Highway Traffic Act
Code de la route
ONTARIO REGULATION 473/07
LICENCES FOR DRIVING INSTRUCTORS AND DRIVING SCHOOLS
Historical version for the period September 1, 2013 to October 31, 2013.
Last amendment: O. Reg. 245/13.
This Regulation is made in English only.
CONTENTS
PART I | |
Interpretation | |
PART II | |
Prescribed class of driving instruction | |
Authorization to provide driving instruction | |
Requirements for driving instructor licence | |
Application for driving instructor licence | |
Term of initial driving instructor licence | |
Renewal of driving instructor licence | |
Fees | |
Fee adjustment — Consumer Price Index | |
Transition | |
Refusal to renew or revocation of driving instructor licence | |
Licence to be displayed | |
Instruction must be for licensed driving school | |
Consent to Ministry | |
Information to Ministry | |
Students’ licences not to be retained | |
PART III | |
Prescribed classes of driving instruction | |
Authorization to operate driving school | |
Licence specific to school | |
Requirements for driving school licence | |
Term of initial driving school licence | |
Renewal of driving school licence | |
Refusal to renew or revocation of driving school licence | |
Licence to be displayed | |
Approval for premises | |
Driving instructors | |
Requirements re classroom driving instruction | |
Requirements re driver education course | |
Vehicles | |
Students’ licences not to be retained | |
Driver education certificates | |
Issuance of electronic driver education certificates | |
Issuance of paper driver education certificates | |
Fees for driver education certificates | |
Information to Ministry | |
Recordkeeping | |
Electronic records | |
Return of records, etc., on ceasing to be licensed | |
PART IV | |
Right to be heard — circumstances | |
PART V | |
Service | |
Interpretation
“Class G motor vehicle” means a Class G motor vehicle within the meaning of the Table to subsection 2 (1) of O. Reg. 340/94;
“electronic driver education certificate” means an electronic record, maintained by the Ministry, of a student’s successful completion of a course of driving instruction provided by a driving school;
“old regulation” means Regulation 586 of the Revised Regulations of Ontario, 1990 (Driving Instructor’s Licence) made under the Act, as it read on November 30, 2007;
“O. Reg. 340/94” means Ontario Regulation 340/94 (Drivers’ Licences) made under the Act;
“paper driver education certificate” means a certificate provided by the Ministry to a driving school on or after December 1, 2007 and before November 1, 2008 for the purpose of being issued by the driving school to a student on successful completion of a course of driving instruction provided by the driving school. O. Reg. 473/07, s. 1 (1); O. Reg. 347/08, s. 1.
(2) A reference in this Regulation to a prescribed class of driving instruction is to a class of driving instruction prescribed under section 2 or 15, as the case may be. O. Reg. 473/07, s. 1 (2).
(3) For greater certainty, a school board that provides driving instruction as a business or as part of a driver education course approved by the Ministry is a driving school. O. Reg. 473/07, s. 1 (3).
PART II
DRIVING INSTRUCTOR LICENCES
Prescribed class of driving instruction
2. In-vehicle driving instruction in the operation of a Class G motor vehicle provided to a holder of a Class G1, G2 or G driver’s licence is a class of driving instruction that an individual must be authorized to provide for the purpose of subsection 58 (1) of the Act. O. Reg. 473/07, s. 2.
Authorization to provide driving instruction
3. The holder of a valid driving instructor licence is authorized to provide instruction in the prescribed class of in-vehicle driving instruction. O. Reg. 473/07, s. 3.
Issuance and Renewal of Licences
Requirements for driving instructor licence
4. (1) An applicant must satisfy the following requirements for the issue of a driving instructor licence:
1. The applicant has the ability to operate, and to instruct in the safe operation of, a Class G motor vehicle.
2. The applicant meets the requirements of subsection 5 (2) of O. Reg. 340/94 to be an accompanying driver, other than by virtue of being licensed as a driving instructor in Ontario.
3. The applicant successfully completed, not more than one year before the date of the application, the examinations referred to in clauses 15 (1) (a) and (b) and subsection 15 (2) of O. Reg. 340/94.
4. The applicant satisfies the Minister, not more than one year before the date of the application, that he or she meets the requirements of subsection 18 (2) of O. Reg. 340/94.
5. The applicant does not have any accumulated demerit points on his or her driving record.
6. The applicant’s driver’s licence has not been under suspension at any time in the preceding two years,
i. as a result of being found guilty or convicted of an offence under section 9 or 53, subsection 128 (15) or section 130, subsection 172 (2) or section 200 or 216 of the Act,
ii. as a result of being found guilty or convicted of an offence under section 2 of the Compulsory Automobile Insurance Act,
iii. as a result of being found guilty or convicted of an offence under the Criminal Code (Canada) committed by means of a motor vehicle or while driving or having the care or control of a motor vehicle, or of a comparable offence in another jurisdiction, or
iv. pursuant to section 48 or 48.3 or subsection 172 (6) of the Act.
7. The applicant is not, on the date of the application, subject to a charge for an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163, 163.1, 167, 168, 170, 171, 172, 172.1, 173, 212, 271, 272 or 273 of the Criminal Code (Canada) or of a comparable offence in another jurisdiction.
