Bill 189 2014

An Act to amend various acts with respect to tow and storage service, the enhancement of consumer protection, commercial motor vehicle and tow truck regulation, and the enforcement of legislation

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short Title
Schedule 1	Consumer Protection Act, 2002
Schedule 2	Repair and Storage Liens Act
Schedule 3	Highway Traffic Act

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Schedules

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Different dates for same Schedule

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short Title

   3.  The short title of this Act is the Roadside Assistance Protection Act, 2014.

 

Schedule 1
consumer Protection Act, 2002

   1.  Clause (b) of the definition of "unsolicited goods or services" in subsection 13 (9) of the Consumer Protection Act, 2002 is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

         (iv)  any prescribed tow and storage services regulated under Part VI.1, Tow and Storage Services, including services provided under prescribed circumstances.

   2.  The Act is amended by adding the following Part:

PART VI.1
TOW AND STORAGE SERVICES

Definitions

   65.1  In this Part,

"tow and storage provider" means any of the following:

    1.  A tow and storage services operator.

    2.  A tow truck broker.

    3.  A tow truck driver; ("fournisseur de services de remorquage et d'entreposage")

"tow and storage services operator" has the meaning provided for in the regulations; ("exploitant de services de remorquage et d'entreposage")

"tow truck" has the meaning provided for in the regulations; ("dépanneuse")

"tow truck broker" has the meaning provided for in the regulations; ("courtier en dépanneuses")

"tow truck driver" means, subject to the regulations,

  (a)  an individual who drives or has the care and control of a tow truck for the purpose of providing tow services to a consumer, and

  (b)  any other prescribed person; ("conducteur de dépanneuse")

"vehicle" means a motor vehicle as defined in the Highway Traffic Act. ("véhicule")

Application

   65.2  (1)  This Part applies to consumer transactions involving tow and storage services regardless of,

  (a)  whether the authorization for tow and storage services is made by the owner or driver of a vehicle, a person acting on behalf of the owner or driver or a prescribed person; and

  (b)  whether payment for the transaction is made or reimbursed by a third party, including a commercial or governmental entity.

Non-application

   (2)  This Part or any provision of this Part does not apply in respect of prescribed persons or with respect to prescribed circumstances.

Disclosure

   65.3  No tow and storage provider shall charge a consumer or a prescribed person acting on behalf of a consumer for any tow and storage services unless the consumer or prescribed person has first been given the prescribed information in the prescribed manner and within the prescribed time.

Authorization required

   65.4  (1)  Subject to the regulations, no tow and storage provider shall charge a consumer for any tow and storage services unless the consumer or a prescribed person acting on behalf of the consumer, if the consumer is unable to give authorization in circumstances provided for in the regulations, authorizes the services.

Exceeding estimated amount

   (2)  Subject to the regulations, where an authorization under subsection (1) includes an authorization in respect of an estimated amount that may be paid for the services or an estimate based on a method of computing an amount that may be paid for the services, no tow and storage provider shall charge for services an amount that exceeds by more than 10 per cent the authorized estimated amount or the amount computed in the authorized manner.

Authorization to be recorded

   (3)  If an authorization required by this section is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements.

Posting identifiers and other information

   65.5  A tow and storage provider shall post the prescribed price information and other prescribed information, which may include stickers, labels and other visual identifiers, in accordance with the prescribed requirements.

Invoice

   65.6  Unless the regulations provide otherwise, before demanding or receiving payment from a consumer or a prescribed person acting on behalf of the consumer, a tow and storage provider shall deliver to the consumer or the prescribed person an invoice detailing the tow and storage services provided, including an itemized list of the services and the cost for each as well as the total cost and such additional information as may be prescribed, in the prescribed manner.

Insurance

   65.7  (1)  A tow and storage provider shall maintain insurance coverage for prescribed kinds of liability in the prescribed amounts.

Failure to maintain required insurance

   (2)  If a tow and storage provider fails to maintain the prescribed insurance coverage, the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided while failing to maintain the prescribed insurance coverage.

Evidence of coverage

   (3)  A tow and storage provider shall produce evidence of insurance coverage in the prescribed circumstances and in the prescribed manner.

Publication of rates

   65.8  A tow and storage provider shall maintain a current statement of rates charged and shall make the statement available publicly and, where the regulations prescribe the form and manner of the statement and its publication, shall do so in the prescribed manner.

Consistent cost

   65.9  A tow and storage provider shall not charge an amount for tow and storage services that is greater than the amount usually charged by that provider for the same services merely because the cost is to be paid, directly or indirectly, by an insurer licensed under the Insurance Act or another third party.

