Ontario Highway Transport Board and
Public Vehicles Amendment Act, 1996
EXPLANATORY NOTE
Ontario Highway Transport Board Act
The Bill amends the size, powers and procedures of the Ontario Highway Transport Board in the following ways.
The current Act requires a Board of at least three members; the Bill leaves the number of members to the discretion of Cabinet. The quorum of the Board is reduced from two members to one.
The Board can no longer rehear applications under the Public Vehicles Act, the old Public Commercial Vehicles Act or the Truck Transportation Act. It can no longer review, reconsider, amend or revoke its decisions, orders, directions, certificates, approvals, declarations and rulings under those Acts. It can no longer hear appeals to its decisions under the Truck Transportation Act or the Ontario Highway Transport Board Act.
The Statutory Powers Procedures Act is made to apply to all Board proceedings. However, certain hearings under the Public Vehicles Act are to be held as written hearings unless the parties agree to an oral hearing or the Board is of the opinion that a written hearing may not satisfy the requirements of natural justice. The parties to any hearing before the Board are the person whose licence, operations or transportation service are the subject of the hearing and any person who has an economic interest in the outcome of the hearing, who applies to be a party and who is made a party by the Board. The Minister of Transportation is no longer a party to hearings before the Board.
All the actual costs incurred by the Board and by the Ministry of Transportation in conducting a proceeding before the Board, including the costs of prior investigations, are to be paid to the Minister of Finance by the parties to a proceeding, pursuant to a costs order made by the Board. This requirement applies to all proceedings commenced on or after April 1, 1996.
The decisions of the Board are final. Appeals to Divisional Court, petitions to Cabinet and stated cases to Divisional Court are no longer available.
Public Vehicles Act
The Bill amends the Public Vehicles Act in the following ways.
The requirement that public vehicles be licensed as public vehicles is removed.
Tariffs of tolls no longer need the approval of the Minister of Transportation. A tariff of tolls for scheduled services is effective on being filed with the Board. Tariffs for other services need not be filed.
In the current Act, the Ontario Highway Transport Board has a reporting function and the Minister of Transportation is the decision-maker in all matters related to public vehicle operating licences. The Bill makes the Board the decision-maker and ends
the Minister's involvement with operating licences. For example, instead of the Board issuing a certificate of public necessity and convenience, on the basis of which the Minister issues a public vehicle operating licence, the Board will issue the licence if it is of the opinion that public necessity and convenience will be served thereby.
In the current Act, the Board may hold hearings into matters respecting public vehicle operating licences at the request of an applicant for a licence, a licensee or the Minister of Transportation or on its own initiative. Under the Bill, the Minister cannot refer matters to the Board and the Board cannot initiate a hearing on its own. The Board will hold certain hearings at the request of the applicant or licensee (application for issuance of licence, approval to transfer a licence or interpretation of licence) and it will hold hearings that may result in imposing sanctions (cancelling or suspending a licence, imposing conditions on a licence, issuing a stop order) only at the request of a person who has an economic interest in the outcome of the matter.
Consequential Amendments to other Acts
As a consequence of the amendments to Ontario Highway Transport Board Act and the Public Vehicles Act, the Bill also amends various municipal and transportation Acts.
Bill 391996
An Act to amend the Ontario Highway
Transport Board Act and the Public Vehicles
Act and to make consequential changes to certain other Acts
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
ONTARIO HIGHWAY TRANSPORT BOARD ACT
1. (1) Subsection 2 (1) of the Ontario Highway Transport Board Act is amended by striking out "three members or as many more" in the fifth and sixth lines and substituting "that number of members".
(2) Subsection 2 (2) of the Act is amended by striking out "and not more than two of them as vice-chairs" at the end.
2. Sections 5 and 6 of the Act are repealed and the following substituted:
Quorum
5. One member of the Board constitutes a quorum and is sufficient for the exercise of all the jurisdiction and powers of the Board.
3. Sections 7, 8, 9 and 10 of the Act are repealed and the following substituted:
Member designated to act for chair
7. (1) The chair may designate another member of the Board to act as chair in his or her absence.
Same
(2) If the chair cannot act and has not designated another member to act as chair, or if the office of chair is vacant, the Minister may designate a member of the Board to act as chair.
Same
(3) A member designated under subsection (1) or (2) may act as and has all the powers of the chair.
Attendance to duties
8. The members of the Board shall perform their duties as and when required, and may accept or hold another office or employment so long as it is not inconsistent with their duties as Board members.