8. The applicant has never been convicted or found guilty of an offence under the Criminal Code (Canada) listed in paragraph 7, or of a comparable offence in another jurisdiction.
9. The applicant has not been convicted or found guilty in the preceding five years of an offence under the Criminal Code (Canada), not including an offence listed in paragraph 7, or of a comparable offence in another jurisdiction.
10. The applicant has never been convicted or found guilty of an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act (Canada) or section 4 or 5 of the Narcotic Control Act (Canada), or of a comparable offence in another jurisdiction.
11. The applicant has not been convicted or found guilty in the preceding five years of an offence under the Controlled Drugs and Substances Act (Canada) or the Narcotic Control Act (Canada), not including an offence listed in paragraph 10, or of a comparable offence in another jurisdiction.
12. The applicant is not subject to a court order, conditions of parole or an undertaking to an officer in charge prohibiting him or her from,
i. possessing a weapon, or
ii. being alone with, in the presence of or in proximity to persons under any age that may be specified in the order, conditions or undertaking.
13. The applicant has successfully completed, not more than five years before the date of the application, a course for in-vehicle driving instructors approved by the Ministry.
14. Where the applicant has been licensed by another jurisdiction, the applicant’s driving record in that jurisdiction is comparable to that required by paragraph 5.
15. The applicant is a fit and proper person to be a driving instructor, having regard to the applicant’s character, integrity and past conduct. O. Reg. 473/07, s. 4 (1).
(2) Subject to section 35, the Minister shall refuse to issue a driving instructor licence to a person who does not satisfy the requirements of paragraphs 1 to 15 of subsection (1) and shall serve written notice of the refusal on the person. O. Reg. 473/07, s. 4 (2); O. Reg. 110/12, s. 1.
Application for driving instructor licence
5. (1) An applicant for a driving instructor licence shall submit, together with the application,
(a) Revoked: O. Reg. 110/12, s. 2.
(b) the fees required by subsection 8 (1); and
(c) any other material that the Minister may require as evidence that the applicant satisfies the requirements of subsection 4 (1). O. Reg. 473/07, s. 5 (1); O. Reg. 110/12, s. 2.
(2) An applicant for a driving instructor licence who has twice failed an examination for such licence under subsection 15 (2) of O. Reg. 340/94 is not eligible to take the examination again until one year has passed since the last failed examination. O. Reg. 473/07, s. 5 (2).
(3) An applicant for a driving instructor licence who has twice failed an examination for such licence under clause 15 (1) (a) of O. Reg. 340/94 is not eligible to take the examination again until one year has passed since the last failed examination. O. Reg. 347/08, s. 2.
Term of initial driving instructor licence
6. (1) The term of a driving instructor licence issued to an applicant for the first time under this Regulation shall be at least 13 months and shall expire on March 31 of the year in which it expires. O. Reg. 473/07, s. 6 (1).
(2) Despite subsection (1), a driving instructor licence that is deemed to be issued under section 9 expires on the date set out in the licence that was issued under the old regulation. O. Reg. 473/07, s. 6 (2).
Renewal of driving instructor licence
7. (1) Every renewal of a driving instructor licence shall be for a term of three years and shall expire on March 31 of the year in which it expires. O. Reg. 473/07, s. 7 (1).
(2) A driving instructor licence that is not renewed within one year after its expiry is not renewable and must be applied for again. O. Reg. 473/07, s. 7 (2).
(3) Section 6 applies with necessary modifications to a driving instructor licence that is applied for again as required by subsection (2). O. Reg. 473/07, s. 7 (3).
Fees
8. (1) The following fees are payable in respect of the issue, renewal or replacement of a driving instructor licence:
1. |
For examinations under clauses 15 (1) (a) and (b) and subsection 15 (2) of O. Reg. 340/94 |
$100 |
1.1 |
For the administration of examinations under clauses 15 (1) (a) and (b) and subsection 15 (2) of O. Reg. 340/94 described in paragraph 1 |
$10 |
2. |
For the issue or renewal of a driving instructor licence, per month, to the date of its expiry |
$1.33 |
3. |
Revoked: O. Reg. 245/13, s. 1 (1). |
$45 |
4. |
For replacement of a lost or destroyed driving instructor licence |
$10 |
O. Reg. 473/07, s. 8 (1); O. Reg. 173/12, s. 1 (1); O. Reg. 245/13, s. 1 (1).
Note: On November 1, 2013, paragraph 4 is revoked and the following substituted: (See: O. Reg. 245/13, ss. 1 (2), 2 (2))
4. |
For replacement of a lost or destroyed driving instructor licence |
$20 |
Note: On November 1, 2014, paragraph 4 is revoked and the following substituted: (See: O. Reg. 245/13, ss. 1 (3), 2 (3))
4. |
For replacement of a lost or destroyed driving instructor licence |
$25 |
Note: On November 1, 2015, paragraph 4 is revoked and the following substituted: (See: O. Reg. 245/13, ss. 1 (4), 2 (4))
4. |
For replacement of a lost or destroyed driving instructor licence |
$28 |
(2) The fees under paragraphs 1 and 1.1 of subsection (1) are due when the examinations are booked and are payable even if the time booked for taking the examinations passes without the examinations being taken. O. Reg. 173/12, s. 1 (2).