Disclosure of interest

   65.10  (1)  A tow and storage provider who, directly or indirectly, has an interest in a location or facility to which a vehicle may be towed for repair, storage, appraisal or similar purposes shall disclose, to the consumer whose vehicle is being towed and to any other persons that may be prescribed, the nature and extent of the interest, in accordance with the prescribed requirements and in the prescribed form and manner.

Failure to make required disclosure

   (2)  If a tow and storage provider fails to make the disclosure required under subsection (1), the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided before disclosure is made.

Consumers Bill of Rights

   65.11  (1)  A tow and storage provider shall provide a consumer with a copy of the Tow and Storage Consumers Bill of Rights in the manner required by the regulations made under subsection (2).

Regulations

   (2)  The Minister may make regulations establishing a Tow and Storage Consumers Bill of Rights for the purposes of subsection (1) and governing how and when it is to be provided.

Duty re contents of vehicle

   65.12  (1)  Unless the regulations provide otherwise or unless otherwise directed by a member of a police force, every tow and storage provider that provides tow and storage services to a consumer shall provide the consumer or a person acting on behalf of the consumer access to the vehicle that is the subject of the tow and storage services, in order to permit removal of all property contained in the vehicle, including money, valuables, documents and records in the vehicle belonging to or in the care of the consumer, upon request of the consumer or a person acting on behalf of the consumer.

Same

   (2)  Access under subsection (1) shall be made in the prescribed manner and within the prescribed time.

No charge to consumer

   (3)  A tow and storage provider shall not charge a fee for permitting access in accordance with subsection (1) unless the regulations provide otherwise.

No pressuring

   (4)  No tow and storage provider shall retain anything that a consumer is entitled to remove under subsection (1) as a means of pressuring the consumer to make a payment under an agreement for tow and storage services.

Failure to comply with section

   (5)  For greater certainty, and without limiting the application of Part III, failure to comply with this section is an unfair practice for purposes of section 18 and the rights and remedies of section 18 apply.

False information

   65.13  (1)  No tow and storage provider shall falsify, assist in falsifying or induce or counsel a consumer to falsify or assist in falsifying any information or document that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act.

Furnishing false information and documents

   (2)  No tow and storage provider shall furnish, assist in furnishing or induce or counsel a consumer to furnish or assist in furnishing any information or documents that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act if the information or documents are false or deceptive.

No counselling contraventions

   65.14  No tow and storage provider shall counsel, advise or knowingly assist a consumer to contravene this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act.

Payment options

   65.15  A tow and storage provider shall accept payment for tow and storage services by credit card, cash or any other prescribed payment method at the consumer's choice.

Prohibitions

   65.16  A tow and storage provider shall not engage in practices that are prescribed as prohibited practices.

Additional duties and obligations

   65.17  A tow and storage provider shall comply with all other prescribed duties and obligations.

Tow and storage rates

   65.18  If the regulations provide for the manner in which charges are to be calculated or the maximum amount of charges that will apply with respect to one or more tow or storage services, a tow and storage provider shall not charge for the tow and storage services except as provided for in the regulations.

Record keeping and reporting

   65.19  A tow and storage provider shall maintain such records as are prescribed and shall submit such reports as are prescribed to the prescribed persons and in the prescribed manner.

Qualifications

   65.20  (1)  Where the regulations provide for qualifications that must be met by a tow truck driver, a tow truck broker or a tow and storage services operator, no person who does not meet the relevant qualifications shall engage with a consumer or a prescribed person acting on behalf of a consumer as a tow truck driver, a tow truck broker or a tow and storage services operator.

Failure to meet qualifications

   (2)  A tow truck driver, tow truck broker or tow and storage services operator who does not meet the relevant qualifications under subsection (1) shall not demand or receive payment from a consumer or a person acting on behalf of the consumer for tow and storage services provided while not meeting the qualifications.

Transition

   65.21  (1)  Sections 65.1 to 65.20 apply to consumer transactions for tow and storage services that are entered into on or after the day this section is proclaimed in force.

Same

   (2)  Other than any provisions that may be prescribed, the provisions of this Part apply to consumer agreements for tow and storage services if the agreement was entered into before the day this section is proclaimed in force and the vehicle in respect of which tow and storage services have been provided is still in the possession or under the control of the tow and storage provider.

   3.  (1)  Subsection 103 (2) of the Act is amended by adding the following paragraph:

  1.1  Policies established under subsection (2.1).

   (2)  Section 103 of the Act is amended by adding the following subsection:

Policies

   (2.1)  The Director may establish policies regarding the interpretation, administration and enforcement of this Act.

