Section 22: Regulations and fees, commercial motor vehicles

Ontario

Highway Traffic Act

Part II: Permits

a) prescribing standards and specifications for the use, operation and maintenance of commercial motor vehicles, or any class of them;

(b) prescribing methods of issuing CVOR certificates, including by electronic transmission, and governing the issue of CVOR certificates by such methods;

(c) classifying persons and vehicles and exempting any class of person or vehicle from section 16 and prescribing conditions for any such exemption;

(d) prescribing requirements, qualifications and standards for owners, operators and drivers of commercial motor vehicles, or any class of them, including requirements, qualifications and standards to obtain, renew and hold a CVOR certificate, and authorizing the Registrar to waive any requirements, qualifications or standards that are specified in the regulations under the circumstances specified in the regulations;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (1) (d) of the Act, as re-enacted by subsection 10 (2) of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, is repealed and the following substituted: (See: 2015, c. 27, Sched. 7, s. 10 (2))

(d) prescribing requirements, qualifications and standards for owners, operators and drivers of commercial motor vehicles or any class of them, or for any other person or class of persons, including requirements, qualifications and standards to obtain, renew and hold a CVOR certificate;

(d.0.1) prescribing standards and specifications for commercial motor vehicles, or any class of them, requiring the use of any equipment or other thing in commercial motor vehicles, or any class of them, and governing that use;

(d.0.2) governing the operation of commercial motor vehicles, or any class of them, including prescribing requirements, qualifications and standards for their operation and prescribing the duties of owners, operators, drivers and other persons, or any class of them, with respect to their operation;

(d.0.3) requiring owners and operators of commercial motor vehicles, or any class of them, to carry insurance and governing that insurance, including prescribing the form, amount, nature, class, provisions and conditions of the insurance and requirements respecting the evidence of such insurance;

(d.1) prescribing reasons to refuse to issue, replace or renew a CVOR certificate for the purpose of subsection 17.0.2 (3);

(e) governing the suspension or cancellation of CVOR certificates under subsection 47 (1) or the imposition of a limitation on the fleet size operated under a CVOR certificate under subsection 47 (2);

(f) respecting documents and information to be filed with or supplied to the Ministry by owners, operators and drivers of commercial motor vehicles, prescribing the time or times or circumstances when such information is to be provided, governing the form and manner in which such information must be provided and, with respect to owners who are applicants for a CVOR certificate and operators, requiring the information prior to the issuance or renewal of CVOR certificates or as a condition of retention of CVOR certificates;

(f.1) prescribing and governing documents and records to be kept by owners, operators and drivers of commercial motor vehicles, or any class of them, and governing the retention of such documents and records;

(g) prescribing documents for the purpose of clause 16 (3) (c) and prescribing whether each prescribed document may or must be carried in its original form or as a copy;

(h) prescribing the method for determining an operator's safety record;

(i) prescribing the method for assigning safety ratings to operators;

(i.1) requiring specified classes of owners and operators to install or to carry in their commercial motor vehicles, or in some of their commercial motor vehicles, as specified in the regulation, a device that is capable of recording and transmitting data about the operation of the vehicle and the conduct of the driver, prescribing standards and specifications for the device and requiring and governing its use;

(j) providing for the reciprocal recognition of safety ratings, safety records and similar records of territories, other provinces and states of the United States of America;

(k) governing the expiry of CVOR certificates, including establishing classes of CVOR certificate holders and providing different expiry dates, or different methods of determining expiry dates, for CVOR certificates held by different classes of holders;

(l) prescribing methods of giving notice and governing the giving of notice by those methods, including prescribing rules governing when notice is deemed to have been received;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (1) of the Act is amended by adding the following clause: (See: 2015, c. 27, Sched. 7, s. 10 (4))

(l.1) authorizing the Registrar, in specified circumstances, to waive any requirement, qualification, standard or specification in the regulations made under clause (d), (d.0.1) or (d.0.2);

(m) exempting any class of owners, operators, drivers or vehicles from any requirement of sections 16 to 23 or of a regulation made under this subsection, and prescribing circumstances and conditions for any such exemption. R.S.O. 1990, c. H.8, s. 22; 1996, c. 33, s. 6 (1-3); 2002, c. 18, Sched. P, s. 9 (1-4); 2014, c. 9, Sched. 2, s. 10; 2015, c. 27, Sched. 7, s. 10 (1, 3).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (1) (m) of the Act, as enacted by subsection 10 (4) of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, is amended by striking out "sections 16 to 23" and substituting "sections 16 to 22" (See: 2015, c. 27, Sched. 7, s. 10 (5))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (1) of the Act is amended by adding the following clause: (See: 2015, c. 27, Sched. 7, s. 10 (6))

(n) prescribing and governing transition rules to address the transportation services governed by Part X.2 before its repeal, including exemptions from any provision of this Act or of a regulation made under this section for a specified period of time or until a specified event occurs.

Fees

(2) The Registrar may set fees, subject to the approval of the Minister, for the issuance, renewal and replacement of CVOR certificates. 1996, c. 33, s. 6 (4).

Same

(3) Subject to the approval of the Minister, the Registrar may exempt any class of persons from the requirement to pay a fee set under subsection (2). 2002, c. 18, Sched. P, s. 9 (5).

© 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.