Staff
9. The Board may engage and employ such persons as are necessary to carry out the Board's functions.
4. Subsections 12 (1) and (2) of the Act are repealed and the following substituted:
When orders etc. effective
(1) An order, decision or direction of the Board is effective upon being signed by a member of the Board or as otherwise specified in the order, decision or direction.
When licence effective
(2) A licence issued by the Board is effective upon being signed by a member of the Board or as otherwise specified in the licence.
5. Section 13 of the Act is repealed and the following substituted:
Regulations Act not applicable
13. The Regulations Act does not apply to any order, decision, direction or licence issued by the Board.
6. (1) Sections 16, 17, 18, 19 and 20 of the Act are repealed.
Transition
(2) Section 16, as it read immediately before its repeal, continues to apply to a rehearing or review commenced before this section comes into force.
Same
(3) After this section comes into force, the Board shall not commence any rehearing or review under section 16, as it read immediately before its repeal.
7. (1) Sections 22, 23 and 24 of the Act are repealed and the following substituted:
Procedure
22. (1) The Statutory Powers Procedure Act applies to hearings by the Board and related proceedings.
When written hearings to be held
(2) Despite subsection (1) and subject to subsection (3), a hearing held by the Board under section 6, 7 or 8 of the Public Vehicles Act shall be a written hearing unless all the parties to the hearing agree to have an oral hearing.
Request for oral hearing
(3) Any party to a hearing under section 6, 7 or 8 of the Public Vehicles Act may request at any time before or during the hearing that the Board hold an oral hearing and, if the Board is of the opinion that a written hearing may not satisfy the requirements of natural justice, the Board shall hold an oral hearing for all or any part of the matter.
Parties
(4) Except as may be expressly provided in the Public Vehicles Act, in any proceeding before the Board, the parties are,
(a) the person whose operations, licence or transportation service is the subject of the proceeding; and
(b) any interested person, as defined in section 1 of the Public Vehicles Act, who applies to be a party and is specified as a party by the Board.
Member not to have taken part in prior investigation
23. (1) The member of the Board assigned to hold a hearing shall not have taken part prior to the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or any party or representative of a party except upon notice to and opportunity for all parties to participate.
Member may seek legal advice
(2) The member may, without the notice required by subsection (1), seek legal advice from a legal advisor independent of the parties but, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.
Costs
24. (1) The Board may, in its discretion, fix the costs of and incidental to any proceeding.
Additional costs payable to Minister of Finance
(2) The Board shall order additional costs for every proceeding, payable to the Minister of Finance, such that all the actual costs of the proceeding incurred by the Board and by the Ministry of Transportation, including the costs of any prior investigations, are charged in full as costs to the parties to the proceeding, or any of them.
Costs may reflect degree of success
(3) The Board may order by whom and to whom any costs are to be paid under subsection (1) and by whom any costs are to be paid under subsection (2) and, in exercising this discretion, the Board shall be mindful of the degree of success of the parties.
Debt to Crown
(4) The costs ordered under subsection (2) are a debt due to Her Majesty the Queen in right of Ontario.
Application
(5) This section applies to all hearings before the Board that are commenced on or after April 1, 1996.
Transition
(2) Hearings commenced before this section comes into force and continued after this section comes into force shall be conducted in accordance with sections 22 and 23, as they read immediately before this section comes into force.
8. (1) Sections 25, 26 and 27 of the Act are repealed.
Transition
(2) Sections 26 and 27, as they read immediately before their repeal, continue to apply, respectively, to a petition that was filed or an appeal that was commenced before this section comes into force.
Same
(3) After this section comes into force,
(a) the Board shall not state a case under section 25, as it read immediately before its repeal;
(b) no petition may be filed under section 26, as it read immediately before its repeal; and
(c) no appeal may be commenced under section 27, as it read immediately before its repeal.
9. Section 28 of the Act is repealed and the following substituted:
Orders of Board final and binding
28. Every order, direction and decision of the Board and every licence issued by the Board is final and binding.
10. Subsections 29 (3), (4) and (5) of the Act are repealed and the following substituted:
Ministry report
(3) The Board may request and receive in evidence a report prepared by an officer of the Ministry of Transportation, as defined in section 1 of the Public Vehicles Act, in order to assist the Board during the hearing of any matter.
Same
(4) The Board shall cause a copy of the report to be served on every party to the hearing and, in an oral hearing, the officer of the Ministry of Transportation may be called by the Board to give evidence on the report.
