Section 47: Suspension and cancellation of licence, etc., general

Ontario

Highway Traffic Act

Part IV: Licenses

(1) Subject to section 47.1, the Registrar may suspend or cancel,

(a) the plate portion of a permit as defined in Part II;

(b) a driver's licence; or

(c) a CVOR certificate, on the grounds of,

(d) misconduct for which the holder is responsible, directly or indirectly, related to the operation or driving of a motor vehicle;

(e) conviction of the holder for an offence referred to in subsection 210 (1) or (2);

(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or

(g) any other sufficient reason not referred to in clause (d), (e) or (f). R.S.O. 1990, c. H.8, s. 47 (1); 1996, c. 33, s. 7 (1, 2); 2014, c. 9, Sched. 2, s. 15 (1).

Restriction

(2) As an alternative to a suspension or cancellation under subsection (1), the Registrar may, subject to section 47.1, restrict the number of commercial motor vehicles that may be operated by a holder of a CVOR certificate during the period that the Registrar stipulates. R.S.O. 1990, c. H.8, s. 47 (2); 1996, c. 33, s. 7 (3).

Interpretation

(2.1) Subsection 17 (4) applies, with necessary modifications, for the purpose of determining who are related persons under clause (1) (f). 1996, c. 33, s. 7 (4).

Immediate suspension or cancellation of CVOR certificate

(2.2) The Registrar may by order provide that a suspension or cancellation of a CVOR certificate or of a plate portion of a permit under subsection (1) is of immediate effect if the Registrar has reason to believe that,

(a) the CVOR certificate holder's or plate holder's safety record or failure to comply with this or any other Act demonstrates a significant risk to road safety or to road users; and

(b) it is in the public interest that the operator immediately cease operating all commercial motor vehicles. 2014, c. 9, Sched. 2, s. 15 (2).

Same

(2.3) A CVOR certificate holder who is subject to an order described in subsection (2.2) shall immediately, in accordance with the order and any regulations, cease to operate any commercial motor vehicle. 2014, c. 9, Sched. 2, s. 15 (2).

New permit not to be issued

(3) A person whose permit is under suspension or is cancelled under this section is not entitled to be issued a plate portion of a permit while the permit is under suspension or is cancelled. 2002, c. 18, Sched. P, s. 15 (1).

New licence not to be issued

(3.1) A person whose licence is under suspension or is cancelled under this section is not entitled to be issued a licence while the licence is under suspension or is cancelled. 2002, c. 18, Sched. P, s. 15 (1).

New CVOR certificate not to be issued

(3.2) A person whose CVOR certificate is under suspension under this section or is revoked under section 17.0.1 is not entitled to be issued a CVOR certificate while the CVOR certificate is under suspension or is revoked. 2002, c. 18, Sched. P, s. 15 (1).

Same

(3.3) A person whose CVOR certificate has been cancelled under this section is never entitled to be issued a CVOR certificate. 2002, c. 18, Sched. P, s. 15 (1).

Fleet limitation certificates

(4) Where a restriction is imposed under subsection (2), the Registrar shall issue to the holder of the CVOR certificate fleet limitation certificates in a number equal to the number of vehicles permitted to be operated. R.S.O. 1990, c. H.8, s. 47 (4).

Offence

(5) Every person whose permit for a motor vehicle is suspended or cancelled and who, while prohibited from having such a motor vehicle registered in their name, applies for or procures the issue of or has possession of the plate portion of a permit for a motor vehicle issued to them is guilty of an offence and on conviction is liable,

(a) to a fine of not less than $60 and not more than $500 where the vehicle is not a commercial motor vehicle; or

(b) to a fine of not less than $200 and not more than $2,000 where the vehicle is a commercial motor vehicle, or to imprisonment for a term of not more than thirty days, or to both a fine and imprisonment. R.S.O. 1990, c. H.8, s. 47 (5); 1996, c. 33, s. 7 (5).

Same

(6) Every person whose licence is suspended or cancelled and who, while prohibited from driving a motor vehicle, applies for or procures the issue of or has possession of any portion of a licence issued to him or her, other than a licence card that has been marked by the Ministry as valid only to show the driver's photograph, is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and to imprisonment for a term of not more than 30 days. 2008, c. 17, s. 36.

Same

(7) Every person whose CVOR certificate is suspended or cancelled who applies for or procures the issue of a CVOR certificate to themself is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $2,000 or to imprisonment for a term of not more than thirty days, or to both. R.S.O. 1990, c. H.8, s. 47 (7); 1996, c. 33, s. 7 (6); 2002, c. 18, Sched. P, s. 15 (2).

Same

(8) Every person,

(a) in respect of whom a restriction is imposed under subsection (2) who operates a commercial motor vehicle in which a valid fleet limitation certificate is not carried; or

(b) who operates a commercial motor vehicle without a permit or certificate or when their permit or certificate is under suspension, is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 47 (8); 1996, c. 33, s. 7 (7).

Power to seize number plates

(8.1) If the plate portion of a permit is suspended or cancelled under clause (1) (a), the Registrar may order that the plate portion of the permit or the number plates issued in connection with the plate portion of the permit be seized and any police officer or officer appointed for carrying out this Act may seize the plate portion of the permit and the number plates and deliver them to the Ministry. 1996, c. 33, s. 7 (8).

Definition

(9) For the purposes of this section and section 47.1, “operator” has the same meaning as in subsection 16 (1). 2014, c. 9, Sched. 2, s. 15 (4).

Power to seize out-of-province permits and plates

(10) The Registrar may, at any time, for misconduct or contravention of this Act or the Public Vehicles Act or of any regulation thereunder by an owner or lessee of one or more motor vehicles or trailers for which permits have been issued by a jurisdiction or jurisdictions other than the Province of Ontario, order that the permit and number plates issued for the vehicle or vehicles be seized. 2002, c. 18, Sched. P, s. 15 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47 (10) of the Act is amended by striking out "or the Public Vehicles Act or of any regulation thereunder" and substituting "or any regulation". (See: 2020, c. 34, Sched. 23, s. 7 (10))

Same

(11) Any police officer or officer appointed for carrying out this Act or for the enforcement of the Public Vehicles Act may seize the permit and number plates pursuant to an order under subsection (10) and deliver them to the Ministry, which shall return them to the authority that issued them. 2002, c. 18, Sched. P, s. 15 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 47 (11) of the Act is amended by striking out "or for the enforcement of the Public Vehicles Act". (See: 2020, c. 34, Sched. 23, s. 7 (11))

Regulations

(12) The Lieutenant Governor in Council may make regulations governing the ceasing of operations by CVOR certificate holders who are subject to an order described in subsection (2.2). 2014, c. 9, Sched. 2, s. 15 (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.