jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) No person shall, except under the authority of a tow certificate and in accordance with this Act and the regulations, (a)  provide or offer to provide towing services; or (b)  hold themself out as a tow operator. Provision of towing services (2) For the purposes of subsection (1), a person provides towing services regardless of whether the person provides the services by employing or engaging a tow truck driver to drive a tow truck that the person owns or operates or whether the person drives such a tow truck themself. Same (3) For greater certainty, subsection (1) does not apply with respect to a person who drives a tow truck only on behalf of a tow operator.
3 No person shall, except under the authority of a tow driver’s certificate and in accordance with this Act and the regulations, (a)  drive a tow truck to provide towing services; or (b)  hold themself out as a tow truck driver. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024
4 No person shall, except under the authority of a vehicle storage certificate and in accordance with this Act and the regulations, (a)  provide or offer to provide vehicle storage services; or (b)  hold themself out as a vehicle storage operator. Certificates
5 (1) The Director may, subject to subsection (3), issue a tow certificate, tow driver’s certificate or vehicle storage certificate to an applicant, if the Director is satisfied that the applicant meets the qualifications and requirements prescribed for the certificate. Renewal (2) The Director may, subject to subsection (3), renew a certificate if the Director is satisfied that the holder meets the qualifications and requirements prescribed for the certificate. No issuance or renewal despite qualification (3) Regardless of whether an applicant or certificate holder meets the prescribed qualifications and requirements for a certificate, the Director, (a)  shall refuse to issue or renew the certificate in the prescribed circumstances; and (b)  may refuse to issue or renew the certificate, (i)  if the applicant or holder owes an outstanding fee, fine or administrative penalty, or any interest or penalty in respect of such a fee, fine or penalty, under this Act, the Highway Traffic Act or the Provincial Offences Act, (ii)  if the Director determines that a prescribed circumstance applies, or (iii)  for any prescribed reason. One certificate only (4) No person may hold, (a)  more than one tow certificate; (b)  more than one tow driver’s certificate; or (c)  more than one vehicle storage certificate. Certificate not transferable (5) A certificate is not transferable or assignable. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024
6 (1) The Director may, in issuing a certificate, attach to it any condition that the Director considers appropriate, including an expiry date. Deemed conditions (2) Every certificate is deemed to contain the following conditions: 1.  The certificate holder is required to take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that is being towed, is being held in a vehicle storage yard facility or is otherwise under the certificate holder’s control. 2.  Any other prescribed condition. Variation of conditions (3) The Director may, at any time and as the Director considers appropriate, amend a certificate by, (a)  varying a condition attached to the certificate, other than a condition listed under subsection (2); (b)  attaching a condition prescribed for the purposes of this subsection to the certificate; or (c)  removing a condition from the certificate, other than a condition listed under subsection (2). Compliance (4) A certificate holder shall comply with the conditions to which the certificate is subject.
7 (1) The Director may suspend or cancel a certificate, (a)  if the Director is satisfied that the holder no longer meets the qualifications and requirements prescribed for the certificate; (b)  if the holder has contravened or failed to comply with this Act or the regulations; (c)  if the payment of a fee for the issuance or renewal of the certificate has been dishonoured; (d)  if the Director is satisfied that there are reasonable grounds to believe that the holder is not carrying out activities under the certificate with honesty and integrity; (e)  for any prescribed reason; or (f)  for any other sufficient reason. 2021, c. 26, Sched. 3, s. 7 (1); 2023, c. 9, Sched. 36, s. 3. Automatic suspension of tow driver’s certificate (2) If the driver’s licence of a holder of a tow driver’s certificate is cancelled, suspended or otherwise ceases to be in force under any Act or other law, the tow driver’s certificate is suspended. 2021, c. 26, Sched. 3, s. 7 (2). Reinstatement (3) The Director may lift a suspension of a tow driver’s certificate under subsection (2) if the driver’s licence is reinstated. 2021, c. 26, Sched. 3, s. 7 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 3 - 01/07/2023
8 Refusals to issue or renew a certificate and suspensions and cancellations of a certificate shall be subject to the prescribed procedures, including any requirements specified by the regulations that the Director give notice of a refusal, suspension or cancellation. 2021, c. 26, Sched. 3, s. 8; 2023, c. 9, Sched. 36, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 4 - 01/07/2023