Fee adjustment — Consumer Price Index
8.1 (1) Beginning on September 1, 2014, and on every September 1 after that, the fee prescribed in paragraph 1 of subsection 8 (1) is the fee for the previous 12-month period adjusted by the percentage change in the Ontario Consumer Price Index between the previous two calendar years. O. Reg. 173/12, s. 2.
(2) The actual fee prescribed in paragraph 1 of subsection 8 (1) is the amount determined by the calculation described in subsection (1) rounded to the nearest quarter of a dollar. O. Reg. 173/12, s. 2.
(3) If the percentage change in the Ontario Consumer Price Index between the previous two calendar years results in a negative amount, the fee prescribed in paragraph 1 of subsection 8 (1) shall remain at the same level as the previous year. O. Reg. 173/12, s. 2.
(4) In this section, the percentage change in the Ontario Consumer Price Index between two calendar years is the percentage change in the Consumer Price Index for Ontario (All-Items) between those years as published by Statistics Canada under the authority of the Statistics Act (Canada). O. Reg. 173/12, s. 2.
Transition
9. A person who holds a valid driving instructor’s licence under the old regulation on November 30, 2007 is deemed to be issued a driving instructor licence under this Regulation on December 1, 2007. O. Reg. 473/07, s. 9.
Refusal to Renew and Revocation of a Licence
Refusal to renew or revocation of driving instructor licence
10. (1) Subject to section 35, the Minister may refuse to renew or may revoke a driving instructor licence if,
(a) the licensee made a false or inaccurate statement on his or her application for the licence under this Regulation, on his or her application for a licence under the old regulation or on his or her application for renewal of a licence that was issued or deemed to be issued under this Regulation;
(b) the licensee did not satisfy a requirement of subsection 4 (1) at the time the application for the licence was made or the licence was issued;
(c) if the licensee holds a licence deemed to be issued under section 9, the licensee did not satisfy a requirement of section 3 of the old regulation at the time the application for a driving instructor’s licence was made or the licence was issued under the old regulation or at the time the licence was deemed to be issued under section 9 of this Regulation;
(d) at any time while licensed as a driving instructor,
(i) under this Regulation,
(A) the licensee ceases to meet the requirements of subsection 5 (2) of O. Reg. 340/94 to be an accompanying driver, other than by virtue of being licensed as a driving instructor in Ontario,
(B) the licensee has more than three accumulated demerit points on his or her driving record,
(C) the licensee is convicted or found guilty of an offence under the Criminal Code (Canada) or of a comparable offence in another jurisdiction,
(D) the licensee is convicted or found guilty of an offence under the Controlled Drugs and Substances Act (Canada) or the Narcotic Control Act (Canada) or of a comparable offence in another jurisdiction,
(E) the licensee is subject to a court order, conditions of parole or an undertaking to an officer in charge, prohibiting him or her from possessing a weapon, or
(F) the licensee is subject to a court order, conditions of parole or an undertaking to an officer in charge, prohibiting him or her from being alone with, in the presence of or in proximity to persons under any age that may be specified in the order, conditions or undertaking, or
(ii) under the old regulation, grounds existed for the suspension or revocation of the licence under section 9 of that regulation;
(e) at any time while licensed as a driving instructor under this Regulation or, in the case of subclauses (i) and (ii), while licensed as a driving instructor under the old regulation,
(i) the licensee does not or did not operate motor vehicles safely,
(ii) the licensee does not or did not provide adequate instruction to his or her students or treats his or her students in an inappropriate manner,
(iii) the licensee contravenes or fails to comply with section 58, 58.1 or 58.2 of the Act or any provision of this Regulation or breaches a condition of his or her licence, or
(iv) the licensee is not a fit and proper person to be a driving instructor, having regard to his or her character, integrity and past conduct; or
(f) on or after December 1, 1997, whether while licensed as a driving instructor under this Regulation or the old regulation or while not so licensed, the licensee is or was convicted or found guilty of an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163, 163.1, 167, 168, 170, 171, 172, 172.1, 173, 212, 271, 272 or 273 of the Criminal Code (Canada) or a comparable offence in another jurisdiction; or
(g) on or after December 1, 1997, whether while licensed as a driving instructor under this Regulation or the old regulation or while not so licensed, the licensee is or was convicted or found guilty of an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act (Canada), section 4 or 5 of the Narcotic Control Act (Canada) or a comparable offence in another jurisdiction. O. Reg. 473/07, s. 10 (1); O. Reg. 347/08, s. 3 (1).
(2) Despite sub-subclause (1) (d) (i) (B), the Minister shall not revoke or refuse to renew a driving instructor licence of a licensee who was licensed as a driving instructor under the old regulation on November 30, 2007 and who had more than three accumulated demerit points on his or her driving record on November 30, 2007, unless,
(a) the licensee acquires any demerit points on or after December 1, 2007 as a result of an offence that was committed on or after that day;
(b) having had his or her accumulated demerit points reduced on or after December 1, 2007 to three or fewer, he or she has more than three accumulated demerit points on his or her driving record at any time after that day; or
(c) the licensee has more than eight accumulated demerit points on his or her driving record at any time on or after December 1, 2007. O. Reg. 473/07, s. 10 (2).