   4.  Section 104.1 of the Act is amended by adding the following definition:

"inspector" means a person appointed or designated under section 105.1; ("inspecteur")

   5.  The Act is amended by adding the following sections:

Inspectors

   105.1  The Director may, in writing,

  (a)  appoint persons as inspectors for the purposes of this Act; and

  (b)  designate persons, including persons engaged as inspectors or investigators for the purposes of any other Act, as inspectors for the purposes of this Act or for any specific purposes under this Act provided for in the designation.

Inspection powers

   105.2  (1)  An inspector may, without a warrant, enter and inspect any place in order to perform an inspection to ensure this Act is being complied with.

Time of entry

   (2)  The power to enter and inspect a place without warrant may only be exercised during the place's regular business hours, or during other reasonable times.

Dwellings

   (3)  The power to enter and inspect a place without a warrant shall not be used to enter and inspect a place or a part of a place that is used as a dwelling.

Use of force

   (4)  An inspector is not entitled to use force to enter and inspect a place.

Identification

   (5)  An inspector shall, upon request, produce evidence of his or her appointment or designation.

Powers of inspector

   (6)  An inspector conducting an inspection may,

  (a)  examine a record or other thing that the inspector thinks may be relevant to the inspection;

  (b)  require the production of a record or other thing that the inspector thinks may be relevant to the inspection;

   (c)  remove for review and copying a record or other thing that the inspector thinks may be relevant to the inspection;

  (d)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

  (e)  question any person on matters the inspector thinks may be relevant to the inspection.

Written demand

   (7)  A demand that a record or other thing be produced must be in writing and must include a statement of the nature of the record or other thing to be produced.

Obligation to produce and assist

   (8)  If an inspector demands that a record or other thing be produced, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.

Records and things removed from place

   (9)  An inspector who removes a record or other thing under clause (6) (c) shall provide a receipt and return the record or thing to the person within a reasonable time.

Copy admissible in evidence

   (10)  A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value.

Obstruction

   (11)  No person shall,

  (a)  hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection;

  (b)  refuse to answer questions on matters that an inspector thinks may be relevant to an inspection;

   (c)  provide an inspector with information on matters the inspector thinks may be relevant to an inspection that the person knows to be false or misleading; or

  (d)  prevent or attempt to prevent an inspector from making inquiries of any person separate and apart from another person under clause (6) (e).

Delegation of order making powers

   105.3  (1)  The Director may delegate to an inspector, subject to any conditions set out in the delegation, the power to make any order that the Director may make under the following sections, and an order made by an inspector pursuant to such a delegation is, for all purposes, as effective as if it were made by the Director:

    1.  Section 109.

    2.  Section 110.

    3.  Section 111.

    4.  Section 112.

    5.  Section 114.

    6.  Section 115.

    7.  Section 119.

In writing

   (2)  A delegation under this section must be in writing.

References to Director

   (3)  Where an inspector has made an order pursuant to a delegation under this section, every reference to the Director in or with respect to the section under which the order was made, and in sections 121 and 122, is deemed to be a reference to that inspector.

   6.  Subsection 107 (1) of the Act is repealed and the following substituted:

Search warrant

   (1)  Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there are reasonable grounds for believing that,

  (a)  an inspector is being prevented from doing anything the inspector is entitled to do under section 105.2; or

  (b)  a person has contravened or is contravening this Act or the regulations, and there is,

           (i)  in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

          (ii)  information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

   7.  (1)  Clause 116 (1) (b) of the Act is amended by adding the following subclause:

      (v.1)  in respect of Part VI.1, Tow and Storage Services, any provision of the Part,

   (2)  Clause 116 (1) (b) of the Act is amended by striking out "and" at the end of subclause (vii), by adding "and" at the end of subclause (viii) and by adding the following subclause:

         (ix)  in respect of Part XI, General, subsection 105.2 (11).

