Section 110.3: Suspension, etc., of special permit

Ontario

Highway Traffic Act

Part VII: Load and Dimensions

(1) The Registrar may suspend, refuse to renew, modify or cancel a permit issued under section 110.1 on the grounds of,

(a) breach of the conditions of the permit or of any other permit held by the holder under that section;

(b) false or incomplete information in the application for the permit or its renewal or for any other permit held by the holder under that section; or

(c) an outstanding fee in respect of the permit or any other permit held by the holder under that section, or an outstanding penalty or interest in respect of the fee. 2000, c. 26, Sched. O, s. 7.

Notice of proposed action

(2) Before taking an action under subsection (1), the Registrar shall notify the permit holder of the proposed action and give the holder an opportunity to make written submissions about the proposed action, and the holder has 15 days from actual or deemed receipt of the notice to make submissions. 2000, c. 26, Sched. O, s. 7.

Method of giving notice

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

(a) it is delivered by mail addressed to the permit holder at the latest address for the person appearing on the records of the Ministry;

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

(c) it is sent by other means prescribed by the regulations. 2000, c. 26, Sched. O, s. 7.

Same

(4) Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice,

(a) notice given by mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by fax shall be deemed to have been received on the first business day after it was sent; or

(c) notice given by a means prescribed by the regulations shall be deemed to have been received on the day prescribed by the regulations. 2000, c. 26, Sched. O, s. 7.

Submissions and decision

(5) The Registrar shall consider submissions, but shall not hold a hearing into the matter, and the Registrar's decision is final. 2000, c. 26, Sched. O, s. 7.

Regulations

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

(a) prescribing other means of giving notice;

(b) governing the giving of notice by a means prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received. 2015, c. 27, Sched. 7, s. 21.

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