9 (1) If the regulations so provide, one or more of the following decisions, as specified by the regulations and subject to any prescribed exceptions, may be appealed to the prescribed person or entity by the applicant or certificate holder in accordance with the regulations: 1.  A decision to refuse to issue a certificate. 2.  A decision to refuse to renew a certificate. 3.  A decision to suspend a certificate. 4.  A decision to cancel a certificate. 5.  A decision to amend a certificate under subsection 6 (3). 6.  Any other decision of the Director specified by the regulations. 2021, c. 26, Sched. 3, s. 9 (1); 2023, c. 9, Sched. 36, s. 5. No stay (2) Except as otherwise provided by the regulations, an appeal does not operate as a stay of the decision. 2021, c. 26, Sched. 3, s. 9 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 5 - 01/07/2023
10 A person shall respond promptly to any inquiries from the Director for information relating to the person’s eligibility to hold a certificate. Provision of Towing Services and Vehicle Storage Services
11 (1) Every tow operator shall, in providing or offering to provide towing services, (a)  comply with the prescribed requirements and standards respecting the provision of towing services that are applicable to the operator; and (b)  ensure that every person 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 towing services. 2021, c. 26, Sched. 3, s. 11 (1); 2023, c. 9, Sched. 36, s. 6 (2). Employment, engagement of tow truck drivers (2) No tow operator shall employ or engage a person as a tow truck driver unless the person is the holder of a valid tow driver’s certificate. 2021, c. 26, Sched. 3, s. 11 (2); 2023, c. 9, Sched. 36, s. 6 (1). Tow truck requirements (3) Every tow operator shall ensure that every tow truck it uses to provide towing services meets the prescribed requirements, has the prescribed equipment and is inspected and maintained in accordance with the regulations. 2021, c. 26, Sched. 3, s. 11 (3); 2023, c. 9, Sched. 36, s. 6 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 6 (1, 2) - 01/07/2023
12 Every tow truck driver shall comply with the prescribed requirements and standards respecting the provision of towing services that are applicable to the tow truck driver. 2023, c. 9, Sched. 36, s. 7. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 7 - 01/07/2023
13 On the demand of a police officer or inspector, a tow truck driver or any other person with the care, charge or control of a tow truck shall surrender the prescribed documents for inspection and furnish the prescribed information to the police officer or inspector. 2021, c. 26, Sched. 3, s. 13; 2023, c. 9, Sched. 36, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 8 - 01/07/2023
14 (1) A police officer or inspector may detain a tow truck if the police officer or inspector is satisfied that a person was driving a tow truck on a highway at a time when, (a)  the person did not hold a valid tow driver certificate; or (b)  the tow operator of the tow truck did not hold a valid tow certificate. 2023, c. 9, Sched. 36, s. 9. Same (2) A tow truck detained under subsection (1) shall, at the cost and risk of the tow operator, (a)  be removed to a vehicle storage yard facility as directed by a police officer or inspector; and (b)  be impounded for seven days from the time it was detained. 2023, c. 9, Sched. 36, s. 9. Application of impoundment rules (3) Except as otherwise provided by the regulations, subsections 55.2 (2) to (18) of the Highway Traffic Act apply, with the prescribed and any other necessary modifications, with respect to the impounding of a tow truck under subsection (2). 2023, c. 9, Sched. 36, s. 9. Intent of impoundment (4) The impoundment of a tow truck under this section is intended to promote compliance with this Act and the regulations and to safeguard the public, and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2023, c. 9, Sched. 36, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 9 - 01/07/2023
47 (1) Except as provided by the regulations, if a tow truck driver or any other person with the care, charge or control of the tow truck is subject to be charged with an offence under this Act, the tow operator of the tow truck may be charged with and convicted of the offence unless, at the time of the offence, the tow truck was in the possession of that person without the tow operator’s consent. Penalty (2) On conviction for an offence under subsection (1), the tow operator is liable to the penalty specified by this Act for the offence. Limitation (3) Despite subsection (2), the tow operator is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction.
48 A judge, provincial judge or justice of the peace who makes a conviction in respect of an offence under this Act, or the clerk of the court in which the conviction is made, shall promptly notify the Director of the conviction, together with any other information that the Director may require. Director of Towing and Vehicle Storage Standards
49 The Minister may appoint a Director of Towing and Vehicle Storage Standards for the purposes of this Act.
50 (1) The Director shall keep records, in the form the Director considers appropriate, of the following information: 1.  All certificates issued, renewed, suspended or cancelled under this Act. 2.  All administrative penalties imposed under this Act. 3.  All convictions for offences under this Act. 4.  All convictions of a certificate holder under any other prescribed Act or under a prescribed provision of any other Act. 5.  All collisions and incidents described in subsection 18 (3) that are reported to the Director under that subsection or that otherwise come to the Director’s attention. 6.  All prescribed information. 2021, c. 26, Sched. 3, s. 50 (1); 2023, c. 9, Sched. 36, s. 25. Same (2) The Director shall ensure that records kept under subsection (1) are updated and corrected as required so that they are accurate.
