 (1)) Directions re towing (1) Subject to any consent required under section 20, a tow truck driver shall, unless the regulations provide otherwise, tow a motor vehicle to the location specified by a person prescribed with respect to the motor vehicle. 2023, c. 9, Sched. 36, s. 15 (1). Information to be provided to vehicle storage operator (2) A tow driver’s certificate holder who tows a motor vehicle to a vehicle storage yard facility shall provide the prescribed information to the vehicle storage operator in accordance with the regulations. 2021, c. 26, Sched. 3, s. 21 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 21 (2) of the Act is amended by striking out “tow driver’s certificate holder” and substituting “tow truck driver”. (See: 2023, c. 9, Sched. 36, s. 15 (2)) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 15 (1, 2) - 01/01/2024 Duties of vehicle storage certificate holders Records 22 (1) Every vehicle storage certificate holder shall, in accordance with the regulations, maintain a record of the motor vehicles towed to and removed from the holder’s vehicle storage yard facility. 2021, c. 26, Sched. 3, s. 22 (1). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 22 (1) of the Act is amended by striking out “certificate holder” and substituting “operator” and by striking out “holder’s” and substituting “operator’s”. (See: 2023, c. 9, Sched. 36, s. 16) Notification (2) A vehicle storage certificate holder shall, in the time and manner specified by the regulations, (a)  notify the prescribed person of the location of a motor vehicle that has been towed to the holder’s vehicle storage yard facility; and (b)  provide to the person any other information that may be prescribed. 2021, c. 26, Sched. 3, s. 22 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 22 (2) of the Act is amended by striking out “certificate holder” and substituting “operator” and by striking out “holder’s”  and substituting “operator’s”. (See: 2023, c. 9, Sched. 36, s. 16) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 16 - 01/01/2024 Requirement to obtain consent for vehicle storage services 23 (1) The vehicle storage certificate holder shall, in the time and manner specified by the regulations and in accordance with subsection (3), obtain the person’s consent to the vehicle storage services.
2021, c. 26, Sched. 3, s. 23 (1). Same (2) Subsection (1) does not apply if the motor vehicle has been impounded or in any other circumstances that may be prescribed. 2021, c. 26, Sched. 3, s. 23 (2). Same (3) Except as provided by the regulations, a consent under subsection (1) must be obtained before the vehicle storage certificate holder may charge or demand payment for the vehicle storage services. 2021, c. 26, Sched. 3, s. 23 (3). Consent requirements (4) The vehicle storage certificate holder shall, in accordance with the regulations, (a)  document a consent required to be provided under subsection (1); and (b)  provide a copy of the documentation, signed in accordance with the regulations, to the consenting person.
2021, c. 26, Sched. 3, s. 23 (4). No alteration (5) No person shall alter a documented consent after it has been signed by the parties, except as permitted by the regulations. 2021, c. 26, Sched. 3, s. 23 (5). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 23 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 17) Requirement to obtain consent for vehicle storage services 23 (1) The vehicle storage operator shall, in the prescribed circumstances and in the time and manner specified by the regulations, obtain the consent of the person specified by the regulations in relation to a motor vehicle with respect to the provision of vehicle storage services in respect of the motor vehicle. 2023, c. 9, Sched. 36, s. 17. Same (2) Subsection (1) does not apply if the motor vehicle is being impounded or stored at the direction of a police officer or other person with authority to direct impoundment or storage or in any other circumstances that may be prescribed. 2023, c. 9, Sched. 36, s. 17. Same (3) Except as provided by the regulations, in the circumstances in which a consent is required under subsection (1), the consent must be obtained before the vehicle storage operator may charge or demand payment for the vehicle storage services. 2023, c. 9, Sched. 36, s. 17. Consent requirements (4) The vehicle storage operator shall, in accordance with the regulations, (a)  document a consent required to be provided under subsection (1); and (b)  provide a copy of the documentation to the consenting person. 2023, c. 9, Sched. 36, s. 17. No alteration (5) No person shall alter a documented consent except as permitted by the regulations. 2023, c. 9, Sched. 36, s. 17. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 17 - 01/01/2024 Access to vehicle 24 (1) A tow driver’s certificate holder shall, before towing the motor vehicle or at such other time as may be prescribed, permit the person who consented to the towing services to have access to the motor vehicle at no charge in order to retrieve personal property. 2021, c. 26, Sched. 3, s. 24 (1). Same (2) A vehicle storage certificate holder shall permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle at no charge during the holder’s regular business hours or, if the premises do not have regular business hours, at any time the premises are open for business, in order to retrieve personal property. 