   8.  Section 123 of the Act is amended by adding the following subsection:

Lieutenant Governor in Council regulations: Part VI.1

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

  (a)  respecting any matters that may be prescribed or provided for the purposes of Part VI.1;

  (b)  governing the meaning of "tow and storage services operator" for the purposes of Part VI.1 or any provision of that Part, including providing for different classes of tow and storage services operator and providing for application of the term to persons or entities who only operate with respect to tow services, who only operate with respect to storage services or who operate with respect to both;

   (c)  defining or clarifying "tow and storage services" for the purposes of Part VI.1 or any provision of that Part, including providing for the application of the term to include services that only involve towing, that only involve storage or that involve both and defining or clarifying "tow", "storage" and related terms;

  (d)  providing for different classes of tow and storage provider for the purposes of Part VI.1 and providing for different obligations under that Part with respect to different classes;

  (e)  governing the meaning of "tow truck" for the purposes of Part VI.1;

   (f)  excluding persons from the definition of "tow truck driver" for the purposes of Part VI.1;

  (g)  for the purposes of subsection 65.4 (1), providing for persons who may authorize the services on behalf of the consumer and governing circumstances under which the consumer is unable to give authorization, and governing the circumstances, if any, under which a tow and storage provider may charge a consumer for services without the authorization that would otherwise apply under that subsection;

  (h)  for the purposes of subsection 65.4 (2), providing for and governing the circumstances, if any, under which a tow and storage provider may charge a consumer an amount that exceeds the amount that would otherwise apply under that subsection;

    (i)  for the purposes of section 65.6, providing for and governing the circumstances, if any, under which a tow and storage provider is not required to provide an invoice;

    (j)  prescribing one or more forms and manners in which the statement of rates charged may be made publicly available for the purposes of section 65.8;

   (k)  for the purposes of section 65.12, governing,

           (i)  the circumstances under which a tow and storage provider is not required to provide access to a vehicle,

          (ii)  when and how access is to be provided, and

         (iii)  under what circumstances, if any, a fee may be charged for permitting access, and where a fee may be charged, requiring that the amount of the fee be reasonable;

    (l)  respecting and governing anything that may be provided for with respect to section 65.18, including, but without limiting the generality of the foregoing, referring to, or incorporating, with or without modification, the provisions of one or more municipal by-laws as they may exist from time to time;

(m)  providing for additional qualifications for the purposes of section 65.20;

  (n)  governing transitional matters for the purposes of Part VI.1.

Commencement

   9.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 2
Repair and Storage LIens Act

   1.  Section 3 of the Repair and Storage Liens Act is amended by adding the following subsections:

Tow and storage services

   (2.0.1)  Except as otherwise provided for in the regulations, if the repair includes one or more tow and storage services in respect of which Part VI.1 of the Consumer Protection Act, 2002 applies, no lien arises with respect to those services if the repairer fails to comply with the prescribed provisions of that Part, if any.

.     .     .     .     .

Amount, tow and storage

   (2.2)  In cases where Part VI.1 of the Consumer Protection Act, 2002 applies, the amount of a repairer's lien under subsection (2) with respect to tow and storage services shall be determined in accordance with the prescribed requirements, if any.

   2.  Section 4 of the Act is amended by adding the following subsections:

Tow and storage services

   (3.0.1)  Except as otherwise provided for in the regulations, if the storage or storage and repair includes one or more tow and storage services in respect of which Part VI.1 of the Consumer Protection Act, 2002 applies, no lien arises with respect to those services if the storer fails to comply with the prescribed provisions of that Part, if any.

.     .     .     .     .

Amount, tow and storage

   (3.2)  In cases where Part VI.1 of the Consumer Protection Act, 2002 applies, the amount of a storer's lien under subsection (3) with respect to the tow and storage services shall be determined in accordance with the prescribed requirements, if any.

   3.  Part I of the Act is amended by adding the following section:

Regulations

   6.1  The Lieutenant Governor in Council may make regulations respecting anything that may be prescribed or provided for in the regulations for the purposes of this Part.

Commencement

   4.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 3
highway traffic act

   1.  (1)  The definition of "commercial motor vehicle" in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

"commercial motor vehicle", unless otherwise defined by regulation, means a motor vehicle having attached to it a truck or delivery body and includes an ambulance, a hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes on a highway; ("véhicule utilitaire")

   (2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

"compensation" includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly; ("rémunération")

"CVOR certificate" means a Commercial Vehicle Operator's Registration Certificate issued under section 17; ("certificat d'immatriculation UVU")

"goods" includes all classes of materials, wares and merchandise and livestock; ("biens")

"safety record" means the safety record of an operator, as defined in subsection 16 (1), determined in accordance with the regulations made under section 22; ("fiche de sécurité")

   (3)  Section 1 of the Act is amended by adding the following subsection:

Definition of "commercial motor vehicle"

   (10)  The Lieutenant Governor in Council may make regulations defining "commercial motor vehicle" differently from its definition in subsection (1) for the purposes of any Part or provision of this Act.

   2.  (1)  Clause 5.1 (1) (a) of the Act is amended by striking out "administrative monetary penalties" and substituting "administrative penalties".

   (2)  Clause 5.1 (1) (b) of the Act is amended by striking out "an administrative monetary penalty" and substituting "an administrative penalty".

