ontario regulation 281/12
made under the
Highway Traffic Act
Made: September 12, 2012
Filed: September 21, 2012
Published on e-Laws: September 21, 2012
Printed in The Ontario Gazette: October 6, 2012
Amending O. Reg. 424/97
(COMMERCIAL MOTOR VEHICLE OPERATORS’ INFORMATION)
1. Ontario Regulation 424/97 is amended by adding the following section:
1.3 (1) A CVOR certificate shall not be issued to an operator unless an individual, on behalf of the operator, has successfully completed an examination described in subsection (2) not more than six months before the operator’s application for a CVOR certificate is received by the Ministry.
(2) The examination shall be set or approved by the Ministry for the purpose of testing knowledge of the safe operation of commercial motor vehicles and of the statutory and regulatory requirements applicable to the operation of commercial motor vehicles.
(3) For the purposes of subsection (1), the following are individuals who may take the examination on behalf of an operator:
1. If the operator is a sole proprietor, the operator.
2. If the operator is a corporation, an officer of the corporation.
3. If the operator is an unincorporated organization, an employee of the operator who has responsibility for the operator’s safety management.
(4) Despite paragraph 2 of subsection (3), if the Registrar considers it impractical for an officer to take the examination on behalf of a corporate operator, the Registrar may waive that requirement; in that case, an employee of the corporation who has responsibility for the operator’s safety management may take the examination on behalf of the operator.
(5) For greater certainty, an individual is considered to have successfully completed the examination only on behalf of the operator applying for the CVOR certificate. An individual who has successfully completed the examination on behalf of an operator is not considered to have successfully completed the examination on behalf of another operator.
(6) The following operators are exempt from the examination requirement of this section:
1. An operator seeking renewal of a CVOR certificate.
2. An operator that held a valid CVOR certificate at any time within the previous three years before the application is received by the Ministry.
3. An operator whose principal place of business is not in Ontario.
(7) The fee for taking the examination, whether or not it is successfully completed, is $32.
(8) This section applies to applications for CVOR certificates received on or after October 1, 2013.
2. This Regulation comes into force on the day it is filed.