Section 100: Regulations, safety standards certificates, motor vehicle inspection stations, etc.

Ontario

Highway Traffic Act

Part VI: Equipment

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

(a) prescribing the form and content of safety standards certificates;

(b) prescribing inspection procedures, inspection requirements and equipment and performance standards of those items to be inspected for a safety standards certificate, a structural inspection certificate or a vehicle inspection sticker;

(c) governing the safety, equipment, premises, maintenance and operation of motor vehicle inspection stations;

(d) prescribing forms for the purposes of sections 88 to 98 and this section and providing for their use;

(e) prescribing conditions that shall attach to motor vehicle inspection station licences or the registrations of motor vehicle inspection mechanics or any class of either of them;

(f) classifying vehicles, motor vehicle inspection stations and motor vehicle inspection mechanics for the purposes of sections 88 to 92;

(g) prescribing fees that shall be paid upon applications for motor vehicle inspection station licences and upon the issuance of the licences or renewals thereof and upon applications for and the registration of motor vehicle inspection mechanics;

(h) prescribing the amount that shall be paid to the Ministry for forms of safety standards certificates and vehicle inspection stickers;

(i) prescribing the books, records and accounts that shall be kept by licensees;

(j) governing the reports and returns that shall be made to the Director by licensees and registrants;

(k) prescribing the qualifications of motor vehicle inspection mechanics;

(l) prescribing other duties of inspectors;

(m) prescribing the form, size and content of signs that identify motor vehicle inspection stations and governing the use of such signs;

(n) requiring and governing the return to the Ministry of unused forms of safety standards certificates, vehicle inspection records and vehicle inspection stickers and providing for refunds of amounts paid for the forms of certificates and stickers;

(o) requiring and governing the return to the Ministry of signs provided by the Ministry to identify motor vehicle inspection stations. R.S.O. 1990, c. H.8, s. 100 (1); 2000, c. 15, s. 1 (1).

Adoption by reference

(2) Any regulation made under clause (1) (b) may adopt by reference any code, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary and may require compliance with any code that is adopted. R.S.O. 1990, c. H.8, s. 100 (2).

Exemptions

(3) A regulation made under clause (1) (b) may provide that a structural inspection certificate is not required for such classes of vehicles or in such circumstances as are described in the regulation. 2000, c. 15, s. 1 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 100 is repealed. (See: 2015, c. 14, s. 30)

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 14, s. 31 (1))

Transition

Regulations

100.1 (1) The Minister may make regulations,

(a) governing the transition from the motor vehicle inspection station system, as set out in sections 88 to 100, to the vehicle inspection centre system, as set out in sections 100.2 to 100.8;

(b) governing, for purposes of transition, the application or the partial application of portions of the vehicle inspection centre system to the motor vehicle inspection station system. 2015, c. 14, s. 31 (1).

Regulation prevails

(2) Where there is a conflict between a regulation made under subsection (1) and this Act, the regulation prevails. 2015, c. 14, s. 31 (1).

Notice

(3) The Ministry may give notice to any person holding a motor vehicle inspection station licence,

(a) requiring that the person return to the Ministry any forms or materials received from the Ministry;

(b) setting out the time within which the person must return the forms or materials; and

(c) requiring the person to retain the records specified in the notice for the period of time specified in the notice. 2015, c. 14, s. 31 (1).

Same

(4) The notice may be served by a method prescribed by a regulation made under subsection (1) and the notice is deemed to be served within the time period prescribed by a regulation made under subsection (1). 2015, c. 14, s. 31 (1).

Deemed service

(5) Where the notice is deemed to be served within the time period prescribed by regulation, it shall be deemed to have been served within that time in the absence of evidence to the contrary. 2015, c. 14, s. 31 (1).

Compliance

(6) A person to whom a notice is given shall comply with the provisions of the notice. 2015, c. 14, s. 31 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 100.1 is repealed. (See: 2015, c. 14, s. 31 (2))

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 14, s. 32)

Ministry program for the inspection of vehicles and the issuance of certificates

100.2 (1) The Minister may establish a program to provide for the inspection of vehicles and the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection. 2015, c. 14, s. 32.