   (3)  Subsection 5.1 (2) of the Act is amended by striking out "an administrative monetary penalty" and substituting "an administrative penalty".

   3.  (1)  The definitions of "commercial motor vehicle", "compensation", "CVOR certificate", "goods" and "safety record" in subsection 16 (1) of the Act are repealed.

   (2)  Subsection 16 (3) of the Act is repealed and the following substituted:

Documents to be carried

   (3)  Every driver of a commercial motor vehicle shall carry,

  (a)  the original or a copy of the CVOR certificate issued to the operator of the vehicle or, if it is a leased vehicle, the original or a copy of the lease that meets the requirements of subsection (5);

  (b)  if the operator has been issued fleet limitation certificates, an original fleet limitation certificate; and

   (c)  any other prescribed document, in its original form or as a copy, as prescribed.

   4.  Subsections 17 (3.1) and (3.2) of the Act are repealed.

   5.  The Act is amended by adding the following section:

Refusal to issue, replace or renew CVOR certificates

Non-payment of fees, fines, penalties

   17.0.2  (1)  The Registrar may refuse to issue, replace or renew a CVOR certificate if the applicant owes an outstanding fee, fine or administrative penalty, or any interest or penalty that is in respect of such a fee, fine or penalty, under this Act, the Provincial Offences Act, the Public Vehicles Act or the Motor Vehicle Transport Act, 1987 (Canada).

Subject to terms or conditions or invalid for more than 12 months

   (2)  The Registrar shall refuse to renew a CVOR certificate,

  (a)  that was issued subject to any terms or conditions pursuant to subsection 17 (1.1); or

  (b)  that has been invalid for more than 12 months before the application for renewal is received by the Registrar.

Prescribed reason

   (3)  The Registrar may refuse to issue, replace or renew a CVOR certificate for any other reason that may be prescribed.

   6.  Section 18 of the Act is repealed.

   7.  Section 19 of the Act is amended by striking out "sections 18 and 20" at the end and substituting "section 20".

   8.  Subsection 21 (1) of the Act is repealed and the following substituted:

Offences, commercial motor vehicles

   (1)  Every person who contravenes subsection 16 (3) or (4) or section 20 or a regulation made under subsection 22 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.

   9.  The Act is amended by adding the following section:

Administrative penalties

Purpose

   21.1  (1)  An administrative penalty may be imposed under this section in order to promote compliance with this Act and the regulations.

Order imposing administrative penalties

   (2)  If a prescribed authorized person is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a prescribed provision of this Act or of the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

May only be imposed on prescribed persons

   (3)  An administrative penalty may only be imposed on a person who belongs to a prescribed class.

May be imposed with other measures

   (4)  An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act; however, an administrative penalty may not be imposed if the person is charged with an offence under this Act in respect of the same contravention or failure to comply.

Limitation

   (5)  An administrative penalty may only be imposed within the prescribed time period.

No right to be heard

   (6)  There is no right to be heard before an order imposing an administrative penalty is made.

Appeal

   (7)  A person who is subject to an order imposing an administrative penalty may, in accordance with the regulations, appeal the order to a person prescribed for the purpose of this subsection and the prescribed person may confirm, vary or set aside the order.

Same

   (8)  An appeal commenced under subsection (7) operates as a stay of the order until the matter is finally disposed of.

Parties to judicial review

   (9)  The parties to any judicial review brought in respect of this section are the Registrar and the person subject to the order imposing an administrative penalty.

Maximum administrative penalty

   (10)  An administrative penalty shall not exceed $20,000 or such lesser amount as may be prescribed.

Enforcement

   (11)  If a person fails to pay an administrative penalty in accordance with the terms of the order imposing the penalty, the Minister may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court.

Same

   (12)  For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order.

Same

   (13)  An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such.

Regulations

   (14)  The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under this section and, without limiting the generality of the foregoing, may make regulations,

  (a)  prescribing authorized persons for the purpose of subsection (2);

  (b)  prescribing provisions of this Act and of the regulations for the purpose of subsection (2);

   (c)  prescribing classes of persons who may be subject to an order under subsection (2);

  (d)  prescribing persons for the purpose of subsection (7);

  (e)  prescribing the amount of a penalty, or method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;

   (f)  authorizing a person prescribed under clause (a) to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection (2), including prescribing that the criteria may include aggravating or mitigating factors;

  (g)  authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues;

  (h)  authorizing higher penalties (not to exceed the maximum penalty established under subsection (10) or prescribed under clause (k)) for a second or subsequent contravention or failure to comply;