(3), (4) Revoked: O. Reg. 347/08, s. 3 (2).
(5) Despite sub-subclause (1) (d) (i) (E), the Minister shall not revoke or refuse to renew a driving instructor licence of a licensee who was licensed as a driving instructor under the old regulation on November 30, 2007 and who was subject to an order, condition or undertaking described in that sub-subclause made on or before that date. O. Reg. 473/07, s. 10 (5).
(6) Nothing in subsection (2) or (5) prevents the Minister from revoking or refusing to renew a driving instructor licence for any other reason under subsection (1). O. Reg. 473/07, s. 10 (6); O. Reg. 347/08, s. 3 (3).
(7) The Minister shall serve written notice of a refusal to renew or a revocation of a license on the licensee. O. Reg. 473/07, s. 10 (7).
(8) A licence revocation shall be effective on the date set out in the notice. O. Reg. 473/07, s. 10 (8).
Licence to be displayed
11. Every licensed driving instructor shall display his or her driving instructor licence in the motor vehicle in which he or she is providing driving instruction so that the licence is plainly visible to a person sitting in the driver’s seat. O. Reg. 473/07, s. 11.
Instruction must be for licensed driving school
12. (1) A licensed driving instructor shall not provide instruction to the holder of a Class G1 driver’s licence except pursuant to a written contract between the instructor and a licensed driving school for the employment or services of the instructor to provide driving instruction. O. Reg. 473/07, s. 12 (1).
(2) Revoked: O. Reg. 473/07, s. 37.
Consent to Ministry
12.1 Every licensed driving instructor shall give each licensed driving school with which he or she is under contract to provide driving instruction a written consent to the Ministry to notify the school if the instructor’s licence is or may be revoked. O. Reg. 347/08, s. 4.
Information to Ministry
13. Every licensed driving instructor shall respond forthwith to any inquiries from the Ministry for information relating to his or her qualifications to hold a driving instructor licence. O. Reg. 473/07, s. 13.
Students’ licences not to be retained
14. If a licensed driving instructor asks to see a student’s driver’s licence, the instructor may retain the student’s driver’s licence only for as long as is necessary to make a copy of it and must ensure that the licence is returned to the student immediately after it is copied. O. Reg. 347/08, s. 5.
PART III
DRIVING SCHOOL LICENCES
Prescribed classes of driving instruction
15. The following are prescribed as classes of driving instruction that a person must be authorized to provide for the purpose of subsection 58.1 (2) of the Act:
1. In-vehicle driving instruction in the operation of a Class G motor vehicle provided to a holder of a Class G1, G2 or G driver’s licence in a driver education course approved by the Ministry.
2. Classroom driving instruction in the operation of a Class G motor vehicle provided to a person who does not hold a driver’s licence or who holds a Class G1 or G2 driver’s licence in a driver education course approved by the Ministry. O. Reg. 473/07, s. 15.
Authorization to operate driving school
16. (1) The holder of a driving school licence is authorized to operate a driving school that provides instruction in the classes of driving instruction prescribed by section 15. O. Reg. 473/07, s. 16 (1).
(2), (3) Revoked: O. Reg. 473/07, s. 37.
Issuance and Renewal of Licences
Licence specific to school
17. A driving school licence is valid only in respect of the premises specified in the driving school licence. O. Reg. 473/07, s. 17.
Requirements for driving school licence
18. (1) An applicant must satisfy the following requirements for the issue of a driving school licence:
1. The applicant is competent to operate a driving school.
2. The applicant satisfies the Minister that it holds all other applicable licenses that are required for the applicant to engage in a business and to operate a driving school.
3. The applicant owns or leases premises for the driving school’s office and classrooms.
4. The applicant satisfies the Minister that the driving school’s office and classrooms are in compliance with all applicable zoning restrictions.
5. The driving school’s classrooms are appropriate for the purpose of providing driving instruction, including being appropriately equipped and maintained for that purpose.
5.1 The motor vehicles to be used to provide driving instruction comply with section 27.
6. The curriculum for the driving school’s proposed driver education course is satisfactory to the Ministry.
7. The applicant maintains general liability insurance in the amount of at least $2,000,000 with respect to any one incident that occurs in a classroom.
8. The applicant has entered into a written contract for the employment or services of one or more licensed driving instructors to provide driving instruction.
9. If the applicant is an individual, the applicant is a fit and proper person to operate a driving school, having regard to his or her character, integrity and past conduct.
10. If the applicant is a partnership or corporation, the partners of the partnership or officers and directors of the corporation are fit and proper persons to operate a driving school, having regard to their character, integrity and past conduct.
11. Any person related to the applicant satisfies the requirements of paragraph 9 or 10, as the case may be. O. Reg. 473/07, s. 18 (1); O. Reg. 347/08, s. 6.