Director of Vehicle Inspection Standards

(2) The Minister may appoint a Director of Vehicle Inspection Standards to administer the program. 2015, c. 14, s. 32.

Agreements with service providers

(3) The Minister may enter into agreements with service providers to assist with the administration of the program. 2015, c. 14, s. 32.

Agreements to operate vehicle inspection centres

(4) The Minister may,

(a) enter into agreements that authorize persons to operate vehicle inspection centres under the program; and

(b) authorize one or more service providers to enter into agreements that authorize persons to operate vehicle inspection centres under the program. 2015, c. 14, s. 32.

Not a Crown agent

(5) A vehicle inspection centre is not an agent of the Crown. 2015, c. 14, s. 32.

Same

(6) A service provider is not an agent of the Crown, except as may be provided by the service provider agreement. 2015, c. 14, s. 32.

Collection, use and disclosure of information

(7) A service provider is authorized to collect, use and disclose information, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, for the purpose of providing services under this Act, but the service provider shall exercise this authority solely in accordance with the applicable service provider agreement. 2015, c. 14, s. 32.

Crown not liable for acts of a vehicle inspection centre or service provider

100.3 (1) No action or other proceeding shall be instituted against the Crown, the Minister, the Director of Vehicle Inspection Standards or any other official or employee in the Ministry for any act of a vehicle inspection centre or service provider, or an employee or agent of a vehicle inspection centre or service provider, in the execution or intended execution of a power, duty or responsibility provided for under this Act or for an alleged neglect or default in the execution or intended execution of a power, duty or responsibility provided for under this Act. 2015, c. 14, s. 32.

Crown not liable for acts done in good faith under this Act

(2) No action or other proceeding shall be instituted against the Minister, the Director of Vehicle Inspection Standards or any other official or employee in the Ministry for any act done in good faith in the execution or intended execution of a power or duty under this Act or for any alleged neglect or default in the execution in good faith of a power or duty under this Act. 2015, c. 14, s. 32.

Exception

(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (2) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject. 2015, c. 14, s. 32.

Note: On the later of the day section 33 of Schedule 17 (Crown Liability and Proceedings Act, 2019)to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force and the day section 32 of the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 comes into force, subsection 100.3 (3) of the Act is amended by striking out "subsections 5 (2) and (4) of the Proceedings Against the Crown Act" and substituting "subsection 8 (3) of the Crown Liability and Proceedings Act, 2019". (See: 2019, c. 7, Sched. 17, s. 88 (6))

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 14, s. 33)

Prohibitions

100.4 (1) No person shall make a false statement or include inaccurate information or permit the making of a false statement or the including of inaccurate information,

(a) in any certificate or sticker or other type of proof of inspection referred to in subsection 100.2 (1); or

(b) in any application or other document submitted, directly or indirectly, to the Ministry or provided to a customer. 2015, c. 14, s. 33.

Registered technicians

(2) No person shall determine whether or not a vehicle meets the standards for issuance of a certificate or sticker or other type of proof of inspection other than a technician registered with the Director of Vehicle Inspection Standards. 2015, c. 14, s. 33.

Accredited vehicle inspection centres

(3) No person shall issue, or permit the issuance of, any certificate or sticker or other type of proof of inspection unless,

(a) it is issued by a registered technician after an inspection conducted in accordance with the inspection procedures that are prescribed by regulation or set out in a directive issued under section 100.7 in a vehicle inspection centre accredited by the Director of Vehicle Inspection Standards; and

(b) the vehicle meets the equipment and performance standards that are prescribed by regulation or set out in a directive issued under section 100.7. 2015, c. 14, s. 33.

Provided or approved forms

(4) No person shall use any form or type of certificate or sticker or other type of proof of inspection other than a form, type or proof provided by or approved by the Ministry. 2015, c. 14, s. 33.

Inspectors

100.5 (1) The Director of Vehicle Inspection Standards may appoint, in writing, one or more persons as vehicle inspection standards inspectors. 2015, c. 14, s. 33.

Certificate of appointment

(2) The Director shall issue every vehicle inspection standards inspector a certificate of appointment and every inspector who is acting in the execution of his or her duties shall produce his or her certificate of appointment upon request. 2015, c. 14, s. 33.