    (i)  governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Registrar to approve a plan of periodic payments that extends beyond the deadline;

    (j)  authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;

   (k)  prescribing a lesser maximum penalty and the provisions of this Act or of the regulations to which the lesser maximum penalty applies for the purpose of subsection (10);

    (l)  prescribing and governing procedures for making and serving an order under this section, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario;

(m)  governing the appeal of an order under subsection (7), including establishing procedures for commencing and conducting an appeal, establishing time limits for the stages of an appeal and authorizing the person prescribed under clause (d) to extend any time limit, prescribing that the appeal must or may be conducted orally, electronically or in writing or authorizing the person prescribed under clause (d) to make that determination and prescribing fees to be paid to commence an appeal.

   10.  (1)  Subsection 22 (1) of the Act is amended by adding the following clause:

  (a)  prescribing standards and specifications for the use, operation and maintenance of commercial motor vehicles, or any class of them;

   (2)  Clause 22 (1) (d) of the Act is repealed and the following substituted:

  (d)  prescribing requirements, qualifications and standards for owners, operators and drivers of commercial motor vehicles, or any class of them, including requirements, qualifications and standards to obtain, renew and hold a CVOR certificate, and authorizing the Registrar to waive any requirements, qualifications or standards that are specified in the regulations under the circumstances specified in the regulations;

(d.1) prescribing reasons to refuse to issue, replace or renew a CVOR certificate for the purpose of subsection 17.0.2 (3);

   (3)  Clauses 22 (1) (f) and (g) of the Act are repealed and the following substituted:

   (f)  respecting documents and information to be filed with or supplied to the Ministry by owners, operators and drivers of commercial motor vehicles, prescribing the time or times or circumstances when such information is to be provided, governing the form and manner in which such information must be provided and, with respect to owners who are applicants for a CVOR certificate and operators, requiring the information prior to the issuance or renewal of CVOR certificates or as a condition of retention of CVOR certificates;

(f.1)  prescribing and governing documents and records to be kept by owners, operators and drivers of commercial motor vehicles, or any class of them, and governing the retention of such documents and records;

  (g)  prescribing documents for the purpose of clause 16 (3) (c) and prescribing whether each prescribed document may or must be carried in its original form or as a copy;

   (4)  Subsection 22 (1) of the Act is amended by adding the following clauses:

(i.1)  requiring specified classes of owners and operators to install or to carry in their commercial motor vehicles, or in some of their commercial motor vehicles, as specified in the regulation, a device that is capable of recording and transmitting data about the operation of the vehicle and the conduct of the driver, prescribing standards and specifications for the device and requiring and governing its use;

.     .     .     .     .

(m)  exempting any class of owners, operators, drivers or vehicles from any requirement of sections 16 to 23 or of a regulation made under this subsection, and prescribing circumstances and conditions for any such exemption.

   11.  (1)  Subsection 32 (14) of the Act is amended by adding the following clause:

(m.1)   providing that a driver's licence or an endorsement cannot be issued or renewed if the applicant or holder of the licence or endorsement has not paid an administrative penalty imposed under section 21.1;

   (2)  Subsection 32 (17) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   12.  Subsection 39.1 (11) of the Act is repealed and the following substituted:

Definition

   (11)  In this section,

"owner" means, in the absence of evidence to the contrary, the holder of the permit or the plate portion of the permit for the vehicle.

   13.  Clause 41.2 (13) (a) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   14.  Clause (b) of the definition of "operator" in subsection 41.4 (25) of the Act is amended by striking out "as defined in subsection 16 (1)".

   15.  (1)  Subsection 47 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Suspension and cancellation of licence, etc., general

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

.     .     .     .     .

   (2)  Section 47 of the Act is amended by adding the following subsections:

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.

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.

   (3)  Clause 47 (8) (b) of the Act is repealed and the following substituted:

  (b)  who operates a commercial motor vehicle without a permit or certificate or when their permit or certificate is under suspension or cancelled,

   (4)  Subsection 47 (9) of the Act is repealed and the following substituted:

Definition

   (9)  For the purposes of this section and section 47.1,

"operator" has the same meaning as in subsection 16 (1).

   (5)  Section 47 of the Act is amended by adding the following subsection:

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).

   16.  Clause (b) of the definition of "operator" in subsection 48.4 (25) of the Act is amended by striking out "as defined in subsection 16 (1)".

   17.  (1)  Subsection 50 (1) of the Act is amended by striking out "a decision of the Registrar" and substituting "a decision or order of the Registrar".