2021, c. 26, Sched. 3, s. 24 (2). Exceptions (3) A police officer may direct, or the regulations may provide, that subsection (1) or (2), or both, do not apply with respect to a motor vehicle. 2021, c. 26, Sched. 3, s. 24 (3). Requirements re vehicle access (4) In permitting a person to have access to a motor vehicle, a certificate holder shall comply with any prescribed requirements. 2021, c. 26, Sched. 3, s. 24 (4). No pressuring (5) No certificate holder shall retain anything that a person is entitled to retrieve under subsection (1) or (2) as a means of pressuring the person to make a payment to the holder for towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 24 (5). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 24 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 17) Access to vehicle 24 (1) A tow truck driver shall at such times as may be prescribed permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle. 2023, c. 9, Sched. 36, s. 17. Same (2) A vehicle storage operator shall permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle during the operator’s regular business hours or, if the premises do not have regular business hours, at any time the premises are open for business. 2023, c. 9, Sched. 36, s. 17. Exceptions (3) A police officer or inspector may direct, or the regulations may provide, that subsection (1) or (2), or both, do not apply with respect to a motor vehicle. 2023, c. 9, Sched. 36, s. 17. Requirements re vehicle access (4) In permitting a person to have access to a motor vehicle under subsection (1) or (2), a tow truck driver or vehicle storage operator, as the case may be, shall comply with any prescribed requirements. 2023, c. 9, Sched. 36, s. 17. No pressuring (5) No tow truck driver, tow operator or vehicle storage operator shall retain anything found in a motor vehicle as a means of pressuring a person to make a payment for towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 17. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 17 - 01/01/2024 Restriction on passengers in tow trucks 25 No tow driver’s certificate holder shall allow a person to travel as a passenger in a tow truck, except, (a)  if the person is travelling as a passenger for the purpose of assisting the tow truck driver in carrying out towing services; or (b)  as permitted by, and in accordance with, the regulations. 2021, c. 26, Sched. 3, s. 25. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 25 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 17) Restriction on passengers in tow trucks 25 No tow truck driver shall allow a prescribed person to travel as a passenger in a tow truck. 2023, c. 9, Sched. 36, s. 17. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 17 - 01/01/2024 Estimates Towing services, if consent 26 (1) If consent to towing services is required under section 20, the tow driver’s certificate holder or tow certificate holder, as the case may be, shall, before the consent is obtained or at such other time as may be prescribed, provide an estimate for the services in accordance with the prescribed requirements to the person who would be providing the consent, together with any other prescribed document or information. 2021, c. 26, Sched. 3, s. 26 (1). Vehicle storage services, if consent (2) If consent to vehicle storage services is required under section 23, a vehicle storage certificate holder shall, when obtaining the consent, provide an estimate for the services in accordance with the prescribed requirements to the person who would be providing the consent, together with any other prescribed document or information.
2021, c. 26, Sched. 3, s. 26 (2). Exceptions (3) Subsections (1) and (2) do not apply in the prescribed circumstances. 2021, c. 26, Sched. 3, s. 26 (3). If no consent (4) If consent under section 20 or 23 is not required, the tow driver’s certificate holder, tow certificate holder or vehicle storage certificate holder, as the case may be, shall provide an estimate in accordance with the regulations. 2021, c. 26, Sched. 3, s. 26 (4). No charge for estimate (5) No certificate holder shall charge or demand payment for preparing an estimate. 2021, c. 26, Sched. 3, s. 26 (5). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 26 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 17) Estimates, towing and storage services 26 (1) A tow truck driver or tow operator shall provide estimates with respect to towing services and a vehicle storage operator shall provide estimates with respect to vehicle storage services. 2023, c. 9, Sched. 36, s. 17. Same (2) The estimates referred to in subsection (1) shall be provided in the prescribed circumstances, to the prescribed persons and in accordance with the prescribed requirements. 2023, c. 9, Sched. 36, s. 17. No charge for estimate (3) A person listed in subsection (1) shall not charge or demand payment for preparing an estimate. 2023, c. 9, Sched. 36, s. 17. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 17 - 01/01/2024 Invoices Towing services 27 (1) No tow certificate holder or tow driver’s certificate holder shall charge or demand payment for towing services unless the holder first provides to the person receiving the services an invoice in accordance with the regulations. 