Admissibility of copies

(3) A copy of any record of a vehicle inspection centre that purports to be certified by a vehicle inspection standards inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original. 2015, c. 14, s. 33.

Obstruction

(4) No person shall obstruct a vehicle inspection standards inspector or withhold, destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of carrying out his or her duties. 2015, c. 14, s. 33.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 14, s. 34)

Offences

100.6 (1) Any person who contravenes subsection 100.1 (6), section 100.4 or subsection 100.5 (4) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 or to imprisonment for a term of not more than 30 days, or to both. 2015, c. 14, s. 34.

Limitation period

(2) No proceeding for an offence under this section may be instituted more than two years after the facts on which the proceeding is based are alleged to have occurred. 2015, c. 14, s. 34.

Report on conviction to Director

(3) A provincial judge or justice of the peace who makes a conviction for an offence under this section or any regulation made under it, or the clerk of the court in which the conviction is made, shall forthwith certify the conviction to the Director of Vehicle Inspection Standards setting out the name, address and description of the person convicted and the provision contravened under this Act. 2015, c. 14, s. 34.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 14, s. 35)

Directives

100.7 (1) The Director of Vehicle Inspection Standards may make directives,

(a) governing the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection;

(b) governing inspection procedures; and

(c) governing equipment and performance standards that must be met before a certificate, sticker or other proof of inspection mentioned in clause (a) may be issued. 2015, c. 14, s. 35.

Note: On the day section 35 of the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 comes into force, clause 100.7 (1) (c) of the Act is amended by striking out "standards that" and substituting "standards, including emission control standards, that". (See: 2019, c. 14, Sched. 16, s. 13)

Same

(2) A directive may be general or particular in its application, and may provide for different classes or categories. 2015, c. 14, s. 35.

Public availability

(3) Every directive,

(a) shall be made available to the public on request; and

(b) shall be publicly posted on at least one Government of Ontario website. 2015, c. 14, s. 35.

Status

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives. 2015, c. 14, s. 35.

Term of agreement

(5) It shall be deemed to be a term and condition of every agreement to operate a vehicle inspection centre that the operator shall comply with all applicable directives. 2015, c. 14, s. 35.

Admissibility of copies

(6) A copy of a directive or a portion of a directive that purports to be certified by the Director or by an inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the directive or any portion of it. 2015, c. 14, s. 35.

Regulations

100.8 (1) The Minister may make regulations,

(a) governing the payment of fees to the Ministry for anything done by or on behalf of the Minister or the Director of Vehicle Inspection Standards or for any purpose under sections 100.2 to 100.5 and this section;

(b) establishing qualifications and requirements for vehicle inspection centres;

(c) establishing qualifications and requirements for vehicle inspection centre technicians;

(d) providing procedures by which the Director of Vehicle Inspection Standards may,

(i) refuse to accredit a person as a vehicle inspection centre, or

(ii) register a person as a vehicle inspection centre technician or refuse to renew or revoke the person's registration;

(e) governing,

(i) the issuance of safety standards certificates, structural inspection certificates, annual inspection certificates and stickers and semi-annual inspection certificates and stickers and other types of proof of inspection,

(ii) inspection procedures, and

(iii) equipment and performance standards that must be met before a certificate, sticker or other proof of inspection mentioned in subclause (i) may be issued;

Note: On the day section 35 of the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015 comes into force, subclause 100.8 (1) (e) (iii) of the Act is amended by striking out "standards that" and substituting "standards, including emission control standards, that". (See: 2019, c. 14, Sched. 16, s. 14)

(f) defining any term used in sections 100.2 to 100.7. 2015, c. 14, s. 35.

Amendments to adopted documents

(2) If a regulation made under clause (1) (e) adopts a document by reference, the regulation may adopt the document as it may be amended from time to time. 2015, c. 14, s. 35.

When adoption of amendment effective

(3) The adoption of an amendment of a document that has been adopted by reference comes into effect upon the amended document being posted on a Government of Ontario website. 2015, c. 14, s. 35.

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