   (2)  Section 50 of the Act is amended by adding the following subsection:

Immediate suspension, cancellation of CVOR certificate not stayed

   (1.1)  Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (1) in respect of an order immediately suspending or cancelling a CVOR certificate pursuant to subsection 47 (2.2) does not stay the order, unless the Tribunal orders otherwise.

   (3)  Subsection 50 (2) of the Act is amended by adding "or order" after "the decision".

   (4)  Subsection 50 (3) of the Act is amended by striking out "or a decision of the Registrar" and substituting "or an order of the Registrar".

   (5)  Subsection 50 (3.1) of the Act is repealed and the following substituted:

Appeal to Divisional Court

   (3.1)  Every person aggrieved by a decision of the Tribunal with respect to a decision or order of the Registrar under section 17 or 47, other than an order under clause 47 (1) (b), may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court.

   18.  Subsection 50.3 (13) of the Act is repealed and the following substituted:

Definitions

   (13)  In this section,

"operator", "owner" and "permit" have the same meanings as in section 82.1.

   19.  Clause (b) of the definition of "operator" in subsection 55.1 (40) of the Act is amended by striking out "as defined in subsection 16 (1)".

   20.  Clause (b) of the definition of "operator" in subsection 55.2 (25) of the Act is amended by striking out "as defined in subsection 16 (1)".

   21.  Subsection 58 (12) of the Act is repealed.

   22.  Subsection 62 (33) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   23.  Subsection 64 (9) of the Act is amended by striking out "within the meaning of subsection 16 (1)" wherever it appears.

   24.  Subsection 66 (6) of the Act is amended by striking out "within the meaning of subsection 16 (1)" wherever it appears.

   25.  Clause 68.1 (11) (a) of the Act is repealed.

   26.  Subsection 70 (4.1) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   27.  Subsection 80 (2) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   28.  (1)  The definition of "commercial motor vehicle" in subsection 82 (1) of the Act is repealed.

   (2)  Clause (b) of the definition of "operator" in subsection 82 (1) of the Act is amended by striking out "as defined in subsection 16 (1)".

   29.  (1)  The definition of "commercial motor vehicle" in subsection 82.1 (1) of the Act is repealed.

   (2)  Clause (b) of the definition of "operator" in subsection 82.1 (1) of the Act is amended by striking out "as defined in subsection 16 (1)".

   30.  Subsection 84 (2) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   31.  Clause (b) of the definition of "operator" in subsection 84.1 (7) of the Act is amended by striking out "as defined in subsection 16 (1)".

   32.  (1)  Subsection 103 (1) of the Act is repealed and the following substituted:

Commercial motor vehicles, further provisions

Name of owner on commercial motor vehicles

   (1)  Every commercial motor vehicle shall have attached to or painted on both sides of the vehicle in a clearly visible position a sign showing the name of the owner.

   (2)  Section 103 of the Act is amended by adding the following subsections:

Regulations

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

  (a)  prescribing requirements, standards and specifications for the identification of commercial motor vehicles, or any class of them, including markings and lights, in addition to the identification requirements in subsection (1);

  (b)  requiring additional equipment for commercial motor vehicles, or any class of them, prescribing standards and specifications for any equipment required by this Act or by regulation and prescribing standards and specifications for the use, operation and maintenance of any such equipment.

Same

   (8)  The Minister may by regulation designate any vehicle or class of vehicles to which subsection (1) does not apply.

   33.  Clause 107 (18) (a) of the Act is repealed and the following substituted:

  (a)  defining "operator" for the purposes of this section;

   34.  Subsection 109 (15.1) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   35.  Subsection 111 (5) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   36.  (1)  Subsection 124 (5) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

   (2)  Subsection 124 (6) of the Act is amended by striking out "within the meaning of subsection 16 (1)" in the portion before clause (a).

   37.  Clause (b) of the definition of "operator" in subsection 134.1 (5) of the Act is amended by striking out "as defined in subsection 16 (1)".

   38.  Clause 154.2 (5) (h) of the Act is amended by striking out "as defined in subsection 16 (1)".

   39.  Section 171 of the Act is amended by adding the following subsections:

Other prohibited activities

   (3.1)  No driver of a tow truck, or other person who is in charge of a tow truck, shall engage in an activity prohibited by regulation.

.     .     .     .     .

Regulations

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

  (a)  defining "tow truck" for the purposes of this section;

  (b)  prescribing prohibited activities for the purpose of subsection (3.1), prescribing conditions and circumstances when the prohibitions apply or do not apply, exempting any class of persons or of vehicles from any such prohibition, and prescribing conditions and circumstances for any such exemption.