2021, c. 26, Sched. 3, s. 27 (1). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 27 (1) of the Act is repealed and the following substituted (See: 2023, c. 9, Sched. 36, s. 18) Towing services (1) No tow operator or tow truck driver shall charge or demand payment for towing services without first providing an invoice to the person receiving the services in accordance with the regulations. 2023, c. 9, Sched. 36, s. 18. Vehicle storage services (2) No vehicle storage certificate holder shall charge or demand payment for vehicle storage services unless the holder first provides to the person receiving the services an invoice in accordance with the regulations. 2021, c. 26, Sched. 3, s. 27 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 27 (2) of the Act is repealed and the following substituted (See: 2023, c. 9, Sched. 36, s. 18) Vehicle storage services (2) No vehicle storage operator shall charge or demand payment for vehicle storage services without first providing an invoice to the person receiving the services in accordance with the regulations. 2023, c. 9, Sched. 36, s. 18. Exceptions (3) Subsections (1) and (2) do not apply in the prescribed circumstances. 2021, c. 26, Sched. 3, s. 27 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 18 - 01/01/2024 Charges for services 28 (1) No certificate holder shall charge an amount for towing services or vehicle storage services, or for any related or ancillary services that may be prescribed, that is not in accordance with the regulations. 2021, c. 26, Sched. 3, s. 28 (1). No charging for work not done (2) No certificate holder shall charge an amount for towing services or vehicle storage services that were not actually provided. 2021, c. 26, Sched. 3, s. 28 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 28 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 19) Charges for services Minister’s regulations 28 (1) The Minister may make regulations governing amounts payable for towing services, vehicle storage services and any services related or ancillary to either. 2023, c. 9, Sched. 36, s. 19. Same (2) Without limiting the generality of subsection (1), the regulations may, (a)  prescribe maximum amounts that may be charged, which may include different maximum amounts in respect of, (i)  different services, (ii)  different classes of motor vehicles, (iii)  different geographical regions, and (iv)  such other criteria as the Minister considers appropriate; (b)  establish and govern procedures to be followed in relation to the charging of amounts for towing services or vehicle storage services and any services related or ancillary to either and requiring compliance with the procedures; (c)  govern the payment of amounts for towing services or vehicle storage services and any services related or ancillary to either, including methods of payment; (d)  provide that a specified service not be subject to a charge; (e)  prescribe criteria that the Director shall take into consideration when determining whether an amount is unreasonably high under subsection (7); (f)  establish and govern procedures to be followed by the Director when giving a notice under subsection (7). 2023, c. 9, Sched. 36, s. 19. Submission of amounts (3) Every tow operator and vehicle storage operator shall submit to the Director the amount to be charged for each towing service and vehicle storage service that the operator provides and for any related or ancillary services the operator provides. 2023, c. 9, Sched. 36, s. 19. Maximum amounts (4) An amount submitted under subsection (3) in respect of a service shall not exceed the applicable maximum amount prescribed under subsection (1) in respect of the service, if any. 2023, c. 9, Sched. 36, s. 19. Same (5) If an operator submitted an amount in respect of a service under subsection (3) or (7) and subsequently an applicable maximum amount that is lower than the submitted amount is prescribed under subsection (1), the operator shall submit to the Director an amount that does not exceed the prescribed maximum amount. 2023, c. 9, Sched. 36, s. 19. Publication by Director (6) The Director shall publish a list of all amounts submitted under subsection (3) on a website of the Government of Ontario and, if a subsequent amount is submitted under subsection (5) or (7), the Director shall update the list to reflect the most recently submitted amount. 2023, c. 9, Sched. 36, s. 19. Unreasonable amount (7) If there is no applicable prescribed maximum amount in respect of a service provided by an operator and the Director is of the opinion that the most recent amount submitted by the operator in respect of the service is unreasonably high, the Director may, by giving written notice to the operator, (a)  require the operator to submit a lower amount in respect of the service within the time period specified in the notice; and (b)  specify a maximum amount that may be charged by the operator in respect of the service during the period starting on the day the notice is given and ending on the day that the amount submitted under clause (a) is published by the Director under subsection (6). 2023, c. 9, Sched. 36, s. 19. Compliance (8) An operator to whom a written notice is given under subsection (7) shall comply with the notice within the time period specified in the notice. 