(2) For the purpose of paragraph 11 of subsection (1), a person is related to an applicant in any of the following circumstances:
1. The applicant and the person are individuals connected by blood relationship, marriage, common-law partnership, within the meaning of the Income Tax Act (Canada), or adoption.
2. The applicant is a partnership and the person is or was a partner of the partnership, or the person is a partnership and the applicant is or was a partner of the partnership.
3. The applicant and the person are or were partners of the same partnership.
4. Both the applicant and the person are corporations and,
i. the applicant controls, directly or indirectly, or manages the person,
ii. the applicant controlled, directly or indirectly, or managed the person,
iii. the person controls, directly or indirectly, or manages the applicant, or
iv. the person controlled, directly or indirectly, or managed the applicant.
5. Both the applicant and the person are corporations and they are or were controlled, directly or indirectly, or managed by the same person.
6. Both the applicant and the person are corporations and they have or have had common officers or directors. O. Reg. 473/07, s. 18 (2).
(3) Subject to section 35, the Minister shall refuse to issue a driving school licence to an applicant that does not satisfy the requirements of paragraphs 1 to 11 of subsection (1), and shall serve written notice of the refusal on the person. O. Reg. 473/07, s. 18 (3).
Term of initial driving school licence
19. The term of a driving school licence issued to an applicant for the first time under this Regulation shall be at least one year and shall expire on the date set out in the licence. O. Reg. 473/07, s. 19.
Renewal of driving school licence
20. (1) Every renewal of a driving school licence shall be for a term of three years and shall expire on the date that is the third anniversary of the date of the renewal. O. Reg. 473/07, s. 20 (1).
(2) A driving school licence that is not renewed within six months after its expiry is not renewable and must be applied for again. O. Reg. 473/07, s. 20 (2).
(3) Section 18 applies with necessary modifications to a driving school licence that is applied for again as required by subsection (2). O. Reg. 473/07, s. 20 (3).
Refusal to Renew and Revocation of a Licence
Refusal to renew or revocation of driving school licence
21. (1) Subject to section 35, the Minister may refuse to renew or may revoke a driving school licence if,
(a) the licensee made a false or inaccurate statement on the application for the licence or on the application for renewal of the licence;
(b) the licensee did not satisfy a requirement of section 18 at the time the application for the licence was made or the licence was issued;
(c) the licensee ceases to satisfy a requirement of section 18 at any time after the licence is issued;
(d) the driving school does not provide adequate instruction to its students or treats its students, or permits its driving instructors to treat its students, in an inappropriate manner;
(e) the licensee, or a partner, officer or director of the licensee, contravenes or fails to comply with section 58, 58.1 or 58.2 of the Act or any provision of this Regulation or breaches a condition of its licence;
(f) the licensee, or a partner, officer or director of the licensee, is not a fit and proper person to operate a driving school, having regard to his or her character, integrity and past conduct; or
(g) the driving school is not in operation and has not been in operation for a period of one year. O. Reg. 473/07, s. 21 (1).
(2) The Minister shall serve written notice of a refusal to renew or a revocation of a license on the licensee. O. Reg. 473/07, s. 21 (2).
(3) A licence revocation shall be effective on the date set out in the notice. O. Reg. 473/07, s. 21 (3).
Licence to be displayed
22. Every licensee that operates a licensed driving school shall display a copy of the driving school licence in every classroom used to provide driving instruction so that it is plainly visible to the students in the classroom. O. Reg. 473/07, s. 22.
Approval for premises
23. A licensed driving school shall obtain the Ministry’s prior approval for the premises it proposes to use for its office and classrooms. O. Reg. 473/07, s. 23.
Driving instructors
24. A licensee that operates a licensed driving school shall not permit any person to provide instruction in the prescribed class of in-vehicle driving instruction or the prescribed class of classroom driving instruction unless,
(a) the person holds a driving instructor licence issued or deemed to be issued under this Regulation;
(b) the person is under written contract with the school for his or her employment or services to provide driving instruction; and
(c) the person has given the school a written consent to the Ministry to notify the school if his or her instructor’s licence expires or is or may be revoked and the school has given the consent to the Ministry, in the form and manner specified by the Ministry. O. Reg. 347/08, s. 7.
Requirements re classroom driving instruction
25. (1) A licensee that operates a licensed driving school shall not permit any person to provide the prescribed class of classroom driving instruction unless,
(a) the person and the school satisfy the requirements of section 24; and
(b) the person,
(i) has successfully completed a course in classroom driving instruction approved by the Ministry, or
(ii) in the case of person who is certified by the Ontario College of Teachers to provide classroom driving instruction, has successfully completed before September 29, 2008 a course in classroom driving instruction approved by a school board. O. Reg. 347/08, s. 8.
(2) The holder of a valid driving instructor licence who satisfies the requirements of subsection (1) is authorized to provide instruction in both the prescribed class of in-vehicle driving instruction and the prescribed class of classroom driving instruction. O. Reg. 347/08, s. 8.
