Section 110.4: Additional power of Registrar to suspend, etc., special permits

Ontario

Highway Traffic Act

Part VII: Load and Dimensions

(1) In addition to taking action under subsection 110.3 (1) for a ground listed in that subsection, the Registrar may take action under that subsection with respect to all of the permits of a given class, where in his or her opinion,

(a) the action eliminates or reduces any threat to highway safety;

(b) the action eliminates or reduces any unreasonable wear or damage to the highways and the supporting infrastructure; or

(c) the original reason for granting permits of that class under subsection 110.1 (1) no longer exists or is not the same due to a change of circumstances. 2000, c. 26, Sched. O, s. 7.

Notice of proposed action

(2) Before taking an action under subsection (1), the Registrar shall notify each permit holder of the proposed action and shall give the holders 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 for the person 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;

(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. 22.

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