Section 17.1 Safety ratings, commercial motor vehicle operators

Ontario

Highway Traffic Act

Part II: Permits

(1) The Registrar shall assign a safety rating to every operator in accordance with the regulations. 1996, c. 33, s. 3.

Notice of rating to operator

(2) Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operator's safety rating, he or she shall notify the operator of the proposed rating. 2015, c. 27, Sched. 7, s. 7 (1).

Methods for giving notice

(3) Notice under subsection (2) is sufficiently given if,

(a) it is delivered personally to the operator;

(b) it is delivered by courier to the operator;

(c) it is sent by mail to the operator at the latest address provided by the operator to the Ministry;

(d) it is sent by fax to the operator at the latest fax number provided by the operator to the Ministry; or

(e) it is sent by another electronic means of transmission prescribed by regulation in accordance with the regulations. 2015, c. 27, Sched. 7, s. 7 (1).

Operator may dispute first or changed rating

(4) An operator may, within 30 days after being notified under subsection (2), submit to the Registrar documents, records and written submissions that may show cause why the Registrar should not assign the proposed safety rating to the operator. 1996, c. 33, s. 3.

Registrar to confirm or change safety rating

(5) Upon the expiration of the 30-day period referred to in subsection (4) and consideration of any documents, records and submissions submitted under that subsection, the Registrar shall assign to the operator the proposed safety rating or a different rating. 1996, c. 33, s. 3.

Written hearing

(6) Despite the Statutory Powers Procedure Act, the Registrar shall consider the matter under subsection (5) by means of a written hearing unless the Registrar agrees to an oral or electronic hearing. 1996, c. 33, s. 3.

Parties, privacy

(7) The Registrar and the operator whose safety rating is under dispute are the only parties to the hearing and, unless they otherwise agree, the hearing shall be closed to the public. 1996, c. 33, s. 3.

No appeal

(8) The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom. 1996, c. 33, s. 3.

Available to the public

(9) The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate. 1996, c. 33, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 17.1 (9) of the Act is repealed and the following substituted: (See: 2015, c. 27, Sched. 7, s. 7 (2))

Available to the public

(9) The Registrar shall make the safety ratings of operators, and any other information respecting operators that he or she thinks should be publicly known, available to the public in the manner that the Registrar considers appropriate. 2015, c. 27, Sched. 7, s. 7 (2).

Protection from personal liability

(10) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section. 1996, c. 33, s. 3.

Crown not relieved of liability

(11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject. 1996, c. 33, s. 3; 2019, c. 7, Sched. 17, s. 88 (2).

Regulations

(12) The Lieutenant Governor in Council may make regulations,

(a) prescribing other electronic means of transmission for giving notice;

(b) governing the giving of notice by mail, fax or a means of transmission prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received. 2015, c. 27, Sched. 7, s. 7 (3).

© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.