ontario regulation 397/08

made under the

highway traffic act

Made: November 5, 2008
Filed: November 10, 2008
Published on e-Laws: November 12, 2008
Printed in The Ontario Gazette: November 29, 2008


Amending O. Reg. 424/97

(Commercial Motor Vehicle Operators’ Information)

1. (1) Subsection 1 (1) of Ontario Regulation 424/97 is amended by adding the following definition:

“fleet” means all the commercial motor vehicles operated in Ontario by the holder of a CVOR certificate for which number plates have been issued by Ontario or by a state of the United States of America.

(2) The definition of “fleet size” in subsection 1 (2) of the Regulation is revoked and the following substituted:

“fleet size” means the total number of commercial motor vehicles operated in Ontario by the holder of a CVOR

certificate for which number plates have been issued by Ontario or by a state of the United States of America.

2. Sections 2 and 3 of the Regulation are revoked and the following substituted:

2. (1) Subject to subsection (2), a CVOR certificate that is issued on or after December 1, 2008 expires,

(a) on the second anniversary of the date of its issue if it is issued before December 1, 2009;

(b) on the first anniversary of the date of its issue if it is issued on or after December 1, 2009.

(2) A CVOR certificate that is issued on or after December 1, 2008 subject to terms and conditions expires on a date assigned by the Registrar, which must be between six months and 24 months after the date of its issue.

2.1 (1) Subject to subsections (2) and (3), a renewed CVOR certificate expires on the next anniversary of the CVOR certificate’s expiry date.

(2) If a CVOR certificate to which the Registrar assigned an expiry date under subsection 17 (5.1) of the Act is renewed, the expiry date of the renewed CVOR certificate is,

(a) the second anniversary of the CVOR certificate’s expiry date, if the expiry date was assigned before December 1, 2009;

(b) the first anniversary of the CVOR certificate’s expiry date, if the expiry date was assigned on or after December 1, 2009.

(3) If, at the time a CVOR certificate is renewed, the operator’s safety rating is Excellent or Satisfactory, or if the Registrar has sent a notice under subsection 17.1 (2) of the Act proposing a safety rating of Excellent or Satisfactory, the renewed CVOR certificate expires on the second anniversary of the CVOR certificate’s expiry date.

(4) Subsection (3) does not apply if the application for renewal is completed after the expiry of the CVOR certificate.

3. (1) Notice of an expiry date assigned under subsection 17 (5.1) of the Act and notice of a proposed revocation of a CVOR certificate under subsection 17.0.1 (2) of the Act may be served on the operator at the most recent address or fax number for the operator in the Ministry’s records,

(a) personally;

(b) by regular mail; or

(c) by fax.

(2) The notice shall be deemed to have been served on the operator,

(a) on the day it was personally served;

(b) on the fifth day after it was mailed;

(c) on the day it was sent by fax, if sent before 5 p.m.;

(d) on the day after it was sent by fax, if sent at or after 5 p.m.

(3) If the day described in clause (2) (b), (c) or (d) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday.

3. (1) Subparagraph 10 i of subsection 5 (1) of the Regulation is amended by striking out “the Trades Qualifications and Apprenticeship Act” and substituting “the Apprenticeship and Certification Act, 1998”.

(2) Paragraphs 15 and 16 of subsection 5 (1) of the Regulation are revoked and the following substituted:

15. The total kilometres travelled by the fleet operated by the operator in each of,

i. Ontario,

ii. Canada outside Ontario, and

iii. outside Canada.

16. The total kilometres of projected travel by the fleet operated by the operator, as reported by the operator at any time, in each of,

i. Ontario,

ii. Canada outside Ontario, and

iii. outside Canada.

4. Sections 6 and 7 of the Regulation are revoked and the following substituted:

6. Every holder of a CVOR certificate shall notify the Registrar of the holder’s fleet size for the previous 12 months within 15 days after the day the holder’s fleet size is 20 per cent greater or less than it was when the fleet size was last reported to the Registrar.

7. (1) The Registrar may at any time request that a holder of a CVOR certificate provide any or all of the following information or records to the Registrar:

1. The holder’s fleet size.

2. The number of buses, trucks or other types or classes of commercial motor vehicles, as specified by the Registrar, in the holder’s fleet.

3. The total kilometres travelled by the holder’s fleet in the period specified by the Registrar.

4. The total kilometres of projected travel by the holder’s fleet in the period specified by the Registrar.

5. Any change in the information provided by the operator in the operator’s application for a CVOR certificate or pursuant to a previous request under this section.

6. Documentation to support the information provided by the operator under section 6 or under this section.

(2) A request from the Registrar under subsection (1) shall be made in writing and shall be sent to the holder of the CVOR certificate by mail, courier or fax at the holder’s most recent address or fax number in the Ministry’s records.

(3) Upon receipt of a request made under subsection (1), a holder of a CVOR certificate shall provide the requested information or records within the time or by the date specified by the Registrar, which may not be less than 15 days after the date of the request.

(4) Compliance with subsection (3) is a condition of retaining a CVOR certificate.

5. Subsection 11 (2) of the Regulation is revoked and the following substituted:

(2) The Registrar shall not assign an Excellent rating to an operator unless,

(a) the operator’s safety record contains the results of an audit completed within the previous 36 months; and

(b) the operator,

(i) has held a CVOR

certificate for the previous 24 months, or

(ii) has satisfied the Registrar that the operator has been operating in Ontario for the previous 24 months and has obtained a CVOR certificate.

(3) The Registrar shall not assign an Excellent rating to an operator whose rating had previously been reduced from Excellent unless,

(a) more than six months have passed since the rating was reduced from Excellent; and

(b) the operator satisfies clauses (2) (a) and (b).

6. Subsection 12 (2) of the Regulation is revoked and the following substituted:

(2) The Registrar shall not assign a Satisfactory rating to an operator rated Conditional or Satisfactory Unaudited unless,

(a) the operator’s safety record contains the results of an audit completed within the previous 36 months; and

(b) the operator,

(i) has held a CVOR

certificate for the previous six months, or

(ii) has satisfied the Registrar that the operator has been operating in Ontario for the previous six months and has obtained a CVOR certificate.

7. This Regulation comes into force on the later of December 1, 2008 and the day this Regulation is filed.