Requirements re driver education course
26. (1) Every licensed driving school shall provide instruction in a prescribed class of driving instruction in accordance with the curriculum of the driver education course that is satisfactory to the Ministry as required by paragraph 6 of subsection 18 (1). O. Reg. 473/07, s. 26 (1).
(2) A driver education course must be completed in one year. O. Reg. 473/07, s. 26 (2).
Vehicles
27. Every licensee that operates a licensed driving school shall ensure that each motor vehicle used by the driving school to provide driving instruction satisfies the following requirements:
1. It has a currently validated vehicle permit.
2. It has number plates displayed in accordance with the Act.
3. It is equipped with a properly functioning service brake actuator that may be operated by the driving instructor.
4. A safety standards certificate has been issued in respect of the motor vehicle within the previous year.
5. It is insured by a policy of automobile insurance, as defined in subsection 1 (1) of the Compulsory Automobile Insurance Act, with a limit for personal injury or damage to property of not less than $2,000,000 exclusive of interest and costs in respect of any one accident, and the policy contains a driving training school endorsement in a form approved by the Superintendent of Financial Services. O. Reg. 473/07, s. 27.
Students’ licences not to be retained
28. If a licensed driving school asks to see a student’s driver’s licence, the school may retain the student’s driver’s licence only for as long as is necessary to make a copy of it and must return the licence to the student immediately after copying it. O. Reg. 473/07, s. 28.
Driver education certificates
29. (1) Electronic driver education certificates and paper driver education certificates are prescribed as driver education certificates for the purpose of subsection 58.1 (6) of the Act. O. Reg. 347/08, s. 9.
(2) A licensed driving school shall not issue a driver education certificate to a student and a person authorized to sign a paper driver education certificate by subsection 29.2 (2) shall not do so until the student has successfully completed both the prescribed class of classroom driving instruction and the prescribed class of in-vehicle driving instruction that comprise the school’s driver education course. O. Reg. 347/08, s. 9.
(3) Every licensed driving school shall return its unused paper driver education certificates, if it has any, to the Ministry on or before the first anniversary of the day Ontario Regulation 347/08 is filed and shall not issue any paper driver education certificates after that date. O. Reg. 347/08, s. 9.
Issuance of electronic driver education certificates
29.1 (1) A licensed driving school issues an electronic driver education certificate to a student upon the successful completion of the school’s driver education course by notifying the Ministry electronically, in the form and manner specified by the Ministry, that the student has successfully completed the school’s driver education course and by paying to the Ministry the fee prescribed under subsection 30 (2). O. Reg. 347/08, s. 9.
(2) An electronic driver education certificate is not considered issued under subsection (1) until the Ministry acknowledges to the driving school receipt of the notification and of the fee required under section 30. O. Reg. 347/08, s. 9.
(3) A licensed driving school that has issued an electronic driver education certificate to a student in error may, with the consent of the Ministry, cancel the certificate electronically, in the form and manner specified by the Ministry, and the Ministry shall acknowledge the cancellation to the driving school. O. Reg. 347/08, s. 9.
(4) The Registrar shall include on the driver records that he or she maintains for every person who holds a driver’s licence the fact that the person was issued,
(a) an electronic driver education certificate under this Regulation; or
(b) a paper driver education certificate or driver education student record issued to him or her under this Regulation or the old regulation, if the person submits a copy of the paper driver education certificate or driver education student record to the Ministry. O. Reg. 347/08, s. 9.
Issuance of paper driver education certificates
29.2 (1) A licensed driving school may issue a paper driver education certificate to a student upon the successful completion of the school’s driver education course by giving the certificate to the student. O. Reg. 347/08, s. 9.
(2) A paper driver education certificate issued to a student under subsection (1) must be signed by,
(a) a licensed driving instructor under contract with the school for his or her employment or services;
(b) if the licensee that operates the licensed driving school is a partnership, one of the partners;
(c) if the licensee that operates the licensed driving school is a corporation, one of the officers or directors previously identified to the Ministry as an officer or director; or
(d) if the driver education course is provided by a school board, a full-time employee of the board designated in writing by the board. O. Reg. 347/08, s. 9.
(3) A licensed driving school may issue a replacement paper driver education certificate to a former student of the school only if the school still has a record of that student’s enrolment in and successful completion of the school’s driver education course. O. Reg. 347/08, s. 9.
(4) Every licensee that operates a licensed driving school shall keep the school’s unused paper driver education certificates in a secure location and shall notify the Ministry immediately of the loss, theft or destruction of any such certificates. O. Reg. 347/08, s. 9.
Fees for driver education certificates
30. (1) Every licensee that operates a licensed driving school shall pay $15 to the Ministry for each paper driver education certificate provided by the Ministry to the licensee. O. Reg. 347/08, s. 10.
(2) Every licensee that operates a licensed driving school shall pay $15 to the Ministry for each electronic driver education certificate issued by the licensee on and after September 29, 2008. O. Reg. 347/08, s. 10.
(3) The Ministry shall refund a licensee $2.25 for each unused paper driver education certificate provided by the Ministry to the licensee that the licensee returns to the Ministry and for each electronic driver education certificate that the licensee notifies the Ministry is cancelled. O. Reg. 347/08, s. 10.