Fees for documents
(5) The Board may charge and collect fees for providing copies and certified copies of,
(a) maps and plans; and
(b) orders, decisions, licences, certificates or other documents issued by or in the custody of the Board.
11. Section 30 of the Act is repealed.
12. Section 31 of the Act is amended by striking out "Treasurer of Ontario" in the third and fourth lines and substituting "Minister of Finance".
13. Section 32 of the Act is repealed and the following substituted:
Evidence of documents
32. (1) Every document purporting to be signed by a member of the Board or a person designated by the Board to have signing authority is proof, in the absence of evidence to the contrary and without proof of the signature, that the document was duly signed.
Same
(2) A copy of a document signed as provided in subsection (1) in the custody of or on record with the Board and purporting to be certified by a member of the Board or a person designated by the Board to certify documents is proof of the document, in the absence of evidence to the contrary and without proof of the signature.
PART II
PUBLIC VEHICLES ACT
14. (1) Section 1 of the Public Vehicles Act is amended by adding the following definition:
"interested person" means a person who has an economic interest in the outcome of a matter that is within the Board's jurisdiction.
(2) The definition of "vehicle licence" in section 1 of the Act is repealed.
15. Section 3 of the Act is repealed.
16. Subsection 4 (1) of the Act is amended by striking out "or any provision of section 3" in the second line.
17. Sections 5, 6, 7 and 8 of the Act are repealed and the following substituted:
Rights under operating licence
5. (1) An operating licence authorizes the licensee to conduct upon a highway by means of a public vehicle the business of a carrier of passengers or of passengers and express freight, in accordance with this Act and the regulations and the terms and conditions of the licence.
Discontinuance or reduction of scheduled service
(2) The holder of an operating licence shall not discontinue or reduce any scheduled service authorized under the holder's licence except in accordance with the regulations and after giving notice,
(a) to the Minister, as set out in the regulations; and
(b) to the public in the area affected, as set out in subsection (4).
Failure to provide scheduled service
(3) If the holder of an operating licence fails to provide a scheduled service authorized by the holder's licence for more than 24 hours, the holder shall give notice of the failure and explain the reason for it and its probable duration,
(a) to the Board, in a written report; and
(b) to the public in the area affected, as set out in subsection (4).
Notice to public
(4) Notice to the public under subsection (2) or (3) shall be given in a newspaper published in the area affected and in signs posted at the scheduled stopping places on the highway where the service is to be discontinued or reduced or has not been provided.
Hearing re public necessity and convenience
6. (1) Upon receipt of an application for an operating licence, the Board shall hold a hearing to determine if the issue of an operating licence to the applicant will serve public necessity and convenience.
Issuance of licence
(2) At the conclusion of the hearing, the Board may issue anoperating licence to the applicant if the Board is of the opinion that the issue of the licence will serve public necessity and convenience.
Renewal of licence
(3) The Board shall renew an operating licence upon the application of the licensee without holding a hearing unless an interested person requests that a hearing be held and satisfies the Board that there are apparent grounds for refusing to renew the licence.
Same
(4) Upon receipt of a request under subsection (3), the Board may, if it considers it appropriate, hold a hearing to determine if the renewal of the licence will serve public necessity and convenience.
Same
(5) At the conclusion of the hearing, the Board may renew the operating licence if the Board is of the opinion that the renewal will serve public necessity and convenience.
Same
(6) If a hearing is held under subsection (4), the licence does not expire on the date provided for in the licence but remains valid until the conclusion of the hearing.
Contents of licence
(7) A licence issued or renewed under this section may, having regard to the requirements of public necessity and convenience,
(a) contain terms and conditions to govern the transportation of passengers and express freight;
(b) confer special, exclusive or limited rights with respect to the operation of public vehicles and with respect to any highway or highways or portions of any highway or highways described in the licence;
(c) expire at the end of a specified term, on a specified day or upon the occurrence of a specified event.
Special authority
6.1 (1) If the Board is of the opinion that public necessity and convenience will be served, the Board may grant to the holder of an operating licence a special authority that augments the holder's operating licence to the extent set out in the special authority, subject to the terms and conditions in the special authority, for a period not exceeding seven days.
Same
(2) This Act, except section 6, the regulations and the termsand conditions of the licensee's operating licence continue to apply during the period of validity of the special authority to the extent that they are not inconsistent with the special authority.
Transfer of operating licence prohibited without approval
7. (1) No operating licence shall be transferred, directly or indirectly, without the written approval of the Board.