2023, c. 9, Sched. 36, s. 19. Prohibition re charges (9) Subject to subsections (10) and (11), no person shall charge an amount in respect of towing services or vehicle storage services, or any related or ancillary services, that exceeds the amount published under subsection (6) in respect of the person and the service. 2023, c. 9, Sched. 36, s. 19. Same (10) If subsection (5) applies, no person shall charge an amount for a service that exceeds the applicable prescribed maximum amount starting on the day the applicable prescribed maximum amount first applies to the person. 2023, c. 9, Sched. 36, s. 19. Same (11) If clause (7) (b) applies to an operator, the operator shall not charge an amount for a service that exceeds the amount specified in the notice during the period described in that clause. 2023, c. 9, Sched. 36, s. 19. No charging for work not done (12) No person shall charge an amount for towing services or vehicle storage services that were not actually provided. 2023, c. 9, Sched. 36, s. 19. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 19 - 01/01/2024 Restrictions on inducements 29 (1) No certificate holder shall, directly or indirectly, give or receive or offer to give or receive anything in consideration of the furnishing of information or advice given in respect of the occurrence of a collision or the presence of a motor vehicle that requires towing, for the purpose of, (a)  obtaining work providing towing services or vehicle storage services; or (b)  enabling any other person to obtain work providing towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 29 (1). Same (2) No certificate holder shall, directly or indirectly, give or receive or offer to give or receive anything in consideration of the furnishing of information or advice given in respect of, (a)  the repair, appraisal or wrecking of a motor vehicle; or (b)  the referral of a person whose motor vehicle requires towing services or vehicle storage services to any prescribed service. 2021, c. 26, Sched. 3, s. 29 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 29 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 20) Restrictions on inducements 29 (1) No person shall, directly or indirectly, give or receive or offer to give or receive anything in consideration of the furnishing of information or advice given in respect of the occurrence of a collision or the presence of a motor vehicle that requires towing, for the purpose of, (a)  obtaining work providing towing services or vehicle storage services; or (b)  enabling any other person to obtain work providing towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 20. Same (2) No person shall, directly or indirectly, give or receive or offer to give or receive anything in consideration of the furnishing of information or advice given in respect of, (a)  the repair, appraisal or wrecking of a motor vehicle; or (b)  the referral of a person whose motor vehicle requires towing services or vehicle storage services to, (i)  a towing service, (ii)  a vehicle storage service, or (iii)  any other prescribed service. 2023, c. 9, Sched. 36, s. 20. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 20 - 01/01/2024 Restrictions on referrals 30 (1) Subject to subsection (2), no certificate holder shall refer a person whose motor vehicle requires towing services or vehicle storage services to any person or entity in relation to a service referred to in subsection 29 (2). 2021, c. 26, Sched. 3, s. 30 (1). Same (2) A certificate holder may refer a person whose motor vehicle requires towing services or vehicle storage services to a person or entity in relation to a service referred to in clause 29 (2) (a), if the person requests the referral. 2021, c. 26, Sched. 3, s. 30 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 30 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 20) Restrictions on referrals 30 (1) Subject to subsection (2), no person shall refer a person whose motor vehicle requires towing services or vehicle storage services to any person or entity in relation to a service referred to in subsection 29 (2). 2023, c. 9, Sched. 36, s. 20. Same (2) A tow truck driver, tow operator or vehicle storage operator may refer a person whose motor vehicle requires towing services or vehicle storage services to a person or entity in relation to a service referred to in clause 29 (2) (a) or subclause 29 (2) (b) (i) or (ii) if the driver or operator has disclosed any interest in respect of the service to the person in accordance with subsection 31 (1). 2023, c. 9, Sched. 36, s. 20. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 20 – 01/01/2024 Disclosure of interest 31 (1) Every certificate holder who, directly or indirectly, has an interest in any of the following shall, in accordance with the regulations and with subsection (2), disclose to a person to whom the holder is providing towing services or vehicle storage services, as the case may be, and to any other prescribed person, the nature and extent of the interest: 1.  A vehicle storage yard facility to which the motor vehicle may be towed. 2.  Any other location to which the motor vehicle may be towed for repair, storage, appraisal or other similar purpose. 3.  Any person or entity to whom the holder refers the person to whom the holder is providing the services.