Information to Ministry
31. (1) Every licensee that operates a licensed driving school shall notify the Ministry within 15 days after any change in the information provided by it to the Ministry with its licence application or thereafter, and shall provide the Ministry with supporting documents relevant to such change. O. Reg. 473/07, s. 31 (1).
(1.1) Every licensee that operates a licensed driving school shall notify the Ministry immediately, in the form and manner specified by the Ministry,
(a) upon entering into a written contract with a licensed driving instructor for his or her employment or services to provide driving instruction; and
(b) upon such instructor’s ceasing to provide driving instruction for the school for any reason. O. Reg. 347/08, s. 11 (1).
(2) Despite subsection (1), a licensee shall obtain prior approval from the Ministry for any new premises it proposes to use for its office or for a classroom. O. Reg. 473/07, s. 31 (2).
(3) On the day a driver education course provided by a licensed driving school starts, the licensee that operates the school shall submit to the Ministry the following information in the form and manner required by the Ministry:
1. The name of the licensed driving school.
2. The licence number issued to the school by the Ministry.
3. The start date of the course.
3.1 The list of licensed driving instructors who will provide classroom instruction in the course.
3.2 The list of licensed driving instructors who will provide in-vehicle instruction in the course.
4. The list of students enrolled in the course, including each student’s name, gender, date of birth, address and telephone number.
5. For each student who holds a driver’s licence before the start of the course, the number of the licence. O. Reg. 473/07, s. 31 (3); O. Reg. 347/08, s. 11 (2).
(4) At the end of a driver education course provided by a licensed driving school, the licensee that operates the school shall submit to the Ministry the list of students who successfully completed the course and,
(a) a copy of each paper driver education certificate issued by the school;
(b) for each successful student, a copy of his or her driver’s licence;
(c) the list of licensed driving instructors who provided classroom instruction in the course; and
(d) the list of licensed driving instructors who provided in-vehicle instruction in the course. O. Reg. 347/08, s. 11 (3).
(5) Every licensee that operates a licensed driving school shall respond forthwith to any inquiries from the Ministry for information relating to its qualifications to hold a driving school licence. O. Reg. 473/07, s. 31 (5).
Recordkeeping
32. (1) Every licensee that operates a licensed driving school shall keep and retain the following records at its office:
1. The original driving school licence for the school.
2. The list of students enrolled in each driver education course provided by the school, as described in paragraph 4 of subsection 31 (3).
3. For each student who holds a driver’s licence before the start of the course, the number of the licence.
4. The name of each licensed driving instructor under contract with the school for his or her employment or services who provided classroom or in-vehicle instruction for each course provided by the school, the number and expiry date of his or her driver’s licence and the number and expiry date of his or her driving instructor licence issued or deemed to be issued under this Regulation.
5. A classroom training record sheet for each student enrolled in a driver education course provided by the school, which must contain,
i. the student’s name,
ii. the dates, times and duration of each classroom training session attended by the student,
iii. the student’s classroom test results,
iv. the signature of the student, and
v. the name and signature of the licensed driving instructor who provided the classroom instruction.
6. An in-vehicle training record sheet for each student enrolled in a driver education course provided by the school, which must contain,
i. the student’s name,
ii. the dates and times of each in-vehicle training session attended by the student and the duration of the student’s actual driving time during each session,
iii. the student’s in-vehicle test results,
iv. the signature of the student, and
v. the name and signature of the licensed driving instructor who provided the in-vehicle instruction.
6.1 A record of each electronic driver education certificate issued by the school to a student on successful completion of a driver education course provided by the school, including a record of the Ministry’s acknowledgment that it was notified of such issuance, and a record of the cancellation of any such electronic driver education certificate that was issued in error and of the Ministry’s acknowledgment of the cancellation.
7. Copies of each paper driver education certificate issued by the school to a student on successful completion of a driver education course provided by the school.
8. Revoked: O. Reg. 347/08, s. 12 (3).
9. A list of the licensed driving instructors who enter into a written contract with the school for their employment or services, including a record of the days and hours worked by each such instructor and a record of his or her earnings.
10. Copies of each written contract for employment or services entered into by a licensed driving instructor and the school. O. Reg. 473/07, s. 32 (1); O. Reg. 347/08, s. 12.
(2) The records described in paragraphs 2 to 8 of subsection (1) shall be kept for three years from the date they are created. O. Reg. 473/07, s. 32 (2).
(3) The list of instructors described in paragraph 9 of subsection (1) shall be kept for three years from the date it ceases to be current. O. Reg. 473/07, s. 32 (3).
(4) A contract described in paragraph 10 of subsection (1) shall be kept for three years from the date the instructor ceases to be under contract with the school for his or her employment or services. O. Reg. 473/07, s. 32 (4).
(5) No student or instructor shall sign a training record sheet under either paragraph 5 or 6 of subsection (1) until after the student has successfully completed that portion of the driver education course. O. Reg. 473/07, s. 32 (5).
(6) Revoked: O. Reg. 473/07, s. 37.
