Section 21: Offences, commercial motor vehicles

Ontario

Highway Traffic Act

Part II: Permits

(1) Every person who contravenes subsection 16 (3) or (4) or section 20 or a regulation made under subsection 22 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2014, c. 9, Sched. 2, s. 8.

Idem

(2) Every person who contravenes subsection 16 (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 21 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 21 of the Act is amended by adding the following subsection: (See: 2015, c. 27, Sched. 7, s. 9)

Same

(2.1) Every person who contravenes subsection 16 (2.1) is guilty of an offence and on conviction is liable to a fine of not more than $2,000. 2015, c. 27, Sched. 7, s. 9.

Same

(3) Every person who contravenes or fails to comply with a term or condition of a CVOR certificate issued to the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. 1996, c. 33, s. 5.

Same

(4) Every person who provides, uses or permits the use of a fictitious, altered or fraudulently obtained CVOR certificate, or improperly uses a CVOR certificate, is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both. 2002, c. 18, Sched. P, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2014, c. 9, Sched. 2, ss. 9, 47)

Administrative penalties

Purpose

21.1 (1) An administrative penalty may be imposed under this section in order to promote compliance with this Act and the regulations. 2014, c. 9, Sched. 2, s. 9.

Order imposing administrative penalties

(2) If a prescribed authorized person is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a prescribed provision of this Act or of the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2014, c. 9, Sched. 2, s. 9.

May only be imposed on prescribed persons

(3) An administrative penalty may only be imposed on a person who belongs to a prescribed class. 2014, c. 9, Sched. 2, s. 9.

May be imposed with other measures

(4) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act; however, an administrative penalty may not be imposed if the person is charged with an offence under this Act in respect of the same contravention or failure to comply. 2014, c. 9, Sched. 2, s. 9.

Limitation

(5) An administrative penalty may only be imposed within the prescribed time period. 2014, c. 9, Sched. 2, s. 9.

No right to be heard

(6) There is no right to be heard before an order imposing an administrative penalty is made. 2014, c. 9, Sched. 2, s. 9.

Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, the French version of subsection 21.1 (6) of the Act is amended. (See: 2019, c. 8, Sched. 1, s. 6 (1))

Appeal

(7) A person who is subject to an order imposing an administrative penalty may, in accordance with the regulations, appeal the order to a person prescribed for the purpose of this subsection and the prescribed person may confirm, vary or set aside the order. 2014, c. 9, Sched. 2, s. 9.

Same

(8) An appeal commenced under subsection (7) operates as a stay of the order until the matter is finally disposed of. 2014, c. 9, Sched. 2, s. 9.

Parties to judicial review

(9) The parties to any judicial review brought in respect of this section are the Registrar and the person subject to the order imposing an administrative penalty. 2014, c. 9, Sched. 2, s. 9.

Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subsection 21.1 (9) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 6 (2))

Parties to judicial review

(9) The parties to any judicial review brought in respect of this section are,

(a) the person subject to the order imposing an administrative penalty;

(b) the Registrar; and

(c) where applicable, the municipality that employed the prescribed authorized person who imposed the administrative penalty under subsection (2) and the municipality that employed the person prescribed for the purpose of subsection (7). 2019, c. 8, Sched. 1, s. 6 (2).

Maximum administrative penalty

(10) An administrative penalty shall not exceed $20,000 or such lesser amount as may be prescribed. 2014, c. 9, Sched. 2, s. 9.

Enforcement

(11) If a person fails to pay an administrative penalty in accordance with the terms of the order imposing the penalty, the Minister may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court. 2014, c. 9, Sched. 2, s. 9.

Same

(12) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order. 2014, c. 9, Sched. 2, s. 9.

Same

(13) An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such. 2014, c. 9, Sched. 2, s. 9.

Regulations

(14) The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under this section and, without limiting the generality of the foregoing, may make regulations,

(a) prescribing authorized persons for the purpose of subsection (2);

(b) prescribing provisions of this Act and of the regulations for the purpose of subsection (2);

(c) prescribing classes of persons who may be subject to an order under subsection (2);

(d) prescribing persons for the purpose of subsection (7);

(e) prescribing the amount of a penalty, or method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;

(f) authorizing a person prescribed under clause (a) to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection (2), including prescribing that the criteria may include aggravating or mitigating factors;

(g) authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues;

(h) authorizing higher penalties (not to exceed the maximum penalty established under subsection (10) or prescribed under clause (k)) for a second or subsequent contravention or failure to comply;

(i) governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Registrar to approve a plan of periodic payments that extends beyond the deadline;

Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, clause 21.1 (14) (i) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 6 (3))

(i) governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Registrar or a prescribed person to approve a plan of periodic payments that extends beyond the deadline, and prescribing such persons;

(j) authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;

(k) prescribing a lesser maximum penalty and the provisions of this Act or of the regulations to which the lesser maximum penalty applies for the purpose of subsection (10);

Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subsection 21.1 (14) of the Act is amended by adding the following clause: (See: 2019, c. 8, Sched. 1, s. 6 (4))

(k.1) governing whether a prescribed portion of a penalty paid shall be credited to the victims' justice fund account continued under subsection 5 (1) of the Victims' Bill of Rights, 1995;

(l) prescribing and governing procedures for making and serving an order under this section, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario;

(m) governing the appeal of an order under subsection (7), including,

(i) establishing procedures for commencing and conducting an appeal,

(ii) establishing time limits for the stages of an appeal and authorizing the person prescribed under clause (d) to extend any time limit,

(iii) prescribing that the appeal must or may be conducted orally, electronically or in writing or authorizing the person prescribed under clause (d) to make that determination,

(iv) prescribing fees to be paid to commence an appeal, and

Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subclause 21.1 (14) (m) (iv) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 6 (5))

(iv) prescribing fees to be paid to commence an appeal or providing that the fees may be established by the municipality that employs the person prescribed for the purpose of subsection (7), and

(v) establishing criteria to be considered and criteria not to be considered by the person prescribed under clause (d) when determining whether to confirm, vary or set aside an order. 2014, c. 9, Sched. 2, s. 9.

Note: On the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force, subsection 21.1 (14) of the Act is amended by adding the following clauses: (See: 2019, c. 8, Sched. 1, s. 6 (6))

(n) where municipalities or persons employed by municipalities are prescribed under clause (a) or (d), governing the manner and means by which the municipalities may do anything to give effect to this section, including impose a penalty, conduct an appeal, collect payments and provide information to the Ministry;

(o) providing for anything necessary or advisable for carrying out the intent and purposes of this section.

© 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.