2021, c. 26, Sched. 3, s. 31 (1). No demand for payment before disclosure (2) The disclosure required to be made under subsection (1) must be made before the certificate holder charges for or demands any payment for any of the towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 31 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 31 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 20) Disclosure of interest 31 (1) Every tow truck driver, tow operator and vehicle storage operator who, directly or indirectly, has an interest in any of the following shall, in accordance with the regulations and with subsection (2), disclose to a person to whom the driver or operator is providing towing services or vehicle storage services, as the case may be, and to any other prescribed person, the nature and extent of the interest: 1.  A vehicle storage yard facility to which the motor vehicle may be towed. 2.  Any other location to which the motor vehicle may be towed for repair, storage, appraisal or other similar purpose. 3.  Any person or entity to whom the driver or operator refers the person to whom the driver or operator is providing the services. 2023, c. 9, Sched. 36, s. 20. No demand for payment before disclosure (2) The disclosure required to be made under subsection (1) must be made before the tow truck driver, tow operator and vehicle storage operator charges for or demands any payment for any of the towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 20. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 20 - 01/01/2024 Illegal charges Not payable 32 (1) An amount charged in contravention of or non-compliance with this Act or the regulations is not collectable or payable. 2021, c. 26, Sched. 3, s. 32 (1). Shall not be retained (2) No person shall demand, receive, accept or retain an amount charged or paid in contravention of or non-compliance with this Act or the regulations, and shall provide a refund of such an amount in accordance with the regulations. 2021, c. 26, Sched. 3, s. 32 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 32 (2) of the Act is amended by striking out “in accordance with the regulations”. (See: 2023, c. 9, Sched. 36, s. 21) May be recovered (3) Any amount that a person fails to refund under subsection (2) is recoverable by the person who made the payment in a court of competent jurisdiction. 2021, c. 26, Sched. 3, s. 32 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 21 - 01/01/2024 False information 33 (1) No certificate holder shall falsify any information or document that the holder is required to provide under this Act or any other prescribed Act. 2021, c. 26, Sched. 3, s. 33 (1). Same (2) No certificate holder shall assist or counsel any person who requests or receives towing services or vehicle storage services to falsify any information or document that the person requesting or receiving the services is required to provide under this Act or any other prescribed Act. 2021, c. 26, Sched. 3, s. 33 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 33 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) False information 33 (1) No person shall falsify any information or document that the person is required to provide under this Act or any other prescribed Act. 2023, c. 9, Sched. 36, s. 22. Same (2) No person shall assist or counsel any person who requests or receives towing services or vehicle storage services to falsify any information or document that the person requesting or receiving the services is required to provide under this Act or any other prescribed Act. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024 No coercion 34 (1) No person shall coerce, intimidate or threaten a person for the purpose of obtaining or seeking to obtain consent to towing services or vehicle storage services or into paying compensation for the services or for any related or ancillary services. 2021, c. 26, Sched. 3, s. 34 (1). Related conduct (2) No person shall coerce, intimidate or threaten any other person for the purpose of, (a)  obtaining work providing towing services or vehicle storage services; or (b)  preventing a certificate holder from obtaining work providing towing services or vehicle storage services.
2021, c. 26, Sched. 3, s. 34 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 34 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) No coercion 34 (1) No person shall coerce, intimidate or threaten a person for the purpose of obtaining or seeking to obtain consent to towing services or vehicle storage services or into paying compensation for the services or for any related or ancillary services. 2023, c. 9, Sched. 36, s. 22. Related conduct (2) No person shall coerce, intimidate or threaten any other person for the purpose of, (a)  obtaining work providing towing services or vehicle storage services; or (b)  preventing the other person from obtaining work providing towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024 Information to be provided 35 (1) Every certificate holder shall, in accordance with the regulations, provide the prescribed information to persons requesting or receiving towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 35 (1). Same (2) Every certificate holder shall, in accordance with the regulations, post or display the prescribed information. 2021, c. 26, Sched. 3, s. 35 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 35 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) Information to be provided 35 (1) Every tow truck driver, tow operator and vehicle storage operator shall, in accordance with the regulations, provide the prescribed information to persons requesting or receiving towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Same (2) Every tow truck driver, tow operator and vehicle storage operator shall, in accordance with the regulations, post or display the prescribed information. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024 Representations 36 (1) Every certificate holder shall comply with the prescribed requirements and standards respecting the making of representations to persons requesting or receiving towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 36 (1). Misrepresentation prohibited (2) No certificate holder shall make any representation, whether written, oral or implied, that is misleading, inaccurate or false in order to induce a person to consent to towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 36 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 36 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) Representations 36 (1) Every tow truck driver, tow operator and vehicle storage operator shall comply with the prescribed requirements and standards respecting the making of representations to persons requesting or receiving towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Misrepresentation prohibited (2) No person shall make any representation, whether written, oral or implied, that is misleading, inaccurate or false in order to induce a person to consent to towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024 Complaints 37 (1) The Director may, (a)  receive complaints concerning conduct that may be in contravention of or non-compliance with this Act or the regulations; (b)  make written requests to certificate holders for information regarding complaints; (c)  attempt to resolve complaints concerning any conduct that comes to the Director’s attention that may be in contravention of or non-compliance with this Act or the regulations, or refer such complaints to a prescribed complaint resolution process to be dealt with in accordance with the regulations; and (d)  if the Director is of the opinion that a certificate holder has contravened or failed to comply with this Act or the regulations, impose a prescribed sanction or take any other prescribed action, as the Director considers appropriate, in accordance with the regulations.