Electronic records
33. (1) Any record required to be kept or retained by section 32 may be kept or retained in electronic form if,
(a) it contains all the information required by section 32; and
(b) upon the demand of an inspector appointed under section 58.2 of the Act, the record can be viewed electronically and a paper copy can be produced for inspection and copying. O. Reg. 473/07, s. 33 (1).
(2) For the purposes of clause (1) (a), the requirement that a record be signed is satisfied by an electronic signature if,
(a) the electronic signature is reliable for the purpose of identifying the person; and
(b) the association of the electronic signature with the electronic document is reliable. O. Reg. 473/07, s. 33 (2).
(3) A licensee that operates a licensed driving school may submit any document to the Ministry in electronic form only with the prior approval of the Ministry and in the form and manner specified by the Ministry. O. Reg. 473/07, s. 33 (3).
Return of records, etc., on ceasing to be licensed
34. A licensee that is notified that the Minister is revoking or refusing to renew its driving school licence shall, forthwith upon notification,
(a) return its original licence and all of its unused paper driver education certificates to the Ministry;
(b) provide the Ministry with all records in the licensee’s possession that the Ministry may require regarding students currently enrolled in the school’s driver education courses; and
(c) provide to the Ministry any records listed under subsection 32 (1) that it possesses at the close of business on the last day that it is licensed. O. Reg. 473/07, s. 34; O. Reg. 347/08, s. 13.
Right to be heard — circumstances
35. (1) An applicant for a driving instructor licence or person who holds a driving instructor licence, including a licence deemed to have been issued under section 9, has no right to be heard before the Minister makes a decision to refuse to issue the licence or to revoke or refuse to renew the licence except in the following circumstances:
1. Where the Minister proposes to refuse to issue a licence because the applicant fails to satisfy a requirement under paragraph 1 or 15 of subsection 4 (1).
2. Where the Minister proposes to revoke a licence or refuse to renew a licence under clause 10 (1) (b) because the licensee did not satisfy a requirement set out in paragraph 1 or 15 of subsection 4 (1).
3. Where the Minister proposes to revoke a licence or refuse to renew a licence under clause 10 (1) (c) because the licensee did not satisfy a requirement set out in clause 3 (1) (a) or (h) of the old regulation.
4. Where the Minister proposes to revoke a licence or refuse to renew a licence under subclause 10 (1) (d) (ii) because the licensee did not satisfy a requirement set out in clause 3 (1) (a) or (h) of the old regulation.
5. Where the Minister proposes to revoke a licence or refuse to renew a licence under subclause 10 (1) (e) (i), (ii) or (iv). O. Reg. 473/07, s. 35 (1).
(2) An applicant for a driving school licence or person who holds a driving school licence has no right to be heard before the Minister makes a decision to refuse to issue the licence or to revoke or refuse to renew the licence except in the following circumstances:
1. Where the Minister proposes to refuse to issue a licence because the applicant fails to satisfy a requirement under paragraph 1, 9, 10 or 11 of subsection 18 (1).
2. Where the Minister proposes to revoke or to refuse to renew a licence under clause 21 (1) (b) because the licensee failed to satisfy a requirement set out in paragraph 1, 9, 10 or 11 of subsection 18 (1).
3. Where the Minister proposes to revoke or to refuse to renew a licence under clause 21 (1) (c) because the applicant fails to satisfy a requirement set out in paragraph 1, 9, 10 or 11 of subsection 18 (1).
4. Where the Minister proposes to revoke or to refuse to renew a licence under clause 21 (1) (d) or (f). O. Reg. 473/07, s. 35 (2).
(3) Prior to making a decision described in paragraph 1, 2, 3, 4 or 5 of subsection (1) or paragraph 1, 2, 3 or 4 of subsection (2), the Minister shall serve a notice of his or her proposed decision on the applicant or licensee, together with a summary of the reasons for such proposed decision. O. Reg. 473/07, s. 35 (3).
(4) An applicant or licensee may, within 30 days after being served with a notice under subsection (3), submit in writing to the Minister any information that the applicant or licensee considers relevant to the Minister’s proposed decision. O. Reg. 473/07, s. 35 (4).
(5) The Minister shall review and consider any information submitted under subsection (4) before making a decision described in paragraph 1, 2, 3, 4 or 5 of subsection (1) or paragraph 1, 2, 3 or 4 of subsection (2). O. Reg. 473/07, s. 35 (5).
(6) There is no right to appeal a decision of the Minister made under section 58 or 58.1 of the Act or under this Regulation, but nothing in this Regulation prevents the taking of a proceeding in court to review such a decision. O. Reg. 473/07, s. 35 (6).
Service
36. (1) Any notice required to be served under this Regulation is sufficiently served if delivered personally or sent by mail addressed to the person upon whom service is to be made at the last address for service appearing on the records of the Ministry. O. Reg. 473/07, s. 36 (1).
Same
(2) Service made by mail is deemed to be made on the seventh day after the day of mailing. O. Reg. 473/07, s. 36 (2).
37. Omitted (provides for amendments to this Regulation). O. Reg. 473/07, s. 37.
38. Omitted (revokes other Regulations). O. Reg. 473/07, s. 38.
39. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 473/07, s. 39.
