Registrar to issue licences
4. (1)Operating licences shall be issued by the Registrar in accordance with this Act and the regulations. Special licences (2)The Registrar may issue an operating licence containing a class of operating authority that is, (a) a single-source authority authorizing the licensee to provide, (i) commercial vehicles of which the licensee is the owner or lessee, and (ii) drivers for the vehicles referred to in subclause (i), under one or more contracts; or (b) an owner-driver authority authorizing the licensee to provide, (i) one commercial vehicle of which the licensee is the owner or lessee, and (ii) a driver for the vehicle referred to in subclause (i), under one contract at any given time. Limit on authorities (3)No person shall hold, (a) more than one owner-driver authority at the same time; or (b) an owner-driver authority and a single-source authority other than a single-source authority granted under section 8. Special authority (4)The Registrar, where it is in the public interest to do so, may grant a special authority to any licensee which, for the purpose of subsection 3 (1), shall be deemed to be part of that licensee’s operating licence, subject to the conditions set out in the special authority, for seven days or such shorter time as is set out in the special authority. Subject to limitations (5)When granting an operating authority, when there has been a public interest test hearing conducted by the Board wherein the issue of provincial interest has been raised under subsection 9 (5), the Registrar shall make the authority subject to such provisions and limitations as are recommended by the Board, but in no other circumstances may the Registrar make an authority subject to provisions and limitations other than as prescribed. Exception (6)Provisions or limitations imposed under subsection (5) shall not serve to limit the number of commercial vehicles operated under an operating authority except where the authority is, (a) a single-source authority; (b) an owner-driver authority; (c) granted after a hearing conducting a public interest test; or (d) for the carriage of road construction materials, and shall not be inconsistent with any provision in this Act or the regulations. Vehicle certificates limiting number of vehicles (7)The Registrar, (a) when granting an operating authority limiting the number of vehicles that may be operated under the authority; or (b) with respect to the holder of an operating authority for carriage of road construction materials issued under the Public Commercial Vehicles Act, being chapter 407 of the Revised Statutes of Ontario, 1980, shall issue vehicle certificates in a number not exceeding the number of vehicles permitted to be operated under the authority. Limit on vehicles under contract (8)No holder of a single-source authority or an owner-driver authority shall have more commercial vehicles under contract at any time than the number of vehicle certificates held under the authority. Vehicle certificate (9)A vehicle certificate shall state the relevant operating authority. Expiry (10)An operating licence may be issued to expire, (a) at the end of a specified term; (b) upon a specified day; or (c) upon the occurrence of a specified event. Notice of change (11)Where the name or address of a holder of an operating licence changes from that set out in the application for the licence or a previous notice of change, the holder shall file, with the Registrar, a notice of the change within fifteen days after the change. Ontario agent (12)Every licensee who does not maintain a place of business in Ontario shall designate and maintain a person resident in Ontario as an agent of the licensee for the purposes of this Act and to accept service for and on behalf of the licensee. Definition, contract (13)For the purpose of subsection (2), “contract” means a contract, for a period of at least thirty consecutive days, that gives the licensee the right to carry goods of the other party to the contract, which goods are under the control of the other party, and prohibits the licensee from using the vehicle specified in the contract from carrying goods on the licensee’s behalf or for a person who is not the other party to the contract. Compliance with Customs and Immigration (14)It is a condition of every operating licence that neither the holder thereof nor the driver of a public truck operated thereunder is in contravention of the Customs Act (Canada) and the Immigration Act (Canada) and the regulations made thereunder. Idem (15)The driver of a commercial motor vehicle registered in a jurisdiction other than a province or territory of Canada and operated under the authority of an operating licence shall carry documents indicating compliance with subsection (14), and subsection 22 (2) applies to such documents. R.S.O. 1990, c. T.22, s. 4.