Hearing
(2) The holder of an operating licence may apply to the Board for a hearing to determine if the proposed transfer of the licence will prejudice the public necessity and convenience served by the licence and the Board shall hold a hearing into the matter.
Parties
(3) The parties to the hearing are the holder of the licence, the proposed transferee and any interested persons who apply to be parties and are specified as parties by the Board.
Approval of transfer
(4) At the conclusion of the hearing, if the Board is of the opinion that the transfer will not prejudice the public necessity and convenience served by the licence, the Board shall approve the transfer and amend the licence in the name of the transferee and may further amend the licence to contain any provision permitted by subsection 6 (7).
Effective change in control of corporation
(5) A proposed issue or transfer of shares of the capital stock of a corporation that holds an operating licence, or a proposed series of such issues or transfers, that would result in an effective change in the control of the corporation is a proposed transfer of the operating licence for which approval is required under this section.
Licence referred to Board for interpretation
8. (1) The holder of an operating licence may at any time apply to the Board to interpret ambiguous provisions of the holder's licence or uncertain rights granted by the licence.
Hearing
(2) Upon receipt of an application under subsection (1), the Board may, if it considers it appropriate, hold a hearing to resolve the ambiguity or uncertainty.
Licence may be amended
(3) At the conclusion of the hearing, the Board may amend the licence to resolve the ambiguity or uncertainty.
18. Sections 10, 11, 12, 13, 14, 15 and 16 of the Act are repealed and the following substituted:
Application for hearing re licence suspension, cancellation, etc. 10. (1) Upon receipt of an application by an interested person who satisfies the Board that there are apparent grounds to suspend or cancel or impose conditions on a licensee's licence for a reason described in subsection (2), the Board may, if it considers it appropriate, hold a hearing to determine whether the licence should be suspended or cancelled or conditions imposed on it.
Board's decision
(2) At the conclusion of the hearing, the Board may suspend or cancel the operating licence or impose temporary or permanent conditions on the licence,
(a) if the licensee failed to begin operations as a carrier in accordance with the licence within 30 days after the issue of the licence or within such further period as is specified in the licence;
(b) if the licensee failed for a continuous period of 30 days to carry on operations as a carrier in accordance with the licence;
(c) if the past conduct of the licensee, or, where the licensee is a corporation, of its officers or directors, affords reasonable grounds for belief that the transportation service will not be operated in accordance with the law and with honesty and integrity;
(d) if the licensee is financially incapable of providing or continuing to provide transportation services in accordance with this Act and the regulations or the terms and conditions of the licence or of meeting the licensee's financial responsibilities to persons using such services; or
(e) if the licensee or any person under the licensee's control and direction contravenes this Act or the Highway Traffic Act or the regulations under either Act or the terms and conditions of the licence and such contravention affords reasonable grounds for believing that the business of a carrier will not be carried on pursuant to the licence in accordance with the requirements of such Acts or regulations or such terms and conditions.
Hearing into operations and conduct
11. (1) Upon receipt of an application by an interested person who satisfies the Board that there are apparent grounds toissue an order described in subsection (3), the Board may, if it considers it appropriate, hold a hearing,
(a) into the operation of any transportation service conducted by means of a public vehicle; or
(b) into the conduct of any person who operates, or causes to be operated, a public vehicle.
Same
(2) A hearing held under subsection (1) shall be for the purpose of determining whether the operation or conduct,
(a) contravenes the provisions of this Act or the Motor Vehicle Transport Act (Canada) or the regulations under either Act; or
(b) contravenes an operating licence or, if the licence is ambiguous or the rights granted by it are uncertain, the intent of the licence.
Order
(3) At the conclusion of the hearing, if it determines that there has been a contravention, the Board may,
(a) order that the operation of the transportation service in the manner that caused the contravention stop;
(b) order that the conduct of the person who operated, or caused to be operated, a public vehicle that constituted the contravention stop;
(c) if the operator of the transportation service is the holder of an operating licence, amend the licence,
(i) by specifying that the licence expire at the end of a specified term, on a specified day or upon the occurrence of a specified event,
(ii) by adding such other terms and conditions that the Board considers just, or
(iii) to resolve any ambiguity in the licence or uncertainty in the rights granted by the licence.
19. Section 17 of the Act is repealed and the following substituted:
Tolls
17. No tolls shall be charged by a licensee for scheduled services provided under the licensee's operating licence except in accordance with the licensee's tariff of tolls as filed by thelicensee with the Board.
20. Section 18 of the Act is repealed.
21. (1) Subsection 27 (1) of the Act is amended by striking out "the Minister" in the last line and substituting "the Board".