   40.  Subsection 190 (1) of the Act is repealed and the following substituted:

Commercial motor vehicles, driving rules

   (1)  In this section and in sections 191 and 191.0.1,

"operator" has the same meaning as in subsection 16 (1).

   41.  Subsection 191.0.1 (7) of the Act is repealed.

   42.  Section 191.9 of the Act is repealed and the following substituted:

Definitions

   191.9  In this Part,

"lessee" means a person who leases or rents a motor vehicle or street car for any period of time; ("locataire")

"operator" has the same meaning as in subsection 16 (1). ("utilisateur")

   43.  Subsection 192 (5) of the Act is amended by striking out "as defined in subsection 16 (1)".

   44.  Subsection 193 (5) of the Act is repealed and the following substituted:

Definition

   (5)  In this section,

"motor vehicle" includes a street car.

   45.  (1)  Subclause 205 (1) (c) (iii) of the Act is amended by adding "renewed" after "issued".

   (2)  Clause 205 (1) (c) of the Act is amended by adding the following subclause:

  (iii.0.1)  a record of all administrative penalties imposed under section 21.1,

   46.  Subsection 227 (1) of the Act is amended by striking out "as defined in subsection 16 (1) of this Act".

Bill 173 - Highway Traffic Amendment Act (Keeping Ontario's Roads Safe), 2014

   47.  (1)  This section applies only if Bill 173 (Highway Traffic Amendment Act (Keeping Ontario's Roads Safe), 2014), introduced on March 17, 2014, receives Royal Assent.

   (2)  References in this section to provisions of Bill 173 are references to those provisions as they were numbered in the first reading version of the Bill.

   (3)  On the first day that subsection 3 (1) of this Schedule and subsection 11 (4) of Bill 173 are both in force, subsection 57 (20) of the Highway Traffic Act, as enacted by subsection 11 (4) of Bill 173, is amended by striking out "within the meaning of subsection 16 (1)".

Commencement

   48.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

EXPLANATORY NOTE

Various Acts are amended.

The Consumer Protection Act, 2002 is amended to regulate consumer transactions involving tow and storage services.

As examples, rules are provided for respecting:

    1.   Disclosure of information to consumers.

    2.   Requirements that tow and storage services provided to consumers be authorized.

    3.   Deviating from estimated payment amounts.

    4.   The provision of itemized invoices.

    5.   Insurance requirements.

    6.   Publication of rates.

    7.   A Tow and Storage Consumers Bill of Rights.

    8.   Requirements that consumers be allowed to remove personal property from towed or stored vehicles.

    9.   The establishment of qualifications for tow and storage providers.

The Act is also amended to provide for the appointment of inspectors and inspection powers, and to permit the Director to establish policies regarding the interpretation, administration and enforcement of the Act.

The Repair and Storage Liens Act is amended to reflect the amendments to the Consumer Protection Act, 2002.

The Highway Traffic Act is amended in two main areas: the regulation of commercial motor vehicles and tow trucks and enforcement of the Act generally by the addition of administrative penalties.

In respect of commercial motor vehicles, the Act is amended as follows:

    1.   To repeal the definition of "commercial motor vehicle" in subsection 16 (1) of the Act and replace it with the authority to define the term by regulation.

    2.   To move other definitions related to "commercial motor vehicle" ("compensation", "CVOR certificate", "goods" and "safety record") from subsection 16 (1) to subsection 1 (1), so that they apply to the whole Act and not only to sections 16 to 23.1, as currently provided.

    3.   To provide for additional regulation of commercial motor vehicles.  Provisions and regulation-making powers are added: prescribing requirements, qualifications and standards for commercial motor vehicles and for owners, operators and drivers of commercial motor vehicles; respecting documents and information to be carried by drivers and to be filed with the Ministry; adding grounds to refuse to issue, replace or renew a CVOR certificate; and requiring specified classes of owners and operators of commercial motor vehicles to install in their vehicles devices that are capable of recording and transmitting data about vehicle operation and driver conduct.

    4.   To allow the Registrar of Motor Vehicles to order the immediate suspension or cancellation of a CVOR certificate where the Registrar has reason to believe that the certificate holder's safety record or failure to comply with any Act demonstrates a significant risk to road safety and that it is in the public interest that the operator immediately cease operating all commercial motor vehicles.

    5.   To prohibit drivers and other persons in charge of tow trucks from engaging in activities prescribed by regulation.

In respect of general enforcement, the Act is amended to provide for the imposition of administrative penalties for the contravention of prescribed provisions of the Act and regulations.  The amount of the penalties may not exceed $20,000.