2021, c. 26, Sched. 3, s. 50 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 25 - 01/07/2023
51 The Director may make the names of tow operators and vehicle storage operators, and any other information respecting them that the Director thinks should be publicly known, available to the public in the manner that the Director considers appropriate. 2023, c. 9, Sched. 36, s. 26. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 26 - 01/07/2023 Collection and disclosure of information
52 (1) The Director may request and collect information from any public body or related government, as the Director considers appropriate, if the Director considers it necessary for a prescribed purpose. Disclosure by Director (2) The Director may disclose information to any public body or related government, as the Director considers appropriate, if the Director considers it necessary for a prescribed purpose. Disclosure to Director (3) On receipt of a request for information from the Director under subsection (1), a public body shall disclose to the Director any information from their records that may assist the Director with a prescribed purpose. Deemed compliance with privacy legislation (4) Any disclosure of information under this section is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act. Notice under privacy legislation (5) Any collection by a public body of personal information, as defined in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, disclosed to the public body under this section, is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act
and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act. Otherwise authorized collection or disclosure (6) The authority to collect and disclose information under this section is in addition to any other authority under this or any other Act for the Director to collect and disclose information. Definitions (7) In this section, “public body” means, (a)  any ministry, agency, board, commission, official or other body of the Government of Ontario, (b)  any municipality in Ontario, (c)  a local board, as defined in subsection 1 (1) of the Municipal Act, 2001, or (d)  a prescribed person or entity; (“organisme public”) “related government” means, (a)  the Government of Canada and the Crown in right of Canada, and any ministry, agency, board, commission or official of either of them, or (b)  the government of any other province or territory of Canada, and any ministry, agency, board, commission or official of any of them. (“gouvernement lié”) Inspectors and Inspections
53 (1) The Director may appoint one or more persons as inspectors for the purpose of ensuring compliance with this Act and the regulations, and shall issue to every inspector written proof of the appointment. Proof of appointment (2) Every inspector, in the execution of the inspector’s powers and duties under this Act, shall produce the proof of appointment on request. Common law constable (3) A person appointed as an inspector is a constable at common law for the purpose of executing an inspector’s powers and duties under this Act.
55 The Director may require that forms approved by the Director be used for any purpose under this Act.
56 (1) Anything that the Director is required or authorized to do or provide under this Act may be done or provided by electronic means or in an electronic format. Same (2) Anything that any person is required or authorized to do or provide to the Director 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 Director. Requirements, electronic format (3) If the regulations so provide, the prescribed documents shall be kept in or converted into electronic format in accordance with the regulations. Definition, “documents” (4) For the purposes of subsection (3), “documents” includes a photograph.
57 Where notice is required or permitted under this Act to be given or delivered to, or served on, a person, the notice shall be given, delivered or served in accordance with the regulations, and is deemed to have been received in accordance with the regulations.
58 (1) A copy of any document, as defined in subsection 56 (4), that is filed or kept under this Act, or any statement containing information from the records required or authorized to be kept under this Act, that purports to be certified by the Director under the seal of the Ministry as being a true copy of the original, (a)  shall be received in evidence in all courts without proof of the seal, the Director’s signature or the manner of preparing the copy or statement; and (b)  is proof, in the absence of evidence to the contrary, of the facts contained in the copy or statement. Director’s signature (2) The Director’s signature may be an original signature or an engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature. Ministry seal (3) The seal of the Ministry may be affixed by impressions or may be an engraved, lithographed, printed or otherwise mechanically or electronically reproduced seal or facsimile of a seal. Signature and seal only required on first page (4) The Director’s signature need only be on the first page of the copy or statement. Same (5) The seal of the Ministry need only be on the first page of the copy or statement if the following pages are sequentially numbered, by hand or otherwise; if the pages following the first page are not sequentially numbered, the seal must be on each page. Electronic filing in court (6) A copy or statement described in subsection (1) may be filed in a court by direct electronic transmission in accordance with the regulations.
59 If payment for any fee required under this Act to be paid is dishonoured, interest at a prescribed rate may be charged on the amount of the payment, and a prescribed penalty may be imposed. Note: Section 60 of this Act comes into force on January 1, 2024, the day
named by proclamation of the Lieutenant Governor. Conflict, Repair and Storage Liens Act 60 In the event of a conflict respecting towing services or vehicle storage services between this Act or the regulations made under this Act and the Repair and Storage Liens Act or the regulations made under that Act, this Act and the regulations made under this Act prevail.
61 (1) No action or other proceeding for damages shall be commenced against the Minister, a delegate or agent of the Minister, an inspector, a public servant or the Director for anything done in good faith in the exercise or performance or intended exercise or performance of the person’s powers or duties under this Act, or for any alleged neglect or default in the exercise or performance in good faith of those powers and duties. 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 to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).
62 This Act binds the Crown.
63 (1) This Act and the regulations apply with respect to towing services or vehicle storage services that start being provided on or after the day this subsection comes into force. Same (2) Except as otherwise provided by the regulations, this Act and the regulations apply with respect to towing services or vehicle storage services that started being provided before the day this subsection came into force, if the applicable vehicle is still in the possession or under the care, charge or control of the tow operator or vehicle storage operator. Regulations