(2) Subsection 27 (3) of the Act is amended by striking out "the Minister" in the first line and substituting "the Board".
22. Section 28 of the Act is amended by striking out "the Minister" in the third and fourth lines and in the last line and substituting in each case "the Board".
23. Subsection 29 (3) of the Act is repealed.
24. (1) Section 33 of the Act is amended by adding the following clauses:
(b.1) governing applications or requests by applicants or licensees under sections 6, 7 and 8 and by interested persons under sections 6, 10 and 11, including prescribing fees in respect of such applications or requests;
(b.2) governing requests by interested persons to be made a party to a proceeding, including prescribing fees to be paid by such parties.
(2) Clause 33 (o) of the Act is repealed and the following substituted:
(o) governing the discontinuance or reduction of scheduled services, including prescribing the requirements that must be met by a licensee before a scheduled service may be discontinued or reduced and prescribing the amount of notice and the contents of the notice to be given to the Minister.
25. Section 35 of the Act is repealed.
PART III
CONSEQUENTIAL AMENDMENTS TO OTHER STATUTES
Highway Traffic Act
26. Subsection 121 (1) of the Highway Traffic Act is amended by striking out "Subject to subsection 14 (1) of the Public Vehicles Act" at the beginning.
Ministry of Transportation Act
27. (1) Clause 7 (1) (a) of the Ministry of Transportation Act is amended by striking out "and public vehicles" in the second and third lines.
(2) Subsection 7 (2) of the Act is amended by striking out "the Truck Transportation Act and the Public Vehicles Act" in the second and third lines and substituting "and the Truck Transportation Act".
(3) Subsection 7 (4) of the Act is repealed.
Municipality of Metropolitan Toronto Act
28. Subsection 115 (10) of the Municipality of Metropolitan Toronto Act is repealed and the following substituted:
Operating licence to be issued
(10) Where the Municipal Board orders the Commission to furnish a service under subsection (9), the Commission shall be deemed to have applied for a public vehicle operating licence under the Public Vehicles Act, and the Ontario Highway Transport Board shall issue a public vehicle operating licence to the Commission.
Ontario Northland Transportation Commission Act
29. Section 9 of the Ontario Northland Transportation Commission Act is amended by striking out "18" in the second line and substituting "17".
Regional Municipality of Hamilton-Wentworth Act
30. Subsection 36 (12) of the Regional Municipality of Hamilton-Wentworth Act is amended by striking out "7 (5)" in the first line and substituting "7 (6)".
31. (1) Subsection 42 (3) of the Act is amended by striking out "and may refer the application to the Ontario Highway Transport Board for a report thereon" at the end.
(2) Subsection 42 (4) of the Act is repealed.
Toronto Area Transit Operating Authority Act
32. Subsection 2 (10) of the Toronto Area Transit Operating Authority Act is repealed.
Truck Transportation Act
33. Section 14 of the Truck Transportation Act is repealed and the following substituted:
Commercial zones
14. The Minister may designate commercial zones and may vary the boundaries of a commercial zone.
34. (1) Subsection 18 (3) of the Act is repealed and the following substituted:
Exception
(3) Subsections (1) and (2) do not apply to a tariff or toll charged under a contract, of which there is written evidence, that is for a term,
(a) of less than 14 days; or
(b) of not less than six months and that provides for an ascertainable maximum quantity of goods to be transported at that toll.
(2) Subsection 18 (4) of the Act is amended by striking out "or, where the Board has waived the fifteen days notice, until it has been published in the prescribed manner" at the end.
(3) Subsection 18 (5) of the Act is repealed.
35. Section 28 of the Act is amended by adding the following subsection:
Interpretation
(1.1) In this section,
"Board" means the Licence Suspension Appeal Board, as defined in the Highway Traffic Act.
36. Sections 30 and 32 of the Act are repealed.
37. Subsection 33 (2) of the Act is amended by striking out "or by the Board" in the fourth line.
38. (1) Subsection 36 (3) of the Act is amended by striking out "the Board" in the second last line.
(2) Clause 36 (6) (a) of the Act is amended by striking out "and the Board" in the second and third lines.
39. Sections 37, 38 and 39 of the Act are repealed.
PART IV
COMMENCEMENT AND SHORT TITLE
Commencement
40. This Act comes into force on the day it receives Royal Assent.
Short title
41. The short title of this Act is the Ontario Highway Transport Board and Public Vehicles Amendment Act, 1996.