Notice

Periodically, temporary applications are filed with the Board. Details of these applications can be made available at anytime to any interested parties by calling (416) 326-6732.

The following are applications for extra-provincial and public vehicle operating licenses filed under the Motor Vehicle Transport Act, 1987, and the Public Vehicles Act. All information pertaining to the applicant i.e. business plan, supporting evidence, etc. is on file at the Board and is available upon request.

Any interested person who has an economic interest in the outcome of these applications may serve and file an objection within 29 days of this publication. The objector shall:

  1. complete a Notice of Objection Form,
  2. serve the applicant with the objection,
  3. file a copy of the objection and provide proof of service of the objection on the applicant with the Board,
  4. pay the appropriate fee.

Serving and filing an objection may be effected by hand delivery, mail, courier or facsimile. Serving means the date received by a party and filing means the date received by the Board.

Notice

The Board now has a web site. The address is www.ohtb.gov.on.ca. All forms, enabling legislation, practices and procedures and the All Call Rule policy is available on the web site.

Felix D’Mello
Board Secretary

Notice

Practice & Procedure P.P.017/Mar/2001

Subject:

Regulation 982, Sections 7 (4) and (5) under the Public Vehicles Act, commonly referred to as the “All Call Rule”. These Sections permit licensed carriers to operate in areas for which they hold no authority; but only under certain conditions.

Objective:

To ensure that all licensees understand the procedure being established and also to ensure that the process is fair and equitable.

Comment:

To date, the Board’s interpretation of these Sections of the Regulation has been:

  • that all licensed carriers be called for each trip;
  • there must be evidence of the call;
  • there must be sufficient information about the trip; and
  • that reasonable notice be provided.

This interpretation has been frustrating to licensees as no data base of the names of carriers and their authorities is currently available. Reasonable notice is not defined and the details and record of the request are not outlined and retained. This has resulted in numerous contraventions of the Regulation and subsequent sanctions by the Board.

To resolve this situation, the Board, with the co-operation of the carriers through a written survey, has developed a data base of chartered trip authorities. The Board’s web-site address is ohtb@mto.gov.on.ca

Under the icon “All Call Rule”, all licensees and other interested parties will henceforth be able to locate the names and addresses of licensed carriers for each municipality in Ontario.

In addition, the Board held meetings across the Province to meet with licensees to listen to their comments and suggested solutions. The meetings were well attended. The opinions expressed can be summarized as follows:

  • the request for equipment must be:
    1. timely,
    2. made by facsimile,
    3. made for each trip,
    4. made to all licensees in each municipality save and except for Toronto.
  • the request should be made on a standard form outlining the data required, i.e. the date, origin and destination of the trip, type of equipment and services required, and the name and address of the contact person.
  • last minute requests should be avoided.
  • the vehicle and service to be provided must be comparable to what is requested.
  • the rates to be charged must be within reason when compared to the going market rate and rates must not be a factor to circumvent the All Call Rule.
  • a specially designed vehicle should not be the criteria to circumvent the All Call Rule.
  • the All Call Rule applies to all classes of vehicle.
  • the reply to the request must be answered immediately.
  • last minute cancellations by a licensee must not be permitted.
  • concerns of including/excluding carriers who have not taken part in the survey.
  • should information provided to the Board be accepted at face value or verified.
  • should tour operators, who are relying solely on the web-site, be held responsible if they have been misled by a licensee.
  • the “All Call Rule” should be used rarely rather than on a regular basis and not used to enhance competition or circumvent regulations.

The concerns and questions expressed are reasonable and legitimate and must be considered by the Board. After all, the Regulation states “reasonable enquiry.” As the Board may ultimately have to adjudicate on these matters, i.e. Section 8 (interpretation of licenses) and Sections 10 and 11, (review and sanctions) the Board cannot volunteer any answers to these questions. However, should parties not be reasonable in the whole process, the Board can only say that it may be, to the parties detriment. The regulations are to serve the public need and licensees are expected to keep that in mind at all times.

Procedure:

The Request shall:

  • be made for each trip;
  • be made for all class of vehicles;
  • be made at least 7 days in advance of the trip, (except in extremely unusual circumstances);
  • be in writing and must be transmitted by facsimile and proof of transmittal must be retained;
  • indicate the class and type of vehicle required;
  • state the date required, the point of origin, destination, name and address of contact person and additional service (if any) required;
  • be made to every licensed carrier in the municipality from which the authority is sought, save and except for Toronto; and
  • before undertaking the trip from Toronto inquire of Greyhound Canada Transportation Corp., Trentway-Wagar Inc., Penetang-Midland Coach Lines Limited, P.W. Transportation Ltd., Tokmakjian Limited O/A Can-Ar Coach and at least five other carriers.

The Reply shall:

  • be by facsimile within 24 hours of the request and proof of transmittal must be retained;
  • state the availability of equipment and service;
  • indicate the rate to be charged for the service;
  • state that the carrier has the authority to provide the service and
  • provide the name and address of the contact person.

A suggested sample of a request and reply form is attached.

Effective Date:

Immediately

All Call Rule Request

Name of party making request _____________________________________________________

Address_______________________________________________________________________

Telephone #______________________________ Fax # _________________________________

Contact Person _________________________________________________________________

Class & number of vehicle(s) required _______________________________________________

Origin ________________________________________________________________________

Destination ______________________________ Date(s) required ________________________

Do you have the legal authority to provide the service? Rate for service ___________________

Additional service required (if any): _________________________________________________

Date & Time of Request __________________________________________________________

– – – – – – – – – – – –

All Call Rule Request

Name of licensee _______________________________________________________________

Address _______________________________________________________________________

Telephone #_____________________________ Fax #_________________________________

Contact Person _________________________________________________________________

Class & number of vehicle(s) Yes  No  ____________________ Rate for service___________

Legal authority to provide the service Yes  No 

Date & Time of Reply ____________________________________________________________