2021, c. 26, Sched. 3, s. 37 (1). Request for information (2) A request under clause (1) (b) shall indicate the nature of the complaint. 2021, c. 26, Sched. 3, s. 37 (2). Duty to comply (3) A certificate holder who receives a written request under clause (1) (b) shall provide the requested information to the Director. 2021, c. 26, Sched. 3, s. 37 (3). Prohibition, obstruction, etc. (4) No person shall hinder, obstruct or interfere with the review of a complaint, refuse to answer questions on relevant matters or provide information on matters relevant to the complaint that the person knows to be false or misleading. 2021, c. 26, Sched. 3, s. 37 (4). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 37 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) Complaints 37 (1) The Director may, (a)  receive complaints concerning conduct that may be in contravention of or non-compliance with this Act or the regulations; (b)  make written requests to persons for information regarding complaints; (c)  attempt to resolve complaints concerning any conduct that comes to the Director’s attention that may be in contravention of or non-compliance with this Act or the regulations, or refer such complaints to a prescribed complaint resolution process to be dealt with in accordance with the regulations; and (d)  if the Director is of the opinion that a person has contravened or failed to comply with this Act or the regulations, impose a prescribed sanction or take any other prescribed action, as the Director considers appropriate, in accordance with the regulations. 2023, c. 9, Sched. 36, s. 22. Request for information (2) A request under clause (1) (b) shall indicate the nature of the complaint. 2023, c. 9, Sched. 36, s. 22. Duty to comply (3) A person who receives a written request under clause (1) (b) shall provide the requested information to the Director. 2023, c. 9, Sched. 36, s. 22. Prohibition, obstruction, etc. (4) No person shall hinder, obstruct or interfere with the review of a complaint, refuse to answer questions on relevant matters or provide information on matters relevant to the complaint that the person knows to be false or misleading. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024 Collision Scenes Restriction on provision of towing services at collision 38 (1) No tow driver’s certificate holder shall provide or offer to provide towing services, or park or stop a tow truck, on a highway within 200 metres of, (a)  the scene of a collision or apparent collision; or (b)  a motor vehicle involved in a collision. 2021, c. 26, Sched. 3, s. 38 (1). Exception (2) Subsection (1) does not apply with respect to a tow driver’s certificate holder who is at the scene of a collision at the request of a police officer, inspector or person involved in the collision. 2021, c. 26, Sched. 3, s. 38 (2). Restricted towing zones (3) Nothing in subsection (2) authorizes a tow driver’s certificate holder to provide or offer to provide services in a restricted towing zone if the tow certificate holder is not authorized to provide towing services in that zone. 2021, c. 26, Sched. 3, s. 38 (3). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 38 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) Collision Scenes Restriction on provision of towing services at collision 38 (1) No tow truck driver or tow operator shall provide or offer to provide towing services, or park or stop a tow truck, on a highway within 200 metres of, (a)  the scene of a collision or apparent collision; or (b)  a motor vehicle involved in a collision. 2023, c. 9, Sched. 36, s. 22. Exception (2) Subsection (1) does not apply with respect to a tow truck driver who is at the scene of a collision at the request of a police officer, inspector or person involved in the collision. 2023, c. 9, Sched. 36, s. 22. Restricted towing zones (3) Nothing in subsection (2) authorizes a tow truck driver or any other person with the care, charge or control of a tow truck to provide or offer to provide services in a restricted towing zone if the tow operator is not authorized to provide towing services in that zone. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 22 - 01/01/2024